Board of Zoning Appeals Division II Meeting – November 12, 2024

The Metropolitan Board of Zoning Appeals Division II held a public hearing on Tuesday, November 12, 2024, at 1:00 PM in the Public Assembly Room, City-County Building. The meeting was chaired by Acting Chairperson Patrice Ducket Brown with members Natalia Rodriguez Hilt, Tom Burns, Beth Brandon, and James Duke. The board considered petitions for continuances, expedited items, and full hearings on variances for signage, parking, and development standards. Several petitions were approved, often with conditions, and staff recommendations were overruled in multiple instances.

Consent Calendar

• Adoption of minutes and withdrawal of petition 2024-UV2-026 (2355 North Meridian Street) for an automobile service facility were acknowledged without objection.

Public Comments & Testimony

• Jolena Moore (2452 Sheldon Street) expressed no objection to petition 2024-DV2-041 for 2461 Sheldon Street, requesting that the front porch remain open. She noted a discrepancy in the clear sight triangle measurement but was satisfied with the open‑porch condition.
• Denise Henderson (2625 North College Avenue) asked for confirmation of commitments for petition 2024-DV2-031: no curb cut and first‑come‑first‑served parking.
• David Ojo and Jennifer Ojo (petitioners for 2010 Mansfield Street) testified that they inherited an existing driveway from a previous owner, were unaware of the need for variances, and faced financial hardship if required to relocate the parking area. They presented 14 signed neighbor support forms.
• Dolores (neighbor, address not fully captured) spoke on behalf of elderly residents of the Marion Park Black Club, urging the board to consider the positive contributions of new homeowners and the uniqueness of the neighborhood.
• Jesse Brown, City-County Councilor for District 13, spoke in support of the Ojos, noting the broader alley‑access issue and the Ojos’ good citizenship.

Discussion Items

• 2024-DV2-034 (McDonald’s, 9521 Haver Way): Variance to allow internal illumination of a 25‑foot tall pylon sign (prohibited in C3 zoning). Petitioner argued the unique intersection (Keystone and 96th Street roundabout) created a practical difficulty; all other sign dimensions comply. Staff recommended denial, stating the hardship was self‑imposed by choosing C3 zoning and that external illumination was available. A commitment to prohibit off‑premise signage was offered. The variance was granted 5‑0.
• 2024-DV2-041 (Intend Indiana, 2461 Sheldon Street): Variance for a single‑family dwelling encroaching into the clear sight triangle and a zero‑foot walkway side setback. Neighbor Jolena Moore agreed to approval with the condition that the front porch remain open. Staff noted a practical difficulty due to competing ordinance standards. The board imposed a commitment for an open porch. Variance granted 5‑0.
• 2024-UV2-013 (MSD Pike Township, 5455 West 56th Street): Variance for a digital display pylon sign located 70 feet from a protected district (600 feet required). Petitioner offered seven commitments, including operation off between 10 p.m. and 6 a.m., static display for at least 30 seconds, and no red, yellow, or green messages. Staff recommended denial, citing the ordinance’s intent, proximity to homes, and risk of distracted driving. Councilor Carlos Perkins spoke in support. Variance granted 5‑0.
• 2024-UV2-022A, B, C (MSD Pike Township: 6701 Zionsville Road, 7001 Zionsville Road, 2811 Barnard Street): Three similar petitions for digital display signs at schools, located 85, 288, and 50 feet from protected districts (600 required). The same seven commitments were proffered. Staff argued lack of buffering, risk to motorists, and unenforceability of nighttime curfew. Member Tom Burns recused himself because his daughter teaches at one of the schools. Each variance was granted 4‑0.
• 2024-DV2-040 (David & Jennifer Ojo, 2010 Mansfield Street): Variance to legalize an existing front parking area without alley access and a zero‑foot side setback. The driveway was installed by a previous owner in 2023; petitioners claimed financial hardship if forced to relocate. Staff recommended denial, stating the alley is accessible and the hardship is not from the ordinance but from the prior owner. Variance granted 5‑0 (one vote in opposition).

Key Outcomes

• Continuances granted: Items 1 (2024-DV2-036, 2526‑28 Harding Street), 2 (2024-DV2-037, 3265 Ruckle Street), and 3 (2024-DV2-038, 2959‑53 Ruckle Street) all continued to December 10, 2024, without objection.
• Waivers of notice granted: For petitions 2024-DV2-034 (McDonald’s, 4‑day waiver), 2024-DV2-041 (Sheldon, 6‑day waiver), 2024-DV2-042 (Panda Express, 10‑day waiver), and 2024-DV2-040 (Mansfield, 5‑day waiver) due to late provision of notice materials by staff.
• Expedited petitions approved (no testimony):
  • 2024-DV2-031 (2701 North College Avenue) – variance to allow 8 parking spaces where 11 are required (amended from original parking‑lot proposal). Granted 5‑0.
  • 2024-DV2-035 (2161 Gent Avenue) – variance for a walkway side setback. Granted 5‑0.
  • 2024-DV2-042 (2419 East 62nd Street) – variance for an additional 10‑foot tall drive‑thru sign. Granted 5‑0.
• All full‑hearing variances granted: McDonald’s illumination (034), Sheldon house (041), Pike Township digital signs (013, 022A, 022B, 022C), and Mansfield parking (040). Most were approved over staff’s recommendation of denial.
• Commitments: The McDonald’s petition included a commitment prohibiting off‑premise signage. The Sheldon petition included a condition that the front porch remain open. Pike Township petitions included seven operational commitments (timing, brightness, content restrictions).