Metropolitan Board of Zoning Appeals Division III Meeting – July 18, 2023
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Metropolitan Board of Zoning Appeals Division III Meeting – July 18, 2023
The Metropolitan Board of Zoning Appeals Division III held a public hearing on July 18, 2023, at 6:15 PM, chaired by Joanna Taft. Board members present: Roderick Bohanan, Rihanna Bender, Percy Bland Jr., and Paula Rivera. Legal counsel Chris Steinmetz and staff from the Division of Planning attended. The meeting included waivers of notice, continuances, an expedited docket of five petitions approved unanimously, and one regular docket petition that was denied.
Consent Calendar
- Waiver of Board Rules: Approved unanimously (5-0) to allow voting on all expedited petitions together and adopt findings of fact without additional testimony.
Public Comments & Testimony
- 2023 UV3-015 (3545 North Shadeland Avenue): A business owner (Motel 6/former Shadeland Inn) opposed a continuance requested by the petitioner who was out of town. The remonstrator expressed frustration about traveling from Nashville and raised concerns about the property’s impact. The board granted the continuance to August 15, 2023, over the remonstrator’s objection.
- 2023 UV3-003 (Arbor Street): Thomas Lorenz, leader of the Northwest Perry Neighborhood Association, opposed the petition. He described the property as an eyesore, raised safety concerns about truck traffic near school children, storage in floodway fringe, and road damage. He argued the use was inappropriate for a residential suburban neighborhood.
Discussion Items
- Special Requests for Waivers and Continuances:
- 2023 MO3001 (720 Eskenazi Avenue): Petitioner Eskenazi Health requested one-day waiver of notice due to late receipt of signs; granted 5-0.
- 2023 DV3-024 (7745 Surrey Drive): Petitioner Shannon Reedy requested one-day waiver for same reason; granted 5-0.
- 2023 DV3-027 (3719 Southeast Street): Attorney John Cross requested one-day waiver; granted 5-0.
- 2023 UV3-008 (5718 Roxbury Court): Staff requested five-day waiver on petitioner’s behalf; granted 5-0.
- 2023 DB3-025 (6248 Iona Road): Petitioner not present; staff requested continuance to August 15 for amendment; granted 5-0.
- 2023 UV3-015 (3545 North Shadeland Avenue): Petitioner out of town; staff requested continuance to August 15; remonstrator opposed; board granted 5-0.
- Expedited Petitions (All Approved Unanimously):
- 2023 MO3001: Modification of commitment for permanent sign location on Sky Bridge above Dr. Harvey Middleton Way.
- 2023 DV3-024: Variance for 8-10 foot privacy fence in rear yard (max 6 feet permitted).
- 2023 DV3-027: Variance for 40-foot building addition (max 25 feet in transitional yards).
- 2023 UV3-008: Variance for use to allow transitional housing expansion with counseling services.
- 2023 UV3-016: Variance of use for building expansion of existing transitional house.
- Regular Docket – 2023 UV3-003 (Arbor Street):
- Petitioner: Daughter of owner Jose Arisa spoke in support. She stated the property is used for storage, no complaints from neighbors, and attended neighborhood association meeting where only request was to route traffic from Troy side. She acknowledged landscaping improvements were ongoing.
- Staff Recommendation: Denial. Staff argued the site is zoned residential D4, commercial use is inappropriate, storage in floodway fringe is prohibited, detached garage without primary structure is not permitted, and the use would harm neighborhood character. Clear site triangle encroachment and fence heights were also issues. Staff stated no practical difficulty exists because the site can be developed residentially.
- Board Deliberation: No questions from board. Petitioner and remonstrator gave brief rebuttals.
Key Outcomes
- 2023 MO3001: Approved 5-0 subject to staff conditions.
- 2023 DV3-024: Approved 5-0.
- 2023 DV3-027: Approved 5-0.
- 2023 UV3-008: Approved 5-0.
- 2023 UV3-016: Approved 5-0.
- 2023 UV3-003 (Arbor Street): Denied 5-0 (Bohannon, Rivera, Taft, Bender, Bland all voted no). Continued for adoption of findings of fact.
- Findings of Fact from Previous Hearing: Continued for adoption of revised findings of fact for cases 2023 DV3-023, 2023 DV3-021A and B, and 2023 DV3-011 (from June 20, 2023 meeting).
Meeting Transcript
I'm going to 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 are Roderick Bohanan and Rihanna Bender. And to my right, Percy Bland, Jr. and Paula Rivera. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Nea, Principal Planner 2, Jeff York, Principal Planner 2, Robert Uhlenhag, Senior Planner, Marlene Eer and Heta, Senior Planner, Alison Richardson, Senior Planner, Noah Stern, Associate 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 will be in corporate 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 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 administrator's 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, other petitioners' 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 the 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 away 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 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 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 all cell phone ringers are turned off. There are only three, actually, there are five. Good. Good job. We're here. So if there's anyone in the audience who has any questions about our procedures, otherwise, we will start with actually before we hear special requests. We will ask for a waiver of our board's 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. I need a second. Bland second. I'll now ask for a vote. Uh Bland. Yes. Ohannon.
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