Metropolitan Board of Zoning Appeals Division III Public Hearing - November 19, 2024
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Metropolitan Board of Zoning Appeals Division III Public Hearing - November 19, 2024
The Metropolitan Board of Zoning Appeals Division III, chaired by Joanna Taft, held a public hearing on November 19, 2024, to consider several variance petitions, continuances, and expedited matters. The board heard testimony on proposals including a Dutch Bros coffee shop with drive-thru at a transit-oriented development site, a residential pole barn, and a school digital sign. Key decisions included denial of the Dutch Bros variances, approval of the pole barn, and denial of the digital sign.
Consent Calendar
- The board approved meeting minutes from July 16, August 20, September 17, and October 15, 2024, by unanimous vote.
- The board voted unanimously to waive rules of procedure to allow expedited petitions to be voted on without additional testimony.
Special Requests and Continuances
- 2024-DV3-031 (Whitehead Signs): Granted continuance to January 21, 2025, with a four-day waiver of notice.
- 2024-UV3-016 (425-435 South Gibson): Granted continuance to January 21, 2025, with no objection from staff.
- 2024-DB3-032 (10410 East 79th Street): Granted four-day waiver of notice to be heard on expedited docket.
- 2024-DV3-030 (8600 Madison Avenue): Granted four-day waiver of notice to be heard on expedited docket. The petitioner withdrew a variance for reduced transparency.
- 2024-DB3-033 (2731 Columbia): Continued to December 17, 2024, for staff review of affidavit.
- 2024-DB3-034 (2739 Columbia): Continued to December 17, 2024, with correction of agenda typo acknowledged.
- 2024-UV3-015 (1313-1315 Standish): Continued to December 17, 2024, for intended filing of new petition.
- 2024-UV3-017 (8949 East Washington): Automatic continuance to December 17, 2024, requested by registered neighborhood organization, acknowledged.
- 2024-DV3-029 (405 FinTail Drive): Continued to December 17, 2024, at staff's request for additional filings.
- Item number 7: Withdrawn by petitioner, acknowledged.
Expedited Petitions
- 2024-DV3-030 (8600 Madison Avenue): Variance granted unanimously for commercial building with 15% front building line width (40% required). All board members voted yes.
- 2024-DV3-032 (10410 East 79th Street): Variance granted unanimously for detached garage in front yard with 10-foot east side yard setback (15 feet required). All board members voted yes.
Discussion Items
Case 2024-DV3-024: 1022 East Washington Street – Dutch Bros Coffee Shop
Petitioner: Joseph D. Calderon representing NDWS 40 LLC. Proposal for a drive-thru without exclusive bypass aisle, reduced front building line setback (33 feet vs. 20 feet maximum), deficient front building line width (33.5% vs. 46% required), and deficient first-story transparency (22% vs. 60% required). The site is zoned C4 TOD (Transit-Oriented Development) and is located near a proposed Blue Line BRT stop.
Testimony in Support:
- Petitioner argued the site is currently vacant with an eyesore, and the revised site plan (Tab 5) addresses concerns by flipping the building, adding a walk-up window, and moving the drive-thru to the rear. They noted support from Warren Township Development Association and Councillor Hart (letter provided). The use is permitted in TOD, and 34,000 cars pass daily.
Testimony in Opposition:
- Ryan Hunt (Indigo): Appeared in remonstrance. Argued the TOD overlay was designed to leverage the $389 million BRT investment and promote denser, transit-oriented development. Despite plan improvements, the drive-thru remains car-centric and contradicts TOD goals. Prior variances from 2023 already provided relief; the new drive-thru intensifies non-compliance.
- Andrea Miller (Indianapolis Metropolitan Planning Organization): Opposed the variance, stating the TOD overlay was created to prevent such development patterns and that the BRT opportunity is limited. Decisions will last generations.
Staff Recommendation: Denial. Staff cited inconsistency with TOD goals, high paved vehicle area (59% of lot), insufficient transparency, and lack of site-specific practical difficulty. The 2023 approved plan showed feasible compliant development.
Board Vote: Motion to deny passed 4-1 (Bohannon voted yes, others no). The variance was not granted.
Case 2024-DV3-027: 9621 East 96th Street – Pole Barn
Petitioner: Chris Schupter. Request to build a 27-foot-tall, 3,200 sq. ft. pole barn (larger and taller than the 23-foot primary building) on a 2.76-acre lot zoned DA. Petitioner stated it is for storage of vehicles and trailers, and neighbors have no objections.
Testimony in Support: Neighbor Don Gardner (9611 East 96th) confirmed no issue and praised petitioner as a good neighbor.
Staff Recommendation: No explicit opposition stated; staff noted the property size and existing structures.
Board Vote: Variance granted 4-1 (Taft voted no, others yes).
Case 2024-UV3-014: 454 East Stop 11 Road – School Digital Sign
Petitioner: Thomas Hopkins (Sign Solutions) representing Perry Township Schools. Request for a monument sign with digital display (prohibited in SU2 zoning), located 0 feet from protected district (600 feet required), and encroaching within right-of-way (5-foot setback required). Petitioner offered four commitments: no blinking/scrolling, 30-second static messages, auto-dimming, and sign off between 10 p.m. and 6 a.m.
Testimony in Opposition: None from public, but staff opposed. Staff noted digital signs are inappropriate in residential-context SU2 zoning, the sign would be too large and close to homes, and encroachment on right-of-way creates safety issues. Alternate methods for advertising school events exist.
Board Vote: Variance denied 3-2 (Bohannon and Bland voted yes, others no).
Key Outcomes
- Decisions:
- Denied: Dutch Bros variances for 1022 E Washington St (4-1).
- Granted: Pole barn variance for 9621 E 96th St (4-1).
- Denied: Digital sign variance for 454 E Stop 11 Rd (3-2).
- Granted: Two expedited variances (unanimous).
- Multiple continuances to December 17, 2024, or January 21, 2025, as listed.
- Withdrawal: Case 2024-DV3-026 (7140-7142 E Washington) was withdrawn.
- Next Steps: The board will adopt findings from previous hearings at a later date. The meeting adjourned.
Meeting Transcript
I'm gonna call the meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I'm Joanna Taft, Chairperson of Division III. Other board members present today are to my left, Rod Bohannon and Ryanna Bender, and to my right, Brian Hannon, and we are expecting Percy Bland in a few minutes. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie Onea, Principal Planner 2, and Interim, current current planning administrator, Robert Ulenhaik, senior planner, Michael Weigel, senior planner, Noah Stern, Senior Planner, Kaia Mullins, Senior Planner, Marty Weistee, Specialist and Secretary to the Board. The staff 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 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 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 this petition continue, 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 and screening, the paving and parking area, and the dedication of rights of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for advantage granted variants 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 before the board outside of this public hearing process is prohibited. Be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. If your petition receives an indecisive vote, your petition will automatically be continued to the December 2024 hearing. At 230, we're losing a board member, and we will have a board of four. And so if we have a two against two vote, it will be half it will have to be reheard. At 4 o'clock, we are losing a third board member. So keep that in mind. We are, if you if you're concerned with that, you can ask for a continuance. So board members, you've been provided meeting minutes for our July 16th, August 20th, September 17th, and October 15th meetings. If there are no deletions or additions, I will take a motion for their approval. Bohan so move. Hannon second. Okay, I will poll the board. Umder? Yes. Bland? Yes. Hammond?
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