OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division 3 Public Hearing - April 15, 2025

Board of Zoning Appeals III — Tuesday, April 15, 2025
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, April 15, 2025
StatusFILED
Video Record
0:00 / 41:32

Transcript — Verbatim
0:01

I'm going to call this meeting to order.

0:04

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

0:08

I'm Joanna Taft, Chairperson of Division 3.

0:11

Other board members present are Brian Hannon, Rod Bohan, and Aaron McBride.

0:17

We are expecting Percy Bland in a few minutes.

0:20

Legal counsel for the board today is Chris Steinmetz.

0:23

Staff members reporting from the Division of Planning are Eddie Honea, Principal Planner, Robert Udlinhag, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Senior Planner, Kaya Mullins, Senior Planner, and Marty Weiste, Specialist and Secretary to the Board.

0:43

The Board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today.

0:49

The proceedings of this hearing are governed by the board's rules of procedure.

0:53

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

1:00

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

1:07

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

1:10

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

1:15

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

1:20

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.

1:30

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.

1:40

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

1:43

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

1:48

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

1:52

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

1:59

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

2:04

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.

2:12

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.

2:24

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.

2:36

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

2:42

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

2:48

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

2:54

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

3:02

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

3:10

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

3:18

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.

3:26

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.

3:35

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

3:38

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

3:47

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

4:01

Um board members, you have been provided meeting minutes for both the February 18th and March 18th meeting.

4:11

If there are no deletions or additions, I will take a motion for their approval.

4:19

Hannon and I motion that we accept the minutes.

4:21

Need a second.

4:22

Blind second.

4:23

I'll now poll the board.

4:25

Bohannan.

4:27

Yes.

4:28

Hannon.

4:29

Yes.

4:30

Uh Bland.

4:31

Yes.

4:31

McBride.

4:32

Yes.

4:33

Taft, yes.

4:35

Okay.

4:35

Is there anyone in the audience who's any questions about our procedure?

4:40

Um before we hear special requests, I'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners.

4:52

So I need a motion.

4:53

Blandy.

4:54

I need a second.

4:55

Okay.

4:55

Blind second.

4:56

All right, I'll now pull the board.

4:58

Bohannon.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████81%
Homeowners Association Regulations████████14%
Procedural███5%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division 3 Public Hearing - April 15, 2025

The Metropolitan Board of Zoning Appeals Division 3 met on April 15, 2025, at 6:00 PM. Chairperson Joanna Taft presided, with board members Brian Hannon, Rod Bohan, Aaron McBride, and later Percy Bland. Legal counsel Chris Steinmetz and staff from the Division of Planning were present. The meeting included approval of prior minutes, procedural waivers, continuance requests, expedited cases, and a full public hearing.

Consent Calendar

  • Meeting Minutes: The board approved minutes from the February 18 and March 18, 2025 meetings by motion (Hannon/Bland) with a unanimous vote.
  • Rules Waiver for Expedited Petitions: The board unanimously waived rules of procedure to allow voting on all expedited petitions without individual testimony.

Public Comments & Testimony

  • No public comments were offered during the hearing.

Discussion Items

  • Continuance Requests

    • 2025 DV3 009 (7151 E 35th St – Indianapolis Public Schools): Petitioner Russell McClure requested a three-day waiver of notice and signage because notices were sent 20 days prior instead of the required 23. Staff had no objections, and the board granted the waiver.
    • 2025 DV3 008 (5101 E Thompson Rd): Petitioner Joe Calderan requested a continuance and transfer to Board 1 for June 3, 2025, citing the need for more preparation and input from Franklin Township. Staff did not object, and the board granted the continuance and transfer.
    • 2024 DB 3037 (1625 Shelby St): Petitioner David Rutherford requested a continuance to May 20, 2025, stating that a crucial letter of support from the Fountain Fletcher District Association would be available later that day but too late for the hearing. Staff was ready to proceed but deferred to the board. The board granted the continuance.
    • 2025 DB 3011 (Address not specified): Petitioner John Cross requested a two-day mailing/posting notice waiver (notices mailed March 25, due March 21). Staff had no objections, but the board granted a three-day waiver. The discrepancy between the two-day request and three-day grant was not addressed.
    • 2025 DV3 010 (909 Wright St): Staff reported that the registered neighborhood organization had filed an automatic continuance, which the board acknowledged.

