June 17, 2025 Metropolitan Board of Zoning Appeals Division III Public Hearing
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June 17, 2025 Metropolitan Board of Zoning Appeals Division III Public Hearing
The Metropolitan Board of Zoning Appeals Division III convened on June 17, 2025 at 6:15 PM under the chairmanship of Joanna Taft, with members Brian Hannon (Vice Chair) and Rihanna Bender (Secretary). Legal counsel Chris Steinmetz and planning staff were present. The board heard special requests, continuances, and six petitions including variances of use and development standards. Three members were present, requiring unanimous votes for approval; indecisive votes resulted in continuances to the July 15, 2025 hearing.
Special Requests & Continuances
- 2025 UV 3008 (1231 West Troy): Petitioner David Gilman requested withdrawal of the variance petition and transfer of $795 in unused fees to a planned rezoning. No opposition. Staff had no objection. Board voted unanimously to acknowledge withdrawal and approve fee transfer.
- 2025 UV 3012 (2319-2331 North Gale): Petitioner requested continuance with new notice due to an amended site plan reducing variances. Staff had no objection. Board voted unanimously to continue to July 15, 2025 with notice.
- 2025 UV 3011 (2003 Woodcrest Road): Petitioner Alexis Lively requested a one-month continuance to obtain legal counsel. Staff had no objection. Board voted unanimously to continue to July 15, 2025 without notice.
- 2025 UV 3014 (3331 North Hawthorne): Automatic continuance filed by registered neighborhood organization to July 15, 2025 – acknowledged.
- 2025 UV 3020 (4102 Madison Avenue): Automatic continuance to July 15, 2025 – acknowledged.
- 2025 UV 3006 (2308 Shelby Street): Automatic continuance to July 15, 2025 – acknowledged.
- 2025 UV 3015 (address not specified): Continuance requested due to petitioner/owner absence. Board voted unanimously to continue to July 15, 2025.
Discussion Items
Case 2025-UV3-004 – 5284 38th Street North Drive (Lawrence Township, Council District 9)
- Petitioner: National Bank of Indianapolis, represented by Joseph D. Cauldron; Doug Talley (bank representative); Ashley Gervitz (community resident). Requested a variance of use to erect a freestanding automated teller machine (ATM) on a church parking lot, as ATMs are not permitted as primary uses. Petitioner argued the ATM would enhance community banking services, financial literacy, and partnership with New Direction Church. Counselor Keith Graves (District 9) and City-County Council President Vop Osili spoke in support, citing need for accessible banking and economic development. No remonstrators.
- Staff Position: Recommended denial. Staff stated ATMs are only permitted as accessory uses, and this standalone ATM would conflict with transit-oriented development overlay (Purple Line) and crime prevention design. Staff noted the ATM could be placed inside the church without variance.
- Board Vote: 3-0 in favor (Hannon, Taft, Bender). Variance granted.
Case 2025-UV3-007 – 3960 Baker Drive (Lawrence Township)
- Petitioner: Joanne Springer, represented by Roger Upchurch. Requested variance of use and development standards to construct a 2,900 sq ft daycare center (30 children, 10 employees) on a vacant D5-zoned lot adjacent to an elementary school. Staff recommended denial: site is residential; daycare is commercial use; parking inadequate (7 spaces required, but only driveway/street parking); would worsen traffic congestion from school pickup line; not consistent with East 38th Street Corridor Plan which envisions single-family homes. No remonstrators.
- Board Vote: 3-0 against (Hannon, Taft, Bender). Variance denied.
Case 2025-DV3-016 – 2360 Prospect Street (Center Township, Council District 18)
- Petitioner: Linda Thompson, represented by Daniel Newton. Requested variance to allow a 6-foot chain-link fence within front yards (max 3.5 feet) and within clear sight triangles (prohibited). Property is an auto sales lot. Petitioner cited theft and security, noting theft calls dropped from 6-8 per week to 1-2 after fence installation. Staff recommended denial: fence violates height, material, and sight triangle standards in a walkable commercial corridor; a wooden fence or plantings were recommended as alternatives. Board split vote: Hannon yes, Taft no, Bender no – indecisive (2-1). Case continued to July 15, 2025.
