Metropolitan Board of Zoning Appeals Division III Public Hearing - March 19, 2024
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Metropolitan Board of Zoning Appeals Division III Public Hearing - March 19, 2024
The Metropolitan Board of Zoning Appeals Division III held a public hearing on March 19, 2024, at 1:00 PM in the Public Assembly Room, City-County Building. Acting Chairperson Joanna Taft presided, with members Percy Bland and Rihanna Bender present. Only three members were available, requiring a unanimous vote for any action to pass; split decisions resulted in continuances. The docket included continuances, withdrawals, expedited petitions, and contested cases.
Continuances and Special Requests
- 2024-SE3-002 (6760 Dalton Street): Requested by Reagan Outdoor Advertising to continue to April 16, 2024, for the Greater Allisonville Community Council to gather more information. No opposition. Staff had no objection. Unanimously approved.
- 2024-DV3-001 (6027 Castlebar Circle): Petitioner requested transfer to Division I (April 2) due to only three board members. A remonstrator (Devonshire Civic Association president) opposed the continuance but the board voted to transfer. Unanimously approved.
- 2024-DV3-003 (3308 North Mitthoefer Road): Petitioner requested continuance to April 16 to consider changes. No opposition. Staff had no objection. Unanimously approved.
- 2024-DV3-006 (3805 South East Street): Petitioner requested continuance to April 16 to revise site plan. No opposition. Staff had no objection. Unanimously approved.
- 2023-UV3-024 (2745 & 2815 Curry Road): Petitioner requested continuance to April 16 due to lack of agreement with staff and desire for a full board. No opposition. Staff had no objection but noted if continued again, transfer to different board. Unanimously approved.
- 2024-DV3-005 (2360 Prospect Street): Staff requested continuance to April 16 on petitioner's behalf. No opposition. Unanimously approved.
- 2024-DV3-004 (1328 Lawrence Avenue): Staff requested continuance to May 28, 2024, because petitioner could not attend April 16. No opposition. Unanimously approved.
- 2024-UV3-002 (5312 South Emerson Avenue): Petitioner withdrew the variance of use petition to file a rezoning. Fee transfer requested. Staff supported transfer. Unanimously approved withdrawal and fee transfer.
Expedited Petitions
- 2023-SE3-005 (Amended) (6179 East 26th Street): Special exception for religious uses with a monument sign and variance for parking width. No remonstrators. Approved unanimously.
- 2024-SE3-001 (8550 East 30th Street): Special exception for religious uses and variance for rear yard setback. No remonstrators. Approved unanimously.
Public Comments & Testimony
- For 2024-MO1-001/2024-DV1-007 (7530 Allisonville Road): Rebecca Patton (executor of estate) stated the cell tower income supports her mother’s care; neighbors support the variance. Gregory Cagnassola (attorney) and Ashlyn Carter (attorney) represented the trust. A neighbor (Mr. Lu Boots) testified the condition has existed for 15 years with no complaints and that strict compliance would cause hardship.
- For 2023-SE3-006 (1140 Dr. Martin Luther King Jr. Street): Superintendent Alicia Johnson (IPS) and student Taro Johnson spoke in favor of relocating the cell tower to allow athletic field renovations. Petitioner Aaron Adelman (SMJ International) described the need for the tower to maintain coverage, including 911 calls. Attorney Larry Opelski (American Tower) cited Federal Telecommunications Act requirements.
- Against 2023-SE3-006: Paula Brooks (Hoosier Environmental Council, resident, and community leader) argued that the tower would harm health, that IPS failed to meaningfully engage the community, and that the location impedes future development. She urged denial to allow wider community input.
- For 2024-UV3-003 (8540 US 31): Damon Cox (facilities coordinator, Christ Indianapolis United Methodist Church) explained the church’s desire to install an electronic messaging display to share hope and community announcements (e.g., suicide awareness, food pantry). Scott Hudson (Board of Trustees chair) supported the request. They committed to removing two existing signs if the EVMS is approved.
Discussion Items
- 2024-MO1-001/2024-DV1-007 (7530 Allisonville Road): Petitioner sought modification of two commitments from a 2009 variance (requiring DA district setbacks and antenna type) and a variance of development standards for reduced setbacks (south side 7 ft, north side 0.5 ft, rear 2.5 ft, aggregate 7.5 ft; required 30 ft side, 75 ft aggregate, 75 ft rear) and creation of a 0.606-acre lot with 40-ft frontage (minimum 3 acres and 125 ft). Staff recommended denial, asserting that the difficulty was self-imposed (cell provider’s construction error and sale of rear land) and that the tower could be relocated to comply. The board split 2-1 on both the modification and variance, resulting in a continuance to April 16, 2024.
- 2023-SE3-006 (1140 Dr. Martin Luther King Jr. Street): Petitioner sought a special exception for a 120-ft monopole tower (plus 4-ft lightning rod) and a variance for landscape screening. After neighborhood opposition, the site was moved further from residences. Petitioner withdrew the landscape variance because the revised plan included a 10-ft landscape strip. Staff recommended approval. The board voted 3-0 to approve the special exception as amended (with landscaping).
- 2024-UV3-003 (8540 US 31): Petitioner requested a variance to install an electronic message display (37.28 sq ft digital component on existing pylon sign) and to legally establish two existing signs (one pole sign, one monument sign). Staff recommended denial, citing sign clutter and proliferation of EVMS signs in the corridor. The board separated the request: Part A (EVMS with commitment to remove other signs within 60 days of installation) passed 3-0. Part B (legalization of existing signs) was withdrawn by the petitioner after Part A passed.
Key Outcomes
- Continuances approved: 2024-SE3-002, 2024-DV3-001 (transferred to Division I), 2024-DV3-003, 2024-DV3-006, 2023-UV3-024, 2024-DV3-005, 2024-DV3-004, and 2024-MO1-001/2024-DV1-007 (due to split vote) were all continued to future dates as specified.
- Withdrawal: 2024-UV3-002 was withdrawn; filing fees transferred.
- Expedited petitions (2023-SE3-005 amended, 2024-SE3-001): Approved unanimously.
- Contested case 2023-SE3-006: Approved unanimously with the landscape variance withdrawn.
- Contested case 2024-UV3-003: Part A (EVMS sign) approved unanimously; Part B (legalization of existing signs) withdrawn. Commitment to remove two signs within 60 days of EVMS installation.
- All decisions are binding pending adoption of findings of fact at a subsequent hearing.
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, acting chairperson of Division III. Other board members present today, to my right, Percy Bland, and to my left, Rihanna Bender. Legal legal counsel for the board today is Chris Steinitz. Staff members present today from the Division of Planning are Eddie O'Nea, Principal Planner 2, Robert Ulenhaik, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Associate Planner, Melanie Evans, Acting Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. The board is 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 should be 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 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 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 that with conditions opposed 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 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 of judicial 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 all of 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 members present today. It requires three votes to take any action as on any request. We will take this into consideration when hearing requests for continuance. So if your petition receives an indecisive indecisive vote, so if there are three of us and two of us will vote one way and one votes another way, that's indecisive. We have to have three votes. Before we hear special requests, I'll 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. Blast I'll move. I need a second. Bender a second. I'll pull the board. Taft, yes. Bland? Yes. Bender?
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