Metropolitan Board of Zoning Appeals Division III Meeting - March 15, 2022
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Metropolitan Board of Zoning Appeals Division III Meeting - March 15, 2022
The Metropolitan Board of Zoning Appeals Division III convened on March 15, 2022, to hear petitions for variances of use and development standards. The meeting included several continuances, withdrawals, and two substantive decisions: approval of an auto repair use variance and denial of a digital display sign variance. The board consisted of four members (Joanna Taft acting chair, Rodrigue Bohanan, Percy Bland Jr., and Brian Hannon), with legal counsel and staff present.
Consent Calendar
- 2022-DV3-002 (1206 St Paul Street): Withdrawn by petitioner; acknowledged by board.
- 2021-UV3-017 (5930 Brookville Road): Withdrawn by petitioner; acknowledged by board.
- 2022-DV3-007 (25 E McCarty Street / 815 S Meridian Street): Continued to April 19, 2022, without additional notice at petitioner's request.
- 2022-UV3-002 (3900 N Kitley Avenue): Continued to April 19, 2022, with additional notice to allow amendment.
- 2022-UV3-003 (3232 S Keystone Avenue): Withdrawn by petitioner; board acknowledged withdrawal and approved transfer of fees to a new rezoning petition (4-0 vote).
- 2022-UV3-004 (3326 Ruckle Street): Continued and transferred to Board I on April 5, 2022, with additional notice due to notice deficiency.
- 2022-DV3-004 (7557 Shelby Street): Continued to April 19, 2022, without additional notice due to petitioner seeking new counsel.
- 2021-DV3-057 (8150 N Meridian Street): Withdrawn by petitioner; board acknowledged withdrawal over the objection of a neighbor.
- 2021-DV3-058B (1523 Marlowe Avenue): Continued and transferred to Board I on April 5, 2022, after an indecisive vote at the previous hearing; board waived the rule requiring two indecisive votes before transfer (3-1 vote).
- 2022-DV3-005 (2346 Redfern Drive): Approved on the expedited docket. Staff recommended approval; no remonstrators present. Vote: 3-0 (Bohanan yes, Hannon yes, Taft yes; Bland recused).
Public Comments & Testimony
- Kellen Kirschner (8160 N Meridian Street): Expressed concern over the withdrawal of 2021-DV3-057, stating the property is now for sale and requested the board hear the case to impose conditions on the fence. The board advised the neighbor to contact the Department of Business and Neighborhood Services for enforcement options.
Discussion Items
- 2022-UV3-001 (5990 E Raymond Street) – Auto Repair Use Variance: Petitioner David Gilman requested a variance to allow an automobile repair and service business (not permitted in C-3 zoning) with parking occupying 14% of the front setback (10% max) and a gate/fence within the clear sight triangle. Staff recommended denial, citing inconsistency with the Comprehensive Plan (rural/estate neighborhood) and concerns about commercial intensity. The petitioner presented a plan of operation with commitments including a five-year duration limit (amended from owner-specific). The board approved the variance as amended with three commitments: (1) adherence to the site plan and plan of operation, (2) petitioner-only (later changed to five-year duration), and (3) a five-year time limit from the date of approval. Vote: 4-0 (Bohanan yes, Bland yes, Hannon yes, Taft yes).
- 2022-DV3-006 (9501 E Washington Street) – Digital Display Sign Variance: Petitioner Joe Calderon requested a variance to add a digital display element to an existing pole sign (prohibited on pole signs) located 350 feet from a protected district (600-foot separation required). Staff recommended denial, noting the sign could be converted to a pylon sign (which allows digital displays) and that the digital element would negatively impact the adjacent residential property at 9502 E Washington Street. The petitioner argued the poles are below grade, the residential structure is set back over 450 feet, and commitments included static display, no operation during overnight hours, and neighborhood support from Warren Township Development Association. The board denied the petition after a roll call vote: 1 yes (Hannon), 3 no (Bohanan, Bland, Taft). The petition was continued for adoption of findings of fact.
Key Outcomes
- 2022-UV3-001 approved (4-0) with commitments including a five-year duration, site plan compliance, and operational restrictions.
- 2022-DV3-006 denied (1-3) due to proximity to protected district and lack of practical difficulty.
- 2022-DV3-005 approved (3-0) on expedited docket for a single-family dwelling with reduced setbacks along I-465 and Keystone Avenue.
- 2021-DV3-058B continued and transferred to Board I after indecisive vote; board waived two-indecisive-vote rule (3-1).
- Remaining petitions withdrawn, continued, or transferred as noted in Consent Calendar.
- Board announced a training session on March 29, 2022, via WebEx.
Meeting Transcript
I've seen it excuse to sit and watch games with a bank. Exactly. They do it one time a year. They use the word madness. First of all, I go, that's fantastic. Absolutely. Thank you. And I goes, you will believe this. He goes, but he also said it was under a year or two years ago. We use the word madness. I go, Oh, I completely believe that. Absolutely. Their slogan. No, I've seen that for what your wife will actually be okay with who said he wants to teach you. Exactly. That's what it takes. That's a lot to ask for that. I've got a neighbor of your completely goes overboard on the NCAA stuff, so he's you got a baseline helping fix up. He's got three tiers of couches and chairs. Oh, he's got the Superman game for the SAA. Four TVs. You've got snuff service. I'll lift signal to watch four games at the same time. He's even got an extra TV you can set up if there's a high school game wall. We all want to watch at the same time. So you have max of five. So I'm under so I that's who I choose in all scenarios. And he's places infested with the ancient dusty banners of the IU years. So we've had a lot of fun for the last several years rubbing in his misery of why you have no reason to be connected. It's broken. Find somebody else. He won't do it. He just hangs in there for life. So we have to put up with that. And there's there's that link that night. Oh yeah. Oh yeah. Well, he's funny because he's generally the guy who gives up first. Well, exactly. And he called the mission game. I was actually at the mission game. He called the mission game. He's next to me. I'm calling it so well. I'll get while you did that. You have no hope left at all. So we have fun Thursday and Friday afternoon. We all order food and share the cost of it. It's just festival of testosterone small. I have some other friends that they go as a group.
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