Indianapolis Metropolitan Board of Zoning Appeals Division 2 Meeting – May 19, 2026

The Metropolitan Board of Zoning Appeals Division 2 met on May 19, 2026, at 6:00 PM under the chairmanship of Craig von Dalen. Board members present included Patrice Duckett Brown, Beth Brandon, Tom Barnes, and Rod Bohannan. Legal counsel was Chris Steinmetz, with staff from the Division of Planning. The meeting covered approval of minutes from April 14, 2026, a waiver of rules for expedited petitions, several continuances and special requests, an expedited docket of four variance petitions, and three regular docket cases.

Minutes Approval and Procedural Motions

• The board unanimously approved the minutes from the April 14, 2026 meeting (moved by Brandon, seconded).
• A motion to waive the rules of procedure to allow the board to vote on expedited petitions without additional testimony passed unanimously.

Special Requests and Continuances

• 2026-U-006 (1527 South East Street): The petitioner requested a 4-day waiver of notice due to a communication breakdown with the planner. Staff supported the request, and the board granted the waiver unanimously.
• 2026 DV2-017 (921 East 66th Street): Petitioner requested a continuance to June 9, 2026, with new notice because a BNS permit review letter triggered additional variances. Staff had no objection; the board granted the continuance unanimously.
• 2026 DV2-013 (2001 North Albany Street): A motion to move this petition to the expedited docket was granted unanimously after staff confirmed no last-minute remonstrance.
• 2026 DV3-010 amended (102 John Quill Drive): The petition was mistakenly continued to this board; the board voted to continue and transfer it to the May 26, 2026 hearing of Division 3 without additional notice.
• 2025 DV2-035 amended (5100 Knowlton Road): Staff requested withdrawal of the petition as the petitioner planned to refile as a combination petition before the hearing examiner. The board acknowledged the withdrawal.
• 2026 UV2-007 (1375 West 16th Street): Due to amendments requiring new notice, the board granted a continuance to the June 9, 2026 hearing with additional notice unanimously.
• Agenda item five (2026 DV2-015, 5662 Georgetown Road): Staff noted that the petition had been amended from an internally illuminated pole sign to an internally illuminated monument sign, consistent with the staff report.

Expedited Docket

Four petitions were read and voted on as a bloc after no opposition was expressed. All were granted unanimously (5-0):

• 2026 DV2-014 (1618 East Market Street): Variance to construct a duplex on an undersized lot (3,449 sq ft, 32 ft wide vs. required 7,200 sq ft and 60 ft width) and to allow a parking pad with 4 ft side setbacks (5 ft required).
• 2026 DV2-015 (5662 Georgetown Road): Variance for an internally illuminated monument sign in a C3 district (not permitted) and a second primary freestanding sign with a separation of 230 ft (300 ft required).
• 2026 DV2-013 (2001 North Albany Street): Variance to allow outdoor storage of materials in a transitional yard and a fence with barbed wire.
• 2026 UV2-006 (1527 South East Street): Variance of use to permit a secondary dwelling unit in a C1/C3 district (residential uses not permitted) and to allow a secondary dwelling when the primary dwelling is not single-family detached.

Discussion Items

Case 2026-DV1-014 – 9200 Keystone Crossing (Second Skyline Sign)

