Metropolitan Board of Zoning Appeals Division III Meeting – December 21, 2021

The Metropolitan Board of Zoning Appeals (BZA) Division III convened on December 21, 2021, at 1:00 PM in the Public Assembly Room of the City-County Building, Indianapolis, Indiana. Chairperson Craig E. Von Dalen presided over the hearing, with members Boschenko, Rollinson, and Duncan present (four members total). The board addressed several continuances, an expedited petition, and three full hearings. Key outcomes included approval of two variance requests and multiple continuances to the January 18, 2022 hearing.

Consent Calendar

• Automatic Continuances Acknowledged: The board acknowledged timely automatic continuances filed by registered neighborhood organizations for the following petitions, moving them to the January 18, 2022 hearing without additional notice:
  • 2021-SE3-003 (2659 Sutherland Avenue) – Special Exception for transitional housing.
  • 2021-DV3-038 (8860 Zionsville Road) – Variance for third monument sign.
  • 2021-DV3-057 (8150 North Meridian Street) – Variance to legalize fencing, walls, and gate.
  • 2021-DV3-058 (1523 Marlowe Avenue) – Variance for two-family dwelling.
  • 2021-UV3-015 (8440 West 82nd Street) – Variance of use for artisan winery.
• Staff-Requested Continuances Granted: The board granted continuances to January 18, 2022, without additional notice for the following petitions:
  • 2021-DV3-055 (919 Eastern Avenue) – Variance of development standards for deck expansion (staff needed additional information).
  • 2021-DV3-056 (4360 North Keystone Avenue) – Variance for garage construction (petitioner absent; staff recommended denial but granted continuance as first hearing).
  • 2021-UV3-017 (5930 Brookville Road) – Variance of use and standards for personal storage facility (staff needed additional information).
• Expedited Motion Granted: Petition 2021-UV3-016 (411 North Dequincy Street) was moved to the expedited docket by unanimous vote (4-0) after staff confirmed no opposition.

Public Comments & Testimony

• Julian Martinez (2625 Broadway Street) – Concern about 2021-SE3-003: Mr. Martinez, a neighboring property owner, expressed frustration that the transitional housing petition at 2659 Sutherland Avenue had been continued three times. He stated residents from the property were loitering on his porch and in the alley. Staff confirmed the petition was in violation for operating without a permit but noted the special exception process could legalize the use. Mr. Martinez said neighbors had difficulty obtaining information and wanted the case heard. The board acknowledged his concerns but noted the automatic continuance could not be denied. Staff and the board suggested Mr. Martinez gather remonstrators for the January hearing. The petitioner’s representative, Mark Crouch, offered to discuss the situation with Mr. Martinez after the meeting.
• Sean Gearhart (HOA President, 3198 Sandpiper South Drive) – Support for 2021-UV3-014: Mr. Gearhart initially opposed the expansion of the Lotus dealership at 3345 West 96th Street but after reviewing the revised site plan and speaking with the petitioner, he stated the community supported the variance. He confirmed the landscaping and screening plans addressed noise and light concerns.
• Thomas Sower (3848 Senour Road) – Support for 2021-DV3-060: Mr. Sower, a neighbor to the north, expressed favor for the requested lot split, preferring two houses over a subdivision.

Discussion Items

• 2021-DV3-060 (3898 Senour Road) – Variance of development standards for lot split: Petitioners Robert and Jordan Ross requested to split a 9-acre parcel into two lots: a 0.88-acre lot with an existing farmhouse and an 8.12-acre lot. Both lots would have deficient street frontage (50 feet vs. 125 required) and lot width (129.3 feet vs. 250 required). Staff recommended denial, citing an 80% deficiency in frontage, 60% deficiency in width, and a violation of the Comprehensive Plan’s rural/estate density of less than one unit per acre. Staff also noted a remonstrance letter from an adjacent owner concerned about a new driveway. The petitioner, a civil engineer, argued that the proposal mirrors a 2004 variance granted to the north neighbor, that existing lots in the area are non-conforming, and that extending utilities for a new road would be impractical in the absence of sanitary sewer and water. The board voted 4-0 to approve the variance.
• 2021-UV3-014 (3345 West 96th Street) – Variance of use to expand automobile dealership: Petitioner Stephanie Chen Kim, represented by William T. Niemier, sought to expand the existing Lotus dealership from 4,800 to the entire 24,000-square-foot building. Staff recommended approval with three commitments: development in substantial compliance with the December 3, 2021 site plan; operations limited to the November 16, 2021 plan of operation; and no overnight outside sales, display, service, or repair. The petitioner agreed to these commitments and noted the dealership is the only Lotus dealer in Indiana, expects to double employment from 15 to 30, and will transition to all electric vehicles by 2023. The HOA president, Mr. Gearhart, supported the variance after the petitioner added landscaping and screening along the eastern boundary. The board voted 4-0 to approve.
• 2021-UV3-016 (411 North Dequincy Street) – Variance of use for transitional living facility (expedited): Petitioner Prana Group LLC, represented by Mark Crouch, requested a variance to operate a transitional living facility with required employment in a D-5 district. Staff recommended approval subject to the December 20, 2021 plan of operation and house rules, limiting the facility to eight beds (six residents, one house supervisor, one in-transit). The facility would use an existing two-family dwelling without structural changes. No remonstrators appeared. The board voted 4-0 to approve.

Key Outcomes

• Continuances Granted: All automatic and staff-requested continuances were acknowledged or approved, moving petitions to the January 18, 2022 hearing. No additional notice was required for petitions without amendments.
• Approvals:
  • 2021-DV3-060: Approved (4-0). Variance granted to split a 9-acre lot into a 0.88-acre lot and an 8.12-acre lot, with deficient frontage (50 ft vs. 125 ft) and lot width (129.3 ft vs. 250 ft).
  • 2021-UV3-014: Approved (4-0). Variance of use granted to expand Lotus dealership to the entire 24,000-square-foot building, subject to three commitments.
  • 2021-UV3-016: Approved (4-0). Variance of use granted for transitional living facility with eight beds, subject to filed plan of operation.
• Findings of Fact Adopted: The board adopted revised findings of fact for 2021-DV3-039 (from August hearing) and negative findings for 2021-DV3-047 (from October hearing).
• Chairperson Transition: Chairperson Von Dalen announced he would move to Division II effective January 2022 and gifted a gavel to the board.