Metropolitan Board of Zoning Appeals Division III Public Hearing - June 18, 2024

The Metropolitan Board of Zoning Appeals Division III met on June 18, 2024, at 6:00 PM to hear public testimony, consider special requests, expedited petitions, and two full hearings. Chairperson Joanna Taft presided, with board members Percy Bland (arriving late), Brianna Blint Binder, Brian Hannon, and Rod Bohannon. Legal counsel Chris Steinmetz was present. The meeting covered a waiver of procedures, continuances, a variance for a driveway, a digital sign for an elementary school, and a billboard relocation special exception.

Special Requests & Consent Items

• Waiver of Rules of Procedure: The board unanimously approved a motion to waive rules to allow voting on expedited petitions without additional testimony (motion by Bohannon, seconded by Hannon; Taft, Bohannon, Binder, Hannon all voted yes).
• 2024 DV 3017 (2863 Southern Avenue): A four-day waiver of legal notice was requested because the notice was late. Staff had no objection. No public opposition. Motion passed (Bohannon moved, Hannon seconded; all yes). The expedited case was then heard and approved (see Key Outcomes).
• 2024 DV 3015 (2522 South Pennsylvania Street): Continuance to July 16, 2024, to allow time for proper notice. Staff had no objection. No opposition. Motion passed (Bohannon moved, Hannon seconded; all yes).
• 2024 DV 3018 (3805 Southeast Street): Continuance to July 16, 2024, with new notice because the petitioner could not attend. Staff requested on their behalf. No opposition. Motion passed (Bohannon moved, Hannon seconded; all yes).

Public Comments & Testimony

• On billboard relocation (2023 SE2-002A):
  • Pat Andrews (Decatur Township Civic Council, Marion County Alliance of Neighborhood Associations) presented a booklet and spoke against the petition, noting that a ban on billboards inside I-465 has been in place since 1971 and was reaffirmed in 2019. She argued the state law in effect when the original billboard was removed limited relocation to 500 feet, and this petition seeks to place a new billboard inside I-465 in violation of the city ordinance. She also read a list of 10 neighborhood organizations opposing the request.
  • Tom O'Beal (President of Historic Urban Neighborhoods of Indianapolis, HUNY) spoke against the petition, stating that no one is clamoring for more billboards and that the ordinance says "no billboards inside 465" without exceptions. He noted this was the sixth hearing on the issue and urged the board to uphold community standards.

Discussion Items

• 2024 UV 1-008 – Bethel Elementary School Sign (5120 Senor Road):
  • Petitioner Andrew Horton (on behalf of Craig Flandermeyer and Franklin Township Multi-School Building Corporation) requested a variance to erect a 7.583-foot tall monument sign with a 36.432-square-foot digital display (EVMS). The property is zoned SU2/D4, and the sign is not permitted as proposed. Staff recommended denial, citing the sign ordinance's protections for residential districts, the lack of practical difficulty or hardship, and the fact that the sign would be within 200 feet of a protected district (minimum separation 600 feet). The petitioner noted commitments: no blinking/scroll/flash, minimum 30-second static display, automatic dimming, off between 10 PM and 6 AM, and no red/yellow/green primary colors. Board members questioned the commitments and noted they were not formally incorporated. After testimony, the board voted unanimously to deny (Hannon, Taft, Bohannon, Binder all no).
• 2023 SE2-002A – Reagan Outdoor Advertising Billboard Relocation (3210 Chief Lane):
  • Petitioner John Campbell (Reagan Outdoor Advertising) requested a special exception to relocate a billboard that was removed due to INDOT's I-69 finish line project. The original billboard at 8900 South State Route 37 had been in place for over 35 years. The proposed site is at 3210 Chief Lane, inside I-465, zoned I-3 industrial. Campbell argued that under Indiana Code 8-23-20.5-6, the sign is eligible for relocation within the same county, and that failing to approve would shift up to $800,000 in eminent domain costs to the city. He presented letters of support from Councillor Jared Evans and Councillor Joshua Bain. He noted that other billboard relocations had been approved for I-69 projects. He also clarified that the earlier variance requests (setback, height, spacing) were denied at the March 12 hearing, and that the special exception alone is insufficient without those variances. Staff recommended approval of the special exception.
  • Remonstrators Pat Andrews and Tom O'Beal argued that the ordinance bans new billboards inside I-465, that the original sign no longer exists (removed in 2021), and that the state law at the time of removal limited relocation to 500 feet. They noted the area is not residential but argued the ban protects aesthetic standards. After testimony, the board voted to deny the special exception (only Rod Bohannan's "no" was recorded; chair stated "the variance has not been granted"). The petition was denied.

Key Outcomes

• Expedited Case 2024 DV 3017 Approved: Variance granted for driveway access at 2863 Southern Avenue (Zoned D-5). Board voted 4-0 (Hannon, Taft, Bohannon, Binder yes).
• 2024 UV 1-008 Denied: Variance for digital sign at Bethel Elementary School denied. Board voted 4-0 (all no).
• 2023 SE2-002A Denied: Special exception for billboard relocation denied. Board voted to deny (motion not carried; decision recorded as not granted).
• Adoption of Findings of Fact: The board adopted findings of fact for prior cases: 2023 UV 3021, 2024 DV 3010, 2024 M0101, 2024 DB1007, 2024 UV303, 2023 DV 3043B, 2023 SE3 007A, and 2024 SE307B.
• Meeting Adjourned: The hearing concluded after the last vote.