Board of Zoning Appeals III Meeting – October 16, 2018
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Board of Zoning Appeals III Meeting – October 16, 2018
The Metropolitan Board of Zoning Appeals, Division III, held a public hearing on October 16, 2018, to consider variance requests, continuances, and procedural waivers. Chair Craig E. Von Dalen presided with board members Matthew Draving, Carmen Leffig, and Kim Boyd. Legal counsel Chris Steinmetz and planning staff were present. The board heard multiple expedited petitions, one contested variance request, and acted on several continuances to the November 20, 2018 hearing.
Procedural Actions and Continuances
- 2018-HOV-080 (5653 Brennan Way West Drive): Continued to November 20, 2018, after remonstrator Jacob Cox requested a continuance for cause, stating that the petitioner’s engineer report was dated September 26 and had just been received; petitioner’s counsel Alan Townsend opposed, but staff did not object.
- 2018 UV 3023 (6654 West Washington Street): Removed a requested variance for zero bike parking spaces; the remaining petition moved to the expedited docket with staff support.
- 2018 UV 3022 (2441 Production Drive): Moved to the expedited docket after an amended plan of operation was submitted and staff withdrew opposition.
- 2018 DV 3049 (6116 Guilford Avenue): Continued to November 20 without additional notice at petitioner’s request.
- 2018 DV 2-004 (1335 Marlowe Avenue): Continued to November 20 without notice.
- 2018 DV 3-038 (702 Sanders Street): Continued to November 20 with notice if needed for a petition amendment.
- 2018 UV 3-024 (5201 South Harding Street): Granted a three-day waiver of the legal notice requirement; adjacent neighbor Bill Runyon raised no objection.
- 2018 UV 3019 (726 East McCarty Street): Continued to November 20 without notice at staff’s request.
- 2017 UV 3024 (7960 West Washington Street): Continued to November 20 without notice.
- 2018 DV 3-047 (7947 Elm Street): Acknowledged automatic continuance filed by a registered neighborhood association.
Expedited Petitions
- 2018 DV 3-048 (915 Jefferson Avenue): Approved 4–0. Variance of development standards to allow a 22-by-22 detached garage, 50% open space (60% required), and a 15-foot front setback (18 feet required), and to legally establish a single-family dwelling.
- 2018 UV 3020 (1129 East 16th Street): Approved 3–0 after a board member recused. Variance of use to allow office uses not permitted in an I-3 industrial zone as the first phase of redeveloping an IPS building maintenance facility.
- 2018 UV 3021 (2425 East New York Street): Approved 4–0. Variance of use to allow a coffee shop and grocery store in a former church building for Outreach Inc., which serves homeless youth and plans to create employment opportunities. The NESCO land use committee was supportive.
- 2018 UV 3023 (6654 West Washington Street): Approved 4–0 as amended. Variance of use and development standards for a commercial battery center with retail, wholesale, and delivery center, including reduced setbacks and parking in the front yard, subject to staff report commitments. Petitioner said it would consolidate locations from Plainfield and Greenwood and bring jobs to Marion County; Councillor Jarrett Evans supported.
- 2018 UV 3022 (2441 Production Drive): Approved 4–0. Variance of use for an accessory apartment for the business owner and variance of development standards for a warehouse addition with an 11-foot side setback (30 feet required), subject to an amended plan of operation filed October 16 and a recorded access easement.
Contested Case
- 2018 UV 3024 (5201 South Harding Street): Denied 0–4 and continued for findings of fact. The petitioner sought variances to operate a transport company office and to park tractor trailers with reduced setbacks and no transitional yard. Remonstrators Bill Runyon and Floyd Burdone cited safety hazards, nighttime truck idling, diesel fumes, and a fence struck by trucks; staff recommended denial, finding the proposed use conflicted with the comprehensive plan and would harm the protected DA district. The petitioner disputed claims about the fence and trucks.
Key Outcomes
- 5 variances approved (four by unanimous vote; one 3–0 after recusal).
- 1 variance denied (2018 UV 3024) with negative findings to be adopted.
- 9 continuances granted, mostly to the November 20, 2018 hearing.
- The board noted only four members were present, so a majority of three votes was required for approval.
- At the conclusion of the hearing, staff presented negative findings for adoption; the transcript labels the petition as 2018 UV 3018, which may be a transcription error for the denied case 2018 UV 3024.
Meeting Transcript
Call to 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 other board members present are to my right, Matthew Draving. To my left, Carmen Leffig and Kim Boyd. Legal Counsel 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 Stephen, Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2. Linda Albrand, Principal Principal Planner 2. Jeffrey York, Senior Planner, Robert Eulin 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 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 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 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 sign 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, the dedication of rights of way are examples. These conditions and comment 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 provided 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 a 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. 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. Hello, my name is Jacob Cox with Cox Law Office at 1606, North Delaware, Indianapolis, Indiana. I'm here on behalf of a remonstrator in the matter of 2018-HOV-080, which is a petition relating to a variance for the cottages brought by Fall Creek owner. When we last came before the board, we actually sought a continuance for cause because Ms. Huffman and myself have been requesting a variety of information relating to the gatehouse they want to put in. So we asked for this information on July 31st. Today I was given a packet that has a professional report by an engineer and other information that we asked for in July. It looks like it was drafted on September 26, three weeks ago.
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