Board of Zoning Appeals Division II Meeting – September 9, 2025

The Metropolitan Board of Zoning Appeals Division II convened on Tuesday, September 9, 2025, at 1:00 PM in the Public Assembly Room of the City-County Building. Chair Craig Von Dalen presided with members Patrice Duckett-Brown and Tom Barnes present (three-member quorum). The board addressed special requests, continuances, five expedited variance petitions, and a public hearing for a townhome development on West New York Street. All five expedited petitions were approved unanimously. The sole public hearing resulted in an indecisive vote, automatically continuing the case to October 14, 2025.

Consent Calendar

• Meeting Minutes: The board unanimously approved the minutes from the August 12, 2025 meeting (motion by Barnes, second by Duckett-Brown; all ayes).
• Waiver of Rules: A motion to waive rules and vote on all expedited petitions without additional testimony was approved unanimously (motion by Barnes, second by Duckett-Brown).

Public Comments & Testimony

• Procedural Complaint (Expedited Docket): Bill Bull (6075 Gladden Drive) and Kathy Grattan Court (6081 Gladden Drive) attempted to remonstrate against petition 2025-DV2-030 after the board had already voted. The board chair explained that they should have objected earlier when the case was read into the record; the vote could not be rescinded. The board noted that procedural instructions were given at the start of the hearing.
• Remonstrance for Case 2025-DV2-016: Richard Dufour (1523 West New York Street) opposed the variances for the Lurvey Loft Townhomes project. He argued that the 45-foot height (on an already elevated lot) would cast shadows and overshadow adjacent homes, that the 27% living material was far below the 50% standard, and that the design was forced onto an inadequate lot. He also questioned the neighborhood support letters, stating that the Stringtown Neighborhood Association leadership did not represent the broader community.

Discussion Items

Special Requests & Continuances

• Petition 2025-SE2-002 (Michigan Road): Acknowledged an automatic continuance to October 14, 2025, filed by a registered neighborhood organization.
• Petition 2025-DV2-034 (Rock Hampton Court): Continued to October 14, 2025, because legal notices were mailed late (motion by Barnes, second by Duckett-Brown; unanimous).
• Petition 2025-DV2-022 (Olive Street): Withdrawn by petitioner (Sharmin Frye).
• Petition 2025-DV2-033 (Spring Mill Road): Petitioner Misha Rabinowitz amended the request, withdrawing the easement encroachment variance after moving the structure. The remaining variances (four-foot east side yard setback, 28.33-foot aggregate side yard) were placed on the expedited docket. Staff supported, noting the easement issue was the primary objection.
• Petition 2025-SE2-003 (Virginia Avenue): Chair Von Dalen recused himself. Petitioner requested a continuance and transfer to Division III’s September 16, 2025 hearing; no objections from staff or Indianapolis Cultural Trail. Unanimously approved.
• Withdrawals on Expedited Cases: For 2025-DV2-029, the mini-barn variance was withdrawn; for 2025-DV2-032, the 50-foot front yard setback from Central Avenue was withdrawn. Both remained on expedited docket.

Public Hearing: Case 2025-DV2-016 (Lurvey Loft Townhomes)

• Petitioner Presentation: Adam DeHart represented Lurvey Loft Townhomes LLC. The project proposes four high-end townhome units in two buildings at 1507, 1501, and 1533 West New York Street (Stringtown neighborhood). The site is a vacant gravel lot, zoned D-8, vacant for over 70 years. Two variances are needed: (1) building height – 45-foot/4 stories (40-foot/3 stories max), and (2) front yard living material – 27% (50% required). The petitioner argued the height accommodates grade changes and that the actual structure is 42 feet. The second variance stems from the irregular lot shape and corner location. The development includes two-car garages per unit, a central courtyard, and 31 new trees. Letters of support were submitted from the Stringtown Neighborhood Association, Councilor Kristen Jones, and several adjacent property owners. The petitioner also offered a commitment to protect the adjacent neighbor’s property during construction.
• Staff Comments (Noah Stern): Staff recommended approval. The height increase is reasonable given the site’s corner location on White River Parkway Drive (a primary arterial) and its location within the Regional Center. Staff noted the building was shifted east by over a foot to increase the setback from the adjacent west property. The requested 45 feet (actual 42 feet) includes a buffer for grade changes. For living material, the 27% is due to practical difficulty from sloped conditions and irregular shape; the landscaping plan (31 trees) is a substantial improvement over the current vacant lot. Staff emphasized that similar height increases would not be appropriate in mid-block or interior neighborhood locations.
• Board Questions: Members asked about parking (eight spaces in four garages, no guest parking on site), alley improvements (could be required by DPW), the neighborhood plan’s density recommendation (8–15 units per acre; the site is about 0.25 acres, so 4 units fits), and whether a rooftop lounge drove the height. Petitioner representatives said the extra story provided needed living area and allowed for elevators.
• Rebuttal: Richard Dufour reiterated height concerns, noting the lot is already elevated 5–8 feet above neighboring homes, making the effective height 50 feet. He argued the building would block sky and light, set a precedent for overdevelopment, and that the 27% living material is far below the standard. He acknowledged the need for development but urged denial of the variances.

Key Outcomes

• Votes on Expedited Petitions (all unanimous, 3-0):
  • 2025-DV2-029 (Birchwood Avenue): Granted – eight-foot rear yard setback variance.
  • 2025-DV2-030 (East 61st Street): Granted – 11-foot rear yard setback variance.
  • 2025-DV2-031 (Williams Creek Boulevard): Granted – 51-foot front yard setback variance.
  • 2025-DV2-032 (East 75th Street): Granted – 33.5-foot front yard setback variance.
  • 2025-DV2-033 (Spring Mill Road): Granted – four-foot east side yard and 28.33-foot aggregate side yard variances.
• Public Hearing Vote for 2025-DV2-016 (Lurvey Loft Townhomes): Duckett-Brown voted no, Von Dalen voted yes, Barnes voted yes. The 2-1 vote was indecisive (three votes required for action), automatically continuing the petition to the October 14, 2025 hearing.
• Other Actions:
  • Petition 2025-DV2-022 withdrawn.
  • Petition 2025-SE2-003 continued and transferred to Division III for September 16, 2025.
  • Petition 2025-DV2-034 continued to October 14, 2025.
  • Petition 2025-SE2-002 automatically continued to October 14, 2025.
• Findings of Fact: The board executed findings of fact for the approved petitions and adjourned.