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Record of Proceedings

Metropolitan Board of Zoning Appeals Division III Meeting - October 20, 2020

Board of Zoning Appeals III — Tuesday, October 20, 2020
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, October 20, 2020
StatusFILED
Video Record
Meeting Thumbnail
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Transcript — Verbatim
0:52

Um Heather, are you okay with us starting probably at uh one o'clock?

1:01

Yes, sir.

1:03

At one.

1:05

Yes.

1:06

Minute.

1:07

Val appears to be in a car.

1:09

Is that a problem or is that okay?

1:16

Well as long as she's not putting herself or others at risk.

1:19

I think there's nothing stopping her from being in the hearing in a vehicle, but okay.

1:28

But I want her to be careful.

1:49

I'm doing the same thing, Marisol has next.

2:04

All right, everybody, it's one o'clock, so I'm gonna get started.

2:06

Uh here's a couple of housekeeping keeping items.

2:09

Um all our WebEx participants, please remain muted unless you are speaking.

2:14

This will help reduce eliminate feedback and static.

2:17

If a participant is experiencing bandwidth issues, they can turn off the video feature and still participate via audio.

2:24

Also, it's helpful to close other programs and windows, disconnect from a VPN, etc.

2:30

This will help with the connectivity and ensure faster speeds.

2:34

The BCA three hearing of October 20, 2020 will now come to order.

2:38

This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Three.

2:42

I'm Craig E.

2:43

Von Dalen, Chair Person of Division Three.

2:46

Executive orders issued by Governor Holcomb and Mayor Hogset regarding COVID nineteen guidelines and restrictions enable us to conduct today's meetings electronically.

2:54

The City of Indianapolis hold public hearings in high regard for public input.

2:59

We will use reasonable efforts to carry out the public hearing online and do not accept liability for equipment failure, inability to ac access the internet, or software malfunctions related to the operating operations of the hearing.gov I'll spell that out.

3:29

Or the planner aside to the case twenty-four hours prior to the meeting to ensure your comments are included in the record.

4:17

Sorry, Mashinko, I can hear her and uh her thank you.

4:22

Val Tate.

4:24

Val Tate.

4:26

Thank you.

4:27

And I can also see and hear everyone.

4:29

I will now ask the DMD and Office of Corporation Council staff members to verbally confirm that they can see and hear the other participants.

4:43

Thank you.

4:43

I can see in here.

4:45

Larry Callaway, principal planner too.

4:53

Larry.

5:00

Oh, there he is.

5:02

Go ahead.

5:05

I can see it here.

5:06

Thanks.

5:06

Thanks, Larry.

5:07

Kathleen Blackham, Senior Planner.

5:10

Thank you, Chairperson Von Day.

5:12

I can see and hear everyone.

5:14

Thank you.

5:14

Jeffrey York, Senior Planner.

5:16

And thank you, Chairfars Von Allen.

5:18

I can see and hear.

5:19

Excellent.

5:19

Robert Eulhake, Senior Planner.

5:21

Thank you, Chairperson Von Dale.

5:23

I can see and hear everyone.

5:25

Very well.

5:25

Marilyn Marilaney, Eraita, Senior Planner.

5:30

Thank you, Chairman Von Dalen.

5:31

I can see and hear everyone.

5:33

Thank you.

5:33

Allison Richardson, Senior Planner.

5:37

Thank you, Chairperson Von Dalen.

5:38

I can see and hear everyone.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████48%
Legal and Liability█████████10%
Land Use Regulation█████████10%
Zoning and Land Use█████████10%
Public Engagement███████7%
Cell Tower Regulation███████7%
Sign Regulation█████5%
Personnel Matters██2%
Permitting Process█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division III Meeting - October 20, 2020

The Metropolitan Board of Zoning Appeals (BZA) Division III met on October 20, 2020, at 1:00 PM via WebEx, under COVID-19 guidelines. The agenda included numerous variance petitions, primarily from Verizon Wireless for small cell wireless communications facilities, as well as several other development and use variance requests. The meeting saw multiple withdrawals, continuances, and one expedited approval. Public testimony highlighted concerns about the impact of small cell poles on residential neighborhoods and opposition to transferring cases to other BZA divisions.

Public Comments & Testimony

  • Susan Blair (President, Pike Township Residence Association) opposed transfers of Verizon cases to other boards, stating no justification, but did not object to continuances within Division III.
  • Eric White (President, North Willow Farms HOA) requested that cases proceed as scheduled or be continued to the board's next hearing, citing the expense and effort of preparation.
  • Katherine Watson (resident at 8204 Claridge Road) opposed continuances, arguing the neighborhood had made its position clear and no new information justified delay.
  • Miles Groot (VP, Meridian Woods HOA) seconded Watson's objections to continuances.
  • Anthony Burke (Secretary, North Side Community Council) reluctantly agreed to continuances but strongly opposed transfers, calling them "unacceptable."
  • Kyle Hunter (resident at 5638 Revolutionary Drive) opposed continuances due to the burden of taking time off work and the lack of valid reasons beyond counsel's absence.
  • Rusty Reed (resident at 5769 Wildwood Avenue) opposed continuance and transfer for case 2020-DV3-035, noting the proposed pole was in his front yard.
  • Emma Clust (Meridian-Kessler Land Use Committee chair) opposed transfer but not continuance for case 2020-DV3-035.
  • Sarah Crosby (attorney for Bire Sale Neighborhoods Association) objected to both continuance and transfer, asking the panel to hear the case that day.
  • Lisa Herber (resident at 551 Westfield Boulevard) opposed the continuance for case 2020-DV3-036.

