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Record of Proceedings

Indianapolis Board of Zoning Appeals Division II Meeting - October 13, 2026

Board of Zoning Appeals II — Tuesday, October 13, 2026
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals II
DateTuesday, October 13, 2026
StatusFILED
Video Record
0:00 / 34:56

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

1:56

We get

Unassigned speaker

2:09

our calling.

Speaker 1

2:34

Order.

2:34

This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Two.

2:38

I am Craig Von Dalen, Chairperson of Division Two.

2:41

The other board members present are Patrice Duckett Brown, James Duke, and Beth Brandon.

2:47

Legal Counsel for the Board today is Chris Steinmetz.

2:49

Staff members present today from the Division of Planning are Bryce Patts, current planning administrator.

2:53

Jeff York, current planning manager, Noah Pappas, current planning manager, Josh Love, manager of code and compliance, Michael Weigel, Principal Planner One, Adrian Baker, Principal Adrian Baker, Principal Planner One, Adam Sheshevsky, Senior Planner, Jasmine Dillard Nikolich, Senior Planner, Sam Sparzo, Senior Planner, David Arome Garza, Senior Planner, Marty Weistie, Administrative Coordinator, and Secretary to the Board.

3:23

The Board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today.

3:29

Proceedings of this hearing are governed by the board's rules of procedure.

3:32

The expedited cases will be heard immediately after all requests for continuances and withdrawals.

3:44

Petitioners should be on your left and the remonstrators on your right as you face the board.

4:08

Statements and arguments in opposition to the petition.

4:11

Staff will then present the administrator's comments regarding the petition.

4:18

Rebuttal must be limited to the subject matter of the initial presentations.

4:41

If the petitioners have failed to comply with all notice requirements as stipulated by the Board's rules of procedure, including posting of notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition.

5:03

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

5:10

The installation of landscaping and the screening of the paving of a parking area and the dedication of rights of way are examples.

5:17

These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.

5:23

Compliance with the conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of the completion.

5:31

Unless otherwise specified an improvement location permit must be obtained prior to the establishment of the authorized improvements.

5:37

Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services.

5:45

A person may file a written request to receive notice of the filing of a petition for judicial review of a decision of the board.

5:52

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.

6:00

Forums are available and may be obtained from the board secretary.

6:03

Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited.

6:11

Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off.

6:17

There are four members present today.

6:19

It requires three votes to take action on any request.

6:22

We will make take this into consideration when hearing requests for continuances.

6:26

If your petition receives an indecisive vote, your petition will be automatically continued to the November 18th, 2026 hearing.

6:33

Board members, you have been provided meeting minutes for our September 8th, 2026 meeting.

6:37

If there's no deletions or additions, I will take a motion for your approval.

6:40

Do I hear a motion?

6:41

Duke so moved.

6:42

And a second.

Speaker 2

6:42

Brandon, second.

Unassigned speaker

6:44

And I'll

Speaker 1

6:44

call the roll.

6:45

Brandon.

Speaker 2

6:46

Brandon, yes.

Speaker 1

6:47

Ducett Brown.

Speaker 2

6:47

Ducket Brown, yes.

Speaker 1

6:49

Duke.

6:49

Duke, yes.

6:53

Is there anyone in the audience who has any questions about our procedures?

6:58

If not, before we hear special requests, I'll ask for a waiver of our rules and procedures to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners.

7:08

Do I hear a motion?

Speaker 2

7:10

Brandon, so moved.

Speaker 1

7:11

And a second.

Speaker 2

7:13

Brandon, yes.

Speaker 1

7:14

Duckett Brown.

Speaker 2

7:15

Ducky Brown,

Speaker 1

7:15

yes.

7:16

Duke, yes.

7:16

And I'm also yes.

7:17

We'll consider special requests and continuances at this

Unassigned speaker

7:20

time.

