Metropolitan Board of Zoning Appeals Division III Meeting Summary – October 18, 2022
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Metropolitan Board of Zoning Appeals Division III – Meeting Summary
October 18, 2022 – The Metropolitan Board of Zoning Appeals Division III convened at 1:00 PM in the Public Assembly Room of the City-County Building. The board heard fourteen petitions, including expedited, indecisive, transferred, and continued cases, and made decisions on seven. Votes were cast by Chairperson Joanna Taft and members Percy Bland Jr., Cameron Bradford, Bart Brown, and Rodrigue Bohannon until Bland’s departure at 4:00 PM, after which four members remained.
Consent Calendar (Expedited Petitions)
- 2022‑DV3‑040 (2802 Newton Avenue) – Approved unanimously (5‑0) to allow a 22.39‑sq‑ft externally illuminated wall sign for a microbrewery in a D‑5/I‑3 district. Staff recommended approval, noting the gooseneck lighting would not face surrounding dwellings.
- 2022‑DV3‑041 (2350 Barnor Drive) – Approved unanimously (5‑0) to reconstruct a deck with an 8‑ft front setback (20‑ft required). Staff found the reduced setback matched a previously nonconforming porch and would not impact the streetscape.
Public Comments & Testimony
- 2022‑UV3‑019 (Digital Billboard) – Alan Townsend (Lamar Advertising) argued the sign conversion met all variance criteria and that digital billboards are not banned in Marion County. Remonstrators Gary Chalufo (Historic Urban Neighborhoods of Indianapolis), Thomas Lorenz (Northwest Perry Neighborhood Association), Edwin Locke, and city‑county councillor Josh Bain testified against, citing safety hazards, aesthetic impacts, and the council’s 2019 decision to prohibit off‑premise digital signs. Two emails from councillors Maori and Anna were read in support.
- 2022‑UV1‑021 (Commercial Vehicle Parking) – Petitioner Judy Poling and neighbor Ernest McFadden spoke in favor, noting 26 years of operation without complaints. Remonstrator Doug Morgan and others raised concerns about property maintenance, manure, and dust.
- 2022‑UV1‑026 (Personal Livestock) – Petitioner Alex Intermill presented support letters from neighbors, a city‑county councillor, and three neighborhood associations. Remonstrators Doug Morgan (neighbor), Kelly Smith, and others alleged fence line disputes, manure burning, and past neglect.
- 2022‑DV3‑034 (Tacoma Avenue House) – Petitioner Mark Crouch submitted a revised site plan reducing variance requests. Remonstrators Troy Wilsie, Kayla Silverman, Andrea Howard (Springdale Neighborhood Association), and Lori Klinger opposed, citing safety, foundation risks, and the developer’s alleged pattern of violations.
- 2022‑DV3‑035 (Fence Height) – Petitioner Brandon Brown and supporters (Nancy Fair, David Boykie, Russell Kish) described the wrought‑iron fence as historic, safe, and beneficial. Staff opposed, saying the fence (57 in) exceeds the 42‑in limit and creates sight‑line problems.
- 2022‑UV3‑028 (Second Dwelling) – Petitioner Andrew Wert explained plans for a carriage house for an elderly relative. Staff opposed, calling it overdevelopment of a D‑S district.
Discussion Items
- 2022‑UV3‑019 (1245 Harding Court) – Lamar requested to convert an existing 672‑sq‑ft off‑premise billboard to digital with a 50‑ft height and 10‑second message dwell. Staff recommended denial, arguing self‑created injury, feasible alternative locations, and safety risks from driver distraction on I‑465. The board denied the petition (4‑1, with Bohannon dissenting).
- 2022‑UV1‑021 (7619 Acton Road) – Request to legally park five commercial dump trucks on a D‑4 lot. Staff cited incompatibility with the residential area and self‑imposed hardship. The board approved with three yes votes (Bland, Bradford, Bohannon) and two no (Taft, Brown).