Discussion Items

  • Withdrawals of Verizon Petitions: Prior to regular business, petitioner Matt Bates (Verizon Wireless) withdrew seven petitions (2020-DV3-040 through 2020-DV3-047) without objection from the board.
  • Continuances and Transfers: The board considered requests from Verizon to continue and transfer multiple small cell facility cases to other divisions. Staff recommended against transfers, noting preparedness. After extensive public comment opposing transfers, the board voted to continue most cases to its next regular hearing on November 24, 2020, without transfer. Specific cases continued included 2020-DV3-029, 2020-DV3-030, 2020-DV3-031, 2020-DV3-032, 2020-DV3-034, 2020-DV3-035, 2020-DV3-036, 2020-DV3-038, 2020-DV3-039, and 2020-DV3-022. A few cases were transferred to other boards: 2020-DV3-051 to November 17 (Division 2), 2020-DV3-049 and 2020-DV3-050 to November 17, 2020-DV3-054 to November 17, and 2020-UV3-010 to November 10 (Division 1).
  • Expedited Petitions: Three petitions were approved as a block: 2020-DV3-053 (var. front setback, Meridian Hills), 2020-DV3-055 (var. silo height, Pike Township), and 2020-UV3-008 (var. use for online retail vehicle sales). The board voted unanimously to adopt findings of fact for all three.
  • Case 2020-DV3-042 (Amended): Initially scheduled for continuation, the single remaining location at 3109 East 38th Street was moved to the expedited docket after petitioner agreement. Staff recommended approval with a condition that the pole be black metal and all equipment painted black. Petitioner Matt Bates agreed, and the board approved the variance unanimously.

Key Outcomes

  • Withdrawals Granted: Petitions 2020-DV3-040 through 2020-DV3-047 withdrawn.
  • Continuances Without Transfer (to November 24, 2020): 2020-DV3-029, 2020-DV3-030, 2020-DV3-031, 2020-DV3-032, 2020-DV3-034, 2020-DV3-035, 2020-DV3-036, 2020-DV3-038, 2020-DV3-039, and 2020-DV3-022.
  • Transfers to Other Boards: 2020-DV3-051 (to Division 2, Nov 17), 2020-DV3-049 (to Nov 17), 2020-DV3-050 (to Nov 17), 2020-DV3-054 (to Nov 17), 2020-UV3-010 (to Division 1, Nov 10).
  • Expedited Approvals: 2020-DV3-053, 2020-DV3-055, and 2020-UV3-008 approved unanimously.
  • Approval with Condition: 2020-DV3-042 (remaining location at 3109 East 38th Street) approved subject to a black metal pole and black equipment.
  • Automatic Continuances Acknowledged: 2020-DV3-048 (1325 East Ohio Street) and 2020-DV3-052 (9200 Keystone Crossing) continued to November 24, 2020, by neighborhood organization request.

Meeting Transcript

Um Heather, are you okay with us starting probably at uh one o'clock? Yes, sir. At one. Yes. Minute. Val appears to be in a car. Is that a problem or is that okay? Well as long as she's not putting herself or others at risk. I think there's nothing stopping her from being in the hearing in a vehicle, but okay. But I want her to be careful. I'm doing the same thing, Marisol has next. All right, everybody, it's one o'clock, so I'm gonna get started. Uh here's a couple of housekeeping keeping items. Um all our WebEx participants, please remain muted unless you are speaking. This will help reduce eliminate feedback and static. If a participant is experiencing bandwidth issues, they can turn off the video feature and still participate via audio. Also, it's helpful to close other programs and windows, disconnect from a VPN, etc. This will help with the connectivity and ensure faster speeds. The BCA three hearing of October 20, 2020 will now come to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Three. I'm Craig E. Von Dalen, Chair Person of Division Three. Executive orders issued by Governor Holcomb and Mayor Hogset regarding COVID nineteen guidelines and restrictions enable us to conduct today's meetings electronically. The City of Indianapolis hold public hearings in high regard for public input. We will use reasonable efforts to carry out the public hearing online and do not accept liability for equipment failure, inability to ac access the internet, or software malfunctions related to the operating operations of the hearing.gov I'll spell that out. Or the planner aside to the case twenty-four hours prior to the meeting to ensure your comments are included in the record. Sorry, Mashinko, I can hear her and uh her thank you. Val Tate. Val Tate. Thank you. And I can also see and hear everyone. I will now ask the DMD and Office of Corporation Council staff members to verbally confirm that they can see and hear the other participants. Thank you. I can see in here. Larry Callaway, principal planner too. Larry. Oh, there he is. Go ahead. I can see it here. Thanks. Thanks, Larry. Kathleen Blackham, Senior Planner. Thank you, Chairperson Von Day. I can see and hear everyone. Thank you. Jeffrey York, Senior Planner. And thank you, Chairfars Von Allen. I can see and hear. Excellent. Robert Eulhake, Senior Planner.

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