Board of Zoning Appeals Division II Meeting - October 8, 2024
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Board of Zoning Appeals Division II Meeting - October 8, 2024
The Metropolitan Board of Zoning Appeals Division II met on October 8, 2024, at 1:00 PM in the Public Assembly Room of the City-County Building, Indianapolis. Chair Craig Vondalen presided with members Beth Brandon, Tom Barnes, James Duke, and David Duncan. The board considered approval of prior meeting minutes, expedited petitions, and several variance requests, including continuations and a regular hearing.
Consent Calendar
- Approval of Minutes: The board approved meeting minutes from May 21, June 11, and September 10, 2024, by unanimous vote (Brandon moved, Duke second; all voted yes).
- Expedited Petitions Waiver: A motion to waive rules allowing a single vote on expedited petitions without additional testimony was approved unanimously.
Discussion and Actions
Special Requests and Continuances
- 2024-UV2-022A, B, C (6701, 7001 Zionsville Rd, 2811 Barnard St): Three sign variance petitions for MSD Pike Township were continued to the November 12, 2024 hearing without additional notice, at the request of petitioner Joseph D. Calderon. The superintendent requested more community outreach. Staff had no objection. Unanimously approved.
- 2024-UV2-013 (5455 W 56th St): A sign variance for MSD Pike Township was continued to November 12, 2024, without additional notice. Staff had no objection. Unanimously approved.
- 2024-UV2-026 (2355 N Meridian St): A use variance for an automobile service/repair facility was continued to the November 12, 2024 hearing with additional notice. Staff acknowledged an earlier error in classifying the proposed use; the correct classification now requires a use variance. Public comments from Kelly DeVall (representing Herron-Morton Place, HUNY, and a coalition including Council President Op Osley and Indiana Landmarks) and Bricky Thomas (Indigo) supported the continuance due to the material change. Unanimously approved.
Expedited Petitions (Voted as a Group)
- 2024-DV2-016 (921 E 24th St): Variance for a 34-foot-tall, three-story single-family dwelling with a 14-foot rear yard setback (15 feet required). Approved unanimously.
- 2024-DV2-033 (751 E McCarty St): Variance for a single-family dwelling with a five-foot front yard setback (10 feet required) and a four-foot knee wall without exclusive alley access. Approved unanimously.
Regular Petitions
- 2024-DV2-025 (1670 Columbia Ave): Variance for vertical addition and conversion of a single-family dwelling to a three-unit apartment, requiring a three-foot corner side yard setback (10 feet required) and a four-foot south side yard setback (5 feet required). Petitioner Justin Kingen (representing owner Karissa Grove) noted the structure predates zoning and setbacks are legally nonconforming; the proposal keeps existing setbacks and provides three parking spaces. Remonstrators Vernon Compton (Brightwood Concerned Citizens president) and Pear Gene Carter expressed concerns about structural integrity, height, appearance, and compatibility with the neighborhood. Staff recommended approval, citing conformance with infill guidelines and no overdevelopment. The board granted the variance by a 5-0 vote.
- 2024-DV2-031 (2701 N College Ave): Variance for a surface parking lot with four spaces (11 required) and a zero-foot front yard setback from 27th Street (50 feet required). Petitioner David Gilman (for JBCC Holdings LLC) revised the proposal during the hearing to eliminate the parking lot entirely, relying on seven on-street parking spaces and a bike rack to meet the reduced minimum of eight spaces. Remonstrators Arthur Mandelbaum (attorney for adjacent property owners) and Gary Ruble (neighborhood association president) raised concerns about increased competition for on-street parking and requested a continuance to allow neighborhood discussion that evening. The board continued the petition to the November 12, 2024 hearing with additional notice, at the request of the neighborhood, to allow further negotiation. Unanimously approved.
Public Comments & Testimony
- Public comments were heard during the discussion of continuances and regular petitions, as documented above. No separate public comment period was held outside of specific agenda items.
Key Outcomes
- Minutes and Waiver: Approved.
- Continued petitions: Four petitions (2024-UV2-022A/B/C, 2024-UV2-013, 2024-UV2-026, 2024-DV2-031) were continued to the November 12, 2024 hearing. Notice requirements varied as noted.
- Expedited petitions: Both granted.
- Regular variance (2024-DV2-025): Granted with conditions (compliance with setbacks).
- No other business: Meeting adjourned after the final action.
Meeting Transcript
Which one are you here for? Mine? Yes. You know it's getting pushed. Well, I knew it was at least possible. Staff changed their own. I just texted and he did not respond, but I'm gonna go ahead and start regardless. This call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 2. I am Craig Vondalen, Chairperson of Division Two. The other board members present are Beth Brandon, Tom Barnes, James Duke, and we are expecting Dave Duncan. Legal Council for the Board today is Chris Steinman's. Staff members present today from the division of planning are Eddie O'Neill, Principal Planner 2, and interim current planning administrator. Robert Eulenh, senior planner, Michael Wiegle, senior planner. Noah Stern, senior planner. Kia Mullins, associate planner, Marty Weistee, specialist and secretary to the board. The board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today. Petitioners should be on our on your left and remonstrators on your right as you face the board. Those who testify will state their name and address 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 petition shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in opposition of the petition. Staff will then present the administrator's 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 of the petitioner's 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. 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, the screening, the paving of the paving of 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 granted and must be met for a granted variance to be valid. Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioners within 30 days of completion. Unless otherwise specifies an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the 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 the person's full 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 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. If your petition receives an Oh, sorry, we we should are expecting Mr. Duncan, so we should have a full board. Is there anyone in the audience who has any questions about our procedures? None being seen. Board members, you have been provided meeting minutes for our May 21st, June 11th, and September 10th, 2024 meetings. If there are no deletions or additions, I will take a motion for their approval. Do I hear a motion? Brandon, so moved. And a second. Duke second.
openpublica.com