Metropolitan Board of Zoning Appeals Division Three Meeting - September 20, 2022
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Metropolitan Board of Zoning Appeals Division Three Meeting - September 20, 2022
The Metropolitan Board of Zoning Appeals (BZA) Division Three held a public hearing on September 20, 2022, starting at 6:00 PM. Chairperson Joanna Taft presided, with board members Bart Brown, Roderick Bohannon, Percy Bland, and Cameron Radford present. Legal counsel Chris Steinmetz and planning staff participated. The board heard a variety of variance requests, including expedited petitions, continuances, and contested cases. Several decisions were made, with some approvals, denials, and continuances. The meeting extended past 5:00 PM, and due to board members leaving, only three members remained for the final votes on the Lamar Advertising petitions.
Consent Calendar
- Expedited petitions approved unanimously (5-0): 2022 DV3037 (variance for building addition at 2521 Plains Drive), 2022 DV3038 (health center facility at 6002-6106 E. 38th Street), 2022 DV3039 (building addition at 1215 Marlowe Avenue), and 2022 DV302 (retail store at 7801 E. 38th Street). All received 5 yes votes.
- Continuances granted to October 18, 2022 hearing: 2022 UV3025 (3335 N. Sherman Drive), 2022 UV3026 (940 W. Banta Road), 2022 UV3022 (830 River Avenue), 2022 DV3035 (case number unclear), and 2022 DV3022 (case moved to expedited docket). All were continued without objection.
- Motion to consolidate three Lamar Advertising petitions (2022 UV2017, UV3018, UV3019) was approved unanimously to be heard together with adjusted time limits.
Public Comments & Testimony
- 2022 UV3024 (3415 English Ave – methadone clinic): Remonstrators including Edgar Wadrama (retired paramedic), Jude O'Dell (Twin Air resident), Rachel Cooper (Southeast Community Organization president), and RJ Pollock (property owner) opposed the clinic, citing concerns about crime, property values, proximity to homes and a park, and strain on police resources. They presented a petition with over 124 signatures from Twin Air residents and letters from real estate experts. Supporters included Dr. Ashley Overly (CEO, Sandra Eskenazi Mental Health Center), Doug Hunsinger (Executive Director of Drug Prevention, Treatment and Enforcement), and petitioner attorney Joseph Calderon, who argued the clinic would provide life-saving services and is needed in a high-overdose area. Community members also voiced concerns about the clinic's proximity to LaSalle Park and schools.
- 2022 DV3031 (6619 E. 43rd Place – carport): Petitioner Alfred Popper requested a variance for a 12-foot front setback (required 25 feet). Remonstrators were not present, but staff noted the carport was built without permits and was a violation. Popper stated he would remove the carport if the tenant moved out, which led to a debate about adding that as a condition.
- 2022 UV3020 (4840 S. Meridian St – auto sales): Petitioner Daniel Russello and Brian Collins (co-owner of Ideal Auto Sales) sought a variance to operate an auto sales lot. No remonstrators appeared, but staff opposed the request. The petitioner argued the existing mechanic shop was rundown and the auto sales would improve the site. Staff argued the use is not permitted in C3 and would overintensify the site.
- 2022 UV3021 (4301 W. Southport Rd – truck storage): Petitioner Jason Lucking represented Lawler Trucking, seeking a variance for truck storage and service in a floodway fringe. No remonstrators appeared. Staff opposed, citing floodway safety and non-compliance with the comprehensive plan. The petitioner argued the site is already used for similar purposes and would be safe.
- 2022 DV1040 (2801 W. 86th St – Brebeuf Jesuit sign): Petitioner Murray Clark (attorney) requested a variance for a digital component on a monument sign. No remonstrators present, but staff recommended denial because the sign is within 300 feet of a protected district and digital displays are not permitted in SU2 districts. Support letters from Pike Township Residents Association and neighboring commercial properties were noted.
- 2022 DV1044 (1206 St. Paul St – front-load garage): Petitioner Paul Lambey (land use consultant) represented RCA Properties, requesting a variance for a front-loaded garage. No remonstrators, but staff opposed, citing the ordinance's prohibition and the availability of alternatives. The petitioner argued the shallow lot and lack of alley access create a practical difficulty.
- 2022 DV2027 (3048 S. McClure St – side setbacks): Petitioner Sarah Walters requested a variance for reduced side setbacks. She withdrew the south side setback request and agreed to commitments with Decatur Township Civic Council. No remonstrators present. Staff still opposed, but the board approved.
- 2022 DV2032 (8335 Keystone Ave – skyline signs): Petitioner Timothy Oakes (attorney) requested a variance for two skyline signs on the western elevation. No remonstrators, but staff recommended denial. The petitioner argued the building is oriented toward Keystone and the east side faces a cemetery, making the second sign necessary. The board approved.
