Indianapolis Metropolitan Board of Zoning Appeals Division 3 Public Hearing – August 19, 2025

The Metropolitan Board of Zoning Appeals Division 3 met on August 19, 2025, at 6:15 PM ET under Acting Chairperson Brian Hannon. Board members Rihanna Bender, Rod Bohannon, Percy Bland Jr., and David Duncan were present. The hearing considered continuances, expedited petitions, and 10 regular cases involving variance requests across Indianapolis. Key issues included extensions for temporary structures, pedestrian connectivity waivers, setback reductions, use variances for transitional housing, event centers, recreational vehicle parking, signage, and adaptive reuse of a former big-box store.

Consent Calendar

• Approval of July 15, 2025 minutes – Unanimously approved.
• Waiver of rules for expedited petitions – Unanimously approved, allowing votes without additional testimony.

Public Comments & Testimony

• 2025-UV3-006 (2308 Shelby Street): Neighbor Beth Brandon (Hervey St.) opposed the outdoor recreation/entertainment variance, citing overdevelopment, safety concerns due to the clear sight triangle, and historic district context. Ed Barry (E. Bradbury Ave.) argued the use is out of character with the historic Garfield Park Historic District. Richard Whitney (E. Bradbury Ave., neighborhood association president) stated the board voted 5-2 against the variance due to lack of trust in the property owner. Ed Mahern (Tabor St.) noted nearby infants and asked the board to deny the petition.
• 2025-UV3-020 amended (3615 S. Rural Street): Neighbor Timothy Brock (3515 S. Rural) opposed the event center, citing prior dumping, rodent issues, noise, drainage problems, and safety for children and elderly residents on the dead-end street. He expressed concerns about gravel parking, snow removal, and increased traffic.
• 2025-UV3-024 (10859 E. Washington Street): The Warren Township Development Association expressed support (letter in packet). The Metropolitan Planning Organization opposed use aspects, but staff disagreed. Councillor Michael Paul Hart also supported the project.

