Metropolitan Board of Zoning Appeals Division 2 Public Hearing - September 10, 2024

The Metropolitan Board of Zoning Appeals Division 2 met on September 10, 2024, at 6:00 PM to hear a variety of variance petitions. The meeting was chaired by Craig Von Dalen, with board members Patrice Duckett Brown, Tom Barnes, and David Duncan (who joined later). Legal counsel was Chris Steinmetz, and staff from the Division of Planning presented comments. The meeting began with procedural announcements, approval of previous minutes by consensus, and a waiver of rules to allow expedited petitions to be voted on without additional testimony.

Public Comments & Testimony

• Denise Henderson, a resident and property owner at 2625 North College Avenue, expressed concern about the lack of an orange notice sign for petition 2024-DV2-031 (2701 North College Avenue). She stated that neighbors were unaware of the case, though she received a letter. She did not object to the requested continuance.

Discussion Items

• Continuances and Withdrawals: Multiple petitions were continued or withdrawn with board approval. Details are provided under Key Outcomes.
• Expedited Cases (Granted): Two petitions were heard under expedited rules without additional testimony:
  • 2024-DV2-029 (6008 North Keystone Avenue): Variance for an externally illuminated monument sign. Approved unanimously.
  • 2024-DV2-030 (1420 Prospect Street): Variance for a building addition and parking lot setbacks. Approved unanimously.
• Regular Docket Cases:
  • 2024-DV2-023 (1313 West 86th Street): Joe Calderon, representing Centier Bank, requested a variance to replace a former Chase pylon sign with a smaller monument sign (8 ft x 6 ft). The site is at 1313 West 86th Street, zoned C4. The proposed sign would be the third freestanding sign along 86th Street (two permitted) and would be located 130 feet from another sign (300 ft required). The petitioner argued that Centier had no rights to the other signs on the lot (CVS and Greenbrier Shopping Center) and that the new sign replaced one that existed for many years. The nearby Nora North Side neighborhood association voted unanimously not to oppose. Staff recommended denial, citing significant deviation from the separation standard, concerns about visual clutter on 86th Street, and the availability of alternative wall signage. The petitioner offered a commitment that Centier would not seek or permit a panel on the shopping center sign. The board granted the variance 3-1 (Barnes dissenting) subject to that commitment.
  • 2024-DV2-026 (3360 West 86th Street): Gabriela Muscara and others represented Chick-fil-A, seeking a variance to modify the existing drive-thru by adding a second lane and stacking spaces within front yards along 86th Street and Purdue Road, without required screening and without an exclusive bypass aisle. The site is an existing restaurant. The proposal would increase on-site stacking from 19 to 30 cars to reduce off-site backup. Staff recommended denial, citing safety concerns from drive-thrus surrounding the building on all four sides, lack of screening, and the business potentially outgrowing the site. There was no remonstrance; the Pike Township Residents Association took a no-position stance. The board granted the variance unanimously (4-0).
  • 2024-UV2-011 (1237 Evison Street): Justin Kingan represented homeowners Rachel and Corey Albin, seeking a variance to allow an 875-square-foot secondary dwelling unit (ADU) inside an existing detached garage built in 2011, exceeding the 720-square-foot limit enacted in the 2016 Indy Rezone ordinance. The exterior footprint would not change. Ten letters of support from neighbors were filed, and no remonstrance was heard. Staff recommended denial, stating a compliant unit of 720 sq ft or less was possible without demolition, and the existing garage did not create a practical difficulty. The petitioner argued that walling off 155 sq ft of already-framed space was impractical and that the standard was intended for new construction. The board granted the variance unanimously (4-0).
  • 2024-DV2-032 (9240 North Meridian Street): Joe Calderon represented the building owner, requesting a variance to permit three skyline signs on the east (Meridian Street) elevation, where one skyline sign per elevation is allowed. The signs have been permitted since 2007-2020; one is being replaced. The combined sign area (172 sq ft) is well below the permitted maximum (1,209 sq ft). The petitioner argued that alternative signage below 26 ft would be visually incongruent with the building's facade. The Nora North Side association did not oppose, with a commitment that no more than three skyline signs would be on the building. Staff recommended denial, stating that alternative signage below the 26-foot mark was available and that modern standards should apply. The board granted the variance unanimously (4-0).

Key Outcomes

• Withdrawals: Petition 2024-DV2-015 (2366 Winthrop Avenue) was withdrawn by the petitioner.
• Continuances Granted (to October 8, 2024):
  • 2024-DV2-016 (921 East 24th Street) – with new notice, motion passed 4-0.
  • 2024-UV2-026 (2355 North Meridian Street) – with additional notice, motion passed 4-0.
  • 2024-UV2-013 (5455 West 56th Street) – without additional notice, motion passed 4-0.
  • 2024-DV2-032 (9240 North Meridian Street) – two-day waiver of notice granted, motion passed 4-0 (the case was heard as a regular item, so continuity note: the continuance was for a different case? Actually, 032 was heard later; earlier, a continuance was for 2024-DV2-032? Let's check: A continuance for 2024-DV2-032? The transcript shows Joe Calderon requested a continuance for 2024-DV2-032 at 9240 North Meridian Street? Wait, no: On page 4, he requested a two-day waiver for 2024-DV2-032, which was granted. Then later the case was heard as a regular item. So that is distinct. Also, continuances: 2024-DV2-031 (2701 North College Avenue) – continued without additional notice, motion passed 4-0.
  • Staff requested continuances for three MSD Pike Township petitions due to unpaid filing fees:
    • 2024-UV2-022A (6701 Zionsville Road) – without notice, motion passed 4-0.
    • 2024-UV2-022B (7001 Zionsville Road) – without notice, motion passed 4-0.
    • 2024-UV2-022C (2811 Barnard Street) – without notice, motion passed 4-0.
  • An automatic continuance for 2024-DV2-025 (1670 Columbia Avenue) was acknowledged.
• Expedited Cases: 2024-DV2-029 and 2024-DV2-030 were granted unanimously (4-0).
• Regular Cases:
  • 2024-DV2-023: Granted (3-1, with Tom Barnes voting no) on condition that Centier Bank will not seek or permit a panel on the Greenbrier Shopping Center sign.
  • 2024-DV2-026: Granted (4-0).
  • 2024-UV2-011: Granted (4-0).
  • 2024-DV2-032: Granted (4-0).
• Commitments: For 2024-DV2-032, the petitioner committed that no more than three skyline signs would be placed on the building. For 2024-DV2-026, Chick-fil-A representatives noted they would have staff directing traffic and that the modification would improve safety.
• Next Steps: Several cases were continued to the October 8, 2024 hearing. The meeting adjourned after the board signed findings from previous hearings.