OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Board of Zoning Appeals III Meeting Summary - September 18, 2018

Board of Zoning Appeals IIITuesday, September 18, 2018
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, September 18, 2018
StatusFILED
Video Record

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Transcript — Verbatim
0:03

This is call to order.

0:05

This is a public meeting of the Metropolitan Board of Zoning Appeals, Division III.

0:08

I am Craig E.

0:09

Von Dalen, Chairperson of Division Three.

0:11

The board other board members members present are to my left, Carmen Lefig and Kim Boyd, and to my right, Mayor Sogovea and Matthew Draving.

0:18

Legal Counselor of the Board today is Chris Steinmetz.

0:21

Recording these proceedings today is Ron Hampton.

0:23

Staff members present today from the Division of Planning are Heather Stephens, Senior Board Specialist and Secretary to the Board.

0:29

Larry Callaway, Principal Planner 2.

0:31

Linda Albrand, Principal Principal Planner 2, Jeffrey York, Senior Planner, Robert Ewan Hake, Senior Planner, Christopher Myers, Senior Planner, and Paige Story, Senior Planner.

0:41

Keith Holdsworth is the current planning administrator.

0:44

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

0:49

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

0:53

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

0:57

As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand.

1:03

Those who intend to testify will please remain standing and be sworn.

1:07

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

1:12

Those who testify will state their name and address for the record before beginning the to testify.

1:17

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.

1:26

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.

1:36

Staff will then present the administrators' comments regarding the petition.

1:40

The petitioner will then be allowed five minutes for rebuttal and a summation of the case.

1:44

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

1:48

Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement.

1:54

No further evidence, statements, or arguments will be heard unless it is at the discretion of the board.

2:00

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.

2:08

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.

2:20

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.

2:31

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

2:36

The installation of landscaping and screening.

2:39

The paving of parking area and the dedication of rights of way are examples.

2:44

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

2:53

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.

3:00

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

3:07

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

3:14

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

3:21

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.

3:30

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

3:34

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

3:41

Please be courteous and orderly at all times.

3:43

And please be sure all cell phone ringers are turned off.

3:46

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

3:52

If not, we will consider special requests and continuances at this time.

4:03

Yes, ma'am.

4:04

Hello, Kelsey Gray, 1059 Hospirg Street.

4:07

I would like to request to move our petition 2018 AP 3001 to the expedited list.

4:19

All right.

4:20

Is there anyone else in the audience with an interest in petition number 2018 AP 3-001 at 1628 South East Street?

4:30

None being seen, we'll go to comments from staff.

4:32

Thank you, Chairperson Von Dale and members of the board.

4:35

Staff has no objection to moving this petition to the expedited portion.

4:38

All right.

4:39

Then I'll entertain a motion to move petition number two thousand eighteen AP 3-01 to the expedited docket.

4:47

So moved.

4:47

Second.

4:48

Second.

4:48

All in favor are indicate by saying aye.

4:51

Aye.

4:52

Right.

4:52

Thank you.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████65%
Procedural██████████14%
Fire Safety█████7%
Community Engagement███4%
Neighborhood Association███4%
Parking Management2%
Real Estate2%
Commitment Modification2%
Summary of Proceedings

Board of Zoning Appeals III Meeting Summary - September 18, 2018

The Metropolitan Board of Zoning Appeals, Division III convened on September 18, 2018, at 6:15 PM to hear zoning variance requests, use variances, and other petitions. The board approved several variance requests, denied one use variance, and continued or withdrew others. Public testimony was heard on several cases, including concerns from neighborhood associations and adjacent property owners.

Meeting Transcript

This is call to order. This is a public meeting of the Metropolitan Board of Zoning Appeals, Division III. I am Craig E. Von Dalen, Chairperson of Division Three. The board other board members members present are to my left, Carmen Lefig and Kim Boyd, and to my right, Mayor Sogovea and Matthew Draving. Legal Counselor of the Board today is Chris Steinmetz. Recording these proceedings today is Ron Hampton. Staff members present today from the Division of Planning are Heather Stephens, Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2. Linda Albrand, Principal Principal Planner 2, Jeffrey York, Senior Planner, Robert Ewan Hake, 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 the 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 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 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 a 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 procedures? If not, we will consider special requests and continuances at this time. Yes, ma'am. Hello, Kelsey Gray, 1059 Hospirg Street. I would like to request to move our petition 2018 AP 3001 to the expedited list. All right. Is there anyone else in the audience with an interest in petition number 2018 AP 3-001 at 1628 South East Street? None being seen, we'll go to comments from staff. Thank you, Chairperson Von Dale and members of the board.

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