• Petitioner (Joe Calderon): Representing Duchar McMillan Associates, a tenant. Argued that the proposed 11.8 sq ft skyline sign (above 26 ft) is very small compared to the permitted sign area on the building’s north facade (up to 4,318 sq ft). The sign is needed for tenant identification, and the building already has one skyline sign (IMG, 56 sq ft) on the same facade. Petitioner noted that the sign could be placed at 26 ft or below without a variance, and that the ordinance’s distinction based on height creates a practical difficulty. Both neighborhood councils (Greater Allisonville and Nora Northside) supported or did not object.
• Staff (Robert Ulenhake): Recommended denial. The 2019 sign ordinance limited skyline signs to one per facade to reduce proliferation. The north facade already has one skyline sign; the proposed second sign could be placed on the east, west, or south elevations. Staff argued that skyline signs act as advertising (not directional) and that one sign per facade is adequate.
• Board Discussion: Board member questioned whether the ordinance permits multiple skyline signs on different facades (yes, up to four). A motion was made to add a condition limiting skyline signs on the north facade to no more than two if the variance were granted. The motion passed 3-2 (Barnes and von Dalen opposed? Actually vote: Barnes no, Brandon yes, von Dalen yes, Duckett Brown yes, Bohannan yes? Wait roll call: Barnes - no, Brandon - yes, von Dalen - yes, Duckett Brown - yes, Bohannan - yes. So 4-1, with Barnes opposed.) Then the variance itself was voted on: Rod Bohannan yes, Patrice Duckett Brown yes, Craig von Dalen yes, Beth Brandon yes, Tom Barnes no. Variance granted 4-1 with the condition.

Case 2026-UV3-005 – 2525 East 38th Street (HVAC Commercial Contractor in C3)

• Petitioner (Don Fisher): Representing Garcia’s Heating and Cooling. Proposed to operate an HVAC contracting business with 17 employees, storing equipment and 12 vehicles indoors. The building would include five offices (one for Garcia, four for lease) and warehouse space. Petitioner argued that the intensity is lower than permitted uses (e.g., restaurants) and that the business would not generate significant traffic. A solid wall and landscaping were planned along the south side adjacent to residential properties.
• Staff: Recommended denial. The proposed use (commercial contractor) is typically allowed in C5, C7, I1, I2 districts, which permit outdoor storage. The site is zoned C3 (neighborhood commercial), and the proposal would represent an intrusion of heavy commercial use into a pedestrian-oriented transit development corridor. The parking lot layout and lack of connection to office uses were also concerns.
• Board Vote: Rod Bohannan no, Patrice Duckett Brown yes, Craig von Dalen yes, Beth Brandon yes, Tom Barnes yes. Variance granted 4-1.

Case 2026-UV2-008 – 327 South Randolph Street (Goats and Structures)

• Petitioner (Angela Guerrero, power of attorney): Requested a variance to allow three miniature myotonic goats on a lot less than one acre, and a development standards variance for zero-foot side setbacks for a playhouse and shed. She explained that the goats are emotional support animals for her mother (who has dementia and Alzheimer’s) and visit the property five days a week (8am-8pm) but do not reside there overnight. The goats are kept in Johnson County. She also stated that the playhouse and shed are within size limits and that code inspectors had not obtained accurate measurements due to safety concerns with a dog on the property.
• Staff (Josh LeBec): Initially recommended denial on both counts. However, after consultation with BNS inspectors, staff withdrew the objection to the side setbacks, noting the shed is compliant. For the goats, staff argued that the lot is about 0.1 acre (less than the 0.25 acre required for miniature goats) and that the petitioner had not shown a practical difficulty that prevents meeting the ordinance’s requirements.
• Board Discussion: Board members expressed sympathy for the therapeutic need and noted no neighbor complaints. The petitioner clarified that the goats are not kept on the property overnight, only during the day for therapy. The board voted to grant the variance for the goats and acknowledged the withdrawal of the setback variance.
• Board Vote: All five board members voted yes. Variance granted.

Key Outcomes

• Minutes from April 14, 2026: Approved.
• Waiver of rules for expedited petitions: Approved.
• Special requests/continuances: All handled as described; all passed unanimously.
• Expedited docket (4 petitions): All granted unanimously.
• 2026-DV1-014 (second skyline sign, 9200 Keystone Crossing): Variance granted 4-1, with a condition limiting skyline signs on the north facade to no more than two.
• 2026-UV3-005 (HVAC contractor at 2525 East 38th Street): Variance granted 4-1.
• 2026-UV2-008 (goats and structures at 327 South Randolph Street): Variance granted unanimously; the side setback variance was withdrawn.
• Adoption of findings from prior hearings: Tabled for later adoption; meeting adjourned.