1:32 All right, are we ready?
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 Patrice Duckett Brown, Tom Barnes, and James Duke.
1:50 Legal Council for the Board today is Chris Steinmetz.
1:52 Staff members present today from the division of planning are Bryce Patts, current planning administrator, Jeff York, current planning manager.
1:59 Adrian Barker Baker, Principal Planner One, Michael Weigel, Principal Planner 1.
2:04 Robert Ewenhake, Senior Planner, Josh Leveck, Senior Planner, and Piper Gall of Office Assistant is our acting board secretary today.
2:12 The board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today.
2:17 The proceedings of this hearing are governed by the board's rules of procedure.
2:20 The expedited cases will be heard immediately after all requests for continuances or withdrawals.
2:25 As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand.
2:31 Those who intend to testify will please remain standing and be sworn.
2:35 Petitioners should be on your left and remonstrators on your right as you face the board.
2:40 Those who testify will state their name and address for the record before beginning to testify.
2:45 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.
2:55 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.
3:04 Staff will then present the administrator's comments regarding the petition.
3:22 No further evidence statements or arguments will be heard unless it is at the discretion of the board.
3:34 If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition.
3:46 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.
4:51 Forms are available and may be obtained from the board secretary.
4:54 Please be advised that contacting members of the board out regarding a matter pending before the board and outside of this public hearing process is prohibited.
5:02 Please be courteous and orderly at all times and put and please be sure all cell phone ringers are turned off.
5:08 There are four members present today.
5:10 It requires at least three votes to take action on any request.
5:13 We will take this into consideration when hearing requests for continuances.
5:17 If your petition receives an indecisive vote, your petition will be automatically continued to the June 9th, 2026 hearing.
5:24 Board members, you have been provided meeting minutes for our for our June 9th, 2026 meeting.
5:30 If there are no deletions or additions, I will take a motion for their approval.
5:36 And do I hear a second?
5:39 Well, I'll now call the roll.
5:50 Is there anyone in the audience that has any questions about our procedure?
5:56 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 fact without any additional testimony from the individual petitioners.
6:10 Call the roll, Ducket Brown.
6:16 We'll take special uh special requests.
6:25 Uh Chairperson Von Dalen, members of the board, uh Joe Calderon, 11 South Meridian, Indianapolis.
6:32 And I represent the petitioner in 2026, D V two 017 921 East 66 Street.
6:40 It's item number three on your agenda this afternoon.
6:45 Um we would it's really a two-part request.
6:48 The first is uh we are uh requesting an acknowledgement of our withdrawal of the variants pertaining to waiver sidewalk and uh not uh paying into the sidewalk fund.
7:06 Uh when we met with Bard Ripple Village Association, they felt that was an important issue.
7:11 We agreed and put a commitment in that we would pay into the sidewalk fund in lieu of installing a sidewalk, which has some uh challenges on 66th Street.
7:22 So I think the first part is merely an acknowledgement by the board.
7:27 Acknowledged, thank you.
7:29 Second part is if you read the staff report uh with the withdrawal of that variance.
7:34 I think staff is in full support.
7:36 Bard Ripple Village Association is as well, uh and we'd like to be placed on the expedited docket if that's okay with the board.
7:44 Is there anyone else in the audience with an interest in petition number 2026 DV two-017 with an address of 921 East 66th Street?
7:55 None being seen, we'll go to comments from staff.
7:58 Thank you, Chairman von Dalen.
7:59 Uh, petitioners correct as amended, staff is recommending approval of the petition with that one variance withdrawal.
8:06 Has no objection to moving this to the expedited portion of the document.
8:12 Very well, then I'll ask for a motion to move.
8:16 Petition number 2026 DV2-017 to our expedited document.
8:35 Good afternoon, members of the board.
8:37 Uh this is item two on the expedited docket.
8:39 Uh my name is John Cross, attorney for the petitioner.
8:42 13 North State Street, Suite 241, Greenfield, Indiana.
8:46 For 2026 UV 2-0 10 at 543 East Market Street, requesting a two-day uh waiver notice for both the uh mailing and the public sign.
8:56 Uh, we attempted to pick up the sign on June 19th when the county building was closed, so couldn't not pick it up in post it until the following Monday.
9:03 And we deposited the mailings on the 19th, but the uh post office did not pick them up.
9:08 We're not sure when, but probably on Monday as well.
9:10 So we're requesting a uh two-day uh waiver notice for both issues per staff recommendation.
9:17 Is there anyone else in the audience with an interest in petition number 2026, UV 2 010 with an address of 543 East Market Street?
9:25 None being seen, I'll go to comments from staff.
9:28 Um, Chairman Von Dalen, members of the board, David King, um here with an address of uh 355 East Ohio Street.
9:52 Um as chairman of the um Colonel Um Development Committee.
9:57 I'm here in full support of this variance.
10:00 Um it's properly zoned.
10:03 The only um comment that we would make is that we would like for the ordinance to be examined.
10:10 We think it's a um punitive to Mr.
