Metropolitan Board of Zoning Appeals Division 3 Public Hearing - October 19, 2021
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Metropolitan Board of Zoning Appeals Division 3 Public Hearing - October 19, 2021
The Metropolitan Board of Zoning Appeals Division 3 held a public hearing on October 19, 2021, at 6:15 PM. The meeting covered two expedited petitions, one withdrawal, one continuance for cause, and two full hearings. Chairperson Craig E. Von Dalen presided. Key decisions included approval of expedited petitions, a continuance for a development standards case, and denial of a variance for an electronic variable message sign (EVMS) at a Culver's restaurant.
Special Requests and Procedural Matters
- The board unanimously waived rules of procedure to vote on expedited petitions in a single vote.
- Petition 2021 DV3031 (5859 Forest Lane) was withdrawn at the petitioner's request on October 14, 2021; the board acknowledged the withdrawal.
- Petition 2021-SE3-003 (2659 Sutherland Avenue) was continued for cause without notice to the next hearing on November 16, 2021, to clarify a discrepancy regarding the proposed use. No remonstrators appeared.
- For expedited petition 2021 UV1-025 (1657 North College Avenue), staff noted a letter of opposition from a registered neighborhood organization, but no remonstrators were present in the audience, so the petition remained on the expedited docket.
Expedited Petitions
- 2021 DV3051 – 1867 New Street: Variance for a detached garage in the clear side triangle. Approved unanimously (5-0).
- 2021 UV1025 – 1657 North College Avenue: Variance for a dwelling/garage addition to a multifamily dwelling. Approved unanimously (5-0).
Full Hearing: 2021 DV1-046 (1540-1544 Ring Gold Avenue)
- Petitioner Mark Crouch requested variances of development standards for two parcels (single-family dwellings with reduced setbacks and 50% open space). Staff had recommended approval if a duplex or single-family dwelling was built on each parcel with specific setbacks.
- During the hearing, the petitioner asked to allow townhomes (separate ownership) on the two lots. Staff opposed, noting that townhomes are not permitted in the D5 zoning district and would require a separate use variance with additional notice.
- The petitioner then requested a continuance to November 16, 2021, with notice, to work with staff on the townhome option. The board granted the continuance unanimously (5-0).
Full Hearing: 2021 DV3047 (7010 East 21st Street – Culver's)
- Petitioner Trey Watts (Springfield Sign, representing Culver's) requested a variance of development standards to replace an existing manual copy board on a 25-foot pylon sign with a digital EVMS. Digital signs are not permitted in the C3 district.
- The petitioner argued that an EVMS allows dynamic imagery, employee safety (no ladder use), and the ability to display content across language barriers. He offered commitments: (1) give up the right to install EVMS on the building (already permitted), (2) limit message changes to once per hour with instantaneous transitions, (3) limit sign operation to 30 minutes after closing until 30 minutes before opening.
- Staff recommended denial, citing safety concerns near a signalized intersection (Shadeland Avenue and East 21st Street), the recent 2019 sign ordinance update, and the absence of practical difficulty since the site operated for decades without an EVMS. Staff noted the Warren Township Development Association had not submitted a letter of support, despite the petitioner's claim of verbal support.
- Board members asked questions about size, operation, and commitments. The board voted 4-1 to deny the variance. Member Anatoli Boshenko voted yes; members Janice Golson Dunlop, Jim Rawlinson, David Duncan, and Chair Von Dalen voted no. The denial includes adoption of findings of fact at a later date.
Key Outcomes
- Approved Expedited Petitions: 2021 DV3051 and 2021 UV1025 (both 5-0).
- Continued: 2021 DV1-046 (Ring Gold Avenue) to November 16, 2021, with additional notice (5-0).
- Denied: 2021 DV3047 (Culver's sign variance) with 1 yes, 4 no votes.
- Adjourned: Meeting concluded after the final case; no further business.
Meeting Transcript
Heather, you mind if we get started? I don't mind. I've got it. It's called order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 3. I am Craig E. Von Dalen, Chairperson of Division Three. The other board members present are Janice Golson Dumlop to my right. Anatoli Tony Boshenko to my left. Jim Rawlinson to my forward left, and David Duncan, an alternate to my forward right. Legal counsel for the board today is Chris Steinmetz. Staff members today from the division of planning are, by the way, this is not Chris Steinmetz, but uh what was your name again? Tom Moore. Tom Orts is standing in for Chris. Um staff members present today from uh division of planning are Matt Pleasant, current planning administrator, Robert Eulen Hake, Senior Planner, Eddie O'Neill, senior planner, Marlene Arajeda, senior planner, Genesis Hill Associate Planner, Heather Stephens, Senior Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. The expedited cases will be heard immediately after all requests for continuance of withdrawals. As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand. Those who intend to testify will please remain standing and be sworn. Petitioners should be on your left and remonstrators on your right as you face the board. Those who testify will state their name and address for the record before beginning to testify. Petitioners and persons appearing in support of the case being heard shall have a maximum of 15 minutes for the presentation of evidence statements and arguments in support of the petition. Remonstrators and persons appearing in opposition to the petition shall have a maximum of 15 minutes for the presentation of evidence, statements and arguments in opposition to the petition. Staff will then present the administrator's comments regarding the petition. Petitioner will then be allowed five minutes for rebuttal and a submission of the case. Rebuttal must be limited to the subject manner of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statements, or arguments will be heard unless it is at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition. Any with this hearing who thinks complete and proper notice has not been given and would like the petition continue to lack of proper notice must bring this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as amendments before reaching a decision or on certain petitions. The installation of landscaping and screening. The paving of a parking area and the del dedication of right of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid. Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the filing of a petition for judicial review of the decision of the board. The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address and a reference to the board's petition number. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. All voting today will be done by roll call. I will individually read each board member's name and ask them for a vote yes or no. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Before we hear special requests, I'll ask for a waiver of the rules of procedure to allow the board to vote on for all expedited petitions and adopt their findings of fact in a single vote rather than than by voting on each separate each petition separately. Do I hear a motion to do so? So motion came from Member Golson Dunlop.
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