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Record of Proceedings

Metropolitan Board of Zoning Appeals Division 3 Public Hearing - February 18, 2025

Board of Zoning Appeals III — Tuesday, February 18, 2025
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, February 18, 2025
StatusFILED
Video Record
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Transcript — Verbatim
0:02

This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 3.

0:06

I'm Joanna Taft, Chairperson of Division III.

0:08

There were other board members present today are to my right, Percy Bland and Brian Hannon.

0:14

And to my I'm sorry, to my left, Rayanna Bender.

0:18

Legal counsel today for the board is Chris Steinmetz.

0:22

Staff members present from the today from the division of planning are Desiree Aricozi, Principal Planner, Robert Ulenhake, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Senior Planner, Kaya Mullins, Associate Planner, Marty Weistee, Specialist and Secretary to the Board.

0:43

The board has copies of the zoning ordinances that we incorporated by reference into the record of each case heard today.

0:50

The proceedings of this hearing is governed by the board's rule of proceed rules of procedure.

0:55

The expedited cases will be heard immediately after all requests for continuances or withdrawals.

1:02

As each non-exploited case is called, petitioners and remonstrators interested in that particular case will please stand.

1:08

Those who intend to testify will please remain standing and be sworn.

1:12

Petitioners should be on your left and remonstrators on your right as you face the board.

1:16

Those who testify will state their name and address for the record before beginning the testify.

1:22

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.

1:32

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.

1:42

Staff will then present the administrator's comments regarding the petition.

1:45

The petitioner will then be allowed five minutes for rebuttal and a summation of the case.

1:50

Rebuttal must be limited at the subject matter of the initial presentations.

1:54

Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement.

2:00

No further evidence, statements or arguments will be will be heard unless it's at the discretion of the board.

2:06

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.

2:14

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.

2:27

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.

2:38

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

2:44

The installation of landscaping and screening, the paving of parking area, and the dedication of rights away are examples.

2:50

These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.

2:56

Compliance with conditions imposed by the board must be approved must be approved by the affidavit of affidavit of compliance submitted by the petitioner within 30 days of completion.

3:06

Unless otherwise specified, an improvement improvement location permit must be obtained prior to the establishment of the authorized improvements.

3:13

Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services.

3:21

A person may file a written request to receive notice of the filing of petition for judicial review of a decision of the board.

3:29

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.

3:38

Forms are available and may be obtained from the board secretary.

3:42

Please be advised that contacting members of the board regarding a matter pending before the board outside that its hearing process is prohibited.

3:50

Please be courteous and orderly at all times and please be sure all cell phone ringers are turned off.

3:58

There are four board members present today.

4:00

It requires three votes to take any action on a request.

4:06

That means we need a three votes voting for or three votes voting against.

4:11

If we have a tiebreaker, we have to hear the case all over again next month.

4:17

So we will take this into consideration when hearing requests for continuance.

4:22

If your petition receives an indecisive vote, again, your petition will be automatically continued, continuated to the um continued to the March 18th, 2025 hearing.

4:33

So if the staff has recommended is not recommending approval, that's something you might want to consider.

4:40

Board members, you've been providing meeting minutes for our December 17th and January.

4:57

Bland, so moved.

4:58

I need a second.

5:00

Hannon second.

5:02

I'll now poll the board.

5:05

Oh hey Bland.

5:07

Bland, yes.

5:08

Hannon?

5:09

Yes.

5:10

Bender?

5:10

Yes.

5:11

Tapped, yes.

5:13

Okay.

5:14

So we now have approved minutes.

5:17

Is there anyone in the audience who has a question about our procedures?

5:22

If not, before we hear special requests, I will ask for a waiver of our rules of procedure to allow the vote the board to vote for all expedited petitions and adopt or findings of fact without any additional testimony from individual petitioners.

5:36

So I need a motion.

5:37

Bland saw moved.

5:38

I need a second handon second.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████57%
Sign Regulation████████10%
Transportation██████8%
Public Safety█████6%
Procedural████5%
Public Engagement███4%
Transit-Oriented Development███4%
Engineering And Infrastructure██2%
Community Engagement██2%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division 3 Public Hearing - February 18, 2025

The Metropolitan Board of Zoning Appeals, Division 3, held a public hearing on February 18, 2025, chaired by Joanna Taft, with board members Percy Bland, Brian Hannon, and Rayanna Bender. The board considered multiple variance petitions, including expedited cases, continuances, and full hearings. Votes were cast on each petition, with several denials and one grant with conditions.

Consent Calendar

  • Approval of Minutes: The board unanimously approved the minutes from the December 17 and January meetings (motion by Bland, second by Hannon; all voted yes).
  • Waiver of Rules: A motion to waive rules of procedure to allow votes on all expedited petitions without individual testimony was approved unanimously.

Public Comments & Testimony

  • General questions about procedures were invited; none were raised.
  • Multiple remonstrators and supporters spoke on specific cases (see Discussion Items below).

