OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Board of Zoning Appeals Division II Meeting - August 12, 2025

Board of Zoning Appeals II — Tuesday, August 12, 2025
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals II
DateTuesday, August 12, 2025
StatusFILED
Video Record
0:00 / 1:53:23

Transcript — Verbatim
1:33

May I start.

1:39

Call to order.

1:40

This is a public hearing of the Metropolitan Board of Zoning Appeals Division 2.

1:43

I'm Craig Von Dalen, Chairperson of Division Two.

1:46

The other board members present are Beth Brandon and Tom Barnes.

1:48

Legal Counsel for the Board today is Chris Steinmetz.

1:51

Staff members present today from the Division of Planning are Eddie O'Neill, current planning administrator.

2:00

Michael Weigel, senior planner, Noah Stern, senior planner, and Marty Weistie, senior board specialist and secretary of the board.

2:07

The board has copies of the zoning ordinance, which will be incorporated by reference into the record of each case heard today.

2:12

The proceedings of this hearing are governed by the board's rule of procedure.

2:15

The expedited cases will be heard immediately after all requests for continuances and withdrawals.

2:33

Those who testify will state their name and address for the record before beginning to testify.

2:37

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.

2:45

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.

2:54

Staff will then present the administrator's comments regarding the petition.

2:57

The petitioner will then be allowed five minutes for rebuttal and a summation of the case.

3:01

Rebuttal must be limited to the subject matter of the initial presentations.

3:04

Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement.

3:10

No further evidence, statements, or arguments will be heard unless it is at the discretion of the board.

3:15

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.

3:33

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.

3:43

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

3:49

The installation of landscaping and screening, the paving of a parking area, and the dedication of rights of way are examples.

3:55

These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.

4:01

Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion.

4:09

Unless otherwise specified an improvement location permit must be obtained prior to the establishment of the authorized improvements.

4:36

I'm sorry, we must include the person's full name and correct mailing address, and a reference to the board's petition number.

4:41

Forms are available and may be obtained from the board secretary.

4:44

Please be advised and con that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited.

4:51

Please be courteous and orderly at all times.

4:54

And please be sure all cell phone ringers are turned off.

4:57

There are three members present today.

5:00

It requires three votes to take action on any request.

5:02

We will take this into consideration when hearing requests for continuances.

5:08

If your petition receives an indecisive voice, your vote, your petition will automatically be continued to the September 9th, 2025 hearing.

5:16

Board members, you have been proved provided meeting meeting minutes for the July 8th, 2025 meeting.

5:22

If there are no deletions or additions, I'll take a motion for their approval.

5:25

Do I hear a motion?

5:26

Brandon, so moved.

5:27

And a second.

5:28

Barnes second.

5:29

And I'll call the roll.

5:30

Brandon.

5:30

Brandon, yes.

5:31

Barnes.

5:32

And I'm also in favor.

5:34

Is there anyone in the audience who any qu has any questions about our procedures before we hear special requests?

5:42

I'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of facts without any additional testimony from the individual petitioners.

5:51

Do I hear a motion?

5:52

Brandon, so moved.

5:53

And a second.

5:54

Barnes say.

5:55

I'll call the roll.

5:55

Brandon.

5:56

Brandon, yes.

5:57

Barnes.

5:57

Yes.

5:58

And I'm also yes.

5:59

And we'll now consider special requests and continuances at this time.

6:03

Hello, my name is Marcus Crouch.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████66%
Procedural█████7%
Building Code Enforcement█████7%
Environmental Protection███5%
Flood Management███4%
Public Safety██3%
Neighbor Relations██3%
Sign Regulation██3%
Community Engagement█1%
Summary of Proceedings

Board of Zoning Appeals Division II Meeting - August 12, 2025

The Metropolitan Board of Zoning Appeals Division II met on August 12, 2025, at 1:00 PM in the Public Assembly Room, City-County Building, Indianapolis. Chair Craig Von Deylen presided, with members Beth Brandon and Tom Barnes present. Legal counsel Chris Steinmetz and planning staff assisted. The board handled special requests for continuances and notice waivers, approved three expedited petitions, and ruled on four contested variance petitions. The meeting adjourned after adopting findings of fact.

Public Comments & Testimony

  • Rebecca Garcia (daughter of petitioners, address 6511 W 15th St, Indianapolis) spoke in support of a fence variance at 3870 Broadway Street, citing safety for children after a nearby shooting and presenting letters of support from neighbors.
  • Harriet Greenland (petitioner, 1144 Navajo Trail South Drive) testified in support of an 8-foot rear fence, arguing it provided privacy and security after a neighbor cut down her previous fence.
  • Robert Rice (neighbor, 1145 Timberlane Street) remonstrated against the Navajo Trail fence, stating he had fixed the fence previously and that the new lattice element was unattractive and violated the ordinance.
  • Sharmin Frye and Brandon Spitz (petitioners, 1337 Olive Street) spoke in support of a taller carriage house, noting similar structures in the neighborhood and arguing the height variance was needed for a family dwelling.
  • David Deering and John Puffer (petitioners, 5227 Knollton Road) testified in support of a front-yard pole barn, emphasizing that placement in the rear would require clearing forested land and harm heritage trees.
  • Dorothy Feibelman (neighbor, 5117 Knollton Road) remonstrated against the pole barn, raising concerns about flooding, environmental impact, lack of an environmental impact statement, and potential harm to wildlife.

