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Record of Proceedings

Metropolitan Board of Zoning Appeals Division III Meeting - July 15, 2025

Board of Zoning Appeals III — Tuesday, July 15, 2025
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, July 15, 2025
StatusFILED
Video Record
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1:09

Yeah, yeah, sure.

1:10

Okay, absolutely.

1:19

You don't have to get it.

1:46

And then it'll come back to you from the five minutes with the case.

1:53

Yeah.

1:53

And then you can bring that up and you get it.

1:56

When you email me, it'll follow you.

2:08

Yeah, I'm like, well, you can see that and then I think we can see a support.

2:22

I have no problem getting up there.

2:24

Okay, if you're okay with coming up, you can come up and see your okay.

2:32

So you won't fill out one of these cards.

2:37

Yep.

2:39

And then we should be and then so it's like the point I'm doing the top and comment.

2:45

Okay.

2:53

And then you shouldn't fill it.

2:56

Um the structure in question uh I don't know if there are photographs on this code presented.

3:06

Um I wasn't uh I wasn't allowed on the site.

3:09

I had a deep violation on pictures and that's so you have one track after how it should be the ones that I'm uh I think from you um I just pulled it from the violation.

3:32

I've sometimes I just don't get the same things because I'm gonna see.

3:46

Uh this was early on, I think we've several improvements to it.

3:53

Um I do have an image of the text or anyway.

3:58

I could and it could be shown up there in four hours.

4:14

Um, talk about how skips aren't actually I think.

4:36

Yeah, so it wouldn't find out here.

4:45

Oh, I can write it down for you.

4:51

Uh yeah.

5:15

Okay.

5:26

Okay.

6:44

I'm going to call this meeting to hearing this meeting to order.

6:47

Um, this is a public hearing of the Metropolitan Board of Zoning Appeals, Division III.

6:51

I'm Joanna Taft, Chairperson of Division Three.

6:54

Other board members present are Rayanna Bender, Brian Brian Hannon, Rod Bohanan, and Aaron McBride.

7:03

Legal counsel for the board today is Chris Steinmetz.

7:06

Staff members present from this division of planning are Eddie O'Neah, current planning administrator, Robert Eulin Haig, senior planner, Michael Weigel, senior planner, Noah Stern, senior planner, Kaya Mullins, senior planner, Marty Weistee, specialist and secretary to the board.

7:25

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

7:31

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

7:35

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

7:42

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

7:48

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

7:52

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

7:56

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

8:01

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.

8:11

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.

8:21

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

8:32

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

8:39

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

8:44

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.

8:52

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 position the petition.

9:05

Anyone at this hearing who thinks complete and proper notice has been 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.

9:34

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

9:41

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

10:00

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.

10:04

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.

10:12

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

10:16

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

10:24

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

10:32

We do have five members present today.

10:46

If we have four board members, then it's we have we have to have at least three members voting on one thing to get it to pass.

10:53

Otherwise, we have to rehear it.

10:55

So we if you are worried about that, if you're at the end of the docket and worried about that, we would um consider um a continuance.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████59%
Procedural███████████14%
Sign Regulation████████11%
Animal Care███████9%
Code Enforcement███4%
Community Engagement█1%
Traffic Calming█1%
Affordable Housing█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division III Meeting - July 15, 2025

The Metropolitan Board of Zoning Appeals Division III held a public hearing on July 15, 2025, at 18:00 UTC. The board, chaired by Joanna Taft, considered continuances, withdrawals, and several variance petitions. The meeting included approval of previous minutes, a waiver of rules for expedited petitions, and decisions on multiple zoning cases.

Consent Calendar

  • The board unanimously approved the minutes from the June 17, 2025 meeting.
  • A motion to waive board rules of procedure for voting on all expedited petitions without individual testimony was passed unanimously.

Special Requests & Continuances

  • 2025 DV3023 (1638 Shelby Street): Continued to August 19, 2025, without notice, upon request by petitioner.
  • 2025 DV3016 (Bobby's Auto): Continued to September 16, 2025, upon request; staff noted indecisive vote from previous hearing.
  • 2025 UV3018 (7802 Haig Road): Continued to August 19, 2025, with notice, due to incorrect notice sent.
  • 2025 UV3012 (2319-2327-231 North Gill Street): Continued to August 19, 2025, with notice, due to error in notice.
  • 2025 DV3025 (980 South Kitley Avenue): Continued to August 19, 2025, without notice, due to sign damaged by storm.
  • 2025 UV3014 (3331 North Hawthorne Lane): Withdrawn by petitioner; acknowledged by board.
  • 2025 DV3024 (2747 North Emerson Avenue): Automatic continuance to August 19, 2025, filed by registered neighborhood organization; acknowledged.
  • 2025 UV3017 (6106 Nibit's Drive): Withdrawn by petitioner; acknowledged.
  • 2025 UV3020 (3615 South Rural Street): Continued to August 19, 2025, with notice, as petitioner not present and amended notice needed.
  • 2025 DV3020 (4102 Madison Avenue): Continued to August 19, 2025, with notice, due to deficient notice.
  • 2025 UV3006 (2308 Shelby Street): Continued to August 19, 2025, without notice, for additional information and revised site plan.
  • 2025 UV3016 (1659 East Sumner Avenue): Continued to August 19, 2025, with notice, due to deficient notice.
  • 2025 UV3015 (8936 South Point Drive): Initially flagged for affidavit issue, but later heard after petitioner provided corrected affidavit. The board granted a four-day waiver of notice and heard the case as expedited.
  • 2025 DV3026 (95 South Middleford Road): Continued to August 19, 2025, without notice, for continued discussions.

