Indianapolis Board of Zoning Appeals Division 3 Meeting - July 16, 2019
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Indianapolis Board of Zoning Appeals Division 3 Meeting - July 16, 2019
On July 16, 2019, the Indianapolis Board of Zoning Appeals Division 3 convened with four members present (Chairman Craig E. Von Dalen, Marisla Govea, Anatoli Bush/Anthony Boshenko, and Matthew Draving) to hear requests for variances and use approvals. The meeting covered continuances, expedited dockets, and regular hearings. All cases that went to a vote were approved unanimously (4-0), including one over staff's recommendation.
Continuances and Special Requests
- 2019 UV3-009 (10901 E. Washington St.): Continued to the August 20 hearing without additional notice, at the request of Norman Pace, representing the Warren Township Development Association. Later, property owner Trent Overhew objected, but the board declined to revisit the continuance.
- 2019 MO3-001 (264 N. Rural St.): Continued to the September 17 hearing without additional notice (initially misstated as September 19, then corrected) at the request of attorney David Kingan, who cited anticipated significant changes after meeting with the neighborhood association.
- 2018 DV3-055 (245 N. Delaware St.): Continued to the September 17 hearing without additional notice at the request of David Kingan, representing Goodwill Industries, due to architect changes.
- 2019 DV3-032 (1202 S. Meridian St.): Continued to the August 20 hearing. Staff (Paige Story) requested no sooner, stating the site plan had just been received and needed full review. The petitioner's request for an August 6 continuation for a tax credit project time line was denied.
- 2019 DV3-030 (719 Lincoln St.): Continued to the August 20 hearing, with new notice required if the petition is amended. The petitioner, Epifanio Carvajal, agreed.
- 2019 DV3-016 (2707 E. 79th St.): Initially moved to the expedited docket, but the petitioner never appeared. It was later continued to the August 20 hearing without additional notice.
Expedited Docket
- 2019 HOV-021 (692 Ellsworth St.): Approved 4-0. The Watermark HOA received a variance to construct a metal fence, brick screen wall, wood screen, access gate, sliding gate, and masonry columns in the Walnut Street right-of-way. Staff noted support from the City Architect and no remonstrance.
- 2019 UV3-008 (2942-2954 McPherson St.): Amended petition approved 4-0. Jane Singh sought a use variance for four two-family dwellings on undersized lots. Staff noted the condition adding 24x24-foot detached garages.
- 2019 DV3-028 (1206 Fletcher Ave.): Approved 4-0 after remonstrator William Coss withdrew his objection when the petitioner agreed to a four-foot setback. Epifanio Carvajal represented the petitioner.
- 2019 DV3-018 (1330 E. Market St.): Approved 4-0. Rachel Macintosh received a variance for a residential addition, with increased open space to 50%. Staff noted the revised site plan met open space requirements.
- 2019 DV3-029 (1546 Hoyt Ave.): Approved 4-0. Epifanio Carvajal obtained a variance for a single-family dwelling with reduced setbacks and open space, subject to a commitment to maintain the existing house.
- 2019 UV2-006 (3380 N. Sherman Dr.): Approved 4-0. Ramsey Belfira received a use variance for window tinting, tire repair/sales, car wash/detailing, and car audio sales/installation, subject to six commitments listed in the staff report.
Regular Docket
- 2019 DV3-031 (7811 Lantern Rd.): The board split the ballot and approved both requested variances 4-0. Attorney Russell Brown represented homeowners Jeffrey and Christine Ballock. The first variance allowed an accessory structure (22x22-foot detached garage) in front of the primary dwelling; the second reduced the north side setback from 15 feet to four feet. Staff (Paige Story) recommended approval of the front location but denial of the setback, arguing the 15-foot setback could be met and trees would be affected either way. The petitioner argued the reduced setback preserved heritage trees and had support from 11 neighbors. The board also received a commitment that the garage would be one story.
Key Outcomes
- All seven cases that received final votes were approved unanimously (4-0).
- One remonstrance (DV3-028) was resolved and withdrawn.
- Staff's denial recommendation on DV3-031's setback was overruled by the board.
- The board acknowledged a legal advertisement issue: petition 2019 DV3-027 was removed from this docket and reassigned as 2019 DV1041, to be heard by Division 1 on August 6, 2019.
- The board adopted revised findings of fact for 2019 DV3056 and negative findings of fact for 2019 MO302.
Meeting Transcript
I don't remember. Hey, I have to put something back in the section. It's a right hand. Yeah. Matt. But it's it's more related to the question. That's your one square. No. Yes. So far, so good. Thank you. No. I'm Craig E. Von Dalen, Chairperson of the Division Three. The other board members present are to my left, Marisla Govea and Anatoli Bush, Tony Bushenko. And to my right, Matthew Draving. 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 Calloway, Principal Planner 2. Jeffrey York, senior planner. Robert Eulin Hake, senior planner. Paige Story, senior planner, and Marlane Airita, senior planner. Keith Oldworth 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. Those who intend to testify will please remain standing and be sworn. 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 petitioners, 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 in 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 in 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, and the dedication 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 approved 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 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.
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