Indianapolis Board of Zoning Appeals III – August 21, 2018
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Indianapolis Board of Zoning Appeals III – August 21, 2018
Meeting called to order at 6:15 PM. Chairperson Craig E. Von Dalen presided over the Board of Zoning Appeals, Division III. Members present: Carmen Lethig, Kim Boyd, Mary Sol Govea, and Matthew Dar Draving. Legal Counsel: Chris Steinmetz. Staff from the Division of Planning presented reports. The meeting lasted approximately 1 hour and 7 minutes.
Consent Calendar / Continuances & Withdrawals
- 2018 AP 3-001 (1628 Southeast Street): Continued to September 18 without notice.
- 2018 UV 3-017 (625 South Meridian Street): Withdrawn; partial refund of $909 granted.
- 2018 DV 2-004 (1335 Marlowe Avenue): Continued to September 18 without notice.
- 2018 DV 3-038 (702 Sanders Street): Continued to September 18 without notice.
- 2018 DV 3-033 (509–535 East Warsaw Street): Continued to September 18 with notice due to improper notice.
- 2018 MO 3-001 (2230 East Washington Street): Continued to September 18 without notice.
- 2018 HOV 079 (1532 South Alabama Street): Continued to September 18 over petitioner's objection; Bates Hendricks Neighborhood Association requested further discussion.
- 2018 DB 3-039, 2018 DV 3-034, 2018 DV 3-007: Automatic continuances acknowledged (registered neighborhood organizations filed continuances to September 18).
- 2017 UV 3-024 (7960 West Washington Street): Continued to September 18 without notice for right‑of‑way commitments.
- 2018 DV 3-031 (318 North Illinois Street): Continued to September 18 with notice for amended request.
Expedited Docket
2018 DV 3-035 (4820 Washington Boulevard) – Approved
Petitioner Jennifer Eger sought a variance for a detached garage with a 1‑foot rear setback (5 feet required). No remonstrators appeared; a letter of opposition was noted but not pursued. Staff recommended approval. Vote: 5–0 in favor.
2018 DV 3-040 (8711 River Crossing Boulevard) – Approved
Petitioner PK Duke Development (represented by Gene Valenzano) requested a variance for 210 small vehicle parking spaces (30% max permitted). No opposition; staff supported. Vote: 5–0 in favor.
2018 DV 3-036 (1529 & 1531 Woodlawn Avenue) – Continued
Petitioner did not appear (car trouble). Case continued to September 18 without notice.
Regular Docket
2018 DV 3-041 (1423–1425 English Avenue) – Denied
Petitioner Jonathan Maddox requested a variance to allow a duplex on a 5,000‑square‑foot, 40‑foot‑wide lot (minimum 7,200 sq ft, 70‑foot width) with 48% open space (60% required). Staff recommended denial, stating the lot is suitable for single‑family use. Vote: 2–3 to deny. (Yes: Draving, Von Dalen? Actually 2 yes: Draving and presumably Von Dalen? Transcript shows 2 yes, 3 no – denied.)
2018 DV 3-042 (3835 Bluff Road) – Denied
Petitioner Diane Collins sought a variance for a 1,800‑square‑foot accessory structure with 3‑foot side and rear setbacks (15 feet required) and 77% open space (85% required). Staff recommended denial, citing design choices and no practical difficulty. Vote: 0–5 to deny.
2018 UV 3-016 (8902 South Meridian Street) – Vote taken, result unclear in transcript
Petitioner Village Plaza Properties (represented by Adam Law) requested a permanent variance to allow a tattoo parlor without a special exception and within 500 feet of a protected district. The business had operated five years under a temporary variance. Petitioners argued no complaints, rising societal acceptance, and positive economic impact. Staff recommended denial, classifying tattoo parlors as adult businesses incompatible with the comprehensive plan. The board cast ballots but the transcript does not record the final tally. The meeting adjourned immediately after this case.
Key Outcomes
- Three variances were approved (two expedited, one permanent? Actually DV3-035 and DV3-040 approved; UV3-016 outcome not recorded).
- Two variances were denied (DV3-041 and DV3-042).
- Multiple cases continued to the September 18, 2018 meeting.
- A partial refund of $909 was authorized for the withdrawn petition.
- The board will adopt findings of fact for the denied petitions at a later date.
Meeting Transcript
It's called order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I am Craig E. Von Dalen, Chairperson of Division III. The board. The other board members present are to my left, Carmen Lethig, Kim Boyd, and to my right, Mary Sol Govea and Matthew Dar Draving, our new member. Welcome. Legal Counselor for the Board today is Chris Steinmetz. Recording these proceedings today is Ron Hampton. Staff members present today from the Division of Planning are Heather Stevens, Senior Board Specialist and Secretary to the Board, Larry Callaway. Yet we'll be here in a moment. Principal Planner 2. Linda Albrand, Principal Planner 2, Jeffrey York, Senior Planner, Robert Ewan Hake, Senior Planner, Christopher Myers, Senior Planner, 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 their 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 notice signs 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 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 un 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 the 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. Is there anyone in the audience who has any questions about our procedures? None being seen, we will consider special requests and continuances at this time. Hello, Kelsey Gray, 1059 Hosbrook Street. I would like to put in a request to continue petition 2018 AP 3001. Staff and I met on Friday to discuss some of the changes we would like to make and bring back to next month's hearing. All right. Is there anyone else in the audience with an interest in petition number 2018 AP 3-001 at 1628 Southeast Street? None being seen, we'll go to comments from staff.
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