Discussion Items

Case 2025-UV3-019 (8641 East 30th Street) - Expedited

  • Petitioner: FLT Keith Lynn LLC, represented by Justin Kingan and David Kingan.
  • Request: Variance of use and development standards to operate a grocery store in I2 zoning.
  • Outcome: Unanimously granted (5-0).

Case 2025-DV3-015 (3080 East Midland Road)

  • Petitioner: Mark Adams, represented by Chris Hollyfield.
  • Request: Variance to place a shipping container (commercial vehicle) in the front yard for storage.
  • Arguments: Petitioner stated the container was hidden by vegetation, no other location due to utility lines and slope, and it was for storage only. Neighbors supported, noting it was not visible from the street.
  • Staff Position: Recommended denial, citing precedent of commercial vehicles in front yards and alternative options; staff was not allowed on site to verify utility lines.
  • Vote: 3-2 (McBride and Bohannon yes; Hannon, Taft, Bender no). Variance not granted.

Case 2025-DV3-019B (8733 US 31)

  • Petitioner: Casada LLC, represented by Sign Solutions Inc.
  • Request: Variance of development standards for a freestanding sign within 269 feet of another sign (300 feet required).
  • Background: Part A (drive-through sign) approved in June; Part B received indecisive vote. Revised site plan moved sign to 300 feet from one sign but still 269 feet from another.
  • Arguments: Petitioner argued the sign improves safety for motorists turning into the development; sign is necessary due to poor visibility of building from certain directions.
  • Staff Position: Recommended denial, stating the sign goes against separation standard intent and site is already highly visible.
  • Vote: 3-2 (McBride, Hannon, Bohannon yes; Taft, Bender no). Variance granted.

Case 2025-UV3-011 (2003 Woodcrest Road)

  • Petitioner: Alexis Lively, represented by Russell Brown.
  • Request: Variance of use to operate a pet grooming business as a home occupation (not permitted in D2 zoning).
  • Arguments: Petitioner complied with 16 of 17 home occupation standards; low traffic (3-4 dogs/day), no outdoor storage, neighbors supportive (23 signatures). Only issue was pet grooming not listed as a home occupation.
  • Staff Position: Recommended denial, citing increased traffic and commercial intensity inappropriate for residential district.
  • Vote: Unanimously granted (5-0).

Case 2025-UV3-013 (9045 East 30th Street)

  • Petitioner: Calvary Temple Assembly of God Inc., represented by David Gilman.
  • Request: Variance of use to allow commercial offices in an existing building (SU1 zoning).
  • Arguments: Building vacant; office use (7-12 employees) similar to prior religious use; support from Warren Township Development Association and Councillor Allen. Petitioner committed to rezoning if building becomes available for sale.
  • Staff Position: Recommended denial, noting storage of modular homes on adjacent church property (not part of petition) and concern that office use could lead to further commercial encroachment. Petitioner stated storage issue is separate and will be addressed in another variance request.
  • Vote: Unanimously granted (5-0).

Case 2025-UV3-015 (8936 South Point Drive) - Tabled Expedited

  • Petitioner: NNN South Point LLC, represented by Cindy Ketchum.
  • Request: Variance of use to operate a hair and body care salon/service uses in HD2 zoning.
  • Process: After a four-day waiver of notice, the case was heard as expedited.
  • Outcome: Unanimously granted (5-0).

Key Outcomes

  • Minutes approved: June 17, 2025 meeting minutes adopted unanimously.
  • Waiver of rules: Approved unanimously for expedited petitions.
  • Continuances: Multiple cases continued to August 19 or September 16, 2025, with or without notice as noted.
  • Withdrawals: Two petitions withdrawn (2025 UV3014, 2025 UV3017).
  • Variances granted: 2025-UV3-019 (grocery store), 2025-DV3-019B (freestanding sign), 2025-UV3-011 (pet grooming home occupation), 2025-UV3-013 (commercial offices), 2025-UV3-015 (salon).
  • Variance denied: 2025-DV3-015 (shipping container).
  • Adoption of findings: Board adopted findings of fact from previous hearings before adjournment.

Meeting Transcript

Yeah, yeah, sure. Okay, absolutely. You don't have to get it. And then it'll come back to you from the five minutes with the case. Yeah. And then you can bring that up and you get it. When you email me, it'll follow you. Yeah, I'm like, well, you can see that and then I think we can see a support. I have no problem getting up there. Okay, if you're okay with coming up, you can come up and see your okay. So you won't fill out one of these cards. Yep. And then we should be and then so it's like the point I'm doing the top and comment. Okay. And then you shouldn't fill it. Um the structure in question uh I don't know if there are photographs on this code presented. Um I wasn't uh I wasn't allowed on the site. I had a deep violation on pictures and that's so you have one track after how it should be the ones that I'm uh I think from you um I just pulled it from the violation. I've sometimes I just don't get the same things because I'm gonna see. Uh this was early on, I think we've several improvements to it. Um I do have an image of the text or anyway. I could and it could be shown up there in four hours. Um, talk about how skips aren't actually I think. Yeah, so it wouldn't find out here. Oh, I can write it down for you. Uh yeah. Okay. Okay. I'm going to call this meeting to hearing this meeting to order. Um, this is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I'm Joanna Taft, Chairperson of Division Three. Other board members present are Rayanna Bender, Brian Brian Hannon, Rod Bohanan, and Aaron McBride. Legal counsel for the board today is Chris Steinmetz. Staff members present from this division of planning are Eddie O'Neah, current planning administrator, Robert Eulin Haig, senior planner, Michael Weigel, senior planner, Noah Stern, senior planner, Kaya Mullins, senior planner, Marty Weistee, specialist and secretary to the board. The board is 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 this 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. 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 position the petition. Anyone at this hearing who thinks complete and proper notice has been 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. Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion.

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