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Record of Proceedings

Indianapolis Board of Zoning Appeals Division II Meeting - June 10, 2025

Board of Zoning Appeals II — Tuesday, June 10, 2025
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals II
DateTuesday, June 10, 2025
StatusFILED
Video Record
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Transcript — Verbatim
1:08

This is a call to order.

1:09

Good afternoon.

1:10

Before we can begin today's meeting, we need to appoint a chairperson and a secretary of Division II of the Board of Zoning Appeals.

1:15

By the way, this is the Board of Zoning Appeals Division II.

1:18

Is there any member who wishes to serve as chair?

1:22

I will volunteer.

1:25

Do we have a motion to nominate Craig Von Dalen as chairperson of Division II of the Board of Zoning Appeals?

1:31

Brandon, so move.

1:32

And a second.

1:35

We got all kinds of seconds.

1:36

All right.

1:36

Then I will call the roll.

1:38

Um Brandon.

1:40

Brandon, yes.

1:42

I'm sorry.

1:42

Um Duke.

1:44

Duke, yes.

1:45

Uh Ducky Brown.

1:47

Doug Brown, yes.

1:49

Barnes, yes.

1:50

Okay, thank you.

1:50

And you're yes.

1:51

All right.

1:51

Sorry about that.

1:52

I don't have that in front of me, and my mind went blank.

1:55

All right, thank you.

1:56

I appreciate your nomination in election.

1:58

I will continue to serve.

2:00

Is there any member who wishes to serve as vice chairman?

2:03

Uh serve as vice chair.

2:05

James Duke.

2:06

Do I hear a motion?

2:07

Brandon, so moved.

2:08

And a second.

2:10

Dougie Brown second.

2:11

Thank you.

2:12

Um then I'll call the roll, Duckett Brown.

2:14

Dougie Brown, yes.

2:15

Um Brandon.

2:16

Brandon, yes.

2:17

Barnes.

2:18

Barnes is yes.

2:19

And Duke.

2:21

Duke is a yes.

2:22

And I'm also yes.

2:23

So you are vice chairman.

2:25

Is there a member that wishes to serve as secretary?

2:29

Um I can serve as secretary.

2:31

Uh, do I hear a nomination?

2:32

Duke so moved.

2:34

And a second.

2:35

Brandon second.

2:36

I'll call the roll.

2:37

Duckett Brown.

2:41

Yes.

2:41

Yes, you can.

2:42

Yes.

2:42

Duncan Brown.

2:44

Duke, yes.

2:44

I'm a yes.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████47%
Procedural██████████████████████23%
Transportation██████████████████19%
Public Transit██████████10%
Economic Development█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division II Meeting - June 10, 2025

The Metropolitan Board of Zoning Appeals Division II convened on June 10, 2025, at 6:00 PM. The meeting began with the election of officers: Craig Von Dalen was elected Chairperson, James Duke as Vice Chairperson, and a board member (likely Beth Brandon) as Secretary. The board then addressed procedural matters, including withdrawals, continuances, and waivers of notice, followed by a block of expedited petitions. The main hearing involved a use variance for an HVAC contractor at 2454 North Illinois Street, which was approved by a 3-2 vote.

Consent Calendar

  • Election of Officers: Craig Von Dalen (Chair), James Duke (Vice Chair), and a board member (Secretary) were elected unanimously (5-0).
  • Waiver of Rules: The board approved a waiver of rules to allow expedited petitions to be voted on without individual testimony (5-0).
  • Withdrawals: Petitions 2025 DV1017 (1421 East Michigan St), 2025 DB2017 (341 West 25th St), 2025 UV2008, 2025 DV2014 (412 Pine Dr), and 2025 DV2009 (4925 Decatur Blvd) were acknowledged as withdrawn.
  • Continuances:
    • Petition 2025-M02-001 (5510 Millersville Rd) continued to July 8, 2025, with notice (5-0).
    • Petition 2025 UV2006 (5060 East 62nd St) continued to July 8, 2025, via automatic continuance (acknowledged).
    • Petition 2025 DV2-020 (727 Fairfield Ave) continued to July 8, 2025, with additional notice (5-0).
    • Petition 2025 DV1-027 (8104 Englewood Rd) granted a four-day waiver of notice (5-0).
    • Petition 2025 DB2-016 (1507, 1501, 1533 West New York St) – a six-day waiver of notice was denied due to objection from remonstrator Paul Reagan; the petition was continued to July 8, 2025, without notice (5-0).
    • Petition 2025 DB2013 (3524 North Meridian St) withdrawn after the applicant found a way to comply with the ordinance.
    • Petition 2025 DV2018 (5469 North Capitol Ave) continued to July 8, 2025, without notice (5-0).
    • Petition 2025 DV2019 (3870 Broadway St) continued to July 8, 2025, with additional notice (5-0).
  • Expedited Petitions (all approved 5-0):
    • 2025 DV1027 (8104 Englewood Rd): Variance for building addition, 11-foot north side yard setback (15 ft required).
    • 2025 DB2012 (3421 North Keystone Ave): Variance for parking and fence standards for Indianapolis Public Schools.
    • 2025 DV2015: Variance for fence height in the northern yard.
    • 2025 UV2007 (6248 Allisonville Rd): Variance of use to allow a fitness center in a C3 district.

