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Record of Proceedings

Metropolitan Board of Zoning Appeals Division III Public Hearing - August 15, 2023

Board of Zoning Appeals III — Tuesday, August 15, 2023
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, August 15, 2023
StatusFILED
Video Record
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Transcript — Verbatim
0:02

I'm going to call this meeting to order.

0:04

This is the public hearing of the Metropolitan Board of Zoning Appeals, Division III.

0:08

I'm Joanna Taft, Chairperson of Division III.

0:10

Other board members present to my right are Percy Bland and David Duncan, who is an alternate serving from Division 1.

0:17

And to my left, Rianda Binder.

0:20

Thank you.

0:21

And we're are we expecting are we expecting a fourth or we have four, a fifth, or we have four only today?

0:27

Okay, note that we have four only.

0:28

I'll talk about that later.

0:30

Legal counsel for the board today is Chris Steinmetz.

0:33

Staff members present from the division of planning are Eddie Onea, principal planner two, Robert Eulenhag, senior planner, Marlene Irahetta, senior planner, Heather Steffen, special specialist, senior specialist, and secretary to the board.

0:48

Matt Pleasant is the current planning administrator.

0:51

The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today.

0:59

The proceedings of this hearing are governed by the board's rules of procedure.

1:03

The expedited cases will be heard immediately after all requests for continuances or withdrawals.

1:08

As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand.

1:15

Those who intend to testify will please remain standing and be sworn.

1:20

Petitioners should be on your left and remonstrators on your right as you face the board.

1:25

Those who testify will state their name and address for the record before beginning the testify.

1:30

Petitioners in person 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.

1:40

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.

1:50

Staff will then present the administrator's comments regarding the petition.

1:55

The petitioner will then be allowed five minutes for rebuttal and a summation of the case.

1:59

Rebuttal must be limited to the subject matter of the initial presentations.

2:03

Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement.

2:09

No further evidence, statements, or arguments will be heard unless it's at the discretion of the board.

2:14

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.

2:22

If the petition 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 to petition.

2:36

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.

2:46

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

2:52

The installation of landscaping screening, the paving of parking area, and the dedication of rights away are examples.

2:58

These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.

3:05

Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion.

3:12

Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements.

3:20

Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services.

3:28

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.

3:36

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.

3:44

Forms are available and may be obtained from the board secretary.

3:48

Please be advised that contacting members of the board regarding a matter pending outside the outside the board.

3:55

Um the public uh outside this public hearing process is prohibited.

4:00

Please be courteous and orderly at all times, and please be sure that all cell phone ringers are turned off.

4:05

Is there anyone in the audience who has questions about our procedures?

4:10

Before we have special requests, I will 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.

4:23

So I need a motion.

4:24

Bland's all moved.

4:26

I need a second.

4:29

Bender second.

4:30

I'll now um poll the board.

4:32

Bland.

4:32

Yes.

4:33

Bender?

4:33

Yes.

4:34

Duncan?

4:34

Duncan, yes.

4:35

Tapped, yes.

4:37

We will now consider special requests and continuances at this time.

4:48

Good afternoon, board members.

4:49

My name is David Gilman.

4:51

My office addresses 211, South Ritter Avenue, Suite H Indianapolis 46219.

