Metropolitan Board of Zoning Appeals Division Two Meeting - February 10, 2026

The Metropolitan Board of Zoning Appeals Division Two convened on February 10, 2026, at 6:00 PM under the chairmanship of Craig Von Dalen. The board considered several continuances, withdrawals, expedited petitions, and three public hearings. Key decisions included granting variances for a storage building in Pike Township and a three-unit row house near Eastside, while denying a variance for large accessory buildings on Georgetown Road.

Consent Calendar

• Meeting minutes from January 13, 2026, were approved unanimously.
• A waiver of rules of procedure was approved to allow the board to vote on all expedited petitions and adopt findings of fact without additional testimony.

Public Comments & Testimony

• Jason Pogue (851 North Tacoma Avenue) addressed the board regarding petition 2025 UV2-017 (three-unit row house). He expressed support for affordable housing but argued that the requested variances were not justified by practical difficulties and would negatively impact the neighborhood. He requested denial or significant design changes.

Discussion Items

Special Requests and Continuances

• Petition 2025 UV2016 (withdrawal): The petitioner (Yadira Torres) withdrew the petition, retaining an existing 2002 variance. No opposition.
• Petition 2026 DV2001 (1781 Sloan Avenue): Continued to March 10, 2026, with additional notice after the petitioner agreed to add a variance. A neighbor, Julia Streer (1826 South De Quincy Street), had no objection.
• Petition 2025 UV2-018 (1003 West 30th Street): Withdrawn by petitioner George Gonzalez (4415 East Michigan Street) to refile as a rezoning. Staff recommended transferring the fees to the new petition. Approved unanimously.
• Petition 2026 UV2-001 (1927 North Capitol Avenue): Continued to March 10, 2026, due to petitioner absence. No opposition.

Expedited Petitions (Approved Unanimously)

• Case 2026-DV2-002 (5375 Graceland Avenue): Variance of development standards for a building addition with a 16-foot rear yard setback (20 feet required).
• Case 2025-DV3-036 amended (2065 Columbia Avenue): Variance for a freestanding building with a 29.5-foot southern transitional yard (40 feet required).
• Case 2026-UV2-002 (4560 Ocean Avenue): Variance of use to operate a bar and lounge within 25 feet of a protected district (100-foot separation required).

Public Hearing 1: Case 2025-DV1-061 (9000 Shetland Lane)

• Petitioner: David Gilman, representing Rebecca Bolton and David Padrick. Requested variances to construct an accessory storage building on a lot without a primary building and lacking street frontage. The property is a 7-acre wooded parcel adjacent to I-65, accessed via a private drive in Hendricks County. The petitioner argued the building would deter illegal dumping and trespassing. The Pike Township Residents Association (PTRA) submitted a letter of support with six commitments.
• Staff: Recommended denial, citing the property's isolated nature, lack of street frontage, and the ability to develop the site with a residence via an adjacent access parcel. Staff noted prior tree clearing and storage of recreational vehicles.
• Board Action: After questioning, the board granted the variance with the six PTRA commitments plus an additional staff-recommended commitment limiting access to the site via County Road 1071. Unanimous vote (5-0).

Public Hearing 2: Case 2025-DV2-045 (8083 Georgetown Road)

• Petitioner: Don Fisher (Insight Engineering) representing Raul Flores Diaz. Requested variances to construct two accessory buildings (4,000 sq ft and 2,591 sq ft) larger than the primary dwelling (1,860 sq ft), with one building in the front yard. The property is a 5.25-acre lot accessed via a shared gravel driveway. The petitioner stated the buildings would support a hobby farm (chickens, hydroponics, equipment storage).
• Remonstrators: Susan Blair (PTRA president) and John W. Boyer (neighbor) opposed. They presented evidence of commercial construction activity on the property, including dumpsters, commercial vehicles, and a framing business website. They argued the buildings would be used for business, not a hobby farm, and that the property lacks a legal easement. Letters from other neighbors also opposed.
• Staff: Recommended denial, citing the size of the buildings, lack of agricultural zoning, and concerns about commercial use. Staff noted a stop-work order for unauthorized construction and that the property can be used as zoned without variances.
• Board Action: The variance was denied by a 3-2 vote (Ducket Brown and Brandon voting yes; Duke, Von Dalen, and Barnes voting no).

Public Hearing 3: Case 2025-UV2-017 (853 North Tacoma Avenue)

• Petitioner: Joe Smoker (Near East Area Renewal). Requested a use variance for a three-unit row house (not permitted in D5) and development standard variances for a reduced main floor area (612 sq ft vs. 660 sq ft required), a 20-foot front building line (19.9 ft maximum), a 5-foot corner side yard setback (8 ft required), and deficient parking. The project is partially funded by CDBG and aims to provide affordable homeownership units. The neighborhood association and Councilor Brown supported the project.
• Remonstrator: Jason Pogue (851 North Tacoma Avenue) opposed, arguing the variances were not justified by practical difficulties, would increase street congestion, and reduce privacy. He suggested a less intense design could avoid variances.
• Staff: Recommended approval, noting the narrow lot, compatibility with surrounding development, and minimal deviations. Staff emphasized the project's alignment with the comprehensive plan and the lack of adverse impact.
• Board Action: The variance was granted unconditionally by a unanimous vote (5-0).

Key Outcomes

• Consent calendar: Minutes approved; waiver of rules approved.
• Withdrawals and continuances: Two petitions withdrawn (2025 UV2016, 2025 UV2-018); two continued to March 10, 2026 (2026 DV2001, 2026 UV2-001).
• Expedited petitions: All three granted unanimously.
• Case 2025-DV1-061 (9000 Shetland Lane): Variance granted with commitments (unanimous).
• Case 2025-DV2-045 (8083 Georgetown Road): Variance denied (3-2).
• Case 2025-UV2-017 (853 North Tacoma Avenue): Variance granted (unanimous).