Public Comments & Testimony

  • Support for Petition 2025 UV2001 (HVAC contractor):
    • Justin Kingan (petitioner's representative) described the property's commercial history (ice cream parlor, gas station, hair salon) and argued that the HVAC business operates as an office with minimal vehicular traffic, with employees driving directly to job sites. He noted commitments to move the fence and add landscaping, and highlighted pro bono work for the MLK Center.
    • Shamika Anderson (President, Near North Development Corporation) expressed support, citing a letter from the Meridian Highland Neighborhood Association, which approved the business as positive economic development.
  • Opposition to Petition 2025 UV2001:
    • Ryan Hunt (Manager of Service Planning, Indigo) opposed the variance, stating that the contractor use is inappropriate for the Transit-Oriented Development (TOD) overlay, which encourages walkability, density, and mixed-use. He argued that the site is surrounded by residential uses and that a lower-intensity use (C1) would be acceptable, but not a commercial contractor.
    • Staff (Eddie O'Neill) recommended denial, citing the contractor use's heavy commercial nature, violations (outdoor storage, commercial vehicles), and inconsistency with the regional center and TOD overlays. Staff noted that the property could be rezoned to C1 for lower-intensity commercial uses.

Discussion Items

  • Case 2025 UV2001 (2454 North Illinois Street): Petitioner Sharif Nessum sought a variance to operate an HVAC contractor business (and C1 uses) on a D8-zoned site within the TOD overlay. The petitioner argued the use is office-like and less intense than prior uses (gas station, hair salon). The remonstrator (Indigo) and staff countered that the contractor definition applies, that the site is surrounded by residential and park land, and that the operation would undermine transit investments. The board discussed zoning alternatives and the site's history.

Key Outcomes

  • Vote on Petition 2025 UV2001: Approved 3-2 (Yea: Patrice Duckett Brown, James Duke, Beth Brandon; Nay: Tom Barnes, Craig Von Dalen). The petition was granted with the understanding that previous commitments would be removed and additional conditions (fence relocation, landscaping) would be required.
  • Directive: Chair Von Dalen requested that future meeting packets include a map or aerial photograph showing zoning of surrounding properties (two to three properties out). Staff agreed to provide this.
  • Adjournment: The meeting was adjourned after findings of fact were read for approved petitions.

Meeting Transcript

This is a call to order. Good afternoon. Before we can begin today's meeting, we need to appoint a chairperson and a secretary of Division II of the Board of Zoning Appeals. By the way, this is the Board of Zoning Appeals Division II. Is there any member who wishes to serve as chair? I will volunteer. Do we have a motion to nominate Craig Von Dalen as chairperson of Division II of the Board of Zoning Appeals? Brandon, so move. And a second. We got all kinds of seconds. All right. Then I will call the roll. Um Brandon. Brandon, yes. I'm sorry. Um Duke. Duke, yes. Uh Ducky Brown. Doug Brown, yes. Barnes, yes. Okay, thank you. And you're yes. All right. Sorry about that. I don't have that in front of me, and my mind went blank. All right, thank you. I appreciate your nomination in election. I will continue to serve. Is there any member who wishes to serve as vice chairman? Uh serve as vice chair. James Duke. Do I hear a motion? Brandon, so moved. And a second. Dougie Brown second. Thank you. Um then I'll call the roll, Duckett Brown. Dougie Brown, yes. Um Brandon. Brandon, yes. Barnes. Barnes is yes. And Duke. Duke is a yes. And I'm also yes. So you are vice chairman. Is there a member that wishes to serve as secretary? Um I can serve as secretary. Uh, do I hear a nomination? Duke so moved.

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