Metropolitan Board of Zoning Appeals Division III Public Hearing - June 20, 2023

This public hearing of the Metropolitan Board of Zoning Appeals, Division III, convened on June 20, 2023, at approximately 6:00 PM, chaired by Joanna Taft. Board members present included Rihanna Binder, Paul and Roderick Bohannon, Percy Bland, and Paula Aguirita Rivera. Legal counsel was Chris Steinmetz. The board addressed procedural requests, unanimously approved five expedited petitions, and deliberated on three variance cases involving signs and a fence. All votes were recorded by roll call.

Consent Calendar

• Fee transfer and continuance (2023 UV 3013): Petitioner Brian Twee requested transfer of filing fees from a variance petition to a rezoning petition at staff's suggestion, and a continuance. The board approved the fee transfer unanimously and continued the case to the September 19 hearing, despite an audience member's request for an earlier date.
• Continuance (2023 UV 3012): Approved unanimously to the August 15 hearing for additional development standards review.
• Waiver (2023 DV3023): A two-day waiver of the sign notice was granted unanimously.
• Continuance (2023 DV3019): Approved unanimously to the August 15 hearing.
• Waiver (2023 UV3014): A four-day waiver of the legal notice was granted unanimously.
• Continuance (2023 DV3022): Approved unanimously to the August 15 hearing for refiling as a special exception.
• Waiver (2023 DV3021): A two-day waiver of the legal notice was granted unanimously.
• Expedited petitions: The board voted unanimously to approve five petitions without additional testimony: 2023 DV3017 (two illuminated pylon signs within 600 feet of a protected district for Kindred Hospital), 2023 DV3020 (parking expansion, resulting in 812 total spaces vs. 717 permitted for Costco), 2023 UV3009 (freestanding building with deficient setbacks and landscaping for FFFW Callaway Group), 2023 UV3014 (variance of use for up to 50 multifamily units and independent social services for BWI LLC), and 2023 UV3011 (manufacturing materials associated with a commercial contractor for City Site LLC).

Discussion Items

Case: Sign Height Variance (case number unclear; referred to as "2023 DB 301" or "2023 D V 3011")

• The petitioner, an owner of a property with an existing 21-foot sign, requested a variance to keep the sign at 21 feet rather than the 20-foot maximum. The petitioner argued that the sign cabinet is damaged and poses a safety risk, and that neighboring property is zoned mixed-use commercial, not strictly residential. The petitioner also cited a need to advertise competitive gas prices.
• Staff recommended denial, stating the sign could be reduced to 20 feet or replaced with a conforming sign, and that the property could be used without the variance.
• The board voted 4-1 to approve the variance (Rivera, Bland, Taft, and Bohannon yes; Bender no), subject to revised findings of fact.

Case: 2023 DV3021 – Fence Variance, 1690 South Spencer Avenue

• Petitioner Laisha Coons and her husband Charles Jackson testified regarding two fences: a 6-foot fence on Minnesota Street (17 years old, 30 feet from street edge, below grade) and a 5-foot fence on Spencer Avenue. They argued the fences were necessary for safety (cars and trespassers) and that the grade made the Spencer fence less visible. They requested to keep the Spencer fence at 5 feet from the south building line to Minnesota, reducing to conforming height in front of the dwelling.
• Staff gave a split recommendation: approval for the Minnesota Street fence (including encroachments into the clear site triangle and right-of-way) and denial for the Spencer Avenue portion, though staff acknowledged the grade argument.
• The board approved both parts unanimously (5-0). Ballot A (Minnesota Street) and Ballot B (Spencer Avenue from the south building line to Minnesota Street) were approved, with a condition allowing increased height based on elevation subject to administrative approval. The case was continued for revised findings.

Case: 2023 DV3023 – Pylon Sign with Digital Display, 6160 East 38th Street

• Petitioner Brent Bennett and Michael McFarland (representing Indy Fresh Market) requested a variance for a pylon sign with a 28.2-square-foot digital display located 218 feet from a protected district (400 feet required). They argued the sign is vital for the grocery store in a food desert, would be used for community announcements, and that the protected area is undeveloped. They also noted the building is under construction and the sign would be visually obstructed.
• Staff recommended denial, stating the digital display is not permitted that close to a protected district, the food desert would be served without the display, and a wall sign could be used. Staff also noted the property has high visibility from the future Purple Line.
• The board voted 3-2 to approve the variance, with Bland, Binder, and Bohannon voting yes; Rivera and Taft voting no.

Key Outcomes

• All procedural motions (fee transfer, continuances, waivers) were passed unanimously.
• All five expedited petitions were approved unanimously.
• The uncertain sign height variance was approved 4-1, with continued findings.
• The fence variance (2023 DV3021) was fully approved 5-0, with conditional grade-related height and continued findings.
• The Indy Fresh Market digital sign variance (2023 DV3023) was approved 3-2.
• The board acknowledged the withdrawal of 2023 DV3016.

The meeting was adjourned after the final votes and the signing of findings.