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Record of Proceedings

Metropolitan Board of Zoning Appeals Division III Meeting - September 15, 2020

Board of Zoning Appeals III — Tuesday, September 15, 2020
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, September 15, 2020
StatusFILED
Video Record
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Transcript — Verbatim
1:17

Okay, I just ended it.

1:18

Oh, and Tony's here.

1:19

Hi, Tony.

1:25

It is one o'clock, sir.

1:27

If you are ready.

1:29

I am ready.

1:31

Tony looks ready.

1:39

Tony.

1:41

I don't know if you are trying to speak, but I do not hear you.

1:48

Okay, are we prepared to start?

1:50

Well, I just want to confirm Tony can Mr.

1:53

Boshenko's audio.

1:58

Yes, sir.

2:02

Thank you, Tony.

2:04

All right.

2:09

I am prepared, sir.

2:10

All right.

2:11

Um, let's get through a few housekeeping items really quick.

2:14

Um please, if you are in in if you're uh monitoring this hearing, please remain muted unless you are speaking.

2:20

This will help reduce and eliminate feedback and static.

2:23

If you're experiencing bandwidth issues, that you can turn off the video feature and still participate via audio with the program.

2:31

Also, it's helpful to close other programs and windows, disconnect from any VPN you're connected to it, etc.

2:37

And this will help with connectivity issues and ensure pastors.

2:41

Good afternoon.

2:42

I'm going to call the board the September 15th, 2020 meeting to order.

2:46

This is a public hearing of the Metropolitan Board of Zonic Appeals Division 3.

2:49

I am Craig E.

2:50

Von Dalen, the chairperson of Division 3.

2:52

Executive orders issued by Governor Holcomb and Mayor Hogset regarding regard regarding COVID 19 guidelines and restrictions enable us to conduct today's meeting electronically.gov.

3:29

I'm gonna spell that out.

4:24

So do you want me to go ahead and go through all of them and and confirm?

4:28

Um why don't we wait and go to each individu as we go through each individual case and and go that direction.

4:53

I don't know what to say on it.

4:54

I'm sorry.

4:56

Matt Mr.

4:57

Pleasant has just joined the the meeting.

5:00

I'm gonna ask him really I'm gonna defer to him and also for to uh Chris Steinman, our real counsel.

5:04

We have a large number of call-in users.

5:07

Um is it okay if we wait till each individual case to have them identified and whoever has their mic unmuted with the child crying in the background, please mute the mic.

5:16

That is me.

5:17

My kids are going to sleep.

5:19

Sorry, Matt.

5:20

I'll try to make this brief.

5:21

Um so I from my understanding is that the vast majority of these 5G proposals are being automatically continued for a month.

5:32

It would be great to identify which ones those are, which date those are going to be.

5:37

I do understand there are two of them still open for public hearing today.

5:42

It is also my understanding that legal counsel uh Russell Brown is going to be making your special request for continue those additional two.

5:50

Um after such, if you guys, if you the board are inclined to um approve that continuance, then we'll see what happens after that.

5:59

Otherwise, if you are open to hearing those today, again it's it's up to you and what Mr.

6:04

Brown has to say about that.

6:06

Um, and then I think it'd be best interest to go through the rest that are still here that wish to speak on those two matters and anything else subsequently after that.

6:16

Okay, so in the interest of time, I think it would be best if we just waited until individual cases came up to identify those who are online um since there are a large number of them.

6:26

So I'm going to move past that on the agenda, and I will go now and identify and ask the board members to verbally confirm that they can see and hear other participants.

6:36

I'll individually read each board member's name.

6:39

Please acknowledge that you are present when you are called on.

6:42

Marisogave.

6:44

President, I can see and hear Janice Gulson Dunlap.

6:49

Janice Golson Dunlap, I can see and hear.

6:55

Anatoli Bashenko.

6:57

I can hear and uh see you.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████61%
Cell Tower Regulation███████████████████████31%
Sign Regulation██████8%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division III Meeting - September 15, 2020

The Metropolitan Board of Zoning Appeals (BZA) Division III held a public hearing on September 15, 2020, at 1:00 PM via WebEx, in compliance with COVID-19 executive orders. Chairperson Craig E. Von Dalen presided with board members Guevaya, Janice Golson Dunlap, and Anatoli Bashenko (four members present). The agenda included numerous variance petitions, primarily for small cell wireless facilities (5G) and residential development standards. The board handled continuances, withdrawals, and expedited approvals.

Public Comments & Testimony

  • Kevin Malley (349 West 46th Street) requested that all interested parties be notified of the continuance of petition 2020-DV3-037 to September 22, 2020.
  • Jean Robertson (402 Buckingham Drive) agreed with the continuance but also requested notification of all interested parties.
  • No other public comments were made on other petitions.