  • Expedited Cases (voted collectively without additional testimony)

    • 2025-DV3-004 (5930 E 82nd St): Variance for an eating establishment with two stacking spaces in the front yard and 21 parking spaces (maximum nine permitted). Granted unanimously.
    • 2025-DV3-007 (426 Panola Court): Variance for a building addition encroaching within a platted easement. Granted unanimously.
    • 2025-DV3-009 (7151 E 35th St): Variance for a six-foot chain-link fence (limited to 3.5 feet tall) in the front yard on 34th Street, by Indianapolis Public Schools. Granted unanimously.

  • Full Public Hearing – 2025-DV3-011 (1022 Grassy Branch Dr)

    • Petition: Taylor Morrison of Indiana LLC, represented by John Cross and Jared Klein, sought a variance for open space of 67% (70% required) to construct a 2,467-square-foot single-family ranch home with an in-law suite on the main floor for the buyer's elderly mother-in-law. The lot (0.23 acres) is adjacent to a common area lot to the south. Petitioner noted that the developer and HOA supported the request, and that a replat (adding a two-foot strip from the common area) was an alternative but less efficient option.
    • Staff Position: Staff initially indicated support via email (mid-to-late February) but changed to a recommendation of denial after formal application review (March 31). Staff cited that the lot was sufficiently sized (over the D3 minimum of 10,000 sq ft), no other lots in the subdivision had requested variances, and the infill housing guidelines favored consistent massing and open space. Staff offered a refund of filing fees, which the petitioner declined.
    • Petitioner's Rebuttal: The petitioner relied on initial staff support and could not reduce the footprint without sacrificing livability. The common area lot mitigates negative impacts such as runoff and massing. The home is only slightly larger than other ranch designs in the neighborhood (largest ranch at ~2,400 sq ft).
    • Board Questions: Board members asked about the timeline of staff communications, the difference in house size (the proposed home is up to 67 sq ft larger than the largest existing ranch), and the practical difficulty.

Key Outcomes

  • Continuances and Waivers
    • Three-day waiver granted for 2025 DV3 009.
    • Continuance and transfer granted for 2025 DV3 008 to June 3, 2025.
    • Three-day waiver granted for 2025 DB 3011 (despite two-day request).
    • Continuance granted for 2024 DB 3037 to May 20, 2025.
    • Automatic continuance acknowledged for 2025 DV3 010.
  • Expedited Petitions: All three (2025-DV3-004, 2025-DV3-007, 2025-DV3-009) granted unanimously.
  • Full Hearing – 2025-DV3-011: Voted granted (5-0). Members voting yes: Brian Hannon, Percy Bland, Joanna Taft, Rod Bohannan, Aaron McBride.
  • The board also planned to clean up and adopt findings of fact for prior cases.

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 3. Other board members present are Brian Hannon, Rod Bohan, and Aaron McBride. We are expecting Percy Bland in a few minutes. Legal counsel for the board today is Chris Steinmetz. Staff members reporting from the Division of Planning are Eddie Honea, Principal Planner, Robert Udlinhag, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Senior Planner, Kaya Mullins, Senior Planner, and 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 shall 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 though will 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 petition'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 of way 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 by an affidavit affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified an approvement location permit and 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 is uh process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Um board members, you have been provided meeting minutes for both the February 18th and March 18th meeting. If there are no deletions or additions, I will take a motion for their approval. Hannon and I motion that we accept the minutes. Need a second. Blind second. I'll now poll the board. Bohannan. Yes. Hannon. Yes. Uh Bland. Yes. McBride. Yes. Taft, yes.

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