Indianapolis Metropolitan Board of Zoning Appeals Division II Public Hearing - April 8, 2025
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Indianapolis Metropolitan Board of Zoning Appeals Division II Public Hearing - April 8, 2025
The Metropolitan Board of Zoning Appeals Division II, chaired by Craig Von Dalen, held a public hearing on April 8, 2025, with members Tom Barnes, James Duke, and Beth Brandon present. The board considered continuances, expedited petitions, and a contested variance for recreational vehicle parking in a residential zone.
Consent Calendar
- Minutes Approval: The board unanimously approved the minutes from the March 11, 2025 hearing (motion by Duke, second by Barnes).
- Waiver of Rules: A motion to waive rules of procedure for expedited petitions passed unanimously (motion by Duke, second by Brandon).
- Expedited Petitions Granted:
- 2025-DV2-008 (8542 Springview Dr): Variance to construct an attached garage with a 2-foot side yard setback (8 feet required) – granted unanimously.
- 2025-UV2-005 (9210 N Meridian St): Variance of use to operate a veterinary hospital in an existing building – granted unanimously.
Public Comments & Testimony
- Continuance Request – 2025 DV2-007 (5734 N New Jersey St):
- Sarah Stelsner (neighbor, 5745 Washington Blvd) requested a continuance to discuss the project with the petitioner, citing lack of time due to spring breaks and scheduling conflicts. She stated they only met on Friday and needed a neighborhood meeting with the contractor.
- Todd Williams (contractor for petitioner) objected, citing cost increases (lumber prices rose by $1,628.63 in 30 days) and scheduling delays. He represented Corinthian Fine Homes.
- Jason Cleveland (homeowner petitioner) also objected, presenting a timeline of communications dating back to April 2024. He stated they had given ample notice and that Ms. Stelsner had canceled meetings. Ms. Stelsner rebutted, saying she had to arrange the meeting and that she was not dragging her feet.
- Continuance Request – 2025 UV2-001 (2454 N Illinois St):
- Justin King (petitioner) requested a one-month continuance to attend a Near North Development Corporation meeting on April 10, 2025, to gain neighborhood support. No known remonstrance was noted.
- Full Hearing – 2025-UV2-004 (3321 S Tibbs Ave):
- Petitioner Mark Jefferson (on behalf of PDJS Lake LLC) testified in support, describing 60 years of family use of the lot for RV parking, with no overnight stays except a few weekends per year. He noted the lot abuts a gravel pit and landfill, and adjacent owners signed no-objection forms. He offered to add landscaping.
- Dennis Rosebro (adjacent property owner, 3325 S Tibbs) supported the petition, citing the unique location and no negative impact.
- Remonstrator Pat Andrews (Chair, Decatur Township Civic Council Land Use Committee) opposed, presenting a council vote: 12 oppose, 10 support, 1 not oppose, 1 abstain. She argued the lot (0.66 acres) is suitable for a house, the comprehensive plan calls for residential use, and approving the variance would set a precedent for five other vacant lots.
- Remonstrator George Gann (neighbor, 3509 Winings Ave) opposed, stating the RV use constitutes a camping spot with electric hookups, contrary to residential zoning, and that RVs can be stored elsewhere legally.
- Staff Comments: Planner Jeff York recommended denial for 2025-UV2-004, citing no practical difficulty, ample space for a house, potential hazards, and incompatibility with infill housing guidelines. For the continuance requests, staff had no objection but noted the 2025 DV2-007 case had been on the expedited docket with no remonstrators previously.
Discussion Items
- Continuance and Transfer – 2025 DV2-007: After debate, an initial motion to continue to the next regular hearing failed for lack of a second. A subsequent motion to transfer the case to Division 1’s May 6, 2025 hearing passed 3-1 (Von Dalen dissenting). The board also approved a two-day waiver of notice due to staff error.
- Continuance – 2025 UV2-001: The board voted unanimously to continue to May 13, 2025 without additional notice (staff noted this was the third continuance request).
- Withdrawal – 2025 DV2-004 (2328 N Harding St): Acknowledged without objection.
- Waiver – 2025 DV2-008 (8542 Springview Dr): Three-day waiver of notice granted unanimously due to staff lateness.
- Full Hearing Deliberation – 2025-UV2-004: Board members questioned petitioner about family ownership of eight to nine lots on the street and control of Strachis Lake. Chairman Von Dalen highlighted findings of fact: no unique hardship on the property itself, precedent for other vacant lots, and self-inflicted hardship. Staff confirmed that a primary structure would allow RV parking as an accessory use on a durable surface.
Key Outcomes
- Continuance Granted (2025 DV2-007): Case transferred to Division 1’s May 6, 2025 hearing (vote 3-1).
- Continuance Granted (2025 UV2-001): Continued to May 13, 2025 hearing without additional notice (unanimous).
- Withdrawal Acknowledged (2025 DV2-004).
- Waiver Granted (2025 DV2-008).
- Expedited Petitions Granted: Two variances approved unanimously.
- Variance Denied (2025-UV2-004): The board voted 4-0 to deny the petition to park an RV as a primary use at 3321 South Tibbs Avenue, citing lack of practical difficulty and potential precedent.
Meeting Transcript
Is there uh any uh no? All right. We're all good. I don't have a gavel. Do you have a gavel, Marty? I will use my fist if need be. Somebody keeps stealing the gavel. All right. This is a call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division II. I'm Craig Von Dalen, Chairperson of Division II. The other board members present are Tom Barnes, James Duke, and Beth Brandon. Legal Counselor of the Board today, and as always, Chris Steinmetz. Staff members present today from the Division of Planning are Jeff York, Principal Planner 2. Robert Ewan Hay, Senior Planner, Michael Wiegel, Senior Planner. Noah Stern, Senior Planner. Kie Mullens, Associate Planner, Marty Weistie, Specialist and Secretary to the Board. Board has copies of the zoning ordinance which 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 exit 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 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. 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 to the petition. Staff will then present the administrator's comments regarding the petition. 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. 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 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. Forums are available and the 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. We have four members present today. It requires a total of three votes to take on any action on any requests. Take this into consideration, and if you need to ask for a continuance due to lack of our full board, you may do so at the beginning of the hearing. If your petition receives an indecisive vote today, your petition will automatically be continued to the May 13th, 2025 hearing. If there's anyone is there anyone in the audience who has any questions about our procedure. None being seen. Board members, you have been provided a meeting minutes for our March 11th, 2025 hearing. If there are no deletions or additions, I will take a motion for their approval. Do I hear a motion? Do so moved. Thank you in a second. Barnes second. Thank you.
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