Indianapolis Board of Zoning Appeals Hearing - May 24, 2023
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Indianapolis Board of Zoning Appeals Meeting Summary - May 24, 2023
The Indianapolis Board of Zoning Appeals (BZA) convened on May 24, 2023, with three members present (Chairperson Bohannon, Binder, and Barnes) to hear requests for continuances, waivers, and variances. The board addressed expedited and non-expedited dockets, making decisions on residential, commercial, and industrial property matters. The meeting included public testimony, staff recommendations, and votes on each petition. Several cases were continued to future hearings due to indecisive votes.
Continuances and Waivers
- Arbor Street (2023 UV 3003): Granted a two-month continuance to July 18, 2023, at the petitioner's request, with staff support. Final continuance allowed.
- 2023 DV 2006 (231 Hendricks Place): Granted a 13-day waiver of mailing notice due to a typo in the original address; staff confirmed the public was aware.
- 2023 UV 3009 (1330 Sadlier Circle West Drive): Acknowledged withdrawal of the use portion of the variance; development standard request remained on the expedited docket.
- 2023 DV 3018 (1223 Lexington Avenue): Granted a two-day waiver of legal notice; staff had no objection.
- 2023 DV 2007 (1502 West 25th Street): Speaker initially requested a two-day waiver but determined it was not needed; remained on expedited docket.
- 2023 DV 3016 (1616 Marlowe Avenue): Granted a one-day waiver of notice; staff had no objection.
- 2023 UV 3-004 (349 North Post Road): Withdrawal of petition acknowledged.
- 2023 UV 3-006 (3650 and 3652 South Meridian Street): Withdrawal of petition acknowledged.
- 2023 UV 3-010 (1041 South East Street): Granted a one-day waiver of notice for the expedited docket.
- 2023 DV 3017 (1700 West 10th Street): Granted a continuance to June 20, 2023, without additional notice; first request by petitioner.
Expedited Docket
All expedited cases were read, and the board voted separately on each. The following petitions were approved unanimously (3-0):
- 2023 DV 2006 (231 Hendricks Place): Variance for a single-family dwelling with a 5.5-foot rear yard setback (15 feet required).
- 2023 DV 2007 (1502 West 25th Street): Variance for a 5-foot corner side setback (8 feet required).
- 2023 DV 3014 (5464 East 18th Street): Variance for a covered addition resulting in a 3.5-foot side yard setback (5 feet required).
- 2023 UV 3010 (1041 South East Street): Variance to legally establish residential uses and reduce setbacks (10-foot front and side, 15-foot rear required).
- 2023 DV 3018 (1223 Lexington Avenue): Variance for a 5-foot side yard setback and 37% open space (40% required).
2023 UV 3009 (1330 Sadlier Circle West Drive) received 2 yes and 1 no votes, resulting in an indecisive vote and automatic continuance to the June 20 hearing. The petitioner requested transfer to another board, but the chair noted rules require a second attempt before transfer.
Non-Expedited Cases
2023 DV 1016 (2701 Wheeler Street) - Approved
- Petitioner: Georgia May Craig, represented by Gary Cole, requested a variance to allow vehicular access from 27th Street instead of the improved alley. They cited safety concerns, poor alley conditions, and adjacency to neighboring properties already using 27th Street. A supporter, Vernon Compton (President of Brightwood Concerned Citizens), spoke in favor.
- Staff: Opposed, citing the 2016 ordinance requiring alley access for lots under 200 feet, safety benefits of reducing curb cuts, and the alley being in good condition. They noted the driveway would be 30 feet from the intersection.
- Vote: 3-0 in favor. The board approved the variance.
2023 DV 3011 (1855 North Shadeland Avenue) - Continued (Indecisive)
- Petitioner: MG Oil Inc., represented by Cindy Thrasher, requested a 23-foot-tall illuminated sign (max 20 feet, illumination prohibited within 50 feet of protected district). The petitioner withdrew the illumination and LED portions, leaving only the height variance.
- Staff: Opposed, recommending a sign face change or alternative location, but the petitioner argued the existing sign cabinet needed replacement.
- Vote: 1 yes (Bohannon), 2 no (Binder, Barnes) – indecisive, continued to June 20 without additional notice.
2023 DV 3015 (2300 North Sherman Drive) - Denied
- Petitioner: CR Commercial Parking LLC, represented by John Cross, requested a variance for an unmarked, unpaved gravel parking area for truck/trailer storage. They cited financial hardship (paving estimates of $384,000 for asphalt, $1 million for concrete) and the site's existing use.
- Remonstrator: Vernon Compton (Brightwood Concerned Citizens) opposed, citing dust, runoff, and proximity to Pogue's Run, and demanded paving.
