Metropolitan Board of Zoning Appeals Division III Public Hearing - March 21, 2023
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Metropolitan Board of Zoning Appeals Division III Public Hearing - March 21, 2023
The Metropolitan Board of Zoning Appeals Division III met on March 21, 2023, at 18:15 UTC, to conduct a public hearing on variance petitions. Chairperson Joanna Taft presided, with members Roderick Bohanon, Rayanna Binder, Paula Rivera, and Percy Bland (who arrived later) present. Legal counsel Chris Steinmetz and Division of Planning staff supported the board. The board approved a motion to waive rules of procedure to allow voting on all expedited petitions without additional testimony. The board then considered special requests, expedited petitions, and four non-expedited variance cases, approving, denying, and continuing various matters.
Special Requests and Continuances
- 2022 UV 3039 (6500 Westfield Blvd): The variance of use was withdrawn; the remaining variance of development standards was moved to the expedited docket.
- 2023 UV 3003 (3146 and 3202 Arbor St): Continued to the May 23, 2023, hearing at petitioner's request.
- 2023 UV 3004 (3049 North Post Rd): Continued to May 23, 2023; staff noted it would be the last continuance supported.
- 2022 DV 3046 (1321 Sturm Ave): Granted a three-day waiver for the second notice requirement.
- 2023 DB 303 (1739–1795 N Shadeland Ave): Petition withdrawn.
- 2023 DV 3007 (9539 Prospect St): Continued to April 18, 2023, with notice, to allow amendments.
- 2023 DV 3009 (10,700 E Troy Ave): Moved to the expedited docket after no remonstrators appeared.
- 2022 UV 3029 (1009 W Edgewood Ave): Continued to April 18, 2023, with notice, due to substantial amendments requiring additional review.
Expedited Docket
- 2022 DV 3046 (1321 Sturm Ave): Approved 5–0 for variances to legally establish an existing 2-foot rear-yard setback on lot 24 (15-foot required), construct an addition with a 2-foot rear setback on lot 25, and maintain a 6-foot front-yard fence (3.5-foot maximum).
- 2022 UV 3039 amended (1751 S Meridian St): Approved 5–0 for variances for a parking area with zero-foot transitional yard along the alley and 2-foot north transitional yard, a trash enclosure, and an outdoor patio with a 5-foot transitional yard along Caven Street.
- 2023 DV 3009 (10,700 E Troy Ave): Approved 5–0 for variance to construct a single-family dwelling and accessory structures on a lot without street frontage (125 feet required).
Discussion Items
- 2023 DV 3006 (6039 S Harding St): Approved 4–1 with conditions. Petitioners sought variances for an existing carport and mini barn in the front yard, citing constraints from a septic field, overhead power lines, and flood-prone property. The board conditioned approval on maintaining existing front-yard landscaping, lowering the carport by four feet, and completing the work within 12 months. Member Taft dissented.
- 2023 DV 3002 (3620 S East St): Continued to the April 18, 2023, hearing. The petitioner (Felbram Holdings LLC) sought variances for seven uncovered trash dumpsters in the front yard along National Avenue. During the hearing, staff stated the filing fee had not been paid. The board continued the case, with the requirement that the fee be paid before notice is sent. Remonstrators' presence and testimony were noted for the record.
- 2023 DV 3005 (7548 E Washington St): Denied 2–3. The petitioner requested variances for a car dealership parking lot with a 6-foot front-yard setback along Mitchner Avenue (25-foot required) and existing 29–30-foot driveways (24-foot maximum). The petitioner withdrew requests for a transitional yard and deficient landscaping after staff confirmed compliance. Staff recommended denial, citing the transit-oriented development overlay standards. An opposition letter from Indigo was noted. The board continued the case for adoption of findings of fact.
- 2023 DV 3008 (5030 S Port Crossing Pl): Approved 3–2. McDonald's Corporation sought a variance for a restaurant remodel adding a second drive-through lane and stacking spaces within the front yard, plus walkway requirements. The petitioner withdrew the dumpster component after staff noted a prior variance. Staff recommended denial, but the board approved with conditions, including additional landscaping along Southport Road and Emerson Avenue.
Public Comments & Testimony
- In 2023 DV 3002, remonstrator Joyce Metzger expressed frustration that the case was continued after she and others took time off work; she asked that the board ensure payment was made before rescheduling. City-County Councilor Kristen Jones requested that the record reflect remonstrators' presence at the hearing for the continued date.
- In 2023 DV 3005, staff noted an opposition letter from Indigo.
- No in-person remonstrators testified for the other cases.
Key Outcomes
- Expedited petitions approved unanimously (5–0): 2022 DV 3046, 2022 UV 3039 amended, 2023 DV 3009.
- 2023 DV 3006 approved 4–1 with conditions.
- 2023 DV 3005 denied 2–3; findings of fact to be adopted later.
- 2023 DV 3008 approved 3–2.
- Continuances granted: 2023 UV 3003, 2023 UV 3004, 2023 DV 3007, 2022 UV 3029, and 2023 DV 3002 (the latter due to unpaid filing fee).
- Withdrawals acknowledged: 2022 UV 3039 (use variance) and 2023 DB 303.
Meeting Transcript
I'm gonna call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I'm Joanna Taft, Chairperson of Division III. Other board members present to my left is Roderick Bohanon and Rayanna Binder. To my right is Paula and Garita Rivera, and we are expecting Percy Bland in just a few minutes. Legal counsel for the board today is Chris Steinmetz. Staff members present from the Division of Planning are Edri Eddie O'Neah, Principal Planner 2, Robert Ulenhaik, Senior Planner, Marlene Arahetta, Senior Planner, Alison Richardson, Senior Planner, Brandon Badger, Senior Planner, Heather Stefan, Senior Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. The board is copies of the zoning ordinances 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 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 administrator's comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and the summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for a 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 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 and 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 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. Failure to comply with any conditions or commitments of a grant is a violation 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 contact 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? Before we hear special requests, I'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. So I need a motion, so I want you to say Bohanna so move. Thank you. And then a second second. And then I'll ask for a vote. Bohanan. Bohanon, yes. Rivera? Yes. Binder. Yes. Taft. Yes.
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