Indianapolis Board of Zoning Appeals Division 3 Hearing – August 5, 2020

The Board of Zoning Appeals (BZA) Division 3 met electronically on August 5, 2020 at 4:30 PM UTC, pursuant to COVID-19 executive orders allowing electronic meetings. Present were Chair Von Dalen and Members Govaia, Golson Dunlap, and Boshenko. The board handled routine approvals, expedited petitions, and two contested variance hearings. Note: The transcript's opening recitation says "June 16th, 2020," conflicting with the August 5, 2020 date provided for this meeting.

Consent Calendar

• Minutes approved: The May 26, 2020 BZA meeting minutes were adopted by unanimous consent.
• Suspension of notarization requirement: Temporarily suspended the board's rule requiring notarization of affidavits of notice and applications until August 18, 2020 (roll call: all yes).
• Suspension of posting requirement: Temporarily suspended rules requiring posting of notice on the subject property until August 18, 2020 (roll call: all yes).
• Continuance: Case 2020 DV3-001 (2050 Carrollton Avenue) was continued to the July 21, 2020 hearing without additional notice (unanimous).
• Expedited petitions: Approved in a block vote, with three votes in favor (Govaia, Golson Dunlap, and Chair Von Dalen; Member Boshenko's computer crashed before voting, but the chair counted three yes votes as approval). The petitions were:
  • 2020 DV3-017 – 4545 Central Avenue: dwelling addition variance for a 4.5-foot side setback (7 feet required).
  • 2020 DV3-018 – 108 East McCarty Street: nine-story mixed-use building encroaching into sky exposure plane.
  • 2020 DV3-019 – 960 North Pennsylvania Street: construction of a pergola creating 79% open space (85% required).

Special Request

• Remonstrator Murray Clark (representing Chip Ganassi Racing) asked the board to view a 2-minute 23-second YouTube video as part of the remonstrance case 2019 DV3-044. The board allowed it, deducting three minutes from remonstrators' allotted testimony time.

Public Hearing: Case 2019 DV3-044 – Becknell Industrial LLC, 6139 West 79th Street

• Petitioner's request: Variance of development standards to allow loading docks in the front yard along Woodland Drive (ordinance prohibits loading areas in front of the primary building) and off-site parking for an adjacent building at 7676 Interactive Way (not permitted). The parcel is undeveloped, zoned CS, and surrounded on four sides by public streets.
• Petitioner testimony (Joseph Calderon): The proposed 148,000-square-foot building cannot avoid docks facing a street because the site fronts four streets. They already reduced the building from 171,000 square feet, removed access from Woodland Drive, added a truck turnaround, and buffered with landscaping. They also sought parking relief for an office building with an "acute parking shortage."
• Remonstrators: Murray Clark for Chip Ganassi Racing argued the warehouse is incompatible with the office park, would have up to 28 loading docks, and would require clear-cutting about 100 heritage trees and relocating a stream. Mike Hull of Ganassi said Duke Properties promised the area would remain high-end office/tech. Susan Blair of Pike Township Residents Association (PTRA) said the board voted unanimously to oppose; PTRA is concerned about semi-truck traffic, loading docks, and environmental impact. PTRA noted the property can be developed with many permitted I-2 uses without variances.
• Staff recommendation: Approval subject to two commitments: a final site plan and final landscape plan for administrative approval. Staff recognized the practical difficulty of four street frontages but noted the site has approximately 98 heritage trees and no final landscape plan has been submitted.
• Vote: Approved 3–1. Members Govaia, Boshenko, and Chair Von Dalen voted yes; Member Golson Dunlap voted no.

Public Hearing: Case 2020 DV3-003 – Brad Pearson, 325 West Morris Street / 350 Kansas Street

• Petitioner's request: Variance to allow a 7-foot-tall fence in the front yard (maximum allowed: 6 feet in I-3 zone, 3.5 feet in CS zone). The chain-link fence with vinyl covering was installed by a prior owner; petitioner inherited a code violation.
• Petitioner testimony: Sarah Pearson and Brad Pearson argued the fence improves security, matches neighboring industrial properties, and is supported by surrounding business owners, residential neighbors, the Indiana State Police, and Homeland Security Investigations. They objected to a landscaping buffer, citing utility lines and crime concerns.
• Remonstrator: Judith Essex of the Old Southside Neighborhood Association said the fence is unattractive at the gateway to the neighborhood; she asked that the Morris Street frontage use an attractive fence similar to Emrich Plaza across the street. Letters from the Old Southside Neighborhood Association and Stadium Village Business Association supported staff's recommended landscaping conditions.
• Staff recommendation: Denial unless the fence is moved back six feet on the north, east, and south sides to allow a six-foot-wide evergreen landscaping buffer. Staff cited self-imposed hardship and said the petitioner's claim about the prior owner does not absolve due diligence.
• Vote: Denied 4–0 (all board members voted no).

Findings of Fact

• The board adopted findings of fact for today's approved petitions (2019 DV3-044 and the three expedited petitions). Consideration of findings from the May 26, 2020 hearing was tabled because Member Golson Dunlap had not been present at that hearing and had not reviewed them.

Key Outcomes

• Approved variances in case 2019 DV3-044 (3–1) with staff commitments.
• Denied variance in case 2020 DV3-003 (4–0).
• Approved three expedited petitions.
• Temporarily suspended notice and notarization rules through August 18, 2020.
• Approved minutes and granted a continuance.
• Tabled adoption of prior meeting's findings.