Indianapolis Board of Zoning Appeals Meeting – July 9, 2024

The Board of Zoning Appeals for Indianapolis met on July 9, 2024, at 6:00 PM. All five board members were present: Chairperson Craig Von Dale, Beth Brandon, Tom Barnes, James Duke, and Patrice Duckett Brown. The meeting covered procedural matters, continuances, an expedited case, and three regular public hearings. Key decisions included granting variances for a carport, a large residential project on Sunset Lane, and denying a commercial contractor use and oversized pole barn.

Consent Calendar

• The board approved the minutes from the previous meeting by consensus.
• A motion to waive rules for expedited petitions (allowing votes without individual testimony) was passed unanimously.

Public Comments & Testimony

Public testimony was given during individual case hearings, summarized in the case sections below.

Discussion Items

Continuances and Procedural Matters

Multiple continuances were granted, all to the August 13, 2024 hearing without additional notice:

• 2024 DV2-024 (2415 & 2427 N. Rural St.): Granted a three-day waiver of legal notice.
• 2024 DV2-023 (1313 W. 86th St.): Continued at petitioner's request (Centier Bank), with neighborhood support.
• 2024 DV2-025 (1670 Columbia Ave.): Continued to allow more time for neighborhood and staff meetings.
• 2024 UV2-011 (1237 Evison St.): Continued for neighborhood coordination.
• 2024 DV2-015 (2366 Winthrop Ave.) and 2024 DV2-016 (921 E. 24th St.): Continued to finalize home designs.
• 2024 UV2-008 (6135 Furnace Rd.): Moved to the expedited docket subject to seven commitments from the Decatur Township Civic Council and staff; granted later in the expedited session.
• 2024 DV2-020 (821 Orange St.): Continued due to ongoing discussions with the neighborhood organization.
• 2024 UV2-010 (3707 Woodview Trace): Automatically continued by a registered neighborhood organization to the August 13 hearing, acknowledged by the board.

Expedited Docket

One case was heard under the expedited process:

• 2024 UV2-008 (6135 Furnace Rd.): Variance for landscaping contractor use, storage of nine commercial vehicles, and a shipping container. Staff and the neighborhood recommended approval. The board voted unanimously (5-0) to grant the variance.
• Two other expedited cases were voted on separately:
  • 2024 DV2-022 (1950 Kessler Blvd. W. Dr.): Variance for a second drive-thru sign. Granted unanimously.
  • 2024 DV2-024 (2415 & 2427 N. Rural St.): Variance to subdivide two lots for duplexes with reduced lot width/area and side yards. Granted unanimously.

Regular Docket: 2024-DV2-019 (6176 Carrollton Ave.)

Petitioner: Ted Darnell for J. Lilly LLC sought a variance to reduce the side yard setback from 5 feet to 3 feet for an 8-foot-wide carport. He argued practical difficulty due to limited space and safety, and noted that neighboring structures have similar reduced setbacks. Staff: Recommended denial, stating the hardship was self-imposed (the house was built wider than originally permitted) and that alternatives existed (e.g., street parking). Outcome: The board granted the variance on a 4-1 vote (Tom Barnes dissenting).

Regular Docket: 2024-DV2-021 (5797 Sunset Lane, Town of Crows Nest)

Petitioner: Attorney Misha Rabinowich for owners David and Victoria Temple sought variances for a 50-foot front yard setback (93 feet required) and a 135-foot-wide driveway (30 feet permitted) to accommodate their nearly completed $5 million home. They cited steep topography, unique lot shape, historic landscape features, and a city error in issuing permits. Support came from the neighbor to the south, Michael Freewald, who stated the house enhances property values. Remonstrance: Attorney Murray Clark for Phil and Nicole Grove (north neighbor) argued the house is out of character with the historic, low-density community and severely impacts privacy. The town executive (Mayor Bill Lawson) and the Crows Nest Neighborhood Association also opposed, citing inconsistency with DS zoning and the National Register historic district. An alternative plan that would comply with a deeper setback was presented by RWA architects. Staff: Recommended denial of the setback variance (but suggested a compromise of 83 feet) and approval of the driveway variance. Staff acknowledged the lot’s topography but found the 50-foot setback a significant deviation from the neighborhood pattern. Outcome: The board granted both variances unanimously (5-0), accepting the petitioner’s arguments of practical difficulty and fundamental fairness due to the city’s permit error.

Regular Docket: 2024-UV2-009 (8245 Cambi Rd.)

Petitioner: Alan Atwell for Gonzalo Ariola sought variances to operate a commercial construction contractor from a home (not permitted in D3 zoning) and to build a 1600 sq. ft. pole barn (larger than the primary dwelling). They argued the barn would store equipment and materials, reducing visual impact, and that similar structures exist nearby. Remonstrance: Pat Andrews of the Decatur Township Civic Council, along with neighbor Tim McWarter, opposed. They cited code enforcement violations, drainage concerns from nearby Newton Creek, and incompatibility with the residential neighborhood. The 2018 Trotter’s Landing commitments prohibit mini barns larger than 10x12 ft. Staff: Recommended denial, finding the use self-imposed and too intensive for the D3 district, and that a smaller ordinance-compliant barn could be built. No practical difficulty linked to the property itself. Outcome: The board denied the variance on a 4-1 vote (James Duke voted in favor, all others against).

Key Outcomes

• Approvals:
  • All continuances granted as requested.
  • Expidited cases: 2024 UV2-008, 2024 DV2-022, and 2024 DV2-024 – all granted unanimously.
  • Regular case 2024-DV2-019 (carport) – granted (4-1).
  • Regular case 2024-DV2-021 (Sunset Lane) – both variances granted (5-0).
• Denial:
  • Regular case 2024-UV2-009 (Cambi Road) – denied (4-1).
• Adopted Findings: The board adopted negative findings of fact for petition 2024-SE2-002B and revised findings for petition 2023-UV2-012.
• Next Steps: Petitioners for granted variances must comply with imposed conditions and submit an affidavit of compliance within 30 days; improvement location permits may be required.