Speaker 1

7:21

Please come forward.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████71%
Procedural███████████18%
Public Engagement███████11%
Summary of Proceedings

Indianapolis Board of Zoning Appeals Division II - October 13, 2026

The Metropolitan Board of Zoning Appeals Division II met at 1:00 PM on Tuesday, October 13, 2026, in the Public Assembly Room of the City-County Building, 200 E. Washington Street, Indianapolis. Board members present were Chair Craig Von Deylen (transcribed as "Von Dalen" in the raw transcript), Patrice Duckett-Brown, James Duke, and Beth Brandon; Tom Barnes was absent. With four members present, three votes were required for action. The board approved the September 8, 2026 minutes, handled continuances and procedural requests, and granted all seven expedited variances by unanimous vote.

Consent Calendar

  • The September 8, 2026 meeting minutes were approved unanimously on a motion by Duke and a second by Brandon.
  • The board unanimously waived its rules of procedure to allow all expedited petitions to be voted on together and to adopt findings of fact without additional testimony from individual petitioners.

Continuances, Waivers, and Special Requests

  • 2026-UV2-014 | 4201 Boulevard Place – Request to allow a small-scale mixed-use development with a ground-floor coffee shop and an upper-level residential rental unit. The Butler Tarkington Neighborhood Association requested a continuance; no objection was voiced during the initial request. Staff supported the continuance to allow the petitioner to address remonstrators' concerns and provide new legal notice. After initially discussing November 18, the board confirmed the continuation date as November 17, 2026, and continued the case with additional notice unanimously.
  • 2026-UV2-012 | 1701 East New York Street – Request to legally establish an auto repair/tire sales use not permitted in C-3. Petitioner's counsel requested another continuance to negotiate conditions with the Willard Park Neighborhood Association; staff had no objection. The case was continued to November 17, 2026 without additional notice unanimously.
  • 2026-DV2-033 | 1973 Ralston Avenue – Chris Barnett of Greater Indy Habitat for Humanity requested a one-day waiver of the notice requirement because the notice was not received in time. Staff had no objection. The one-day waiver was granted unanimously.
  • 2026-DV2-027 | 7009 West Thompson Road – Staff requested a continuance for additional consultation. Newly retained attorney Stephen Brown stated the petitioner may seek a rezoning in addition to the requested development-standard variances. The board continued the case to November 17, 2026 with additional notice unanimously.
  • Automatic continuances acknowledged to November 17, 2026 for 2026-DV2-034 (2005 North Sherman Drive), 2026-DV2-030 (7380 New Augusta Road), and 2026-UV2-013 (6201 Coffman Road, transcribed as "Kaufman Road"), based on timely continuances filed by neighborhood organizations. No vote was required for these acknowledgements.

Public Comments & Testimony

  • Lisa Moyer (2126 Shelby Street) requested a waiver of fees for a variance that had not yet been filed, stated to involve dumpsters and a rear-yard setback at her business. She said she had invested her life savings in the business, that eight businesses had closed in the area, that her business numbers were down about 65%, and that she was considering closing. She indicated the matter was a violation case. Staff and counsel explained that a full fee waiver is not permitted under the board's rules, fees fund the department, and any fee waiver would be discretionary; she must first file the variance petition and receive a fee assessment before returning for a possible waiver request. A board member who said they own real estate on Shelby Street and operate a Fountain Square business expressed a personal interest and said they would look into the matter.
  • Sanay Shabrewer appeared regarding 2026-UV2-013 after the automatic continuance had been acknowledged. The board explained that the next hearing would be November 17, 2026, and advised her to work with her neighborhood association or come prepared to remonstrate at that hearing.
  • Steven Savoie, petitioner in 2026-UV2-014, later said he had intended to object to the continuance but missed his opportunity. The board stated the continuance would likely have been automatic because the request came from a registered neighborhood association, and invited him to address the case at the November 17 hearing.