10:14 I'm sit very sorry to interrupt you, but we're only actually just discussing their waiver.
10:19 They need a two-day waiver of notice.
10:22 I will step back and speak later.
10:25 Um it's it's actually on the expedited docket.
10:28 So when we get to the expedited docket, if you want to speak on this particular um case, we'll we'll have you come right back up and talk about it.
10:38 So are you okay with the waiver though?
10:42 I've got a comments from staff.
10:45 Yes, thank you, Chairman Von Dalen, members of the board.
10:48 Um, as uh counsel noted uh there was a holiday uh when the uh building was closed and they were unable to pick up the signs and mailing was impacted, therefore staff has uh no objection to the two-day waiver of notice.
11:05 An honor to get a motion to grant a two-day waiver of notice to petition number 2026 UV two-010.
11:10 Do I hear an emotion?
11:14 I'll call the roll duck at Brown.
11:17 Yes, and I'm also yes, your waivers granted.
11:20 Uh, we will probably want to have a discussion when we get to the case in the expedited document.
11:25 All right, any other comments from the audience, sir.
11:29 Come forward, state your name and address for the record.
11:32 Dan Evans, executive director of Good News Ministries.
11:35 The address we're talking about is 2705 East Washington Street.
11:38 I need your address.
11:40 My address, 2805 East Washington Street.
11:43 All right, go ahead.
11:44 And the case number.
11:46 Uh Good News Ministries is planning to um file a variance um to turn what used to be a united rentals facility into a thrift shop.
11:57 Is this a case that's before us today?
12:01 I'm just here to request a reduction in the uh fees for applying for the variance because we were told this is the proper sequence to do that.
12:09 There used to be a standard nonprofit 50% reduction rate in these fees years ago, and now they say you've come before this board to request a reduction in fees.
12:20 But this does not does is this is this a case that's on our docket?
12:24 So uh chairman, I would like to jump in here.
12:27 So uh based off the BCA rules of procedures, anybody can come up to these special requests.
12:33 Um, and so that was the direction that we provided.
12:36 Is that we cannot provide uh this type of waiver that they're asking for?
12:40 Uh, that has to be during a special request, and so this is uh Okay, just basically what they're doing is following the rules and procedures.
12:46 So, okay, can you just for my sake give me your name again and the address that we are discussing, not your address?
12:53 Dan Evans, 2705 East Washington Street.
13:00 And you do not have a case number, do you?
13:03 Uh I got a variance number.
13:05 Yes, that's what I mean.
13:15 Okay, and you're requesting a 50% reduction in your fees for that particular case.
13:21 I would like a 95% reduction in the fees.
13:23 With a 95% reduction in the fees, yes, sir.
13:26 We do not have a lot of money at Good News Ministries.
13:29 And you're part of Good News Ministries, which is a registered 501c3 charitable organization.
13:34 Yes, sir, for 76 years.
13:36 Good news ministries.
13:38 We take care of the homeless in our city here and the kids.
13:42 And people that need health care.
13:46 Um I'm gonna go to uh is there anyone else in the audience that potentially has an interest in this case?
13:53 I'm gonna guess no.
13:54 All right, now staff.
13:59 So uh just just for clarification that VAR number is the application that's submitted in our open gov case.
14:06 So it's not a full petition yet.
13:59 Um so this is just in the uh invoicing stages.
14:11 Uh as indicated earlier, uh, per the rules of procedures, there's only limitations of what the administrator can waive.
14:18 Um, and so what I would say is from a staff's perspective, uh, these fees go into the time that it takes to manage uh a variance cases.
14:27 Um and so staff would be supportive of up to 50 percent if the board so chooses, uh, and we would honor whatever decision that the board makes today.
14:36 Okay, so the petitioner is asking for a 95% reduction.
14:40 Staff is supportive of a 50% reduction.
14:43 These fees go to paying the folks that are actually processing the variants.
14:48 Um I can open it up to my board and ask for a motion.
14:52 Do I have a motion concerning this case?
14:58 How much is the total fee?
15:05 All right, I am still seeking a motion.
15:11 Make a motion to reduce the fee by 50%.
15:13 Do I hear a second?
15:18 I will call the roll, Ducket Brown.
15:24 Then you can vote against it.
15:27 Um, Doug Brown, no.
15:36 I'd like to entertain another motion.
15:39 Uh, I would like to put a motion for 75%.
15:42 I hear a motion for 75% reduction of fees.
15:45 Second, I got a second.
15:46 I'll call the roll, Ducket Brown.
15:51 And I'm also a yes.
15:55 All right, thank you.
16:01 Oh, this buddy talks got me hot.
16:14 Chairperson Vodendale and members of the board.
16:16 Staff will draw your attention to item number four.
16:19 Petition 2026 DB2021 located at 534 and 546 East 38 Street.
16:26 After publication of the staff report, it was determined this petition did not meet the legal notice requirements.
16:32 Therefore, this petition has to be continued to the August 11th hearing, I believe.
16:38 Um that would be with new notice.
16:42 Is there anyone in the audience with an interest in petition number 2026 DV2-021 with addresses of 534 and 546 East 38th Street?
