Indianapolis Board of Zoning Appeals Division 3 Meeting – September 19, 2023
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Indianapolis Board of Zoning Appeals Division 3 Meeting – September 19, 2023
The Metropolitan Board of Zoning Appeals, Division 3, met on September 19, 2023, at 6:00 PM under Chairperson Joanna Taft, with members Paula Rivera, Rayana Binder, Aaron McBride (alternate), legal counsel Chris Steinmetz, and planning staff. The board addressed multiple variance requests, continuances, and waiver petitions. Key actions included approval of a sign variance for a community health center and a tie vote on a landscaping business variance, resulting in an automatic continuance.
Consent Calendar
- 2023 UV3020 (Tom Loudermilk): Two-day waiver of notice granted (4-0).
- 2023 DV3032 (David Kingan): Three-day waiver of mailed notice granted (4-0).
- 2023 DV1034 (Mark Crouch): 12-day waiver of notice for amended petition granted (4-0).
- 2023 UV3017 (5420 McFarland Road): One-month continuance to October 17, 2023, without additional notice, granted (4-0).
- 2023 DV3028 (405 South Short Ridge Road): One-month continuance for further staff review granted (4-0).
- 2023 UV3013 (5437 Greenfield Avenue): Withdrawal of petition acknowledged.
Discussion Items
- 2023 DV3033 – Jane Pauley Community Health Center sign at 537th Street (Warren Township): Petitioner Tammy Ortman requested a variance to legally establish an existing monument sign with a 0.5-foot setback from Downey Avenue and encroaching within the clear sight triangle of East 16th Street and Downey Avenue. The sign has existed since 1965 and was previously determined by court order to be a non-conforming use. Staff noted the sign is in the clear sight triangle, no permit was ever issued for a monument sign, and a prior LNCU petition was denied. Staff made no recommendation. Board members expressed that the sign did not pose a safety hazard or substantial impact on neighboring property values and that the health center needed signage for public access. The variance was approved in a 4-0 vote, with findings of fact to be adopted later.
- 2023 UV3020 – Tom Loudermilk landscaping business at 3465 West New Heart Street and 5200 Sandhurst Drive (Perry Township): Petitioner requested a use variance to operate a landscaping business with outdoor storage of trucks, equipment, and materials on a property zoned DA (dwelling/agriculture). Loudermilk stated he used the equipment for both his agricultural pumpkin farm and his landscaping contractor work, and presented 113 signatures of support from neighbors. Staff recommended denial, stating landscaping business use is not permitted in the zone and incompatible with the comprehensive plan. During questioning, board members explored possible compromises such as removing commercial signage and limiting the variance to the petitioner’s ownership. The vote resulted in a 2-2 tie (Rivera yes, Taft no, Binder no, McBride yes), automatically continuing the petition to the October 17, 2023, hearing with a full five-member board.
Key Outcomes
- Approved: 2023 DV3033 (Jane Pauley sign variance) – unanimous approval (4-0), with findings of fact to be drafted and adopted subsequently.
- Continued / Tied: 2023 UV3020 (Loudermilk landscaping business) – tie vote (2-2) automatically continues to October 17, 2023, hearing.
- All consent calendar items were granted as listed.
- Board reminded petitioners that a four-member board could lead to ties, and offered continuances; none were requested for the two regular cases.
Meeting Transcript
I'm gonna call this call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Three. I'm Joanna Taft, Chairperson of Division Three. Other board members present to my right is um Paula and Garita Rivera, and to my left is Rayana Binder and Aaron McBride, who's an alternate helping us out today. Thank you very much. Legal counsel today for the board is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neah, Principal Planner 2, Keith Holdsworth, Senior Planner, Robert Udlinhag, Senior Planner, Marlene Irihetta, 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 has copies of the zoning ordinances, which 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 administrators' 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 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 attendance 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 paping 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 proved 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 condition or commitment 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 correct mailing address and a reference to the board's petition number. Forms are available and may be obtained from the board's 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 procedure? Then before we hear special requests, I'll ask for a waiver of our rules of procedure to allow for the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. So moved. And a second. And I'm going to actually poll the board. So go ahead, second. Second. I'm sorry. Now I'm going to pull the board. Binder. Yes. Rivera. Yes. McBride.
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