Metropolitan Board of Zoning Appeals Division III Meeting – April 19, 2022
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Metropolitan Board of Zoning Appeals Division III Meeting – April 19, 2022
The Metropolitan Board of Zoning Appeals Division III met on April 19, 2022 at 1:00 PM in the Public Assembly Room of the City-County Building. Acting Chair Joanna Taft presided, with board members Cameron Radford, Roderick Bohannan, Percy Bland, and Brian Hannon. Legal counsel Chris Steinmetz and staff from the Division of Planning were also present. The agenda included special requests for continuances and withdrawals, approval of expedited petitions, and hearings on two contested variance petitions. The board also elected its officers for the year.
Consent Calendar
- All expedited petitions were approved in a single roll-call vote (5–0):
- 2022-DV3-007 – Variance for a seven-story hotel with encroachment into Sky Exposure Plane Two and a nine-foot courtyard wall at 25 E McCarty St / 815 S Meridian St.
- 2022-DV3-010 – Variance for a dumpster enclosure in the front yard at 450 S Meridian St (Rolls-Royce).
- 2022-UV3-006 – Variance of use for vehicle sales and leasing at 3402 N Shadeland Ave.
- 2022-DV3-011 – Variance for industrial development with additional parking and loading areas at 6900 English Ave (Lauth Group), subject to commitments.
- 2022-DV3-012 – Variance for two digital-projection wall signs at 9115 Hague Rd (Roche Diagnostics), subject to commitments.
- 2022-UV3-007 (amended) – Variance of use and development standards for a daycare/preschool and parking in the right-of-way at 3417 S Sherman Dr (Making Memories Daycare), with the pole sign portion withdrawn.
- 2021-DV1-078 (amended) – Variance for a detached garage with reduced setbacks at 673 River Ave.
Special Requests & Continuances
The board granted several continuances and withdrew petitions as noted:
- 2022-DV2-004 (5345 W 81st St) – Continued to May 24, 2022 without additional notice, pending revised site plan.
- 2021-UV1-029 (3301 N Raceway Rd) – Withdrawn by petitioner; refund of filing fee (minus $100) authorized for related petition 2022-AP3-001.
- 2022-DV3-004 (7557 Shelby St) – Continued to May 24, 2022 with notice.
- 2022-DV3-009 (8630 Brookville Rd) – Continued to May 24, 2022 without additional notice.
- 2022-UV3-005 (3017/3031 Chase St) – Continued to May 24, 2022 via automatic continuance by a registered neighborhood organization.
- 2022-DV3-014 (337 Parkway Ave) – Continued to May 24, 2022 to provide legal notice.
- 2022-DV3-013 (8418 Castle Farms Rd) – Granted a one-day waiver of legal notice requirement (moved to regular docket).
Public Comments & Testimony
No members of the public testified. All speakers were petitioners or their representatives.
Discussion Items
2022-UV3-002 (3900 N Kitley Ave) – Petitioner David Cable, represented by Edwin Watson, requested a variance of use to allow a secondary dwelling unit where neither unit is owner-occupied and the entrance is not visible from a public right-of-way. The petitioner argued the unit would provide affordable housing and that financial hardship could lead to foreclosure. Staff recommended denial, citing the ordinance requirement for owner occupancy to prevent over-intensification in a single-family neighborhood and safety concerns regarding emergency access. The petitioner withdrew the entrance visibility variance and committed to relocating the door. However, the board voted 2–3 to deny the remaining variance (owner occupancy requirement).
2022-DV3-013 (8418 Castle Farms Rd) – Petitioner Scott Lemming requested a variance to place a 960-square-foot accessory structure 14 feet into a 20-foot drainage and utility easement. He proposed elevating the structure on piers to allow water flow or rotating it to reduce the encroachment. Staff recommended denial, stating the easement is critical for stormwater management and that adequate room exists elsewhere on the property. The board voted 0–5 to deny the petition.
Election of Officers – The board elected Joanna Taft as Chair, Percy Bland as Vice Chair, and Roderick Bohannan as Secretary for the year. The board also announced a return to ballot voting starting in May 2022.
Key Outcomes
- Expedited petitions: All seven approved unanimously.
- 2022-UV3-002: Denied (2–3) – staff recommendation upheld.
- 2022-DV3-013: Denied (0–5) – staff recommendation upheld.
- Continuances: Six cases continued to May 24, 2022; one petition withdrawn and refund authorized.
- Officers elected: Taft (Chair), Bland (Vice Chair), Bohannan (Secretary).
- Next meeting: May 24, 2022; ballot voting to be implemented.
Meeting Transcript
I'm gonna call this meeting to order. This is the Metropolitan Board of Zoning Appeals, Division One, Division Three. I'm Joanna Taft, acting um acting chairperson of Division Three. Other board members present today are Cameron Radford behind me. Uh Roderick Bohanan to my left, Percy Bland back to in the middle, and Brian Hannon in the back left. Actually, I'm doing everything backwards, sorry. Um, but I think you get the idea. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Eddie Honeya, Principal Planner 2, Jeffrey York, senior planner, Robert Ulenhaik, senior planner, Marlene Irihetta, senior planner, Genesis Hill, associate planner, Heather Steffen, senior specialist and secretary to the board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinances 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 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 will 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 the testify. Petitioners and persons in the 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. The petitioner would then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter 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's 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. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition petition continued due 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 on certain petitions. The installation of landscaping screening, the paving of parking area, and the dedication of rights away 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 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 will be done today by roll call. 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 will ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact in a single vote rather than voting on each petition separately. So I need a motion. So move Bohannan. I need a second. Hannon second. Um I'll now ask for a vote. Bland. Bland, yes. Bohannon. Bohannon, yes. Hannon.
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