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Record of Proceedings

Metropolitan Board of Zoning Appeals Division III Meeting - August 20, 2019

Board of Zoning Appeals IIITuesday, August 20, 2019
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, August 20, 2019
StatusFILED
Video Record

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Transcript — Verbatim
2:13

I am Craig E.

2:14

Von Dalen, Chairperson of Division III.

2:16

The other board members present are to my left, Marisol Govea and Anatoly Tony Boschenko, and to my right, Matthew Driving and Janice Golson Dunlop, our new member.

2:27

Thank you very much and welcome to the board.

2:29

Legal Counsel for the Board today is Chris Steinmetz recording these proceedings today is Ron Hampton.

2:34

Staff members present today from the Division of Planning are Heather Stevens, Senior Board Specialist and Secretary to the Board.

2:40

Larry Callaway, principal planner too, Robert Eulen Hake, Senior Planner, Marlene Arahada, Arahita, senior planner, Keith Holdsworth is the current planning administrator.

2:50

The Board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today.

3:10

Those who intend to testify will please remain standing and be sworn.

3:14

Petitioners should be on your left and remonstrators on your right as you face the board.

3:19

Those who testify will state their name and address for the record before beginning to testify.

3:32

Statements and arguments in support of the petition.

3:46

Staff will then present the administrator's comments regarding the petition.

4:05

No further evidence, statements, or arguments will be heard unless it is at the discretion of the board.

5:02

Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted to by the petitioner within 30 days of completion.

5:10

Unless otherwise specified an improvement location permit must be obtained prior to the establishment of authorized improvements.

5:16

Failure to comply with the conditions of commitments of a various a variance grant is a violation enforceable by the Department of Business and Neighborhood Services.

5:25

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.

5:32

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.

5:41

Forms are available and may be obtained from the board secretary.

5:45

Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited.

5:53

Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off.

5:59

Is there anyone in the audience who has any questions about our procedures?

6:04

If not, we will consider special requests and continuances at this time.

6:16

Good afternoon, Chairperson Von Dalen, members of the board.

6:19

My name is Justin Kingan.

6:20

Address is 618 East Market Street.

6:22

Here before you today regarding petition number 2019, Z V 3032, 1202 South Meridian Street and various addresses on West Morris Street.

6:46

So we're we're willing to continue this case and remain it with BZA, your board, board three, and continue to your September hearing, which I believe is September 17th.

6:55

And this would be without our variance request will not change, so therefore this would be without additional notice.

7:01

Very well.

7:02

Is there anyone else in the audience with an interest in petition number 2019 DV 3 032?

7:07

An address of 1202 South Meridian Street, 1731, 35, 39, and 41 West Morris Street.

7:15

None being seen, we'll go to comments from staff.

7:30

Very well entertain a motion to try to uh continue to our seventeen September 17th hearing without additional notice.

7:36

Petition number 2019 DV three-032.

7:39

Second.

7:39

Hall in paper indicate by saying aye.

7:41

Aye.

7:42

Transferred.

7:43

Or continue.

7:45

Thank you.

7:45

And then once again, Justin King and 618 East Market Street here before you regarding case number 2019 UV 3010.

7:54

We have requested that this also be continued to your September 17th hearing, and this would also be without additional notice.

8:13

None being seen, we'll go to comments from staff.

8:15

Thank you, Chairperson Vondale and members of the board.

8:17

Staff has no objection to continuing this petition to the September 17th, 2019 hearing without additional notice.

8:23

Thank you.

8:23

Mr.

8:24

Ullen Hayek, I'll entertain a motion to continue to the September 17th hearing without notice.

8:28

Petition number 2019 UV 3-010.

8:31

So moved.

8:32

Second.

8:32

All in favor indicate by saying aye.

8:34

Aye.

8:34

Aye.

8:36

You are continued.

8:37

Thank you.

8:37

Thank you.

8:46

It's okay.

