Board of Zoning Appeals Division II Meeting - August 11, 2026
Board of Zoning Appeals Division II Meeting - August 11, 2026
The Metropolitan Board of Zoning Appeals Division II convened on August 11, 2026, at 1:00 PM in the Public Assembly Room of the City-County Building. The meeting addressed continuances, special requests, expedited petitions, and a public hearing on a fence variance. Key actions included granting a five-day notice waiver for a rescheduled petition, approving two continuances, and granting variances for a skyline sign, a rear yard setback, and a 60-inch front yard fence.
Consent Calendar
- Meeting minutes from June 9, 2026, were approved by unanimous vote (Duckett Brown, Duke, Brandon, Barnes, Von Deylen all yes).
- A waiver of rules of procedure was approved to allow the board to vote on all expedited petitions without additional testimony (unanimous).
Public Comments & Testimony
- Mary Brock (2745 Somerset Bay) objected to a five-day notice waiver for petition 2026-DV1-025 (7279 North Keystone Avenue), requesting the board delay approval until public safety and environmental questions were addressed. She later requested a continuance for a traffic and environmental study, stating she represented a neighborhood. The board found she had standing, and the continuance was granted.
- Patrick Moon (5929 Broadway Streets), representing the petitioner for 2026-DV1-025, opposed the continuance, noting they had already met with the council and neighborhood, and that the continuance would delay their timeline. He expressed frustration but accepted the board's decision.
Discussion Items
- Special Request – Notice Correction (VAR 26-222 / 2026-DV3-020): Mindy Westrick Brown (300 N. Meridian St., Suite 2500) requested a waiver to have VAR 26-222 heard by the hearing officer instead of Division 3 due to a prior notice issue with an IU Health-related petition, and a reduction of fees to cost. Staff (Jeff York) supported the request. The board granted both waivers unanimously.
- Continuance – 2026-DV2-022 (200 & 206 North Rural Avenue): Jordan Mendenhall (Englewood CDC, 57 North Rural St.) requested a continuance to September 8, 2026, to allow time to amend the petition. Staff had no objection. The board granted the continuance with additional notice (unanimous).
- Continuance – 2026-UV2-011 (8450 Georgetown Road): Staff requested a continuance to September 8, 2026, with new notice due to delays in posting legal notice. Joshua Kibble (761 Courtney Circle), representing the petitioner, supported. The board granted the continuance (unanimous).
- Notice Waiver – 2026-DV1-025 (7279 North Keystone Avenue): Staff noted the rescheduled petition had a five-day deficit in notice and requested a waiver. After hearing Mary Brock’s objection, the board voted to grant the waiver (4 yes – Duckett Brown, Duke, Brandon, Barnes; Von Deylen yes).
- Continuance Request – 2026-DV1-025 (Continued Petition): Mary Brock requested a continuance for cause to conduct a traffic and environmental study. The board discussed that the petition had been erroneously heard by Division 1 in July, and the neighborhood had not exhausted its automatic continuance. Legal counsel confirmed Brock had standing. The petitioner opposed, citing prior meetings and lost approval. The board voted to continue the case to September 8, 2026, with cause and without additional notice (4 yes – Duckett Brown, Duke, Brandon; 1 no – Von Deylen).
- Expedited Petitions (voted by ballot unanimously):
- 2026-DV2-023 (355 Indiana Ave.) – Variance to permit a skyline sign on a 34.6 ft structure in CBD-2 (only permitted over 50 ft). Granted.
- 2026-DV2-024 (721 Parkway Ave.) – Variance to allow a 10 ft rear yard setback (required 15 ft) for a single-family home. Granted.
- Public Hearing – 2026-DV2-021 (534 & 546 East 38th St.): Petitioner Barry Pachciarz (4353 North Park Ave.) requested a variance to install a 60-inch tall fence in the front yard (maximum 48 inches permitted). He presented overwhelming neighborhood support, including letters from Councilors John Barth and Ron Gibson, the Meridian Kessler Neighborhood Association, St. Joan of Arc Church, and Coburn Place. Jeff Conder (Vice President of Operations at Coburn Place) testified that the fence height was critical for security of domestic violence survivors living at the property. The petitioner argued that the retaining wall raised the finished grade so the fence measured 48 inches from the top, and that similar fences existed in the area. Staff (Robert Ulenha) recommended denial, stating the height limitation promotes open appearance and human scale, and that a zoning-compliant fence is feasible. However, board member Barnes argued that the retaining wall created usable open space for children and the fence provided safety, suggesting the ordinance should be updated. The board voted to grant the variance (4 yes – Duke, Von Deylen, Brandon, Barnes).
Key Outcomes
- VAR 26-222: Waiver granted to be heard by hearing officer; fees reduced to cost.
- 2026-DV2-022: Continued to September 8, 2026, with additional notice.
- 2026-UV2-011: Continued to September 8, 2026, with new notice.
- 2026-DV1-025: Notice waiver granted; then continued to September 8, 2026, for cause (vote 4-1).
- 2026-DV2-023 (Skyline sign): Variance granted unanimously.
- 2026-DV2-024 (Rear setback): Variance granted unanimously.
- 2026-DV2-021 (Fence height): Variance granted (4-0).
Meeting Transcript
All right, since Mr. Snymetz is here. May I get started, Mr. Mr. Weistie? Okay. Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I'm Craig Von Delen, Chairperson of Division 2. The other board members present are Patrice Duckett Brown, Beth Brandon, Tom Barnes, and James Duke. Legal Counselor of the Board today is Chris Steinmetz. Staff members present today from the divisional planning are Jeff York, current planning manager. Adrian Baker, Principal Planner 1, Robert Ulenha, Senior Planner, Marty Weistee, Senior Board Specialist and Secretary of the Board. The Board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. The expedited cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedited case is called petitioners and remonstrated interest in that particular case, will please stand. Those who intend to testify will please remain standing and be sworn. Petitioners should be on your left and remonstrators on your right as you face the board. 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 administrators' 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. 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. 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 proved 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. Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive a notice of the filing of petition for judicial review of a decision of the board. The written request must be filed within five days of the board's decision and 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 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. Board members, you have been provided meeting minutes for our June 9th, 2026 meeting. If there are no deletions or additions, I will take a motion for their approval. Do I hear a motion? Duke. So and a second. Brandon second. I'll call the roll. Ducket Brown.
openpublica.com