- 2022‑UV1‑026 (4200 East Raymond Street) – Request to keep four horses and a shelter on a D‑3 lot without a primary dwelling. Staff recommended denial but offered conditions (permits, max 4 horses, regular waste removal). Approved 4‑1 (Bradford opposed).
- 2022‑DV3‑034 (1324 North Tacoma Avenue) – Revised request reduced variances to alley access and landscaping (37% living material vs. 50% required). Staff now supported; remonstrators raised safety and pattern concerns. Denied 2‑3 (Taft and Bohannon yes; Bland, Brown, Bradford no).
- 2022‑DV3‑035 (3225 South Meridian Street) – Request to keep a 5‑ft wrought‑iron fence in front yard. Staff argued the 2007 ordinance limits fences to 42–48 in for safety. The board approved 3‑1 (Bohannon opposed) after Bland left.
- 2022‑UV3‑028 (6150 Iona Road) – Request for a second single‑family dwelling above a garage (1,568 sq ft, zero ground floor area). Staff said it exceeds the 720‑sq‑ft accessory limit and would double density. Denied unanimously (4‑0).
Continuances & Transfers
- 2022‑UV3‑031 (Valvoline) – Continued to December 20, 2022, with additional notice.
- 2022‑DV3‑042 (Pole sign) – Continued to November 22, 2022.
- 2022‑UV3‑025 (Childcare facility) – Transferred and continued to Board II on November 15, 2022.
- 2022‑UV3‑026 (Daycare/educational facility) – Withdrawn; $2,057 fee transferred to a rezoning petition.
- 2022‑UV3‑030 (Digital billboard) – Continued to November 22, 2022 (acknowledged).
- 2022‑UV3‑029 (Storage units) – Automatically continued to November 22, 2022 (acknowledged).
- 2022‑UV3‑022 (Duplex development) – Transferred and continued to Board II on November 15, 2022.
- 2022‑UV3‑027 (Single‑family dwelling) – Use variance withdrawn; $579 fee transferred to companion rezoning.
Key Outcomes
- Approved: 2022‑DV3‑040, 2022‑DV3‑041, 2022‑UV1‑021, 2022‑UV1‑026 (with conditions), 2022‑DV3‑035.
- Denied: 2022‑UV3‑019, 2022‑DV3‑034, 2022‑UV3‑028.
- Continued/Transferred: 2022‑UV3‑031, 2022‑DV3‑042, 2022‑UV3‑025, 2022‑UV3‑030, 2022‑UV3‑029, 2022‑UV3‑022, 2022‑UV3‑027 (use withdrawn).
- Board member Percy Bland recused after 4:00 PM, reducing the voting panel to four members for the final two petitions.
Meeting Transcript
I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Three. I'm Joanna Taft, Chairperson of Division Three. Other board members present to my right, Percy Blanche Junior. Um Cameron Bradford to my left, Bart Brown and Rodrigue Bohannon. Legal Counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Jeffrey York, senior planner, uh Robert Uhlenhae, senior planner, Alison Richardson, senior planner, Marlene Irahetta, 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 each case into the re into the record of each case heard today. Those who intend to testify will please remain standing and be sworn. Those who testify will state their name and address for the record before beginning to testify. Staff will then present the administrator's comments regarding the petition. 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. 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 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 approved 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 for 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. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? If not, um before we hear special requests, I'll ask for a waiver of our rules of procedure to allow the board for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. Is there a motion? Is there a second? Bohan is second. I'll pull the board. Bland? Yes. Bohanan? Yes. Radford? Yes. Brown? Yes. Tapped? Yes. We will consider special requests and continuances at this time. Is there anyone in the audience who's an interest in 2022 UV 3031? Seeing none, let's hear from staff. Thank you, Chairperson Taft and members of the board. Staff is supportive of the continuance request to the December 20th hearing with additional notice if needed. Is there a motion? Glad so moved.
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