Metropolitan Board of Zoning Appeals Division III Meeting - March 18, 2025
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Metropolitan Board of Zoning Appeals Division III Meeting - March 18, 2025
The Metropolitan Board of Zoning Appeals Division III, chaired by Joanna Taft, convened on March 18, 2025, at 6:15 PM to hear continuance requests, expedited petitions, and a full public hearing. Board members present included Brian Hannon, Rihanna Binder, Aaron McBride, and Percy Bland (arriving later). Legal counsel was Chris Steinmetz, with staff from the Division of Planning. The meeting addressed four petitions: two continuances, one withdrawal, one expedited grant, and one variance granted after a split vote.
Special Requests & Continuances
- 2024 DB 3037 (1625 Shelby Street): Petitioner's attorney David Rutherford requested a third continuance to allow time to appear before the Fountain Merchants Group. Staff did not object on condition that this be the last continuance. The board voted unanimously to continue to the April 15 meeting.
- 2025 DV 3006 (720 East 25th Street): Jeff Hasser from Indianapolis Neighborhood Housing Partnership (INHP) requested moving this petition to the expedited docket. Staff recommended approval with no remonstrance. The board voted unanimously to move it to expedited.
- 2025 DV301 (8420 US 31): Attorney Joe Calderan withdrew the petition after an administrative determination rendered the variance unnecessary. The board acknowledged the withdrawal.
- 2025 DV3004 (5930 East 82nd Street): Joe Calderan requested a continuance to April 15 without additional notice, citing neighborhood support and a pending issue to work with staff. Staff had no objections. The board voted unanimously to continue.
Expedited Petition
- 2025 DV3006 (720 East 25th Street): The petition sought variances for a single-family dwelling (3-foot east side yard setback, 7 feet required; 15-foot rear yard setback, 20 feet required; 53% open space, 60% required). After moving to expedited, the board voted unanimously to grant the variance.
Full Public Hearing - Discussion Items
- 2025 DV3005 (4475 Carson Avenue): Petitioner Megan Comlock sought variances for a detached garage (17-foot front yard setback from Lindbergh Drive, 25 feet required, and larger than the primary building). The property is a corner lot in a D2 district. Staff recommended denial, citing the garage's size (1,910 sq. ft.) and height relative to the primary structure, and policy concerns about future commercial use. The petitioner explained the garage would house three vehicles, a boat, and storage. During discussion, the petitioner noted a planned porch addition that might mitigate the size issue but had no revised plans. The board debated options—voting immediately or granting a continuance—and ultimately voted. The variance was granted on a 3-2 vote (Brian Hannon, Percy Bland, Joanna Taft voting yes; Rihanna Binder and Aaron McBride voting no).
Key Outcomes
- Continuance granted: 2024 DB 3037 (1625 Shelby Street) continued to April 15, 2025, with staff's condition that it be the final continuance.
- Case moved to expedited docket: 2025 DV3006 (720 East 25th Street) placed on expedited docket.
- Withdrawal accepted: 2025 DV301 (8420 US 31) withdrawn.
- Continuance granted: 2025 DV3004 (5930 East 82nd Street) continued to April 15, 2025, without additional notice.
- Variance granted (expedited): 2025 DV3006 (720 East 25th Street) — unanimous vote.
- Variance granted (full hearing): 2025 DV3005 (4475 Carson Avenue) — granted 3-2.
- Adoption of findings of fact: The board noted it had negative findings of fact from the previous month to adopt, and the meeting was adjourned.
Adjournment
The meeting was adjourned after the board adopted negative findings of fact from the February meeting.
Meeting Transcript
I'm going to 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 Brian Hannon, Rihanna Binder, Aaron McBride, and we are expecting Percy Bland soon. Legal counsel for the board today is Chris Steinmetz. Staff members present from the Division of Planning are Eddie O'Neill, Principal Planner, Robert Ulenhaik, Senior Planner, Michael Weigel, Senior Planner, Noah Hearn, Senior Planner, Kaya Mullens, Senior Associate Planner, Marty Weiste, Specialist and Secretary to the Board. The Board 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 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 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 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, 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 opposed by the board must be proved 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 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 uh we have a full board today. We have five members. So we are going to um I also want to mention that we have minutes for our February meeting. And is that true? So I'll scratch this from the agenda. Okay. Do we have minutes from any meeting that we need to if there is anybody in the audience who has questions about our procedures? Okay, seeing none. Before we hear special requests, uh, we'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings in fact without any additional testimony from individual petitioners. So I need a motion. Hannon's so moved. Second. Second. So I'm gonna pull the board. Bland. Bland, yes.
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