Metropolitan Board of Zoning Appeals Division III Hearing - November 22, 2022

The Metropolitan Board of Zoning Appeals Division III met on November 22, 2022, at 1:00 PM in the Public Assembly Room of the City-County Building, Indianapolis, Indiana, under the chairmanship of Joanna Taft. The board considered several variance petitions, including signage disputes, commercial building setbacks, and storage additions, with staff recommendations ranging from denial to approval. Key discussions involved sign proliferation, protection of residential districts, and practical difficulties arising from government action.

Consent Calendar

• 2022-DV3-043 (1423 South State Avenue): Approved as an expedited petition without objection. The variance legally established an existing zero-foot south side setback and permitted a two-foot south setback for a building addition, subject to the commitment that the zero-foot setback applies only to the existing dwelling built in 1930; if demolished or replaced, the variance lapses.

Public Comments & Testimony

• City-County Councillor Dan Boots (District 3): Spoke in opposition to 2022-DV2-039 (6111 N. Keystone) and 2022-DV3-048 (6303 E. 82nd Street). He argued that Keystone Avenue suffers from "significant sign pollution" and that signs should be monument-style rather than pylon. For the Castleton area, he noted the adopted Castleton Plan calls for reducing digital and pole signs, and he urged denial of petitions that increase sign intensity. He expressed no objection to an existing illuminated pole sign or a dumpster at 6303 E. 82nd Street but opposed any digital display.
• Thomas Lorenz (Northwest Perry Neighborhood Association): Remonstrated against 2022-UV3-030 (4613 S. Harding Street), opposing a height increase from 40 to 60 feet for a relocated billboard. He stated the neighborhood recognized the need for relocation due to INDOT construction but argued the replacement should match the original dimensions, and no definitive evidence of roadway elevation change had been provided.
• Zach Decker (Carson Plus LLC, adjacent property owner): Opposed 2022-DV3-045 (3141 E. Thompson Road), asserting the petitioner had no recorded easement to use his property for access and that the hardship was self-imposed; the building could be redesigned or reduced in size.

Discussion Items

• 2022-DV2-039 (6111 North Keystone Avenue): Petitioner Lauren Obendorf (Green Sign Company) requested a variance for a fourth freestanding pylon sign and digital display within 400 feet of a protected district for Culver's restaurant. They argued the sign was essential for navigation and branding, with brightness controlled. Staff and Councillor Boots opposed on grounds of sign proliferation, proximity to residential (405 feet), conflict with 2019 sign regulations, and lack of practical difficulty. The board denied the petition 4-1 (Bohanan voted yes).
• 2022-DV3-042 (3510 South Keystone Avenue): Petitioner David Gilman requested a 40-foot tall pole sign with digital display for Richmond Exteriors, citing poor visibility from I-65 and seasonal advertising needs. Staff opposed due to height (20 feet allowed), digital display not permitted on pole signs, and proximity to protected district (210 feet). The board denied unanimously 5-0.
• 2022-UV3-030 (4613 South Harding Street): Petitioner Mike Lewinsky (Lamar Advantage) requested relocation and height increase (to 60 feet) for a billboard displaced by INDOT's I-465/I-69 expansion. The digital conversion request was withdrawn as an administrative mistake. Staff recommended approval, citing a government-imposed practical difficulty and Indiana Code 8-23-20-25.6. The motion passed 4-1 (Taft voted no).
• 2022-DV3-048 (6303 East 82nd Street): Petitioner Sean Smith (City Barbecue) sought variance for an internally illuminated pole sign with digital display and a dumpster in the front yard. After discussion, the digital display request was withdrawn. The board voted to split the ballot and then withdrew that motion; a single vote on the dumpster with a landscaping commitment passed 5-0.
• 2022-DV3-045 (3141 East Thompson Road): Petitioner Bill Niemier requested a 96.5-foot front setback (max 85 feet) for a new pharmacy building, citing constraints from an existing pylon sign on an adjacent parcel. The adjacent owner disputed access rights. Staff recommended denial, asserting the design could be rotated or reduced. The board voted 3-2 to approve (Radford, Brown, Bohanan yes; Bland, Taft no).
• 2022-DV3-047 (920 Mitthoefer Road): Petitioner Martin Tomey requested a building addition with 24-foot height and 15-foot rear transitional yard for an auto repair shop. He argued roof pitch needed to avoid water damage, and bad weather hindered vehicle storage. Staff opposed citing overdevelopment and no practical difficulty. The board approved 3-2 (Taft, Brown, Bohanan yes; Radford, Bland no).

Key Outcomes

• 2022-DV2-039: Denied (4-1) – continued for adoption of negative findings of fact.
• 2022-DV3-042: Denied (5-0) – continued for adoption of negative findings of fact.
• 2022-UV3-030: Approved (4-1) – continued for adoption of positive findings of fact; digital conversion request withdrawn.
• 2022-DV3-048: Approved (5-0) – dumpster portion only, with commitment to work with staff on landscaping; digital display request withdrawn.
• 2022-DV3-045: Approved (3-2).
• 2022-DV3-047: Approved (3-2).
• 2022-UV3-029 (1009 West Edgewood Avenue): Continued to January 17, 2023, at petitioner's request.
• 2022-UV3-033 (8020 Brookville Road): Withdrawn by petitioner; $2,044 filing fee transferred to a future rezoning petition, acknowledged by board.
• 2022-DV3-044 (111 Albert Drive): Withdrawn by petitioner, acknowledged.
• 2022-UV3-032 (10859 E. Washington Street): Continued to December 20, 2022, at petitioner's request.
• 2022-DV3-046 (1321 Sturm Avenue): Automatically continued to December 20, 2022, due to a timely neighborhood organization request; petitioner intends to amend with new notice.