Metropolitan Board of Zoning Appeals Division 3 Public Hearing – July 21, 2020

The Metropolitan Board of Zoning Appeals (BZA) Division 3, chaired by Craig E. Von Dalen, held a virtual public hearing on July 21, 2020, due to COVID-19. The meeting included adoption of minutes, multiple continuances and special requests, approval of an expedited docket, a full hearing on a lot-split variance, and election of officers.

Adoption of Minutes

• The board adopted the minutes from the May 26, 2020 meeting by roll call vote: Gavoya (yes), Bachenko (yes), Golson Dunlap (abstained – not present), Tate (abstained – not present), Von Dalen (yes). The minutes were approved.

Continuances and Special Requests

• UV3005 (1416 Shepherd St.): Jonathan Howe (president of neighborhood congress) requested a continuance to allow neighbor input. Petitioner Corey Meyer (Innovative Planning) and Lisa Laughlin (West Indianapolis Development Corporation) opposed further delay. Staff had no objection. The board voted to continue to August 18, 2020 with additional notice. (5-0)
• UV3004 (1440 Capus St.): Howe requested continuance because the neighbor next to the property had not received notice. Petitioner opposed. Staff no objection. Board continued to August 18, 2020 without additional notice. (5-0)
• DV2012 (1660 Kessler Blvd. East Dr.): Attorney Russell Brown requested a three-day waiver of notice for an amended petition. Staff had no objection. Board granted waiver. (5-0)
• DV3025 (919 Eastern Ave.): Adam Hart (Keeler Webb Associates) requested continuance to August 18, 2020 without notice, due to pending property purchase and architect delay. Staff no objection. Board granted. (5-0)
• DB3022 (4902 Broadway St.): Staff requested continuance to August 18, 2020 without notice for an amendment. Board granted. (5-0)
• UV3003 (1712 Lafayette Rd.): Remonstrators Kim Boyd, Michael Wallin, and Claudette Peterson requested a 60-day continuance to September 15, 2020, citing lack of public input. Petitioner Joe Calderan (representing the developer) opposed, noting proper notice and support from West Side Neighborhood Association. Staff was prepared to proceed. The board voted to continue to September 15, 2020 without additional notice. (5-1, Von Dalen dissenting)
• DV1019 (6116 Guilford Ave.): Attorney Joe Calderan noted the case had remonstrance and would proceed on the regular docket.
• DV3001 (address not specified): Withdrawn per staff request – acknowledged by the board.

Expedited Docket

• The board voted to suspend rules and consider all expedited petitions as a block. No attendees requested to pull any case. The following petitions were approved by roll call vote (all yes):
  • 2020 SE3002 – 2526 S. Randolph St. (special exception for religious use)
  • 2020 DV2021 – 1660 Kessler Blvd. East Dr. (variance for three freestanding signs)
  • 2020 DV3020 – 332 W. 28th St. (variance for lot width/area)
  • 2020 DV3021 – 2112 E. Woodlawn Ave. (variance for single-family dwelling)
  • 2020 DV3023 – 908/912 E. Minnesota St. (variance for single-family dwelling)
  • 2020 DV3024 – 109 Palmer St. (variance for porch roof reconstruction)

Full Hearing: 2020 DV1019 – 6116 Guilford Avenue

• Petitioner: Daniel and Ann Lee, represented by Joe Calderan, sought a variance of development standards to split an existing oversized lot into two 44.5-foot-wide lots (required 50 feet). The amendment eliminated earlier requests for rear setback variances. The Broad Ripple Village Association supported the petition. Staff recommended approval after the amendment.
• Remonstrator: Joseph Goodrich (neighbor at 6127 Guilford Ave.) opposed, citing lack of neighbor communication, the property’s use as an Airbnb (alleging a party with drug use), and the previous denial in 2018. He argued the petition should be subject to a three-year rule.
• Staff Comments: Larry Callaway explained that the lot width definition changed in 2016, and the amended proposal (equal frontage) constituted a substantial change from the previously denied petition. Staff supported approval.
• Board Vote: 4-1 in favor (Gavoya yes, Bachenko yes, Golson Dunlap yes, Tate no, Von Dalen yes). The petition was approved.

Adoption of Findings of Fact

• The board adopted findings of fact for all approved petitions (expedited and the full hearing) by roll call vote (all yes).

Election of Officers

• Chairperson: Craig E. Von Dalen was re-elected (unanimous).
• Vice Chairperson: Marisol Gavoya was re-elected (unanimous).
• Secretary: Janice Golson Dunlap was elected (unanimous).

Key Outcomes

• Six expedited petitions approved without opposition.
• One lot-split variance (DV1019) approved despite neighbor opposition.
• Multiple continuances granted, with additional notice required for two cases.
• Officers elected for the remainder of the year.
• Meeting adjourned; next meeting scheduled for August 18, 2020 (remote).