Metropolitan Board of Zoning Appeals Division II Meeting - May 21, 2024
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Metropolitan Board of Zoning Appeals Division II Meeting - May 21, 2024
The Metropolitan Board of Zoning Appeals Division II convened on May 21, 2024, with only two members present (Craig Von Dalen, acting chair, and Tom Barnes) due to a family emergency involving member Patrice Duckett Brown. Without a quorum, the board could not hear any cases. The session focused on handling continuances, transfers to Division III, and withdrawals for the scheduled docket. Staff confirmed that all permanent members and eligible alternates were contacted but no substitutes were available.
Discussion Items
- Preamble and Procedural Explanation: Chair Von Dalen read the standard preamble and explained that due to the lack of a quorum, all cases would be automatically continued to the next hearing unless petitioners requested a transfer to Division III (scheduled for May 28, 2024) or a withdrawal.
Key Outcomes
- Withdrawals Acknowledged:
- Case 2024-DV2-002 (4645 Tempe Court): Withdrawn after the petitioner found a relocation solution without needing a variance.
- Case 2024-DV2-010 (1105 South Harding Street): Withdrawn after issues were resolved with staff.
- Case 2024-DV2-014 (5113 Guildford Avenue): Withdrawn because the variance was deemed unnecessary; refund of filing fees was deferred to the next hearing.
- Transfers to Division III (May 28, 2024):
- Case 2024-DV2-017 (4361 East 75th Street) – expedited, transferred without additional notice.
- Case 2024-UV2-007 (5314 West 38th Street) – expedited, transferred without additional notice.
- Continuances to June 11, 2024:
- Case 2023-SE2-002 (3210 Chief Lane) – continued without additional notice.
- Case 2023-DV2-032 (911 Sanders Street) – continued without additional notice (staff agreed).
- Case 2024-UV2-002 (multiple addresses on East 65th Street) – continued; petitioner could not withdraw due to lack of quorum.
- Case 2024-UV2-005 (4925 Southport Road) – continued without additional notice.
- Case 2024-DV2-013 (2801 South Illinois Street) – continued without additional notice.
- Case 2024-DV2-018 (address not specified) – continued without additional notice.
- Case 2024-DV2-019 (6176 Carrollton Avenue) – continued to June 11 with new notice due to a prior amendment.
- Continuances to July 9, 2024:
- Case 2024-DV2-015 (2366 Winthrop Avenue) – continued two months because the petitioner could not attend in June.
- Case 2024-DV2-016 (921 East 24th Street) – continued two months for the same reason.
Meeting Transcript
If I get started, called order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division II. I'm Craig Von Dalen, acting chairperson of Division Two. The other board member present to my left is Tom Barnes. Unfortunately, Patrice Duckett Brown is not able to be with us this morning because of a family emergency that occurred this morning. So we are only have two members. Legal Counsel of the Board today is Chris Steinmet. Staff members present today from the Division of Planning are Eddie O'Neill, Principal Planner 2, Robert Eulenh, Senior Planner, Michael Weggle. Senior Planner Noah Stern, Associate Planner Melanie Evans is our acting specialist and secretary of the board. Marty Marty Weiste, Acting Sex Specialist and Secretary of the Board is will be accompanying Melanie. Matt Pleasant is the current plan and current planning administrator. The board has copies of the zoning ordinance that will be incorporated by reference in the record of each day, each case heard today. The proceedings of this hearing are governed by the board's rules of procedures, and expedited cases we heard immediately after our request are continuous as a withdrawals. As each non-expedited case is called, petitioners and remonstrators interested in particular case will be pleased stand. Unfortunately, we will not be hearing any cases today because we only have two members. I'm going to go ahead and continue to read the preamble and then we'll get back and get around to some solutions when I get done. Petitioners should be on your left remonstrators on your right, face the board. Host to testify with state their name and address for the record before beginning to testify. Petitioners and persons disappearing in support of the case heard shall have a maximum of 15 minutes for presentation of evidence, statements, and arguments in support of the petition. Remonstrators and persons appearing in opposition to the petition shall have a maximum 15 minutes of presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present administrators' comments regarding the petition. Remonstrators will then be allowed five minutes for rebuttal of petitioners' rebuttal evidence and a brief closing statement. No further evidence statements or arguments will be heard unless it's at the discretion of the board. Please limit your testimony and evidence the matter is covered in the statutory requirements, which must be met in order for the board to grant a variance. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedures, including posting of a notice signs and subject property at least 23 days prior to the hearing, the board may continue petition. Anyone in a hearing who thinks the complete and proper notice has not been given and would like petition continued due to the lack of proper notice, must bring this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the paving of pay parking area, and the dedication of rights of ways are examples. These conditions and commitments are an integral part of the board's decision and must be met for granted variants to be valid. Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of the completion. Unless otherwise specified an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments or variance grant is a valuation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive a notice of filing of a petition for judicial review of a decision of the board. The written request must be filed within five days of the board's decision and must include a person's will name and correct mailing address and a reference to the board's petition number. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of the public hearing process is prohibited. Please be courtesy, courteous and orderly at all times, and please be sure all cell phone ringers are turned off. There are only two of us today, so we will be entertaining motions or we will be allow allowed to continue. All can all cases are automatically continued to our next hearing, but we will be allowing transfers to division three if that is requested by the by the petitioner. And uh we're gonna go ahead and I think uh since we uh we'll just go through the uh um the docket in order and and do every case because we can also acknowledge withdrawals. Uh I will take special requests. Actually, I'm gonna take them as special requests. So petitioners who have special requests, please come forward and we'll talk about continuing you or transferring you to division three. Good afternoon. My name is Cindy Thrasher, 3637 Shelby Street, Indianapolis, 46227. I'm here representing the owner for case number two zero two four-dv two-zero zero two, forty-six forty-five Tempe Court. I am requesting a withdrawal for this case. Um we've come to uh uh we've talked with current planning and we have found a location that they can relocate their shed without the need of a variance. Thank you, Ms. Thatcher that uh thrasher.
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