Metropolitan Board of Zoning Appeals Division III Public Hearing - May 28, 2019
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Metropolitan Board of Zoning Appeals Division III Public Hearing - May 28, 2019
The Metropolitan Board of Zoning Appeals (BZA) Division III convened at 6:15 PM on May 28, 2019, with Chairperson Craig E. Von Dalen presiding. Members present included Maris Algovea, Anatoly "Tony" Boschenko, Matthew Draving, and alternate Margaret Banning. Legal counsel Chris Steinmetz and planning staff provided support. The board considered variance requests, continuances, withdrawals, and a dismissal. Eight variances were approved, nine cases were continued to future hearings, one petition was dismissed, and one case was transferred to another board. Decisions were based on evidence presented and staff recommendations.
Continuances, Withdrawals, and Special Requests
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2019 DV 3015 (49 West Maryland Street): Continued to June 18, 2019, without additional notice at the petitioner's request for additional staff discussions. Staff had no objection.
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2018 DV 1044 (2729 Madison Avenue): The petitioner withdrew portions of the variance request concerning storage of operable vehicles exceeding 25% of gross floor area, the handicapped space, and the front yard setback. The remaining request to legally establish zero-foot side and rear setbacks was moved to the expedited docket.
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2019 MO 3001 (264 North Rural Street): Continued to June 18, 2019, without additional notice to allow the petitioner to appear before the neighborhood organization.
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2018 DV 3055 (245 North Delaware Street): Continued to the Board's July 16, 2019 hearing without additional notice. Staff noted a conflicting email request to transfer the case to Board 2 on July 9, but the board accepted the petitioner's oral request for July 16.
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2019 DV 3013 (7645 West 96th Street): Continued and transferred to the June 11, 2019 hearing of BZA Board 2, without additional notice.
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2019 DV 3010 (1301 East Market Street): Continued to June 18, 2019, without additional notice to work with staff.
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2019 DV 3019 (1048 St. Peter's Street): After staff recommended the open space be reduced to 50%, the petitioner agreed and the case was moved to the expedited docket.
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2019 UV 3006 (6780 West Washington Street): With staff recommending approval and McDonald's Corporation resolving its concerns, the petitioner requested expedited review, and the board moved it to the expedited docket.
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2019 DV 3016 (2707 East 79th Street): A registered neighborhood organization filed a timely automatic continuance; the board acknowledged the continuance to June 18, 2019.
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2018 DV 3056 (3615 White Cedar Court): Continued to June 18, 2019, without additional notice at the petitioner's request due to complications with an adjoining property owner.
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2017 UV 3024 (7960 West Washington Street): Dismissed by a unanimous board vote because the petitioner indicated they would not proceed and did not submit a formal withdrawal letter.
Expedited Cases Approved
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2019 DV 3020 (4500 Kessler Boulevard East Drive): Approved 5-0 to legally establish accessory structures (pool, pergola, fire pit, outdoor kitchen) in the front yard. The petitioner agreed with the staff report.
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2019 DV 3021 (837 North Temple Avenue): Approved 5-0 for a front porch with a 5.5-foot front setback and reduced separation between dwellings. The petitioner stated the porch would not protrude beyond the southern neighbor's structure.
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2019 DV 3022 (223 and 227 West 28th Street): Approved 5-0 for two single-family dwellings with 10-foot front setbacks and zero off-street parking spaces. Habitat for Humanity's representative cited the very small lots (2,800 square feet) and available on-street parking. Staff recommended approval subject to site plans filed April 18, 2019.
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2019 DV 3023 (7474 Central Avenue): Approved 5-0 for a garage addition with two-foot overhangs, 6-foot side setback, and 8-foot aggregate side setback. The petitioners stated neighbors and the Town of Meridian Hills supported the request.
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2018 DV 1044 (2729 Madison Avenue) as amended: Approved 5-0 to legally establish an automobile repair shop with zero-foot side and rear setbacks. The building has existed at the location for over 50 years, verified by aerial photographs.
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2019 DV 3019 (1048 St. Peter's Street): Approved 5-0 for a detached garage creating 50% open space (60% required).
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2019 UV 3006 (6780 West Washington Street): Approved 5-0 to allow outdoor sales, display, storage, and repair of construction equipment on the former Target property, expanding McAllister Machinery. Staff recommended approval.
