Metropolitan Board of Zoning Appeals Division II Public Hearing - December 12, 2023

The Metropolitan Board of Zoning Appeals (BZA) Division II held a public hearing on December 12, 2023, chaired by Craig E. Von Dalen, with members Patrice Duckett Brown and Tom Barnes. Legal counsel Chris Steinmetz was present. Because only three members were present, three affirmative votes were required to take action on any request. The board considered continuances, an expedited docket, and three contested petitions.

Consent Calendar

• Adopted a waiver of procedural rules to allow expedited petitions to be voted on without additional testimony.
• Granted continuances: 2023 DV2-035 (5602 North Keystone Ave.) to January 9, 2024, without notice; 2023 DV2-030 (3833 East 56th St.) to February 13, 2024, without notice; 2023 SC2002 (3210 Chief Lane) to January 9, 2024; 2023 DV2-032 (911 Sanders St.) to February 13, 2024, without notice, with staff noting this would be the last continuance staff would support; 2023 UV2-015 (listed as 769 Riverfront Ave., later as 7069 Riverfront Ave.) to January 9, 2024, with notice. A three-day waiver of mailed notice was granted for 2023 DV2-034 (1949 Alvord/Alvard St.). Petition 2023 DB2027 (4110 North Illinois) was withdrawn.
• Expedited petitions 2023 UV2012 (6328 Sherab Road) and 2023 UV2016 (37 West St. Clair St.) were approved unanimously with three yes votes.

Public Comments & Testimony

• Patrick Milligan, a neighbor, did not object to the continuance for 2023 DV2-035.
• John Parlberg, a neighbor at 1955 Alvord Street, initially expressed uncertainty about the three-day notice waiver but did not object. Later he remonstrated against the side-yard variance, citing drainage, shading, and loss of green space. Vernon Compton (Martindale Brightwood) also opposed the variance.
• For the billboard petition (2023 SE2001), multiple remonstrators testified in opposition: Pat Andrews (Decatur Township Civic Council and Marion County Alliance of Neighborhood Associations) argued the billboard would violate the ban on signs inside I-465 and cited impacts on property values and the applicable state law timing; Vernon Compton (Martindale Brightwood One Voice) opposed any changes near I-70; Chris Staub (Near Eastside Community Organization) and David Scott (Spades Park Neighborhood Association) said the billboard would not improve residents' quality of life and could create a harmful precedent; Marjorie Kinley (Historic Urban Neighborhoods of Indianapolis) noted the sign ordinance was a two-year compromise and that no new billboards inside I-465 was sacred.

Discussion Items

• Enterprise Rent-A-Car (2023 UV1-023, 7217 Woodland Drive): Attorney Joe Calderan and Jeff Gowdy sought a use variance to convert a vacant former Hardee's restaurant into a car and truck rental facility in a C4 zone. They argued the use is less intense than permitted uses like McDonald's, noted support from the Pike Township Residents Association and Park 100 owners association, and listed commitments (no damaged vehicles, no repair work, trucks stored on the east side, flooding issue on Greenleaf fixed). Staff opposed, stating that intensity is measured by more than traffic, that auto rental is restricted to C5 and large-truck rental to C7/industrial zones, and that commitments do not address staff's concerns. Board members asked about the largest truck (26-foot box truck) and employee numbers. The vote was 2 yes (Duckett Brown, Von Dalen) and 1 no (Barnes), which failed to reach the required three votes; the petition was automatically continued to January 9, 2024.
• Reagan Outdoor Advertising sign (2023 SE2001, 2400 Roosevelt Avenue): Petitioner sought a special exception and variances to relocate a billboard taken by INDOT for the I-69 finish line project. The requested variances included a 60-foot height (reduced from 70 feet), a 220-foot separation from an exit roadway center line (500 required), a 6-foot front setback (60 required), and a 130-foot separation from a protected district (300 required). Property owner John Campbell and petitioner Michelle Knoppenberger testified about the property investment, tenant SEAL's support, and the financial burden to Marion County if not approved. Staff supported the special exception and the amended height due to the I-70 road deck, but recommended denial of the other variances, noting the sign could be relocated on the site to meet standards. The board split its ballot: on Part A (special exception and reduced height), votes were 1 yes (Barnes) and 2 no (Von Dalen, Duckett Brown), an indecisive vote, so Part A was automatically continued to January 9, 2024. On Part B (remaining development standards), all three members voted no, so those variances were denied.
• Catherine Ramsire / Melissa Ianucci (2023 DV2-034, 1949 Alvord Street): The petitioner requested variances for a 26-foot front building line (19.9 feet max) and four-foot side yard setbacks for a detached garage (five feet required). Staff corrected the zoning to D8, and recommended approval of the front setback due to ambiguity in measurement, but denial of the side setbacks because a 30-foot garage could satisfy the five-foot requirement. The petitioner requested a continuance to discuss with neighbors; the remonstrator opposed because he would be unavailable in January. The board granted a continuance to the next regular hearing (January 9, 2024) without notice.

Key Outcomes

• All requested continuances and the expedited approvals were granted unanimously.
• Enterprise Rent-A-Car petition received 2 yes and 1 no, failing to obtain the necessary three votes; automatically continued to January 9, 2024.
• Reagan Outdoor Advertising special exception (with 60-foot height) received 1 yes and 2 no and was automatically continued to January 9, 2024; the associated development-standard variances were denied 3-0.
• The Alvord Street petition was continued to January 9, 2024, without a vote on the merits.
• The board adopted findings of fact for expedited petition 2023 UV2-012 and negative findings for 2023 DV2-017 (from a September 12 denial).