BZA Division 3 Hearing - August 18, 2020: Votes on Variances and Continuances
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Board of Zoning Appeals Division 3 Hearing - August 18, 2020
The Indianapolis Board of Zoning Appeals (BZA) Division 3 held a virtual public hearing on August 18, 2020, starting at 6:15 PM. The board considered several variance requests, including expedited petitions, public hearings, and administrative matters. Key decisions included approvals for a digital sign (with modifications), a manufactured home (with conditions), and a secondary dwelling unit, alongside denials for other projects. The meeting also covered continuances, adoptions of findings, and procedural motions.
Consent Calendar
- Approval of Minutes: The board unanimously approved the meeting minutes for June 16, 2020, and July 21, 2020.
- Continuance of 2020-DV3-022 (4902 Broadway Street): Continued to September 15, 2020, without additional notice, at the petitioner's request.
- Expedited Petitions: The board approved both expedited petitions in a single vote: 2020-DV3-025 (919 Eastern Avenue) and 2020-DV3-026 (7520 North Pennsylvania Street).
- Adoption of Findings: The board adopted findings for several previously heard petitions.
Public Comments & Testimony
- Jonathan Howe (President, West Indianapolis Neighborhood Congress) testified in opposition to the manufactured home variances, expressing concerns about fire safety, the loss of the 10-foot separation between dwellings, and the historical/cultural impact on the community.
- Tamara Gammon (resident at 1432 South Capus Street) opposed the variances, citing fire hazards and the closeness of homes.
- City-County Councillor Kristen Jones (District 16) spoke in support of the manufactured home variances, noting the community's historical density and WIDC's willingness to listen to neighbors.
Discussion Items
- 2020-DV1-034 (4280 Lafayette Road): Joe Calderon represented Crew Car Wash for a digital display sign on an existing pole sign. The petitioner argued it would reduce sign area and meet all operational restrictions. Staff recommended denial, citing the sign's non-conformity and lack of practical difficulty. The board approved the variance with an added 2 condition for a one-hour fire-rated wall system.
- 2020-UV3-004 (1440 Capus Street): Joe Calderon represented West Indianapolis Development Corporation (WIDC) for a manufactured home with reduced side setbacks and separation. The petitioner argued the lot's narrowness and affordability requirements necessitated the variance. Staff recommended approval, but remonstrators raised fire safety and community character concerns. The board denied the variance (1-3).
- 2020-UV3-005 (1416 Shepherd Street): The petitioner requested a continuance, which was initially opposed by remonstrators. The board denied the continuance, but the petitioner then withdrew the petition.
- 2020-DV3-027 (4604 East County Line Road): Carrie Sable represented AutoZone for a second freestanding sign. The petitioner argued AutoZone was at a advertising disadvantage. Staff recommended denial due to lack of practical difficulty and sign clutter. The board denied the variance (1-3).
- 2020-UV3-006 (941 Morgan Drive): Mark Crouch represented the property owners for a pole barn with a dwelling unit. The petitioner agreed to reduce the height and side setback. The board continued the case to September 15, 2020, without additional notice.
- 2020-UV3-007 (5712 Rake Road): Mark Callaway and Jamie Barnes represented the property owner for a secondary dwelling unit. The petitioner argued the need for a one-level home for aging parents and the property's 10-acre size. Staff recommended denial, citing the prohibition in the metro context area. The board approved the variance (3-1).
Key Outcomes
- Voted to approve 2020-DV1-034 (digital sign) - motion passed 4-0.
- Voted to deny 2020-UV3-004 (manufactured home) - motion failed 1-3.
- Voted to deny 2020-DV3-027 (AutoZone sign) - motion failed 1-3.
- Granted a continuance for 2020-UV3-006 to September 15, 2020.
- Voted to approve 2020-UV3-007 (secondary dwelling) - motion passed 3-1.
- Adopted findings for several petitions, including 2020-DV3-016 and the expedited docket.
All votes were conducted by roll call. The meeting adjourned after these items.
Meeting Transcript
All right. Um staff is representing Matt Pleasant, current planning administrator hearing specialist Heather Stephen. Can you please confirm that you can see and hear the other participants? As as well as we are all capable, I can see and hear all participants. Thank you very much. All voting today will be done by roll call. I will individually read each board member's name and ask them to vote yes or no. Board members, please respond with your last name plus your vote that it i.e. Guevaya, yes. Adoption of the meeting minutes. First on today's agenda is the adoption of the minutes for the June 16th, 2020 and the July 21st, 2020 BZA Division 3 hearing. Do any of the board members have any questions or comments or changes to the minutes? Hearing none, is there a motion to adopt the June 16th, 2020 and the July 21 2020 meeting minutes? So moved. Goodbye, so moved. Motions made by Member Guevah. And is do I hear a second? Golson Dunlap second. Thank you. And the second came from Member Golson Dunlap. I will now ask for a vote. Govaiah. Goodbye, yes. Golson Dunlop. Tate. I assume Ms. Tate has not joined us yet, and I will also vote yes, so those uh minutes are adopted. And have been um the June 16, 2020, and July 21st, 2020, BZA division three minutes have been approved. Uh we now only have three members in attendance today, which increases the possibility or actually makes it uh um mean that you need to get all three votes in favor of your uh request or your uh variance. Um hopefully Miss Tate will join us later, in which case there is a possibility we could have an indicative indecisive vote. If there is an indecisive vote, the board will take that into account when hearing continuance requests. Um as always, we go in first. Okay. There are some requests for continu. Um let's go on to requests for uh continuance withdrawals and special requests. Chairferson Bondale and staff will draw your attention to petition number 2020-db three-022 located at 4902 Broadway Street. The petitioner is still working with uh Department of Building and Neighborhood Services and is anticipating amending this petition to the point of that it may be withdrawn in the future, but before we withdraw it, I would like to make sure that he has all his permits in line. Therefore, the petitioner is requesting that this petition be continued to the September 15th, 2020 hearing without additional notice, and staff has no objection to that. Very well. Is there anyone else in attendance of the meeting that has an interest in petition number 2020 DV3-022 with an address of 4902 Broadway Street? I am not hearing anybody speak up, and I'm not hearing of anybody having a concern. That being the case, uh, and we've already heard from staff. I'll entertain a motion to continue to our September 15th hearing without additional notice. Petition number 2020 D D three-022. Motion came from uh person um member Guevaya, and do I hear a second? Golson Dunlap, second. Golson Dunlop, uh the member member Golson Dunlap gave us our second. Um I'll call the roll. Gavaia. Govaia, yes.
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