Metropolitan Board of Zoning Appeals Division III Public Hearing

Date: April 16, 2024 | Time: 1:00 PM (called to order at approximately 1:00 PM, adjourned after votes and elections) | Location: Public Assembly Room, 2nd Floor, City-County Building, Indianapolis

The board convened under Acting Chair Joanna Taft with members Roderick Bohanan, Ryanna Bender, Percy Bland, and Brian Hannon. Legal counsel Chris Steinmetz and planning staff were present. The meeting covered special requests, continuances, expedited petitions, and four full public hearings, culminating in board officer elections.

Consent Calendar & Special Requests

• 2024-DV3-005 (2360 Prospect Street): Dismissed due to lack of payment after repeated attempts to contact the petitioner. Staff recommended dismissal; board voted unanimously to dismiss.
• 2024-DV3-011 (6243 Hillcrest Lane): Petitioner withdrew the request after determining the variance was not needed (structure within 5-foot setback exception). Staff had no objection. Board voted unanimously to approve withdrawal and refund of filing fees.
• 2024-DV3-013 (10220 East Washington Street): Granted a one-day notice waiver for sign posting (posted on a Sunday). No opposition; staff had no objection. Board voted unanimously to approve.
• 2024-DV3-003 (3308 North Mitthoefer Road): Continued to May 28, 2024, at petitioner’s request to allow corporate leadership to decide on options discussed with staff. No opposition; staff not opposed. Board voted unanimously to continue.
• 2024-DV3-009 (801 North Layman Avenue): Moved to the expedited docket after no remonstrators appeared and staff recommended moving it. Board voted unanimously.
• 2024-UV3-005 (6901 East 38th Street): Automatic continuance acknowledged; continued to May 28, 2024, per petitioner’s timely filing.
• 2024-UV3-004 (2308 Shelby Street): Continued to May 28, 2024, for unpaid filing fees. Staff noted if unpaid at next hearing, dismissal would be recommended. No opposition; board voted unanimously.
• 2024-DV3-010 (1635 West Michigan Street): Continued to May 28, 2024, because a new variance required amended notice. No opposition; board voted unanimously.
• 2024-DV3-012 (2916 West Banta Road): Continued to May 28, 2024, to allow a sound study at lot lines and further discussion. No opposition; board voted unanimously.

Public Comments & Testimony

• No public comments were made outside of the specific petitions. Several speakers appeared in support of or in opposition to particular agenda items as noted below.

Discussion Items

1. 2024-DV3-008 (8155 Talliho Drive) – Expedited

• Variance to construct an enclosed addition with a 3.13-foot north side yard setback (15 feet required). Approved unanimously as part of the expedited docket.

2. 2024-DV3-013 (10220 East Washington Street) – Expedited

• Variance to construct a bank with one primary entry (two required). Approved unanimously.

3. 2023-UV3-024 (2745 and 2815 Curry Road) – Expedited

• Variance of use to operate a landscaping contractor with indoor/outdoor storage of commercial vehicles, equipment, and materials (not permitted). Approved unanimously.

4. 2024-DV3-009 (801 North Layman Avenue) – Expedited (moved from special requests)

• Variance for building expansion including driveway accessing St. Clair Street, resulting in 65.82% open space and a 4-foot north side yard setback (65% open space, 5-foot side yard required). Approved unanimously.

5. 2023-DV3-050 (805 & 825 South Kitley Avenue) – Full Hearing

• Petitioner (Murray Clark, representing Kitley Avenue Properties LLC): Requested a variance to allow an 8-foot-tall fence in the front yard (6-foot maximum). Argued the fence is decorative, provides security for the do-it-yourself center, and is consistent with surrounding 8-foot fencing. Presented letters of support from Councillor Michael Hart, Warren Township Development Association, neighboring business owner Charles Mong, and the adjacent Kitley Inn Bar & Grill. Emphasized the fence’s aesthetic and practical benefits.
• Staff (Michael Weigel): Recommended denial, stating the practical difficulties are not clearly solved by an 8-foot fence vs. a compliant 6-foot fence. Noted that the front yard is used only for parking, with dangerous materials stored in the rear where taller fences are already allowed. Six feet is already generous for front yards in I-4/C-7 zoning.
• Board Vote: 5-0 in favor of the petitioner. All members voted yes.

