Metropolitan Board of Zoning Appeals Division III Meeting Summary – November 19, 2019
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Metropolitan Board of Zoning Appeals Division III Meeting Summary – November 19, 2019
The Metropolitan Board of Zoning Appeals Division III convened on November 19, 2019, at 1:00 p.m. in the Public Assembly Room, 2nd Floor City-County Building, Indianapolis, Indiana. The board heard and acted on a variety of zoning variance petitions, including expedited petitions, continued cases, and new petitions. The meeting was chaired by Craig E. Von Dalen, with members Marisol Gouvey, Anatoly Boshenko, Matthew Draving, and Janet Janice Golson Dunlap present. Legal Counsel was Chris Steinmanz, and staff included Heather Stevens, Senior Board Specialist and Secretary to the Board, and other planning staff.
Consent Calendar
- No consent calendar was presented.
Public Comments & Testimony
- Support for 2019-DV3-032 (1202 S. Meridian Street): Several speakers expressed strong support for the proposed mixed-use development, citing its potential to revitalize the Old South Side neighborhood. Speakers included Justin Kingen (petitioner’s representative), Megan Hobbs (BWI), Brian Shapiro (local investor), John Bragg (Stadium Village Business Association), Judith Essex (Old South Side), and Gary Hobbs (BWI). They highlighted the project’s role as a catalyst for future development, the recent LIFT Indy grant, and community backing.
- Support for 2019-DV3-036 (Carrollton Avenue): Petitioner’s representative Mark Demerly presented in favor of the variance requests, emphasizing the community’s desire for off-street parking and citing letters of support from the Kennedy King Park Neighborhood Association and adjacent property owners.
Discussion Items
- 2019-DV3-037 (2490 N. Graham Ave.): Staff recommended approval of a variance to allow outdoor storage equaling 45% of the building (25% permitted) subject to a landscape plan for screening along the eastern and northwestern boundaries. The site is in a high-intensity industrial area, and staff found the request supportable.
- 2018-DV3-055 (245 N. Delaware St.): Staff recommended approval after the petitioner (Wheeler Mission Ministries) reduced the number of window signs from six to three on the north façade and two on the west façade. The south façade wall sign was determined to meet ordinance requirements.
- 2019-DV1-056 (155 S. Delaware St.): Staff recommended approval for a 13-sq-ft internally illuminated entry sign and a 16-sq-ft electronic variable message sign for a parking garage near Bankers Life Fieldhouse. The signs are within 500 feet of a historic district (600-foot separation required), but staff cited their small size and orientation as mitigating factors.
- 2019-MO3-001 (264 N. Rural St.): The petitioner (Joel Russell) requested a three-month continuance to work with neighborhood organizations, but the request had been continued five times over seven months with no new information. Staff recommended denial of further continuances and dismissal for lack of prosecution. The petitioner ultimately withdrew the petition.
- 2019-MO3-003 (7837 Morningside Ln.): Staff requested a continuance to December 17, 2019, to allow the Department of Public Works to comment on the proposed modification of a transportation easement.
- 2019-DV3-004 (8602-9010 Southeastern Ave.): An automatic continuance was filed by a registered neighborhood organization, moving the case to December 17, 2019. Staff discussed proposed commitments regarding sign permits and removal of illegal signs.
- 2019-DV3-032 (1202 S. Meridian St.): The petitioner sought variances for a 65-foot tall mixed-use building (105 units, 2,731 sq ft retail, 69 parking spaces) with reduced setbacks and parking. Staff recommended denial, citing inadequate parking (76 required, 69 proposed) and the availability of a petitioner-owned adjacent lot for parking. The board debated the parking issue and the petitioner argued that the parking deficiency was minimal and that the project had strong community support.
- 2019-UV3-010 (2630 S. Arlington Ave.): The petitioner requested a continuance to January 21, 2020, to provide additional information. Staff did not object, and the board granted the continuance.
- 2019-DV3-036 (1630 & 1634 Carrollton Ave.): The petitioner sought variances for two two-family dwellings with nine-foot front setbacks (18-foot required) and two-foot side setbacks for garages (four-foot required). Staff recommended approval of the front setback but denial of the side setback, citing no practical difficulty as the lots (41 feet wide) exceed the minimum 30-foot lot width and permits were issued for compliant setbacks.
- 2019-UV3-013 (2548-2556 S. Holt Rd.): The petitioner (Mars Hill Youth Center) requested a transfer and continuance to December 3, 2019, due to site plan changes that introduced a clear-sight triangle issue and access from Southern Avenue. Staff did not object, and the board granted the continuance with notice.
- 2019-DV3-038 (9600 Southeastern Ave.): The petitioner requested a continuance to December 17, 2019, to meet with city staff (DBNS). Staff did not object, and the board granted the continuance.
Key Outcomes
- 2019-DV3-037: Approved unanimously (5-0) with landscape plan commitment.
- 2018-DV3-055: Approved unanimously (5-0).
- 2019-DV1-056: Approved unanimously (5-0).
- 2019-MO3-001: Withdrawn by the petitioner.
- 2019-MO3-003: Continued to December 17, 2019, without notice.
- 2019-DV3-004: Continued to December 17, 2019, via automatic continuance.
- 2019-DV3-032: Approved despite staff recommendation for denial (5-0). The board accepted the parking license agreement and noted the project’s community support.
- 2019-UV3-010: Continued to January 21, 2020, without notice.
- 2019-DV3-036: Part A (nine-foot front setback) approved unanimously (5-0). Part B (two-foot side setback) approved 3-2 (Boshenko, Draving, Von Dalen in favor; Golson Dunlap, Gouvey against).
- 2019-UV3-013: Continued and transferred to December 3, 2019, Division I hearing, with notice.
- 2019-DV3-038: Continued to December 17, 2019, without notice.
Meeting Transcript
Ron, are you good? Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Three. I'm Craig E. Von Dalen. Excuse me, sir. Please have a seat and we're starting. I am Craig E. Von Dalen, Chair President of Division Three. The other board members present are to my left, Marisol Gouvey and Anatoly Boshenko, and to my right, Matthew Draving and Janet Janice Golson Dunlap. Legal Counsel for the board today is Chris Steinmanz. 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 Two. Jeffrey York, Senior Planner, Robert Ewenhake, Senior Planner, and Marlene Arehada, 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. 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 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 signs 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 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 dedicated right-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 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 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 red 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? None being seen will consider special requests and continuances at this time. Thank you, and good afternoon, Chairman Von Dalen. Uh members of the board, Joe Calder, an attorney with offices at 11 South Meridian, Indianapolis. I represent the petitioner in case 2019 DV3038. We would request a continuance to your December 17th meeting. This is the first request for continuance. Uh Thursday, and we feel uh it is important for our engineering staff to meet with uh city uh DBNS and in particular uh Miss Price, who is weighted on this petition. Very well. Is there anyone else in the audience with an interest in petition number 2019 DB 3-038 with an address of 9600 Southeastern Avenue? None being seen, we'll go to comments from staff, Mr. Lunick. Thank you, Chairperson Von Dalen.
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