Metropolitan Board of Zoning Appeals Division 3 Hearing - April 26, 2021
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Metropolitan Board of Zoning Appeals Division 3 Hearing - April 26, 2021
The Metropolitan Board of Zoning Appeals Division 3 held a public hearing on April 26, 2021, via electronic means due to COVID-19. The board considered several petitions from Verizon Wireless for variances to install 5G small cell poles in residential areas where underground utilities are required. The meeting also handled continuances and an expedited petition. Four board members were present: Chairperson Craig E. Von Dalen, Marisol Guevaya, Janice Golson Dunlap, and Anatoly Boschenko. Three votes were needed for approval.
Consent Calendar
- 2020 DV3059 (amended) – Race Track Petroleum: A variance of development standards for transparency at 5430 West 86th Street. Approved unanimously (4-0) with adoption of findings of fact.
Public Comments & Testimony
- Lisa Herber (property owner at 551 Westfield Boulevard) opposed petition 2020 DV3036, stating the proposed pole would be directly in her front yard, affecting property values. She noted existing poles across the street that could be used for co-location.
- John Drake (5710 Broadway Terrace) opposed petition 2020 DV3036, citing staff’s negative recommendation, lack of proof that property values would not be affected, and the pole’s aesthetic impact.
- No remonstrators appeared for other petitions.
Discussion Items
- Special Requests and Continuances: Three continuances were granted without objection to the next hearing on January 19, 2021 (noting the discrepancy that the meeting date is April 26, 2021; the transcript references a December 2020 meeting, but per instructions, the meeting date is April 26, 2021). The continuances were for petitions 2020 UV3013, 2020 DV3052, and 2020 UV3011.
- Verizon 5G Variances – Overview: Russell Brown, attorney for Verizon, presented a 20-minute overview explaining the need for 5G technology, the regulatory framework, and the design of the poles. He argued that the underground utility ordinance does not apply to wireless facilities and that the variance criteria were met.
- Petition 2020 DV3035: Five proposed pole locations in Washington Township. Staff recommended denial. No remonstrators. Mr. Brown argued that above-ground utilities already exist nearby. The board voted 0-4 to deny.
- Petition 2020 DV3036: Two locations (Westfield Boulevard and West 58th Street). Remonstrators spoke. Staff recommended denial citing impact on residential neighborhoods and safety hazards. Despite rebuttal from Mr. Brown, the board voted 0-4 to deny.
- Petition 2020 DV3038: Three locations in Center and Warren Townships. Mr. Brown requested a split vote. Staff recommended approval for the alley location (45 South Bradley Avenue) and denial for the other two. The board voted 4-0 to approve the alley location (Part B) and 0-4 to deny the other two (Part A).
- Petition 2020 DV3039: Three locations in Washington Township. Staff recommended denial despite one location on East 86th Street that staff suggested relocating. Mr. Brown argued relocation was not feasible. The board voted 0-4 to deny.
Key Outcomes
- Continuances Granted: 2020 UV3013, 2020 DV3052, 2020 UV3011 – all continued to January 19, 2021 without additional notice.
- Expedited Petition Approved: 2020 DV3059 (Race Track Petroleum) – approved 4-0.
- Denied Petitions (all 0-4): 2020 DV3035, 2020 DV3036, 2020 DV3038 Part A (Brookville Road and South Chester), 2020 DV3039.
- Approved Petition: 2020 DV3038 Part B (45 South Bradley Avenue) – approved 4-0 with condition of black metal pole and internal cabling.
- Adoption of findings of fact was continued for denied petitions; approved petition adopted findings.
Meeting Transcript
Please remain muted unless you are speaking. This helps reduce and eliminate feedback and static. Also, if you're experiencing bandwidth issues, you can turn off the video feature and still participate via audio. Also, it's helpful to close other programs in Windows and disconnect VPN, etc. This will help with can with connectivity and ensure faster speaks. Hello everyone. The board, the BZA 3 hearing of December 15th, 2020 will now come to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 3. I am Craig E. Von Dalen, Chairperson of Division 3. Executive orders issued by Governor Holcomb and Mayor Hogsett regarding COVID-19 guidelines and the 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 access the internet, or software malfunctions related to the operation of the hearing. We ask that you remain patient throughout this time. The city heavily encourages the public to email your comments to DMD public comments at indie.gov or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included on the record. To all petitions, petitioners and anyone making special requests, please go to the QA function now to state your name, petition number, and your special request. I will now ask the board members to verbally confirm that they can see and hear the other participants. I will individually read each board member's name. Please acknowledge that you are present when you are called on. Marisol Galaya. Goodbye, President. I can see in here. Thank you. Janice Colson Dunlop. Lisa and Dunna, I can see and hear. Excellent. Anatoly Boschenko. Go ahead. And so repeat. Tony Bashiko, I can hear and see you. Very well. Unfortunately, Val Tate is not here today, and I can hear and see everyone. I'll now ask the DMD in office with corporate counsel staff members to verbally confirm that they can see and hear other participants. Please acknowledge that you are present when you are called on. Legal counsel for the board today, Chris Steinitz. Thank you. I can see him here. Excellent. Larry Callaway, Principal Planner 2. I can see him here. Thank you, Larry. Kathleen Blackham, senior planner. Is she not here? I don't see Kathleen. I don't know if she needs to be here or not. Jeffrey York, senior planner, also serving as presentations manager. Thank you, Chairman Von Dalen. I can see him here. Excellent, thanks, Jeffrey. Robert Eulenh, Senior Planner.
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