Indianapolis Board of Zoning Appeals Division III Meeting - July 17, 2018
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Indianapolis Board of Zoning Appeals Division III Meeting - July 17, 2018
The Metropolitan Board of Zoning Appeals, Division III, held a public hearing on July 17, 2018, at 6:15 PM. Chairperson Craig E. Von Dalen presided over a four-member panel. The board heard several continuance requests, expedited petitions, and two regular docket cases involving variances of development standards. Key decisions included approval of four variances, denial of one, and multiple continuances.
Continuances and Administrative Actions
- 2017 DV3044 (2659 Shelby St): Continued to September 18, 2018, without new notice, pending an IDEM investigation.
- 2018 DV3032 (963 Hosbrook St): Continued and transferred to BZA Division 1 for August 7, 2018, hearing without notice.
- 2018 HOV079 (1532 S. Alabama St): Automatic continuance acknowledged to August 21, 2018.
- 2018 HOV080 (5653 Brendan Way W. Dr): Continued and transferred to Division 1 for August 7, 2018, without notice.
- 2018 UV3013 (220 Virginia Ave): Withdrawn per written request.
- 2018 DV3033 (509-535 E. Warsaw St): Automatic continuance acknowledged to August 21, 2018.
- 2018 MO3001 (2230 E. Washington St): Continued to August 21, 2018, without notice, to allow review of a legal nonconforming use certificate.
- 2018 DV3002 (337 Parkway Ave): Continued to September 18, 2018, without notice unless site plan modifications require notice.
- 2017 UV3024 (7960 W. Washington St): Continued to August 21, 2018, without notice, to finalize right-of-way commitments.
- 2018 AP3001 (1628 S. East St): Continued to August 21, 2018, without notice, to allow neighborhood organization discussion.
- 2018 DV3031 (3018 N. Illinois St): Continued to August 21, 2018, without notice, to allow project changes.
Public Comments and Testimony
- Chelsea Marburger (Executive Director, Meridian Kessler Neighborhood Association) spoke in support of petition 2018 DV3024 (5857 Winthrop Ave), noting the petitioner's transparency and that the project would improve livability and protect a large tree. The association's board voted unanimously to support the variance.
- Thomas Taylor (5865 Winthrop Ave, neighbor) remonstrated against 2018 DV3024, arguing that a two-foot side setback (versus the required four feet) would hinder maintenance, create safety issues, and lock in an undesirable condition for future property owners.
Discussion Items
- 2018 DV3024 (5857 Winthrop Ave): Kelly and Gavin McNamara requested a variance to allow a detached garage with a two-foot north side setback (four feet required). They argued the reduced setback would minimize impervious area, maximize usable yard space, protect a tree, and improve access to the garage. Staff recommended denial, citing lack of practical difficulty. After rebuttal, the board voted 1-3 to deny the petition.
- 2018 DV3027 (2464 Broadway St): Luke Burrow requested variances for a single-family dwelling with an 8-foot front setback, 3-foot side setbacks, and 48% open space (660 sq ft minimum main floor, 55% open space required). The initial staff commitment to narrow the driveway from 20 to 10-12 feet was removed after discussion. The petitioner cited ease of access and consistency with the original variance. The board voted 4-0 to approve.
- 2018 DV3028 (5831 Harveston Dr): Eddie Smith, representing Michael Walton, sought a variance to locate a detached garage in front of the front building line on Greta Drive (accessory buildings are not permitted in front of the established building line). Staff recommended approval with an amended site plan removing the request for a reduced front setback (from 25 to 20 feet). The petitioner noted the garage would be used for antique car storage and no driveway would be added. A remonstrance letter concerning potential vehicle storage was deemed a code enforcement issue. The board voted 4-0 to approve.
Key Outcomes
- All continuance requests were granted as moved.
- Expedited cases approved:
- 2018 SE3002 (parking lot for religious use) – 4-0.
- 2018 DV3029 (detached garage, 832 Eastern Ave) – 4-0.
- 2018 DV3030 (in-ground pool and deck, 7801 New Hallway) – 4-0.
- 2018 DV3024 denied (1-3), with findings of fact to be adopted.
- 2018 DV3027 approved (4-0).
- 2018 DV3028 approved (4-0) with amended variance request.
- The board also adopted negative findings of fact for several previously heard cases (2018 UV1013, 2017 UV1026, 2018 DV3009).
Meeting Transcript
It's called order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Three. I am Craig E. Von Dalen, Chairperson of Division III. The other board members present are to my left, Carmen Lethig, and soon to be Kim Boyd. She'll be coming in in a minute. To my right, Marisal Govea. Legal Counselor for the Board today is Chris Steinmetz. Recording these proceedings today is Ron Hampton. Staff members present today from the division planning are Heather Stephens, Senior Board Specialist and Secretary of the Board. Larry Callaway, Principal Planner 2, Linda Albrand, Principal Planner 2, Robert Eulenhake, Senior Planner, Christopher Myers, Senior Planner, and Paige Story, Senior Planner. Keith Holdsworth is the current planning administrator. 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 remonstrators interested 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 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 administrator's 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 conveyed 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 parking area, and the dedications of rights of ways 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 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. 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 the public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedure? If not, we'll consider special requests and continuances at this time. Justin Kingan, addresses 618 East Market Street, Indianapolis, Indiana, 46202. Uh here before you regarding case number two thousand seventeen DV three zero four four. It's the last item on the first page of your agenda. We are seeking continuance to the September 18th. It's a two months continuance without new notice. Uh essentially to allow there's an IDEM uh test or investigation that needs to be done on the property before we can proceed with the variance. So uh we're here before you requesting a two-month continuance of that case.
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