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Record of Proceedings

Metropolitan Board of Zoning Appeals Div 3 Meeting - Dec 16, 2025

Board of Zoning Appeals III — Tuesday, December 16, 2025
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, December 16, 2025
StatusFILED
Video Record
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0:01

I'm going to call this meeting to order.

0:03

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

0:08

I am Joy Joanna Taft, Chairperson of Division Three.

0:12

Other board members present today are Rod Bohannon.

0:16

Thank you for being here.

0:17

And legal counsel for the board today is Chris Steinmetz.

0:20

Staff members present today from the Division of Planning are Eddie O'Neill, current planning administrator, Brian Patz, current planning manager, Robert Ulenhaik, senior planner.

0:32

Noah Stern, senior planner, Michael Weigel, senior planner, Marty Weiste, Senior Board Specialist and Secretary to the Board.

0:40

The board has copies of the setting ordinance that will be incorporated by reference into the record of each case heard today.

0:47

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.

0:58

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

1:07

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

1:20

It requires three votes for to take action on any requests.

1:24

And so the board will consider transfers and/or continuances in that order in the order that the petitions are listed on the agenda.

1:32

If no request is made regarding a transfer or continuance of a petition, all petitions will be automatically continued to the January 20th, 2026 hearing.

2:57

Okay.

2:58

Is there anyone in the audience who's interested in this request?

3:02

See none.

3:02

Let's hear from staff.

3:04

Thank you, Chairperson TAF members of the board.

3:07

Staff is confirming that that would be the correct date for Division Two hearing in February, which it is.

3:16

And we would not have an objection to that request.

3:18

Okay.

3:19

Um Mr.

3:22

Simetz, do we vote on this or do we just say we it is being continued continued and transferred and we can we're acknowledging it's being continued and transferred?

3:33

Yeah, the latter.

3:34

Just acknowledge it.

3:35

I'm we are acknowledging it so you're set for two-month continue.

3:42

Continued and transferred to February 20th, board two.

3:46

February 10th.

3:48

February 10th.

3:49

I can't read my own writing.

3:50

February 10th.

3:51

Okay, that gives us time to get our site plan done and get everybody here.

3:54

Okay.

3:55

Thank you for your time.

4:03

Good afternoon.

4:04

My name is Alan Townsend, 11 Monument Circle Suite 2700, Indianapolis 46204.

4:10

I'm actually here for item nine of your petitions for public hearing.

4:15

That's 2025 D V three 035 7930 Castleton Road.

4:23

The staff had requested that my client out front gather some additional information for their review to evaluate this petition, and we're happy to try and gather that.

4:33

So we were actually here to request a continuance to the January 20th meeting of this panel.

4:38

Okay.

4:40

Is there anybody in the audience who has an interest in 2025 DV3035?

4:45

Seeing none that's here from staff.

4:48

Thank you, Chairperson Taft members of the board.

4:50

Um given the lack of quorum and the additional information the petitioner is seeking to supply.

4:54

We have no objection.

4:56

Okay.

4:57

Um so your request is acknowledged and we will hear your case on January the 20th.

5:03

Thank you.

5:24

Um member of the board.

5:34

Staff will draw you to the first item.

5:37

2025 MO303 3030 North Shakeland Avenue.

5:41

The petitioner has indicated they'd like to continue this one month to the January 20th, 2026 hearing without additional notice.

5:50

Staff has no objection.

5:51

It is acknowledged.

5:52

Thank you.

5:52

Staff will draw your attention to the second special request.

5:56

2025 UV 3035 10211 Hidden Meadow Lane.

6:03

Petitioner submitted an automatic continuance, uh continuing this petition to the January 20th, 2026 hearing.

6:09

This would just require your acknowledgement.

6:11

It is acknowledged.

6:12

Thank you.

6:22

These petitions will be automatically continued to the January 20th, 2026 hearing of the Board of Zoning Appeals, Division 3.

6:33

Case number 2025-SE3-002 amended property address 3620 developers road.

6:43

Perry Township, Council District No.

6:45

19, zoned C7.

6:47

The petitioner is BMAC properties LLC, represented by Patrick B.

