Indianapolis Board of Zoning Appeals Hearing - January 14, 2025
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Indianapolis Board of Zoning Appeals Hearing - January 14, 2025
The Indianapolis Board of Zoning Appeals met on January 14, 2025, at 6:00 PM to consider variance petitions, continuances, and routine approvals. The board granted all requests, including two variances and two procedural waivers, and continued one case to February 11, 2025.
Consent Calendar
- Approval of Minutes: The board unanimously approved the minutes from the December 10, 2024 hearing (motion by Brandon, second by Ducky Brown).
- Waiver of Rules for Expedited Petitions: The board voted unanimously to allow voting on all expedited petitions without additional testimony (motion by Brandon, second by Barnes).
Discussion Items
- Request for 10-Day Waiver (Case 2024-DV2-046, 5340 North New Jersey Street): Petitioner Joshua Sangle requested a 10-day waiver of notice and signage. Staff had no objection. The board approved unanimously (motion by Barnes, second by Brandon).
- Request for 10-Day Waiver (Case 2024-DV1-048, 5541 North Kenwood Avenue): This case was continued from Division 1 due to insufficient notice. Staff requested a 10-day waiver of notice and signage; staff had no objection. The board approved unanimously (motion by Brandon, second by Barnes).
- Continuance Request (Case 2024-DV2-047, 5088 Bonnie Bray Street): Staff requested a one-month continuance to February 11, 2025, due to deficient newspaper notice. The board granted the continuance without additional notice (motion by Brandon, second by Barnes). The date was later amended to February 11, 2025, after a calendar check.
Expedited Docket – Variance Cases
- Case 2024-DV1-048 (5541 North Kenwood Avenue): Variance to construct an attached garage with a 15-foot rear yard setback (20 feet required). Staff had no opposition, and no testimony was taken. The board voted unanimously to grant the variance (Patrice Dockett Brown, Craig Von Dalen, Tom Barnes, Beth Brandon all voted yes).
- Case 2024-DV2-046 (5340 North New Jersey Street): Variance to construct a detached garage with a 2-foot rear yard setback (5 feet required) and a 2-foot north side yard setback (4 feet required). The existing garage, over 100 years old, would be replaced on the same footprint. Petitioner Joshua Sangle argued that the new garage would be on the same footprint, that neighboring garages have similar setbacks, that moving the garage would reduce backyard space and make alley access more difficult, and that the neighbor to the north (adjacent property) provided a letter of support. Staff recommended denial, stating that removing the foundation eliminates legal nonconforming status and that the garage could be built within modern setbacks by moving it or reducing its size (32x24 feet). Board members questioned the feasibility of making the garage smaller. After a five-minute rebuttal by the petitioner, the board voted 4-0 to grant the variance (Patrice Dockett Brown, Craig Von Dalen, Beth Brandon, Tom Barnes all voted yes).
Key Outcomes
- Minutes Approved: Unanimously.
- Waiver of Rules for Expedited Petitions: Unanimously approved.
- 10-Day Waiver (5340 N New Jersey St): Granted unanimously.
- 10-Day Waiver (5541 N Kenwood Ave): Granted unanimously.
- Continuance (5088 Bonnie Bray St): Continued to February 11, 2025, without additional notice.
- Variance Granted (5541 N Kenwood Ave): Unanimously granted.
- Variance Granted (5340 N New Jersey St): Unanimously granted despite staff recommendation of denial.
- Meeting Adjourned: No further business.
Meeting Transcript
I think you can get a little bit of a lot of people. I would start, but we're waiting for our lawyer. Yeah. I can't get this. This is our stand-in gavel. You probably don't have findings out. That's just why I say we'll just call it telling the way it was anything else. Brandon and Tom Barnes. Legal counselor for the board today is Chris Steinmetz. He'll be joining us shortly. Staff members present today from the division of planning are Eddie One of Principal Planner Two. Noah Stern, senior planner. Um and Mari Weistie, 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 for 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 and withdrawals. Petitioners should be 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 a case being heard shall have a maximum of 15 minutes for the presentation of evidence. Statements and arguments in support of the petition. Statements and arguments in opposition to the petition. Staff will then present the administrator's comments regarding the petition. The petitioner would then be allowed five minutes for rebuttal of a and a summation of the case. Rebuttal must be limited to the subject matter, 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. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed on 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 continue 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, the dedication of rights of way are examples. These conditions and commitments are an integral part of the board's decision and must be made for met for a granted res variance to be valid. Compliance with conditions imposed by the board must be 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. 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 judicial review of a decision of the board. The written requests 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. Forums 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 the 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 four members present today. It requires three votes to take action on any request. We will take this into consideration when hearing requests for continuances right as you fit. I'm sorry. Request for continuances. If your petition receives an indecisive voice, your petition will be automatically continued to the February 11th, 2025 hearing. Is there anyone in the audience who has any questions about our procedures? Okay. If not, board members, you have been provided meeting minutes for December 10th, 2024 hearing. If there are no deletions or additions, I will take a motion for their approval.
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