Indianapolis Metropolitan Board of Zoning Appeals Division III Meeting - December 20, 2022
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Indianapolis Metropolitan Board of Zoning Appeals Division III Meeting - December 20, 2022
The Metropolitan Board of Zoning Appeals Division III convened on December 20, 2022 at 1:00 PM (18:00 UTC) under Chairperson Joanna Taft. Board members present included Roderick Brohannan, Bart Brown, Cameron Radford, and later Percy Bland. The docket included continuances, withdrawals, and two contested variance petitions. Both petitions received staff recommendations for denial but were approved by the board with 3-2 votes.
Consent Calendar
- 2022-DV3-046 (1321 Sturm Avenue): Continued to January 17, 2023, with additional notice at the petitioner's request. Staff had no objection.
- 2022-UV3-031 (10435 East Washington Street): Initially moved to the end of the docket for further discussion, the petitioner later withdrew the petition and requested fee transfer to a new plat petition. Staff supported the transfer and withdrawal.
- 2022-UV3-032 (10859 East Washington Street): Continued to January 17, 2023, at the petitioner's request to allow revisions. Staff had no objection.
- 2022-UV3-036 (1516 East Edwards Avenue): Withdrawn by the petitioner at the hearing. Staff acknowledged the withdrawal.
- 2022-DV3-050 (3501 South East Street): A registered neighborhood organization’s automatic continuance to January 17, 2023, was acknowledged by the board.
- 2022-DV3-049 (2315 North Spencer Avenue): Continued to January 17, 2023, at staff’s request for additional information and amendments.
Public Comments & Testimony
- No public comments or testimony were offered outside of the formal petition hearings.
Discussion Items
- 2022-UV3-034 (3030 North Shadeland Avenue) – Auto Sales Lot Variance: Petitioner Abdallah Alshorman, represented by David Kingen, requested a variance of use to operate an auto sales lot (C-5 use) on a C-4 zoned site (former bank). The petitioner cited the property’s two-and-a-half-year vacancy and support from two neighborhood organizations. Commitments included landscaping, ornamental fencing, a 40-vehicle limit, and a list of excluded uses. Staff recommended denial, arguing the use would deviate from the Comprehensive Plan (community commercial), encourage encroachment of heavy commercial uses north of I-70 toward a planned transit corridor, and that no hardship existed because the property could be used for permitted C-4 uses. The board approved the variance by a 3-2 vote (Bohannan, Bland, Radford voting yes; Taft, Brown voting no).
- 2022-UV3-035 (1621 East Thompson Road) – Dog Training and Boarding Variance: Petitioner Margaret Bridges, represented by Russell Brown, requested a variance of use to operate a dog training and boarding business (C-3/C-4 use) on a D-3 zoned single-family residential property. The petitioner argued the operation qualified as a home occupation under the ordinance and presented a plan limiting to 10 dogs overnight, 6 daily customers, and 600 sq. ft. indoor use. A letter of support from an adjacent neighbor was submitted. Staff recommended denial, citing the defined commercial use, potential noise/odors, gravel driveway concerns, and inconsistency with the Comprehensive Plan. The board approved the variance by a 3-2 vote (Bohannan, Brown, Radford voting yes; Taft, Bland voting no).
Key Outcomes
- 2022-UV3-034 approved (3-2): Auto sales lot permitted subject to plan of operation and commitments.
- 2022-UV3-035 approved (3-2): Dog training and boarding permitted subject to plan of operation.
- All continuances and withdrawals were granted as requested.
- The board adopted findings of fact for prior petitions 2022-DV3-048, 2022-UV1-026, negative findings for 2022-DV3-0042, and transferred petition 2022-DV2-039.
- The next regular hearing is scheduled for January 17, 2023.
Meeting Transcript
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 Taft, Chairperson of Division Three. Other board members uh present today are Roderick Brohannan and Bart Brown to my left and Cameron Radford to my right, and we are expecting Percy Bland in a few minutes. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Robert Ulan Hay, Senior Planner, Heather Steffen, Senior Specialist and Secretary of the Board, Matt Pleasant, current 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. 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 to 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 petitions at 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. 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's any questions about our procedure? Okay. Um so we will consider special requests and continuances at this time. Good afternoon, uh, Chairperson Taft, uh Joe Calder and 11 South Meridian, Indianapolis. I represent the petitioner in 2022 UV 30310435 East Washington Street. We this is gonna be a different kind of request. Um in talking with uh planning staff just moments before the hearing, there were discussions about changing the overall request, which we're contemplating. However, we need to get a hold of the landlord in order to make that decision. We've just left a message. So if there's an opportunity to move us from what theoretically would be the first case heard since we're in the continued portion of the docket to the end of your docket, just to give us a little time to figure that part out, we would appreciate that consideration. I apologize. I didn't have time to tell Matt because he came in in the hallway while we were trying to okay get this resolved. All right, let me um just pull the audience, see if there's anybody that is concerned by that. Is there anyone here who is interested in 2022 UV 3031 who does not want the case moved to the end of the docket? Okay, let's hear from staff. Thank you, Chairperson Taft. Staff has no objection to moving to the end of the docket. Okay, so I think we need a motion. Bohan is so move. And a second. Brown second. And I'll pull the board. Um I say first names. Bradford. Radford, yes. Uh Bohanan. Bohannon, yes. And Brown. Brown, yes.
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