Indianapolis Metropolitan Board of Zoning Appeals Division III Meeting - November 24, 2020

The Metropolitan Board of Zoning Appeals Division III met on November 24, 2020, beginning at 1:00 PM and concluding at approximately 6:50 PM. The meeting was conducted electronically due to COVID-19. The docket included a consent calendar of six expedited petitions, four special requests, and full hearings on multiple variance petitions, including a group of eight small cell wireless facility cases (5G) filed by Verizon Wireless, a parking lot expansion at 1099 N Meridian Street, a parking variance for a Chipotle restaurant, and a variance of use for a single-family dwelling. The small cell petitions dominated the agenda, with extensive public testimony from neighborhood representatives opposing the installations.

Consent Calendar

The following expedited petitions were approved unanimously (5-0) in a single vote after staff recommendations and no public opposition:

• 2020-DV3-056: Variance for a 13-foot west side setback for a building addition at 4037 Guion Lane.
• 2020-DV3-057: Variance to create three lots with reduced setbacks at 11806 Indian Creek Road South (with a one-day notice waiver granted earlier).
• 2020-DV3-060 (Amended): Variance for a single-family dwelling with reduced setbacks and open space at 1221 Spann Avenue.
• 2020-DV3-061: Variance for a front porch roof reducing open space to 50% at 1902 Charles Street.
• 2020-DV3-048 (Amended): Variance for a single-family dwelling with reduced setback and separation at 1325 East Ohio Street (moved to expedited from full hearing).
• 2020-AP3-001: Waiver of the refiling rule to allow a new variance petition for a site-built home at 1440 Kappes Street (previously denied for a manufactured home).

Public Comments & Testimony

Over a dozen residents spoke in opposition to the Verizon 5G small cell petitions across multiple cases. Key speakers and positions included:

• Susan Blair (President, Pike Township Residents Association – PTRA): Opposed all 5G towers in Pike Township residential areas, citing reduced property values, unattractive poles, and the existence of the underground utility ordinance. She noted that similar towers in Hamilton County are more aesthetically pleasing with equipment in ground-level receptacles.
• Barbara Caldwell (816 Hoover Lane): Opposed the tower at 8033 Hoover Lane, noting that two other 5G towers have already been installed within three blocks, creating a concentration.
• Catherine Watson (8204 Claridge Road): Opposed towers in Meridian Woods, which has no above-ground utilities. She argued that Verizon should have designed the network considering the underground ordinance.
• Michael Hart (921 Roundtable Court): Opposed a tower proposed 50 feet from his front door, citing nuisance, property value impact, and lack of overhead utilities. He presented a petition with 53 signatures from neighbors.
• Pamela White (8215 Claridge Road): Opposed the tower in her front yard, stressing the aesthetic value of underground utilities and the potential floodgate for other carriers.
• Melanie Grascie (5006 Pike Creek Boulevard): Opposed the tower near her home, stating it would be a distraction and that similar towers in Carmel are less intrusive. She questioned who would remove towers after obsolescence.
• Joy Frank (Liberty Creek North HOA): Opposed towers at four-way intersections on Terrytown Parkway and Pillory Drive due to safety and aesthetics.
• Kyle Hunter (5638 Revolutionary Drive): Opposed a tower across from his home, citing a National Association of Realtors study showing up to 45% reduction in property value from overhead utilities. He also raised health concerns.
• Eric White (President, North Willow Farms HOA): Presented a detailed slide show showing actual installed towers in his neighborhood, including equipment attached to poles, lights shining into homes, and a tower placed at the end of a driveway. He noted 340 of 393 homeowners support opposition, and that the city’s new variance process was announced after many towers were already permitted.
• Jacob Lawrence (Attorney for North Willow Farms HOA): Argued that Verizon failed to show a significant coverage gap or least intrusive means, and that the towers constitute a nuisance. He emphasized that wireless providers are not regulated utilities in Indiana.

For the Chipotle parking variance, there were no public opponents.