6:52

McGilvina.

6:53

Variants of development standards of the consolidated zoning and subdivision ordinance to provide for a wireless communications facility with a 150-foot tall monopole tower and a five-foot lightning rod, maximum height limited to 60 feet within 150 feet of a dwelling district, 500 foot separation required, and without the required perimeter landscape screening, minimum 10-foot landscape yard on all sides required.

7:18

Excuse me, Marty.

7:19

Petitioner, Madam Chair, petitioners indicated they'd like to transfer this to the January 13th BZA2 hearing.

7:27

2026.

7:30

Pardon me.

7:31

For item three.

7:32

Yes, for item three.

7:34

So 2025 SE 3002 will be automatically continued to the January 13th hearing of Division 2.

7:43

And for reference, number 5 will have a transfer as well.

7:46

Okay.

7:48

So it is acknowledged.

7:49

Item number 5 will also have a continuance of transit to the same date.

7:54

No, that will actually be to BZA1, January 6, 2026, without additional notice.

8:03

And that is 2026 UV 3031 4240 Bluff Road.

8:13

Do I acknowledge that now or does Marty need to read it?

8:20

And then I acknowledge manage everything at the at the very end.

8:23

And I'll just read all the correct dates.

8:28

Oh, don't worry about it.

8:30

All right.

8:31

So item number 3, 2025 SE 3002 is being continued to the January 13th 2026 hearing of Division 2.

8:45

Next case number 2025-DV3-034, property address 7110-7200-7202 and 7304 East 21st Street.

9:01

Warren Township, Council District No.

9:03

9, zoned C4 FW.

9:06

The petitioner is 7202 East Indianapolis Tanford LLC, represented by Lisa Argu.

9:13

Variants of development standards of the consolidated zoning and subdivision ordinance to provide for the location of four freestanding signs within an integrated center along East 21st Street with a minimum of 45 feet of separation.

9:27

Maximum two freestanding signs along a frontage permitted.

9:31

300 foot separation required.

9:33

With setbacks along East 21st Street, ranging from two feet to zero feet and encroaching within the right of way.

9:44

And the installation of a new sign cabinet on the existing poll sign along I-465, resulting in a height of 52.17 feet, maximum height of 20 feet permitted.

10:00

That case will be continued to the January 20th, 2026 hearing.

10:04

Case number 2025-UV3-031 property address 4240 Bluff Road.

10:12

Perry Township, Council District No.

10:14

22, zoned SU7.

10:17

The petitioners are Otis James and Tanya Hames by David Gilman.

10:21

Variants of use of the consolidated zoning and subdivision ordinance to provide for a three-unit apartment.

10:27

Not permitted.

10:28

That petition will be continued to the uh January 6th, 2026 BZA1 hearing.

10:37

Case number 2025-DV3-016 amended.

10:42

Property address 2360 Prospect Street, Center Township, Council District No.

10:48

18, zoned C4.

10:50

The petitioner is Linda Thompson, represented by Justin Kingan and David Kingan.

10:55

Variants of development standards of the consolidated zoning and subdivision ordinance to provide for the location of a six-foot-tall perimeter chain link fence within the required clear site triangular area.

11:06

Maximum three and a half foot tall fence permitted in front yards.

11:09

Chain link not permitted within front yards.

11:12

Encroachment into the clear side triangle not permitted.

11:16

That case will be continued to the January 20th, 2026 hearing.

11:21

Case number 2025-DV3-020 amended.

11:26

Property address 4102 Madison Avenue.

11:30

Perry Township, Council District number 23, zoned C4 TOD.

11:35

The petitioner is Sanchez Family Incorporated, represented by Kevin Lawrence.

11:40

Variants of development standards of the consolidated zoning and subdivision ordinance to provide for an eating establishment with a covered porch within the right of way of Castle Avenue, not permitted.

12:18

Perry Township, Council District No.

12:20

23, zoned C3 slash C1 TOD.

12:25

The petitioner is Francis Michael Lowe, represented by Justin and David Kingan.

