Metropolitan Board of Zoning Appeals Division II Public Hearing

On March 12, 2024, at 6:00 PM, the Metropolitan Board of Zoning Appeals Division II held a public hearing chaired by Acting Chairperson James Duke, with board members Beth Brandon, Patrice Deckett Brown, and Tom Barnes. Staff from the Division of Planning and legal counsel were present. The board considered continuances, notice waivers, expedited items, and several contested variance and special exception requests.

Consent Calendar

• The board unanimously approved a waiver of procedural rules to expedite voting on the expedited docket.
• Expedited Docket (Item 3): A variance of development standards for a single-family dwelling with 66.9% open space at 529 East 57th Street (Washington Township) was approved unanimously.
• Continuance: Cindy Thrasher’s request to continue case 2024 DV2‑002 to May 21, 2024, was granted without opposition.
• Notice Waiver: A three‑day mailing waiver and five‑day posting waiver for case 2024 DV2‑006 (1212 East 25th Street) were approved by a 3‑1 vote (Barnes dissenting).

Public Comments & Testimony

Case 2023 UV1023 – Enterprise Leasing (7217 Woodland Drive):

• Ed Locke, representing the Pike Township Residents Association (PTRA), stated the PTRA supports the petition with the proposed covenants.

Case 2023 SC2002 – Reagan Outdoor Advertising (3210 Chief Lane):

• Pat Andrews, representing the Marion County Alliance of Neighborhood Associations and Decatur Township Civic Council, opposed the petition, arguing that the billboard does not exist to relocate, that city ordinance prohibits signs inside I‑465, and that the requested variances are unnecessary because the site can accommodate standard setbacks.
• Tom O’Beal, president of Historic Urban Neighborhoods (HUNY), urged the board to uphold the city’s sign ordinance and vote no.

Case 2024 DV2008 – Broadway Street Fence:

• No remonstrators appeared. Petitioners Maureen Borto, Lauren Gillot, and Timothy Smith testified in support of their request for an 8‑foot‑tall rear yard fence.

Discussion Items

Special Requests and Continuances:

• The board considered a continuance and notice waivers as noted in the Consent Calendar. Staff also acknowledged an automatic continuance for 2024 UV2‑002 to April 9, 2024, and a housekeeping correction for 2023 SC2002.

Case 2023 UV1023 – Enterprise Leasing (Car/Truck Rental Facility):

• Petitioner Joe Calderon and Jeff Gowdy (Enterprise Mobility) presented the proposal to convert a vacant former Hardee’s into a car and truck rental facility. They argued the triangular site and vacancy create a peculiar hardship, and that the use would be less intense than permitted C4 uses (e.g., 20 transactions per day). They noted support from the Park 100 Owners Association and the north‑adjoining day‑care center.
• Staff opposed, stating the site can be redeveloped as a permitted restaurant, that vacancy is not a peculiar condition, and that the hardship is self‑created.
• Board vote: Brown yes, Barnes no, Duke yes, Brandon yes – passes 3‑1.

Case 2023 SC2002 – Reagan Outdoor Advertising (Billboard Relocation):

• Petitioner John Campbell and counsel Dana McClendon requested a special exception and variances to relocate an outdoor advertising sign displaced by the I‑69 widening. They presented letters of support from City‑County Councillors Jared Evans and Joshua Bain.
• Remonstrators opposed, citing the city’s ban on signs inside I‑465, the lack of an actual sign to relocate (the land was sold to INDOT), and safety concerns.
• Staff supported the special exception (state law supersedes local ordinance) but did not recommend the variances, citing potential driver distraction and inadequate separation from protected districts.
• The board split the vote: Part A (special exception) received a 2‑2 tie (Barnes no, Duke yes, Brown no, Brandon yes), resulting in an automatic continuance to May 21, 2024. Part B (development standards variances) was denied unanimously.

Case 2023 DV2038 – Raising Cane’s Restaurant (8245 Allisonville Road):

• Petitioner Joe Calderon, Gene Byerman (Kite Realty), and Felicia Bivens presented plans for a double drive‑through restaurant on a triangular out‑lot in Castleton Crossing. They requested variances for the drive‑through in the front yard (9.2‑foot setback instead of 10 feet) and for a second drive‑through lane without a bypass aisle. They highlighted a landscaping plan with 838 plantings, 17 trees, and 224 shrubs at 30‑inch height, and noted support from the Greater Allisonville Community Council.
• Staff objected, asserting that headlight glare from westbound traffic on I‑465 would distract drivers, that deciduous landscaping provides inadequate year‑round screening, and that the lack of a bypass aisle poses safety risks.
• Board vote: Brown yes, Brandon yes, Barnes no, Duke yes – passes 3‑1.

Case 2024 DV2006 – OmniSource Sign (1212 East 25th Street):

• The petitioner initially sought a variance for a 20‑foot‑tall internally illuminated pole sign. Staff recommended denial.
• After staff explained that a pylon sign without illumination is permitted by right, the petitioner withdrew the variance request. The board acknowledged the withdrawal.

Case 2024 DV2008 – Broadway Street Fence (5669‑5677 Broadway Street):

• Petitioners Maureen Borto, Lauren Gillot, and Timothy Smith requested variances to maintain an 8‑foot‑tall fence in the rear yard (and originally along the side and front, but they committed to reducing the side/front portions to 6 feet). They cited noise, light pollution, and safety concerns from a neighboring property used as a short‑term rental (Airbnb) that can accommodate up to 21 guests. They noted unique lot conditions: their garages face Broadway, not the alley, and they lack the buffering that other neighbors have.
• Staff recommended denial, stating that noise and light are not sufficient grounds for a variance and that 8‑foot fences are atypical for residential areas.
• Board vote: All yes – passes unanimously. Petitioners agreed to reduce side and front fence heights to 6 feet.

Key Outcomes

• 2023 UV1023 (Enterprise Leasing): Approved 3‑1.
• 2023 SC2002 (Reagan Outdoor Advertising): Part A (special exception) continued to May 21, 2024, due to indecisive vote; Part B (variances) denied.
• 2023 DV2038 (Raising Cane’s): Approved 3‑1.
• 2024 DV2006 (OmniSource Sign): Withdrawn after amendment to conform to ordinance.
• 2024 DV2008 (Broadway Street Fence): Approved unanimously with commitment to reduce side/front fence heights.
• Expedited Item 3 (529 E 57th St): Approved unanimously.
• Continuances: Case 2024 DV2‑002 continued to May 21, 2024; case 2024 UV2‑002 automatically continued to April 9, 2024.