Special Requests & Continuances

  • Russell Brown (attorney for Verizon Wireless) requested a one-week continuance (to September 22, 2020) for petitions 2020-DV3-033 and 2020-DV3-037, to allow submission of revised findings of fact. The board granted the continuance without additional notice after hearing public comments.
  • Mark Crouch (petitioner for 2020-UV3-006, 941 Morgan Drive) requested the petition be moved to the expedited docket, agreeing to staff's condition of an eight-foot east side setback. Staff had no objection, and the board approved the expedited placement.
  • Joe Calderon (attorney for petitioner) withdrew petition 2020-UV3-003 (1718 Lafayette Road and 2438 West 17th Street) at the petitioner's request. The board acknowledged the withdrawal.
  • Automatic continuances were acknowledged for six Verizon Wireless small cell petitions (2020-DV3-029 through 2020-DV3-036, except 2020-DV3-033 and 2020-DV3-037 which were continued separately) filed by registered neighborhood organizations, continuing them to the October 20, 2020 hearing without additional notice.
  • 2020-DV3-022 (4902 Broadway Street) was continued to the October 20, 2020 hearing at the petitioner's request, without additional notice, to allow time to amend the petition and obtain permits. The board approved.

Discussion Items

  • Expedited Petitions: Two petitions were heard on the expedited docket.
    • 2020-DV3-028 (322 North Highland Avenue): Variance to allow a detached garage accessory to a two-family dwelling with 51% open space (55% required). The petitioner confirmed agreement with the staff report and findings of fact. The board approved unanimously.
    • 2020-UV3-006 (941 Morgan Drive): Variance of use and development standards for a 336-square foot addition and a 1,680-square foot pole barn (height variance). Following staff's amended recommendation, the petitioner agreed to an eight-foot east side setback, and the petition was moved to expedited docket. The board approved the amended request unanimously.

Key Outcomes

  • Approved Expedited Petitions:
    • 2020-DV3-028: Approved (4-0).
    • 2020-UV3-006 (as amended): Approved (4-0).
  • Continued to September 22, 2020 Hearing:
    • 2020-DV3-033 and 2020-DV3-037 (Verizon small cell petitions) – continued without additional notice.
  • Continued to October 20, 2020 Hearing:
    • 2020-DV3-022 (Broadway Street) – continued at petitioner's request.
    • 2020-DV3-029, 2020-DV3-030, 2020-DV3-031, 2020-DV3-032, 2020-DV3-034, 2020-DV3-035, 2020-DV3-036 (Verizon small cell petitions) – automatically continued by neighborhood organizations.
  • Withdrawn:
    • 2020-UV3-003 (Lafayette Road/17th Street – police station) – withdrawn by petitioner.
  • Next Steps: The board noted that the results of the hearing would be posted on the city's website, and the amended docket for the September 22, 2020 hearing would be updated online.

Meeting Transcript

Okay, I just ended it. Oh, and Tony's here. Hi, Tony. It is one o'clock, sir. If you are ready. I am ready. Tony looks ready. Tony. I don't know if you are trying to speak, but I do not hear you. Okay, are we prepared to start? Well, I just want to confirm Tony can Mr. Boshenko's audio. Yes, sir. Thank you, Tony. All right. I am prepared, sir. All right. Um, let's get through a few housekeeping items really quick. Um please, if you are in in if you're uh monitoring this hearing, please remain muted unless you are speaking. This will help reduce and eliminate feedback and static. If you're experiencing bandwidth issues, that you can turn off the video feature and still participate via audio with the program. Also, it's helpful to close other programs and windows, disconnect from any VPN you're connected to it, etc. And this will help with connectivity issues and ensure pastors. Good afternoon. I'm going to call the board the September 15th, 2020 meeting to order. This is a public hearing of the Metropolitan Board of Zonic Appeals Division 3. I am Craig E. Von Dalen, the chairperson of Division 3. Executive orders issued by Governor Holcomb and Mayor Hogset regarding regard regarding COVID 19 guidelines and restrictions enable us to conduct today's meeting electronically.gov. I'm gonna spell that out. So do you want me to go ahead and go through all of them and and confirm? Um why don't we wait and go to each individu as we go through each individual case and and go that direction. I don't know what to say on it. I'm sorry. Matt Mr. Pleasant has just joined the the meeting. I'm gonna ask him really I'm gonna defer to him and also for to uh Chris Steinman, our real counsel. We have a large number of call-in users. Um is it okay if we wait till each individual case to have them identified and whoever has their mic unmuted with the child crying in the background, please mute the mic. That is me. My kids are going to sleep. Sorry, Matt. I'll try to make this brief. Um so I from my understanding is that the vast majority of these 5G proposals are being automatically continued for a month. It would be great to identify which ones those are, which date those are going to be. I do understand there are two of them still open for public hearing today. It is also my understanding that legal counsel uh Russell Brown is going to be making your special request for continue those additional two. Um after such, if you guys, if you the board are inclined to um approve that continuance, then we'll see what happens after that. Otherwise, if you are open to hearing those today, again it's it's up to you and what Mr. Brown has to say about that.

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