Metropolitan Board of Zoning Appeals Division III Public Hearing - January 17, 2023
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Metropolitan Board of Zoning Appeals Division III Public Hearing - January 17, 2023
The Metropolitan Board of Zoning Appeals Division III held a public hearing on January 17, 2023, chaired by Joanna Taft, with board members Roger Bohannan, Percy Bland, and others. Legal counsel Chris Steinmetz and planning staff were present. The meeting addressed continuances, expedited petitions, and several variance cases, resulting in approvals for most petitions but denial of one.
Consent Calendar
- Two expedited petitions were approved unanimously after no opposition: 2022 DV3052 (variance for lot frontage and setbacks at 1730 Wishmeyer Lane) and 2022 UV3032 (variance for building line and parking at 10859 East Washington Street).
Public Comments & Testimony
- William Lee (369 North Brewer Street, Greenwood, IN) expressed concern about parking for petition 2022 UV3039 but did not oppose the continuance.
- Greg Stevens (2609 East Banta Road) opposed petition 2022 UV3038, arguing that the petitioner’s fleet of commercial vehicles and stored materials negatively impacted the residential neighborhood and would reduce property values. He stated that no other homeowners operated a business of this scale.
- Brad and Sarah Baxter (5964 East Fall Creek Parkway North Drive), represented by attorney James Scahill, opposed petition 2022 DV3055. They argued the setback violation was self-imposed, that the house now directly overlooks their swimming pool, and that it would substantially reduce their property value and marketability. Mr. Baxter testified that the builder knowingly placed the house 11.5 feet from the property line instead of the required 25 feet.
- Latasha Bradbury and Christian Rector (petitioners for 2022 DV3055) described their reliance on permits issued by the city and the financial and emotional hardship of having construction halted.
Discussion Items
- Continuances: Several cases were continued to future hearings:
- 2022 UV3039 continued to February 21, 2023, without additional notice.
- 2022 UV3029 continued to March 21, 2023, with staff noting this was the last continuance they would support.
- 2022 DV3046 and 2022 DV3049 continued to February 21, 2023, with additional notice.
- 2022 DV3056 continued to February 21, 2023, due to petitioner’s absence.
- 2022 UV3037 was acknowledged as having an automatic continuance filed by a remonstrator.
- 2022 DV3054 was withdrawn by the petitioner.
- 2022 DV3050 (3501 Southeast Street): Petitioner Joe Calderan requested a variance for a digital display sign on an existing pole sign at a Crew Car Wash. He presented commitments to reduce sign area, limit message duration to 30 seconds, and shut off the sign between 10 p.m. and 6 a.m. Staff recommended denial, citing proximity to protected districts and safety concerns. The board approved 4-1.
- 2022 DV3051 (6830 Lake Plaza Drive): Petitioner Michael Rabinowich sought variances to allow 31 parking spaces (maximum 23) and one stacking space (two required) for a Chipotle restaurant with a mobile app pickup window. Letters of support from the Greater Allisonville Community Council and City-County Councilor Dan Boots were presented. Staff recommended denial, stating the parking data did not justify the need and the stacking space requirement was not met. The board approved 4-1.
- 2022 DV3053 (1028 East Edwards Avenue): Petitioner James Riedeman requested a variance for driveway access from Edwards Avenue instead of the required alley. He explained that the house was built under permits issued by the city, and that the alley was often obstructed. Staff recommended denial, citing the TOD overlay principles favoring alley access. The board approved 5-0.
- 2022 DV3055 (5959 Fall Creek Road): Petitioner Christian Rector and Latasha Bradbury requested a variance to reduce the rear setback from 25 feet to 11.5 feet for a single-family home. The home was already under construction with permits. Staff recommended denial, noting the site could accommodate the required setback. Remonstrators argued the variance was self-imposed and would harm their property. The board voted 0-5 to deny the petition.
- 2022 UV3038 (2530 East Banta Road): Petitioner Fernanda Santana requested variances to operate a general contractor business, including storage of commercial vehicles, and to allow a loft shed and two existing accessory structures within a corner front yard. Staff recommended denial for the use and loft shed, but approval to legally establish the two accessory structures. Remonstrator Greg Stevens opposed the business use. The board voted: Part A (use and loft shed) denied 0-5; Part B (two accessory structures) approved 5-0.
Key Outcomes
- Continuances: All requested continuances were granted as noted.
- Expedited petitions: Approved unanimously.
- 2022 DV3050 (Crew Car Wash digital sign): Approved (4-1).
- 2022 DV3051 (Chipotle parking and stacking): Approved (4-1).
- 2022 DV3053 (Edwards Avenue driveway): Approved (5-0).
- 2022 DV3055 (Fall Creek Road setback): Denied (0-5). The board directed staff to prepare findings of fact in support of the denial.
- 2022 UV3038 (General contractor and structures): Part A (use and loft shed) denied (0-5); Part B (two accessory structures) approved (5-0). Both parts continued for adoption of findings of fact.
Meeting Transcript
Okay, I'm gonna start call this meeting to order. This is a public hearing of Metropolitan Board of Zoning Appeals, Division III. I'm Joanna Taft, Chairperson of Division Three. Other board members present to my um today. To my left is Roger Bohannan, and to my right is Percy Bland. We are expecting other board members to join us. Legal counsel for the board today is Chris Steinmetz. Staff members present from the division of planning are Edri Onea, Visible Planner 2. Jeffrey York, senior planner, Robert Ulenhaik, senior planner, Marlene Irihetta, senior planner, Alison Richardson, senior planner, Heather Steffen, specialist senior specialist and secretary to the board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinance 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 rule of procedures. The expedited cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedated case is called, petitioners or 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 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 show of a maximum of 15 minutes for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present administrators' comments regarding the petition. The petition petitioner will 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 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 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 a 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 that all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? If not, um we'll continue. Before we hear from special requests, I would ask for a waiver of our board's rules of procedure to allow the board to vote for all expedited cases and adopt their findings of fact without any additional testimony from individual petitioners. So I need a motion. O'Hana, so move. I need a second. Now I'll poll the board. Bland. Yes. O'Hannon. Yes. Brown.
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