6. 2024-MO1-001 / 2024-DV1-007 (7530 Allisonville Road) – Full Hearing

• Petitioner (Ashlyn Carter, representing the Rushton Trust): Requested a modification of commitments and a variance to create a separate parcel for a cell tower to allow the sale of the family home while retaining the tower lease. The tower’s lean-to shelter was built in the wrong location due to a contractor error, and the property owner previously sold off rear land, creating non-compliance. Petitioner argued that the neighbors (Johnson and Knoll families) support the plan, as does the Greater Allisonville Community Council (GACC). The cell tower company indicated moving the shelter would cost over $100,000 and cause months of service disruption.
• Staff (Nova Stern): Recommended denial of the variance, stating that the practical difficulties are self-imposed (contractor error and voluntary land sale). The site could be split to create a buildable lot without the requested variances. Staff noted the neighbors’ original agreement was based on all commitments being included. The cell tower is a private, for-profit enterprise, not a utility.
• Councillor Dan Boots (District 3): Spoke in favor, noting the tower is critical for the area and that the requested variances would maintain the status quo. He argued that splitting the lot to create a buildable lot would contradict the low-density DA zoning.
• Board Vote: 2-3 against the petitioner. Yes: Taft, Hannon. No: Bland, Bender, Bohanan. Motion failed.

7. 2024-SE3-002 (6760 Dalton Street) – Full Hearing

• Petitioner (Michelle Noppenberger, representing Reagan Outdoor Advertising): Requested a special exception and variances to relocate a billboard due to the INDOT ClearPath 465 project. The original sign (14x48 ft, 50 ft tall) was removed. The proposed location is 187 feet from the original site, requiring a 65-foot height (40 ft max), 30-foot V separation (15 degrees/42 inches max), reduced setbacks, and reduced spacing from other signs and interstate ramps. Petitioner argued the height is needed to be visible over a 52-foot hotel and trees, and that the state code allows relocation. Provided letters of support from Binford Redevelopment and Growth (BRAG) and the Greater Allisonville Community Council (GACC).
• Councillor Nick Roberts (District 4) and Councillor Dan Boots (District 3, former district) spoke in support.
• Staff (Robert Ewalt): Recommended approval of the special exception and five of the six variances, but made no recommendation on the height variance (65 ft). Staff noted that a 50-foot height would match the original sign and be a one-for-one replacement, but the petitioner did not agree. Staff acknowledged the state code and practical difficulty of the highway project.
• Public Speaker (Tom O’Beal, representing Pat Andrews of MCANOA): Expressed support for the neighborhood’s decision to support the petition.
• Board Vote: 5-0 in favor of all requested relief, including the 65-foot height. All members voted yes.

8. 2024-DV3-006 (3805 South East Street) – Full Hearing

• Petitioner (Joe Calderon, representing S&L Properties Indianapolis East LLC): Requested a variance for a proposed Culver’s restaurant, originally including drive-through location, stacking spaces, parking, bicycle parking, and landscaping. After negotiations with staff, all variances except drive-through location and landscaping were resolved. The remaining variance involved the drive-through within the front yard of National Avenue and deficient frontage tree planting. Petitioner presented a revised landscaping plan with 37 trees (17 along frontage, 20 interior), 211 shrubs, and a green factor of 0.26 (requirement 0.22). Staff noted that the plan still lacks 6-7 trees along the frontage to meet the 23-tree requirement (based on 825 feet of frontage at 1 tree per 35 feet). Petitioner agreed to add 7 trees to meet the requirement.
• Staff (Noah Stern): Initially recommended denial of the landscaping variance, but after the petitioner’s commitment to add 7 trees, staff withdrew objection and recommended approval of the entire petition with the additional trees as a condition. Staff noted that the site is a significant improvement over current conditions, but the area is severely deficient in landscaping and the ordinance standards should be met.
• Board Vote: 5-0 in favor, with the condition that the landscaping plan include the additional 7 frontage trees. All members voted yes.

Key Outcomes

• Dismissed: 2024-DV3-005 (2360 Prospect Street) – dismissed for lack of payment.
• Withdrawn with refund: 2024-DV3-011 (6243 Hillcrest Lane).
• Continued to May 28, 2024: 2024-DV3-003, 2024-UV3-005, 2024-UV3-004, 2024-DV3-010, 2024-DV3-012.
• Expedited petitions approved unanimously: 2024-DV3-008, 2024-DV3-013, 2023-UV3-024, 2024-DV3-009.
• Approved: 2023-DV3-050 (fence variance) – 5-0.
• Denied: 2024-MO1-001 / 2024-DV1-007 (cell tower lot) – 2-3.
• Approved: 2024-SE3-002 (billboard relocation) – 5-0.
• Approved with conditions: 2024-DV3-006 (Culver’s restaurant) – 5-0, with commitment to add 7 frontage trees.
• Board Officer Elections: Joanna Taft re-elected as Chair; Roderick Bohanan elected as Vice Chair; Percy Bland elected as Secretary. All elections were unanimous.
• Adoption of Negative Findings of Fact: The board adopted negative findings of fact for petition 2023-BD3-030 (as corrected by staff) to be included in the record.