16:54 Unbeing seen, I will entertain a motion to continue to our August 11th hearing with additional notice.
17:01 With that with notice, petition number 2026 DV2-021.
17:05 Do I hear a motion?
17:13 And I'm also a yes.
17:20 Chairman Fund and members of the board, staff would just draw your attention to item number two on the docket.
17:26 This is for 543 East Market Street.
17:29 Just an update after conferring with board counsel and then uh the petitioners council.
17:36 The commitments have been updated since the staff report was published.
17:41 Just wanted to bring that to your attention.
17:42 This would just change the commitments that you see before you that if if the building were destroyed beyond sixty-six percent, then uh the variance shall terminate.
17:54 So I just wanted to update you on that uh as as you make your decision.
18:01 All right, I think we're through the comments or the um comment section.
18:05 We can go ahead and move on to our our expedited docket.
18:11 Petitions to be expedited.
18:13 Item number one, 2026-UV2-009, 6001 Michigan Road, Washington Township, Council District Number 2, Zoned C three, Speedway, Super America LLC, represented by Laura Trendler.
18:29 It's a variance of use of the consolidated zoning and subdivision ordinance to provide for the replacement of underground fuel storage tank tops, product piping, and fuel dispensers related to an automobile fueling station use.
18:45 Item number two, 2026-UV2-010, 543 East Market Street, Center Township, Council District Number 18, zoned CBD-2, TODRC F F.
19:03 Chemco Holdings LLC represented by Wootenhoy LLC and JJ Capital LLC.
19:09 It's a variance of use of the consolidated zoning and subdivision ordinance to permit a single family residence with an existing structure.
19:16 Single family dwelling not allowed in the CBD2 district.
19:20 Would you read that petition number again, please?
19:34 That's why I was asking on our on our sheet.
19:37 On our ballots, we've got UV one, not UV two.
19:41 We will correct it.
19:48 Go ahead and read the other case in, and then I'm gonna have Mr.
19:51 King and come up and see and get his comments on UV two-010.
19:56 Item number three, 2026-DV2-017.
20:02 921 East 66th Street, Washington Township, Council District No.
20:07 7, zoned M U2 F F T O D.
20:11 KMK Cornell LLC by Joe Calderan, or represented by Joe Caldering.
20:16 It's a variance of development standards of the consolidated zoning and subdivision ordinance to provide for the expansion of an existing daycare slash preschool with a 31% building transparency on the west facade, 40% transparency is required.
20:31 A zero to six foot west transitional yard, 15 foot west transitional yard is required, with no interior parking lot landscaping, interior parking lot landscaping required for parking lots with 15 or more spaces.
21:13 Maximum of seven parking spaces can be sized for small cars and with parking in portions of the west transitional yard not permitted.
21:24 Is there anyone in the audience that uh has any comments about these cases?
21:29 If so, come forward and uh state your name and address.
21:32 Kingan, this is your opportunity.
21:40 Thank you, President Van Dalen, again, David Kingan, with an address of 355 East Ohio Street, here before you on 2026 UV two zero and one zero at 543 East Market as uh chairman of the um as director of the development committee of the Cold Noble Neighborhood Association.
22:00 We're in total support of this variance.
22:03 Our only comment is that we feel that um it's punitive to when the property is zoned C B D two in the central business district or in the regional center that it um be restricted or restricted or forced to add units to the second story of a historic building.
22:25 Um this building is was built as a residence.
22:30 Uh it's zone C B D 2, and we feel it's appropriate that um it be allowed by by right rather than go through the variance procedure to uh only have one unit in the building.
22:43 That's what the building had historically.
22:45 So if you're returning it to its historic use, then we certainly see no reason for any variants being filed.
22:56 Does the staff have any comments on Mr.
22:58 Kingan's statement?
22:59 Patts uh appreciate the feedback and we'll uh look at that internally it is interesting that it was originally a one a two-story residence so all right then we can uh as long as there's no one else in the audience with any concerns about any of the cases that are being voted on we can go ahead and cast our ballots for petition 2026 gv two zero zero nine we have duke yes Decca Brown yes Barnes yes von Dalen yes that variance is approved for twenty twenty six gv two zero one zero we have duke yes ducca brown yes barnes yes and von Dalen yes that variance is approved 2026 dv2 zero one seven we have duke yes barnes yes von Dalen yes ducket brown yes that variance is granted as well thank you Mr.
24:52 York is there any additional business to come before the board today Mr.
24:56 Patz yeah I just want to do a a really brief statement if the chair would allow um I just want to say that we had uh a key individual staff member that's just unable to attend today and so I I do want to commend our current planning staff for stepping up filling that void to make sure we still have this hearing today so I just want to share that appreciation and that we're working internally so we can have a smoother process uh moving forward when we have key staff that are unavailable to attend so thank you current planning team.
25:24 Patts actually I think it went relative actually very smoothly so good work.
25:27 All right we have some findings of fact to adopt I believe yes all right if that's the case then we are adjourned.