Marion County BZA Division 3 Public Hearing - March 16, 2021

The Metropolitan Board of Zoning Appeals, Division 3, met electronically on March 16, 2021, at 6:15 p.m. (Eastern) under COVID-19 executive orders. Chair Craig Von Dalen presided with members Janice Golson Dunlop, Anatoly Boshenko, Alicia Reuter, and Renee Napoleon. The board heard one continuance, approved four expedited petitions, and deliberated three full variance petitions. Votes on two sets of negative findings of fact for previously denied petitions were also conducted.

Continuances & Special Requests

• 2020-UV3-014 (2820 Burton Ave): Requested by petitioner Pat Rooney (via technical difficulties). The board voted unanimously (5-0) to continue to the April 20, 2021 hearing with additional notice.
• 241 Dixon Street: A registered neighborhood organization filed a timely automatic continuance to April 20, 2021; the board acknowledged.

Expedited Petitions (Consent Calendar)

The board waived rules of procedure and approved four expedited variance petitions in a single vote (5-0):

• 2021 DV3004 (737 N Lynwood Ave): Addition to single-family dwelling and detached garage (48% open space).
• 2021 DV3005 (309 Parkway Ave): Single-family dwelling with reduced front setbacks and 39% open space.
• 2021 DV3006 (1550 Fletcher Ave): Detached garage accessory to single-family dwelling (44% open space).
• 2021 DV3007 (118 E 44th St): Addition to single-family dwelling (56% open space). All petitioners agreed with staff reports and findings.

Public Comments & Testimony

• No remonstrators spoke on any agenda item.
• Christina Blackwell (Steincraft) appeared by phone in support of petition 2020 DV3068.
• The Crown Hill Neighborhood Association submitted a letter of support for petition 2020 DV3068, having been involved in the project from concept.

Discussion Items

1. 2021 UV3-001 (2219 Prospect St) – Detached Garage in C4 District

• Petitioner: Randall C. Hubble (unrepresented). Requested a variance of use to construct a detached two-car garage accessory to his existing single-family residence in a C4 commercial zone.
• Staff Position: Recommended denial, stating residential uses are not permitted in C4 and that the proper remedy would be a rezoning to D8. Staff argued the variance would not align with the comprehensive plan.
• Board Discussion: Member Alicia Reuter noted that neighboring properties appear to have detached garages. Chair Von Dalen expressed that requiring a rezoning placed an unfair burden on the homeowner, given the property had been residentially used for decades and was likely improperly zoned in the 1960s.
• Vote: 4-0 in favor (member Golson Dunlop had stepped out). Approved.

2. 2020 DV3052 (9200 Keystone Crossing) – Billboard Setback Variance

• Petitioner: Rich Blakelock (Lewis Wagner) on behalf of Circle City Outdoor LLC. Requested variances to legally retain an existing 14'x28' double-sided billboard with a 20-ft setback from I-465 (required 60 ft) and within 500 ft of an interstate entrance/exit ramp (prohibited). The billboard had been in place since 2011 under a court agreed judgment.
• Staff Position: Recommended denial. Staff cited the original permit error, the expiration of the nine-year court order, and that the ordinance prohibits such billboards for safety reasons. They suggested alternative uses (landscaping/parking) and noted other billboards exist in the area.
• Petitioner Arguments: The billboard has been safe for nine years (no accidents); a forensic expert report confirmed no distraction due to the unique ramp geometry (sign is passed long before merging). Circle City is a small, local business that waives fees during COVID and advertises for local businesses. The Northside Community Council and Keystone at the Crossing Office Park supported the variance; Greater Allisonville Community Council opposed (without explanation provided).
• Board Vote: 3-2 in favor (members Von Dalen, Golson Dunlop, and Napoleon voted yes; Reuter and Boshenko voted no). Approved.

3. 2020 DV3068 Amended (11 W 38th St) – Digital Display Pylon Sign

• Petitioner: Joe Cauldron representing Crew Car Wash. Requested a variance to allow a 25-ft tall pylon sign with a digital display (175 sq ft, 27% digital) located within 175 ft of a protected residential district (600 ft required). The sign was moved out of the clear site triangle.
• Staff Position: Recommended denial. Staff stated that the digital display regulations exist to protect residential areas and that the site could use non-digital signage. They expressed concern about driver distraction and precedent.
• Petitioner Arguments: The site is in a compact urban context; the ordinance's one-size-fits-all separation requirement is impractical in the old city limits. The digital display will not flash/scroll – commitments include 30-second static messages, no operation during rush hours or 10 p.m.–6 a.m., and full neighborhood support (Crown Hill Neighborhood Association). Similar signs approved at other Crew locations (e.g., Glendale).
• Board Vote: 4-1 in favor (members Von Dalen, Golson Dunlop, Boshenko, and Napoleon voted yes; Reuter voted no, citing concern over setting a precedent along 38th Street). Approved.

Key Outcomes

• 2021 UV3-001 (Hubble): Granted variance for detached garage (4-0).
• 2020 DV3052 (Keystone billboard): Granted variances for setback and entrance/exit restrictions (3-2).
• 2020 DV3068 (Crew Car Wash sign): Granted variance for digital display (4-1).
• Adoption of Negative Findings (Nov 24, 2020 denials): The board (members Von Dalen, Reuter, and Hampton) unanimously approved findings of fact for five denied petitions (2020 DV3029, 3030, 3031, 3032B, 3034).
• Adoption of Negative Findings (Dec 15, 2020 denials): The board (members Von Dalen, Golson Dunlop, and Boshenko) unanimously approved findings of fact for four denied petitions (2020 DV3035, 3036, 3038A, 3039).
• Meeting adjourned at approximately 2:50 p.m.