5:00

I'll now um poll the board bland yes bender yes Duncan Duncan yes tapped yes we will now consider special requests and continuances at the at this time good afternoon board members my name is David Gilman my office addresses 211 South Ritter Avenue Suite H Indianapolis 46219 I represent one of the expedited petitions on your docket 2023 DV3025 we amended the petition to include an additional development standard variance and new notice was required um I'm asking that the board grant me a one-day waiver of that second notice for this petition um did you say it was 025 correct okay um is there anyone in the audience who is interested in 2023 DV3025 um seeing none let's hear from staff thank you chair president members of the board staff has no objection to the granting the one day waiver of the notification requirements okay uh so I need a motion so moved and a second bender second I'm gonna pull the board bland yes bender yes Duncan Duncan yes Taft yes 2023 DV3025 has been granted a three-day waiver good afternoon members of the board my name's Alan Townsend uh 11 Monument Circle Suite 2700 uh Indianapolis 46204 uh seeking the board's acknowledgement of our withdrawal of what's shown as item two on the petitions requesting to be continued uh 2023-dv2 uh for 7930 Castleton Road in conjunction with that we would also be seeking to have the uh fee that was paid in conjunction with this petition uh transferred and applied to what is item four on your petitions to be expedited which is 2023-se 3004 also for 7930 Castleton Road okay so I think first of all I can acknowledge the withdrawal and then secondly I would look to staff to speak to the um fee application thank you Chairperson Taft and members of the board staff has no objection to the transfer of fees from 2023-d v three-022 to the 2023 SE3004 case okay and just I probably should poll the the uh room for remonstrators is there anybody in the room that would be against transferring these fees okay so I need a motion so moved I need a second second okay I'm gonna pull the board bland bland yes bender yes Duncan Duncan yes taft yes uh so 2023 DV3022's fees have been transferred to 2023 se 3004 thank you madam chair chairperson taft members of the board staff will draw your attention to the petition number the third petition number 2023 UV three-012 located at 1735 West Edgeville edgewood avenue excuse me the petitioner has requested that this petition be withdrawn that would just require your acknowledgement it is acknowledged thank you Chairperson Taft and members of the board staff would draw your attention to item number one um petition 2023 dash D V one-034 address that 517 prospect street um an amended site plan was submitted to staff but not in timely manner to incorporate that with the report therefore staff is requesting a continuance to the September 12th 2023 hearing date with additional notice if needed okay is there anyone in the audience who has an interest in 2023 D V1034 and is against the continuance okay um I need a motion bland so moved I need a second bender second I'll poll the board bland yes bender yes Duncan Duncan yes taft yes 2023 D V1034 has been continued to our September 12th hearing your next hearing is September 19th is this a transfer to division two did you say 12?

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████82%
Procedural████████14%
Code Enforcement█2%
Sign Regulation█1%
Environmental Protection█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division III Public Hearing - August 15, 2023

The Metropolitan Board of Zoning Appeals Division III convened on August 15, 2023, at 6:15 PM with Chairperson Joanna Taft presiding. Board members present were Percy Bland, David Duncan (alternate from Division 1), and Rianda Binder. Only four board members were present, which the Chair noted could affect outcomes if a split vote occurred. The board heard special requests, an expedited docket, and several regular petitions, issuing decisions including approvals, dismissals, and denials. No agenda or minutes were independently available; this summary is based solely on the transcript.

Special Requests & Continuances

  • One-day waiver for expedited petition 2023 DV3025 (Iona Road): Petitioner David Gilman requested a one-day waiver of the second notice requirement for an amended petition. Staff had no objection. Board granted the waiver unanimously.
  • Withdrawal and fee transfer for 2023 DV3022 (Castleton Road): Alan Townsend requested withdrawal of the petition and transfer of fees to the expedited case 2023 SE3004 (same address). Staff had no objection; no remonstrators appeared. Board approved the withdrawal and fee transfer unanimously.
  • Withdrawal of 2023 UV3012 (1735 West Edgewood Ave): Staff noted the petitioner requested withdrawal; the board acknowledged the withdrawal.
  • Continuance for 2023 DV1034 (517 Prospect Street): Staff requested a continuance to September 19, 2023, due to a late amended site plan, with additional notice if needed. No opposition appeared. Board approved the continuance unanimously.
  • Expediting 2023 DV1033 (337 Sanders Street): The petitioner requested to be moved to the expedited docket. Staff recommended approval but noted a sidewalk setback issue not included in the variance. Board approved expediting unanimously.

Expedited Docket

All four expedited petitions were approved unanimously (4-0 votes) without further testimony, as per the adopted waiver of rules.

  • 2023 SE3004 (7930 Castleton Road): Outfront Media LLC sought variances for relocating a 40-foot advertising sign due to I-465/I-69 highway widening, including reduced separation distances and setback. Approved.
  • 2023 DV1036 (914 Harland Street): 3 Amigos Estate LLC sought variances for a dwelling addition with reduced front and side setbacks. Approved.
  • 2023 DV3025 (6248 Iona Road): Maxwell Fall sought variances for a 20-foot-tall pole barn (2,592 sq ft) taller than the primary dwelling and located in the front yard. Approved.
  • 2023 DV1033 (337 Sanders Street): 3 Amigos Estate LLC sought variances for a building addition with reduced front and side setbacks. Approved.