Discussion Items

• 2020-UV3-010 (1099 N Meridian Street – Surface Parking Lot Expansion): Petitioner sought to reconfigure an existing parking lot to add 22 spaces (total 89) within the same footprint, arguing the one-size-fits-all parking standard for CBD-2 zoning does not suit the suburban-style office building. Staff opposed, citing the Regional Center prohibition on surface parking lots along Pennsylvania Street, the availability of over 1,000 off-site spaces (even after interstate construction reduces to 700), a net loss of 9 handicapped spaces, and removal of 9 mature trees. The board denied the petition 2-3.
• Verizon 5G Small Cell Petitions (2020-DV3-029, 030, 031, 032, 034): Eight petitions initially on the docket; several sites were withdrawn prior to the hearing. Petitioners, represented by Russell Brown, argued that the technology cannot be placed underground, that the right-of-way use is permitted by state and federal law, and that denial would materially inhibit 5G deployment. Staff recommended denial for most sites on local/collector streets, but supported three sites on arterial roads (Lafayette Road and West 62nd Street) if poles were black metal with internal cabling. Board members questioned Verizon’s status as a regulated utility, the lack of market studies, and the aesthetic differences from poles installed in Hamilton County. After extensive testimony, the board:
  • Denied 2020-DV3-029 (all sites) 0-5.
  • Approved 2020-DV3-030 Part A (three sites on Lafayette Road and West 62nd Street) 5-0, with conditions for black metal poles and equipment; denied Part B (remaining sites) 0-5.
  • Denied 2020-DV3-031 (all sites) 1-4.
  • Approved 2020-DV3-032 Part A (same three arterial sites) 5-0; denied Part B 0-5.
  • Denied 2020-DV3-034 (all sites) 0-4. The remaining 5G petitions (2020-DV3-035, 036, 038, 039, and 2020-UV3-011) were continued without additional notice to the December 15, 2020 hearing, to be heard after the consent calendar.
• 2020-DV3-058 (8651 S Emerson Avenue – Chipotle Parking): Petitioner sought 31 parking spaces (max 25 allowed) for a fast-food restaurant with drive-through. They argued the efficient building and outdoor seating create a need for more spaces, and that the location lacks sidewalks and transit options. Staff opposed, citing the ordinance’s intent to reduce paving and promote alternative transportation. The board approved 3-1.
• 2020-UV3-012 (1113 W 18th Street – Single-Family Dwelling): Petitioner requested a variance of use to build a single-family home on commercially zoned land, with a commitment to rezone to residential (D-5) within 90 days. Staff recommended approval with that condition. The board approved 4-0.

Key Outcomes

• 2020-UV3-010 (Parking lot expansion): Denied (2-3). Continued for adoption of findings of fact.
• 2020-DV3-029 (Verizon small cells – Pike/Washington): Denied (0-5).
• 2020-DV3-030 Part A (3 sites): Approved (5-0) with conditions (black metal poles, internal cabling). Part B: Denied (0-5).
• 2020-DV3-031 (Verizon small cells – Washington Twp): Denied (1-4).
• 2020-DV3-032 Part A (3 sites): Approved (5-0) with conditions. Part B: Denied (0-5).
• 2020-DV3-034 (Verizon small cells – Pike/Washington): Denied (0-4).
• Remaining 5G petitions (2020-DV3-035, 036, 038, 039, UV3-011): Continued to December 15, 2020, to be heard after the consent calendar.
• 2020-UV3-012 (Single-family dwelling): Approved (4-0) with condition to rezone within 90 days.
• 2020-DV3-058 (Chipotle parking): Approved (3-1).
• 2020-DV3-022 (4902 Broadway Street): Dismissed as original variance no longer needed.
• 2020-DV3-059 (5430 W 86th Street): Continued to December 15 with new notice.
• 2020-UV3-013 (3711 N Washington Boulevard): Automatically continued to December 15.
• 2020-DV3-052 (9200 Keystone Crossing): Automatically continued to December 15.

All expedited petitions were approved unanimously. The board adjourned at approximately 6:50 PM.