Discussion Breakdown — Share of Meeting
Procedural██████████████████████████████████████████42%
Zoning and Land Use█████████████████████████████████████37%
Sign Regulation███████████████████19%
Garage Regulation██2%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division III Meeting - August 20, 2019\n\nThe Metropolitan Board of Zoning Appeals Division III met on August 20, 2019, at 1:00 p.m. in the Public Assembly Room of the City-County Building, Indianapolis, Indiana. Board members present were Chairperson Craig E. Von Dalen, Marisol Govea, Anatoly Tony Boschenko, Matthew Driving, and Janice Golson Dunlop. Legal counsel was Chris Steinmetz. Staff from the Division of Planning included Heather Stevens, Larry Callaway, Robert Eulen Hake, Marlene Arahada, Keith Holdsworth, and others. The meeting addressed several variance petitions, including continuances, expedited items, and new cases.\n\n### Continuances and Procedural Matters\n- 2019-DV3-032 (1202 South Meridian Street / West Morris Street): Continued to September 17, 2019, without additional notice at the petitioner's request.\n- 2019-UV3-010 (2630 South Arlington Avenue): Continued to September 17, 2019, without additional notice at the petitioner's request.\n- 2019-UV3-009 (10901 East Washington Street): Continued to September 17, 2019, without additional notice after a request by remonstrator Norman Pace (Warren Township Development Association), who was hospitalized. The petitioner objected but the board granted the continuance.\n- 2019-DV3-034 (2905-2927 North Central Avenue / 508 East 29th Street): Continued to September 17, 2019, with additional notice to allow time for revised plans.\n- 2019-DV3-030 (Amended) (719 Lincoln Street): A five-day waiver of legal notice for the amended petition was granted, as the second notice was deficient.\n\n### Petition 2019-DV3-016: 2707 East 79th Street\n- Request: Variance to construct a garage with a zero-foot front setback from Temple Avenue (25 feet required). The previous garage burned down.\n- Staff Recommendation: Approval subject to substantial compliance with the August 19, 2019 site plan (reduced garage size compared to original).\n- Outcome: Unanimously approved (5-0).\n\n### Petition 2019-DV3-030 (Amended): 719 Lincoln Street\n- Request: Variance to build a single-family dwelling with attached garage: 5-foot front setback, 4- and 6-foot separations between dwellings, and 51% open space (18-foot front setback, 10 feet between dwellings, 60% open space required). The small lot (4,031 sq. ft.) created practical difficulties.\n- Staff Recommendation: Approval.\n- Outcome: Unanimously approved (5-0).\n\n### Petition 2019-UV3-011: 1045 Harding Court\n- Request: Variance of use and development standards to legally establish a lot with 52 feet of frontage (75 required), expand a cryogenic air separation facility, and allow reduced side setbacks (25 ft south, 9 ft west; 30 ft required). The use existed since 1975.\n- Staff Recommendation: Approval, finding no detrimental impact.\n- Outcome: Unanimously approved (5-0).\n\n### Petition 2019-DV1-029: 1306 Olive Street\n- Request: Variance to permit additions to a single-family dwelling with a 1-foot north side setback, 5-foot front setback, and 3 feet between dwellings (3-foot side, 10-foot separation, 18-foot front required). The property had a stop-work order for exceeding a remodel permit.\n- Staff Recommendation: Initially denial; after a commitment ensuring the adjacent property (1304 Olive Street) would develop with a 10-foot separation from the shared property line, staff supported approval.\n- Outcome: Approved (5-0).\n\n### Petition 2018-DV3-061 (Amended): 8800 Keystone Crossing\n- Request: Variance to allow a 15x60 ft (900 sq. ft.) banner sign as an off-premise advertising sign on a parking garage, within 150 ft of a protected district and 25 ft of an entrance roadway, for a temporary period until January 31, 2020. Maximum billboard size is 672 sq. ft.; off-premise signs are not permitted on buildings. The petitioner argued the sign frame had a valid on-premise permit since 2012 and the temporary use was for Indiana State University.\n- Staff Recommendation: Denial, citing size (40% larger than maximum), potential driver distraction near the Keystone Avenue/I-465 interchange, and lack of practical difficulty.\n- Board Discussion: The board considered the temporary nature and the petitioner's agreement to remove the sign. The neighborhood organization (Nora Northside Community Council) did not object.\n- Outcome: Approved (5-0).\n\n### Petition 2019-DV3-033: 2936 South Kenyon Drive\n- Request: Variance to construct a detached garage with a 2.5-foot north side setback and located in front of the established front building line (7-foot side setback required; accessory structures not permitted in front of the building line). The petitioner stated neighbors had no objection and the location was convenient.\n- Staff Recommendation: Denial, citing adequate room in the rear yard, potential impact on a drainage swale, and no demonstrated practical difficulty.\n- Outcome: Denied (2-3). Voting yes: Govaia and Boschenko. Voting no: Golson Dunlop, Driving, and Von Dalen. The case was continued for adoption of findings of fact.\n\n### Key Outcomes\n- Five petitions were approved, one was denied.\n- Continuances were granted for four petitions to the September 17, 2019 hearing.\n- A five-day waiver of notice was granted for the amended petition at 719 Lincoln Street.\n- The board recorded a total of 28 votes (23 in favor, 3 opposed) across all decided cases.

Meeting Transcript

I am Craig E. Von Dalen, Chairperson of Division III. The other board members present are to my left, Marisol Govea and Anatoly Tony Boschenko, and to my right, Matthew Driving and Janice Golson Dunlop, our new member. Thank you very much and welcome to the board. 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 too, Robert Eulen Hake, Senior Planner, Marlene Arahada, Arahita, 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. 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. Statements and arguments in support of the petition. Staff will then present the administrator's comments regarding the petition. No further evidence, statements, or arguments will be heard unless it is at the discretion of the board. Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted to by the petitioner within 30 days of completion. Unless otherwise specified an improvement location permit must be obtained prior to the establishment of authorized improvements. Failure to comply with the conditions of commitments of a various 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 will consider special requests and continuances at this time. Good afternoon, Chairperson Von Dalen, members of the board. My name is Justin Kingan. Address is 618 East Market Street. Here before you today regarding petition number 2019, Z V 3032, 1202 South Meridian Street and various addresses on West Morris Street. So we're we're willing to continue this case and remain it with BZA, your board, board three, and continue to your September hearing, which I believe is September 17th. And this would be without our variance request will not change, so therefore this would be without additional notice. Very well. Is there anyone else in the audience with an interest in petition number 2019 DV 3 032? An address of 1202 South Meridian Street, 1731, 35, 39, and 41 West Morris Street. None being seen, we'll go to comments from staff. Very well entertain a motion to try to uh continue to our seventeen September 17th hearing without additional notice. Petition number 2019 DV three-032. Second. Hall in paper indicate by saying aye. Aye. Transferred. Or continue. Thank you. And then once again, Justin King and 618 East Market Street here before you regarding case number 2019 UV 3010. We have requested that this also be continued to your September 17th hearing, and this would also be without additional notice. None being seen, we'll go to comments from staff. Thank you, Chairperson Vondale and members of the board. Staff has no objection to continuing this petition to the September 17th, 2019 hearing without additional notice. Thank you. Mr. Ullen Hayek, I'll entertain a motion to continue to the September 17th hearing without notice.

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