Metropolitan Board of Zoning Appeals Division III Meeting - November 16, 2021
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Metropolitan Board of Zoning Appeals Division III Meeting - November 16, 2021
The Metropolitan Board of Zoning Appeals Division III convened on November 16, 2021 at 1:00 PM in the Public Assembly Room of the City-County Building, Indianapolis, Indiana. The board considered a docket of expedited, transferred, continued, and new petitions for variances of use and development standards. A quorum of four members (Chairperson Craig E. Von Dalan, Anatoly Boschenko, Jim Rawlinson, and alternate Ron Hampton) was present. Jim Rawlinson recused from petition 2021-DV3-053 due to a prior professional association. Legal counsel was Chris Steinmetz and staff from the Division of Planning attended.
Consent Calendar
- Expedited Petitions (all approved unanimously, 4-0):
- 2021-DV3-052: Variance to permit a 1,536-square-foot, 20-foot tall pole barn accessory building exceeding primary dwelling height at 5901 Village Drive, Franklin Township. Staff recommended approval.
- 2021-DV3-054: Variance to permit a five-foot rear yard setback and legally establish a 1.5-foot north side setback for a building addition at 4440 Norwaldo Avenue, Washington Township. Staff recommended approval.
- 2021-UV3-012: Variance of use to allow an artisan food and beverage establishment with accessory outdoor seating in the I-4 (FF) district at 7777 West Morris Street (7811 Building), Wayne Township. Staff recommended approval subject to site plan and plan of operation commitments.
- 2021-UV3-013: Variance of use and development standards to legally establish a building with a one-foot north front setback and zero-foot east side setback, and to allow a two-family dwelling at 3203 East Washington Street, Center Township. Staff recommended approval.
- 2021-DV2-056: Variance of development standards to permit a two-family dwelling on a 6,750-square foot, 45-foot wide lot with 49% open space at 649 Birch Avenue, Center Township. Staff originally recommended denial, but after the petitioner revised the design to remove enclosed breezeways, staff recommended approval and the board moved this to the expedited docket, then approved it.
- 2021-DV1-046 (Amended): Variance of development standards to provide for a two-family dwelling with an eight-foot front setback, 3.8 feet between dwellings, and a detached garage with 50% open space at 1540 and 1544 Ringgold Avenue, Center Township. The petition was amended per staff recommendation and moved to the expedited docket, then approved.
Public Comments & Testimony
- 2021-UV2-016 (804 East Laverock Road): Councilor Keith Potts (District 2) spoke in support of the variance, stating the parking and pocket park would benefit the new Malnati restaurant and the Broad Ripple community. Karen Valliquet, chair of the Broad Ripple Village Association Land Use Committee, expressed support due to high-quality design and amenities. Thomas Healey, a neighbor, testified in opposition, arguing the project deviated from the Envision Broad Ripple plan and would undermine pedestrian-focused development.
- 2021-DV3-053 (909-915 South Shortridge Road): Councilor Michael Paul Hart (District 18) spoke in support, highlighting the micro-business nature and community desire to preserve the rural character. Diana Brenner, a local architect and former landlord, also spoke in support, noting the need for flexibility for seasonal venues.
Discussion Items
- 2021-UV2-016 (Malnati Organization parking lot and pocket park): The petitioner sought a variance of use to create a commercial parking lot (16 spaces) and a pocket park on a 0.15-acre site at 804 East Laverock Road, adjacent to the Central Canal. Staff recommended denial, citing inconsistency with the MU-2 district's pedestrian-oriented intent, the Envision Broad Ripple plan, and the Transit Oriented Development overlay. The petitioner argued the site was impractical for mixed-use, had been vacant for four years, and would be an amenity with landscaping and public art. After debate, the board approved the variance (4-0).
- 2021-DV3-053 (IndyScreams/13th Hour Productions): The petitioner requested variances for grass parking with gravel drives, alternate lighting, alternate landscaping, and a waiver of sidewalk installation at a 24.72-acre seasonal event venue in the D-A (FW)(FF) district. Staff recommended denial unless the petitioner agreed to commitments including 50 feet of paved entryways, a lighting plan, and a sidewalk contribution. The petitioner agreed to a phased payment schedule for the sidewalk fund (one-third at improvement permit, one-third after five years, one-third after ten years). The board approved the variance (3-0) subject to these commitments.
- 2021-DV3-038 (8860 Zionsville Road): The petition for a monument sign variance was continued to December 21, 2021 with additional notice at the petitioner's request.
- 2021-SE3-003 (2659 Sutherland Avenue): A special exception for transitional housing was continued to December 21, 2021 without additional notice. Staff noted this was the final continuance.
- 2021-DV2-058 (8136 East Southport Road): The petition was withdrawn at the petitioner's request due to expiration of the property purchase option.
Key Outcomes
- **Approved variances:
- 2021-DV2-058: Withdrawn.
- 2021-DV3-052: Approved (4-0).
- 2021-DV3-054: Approved (4-0).
- 2021-UV3-012: Approved (4-0) subject to commitments.
- 2021-UV3-013: Approved (4-0).
- 2021-DV2-056: Approved (4-0) after moving to expedited docket.
- 2021-DV1-046: Approved (4-0) after amendment and moving to expedited docket.
- 2021-UV2-016: Approved (4-0) with conditions including no-idling signage.
- 2021-DV3-053: Approved (3-0) with commitments: 50-foot paved entryways, lighting and landscaping plans, and sidewalk fund contribution of $48,000 paid in three installments (one-third at improvement permit, one-third after five years, one-third after ten years).
- **Continued petitions:
- 2021-DV3-038: Continued to December 21, 2021 with additional notice (final continuance).
- 2021-SE3-003: Continued to December 21, 2021 without additional notice (final continuance).
- Adopted findings of fact for previously approved petition 2021-UV3-003 (May hearing).
- The board adjourned after completing the docket.
Meeting Transcript
Right. Yeah, you want to go into the basics. Thanks, I just want to still have a lot of people. You know you are going to be able to do that. Oh, probably get started. Call the order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I am Craig E. Von Dalen, Chairperson of Division III. The other board members present are Anatoly Tonoboni Boshenko, Jim Rawlinson, and Ron Hampton, an alternate. Legal Council for the Board Today is Chris Steinmetz. Staff members present today from the Division of Planning are Matt Pleasant, current planning administrator, Jeff York, Senior Planner, Robert Ewenhake, Senior Planner, Eddie O'Neill, senior planner, Marlene Arajeda, Senior Planner, Jennifer's Hill, Associate Planner, and Heather Stephen, 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 for 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 continuances or 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 administrators' comments regarding the petition. Petitioner will then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of 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 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. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to lack of proper notice must bring this matters to the board attention 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 on certain petitions. The installation of landscaping and screening, the paving of parking area, and the dedication of right-of-ways are examples. These conditions and commitments are an integral part of the board's decision and must be met for granted to be for a granted variance to be valid. Compliance with conditions imposed by the board must be proved 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 granted 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 a 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 that ask them to vote yes or no. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. So you'll have to have a majority of three members voting in favor of your request in order for it to pass. Before we hear special requests, I will ask for a waiver of our rules of procedure to allow the board to vote for all expedited expedited petitions and adopt their findings of fact in a single vote rather than by voting on each petition separately. Do I hear a motion to do so? Motion came simultaneously from Anatonian from Mr. Hampton. Do I hear a second?
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