Discussion Items

• 2025-DV3-001 (5510 Millersville Road): Petitioner Ted Nolteen (Atty.) and Tom Dock (NOAH's Animal Hospital) requested a two-year extension for a temporary modular building. They cited 15,000+ patients in 12 months (70% urgent/emergent), a broken leg injury to Dr. Thomas, and ongoing engineering issues. Staff opposed, noting this would be the third extension (total 6 years) and that the site had other code violations (unenclosed dumpster, illegal signage). After discussion, the board amended the request to a one-year extension with a commitment to file a rezoning petition within six months. Approved 4-1 (Bland dissented).
• 2025-DV3-024 (2747 N. Emerson Avenue): Petitioner Joe Calderon (Atty.) requested a waiver of pedestrian connectivity requirements for an industrial site (concrete contractor). He argued there is no existing sidewalk on Emerson Avenue, and requiring a walkway is impractical due to drainage ditches and grade changes. Staff opposed, citing a planned sidewalk project (ST26501) and the ordinance's intent to provide safe pedestrian access. The petitioner noted the building expansion is private and no public incentives are involved. Approved 4-1 (Hannon dissented).
• 2025-DV3-026 (95 S. Mitthoeffer Road): Petitioner Misha Rabinowich (Atty.) and architect Drew White (Studio Axis) sought a variance to reduce the south transitional yard setback from 20 feet to 0.5–11 feet for a credit union expansion. The site is near the Pennsy Trail. The petitioner stated 430 transactions daily (up to 730 peak), and the expansion is needed to serve the community. They offered additional landscaping and removed some parking spaces. Staff recommended denial, arguing alternative site plans could avoid the encroachment. Approved 4-1 (Bender dissented).
• 2025-UV3-006 (2308 Shelby Street): Petitioner Walter Racinos (owner) requested a use variance for outdoor recreation/entertainment on a deck, plus setback and clear sight triangle variances. He built the deck to support a future restaurant with live music. He expressed frustration with neighbors and the HOA, noting prior issues (prostitution raid at a massage parlor tenant). Staff and neighbors opposed. The board voted unanimously to deny (0-5).
• 2025-UV3-012 amended (2319, 2327, 2331 N. Gale Street): Petitioner David Gilman (Atty.) and ICNA Relief USA Programs sought a variance for transitional living quarters for homeless women and children. The site is a duplex split by D5 and C5 zoning. The organization runs 27 such homes nationally; this would be Indiana's first. They have support from the Muslim community, the school, and Councillor Bob Osley. Staff recommended denial, arguing the same services could be provided without the variance. The board approved 5-0 with a commitment to operate per the submitted plan.
• 2025-UV3-016 (1659 E. Sumner Avenue): Petitioner Aaron Donovan (owner) requested variances for a second primary building (1,414 sq. ft.) and a reduced east side setback (4 feet vs. 7 feet required). The owner built without permits and has since paid fines. They argued the city's own zoning charts were confusing, and the site has unique hardships (storm sewer bisects the parcel). Staff recommended denial, calling it overdevelopment. Approved 4-1 (Duncan dissented).
• 2025-UV3-020 amended (3615 S. Rural Street): Petitioner Maurice Scott (Atty.) and Ricardo Lopez Jr. (owner) sought a use variance for an event center (weddings, corporate events) on a 4.81-acre farm property. They planned to reduce parking to 100 spaces and add landscaping. Staff opposed, citing incompatibility with residential surroundings, drainage, noise, and traffic safety. A neighbor testified against it. Denied 2-3 (Bohannon and Duncan voted yes; Bland, Hannon, Bender voted no).
• 2025-DV3-027 (3303 S. State Street): Petitioner David Deering (Atty.) and Melissa Yoberto (GoPro Investments) sought variances for recreational vehicle parking, gravel area width, and fence height. After withdrawing several requests (RV count reduced to 2, parking width reduced to 30 ft.), the remaining variance was for a 6-foot front yard fence (max 3.5 ft. allowed). The owners cited proximity to I-65 and a concrete plant, needing the fence to block noise, dust, and contain a Bernese Mountain Dog. Staff opposed, recommending landscaping instead. Approved 5-0.
• 2025-UV3-022 (6520 E. 82nd Street): Petitioner Pat Rooney (Atty.) and Taha (smoke shop owner) sought to add a tenant panel to an existing pole sign (lit, 30 ft. tall) along the congested 82nd Street corridor. The sign would be the seventh freestanding sign within 1,000 feet. Staff cited the Castleton Strategic Revitalization Plan calling for reduced sign clutter. The petitioner argued the business is hidden and losing customers. Approved 3-2 (Bland and Duncan dissented).
• 2025-UV3-024 (10859 E. Washington Street): Petitioner Andy Metzel (Atty.) and Jeff Carlson (President, University Loft Company) requested a use variance for furniture warehousing/assembly and a fence variance for a 5-6 ft. metal fence around the front parking lot. The property is a former Sam's Club (135,000 sq. ft.). The use variance had staff support (adaptive reuse, no incentives); the fence variance was contested. The board split the vote: use variance approved 5-0; fence variance approved 4-1 (Bender's vote not explicit in transcript but implied). Commitments included use-specific limitations, landscaping, and removal of spear tops on fencing.

Key Outcomes

• Approved variances:
  • 2025-MO2-001 (one-year extension, rezoning commitment) – 4-1
  • 2025-DV3-024 (pedestrian connectivity waiver) – 4-1
  • 2025-DV3-026 (setback reduction, credit union) – 4-1
  • 2025-UV3-012 (transitional living quarters) – 5-0
  • 2025-UV3-016 (second primary building) – 4-1
  • 2025-DV3-027 (fence height) – 5-0
  • 2025-UV3-022 (sign panel) – 3-2
  • 2025-UV3-024 part A (use variance) – 5-0
  • 2025-UV3-024 part B (fence variance) – 4-1 (exact tally not fully recorded but granted)
• Denied variances:
  • 2025-UV3-006 (outdoor recreation, deck, setbacks) – 0-5
  • 2025-UV3-020 amended (event center) – 2-3
• Continued cases (to September 16, 2025): 2025-DV3-025, 2025-DV3-023, 2025-DV3-020, 2025-UV3-023, 2025-UV3-021 (acknowledged).
• Expedited case: 2025-SE3-001 (manufactured home) – Unanimously granted.
• Resolution: 2025-BZ3-001 – Unanimously adopted, authorizing staff participation in court proceedings.