Indianapolis City Meeting - May 20, 2025: Variance Decisions on Convenience Store and Residential Development
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Indianapolis City Meeting - May 20, 2025
This meeting of the Indianapolis Board of Zoning Appeals (or similar body) considered several variance requests, including a convenience store redevelopment on Shelby Street and a new single-family home on Wright Street. The board unanimously approved four consent calendar items and granted variances for the convenience store. For the Wright Street property, the board approved setbacks and open space variances but the vote on a front-loaded carport was not completed in the available transcript.
Consent Calendar
- Four variances were granted unanimously without discussion: cases 2025-DV3-013, 2025-DV3-014, 2025-UV3-015, and 2025-UV3-010. (Note: case numbers from transcript may contain typographical inconsistencies.)
Public Comments & Testimony
- Wright Street (Case 2025-DV3-010): Multiple remonstrators spoke in opposition to the front-loaded garage/carport. Heidi Studebaker (924 Wright Street) presented letters from neighbors Peter and Tess Robbins (928 Wright Street) and Barry Broley (920 Wright Street Alley), arguing that the front-loaded garage would eliminate crucial street parking, conflict with the character of the neighborhood, and improperly use public right-of-way for a private driveway. Another remonstrator emphasized the historic context of the area and urged a side-loaded garage instead.
Discussion Items
- Shelby Street Convenience Store (Case 2024-DV3-037 amended): Petitioner David Rutherford (Jugod LLC) requested variances for a convenience store at 1625 Shelby Street, citing the existing legally nonconforming gas station, a tight triangular lot, and impracticality of removing underground tanks. The plan included a 17-foot-wide building with deficient transparency (17.6% vs. 40% required along Shelby Street) and deficient landscaping due to a 20-foot strip along Shelby and two parking spaces lacking screening. Rutherford noted that the nearby neighborhood association (Fountain Square Merchants) and Indigo (the transit corridor entity) had withdrawn opposition after commitments were made: no alcohol sales, limited hours (5:30 AM – 10:30 PM), no loitering, additional lighting, and sidewalk improvements. Staff recommended denial, arguing the layout is incompatible with the Transit Oriented Development (TOD) vision and that the existing fuel pumps do not constitute a site-specific practical difficulty. The board questioned staff and petitioner, then voted 4-0 to grant the variances.
- Wright Street Single-Family Home (Case 2025-DV3-010 second amended): Petitioner Josh Hopkins (representing 8424 Bravestone LLC) sought variances for a 3-foot south side yard setback (5 feet required), a 3-foot rear yard setback (20 feet required), open space of 30% (40% required), and a front-loaded carport. Hopkins argued that a front-loaded carport was necessary due to the odd lot shape, AES electrical meter location, and cost. Staff supported the setbacks and open space variances but strongly opposed the front-loaded carport, recommending instead a side-loaded garage off the cul-de-sac. Staff noted that the neighborhood has no front-loaded garages and that the carport would harm walkability. Remonstrators echoed this, emphasizing parking loss and character. The board split the vote: Ballot A (setbacks and open space) was granted unanimously (4-0). The transcript ends before a vote on Ballot B (front-loaded carport) is recorded; the outcome of that request is not available in the transcript.
Key Outcomes
- Shelby Street (Case 2024-DV3-037 amended): Variance granted (4-0) with eight commitments read into the record, including no alcohol sales, operating hours, no loitering, and enhanced lighting.
- Wright Street (Case 2025-DV3-010 second amended): Ballot A (setbacks and open space) granted unanimously (4-0). The vote on the front-loaded carport (Ballot B) was not completed in the provided transcript; the final disposition remains unclear.
Meeting Transcript
Rod Bohannan votes yes. Joanna Taft votes yes. Percy Bland votes yes, and Brian Hannon votes yes. That variance is granted. On case 2025-DV3-013, Rod Bohannon votes yes. Joanna Taft votes yes. Percy Bland votes yes, and Brian Hannon votes yes. That variance is granted. On case 2025-DV3-014, Rod Bohannon votes yes. Joanna Taft votes yes. Percy Bland votes yes, and Brian Hannon votes yes. That variance is granted. On case 2025-UV3-015, Rod Bohannon votes yes. Joanna Taft votes yes. Percy Bland votes yes, and Brian Hannon votes yes. That variance is granted. And on case 2025-UV3-010, Rod Bohannon votes yes. Joanna Taft votes yes. Percy Bland votes yes, and Brian Hannon votes yes. That variance is granted. Okay, let's proceed to the full hearing. These are petitions for public hearing. Case number 2024-DV3-037 amended. Property address 1625 Shelby Street. Center Township, Council District No. 18, zoned C3 TOD. The petitioner is Jugod LLC, represented by David Rutherford. Variants of development standards of the consolidated zoning and subdivision ordinance to provide for the construction of a convenience store with a front building line width ratio of 10.64, 80% required, and deficient transparency along Shelby Street, 40% required, and with deficient landscaping. Will those who plan to speak on this case please raise their right hand to be sworn in? Do you swear or affirm that the testimony you will give is the truth and nothing but the truth? I do. Allergies. Excuse me. My name is David Rutherford. I'm a zoning attorney down on the southeast side of Indianapolis at 8801 Southeastern Avenue. And first of all, if you look at this case, you'll see we continue this booger a lot. And I want to thank you for letting us do that. This was really an unusual scenario where the input from the neighborhood associations was really important, not only to my client, but I think also to the board. And the good news is we were actually able to hop through the various hoops to get to the right people and get some uh information back, and we actually have the support of this petition from the Fountain Merchants Association, which is which is something we really were critically looking for here. Um we don't, as you can see, have any remonstrance at all. Um there's been a lot of discussion with the neighbors. And there's also been a lot of changes in this site from when it was first uh or this case since it was first filed. Um is it possible that we could put like maybe the locator map up there so we could help everybody understand where we're looking at, and then follow it up with a site plan when we get ready for that. The property is located at the intersection of uh Shelby Street and Pleasant Run. And if you are familiar with the site at all, you'll know it's it's an island. It's a tiny little site, it's very sharp, triangular. That's you can kind of see it there. Um, and by the time you it's a quarter acre in size, and that's before you take into account the setbacks. So we have um from the very beginning, we have a couple of fairly unusual practical difficulties with any use on this site, and that is the presence of two streaks, sharp triangle, the the impact of the setbacks. Um but actually the most significant um issue is that we have an existing gas station that's been there since from the staff report sometime in the early 70s.
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