Discussion Items

  • Expedited Case 2025-UV3-003 (1044 St. Patrick Street): Petition for an outdoor entertainment venue. Initially tabled due to a neighbor's concern about sound checks starting at noon. After a private discussion between the neighbor and petitioner's representative, the neighbor withdrew objection. The board then voted unanimously to grant the variance.
  • 2024-DV1-037 Amended (2402 East 38th Street - Popeyes): Variance to add a second drive-thru lane. Petitioner argued it would reduce congestion. Remonstrator Ryan Hunt (IndyGo) opposed, stating it undermines the Transit-Oriented Development (TOD) overlay and the $188M Purple Line investment. Staff recommended denial. The board voted 4-0 to deny.
  • 2024-UV3-016 (425 & 435 South Gibson Avenue): Variance for RV storage and occupancy, and a six-foot privacy fence. Petitioner amended to one permanently occupied RV. Remonstrators (Warren Township Development Association, Councilman Michael Paul Hart) opposed, citing incompatibility with the estate neighborhood. Staff recommended denial. The board voted 4-0 to deny.
  • 2024-UV3-017 Amended (8949 East Washington Street - Integrity Electric): Variance for seven shipping containers and a 20-foot gate. Petitioner withdrew the landscaping waiver and made commitments to remove concrete barriers and plant screening. Remonstrators (Ron Phillips, Ryan Hunt) opposed, citing aesthetic and TOD goals. Staff recommended denial. The board voted 3-1 to deny the containers and 4-0 to deny the gate.
  • 2025-DV3-002 (6116 Braymore Road): Variance for a six-foot fence in the front yard and clear sight triangle (petitioner abandoned sight triangle request). Petitioner argued the lot is heavily wooded and the fence would be a backyard use. No remonstrators present. Staff recommended denial. The board voted 3-1 to grant.
  • 2025-UV3-001 (385 South Franklin Road - We Care Tree Service): Variance for outdoor storage of commercial vehicles and fence. Petitioner made seven commitments, including no RV storage, security lighting, planting trees, and limiting use to current owner. Remonstrator Ron Phillips expressed conditional support; Councilman Hart expressed concern about past violations but supported commitments. Staff recommended denial. The board voted unanimously to grant with conditions.
  • 2025-UV3-002 (10453 East 10th Street - Gassan Rajabi): Variance for an open-air 10-car sales lot on a D1-zoned property. Petitioner argued it would reduce back-and-forth traffic. Remonstrators (Ron Phillips, Councilman Hart) opposed, citing incompatibility. Staff recommended denial. The board voted 4-0 to deny.
  • 2025-DV3-001 (8420 U.S. 31 - Skillman Realty/ Kia): Variance for a third freestanding pylon sign. Petitioner argued it would improve separation between signs on separately owned but integrated parcels. Staff argued the sign could be avoided if a noncompliant sign on the adjacent parcel were removed. The board vote was 2-2 (Bender and Hannon yes; Taft and Bland no), resulting in an indecisive vote, so the petition was automatically continued to the March 18, 2025 hearing.
  • 2025-DV3-003 (1553 Harlan Street): Variance for a zero-foot side yard setback for an attached covered porch (used as carport). Petitioner cited family needs. Staff noted commercial vehicles parked on site and lack of practical difficulty. The board voted 3-1 to deny.

Key Outcomes

  • Approved with conditions: 2025-UV3-003 (entertainment venue), 2025-DV3-002 (fence on Braymore Road), 2025-UV3-001 (tree service with seven commitments).
  • Denied: 2024-DV1-037 (Popeyes drive-thru), 2024-UV3-016 (RV storage on Gibson Ave), 2024-UV3-017 (shipping containers on Washington St), 2025-UV3-002 (car sales on 10th St), 2025-DV3-003 (porch on Harlan St).
  • Continued to March 18, 2025: 2024-DV3037 (Shelby St), 2025-DV3004 (82nd St), and 2025-DV3-001 (U.S. 31 sign) due to indecisive vote.
  • Continuances granted for two cases without opposition.
  • The board noted that a board member had to leave at 4:00 p.m. and another at 4:30 p.m., but completed all scheduled cases.

Meeting Transcript

This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 3. I'm Joanna Taft, Chairperson of Division III. There were other board members present today are to my right, Percy Bland and Brian Hannon. And to my I'm sorry, to my left, Rayanna Bender. Legal counsel today for the board is Chris Steinmetz. Staff members present from the today from the division of planning are Desiree Aricozi, Principal Planner, Robert Ulenhake, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Senior Planner, Kaya Mullins, Associate Planner, Marty Weistee, Specialist and Secretary to the Board. The board has copies of the zoning ordinances that we incorporated by reference into the record of each case heard today. The proceedings of this hearing is governed by the board's rule of proceed rules of procedure. The expedited cases will be heard immediately after all requests for continuances or withdrawals. As each non-exploited 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 the 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 at 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 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 and 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 conditions imposed by the board must be approved must be approved by the affidavit of affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement 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 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 that its 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 four board members present today. It requires three votes to take any action on a request. That means we need a three votes voting for or three votes voting against. If we have a tiebreaker, we have to hear the case all over again next month. So we will take this into consideration when hearing requests for continuance. If your petition receives an indecisive vote, again, your petition will be automatically continued, continuated to the um continued to the March 18th, 2025 hearing. So if the staff has recommended is not recommending approval, that's something you might want to consider. Board members, you've been providing meeting minutes for our December 17th and January. Bland, so moved. I need a second. Hannon second. I'll now poll the board. Oh hey Bland. Bland, yes. Hannon? Yes.

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