Regular Hearings & Public Testimony

  • 2023 UV1016 (2909 South Meridian Street): Mars Realty Trust LLC sought a variance of use for outdoor auto sales (up to 40 vehicles). The petitioner was absent. Laura Piercefield, representing the South Village Neighborhood Association, stated they had 120 signatures from three neighborhoods opposed, and that petitioners had indicated they would withdraw but didn't. Staff confirmed no withdrawal was filed and recommended the case be heard or dismissed. Remonstrators requested dismissal. Board voted to dismiss 3-1 (Bland, Bender, Taft yes; Duncan no).
  • 2023 DV3019 (2059 North Pasadena Street): Gregory Gordon and Kyle Stewart sought variances for a 3,002 sq ft pole barn. Petitioner absent. Remonstrator Stanley Schill, a nearby property owner, opposed the structure in a residential area. Staff noted the petitioner had already received one continuance and had no contact since. Schill requested dismissal. Board voted to dismiss 3-1 (Bland, Bender, Taft yes; Duncan no).
  • 2023 UV3015 (3545 North Shadeland Avenue): Hobby Shop Paint and Collision, LLC sought variances for an outdoor storage trailer, a 6-foot-tall fence in the front yard, and a dumpster in the front yard. Petitioner Andy Wirt (land use professional) presented the case, emphasizing the need for security against catalytic converter theft. Remonstrator (name unclear from transcript, owner of adjacent business) strongly opposed, describing the site as a junkyard, citing illegal structures, paint fumes, and noise affecting nearby hotel guests. Staff recommended denial on all three variance requests, stating the hardships were self-imposed. The petitioner offered a commitment to hours of operation Monday–Saturday 9 AM–6 PM. The board voted separately on each item: A (storage trailer) denied 4-0, B (fence) denied 4-0, C (dumpster) denied 4-0. The case was continued for adoption of findings of fact.
  • 2023 UV3017 (5420 McFarland Road): David Smithmeyer (by Jerry Hornbeck) sought variances for two parcels, including two primary dwellings on one parcel, an accessory structure without a primary dwelling, and substandard street frontage/width. Petitioner Hornbeck stated his intent to fix up and sell the property. Staff explained complexities: parcel two actually had a dwelling, and the living spaces might qualify as accessory dwelling units if under 720 sq ft. The petitioner initially withdrew some requests but then rescinded the withdrawals and requested a continuance to clarify issues. Board approved the continuance unanimously to the September 19, 2023 hearing.

Key Outcomes

  • Approved all four expedited petitions unanimously.
  • Granted a one-day notice waiver and a fee transfer for specific petitions.
  • Dismissed two petitions (2023 UV1016 and 2023 DV3019) due to petitioner absence, both by 3-1 votes with David Duncan dissenting.
  • Denied all three variance requests in 2023 UV3015 (unanimous 4-0) and continued for findings.
  • Continued 2023 UV3017 to September 19, 2023, for further clarification.

Meeting Transcript

I'm going to call this meeting to order. This is the 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 right are Percy Bland and David Duncan, who is an alternate serving from Division 1. And to my left, Rianda Binder. Thank you. And we're are we expecting are we expecting a fourth or we have four, a fifth, or we have four only today? Okay, note that we have four only. I'll talk about that later. Legal counsel for the board today is Chris Steinmetz. Staff members present from the division of planning are Eddie Onea, principal planner two, Robert Eulenhag, senior planner, Marlene Irahetta, senior planner, Heather Steffen, special specialist, senior specialist, and secretary to the board. Matt Pleasant is the current planning administrator. The board has 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 in person 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 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 petition 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 to 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 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 outside the outside the board. Um the public uh outside 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 questions about our procedures? Before we have special requests, I will 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. Bland's all moved. I need a second. Bender second. I'll now um poll the board. Bland. Yes.

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