Metropolitan Board of Zoning Appeals Division III Public Hearing - February 19, 2019
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Metropolitan Board of Zoning Appeals Division III Public Hearing - February 19, 2019
The Metropolitan Board of Zoning Appeals Division III held a public hearing on February 19, 2019, at 6:15 PM. The meeting covered several continuances, expedited cases, and regular docket items. The board voted on multiple variance requests, with decisions ranging from approval to denial.
Continuances
- 2018 DV3061 (8800 Keystone Crossing): Petitioner requested a 60-day continuance to April 16, 2019, without additional notice unless needed due to amendments. Staff had no objection. The board granted the continuance.
- 2018 DV3056 (3615 White Cedar Court): Petitioner requested a continuance to March 19, 2019, to amend the petition and obtain additional consent. Staff had no objection. The board granted the continuance with additional notice only if needed.
- 2018 DV3055 (245 North Delaware Street): Petitioner requested a continuance to March 19, 2019, without notice. Staff had no objection. The board granted the continuance.
- 2018 DV3057 (4103 South Land Hurst Drive): Petitioner requested a continuance to March 19, 2019, due to new information about sign height. Staff had no objection with additional notice. The board granted the continuance.
Expedited Cases
- 2019 SE3001 (3033 Station Street): Petitioner Dean Rayner requested a special exception for a manufactured home with a two-car garage and front porch in a D5 zone. Staff had no comments. The board voted unanimously (5-0) to approve.
- 2019 DV3002 (5640 Cooper Road): Petitioner Covenant Community Church requested a variance for two freestanding signs. The petition was amended to reduce the second sign to three feet tall with a ten-foot setback. Staff recommended approval. The board voted unanimously (5-0) to approve.
Regular Docket
- 2018 DV302 (337 Parkway Avenue): Petitioner Rhonda Tucker by Mark and Kim Crouch requested a variance to split a 45-foot-wide lot (4,950 square feet) into two lots (22.5 feet wide, 2,475 square feet each) and construct a second dwelling. Staff recommended denial, citing the lot's existing nonconformity (50-foot width and 5,000 square feet required) and the availability of a secondary dwelling under the ordinance. Remonstrators, including Jean Salzman (330 Parkway Avenue) and seven other homeowners, opposed the petition, arguing it would not fit the neighborhood character, create safety hazards, and encourage overdevelopment. The petitioner argued the new house would be similar to existing tight quarters and the owner would occupy it. The board voted 4-1 to deny the petition (McKay voted yes, Draving, Von Dalen, Govaia, Boshenko voted no).
- 2019 DV301 (3977 West 10th Street): Petitioner Joseph P. Long by Amanda Fo Smith requested a variance for a freestanding sign with an electronic variable message component (EVMS) within 100 feet of a protected district (600 feet required). Staff recommended denial, stating the sign would negatively impact nearby residential areas due to brightness and scrolling displays. The petitioner argued the sign was needed to recruit truck drivers, citing a record shortage. Bob Hickman, owner of the adjacent church (3903 West 10th Street), spoke in support, welcoming the business. The petitioner offered to add plantings and commit to obtaining a permit for a temporary trailer. The board voted 4-1 to approve the variance (Boshenko voted no, McKay, Draving, Von Dalen, Govaia voted yes), with a condition to obtain a trailer permit prior to the sign permit.
Key Outcomes
- Continuances granted: Four cases continued to future dates.
- Expedited approvals: Two cases approved unanimously.
- Denial: 2018 DV302 (337 Parkway Avenue) denied 4-1.
- Approval with condition: 2019 DV301 (3977 West 10th Street) approved 4-1 with a condition to obtain a trailer permit.
- The board also adopted findings of fact for cases 2018 UV1043, 2018 UV3026, and 2018 DV3049 (signatures obtained).
Meeting Transcript
Call to order. This is the 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 left, Maris Algovea and Anatoli Boschenko. To my right, Matthew Draving and Clint McKay, an alternate from Division 1. 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, Principal Planner 2. Robert Ewenha, 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 and withdrawals 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 of the 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 submission 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 in 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 impair 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 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 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 granted 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 board the 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 reverence 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 of 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. Good afternoon, Chairman Von Dalen, members of the board, Joe Calderan, attorney with offices at 11 South Meridian, Indianapolis. I call your attention to 2018 DV3061, property address of 8800 Keystone Crossing. I represent the applicant SDG Fashion Mall Limited Partnership. I'm requesting a 60-day continuance to April 16th without additional notice. I received a call from your uh counsel this morning to discuss the petition and the property in a little more detail. Staff is aware of the request, as is uh Brian Renner from Nora North Side. All right. Is there anyone else in the audience with an interest in petition number 2018 DV 3-061 with an address of 8800 Keystone Crossing? None being seen, we'll go to comments from staff.
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