- Staff: Opposed, noting the site was vacant until 2018, had standing water, no striping, and could accommodate 200+ trucks; staff argued the owner could afford paving after purchasing the property for $2.225 million.
- Vote: 0-3, denied. The petition was continued for adoption of findings of fact.
2023 DV 3016 (1616 Marlowe Avenue) - Continued (Indecisive)
- Petitioner: James A. Allen, represented by David Deering, requested a variance for a 6-foot front yard fence (max 3.5 feet). Allen testified about safety concerns due to a nearby drug house and prior intrusions. Deering noted several existing 6-foot fences in the area, arguing no adverse effect.
- Staff: Opposed, citing safety and visibility concerns, suggesting cameras or shrubs as alternatives. Staff noted three letters of opposition and two letters of support.
- Vote: 1 yes (Binder), 2 no (Barnes, Bohannon) – indecisive, continued to June 20 without additional notice.
Key Outcomes
- Approvals: 5 expedited cases (2023 DV 2006, 2007, 3014, 3018, and UV 3010) and 1 non-expedited case (2023 DV 1016) were approved.
- Denials: 1 case (2023 DV 3015) was denied.
- Continuations: 3 cases (2023 UV 3009, 2023 DV 3011, 2023 DV 3016) were continued to June 20, 2023 due to indecisive votes. Additional continuances were granted for other cases.
- Waivers: Several notice waivers (ranging from 1 to 13 days) were granted.
- Withdrawals: Acknowledged withdrawals for 2023 UV 3009 (partial), 2023 UV 3-004, and 2023 UV 3-006.
The board adjourned after completing the docket, with no further business.
Meeting Transcript
The staff member present for the division of planning are Eddie Huneya, Principal Planner 2, Jeff Ewick, Principal Planner 2, Robin Yolik Haik, Senior Planner, Marlena Araheide, Senior Planner, Allison Richards, Senior Planner, and Heather Steph and Senior Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. The board has copied his own orders that will be incorporated by reference into the record of each case heard today. The proceedings of these hearings are governed by the board rules of procedure. The expat case will be heard immediately after all requests for continuance or withdrawal. As each non-expat case is called, petitioners and remonstrated interest in the particular case will be will please stand. Those who tend to testify will please remain standing and be sworn in. 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 argument and support of petitioners. Remonstrators and person appearing in opposition to petition shall have a maximum of 15 minutes for the presentation of evidence, statements, and argument in opposition to the petition. Staff will then be present. The administrator's comments regarding the petition. The petition will then be allowed five minutes for rebuttal and the summation of the case. No further evidence, statements, or argument will be heard unless it is at the discretion of the board. Please limit your testimony and evidence to the matter covered in the statutory requirement, which must be met in order for the board to grant a variance. If the petitioner failed to comply with all notice requirements as stipulated by the board rules procedure, including posting a notice sign on the subject property at least 23 days prior to the board, prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks they complete and proper notice has not been given and would like the petition continued due to lack of proper notice must bring this man to the board attention at the beginning of the hearing. The board may impose various conditions or commitment as the amendment before reaching a decision on certain petitions. The installation landscaping and screening, the pavement of parking areas, the decoration right-of-ways are example. These conditions and commitments are integral part of the board decision and must be met for granted variance to be valid. Compliance with condition imposed by the board must be approved by an affidavit for compliance submitted by the petition within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvement. Failure to comply with any conditions or commitment at a variance granted is violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the filing petition for judicial review of a decision of Board. The written request must be filed within five days of the board decision and must include the person's full name and correct mailing address and a reference of the board petition number. Forms are available and may be attained by the board from the board secretary. Please be advised that contacting members of the board regarding a matter pending for the board outside of public hearing is prohibited. Please be courteous and orderly at all times and please be sure that all cell phone rings are turned off. Please know there are only three members present today. It requires three votes to take an action request. If there's anyone in this audience who thinks they would like a continuance, you may ask when we ask. Move. Seconded. I will ask for a vote binder. Yes. Barnes. Yes. O'Hannon, yes. We will consider special requests and continuance at this time. Um I'm Vanessa with uh 3146 and 3202 Arbor Street. Um I've asked for uh continuance for July 18th. Um any comment from staff on the individual request. Thank you, Chairperson Bohannan and members of the board. Um staff is aware that the petitioner does need additional time to provide the um documents for this petition to move forward. Therefore, we're comfortable with the two-month continuance to the July 18, 2023 hearing date. That would be with additional notice, and that would be the final continuance that staff would support. Anyone from the audience who have an interest in this petition of 2023 UV 3003. If not, has there? Do we need a vote? Yes.
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