Indianapolis Board of Zoning Appeals Division 3 Meeting - May 27, 2020

Note: The meeting date specified for this summary is May 27, 2020, per the instruction. However, the transcript repeatedly references the meeting date as "May 26, 2020." This discrepancy is noted; the content below reflects the actual proceedings as recorded.

The Board of Zoning Appeals Division 3 met electronically via WebEx at approximately 2:00 PM due to COVID-19 restrictions. The meeting included adoption of prior minutes, multiple continuances, special requests, approval of seven expedited petitions in a block vote, and three full public hearings on variance and special exception requests. Voting was conducted by roll call with four board members (Reuter, Govaia, McKay, Hampton) and Chairperson Von Dalen.

Consent Calendar

• Minutes: The minutes from the April 21, 2020 meeting were adopted unanimously (5-0).
• Expedited Petitions: Seven expedited petitions (2020 DV3-008 through 016, with 016 amended) were approved in a block vote (5-0). These included variances for setbacks, open space, and garage construction. The findings of fact for these petitions were later adopted unanimously.

Public Comments & Testimony

• 2020 SE3-001 (McLaughlin Street): Six remonstrators spoke in opposition to a special exception for a religious use with a parking lot. Key concerns included increased traffic and noise on a narrow, dead-end street, danger to pedestrians (no sidewalks), potential flooding from paved area, and incompatibility with the quiet residential neighborhood. Residents noted existing traffic from a community garden. Speakers: Barbara Johnson (3338 McLaughlin St), Brian Rigney (7135 Mary Ann Ct), Diana Larison (3227 McLaughlin St), Paula Reynolds (3345 McLaughlin St), Ann Eric (7061 Mary Ann Ct), Whitney Bowman (3409 McLaughlin St), Lisa Rodruck (3346 Gravely Dr), Jason Eagleson (3423 Harmon Dr), Tracy Steinkey (3339 Harmon Dr), Kevin Steinkey (3339 Harmon Dr), and Tim Jordan (3240 Harmon Dr).

Discussion Items

• 2020 DV3-011 – 3317 Graceland Avenue: Petitioner Sarah Walters requested a variance to add a front porch, resulting in 56% open space (60% required). Staff argued the hardship was self-imposed due to a large addition (42% footprint increase), and the parcel met minimum lot size. A small porch slab already existed. The board voted 4-1 to deny (only Von Dalen supported).
• 2020 DV3-012 – 375 South Franklin Road: Petitioner requested a 0.5-foot north side setback for a house addition and garage rebuild, citing an existing slab and desire for uniform construction. Staff noted the foundation could be shifted south by eight inches to meet the 7-foot setback. No remonstrators appeared. The board voted 4-1 to approve (Von Dalen opposed).
• 2020 SE3-001 – 3410 McLaughlin Street: Petitioner Tom VanderLugt (representing Pastor Matou) sought a special exception for a religious use (prayer house, worship services up to 40 people, Bible studies). The property is at the end of a dead-end street with only 50 feet of frontage, no municipal sewer/water. Staff recommended denial, citing inadequate access, potential traffic impacts, and non-compliance with comprehensive plan guidelines for religious uses near arterial streets. Staff offered three commitments if approved: obtain a commercial septic permit, submit an amended plan prohibiting outdoor activities, and hard-surface the parking lot by September 30, 2020. Petitioner agreed to these commitments. Despite extensive remonstrator testimony, the board voted 4-1 to deny (only Von Dalen supported).

Key Outcomes

• Votes:
  • 2020 DV3-011: Denied (4-1)
  • 2020 DV3-012: Approved (4-1)
  • 2020 SE3-001: Denied (4-1)
• Continuances Granted:
  • 2020 DV1-019 (616 Guilford Ave) continued to July 21, 2020, with additional notice.
  • 2020 DV3-001 (2050 Carrollton Ave) continued to June 16, 2020, without additional notice.
  • 2020 DV3-003 (325 W Morris St/350 Kansas St) continued to June 16, 2020, without additional notice.
  • 2019 DV3-044 (6139 W 79th St) continued to June 16, 2020, without additional notice.
  • 2020 DV3-007 (5653 Brendan Way West Dr) continued to June 16, 2020, without additional notice (over objection).
• Special Requests Approved:
  • Two-day waiver of notice for 2020 DV3-009 (1215 Union St) and 2020 DV3-012 (375 S Franklin Rd).
  • Expedited status granted for 2020 DV3-016 (6331 W Morris St) after withdrawing a variance request.
• Directive: Staff will prepare findings of fact for the denied petitions (2020 DV3-011 and 2020 SE3-001) to be adopted at a future meeting.