Metropolitan Board of Zoning Appeals Division II Meeting – August 13, 2024
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Metropolitan Board of Zoning Appeals Division II Meeting – August 13, 2024
The Metropolitan Board of Zoning Appeals Division II met on August 13, 2024, at 1:00 PM in the Public Assembly Room of the City-County Building, Indianapolis. The board, with three members present (Chair Craig Von Dalen, Tom Barnes, and James Duke), considered multiple zoning variance requests, including continuances, withdrawals, expedited petitions, a continued petition, and a new petition. A quorum of three votes was required for any action.
Special Requests
- Withdrawal (2024-DV2-020, 821 Orange Street): The petitioner withdrew the request after revising plans eliminated the need for variances.
- Withdrawal (2024-UV2-010, 3707 Woodview Terrace): The petitioner formally withdrew the petition for a pet hotel and daycare use variance, thanking staff for their support.
- Continuances (2024-DV2-025, 1670 Columbia Avenue; 2024-UV2-011, 1237 Evison Street): Petitioners requested continuances to September 10, 2024, to modify variance requests, requiring new notice. The board granted both continuances unanimously.
- Continuances (2024-DV2-015, 2366 Winthrop Avenue; 2024-DV2-016, 921 East 24th Street): Petitioners requested continuances to September 10, 2024, while plans are reviewed for possible variance elimination. Granted without additional notice.
- Automatic Continuances: The board acknowledged automatic continuances filed by registered neighborhood organizations for the following petitions, all continued to September 10, 2024:
- 2024-UV2-022A (6701 Zionsville Road)
- 2024-UV2-022B (7001 Zionsville Road)
- 2024-UV2-022C (2811 Barnard Street)
- 2024-DV2-026 (3360 West 86th Street, Chick-fil-A drive-through)
- 2024-UV2-013 (5455 West 56th Street, school sign)
Consent Calendar
- Adoption of Meeting Minutes: The board unanimously approved the minutes from the previous meeting as written.
- Expedited Petitions:
- 2024-DV2-028 (561 Jefferson Avenue): Variance to allow a detached garage addition with a rear yard setback of 4 feet 10 inches (20 feet required). Granted unanimously (3-0).
- 2024-UV2-012 (420 West Michigan Street): Variance to allow lease of an apartment unit to a general contractor, resulting in four multifamily dwelling units (five required). Granted unanimously (3-0).
Public Comments & Testimony
- 2024-DV2-027 (450 Braeside Drive North): Patty Shaw (8895 Spring Mill Road), a neighbor living behind the proposed garage site, opposed the petition. She expressed concerns about a 24-foot-tall, 47-foot by 47-foot garage constituting a "wall" across from her property, devaluing property and disrupting the neighborhood feel. She also worried about setting a precedent for similar structures.
Discussion Items
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2024-DV2-023 (1313 West 86th Street) – Continued Petition: Petitioner Joseph Calderon, representing Centier Bank (tenant of FIF LLC), requested a variance to allow a pylon sign as the third freestanding sign along 86th Street, located within 130 feet of another sign (300-foot separation required). The sign would replace a Chase Bank sign at the same location. The petitioner argued the sign would help direct traffic to the new bank branch, the shopping center sign is not available for them, and the North Side Community Council (NOAA) voted unanimously not to oppose. Staff recommended denial, citing the sign separation regulations intended to reduce distractions and promote orderly development. Staff noted alternative wall signs are available. During rebuttal, the petitioner committed to reducing the sign size from the proposed 10 feet tall by 8 feet wide to 8 feet tall by 6 feet wide. The board discussed safety concerns, with Chair Von Dalen questioning whether a freestanding sign is safer than requiring drivers to look for building signage on a busy street. Staff acknowledged the policy intent behind the separation requirement. Vote: Two in favor (Von Dalen, Duke), one opposed (Barnes). Because three votes are required for action, the petition was continued to the next hearing due to an indecisive vote.
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2024-DV2-027 (450 Braeside Drive North) – New Petition: Petitioner Ryan Cromer requested a variance to allow construction of a 24-foot-tall detached garage (primary building height: approximately 19 feet 6 inches). The garage would be 47 feet by 47 feet (2,029 square feet) with two car lifts for the homeowner's car collection. The petitioner stated the NORA community council is unopposed, and neighbors initially supported the plan. Staff recommended denial because the accessory structure would exceed the primary structure's height, contrary to ordinance. A neighboring remonstrator opposed the scale and impact on neighborhood character. The board asked questions about size and use. Vote: All three members voted no, denying the variance.
Key Outcomes
- Granted: 2024-DV2-028 (expedited) – 3-0; 2024-UV2-012 (expedited) – 3-0.
- Denied: 2024-DV2-027 (new petition) – 0-3.
- Continued to September 10, 2024: 2024-DV2-023 (indecisive vote, 2-1), plus multiple continuances and automatic continuances as noted above.
- Withdrawn: 2024-DV2-020, 2024-UV2-010.
- **Minutes approved by consent.
Meeting Transcript
Okay. Mr. Calderon, I owe you apology. We are only going to have three members today. Mr. Coldron, we only have three members today, sorry. All right, I'm going to call to order. We good? This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III, or Division II. I'm Craig Von Dalen, Chairperson to Division Two. The other board members to my left are Mr. Barnes and to my right James Duke. Sorry, your whole name is not on here. So legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Eddie O'Neill, Principal Planner 2. Robert Ewan Hake, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Senior Planner, and Marty Weistie, Specialist and Secretary of the Board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. The expedited cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand. Those who intend to testify will please remain standing and be sworn. Petitioners should be on your left and remonstrators on your right as you face the board. Those who testify will state their names and addresses for the record before beginning to testify. Petitioners and persons appearing in support of the case being heard shall have a maximum of 15 minutes for the presentation of evidence statements and arguments in support of the petition. Remonstrators and persons appearing in opposition to the petition shall have a maximum of 15 minutes for the presentation of evidence statements and arguments in opposition of the to the petition. Staff will then present the administrators' comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal and petitioners' rebuttal evidence and a brief closing statement. No further evidence, statements, or arguments will be heard unless it is at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice sign on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to 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 parking area, and the dedication of rights of weight are examples. These conditions and commitments are an integral part of the board's decision and must be met for our granted variants to be valid. Compliance with conditions imposed by the board must be approved by it approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. A person may file a written request to receive notice of the filing of a petition for judicial review of the decision of the board. The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address and a reference to the board's petition number. Forms are available and may obtain be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. There are only three members present today. It requires three votes to take action on any request. None being seen. And a second. Barnes second. Thank you.
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