Public Hearing and Testimony: 2019 DV 3017 (Tattoo Parlor)
- 2019 DV 3017 (2627 Shelby Street): The petitioner, John DeWez, sought a variance to operate a tattoo parlor within 70 feet of a protected district (1,000-foot separation required). He testified he had invested over $13,000 of his own money and would be forced to move or close if denied. He had not operated the business yet and was three days from opening when the violation was flagged. Supporters included Cheryl Dillenback, president of the Garfield Park Neighbors Association, who reported unanimous board and neighborhood support; and Ed Mahorn, speaking for Big Car and the Garfield Park land use committee, who described the area's revitalization and noted commitments by the petitioner to restrict hours from noon to 10 p.m. and limit signage to the front window. No remonstrators appeared. Staff recommended denial, stating that lack of ability to find another location or financial hardship did not constitute a practical difficulty under the zoning ordinance. After discussion, the board voted 5-0 to approve the variance with the two commitments made binding by legal counsel.
Discussion and Continuance: 2019 DV 3018 (1330 East Market Street)
- 2019 DV 3018 (1330 East Market Street): The petitioners, Rachel McIntosh and David Chesnik, sought variances for an addition to an existing single-family dwelling (13.5-foot front setback, 1-foot side setback, 7 feet between dwellings) and a detached garage with a secondary dwelling unit (3-foot side setback, 42% open space). They cited medical needs, aging in place, and historic preservation. Staff recommended denial, primarily due to the reduction in open space (55% required) and the absence of a practical difficulty because the site meets zoning standards. During the hearing, staff noted the garage could be reduced and reconsidered. The board suggested the petitioners work with staff and continue the case. The board voted to continue to June 18, 2019, without additional notice.
Key Outcomes
- Variances approved (5-0): 2019 DV 3020, 2019 DV 3021, 2019 DV 3022, 2019 DV 3023, 2018 DV 1044 (amended), 2019 DV 3019, 2019 UV 3006, 2019 DV 3017.
- Cases continued: 2019 DV 3015, 2019 MO 3001, 2018 DV 3055, 2019 DV 3013 (transferred to Board 2), 2019 DV 3010, 2019 UV 3004 (to June 18 with notice), 2018 DV 3056, 2019 DV 3018, and 2019 DV 3016 (automatic continuance).
- Petition dismissed: 2017 UV 3024.
- Commitments imposed: For 2019 DV 3017, the tattoo parlor must operate only from noon to 10 p.m. and have signage only on the front-facing window.
Meeting Transcript
All right. Call to order. This is a public hearing of the Metropolitan Board of Zoning Appears 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 Anatoly, Tony Boschenko. To my right, Matthew Draving and Margaret Banning, who is filling in as an alternate from Division 2. 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 Eulenhake, 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 remain 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 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 rule of procedure, including posting of the notice signed on 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 the 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 the right of way are examples. These conditions and commitments are as integral as are an integral part of the board's decision 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 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 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'll consider special requests and continuances at this time. Thank you and good afternoon, Chairman Von Dalen, members of the board, Joe Calderon, 11 South Meridian, Indianapolis. I represent the petitioner in 2019 DV 3015, 49 West Maryland Street is the property address. We would ask for continuance to June 18th to have additional discussions with staff. I think that matches exactly what's in your packet anyway, but since I'm here for other cases, I thought I'd make the request. With or without additional without additional notice. 2019 D V three oh one five 49 West Maryland Street is the property address we would ask for continuance to June 18th to have additional discussions with staff I think that matches exactly what's in your packet anyway but since I'm here for other cases I thought I'd make the request with or without additional notice without additional notice is there anyone in the audience with an interest in petition number two thousand nineteen D V three-015 with an address of 49 West Maryland Street None being seen we'll go to comments from staff thank you Chairman von Dalen staff have no objection to discontinuance it would be to the June 18th hearing for 2019 D V three zero one five without notice very well I'll entertain a motion to continue without additional notice petition number two thousand nineteen D V three-015 So moved second second all in favor indicate by saying aye aye turn your mic on when you're Chairperson Von Dalen excuse me members of the board David King and with offices at 618 East Market Street here before you on case 2018 D V 1044 as amended property at 2729 Madison Avenue representing Puritan Home Funding Company we have submitted a withdrawal letter to withdraw portions of the variance dealing with the storage of operable vehicles uh exceeding 25 percent of the gross floor area of the building and those uh issues regarding the handicapped space and the front yard setback request we still are requesting that the variance for the legally establishing of the building um be considered today and with that with that request we would ask that the remaining portion of the variance be moved to the expedited portion of your docket we know of no remonstrance and we do have staff support for that portion of the request so you're requesting to be moved to the expedited petition please all right um is there anyone else in the audience with the interest in petition number two thousand eight DV1-044 with an address of 2729 Madison Avenue no one else being seen we'll go to comments from staff Mr.
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