Discussion Items

  • Special Requests & Continuances: The board handled multiple procedural requests:
    • 2025-DV2-028 (415 South Oxford St): Continued to October 14, 2025 without notice at petitioner's request.
    • 2025-DV2-016 (1507, 1501, 1533 West New York St): Stringtown Neighborhood Association requested a second continuance due to lack of communication; petitioner opposed. Board granted continuance to September 9, 2025 without notice.
    • 2025-UV2-011 (5380 North College Ave): Two-day waiver of posted/mailed notice granted as staff had no objection.
    • 2025-DV2-027 (5227 Knollton Rd): One-day waiver of yard sign posting granted; neighbor had no objection.
    • 2025-UV2-010 (802 Roache St): Moved to expedited docket as staff recommended approval.
    • 2025-DV2-029 (5907 Birchwood Ave): Automatic continuance filed by a registered neighborhood was acknowledged.
  • Expedited Petitions (approved without additional testimony):
    • 2025-DV2-026 (5547 N Delaware St): Variance for a detached garage with reduced setbacks. Granted unanimously.
    • 2025-UV2-010 (802 Roache St): Amended petition for a freestanding monument sign at a church. Granted unanimously.
    • 2025-UV2-011 (5380 N College Ave): Variance for a bar within 10 feet of a protected district. Granted unanimously.
  • 2025-DV2-019 (3870 Broadway St, fence variance): Staff recommended denial due to fence height (6.5 ft vs 3.5 ft max) and encroachment into clear sight triangles and right-of-way. After discussion, the board negotiated a compromise: the petitioners agreed to remove the top two boards along both frontages and cut fence posts to no more than one foot above the fence height. The board imposed these as commitments. Granted unanimously subject to commitments.
  • 2025-DV2-021 (1144 Navajo Trail S Dr, 8-ft rear fence): Staff recommended denial, stating a 6-ft fence provides sufficient privacy and alternative landscaping could be used. The board voted to deny the variance (unanimous).
  • 2025-DV2-022 (1337 Olive St, carriage house height and setback): Staff recommended denial, citing the taller structure would be out of character and the lot width sufficient for compliance. The petitioner expressed willingness to adjust; the board continued the case to September 9, 2025 without notice to allow the petitioner to measure the primary dwelling's height and consider alternative designs.
  • 2025-DV2-027 (5227 Knollton Rd, pole barn in front yard): Staff recommended approval, noting that placing the pole barn in the front yard (285 ft from the road but still in front of the house) would avoid clearing forested rear yard and preserve heritage trees. The remonstrator's environmental concerns were addressed as requiring separate permits from BNS. Granted unanimously.

Key Outcomes

  • Votes on expedited petitions: All three granted without opposition.
  • 2025-DV2-019: Granted with commitments (remove top two boards, cut posts).
  • 2025-DV2-021: Denied.
  • 2025-DV2-022: Continued to September 9, 2025.
  • 2025-DV2-027: Granted.
  • The board adopted findings of fact for all decided cases before adjourning.

Meeting Transcript

May I start. Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 2. I'm Craig Von Dalen, Chairperson of Division Two. The other board members present are Beth Brandon and Tom Barnes. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neill, current planning administrator. Michael Weigel, senior planner, Noah Stern, senior planner, and Marty Weistie, senior board specialist and secretary of the board. The 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 rule of procedure. The expedited cases will be heard immediately after all requests for continuances and withdrawals. 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 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. 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 and screening, the paving of a parking area, and the dedication of rights of way are examples. These conditions and commitments are an integral part of the board's decision 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 petitioner within 30 days of completion. Unless otherwise specified an improvement location permit must be obtained prior to the establishment of the authorized improvements. I'm sorry, we 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 and con 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. There are three members present today. It requires three votes to take action on any request. We will take this into consideration when hearing requests for continuances. If your petition receives an indecisive voice, your vote, your petition will automatically be continued to the September 9th, 2025 hearing. Board members, you have been proved provided meeting meeting minutes for the July 8th, 2025 meeting. If there are no deletions or additions, I'll take a motion for their approval. Do I hear a motion? Brandon, so moved. And a second. Barnes second. And I'll call the roll. Brandon. Brandon, yes. Barnes. And I'm also in favor. Is there anyone in the audience who any qu has any questions about our procedures before we hear special requests? I'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of facts without any additional testimony from the individual petitioners. Do I hear a motion? Brandon, so moved.

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