Case 2025-DV3-019 – 8733 US 31 (Perry Township, Council District 23)
- Petitioner: Casada LLC (Raising Cane’s), represented by Chris Russell. Requested two variances: (1) a freestanding pylon sign within 269 feet of an existing sign (minimum 300 ft separation required); (2) a third drive-thru pre-sale board (two permitted). Staff gave split recommendation: oppose freestanding sign (self-imposed, poor precedent, clutter), but support drive-thru sign. Petitioner argued no other sign options exist, and the sign would allow motorists to see the restaurant in time to turn left. Board split the ballot. Drive-thru sign: voted 3-0 to grant. Freestanding sign: Hannon yes, Taft yes, Bender no – indecisive (2-1). Freestanding sign portion continued to July 15, 2025.
Case 2025-UV3-013 – 9045 East 30th Street (Warren Township, Council District 15)
- Petitioner: Calvary Temple Assembly of God, represented by David Gilman; Jason Patterson (Helix Development). Requested variance of use to allow commercial offices in a building on SU1 (religious use) property. Building had been used by church for various purposes; Helix would lease and occupy for 7-12 employees. Petitioner argued church cannot sell or rezone due to financial obligations, and the use would support the church financially. Staff recommended denial: commercial offices are not permitted in SU1; rezoning to C1 would be more appropriate; nearby outdoor storage of modular homes (associated with Helix’s affiliate) raises concerns. No remonstrators. Board split vote: Hannon yes, Taft yes, Bender no – indecisive (2-1). Case continued to July 15, 2025.
Key Outcomes
- Granted: Case 2025-UV3-004 (ATM) granted 3-0; Case 2025-DV3-019 drive-thru sign granted 3-0.
- Denied: Case 2025-UV3-007 (daycare) denied 3-0.
- Continued to July 15, 2025: Case 2025-DV3-016 (fence) due to indecisive vote (2-1); Case 2025-DV3-019 freestanding sign portion due to indecisive vote (2-1); Case 2025-UV3-013 (offices) due to indecisive vote (2-1). Multiple continuances granted for procedural reasons.
- Special Requests: Withdrawal and fee transfer approved (2025 UV 3008); continuances granted as noted.
- Adoption of Minutes: Minutes from May 20, 2025 meeting approved unanimously.
Meeting Transcript
Get everyone's attention. I'm gonna call this meeting to order. Um, I will start with a little bit of business. So before we can begin today's meeting, we have to appoint a chairperson and a secretary of Division Three of the Board of Zoning Appeals. Is there any member who wishes to serve as chair? I am going to raise my hand. Do I have a motion to nominate the chair? Yes, I move to nominate Joanna Taft as chair. Do I have a second? Second. We will now vote to elect the chair. Aye. All in favor, say aye. Aye. Aye. Is there any member that wishes to serve as vice chair? I will serve. Do I have a motion to nominate that nominee? Motion to nominate vice chair. Do I have a second? Second. We will now vote to elect Brian Hannon as vice chair. All in favor say aye. Aye. Aye. Is there any member who wishes to serve as secretary? I will serve. Do I have a motion to nominate Rihanna Ben Binder Binder as Secretary? Nominate Ms. Bender for Secretary. Do I have a second? Yes. We will now vote to elect Rihanna Binder as secretary. All in favor, say aye. Aye. Aye. All right. With that business taken care of, this is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I'm Joanna Taft, Chairperson of Division Three. The other board members present today are Rihanna Bender, Secretary, and Brian Hannon, Vice Chair. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neilla, Principal Planner 2, Robert Ewlenhaik, Senior Planner, Michael Weigel, Senior Planner, Nora Stern, Senior Planner, Kaya Muller Mullins, associate planner, Marty Weistie, 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 expedite 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 to 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.
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