- Lamar Advertising consolidated petitions (2022 UV2017, UV3018, UV3019): These three petitions sought to convert existing static billboards to digital displays along I-465. Public opposition included Pat Andrews (Decatur Township Civic Council and Marion County Alliance of Neighborhood Associations), Susan Blair (Pike Township Residents Association), Edwin Locke (PTRA), Ron Phillips (Warren Township Development Association), and Tom Lorenz (Northwest Perry Neighborhood Association). They argued digital billboards are banned, pose safety risks, create light pollution, and would set a precedent for proliferation. Petitioner Alan Townsend (counsel for Lamar) argued digital signs are safe, allowed in many locations, and would modernize existing signs. Staff recommended denial, citing the 2019 City-County Council decision and failure to meet practical difficulty standards.
Discussion Items
- 2022 UV3024 (Methadone clinic): The petition requested a variance of use to allow a methadone clinic within 345 feet of a dwelling district (500 feet required). The clinic would be operated by Eskenazi Health. Staff recommended approval subject to a plan of operation and commitments. Remonstrators raised concerns about property values, safety, and proximity to a park. The board voted 3-2 to approve (Taft, Radford, Brown yes; Bland, Bohannon no).
- 2022 DV3031 (Carport): The petition sought to legalize an existing carport with a 12-foot front setback (25 feet required). Staff opposed, citing the lack of permits and available alternatives. The board added a condition that the carport must be removed if the current tenant moves out. The vote was 3-2 to approve (Radford, Bohannon, Brown yes; Bland, Taft no).
- 2022 UV3020 (Auto sales): The petition requested a variance for auto sales and reduced setbacks on a C3-zoned property. Staff opposed, arguing the use is not permitted and would overintensify the site. The board voted 2-3 to deny (Radford, Bohannon yes; Bland, Taft, Brown no). The denial was continued for adoption of findings of fact.
- 2022 UV3021 (Truck storage): The petition sought a variance for truck storage and service in a floodway fringe. Staff opposed, citing flood safety and inconsistency with the comprehensive plan. The board voted 3-2 to approve (Bland, Bohannon, Brown yes; Radford, Taft no).
- 2022 DV1040 (Brebeuf Jesuit sign): The petition sought a variance for a digital display on a monument sign. Staff opposed, but the board voted 4-1 to approve (all except Taft).
- 2022 DV1044 (Front-load garage): The petition sought a variance for a front-loaded garage. Staff opposed, but the board voted 4-1 to approve (all except Bland).
- 2022 DV2027 (Side setbacks): The petition sought variances for reduced side setbacks. The petitioner withdrew the south side request and agreed to commitments. Staff still opposed, but the board voted 5-0 to approve.
- 2022 DV2032 (Skyline signs): The petition sought a variance for an additional skyline sign. Staff opposed, but the board voted 4-1 to approve (all except Taft).
- Lamar Advertising petitions (2022 UV2017, UV3018, UV3019): The board considered these together. After hearing testimony and staff reports, the board voted on each petition with three members present (Bohannon, Brown, Radford) due to earlier departures. 2022 UV2017 was denied 0-3, 2022 UV3018 was denied 0-3, and 2022 UV3019 resulted in an indecisive vote (1 yes, 2 no), leading to an automatic continuance to the October 18, 2022 hearing.
Key Outcomes
- Approved: 2022 UV3024 (methadone clinic) – 3-2; 2022 DV3031 (carport) – 3-2 with condition; 2022 UV3021 (truck storage) – 3-2; 2022 DV1040 (Brebeuf sign) – 4-1; 2022 DV1044 (front-load garage) – 4-1; 2022 DV2027 (side setbacks) – 5-0; 2022 DV2032 (skyline signs) – 4-1.
- Denied: 2022 UV3020 (auto sales) – 2-3; 2022 UV2017 (Lamar sign) – 0-3; 2022 UV3018 (Lamar sign) – 0-3.
- Continued: 2022 UV3019 (Lamar sign) – indecisive vote, automatically continued to October 18, 2022.
- Expedited petitions: All four approved unanimously (5-0).
- Continuances: Six petitions continued to October 18, 2022.
- Staff announcement: Staff announced a potential swing hearing in November or December, with details to follow.
The meeting adjourned after the final votes.
Meeting Transcript
Thank you. That's okay. I'll just tell you uh I go first. Staff goes as well. Are we for the part of time? One's the start. No, they've got I've got to make a phone. Oh, yeah. Yeah. Yes, those are spoken. Maybe. We've got to prep for a big one tomorrow. We've got plenty of materials. Having the state back in the last case. Serve as chair of various petitions. She's gonna she's fairly as well. No, I've got continuing here. Okay. Okay. Sliding skate. This is the Metropolitan Board of Zoning Appeals. Um I'm gonna call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division Three. I'm Joanna Taff, Chairperson of Division Three. Other board members present to my left are uh Bart Brown and Roderick Bohan, and to my right, Percy Bland and Cameron Radford. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Eddie Honeya, Principal Planner 2, Robert Uhlenhack, senior planner, Marlene Iraheta, senior planner, Genesis Hill, associate planner, Heather Steffen, senior specialist and secretary to the board. Matt Pleasant is the current planning administrator. The board is copies of the zoning ordinances that would 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 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 the 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. The petitioner will 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 and 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 nose sign 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 this 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 of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for granted variants to be valid. Compliance with the 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.
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