Metropolitan Board of Zoning Appeals Division III Meeting - March 19, 2019
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Metropolitan Board of Zoning Appeals Division III Meeting - March 19, 2019
The Metropolitan Board of Zoning Appeals Division III convened on March 19, 2019 at 1:00 p.m. in the Public Assembly Room of the City-County Building. The board heard several continuance requests, one expedited petition, a corrected petition, and multiple variance petitions. Key actions included approving a waiver of the refiling rule for a hardware store in a shopping center, approving a banner signage variance for the Old Southside neighborhood, approving a church sign variance with a condition, and approving a residential fence variance with a condition to move the fence. Several petitions were continued to future hearing dates.
Continuances
- 2018-DV3-055 (245 North Delaware Street, Wheeler Mission Ministries): Continued to May 28, 2019 hearing without notice, pending receipt of revised elevations from the architect.
- 2019-UV3-001 (5900-5954 West Minnesota Street, Indianapolis Airport Authority): Continued to April 16, 2019 hearing without notice, upon request of Councilor Jarrett Evans due to ongoing discussions. The petitioner expressed disappointment but did not object.
- 2018-DV3-056 (3615 White Cedar Court, Irma Hernandez): Continued to April 16, 2019 hearing without notice, to allow additional time to amend the petition and contact an out-of-state adjacent property owner.
- 2019-DV3-008 (7307 Holliday Drive West, Andrew Thompson): Continued to April 16, 2019 hearing without notice, to allow submission of revised fence drawings addressing clear sight triangle concerns.
- 2019-DV3-005, 2019-DV3-006, 2019-DV3-007 (1538, 1540, 1544 Ringgold Avenue, Sahar Montalvo et al.): Automatically continued to April 16, 2019 hearing due to a timely continuance filed by a registered neighborhood organization.
Public Comments & Testimony
- Amber Cleveland (8821 Classic View Drive): Questioned the address on the notice for petition 2019-AP3-001, noting a discrepancy between 8902 South Meridian Street (tax parcel) and 8914 (mailing address). Petitioner clarified they are the same parcel. She expressed support for the petition.
- Tara Sumner (petitioner for 5402 Lobo Drive): Gave emotional testimony about needing a six-foot fence to contain her dog, which could climb the existing 3.5-foot fence. She stated she had tried various containment methods and that moving the fence would be costly and result in having to rehome the dog.
- Tina Sumner (3322 Tupelo Drive, mother of petitioner): Commented that many other fences in the neighborhood are similar to the subject fence, but only this one was reported.
- Bobby Winter (petitioner for 4103 South Lynhurst Drive): Argued that the sign is needed to identify the church and advertise activities, and that the community approved it. He committed to not lighting the sign.
Discussion Items
Expedited Petition: 2019-AP3-001 – Waiver of Refiling Rule (8902 South Meridian Street)
- Petitioner: Adam Law, on behalf of Village Plaza Properties LLC, requested a waiver to allow a variance of use and development standards for an Ace Hardware with outdoor storage, after a prior variance for a catering business with smokers was denied in 2018. The proposed use is in a different building on the same parcel.
- Staff: Recommended approval, noting the prior petition was for a different use and building.
- Action: The board unanimously approved the waiver (5-0). The board also granted a separate waiver of the 35-day filing rule to allow the underlying variance to be heard at the April 16, 2019 hearing.
Corrected Petition: 2018-DV2-052 – 1230 South Talbot Street
- Petitioner: Austin Aynes requested a variance to correct open space and setback issues for a rear addition and detached garage.
- Staff: No additional comments.
- Action: Approved unanimously (5-0).
Variance: 2019-UV3-002 – Old Southside Neighborhood Banners
- Petitioner: Jedadiah Fuller, Vice President of the Old Southside Neighborhood Association, requested a variance to install 30x46-inch banners on utility poles as public signs in protected districts, to increase neighborhood visibility.
- Staff: Recommended approval, noting that signs are pedestrian-friendly and similar to those in other neighborhoods.
- Action: Approved unanimously (5-0).
Variance: 2018-DV3-057 – 4103 South Lynhurst Drive Church Sign
- Petitioner: Bobby and Renata Winter requested a variance for a 7.5-foot tall, 32-square foot pole sign with reduced setbacks, clearance, and proximity to a protected district.
- Staff: Recommended denial, citing commercialization of a residential area and availability of alternative signage (e.g., ground sign).
- Petitioner: Argued the sign was already purchased and needed for visibility; committed to not illuminating the sign and provided letters of support from the Decatur Civic Council.
- Action: Approved 4-1 (Board member Govea voted no) with a condition that the petitioner file a written commitment not to light the sign, to be recorded with the Marion County Recorder's Office.
Variance: 2019-DV3-003 – 5402 Lobo Drive Fence
- Petitioner: Tara Sumner requested a variance to legalize a six-foot tall privacy fence in the front yard on a corner lot.
- Staff: Recommended denial, citing safety concerns for pedestrians, inconsistency with residential character, and availability of alternative containment for the dog.
- Petitioner: Argued necessity to contain a dog that climbs the existing fence, and that the fence is high quality and consistent with other fences in the neighborhood. Neighbor testimony noted other similar fences were not cited.
- Action: Approved unanimously (5-0) with a condition that the petitioner move the fence along Straw Hat Drive back 15 feet from the edge of the sidewalk, to be memorialized in a recorded commitment.
Key Outcomes
- Approved waiver of refiling rule and 35-day filing rule for 2019-AP3-001 (Ace Hardware at 8902 South Meridian Street).
- Approved corrected petition 2018-DV2-052 (1230 South Talbot Street).
- Approved banner variance 2019-UV3-002 (Old Southside Neighborhood Association).
- Approved church sign variance 2018-DV3-057 (4103 South Lynhurst Drive) with commitment not to light.
- Approved fence variance 2019-DV3-003 (5402 Lobo Drive) with condition to move fence 15 feet from sidewalk.
- Several petitions continued to April 16, 2019 or May 28, 2019 hearings.
- Board adopted revised findings of fact for 2019-DV3-001 and negative findings of fact for 2018-DV3-002.
Meeting Transcript
Hey, I'm asking too late, but if you have not already done so, I need you to fill out an attendance slip indicating who you are and what petition you are here for today. They're located right over here. If you have any exhibits that you would like to submit for a petition being heard today, I would like those before this hearing begins as well. Thank you. Von Dalen, Chairperson of Division III. The other board members present are to my left, Marisol Govea and Anatoli Boschenko. And to my right, Matthew Draving and Peter Hanscom, who is an alternate from Division I. 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 Stevens, Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2. Jeffrey York, Senior Planner, Robert Eulenh, Senior Planner, Page Story, Senior Planner. Keith Holdworth 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 will 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 petitions 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. Board may the board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the parking, the paving of parking area, and the dedications 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 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 board decision of the board 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. Chairman Von Dalen, members of the board, David King with offices at 618 East Market Street here before you today on two petitions, the first being the first under the continued petitions, uh 2018 DV 3055, property located at 245 North Delaware Street. We have filed a request actually to continue this until your April hearing, but we still have not received the revised elevations from the architect, and so therefore we would appreciate continuing this to your first hearing in May. I believe that might be May. May 28th. Is that yes? I'm sorry, is that May? Yeah, I think it's May 28th, according to my Correct.
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