Board of Zoning Appeals III Meeting – December 18, 2018

The Metropolitan Board of Zoning Appeals, Division III, met on December 18, 2018 at 6:15 PM to hear a range of requests including continuances, expedited cases, and contested variances. The board granted six expedited variances unanimously, denied two petitions (a lot split and a gas station expansion), and approved one contested variance for a unique infill home. Chairperson Craig E. Von Dalen presided, with members Carmen Lethig, Maris Algavea, and Matthew Draving present; Kim Boyd arrived later.

Procedural Motions & Continuances

• Case 2017-UV-3-024 (7960 W Washington St): Petitioner Walid Beg requested a continuance to May 28, 2019 after a garage was built without a permit and a right-of-way dedication was still pending. Staff recommended continuation with the condition that the right-of-way be completed or the case dismissed. Motion passed unanimously.
• Case 2018-UV-2-024 (507-509 N Bradley Ave/3836 E Michigan St): Petitioner David Kingan requested this variance be moved to the expedited docket. No remonstrance; staff agreed. Motion passed unanimously.
• Case 2018-DV-3-055 (245 N Delaware St): Petitioner requested a continuance to February 19, 2019 with notice to allow for petition amendment. Staff had no objection. Motion passed unanimously.
• Case 2018-DV-3-056 (3615 White Cedar Ct): Staff requested a continuance to January 15, 2019 with notice for amendment. Motion passed unanimously.
• Case 2018-UV-3-025 and 2018-UV-3-030 (1306 N Pennsylvania St): Automatic continuances to January 15, 2019 were acknowledged by the board.
• Case 2018-DV-2-004 (1335 Marlowe Ave): Request to withdraw the petition was acknowledged.
• Case 2018-DV-3-002 (337 Parkway Ave): Petitioner requested a continuance to February 19, 2019 with notice for amendment. Motion passed unanimously.

Expedited Docket (Unanimously Approved)

• 2018-DV-3-059 (8325 Norfolk St, Park 100): Variance of development standards to allow a loading area in front of a 500,000 sq ft industrial building, with a zero-foot front setback and reduced side setback. Staff recommended approval with a commitment. All five board members voted yes.
• 2018-UV-3-026 (227 W 38th St): Variance of use to allow an auto repair facility in a D5 zone. Petitioner worked with the neighborhood and agreed to administrative landscaping approval. Unanimous approval.
• 2018-UV-3-027 (1551 E Stop 12 Rd): Variance of use to permit a painting class with retail sale of beer and wine. Staff recommended a commitment limiting the use to a specific tenant bay. Unanimous approval.
• 2018-UV-3-028 (2490 N Graham Rd): Variance of use to allow storage of semi-trucks, trailers, boats, and RVs inside a building. No staff objection. Unanimous approval.
• 2018-UV-2-024 (507-509 N Bradley Ave/3836 E Michigan St): Variance of use and development standards to legally establish an existing two-family dwelling and single-family dwelling with reduced setbacks. No remonstrance; staff had no comment. Unanimous approval.

Discussion & Decision Items

• 2018-DV-3-049 (6116 Guilford Ave) – Denied: Petitioner David Kingan sought to split an 89-foot-wide lot into two lots (49 ft and 40 ft widths; 50 ft required). He argued that 83% of lots in the area are smaller, the Broad Ripple Village Association supported the split after three meetings, and the property is near the future Red Line transit corridor. Staff opposed, citing consistency with the comprehensive plan (density of 5.5 dwelling units/acre vs. plan’s 3.5–5), concerns over impacts on property values, and seven letters of opposition still on file. Staff also noted that the existing lot is legal non‑conforming and that splitting would encourage further overdevelopment. The board voted 2–3 to deny (Chair Von Dalen and Mr. Draving in favor; Ms. Algavea, Ms. Lethig, and Ms. Boyd against).
• 2018-DV-3-058 (1127 E 17th St) – Approved: Petitioner Joshua Duba requested variances to allow a single-family home on a narrow 25.5-foot-wide lot with garage access from 17th Street (no alley access), a 3.5-foot west side setback (4 ft required), and 290 sq ft of main floor living area (660 sq ft required). The home was redesigned with a flat roof to manage drainage. Staff recommended approval for the garage access and living area, but denial of the reduced side setback due to maintenance and drainage concerns. The petitioner argued the reduction was necessary to create a marketable home and that historical homes on the block had zero setbacks. No remonstrators were present. The board voted unanimously to approve all three variances, noting the creative design for a difficult lot.
• 2018-UV-3-029 (5060 Southeastern Ave) – Denied: Petitioner Ray Basile sought a variance of use to expand an existing gas station/convenience store and modify a prior commitment (from 2013) to close a driveway on Southeastern Avenue instead of the southernmost Emerson Avenue entrance. The proposed expansion would add storage inside and remove outdoor storage. The adjacent property owner (Wayne Weimer, 5030 Southeastern Ave) testified in support. Staff recommended denial, citing a higher parking requirement (at least 40 spaces vs. the 30 proposed), the unresolved prior commitment (five years overdue), and the risk of hardship on the adjacent property if it had to comply with current parking standards. The board voted 2–3 to deny (Chair Von Dalen and Mr. Draving in favor; Ms. Algavea, Ms. Lethig, and Ms. Boyd against).

Key Outcomes

• Approved: Six expedited variances (all unanimous); one contested variance (2018-DV-3-058) for a narrow lot infill home.
• Denied: Two petitions—lot split at 6116 Guilford Ave (2–3) and gas station expansion at 5060 Southeastern Ave (2–3).
• Continued or Withdrawn: Seven cases were continued, one withdrawn, and two automatic continuances acknowledged.
• Farewell: The board recognized outgoing member Carmen Lethig, thanking her for her service.
• Next Steps: The denied cases will be continued for adoption of findings of fact; approved cases require compliance with stated commitments.