Metropolitan Board of Zoning Appeals Division 3 Meeting - January 21, 2025
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Metropolitan Board of Zoning Appeals Division 3 Meeting - January 21, 2025
The Metropolitan Board of Zoning Appeals Division 3 held a public hearing on January 21, 2025, at 6:00 PM. Chairperson Joanna Taft presided, with board members Rod Bohannon and Rayanna Bender present. The meeting addressed continuances, expedited petitions, and two full public hearings. Legal Counsel Chris Steinmetz and planning staff were also present.
Continuances and Procedural Matters
- 2025 DV3001 (8420 US 31): Petitioner requested a waiver of notice from 23 to 18 days (granted unanimously) and a continuance to February 18, 2025 (granted unanimously). Staff had no objection.
- 2025 DV3002 (address not specified): Petitioner Drew Farrington requested a continuance to submit an amended site plan due to a site triangle issue. Granted unanimously to February 18, 2025.
- 2024 UV3017 (8949 East Washington Street): Petitioner requested a continuance because only three board members were present. Granted unanimously to February 18, 2025.
- Automatic continuances acknowledged for cases 2024 UV3002 (10453 East 10th Street), 2024 UV3016 (425 and 435 South Gibson Avenue), and 2024 UV3001 (385 South Franklin Road), each filed by neighborhood organizations.
- Withdrawal acknowledged: Case 2024 DV3031 (7031 East 86th Street) was withdrawn by the petitioner.
Expedited Docket – Unanimous Approvals
- Case 2024-M03-001 (8645 East 25th Street): Modification of condition from 97-UV3-0-105 to update site plan. Board voted unanimously to grant.
- Case 2024-SE-3-03 (9910 East Washington Street): Special exception and variance of use for a tattoo parlor within 230 feet of a protected district. Board voted unanimously to grant.
Public Hearing: Case 2024-DV3-037 – 1625 Shelby Street (JUGAD LLC)
Petitioner David Rutherford sought variances for a convenience store at a former gas station on a triangular lot. Variances requested: front building line width ratio (10.64% vs. 80% required), transparency on the west facade (17.6% vs. 40% required), and deficient landscaping. Petitioner argued unusual parcel shape and existing fuel canopies created practical difficulties. Commitments included no alcohol sales, no vape advertising, loitering enforcement, and hours 5:30 AM–10:30 PM. Staff recommended denial, stating the layout deviates from TOD overlay standards and comprehensive plan. Board vote: Rod Bohannon yes, Rayanna Bender no, Joanna Taft no. The 1-2 vote resulted in an automatic continuance to the February 18, 2025 hearing.
Public Hearing: Case 2024-UV3-019 – 4033 East Southport Road (Akshar Krupa Indiana LLC)
Petitioner Ron Gandhi requested a variance of use to allow two storage containers (outdoor storage) at a motel. Petitioner noted the containers were painted for aesthetics and neighbor had no objection. Staff recommended denial, stating shipping containers are not permitted in C4 district and a stick-built or manufactured building would be more appropriate. No remonstrators appeared. The meeting was adjourned without a board vote on this case.
Key Outcomes
- Continuances granted: Four cases continued to February 18, 2025 (2025 DV3001, 2025 DV3002, 2024 UV3017, and automatic continuances for three others).
- Expedited cases granted: Two cases approved unanimously.
- Case 2024-DV3-037: Vote split 1-2, resulting in automatic continuance to February 18, 2025.
- Case 2024-UV3-019: No vote; meeting adjourned after staff presentation.
Meeting Transcript
I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 3. I'm Joanna Taft, Chairperson of Division III. Other board members present today to my right, Rod Bohannon, to my left, Rayanna Bender. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neill, Principal Planner 2, and Interim Current Planning Administrator. Robert Ulenhaik, senior planner, Michael Weigel, senior planner, Noah Stern, Senior Planner. Kaea Mullens, Senior Planner, Associate Planner, Marty Weiste, Specialist, and Secretary to the Board. The Board is copies of the zoning ordinances, which will be incorporated by reference into the record of each case heard today. The proceedings of each hearing are governed by the board's rules of procedure. The expedited cases we 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 intend those who testify will state their names and address for the record before beginning the testify. Petitioners and persons in hearing uh appearing in up 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 to 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 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 granted variances 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 via a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of a 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. Please be courteous and orderly at all times and please be sure all cell phone ringers are turned off. There are three board members present today, and it requires three votes to take action on any request. And this means voting the same all yes or all no. So if we will take this into consideration when hearing requests for continuance. So if you are concerned about that, um we we will take requests for continuances. Mohanna is so moved. I need a second. I'll now pull the poll the board. Uh Taft, yes. Go ahead and yes. Bender, yes. Yes. Okay. We will consider special requests and continuances at this time. Good afternoon, uh, Chairperson Taft, members of the board, Joe Calderon 11 South Meridian.
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