Expedited Petitions

All seven expedited petitions were granted by unanimous 4-0 roll-call votes (Brandon, Duckett-Brown, Duke, and Von Deylen):

| Case | Address | Request | Outcome | | --- | --- | --- | --- | | 2026-DV2-028 | 906 East 16th Street | Variance to allow a front-loaded garage where a side-loaded, rear-loaded, or detached garage is required | Granted | | 2026-DV2-029 | 1607 Bellefontaine Street | Variance to allow a front-loaded garage where a side-loaded, rear-loaded, or detached garage is required | Granted | | 2026-DV2-031 | 3030 Southeastern Avenue | Variance to allow 0% first-floor facade transparency in an existing building (60–90% required) | Granted | | 2026-DV2-032 | 826 East 46th Street | Variance to build a detached garage with a 0-foot northern side setback (7 feet required) and a 0-foot western rear setback (5 feet required) | Granted | | 2026-DV2-033 | 1973 Ralston Avenue | Variance to allow an open front porch to encroach into the required clear-sight triangular area from the intersection of 20th and Ralston | Granted | | 2026-DV2-035 | 215 South Davidson | Variance to allow three 2-unit homes at 3 stories in height (ordinance limits height to the lesser of 2.5 stories or 35 feet) on 33-foot-wide lots (35 feet required) | Granted | | 2026-UV2-011 | 8450 Georgetown Road | Use variance for a maintenance shop with associated office space and secure parking supporting internal company operations with truck and trailing equipment | Granted |

Key Outcomes

  • The board unanimously approved the September 8, 2026 meeting minutes.
  • The board unanimously granted continuances for 2026-UV2-014 (with additional notice), 2026-UV2-012 (without additional notice), and 2026-DV2-027 (with additional notice), and acknowledged automatic continuances for 2026-DV2-034, 2026-DV2-030, and 2026-UV2-013.
  • A one-day notice waiver was granted for 2026-DV2-033.
  • All seven expedited petitions, 2026-DV2-028, 2026-DV2-029, 2026-DV2-031, 2026-DV2-032, 2026-DV2-033, 2026-DV2-035, and 2026-UV2-011, were granted unanimously.
  • The board adopted findings of fact for the cases heard and adjourned. The next Division II hearing was set for November 17, 2026.

Meeting Transcript

We get our calling. Order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Two. I am Craig Von Dalen, Chairperson of Division Two. The other board members present are Patrice Duckett Brown, James Duke, and Beth Brandon. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Bryce Patts, current planning administrator. Jeff York, current planning manager, Noah Pappas, current planning manager, Josh Love, manager of code and compliance, Michael Weigel, Principal Planner One, Adrian Baker, Principal Adrian Baker, Principal Planner One, Adam Sheshevsky, Senior Planner, Jasmine Dillard Nikolich, Senior Planner, Sam Sparzo, Senior Planner, David Arome Garza, Senior Planner, Marty Weistie, Administrative Coordinator, and Secretary to the Board. The Board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today. 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 and withdrawals. Petitioners should be on your left and the remonstrators on your right as you face the board. Statements and arguments in opposition to the petition. Staff will then present the administrator's comments regarding the petition. Rebuttal must be limited to the subject matter of the initial presentations. If the petitioners have failed to comply with all notice requirements as stipulated by the Board's rules of procedure, including posting of notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and the screening of 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 the conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of the 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 notice of the filing of a 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. Forums 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. There are four members present today. It requires three votes to take action on any request. We will make take this into consideration when hearing requests for continuances. If your petition receives an indecisive vote, your petition will be automatically continued to the November 18th, 2026 hearing. Board members, you have been provided meeting minutes for our September 8th, 2026 meeting. If there's no deletions or additions, I will take a motion for your approval. Do I hear a motion? Duke so moved. And a second. Brandon, second. And I'll call the roll. Brandon. Brandon, yes. Ducett Brown. Ducket Brown, yes. Duke. Duke, yes. Is there anyone in the audience who has any questions about our procedures? If not, before we hear special requests, I'll ask for a waiver of our rules and procedures to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. Do I hear a motion? Brandon, so moved.

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