12:29

Variants of development standards of the consolidated zoning and subdivision ordinance to provide for the construction of a building encroaching 35 feet within a category two stream protection corridor and a parking area within an easement.

12:43

Encroachment of stream protection corridors and easements not permitted.

12:46

That petition will be continued to the January 20th, 2026 hearing.

12:52

And case number 2025-MO3-002 property address 2719 North Emerson Avenue.

13:00

Warren Township, Council District No.

13:02

9, Zoned I-2.

13:04

The petitioner is Imagineering Hold Co Incorporated, represented by Nick Hammer.

13:10

Modification to terminate conditions 2 and 3 of 2005-SE3-003 to allow for outdoor storage and operations outside of the existing building.

13:22

Outdoor storage prohibited and operations required to be within the existing building.

13:28

And variants of use and development standards of the consolidated zoning and subdivision ordinance to allow for outdoor storage within 280 feet of a protected district with a height of 13 feet and without required fencing and landscaping screening.

13:43

500 feet of separation required, maximum maximum 10 foot tall height permitted, screening required.

13:51

They are acknowledged.

13:53

Okay.

13:54

That last petition 2025-MO3-002 is also being continued to the January 20th, 2026 hearing.

14:09

Then we are now adjourned.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████52%
Zoning and Land Use██████████████████████████████████████████48%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division Three - December 16, 2025

The Metropolitan Board of Zoning Appeals, Division Three, convened for a public hearing on December 16, 2025, presided over by Chairperson Joy Joanna Taft. The primary focus of the meeting was the administrative processing of petitions, with all agenda items designated for continuances to future hearing dates in January and February 2026 due to requests from petitioners or staff, and a lack of quorum in one instance. No substantive deliberation or voting on the merits of the zoning requests occurred during this session, nor was there public testimony recorded on the specific proposals. The Board acknowledged all motions to transfer or continue cases without objection from staff or the public.

Consent Calendar

  • 2025 D V three 035: Petitioner Alan Townsend requested a continuance to the January 20, 2026, hearing to gather additional information for the Castleton Road project; Staff confirmed no objection.
  • 2025 MO303: Petitioner requested a one-month continuance to the January 20, 2026, hearing without additional notice; Staff confirmed no objection.
  • 2025 UV 3035: Petitioner submitted an automatic continuance to the January 20, 2026, hearing; Board acknowledged.
  • 2025-DV3-034 (7110-7304 East 21st Street): Petitioner requested a continuance to the January 20, 2026, hearing; Board acknowledged.
  • 2025-DV3-016 (2360 Prospect Street): Petitioner requested a continuance to the January 20, 2026, hearing; Board acknowledged.
  • 2025-DV3-020 (4102 Madison Avenue): Petitioner requested a continuance to the January 20, 2026, hearing; Board acknowledged.
  • 2025-MO3-002 (2719 North Emerson Avenue): Petitioner requested a continuance to the January 20, 2026, hearing; Board acknowledged.
  • 2025-SE3-002 (3620 Developers Road): Petitioner requested transfer to BZA Division 2; Board acknowledged transfer to the January 13, 2026, hearing.
  • 2026 UV 3031 (4240 Bluff Road): Petitioner requested transfer to BZA Division 1; Board acknowledged transfer to the January 6, 2026, hearing without additional notice.

Public Comments & Testimony

  • No public comments or testimony were recorded regarding the specific zoning proposals during this meeting. The only public appearance noted was by Alan Townsend (representing the petitioner for item 9, 2025 DV3 035), who spoke solely to request a continuance to allow time for gathering additional information; no position on the merits of the zoning variance was expressed.

Discussion Items

  • Administrative Procedures: Chairperson Taft and Chairperson Taft (sic) discussed the procedural necessity of threeVotes to take action, the protocol for transfers vs. continuances, and the automatic continuation policy for any petition where no action is requested.
  • Staff Clarifications: Planning Staff confirmed that Division Two is scheduled for February 10, 2026, not February 20th as initially misstated by Chairperson Taft. Legal Counsel Chris Steinmetz clarified that the Board need not vote on acknowledgments of continuances but can simply acknowledge them verbally.

Key Outcomes

  • Continuances Granted: Fourteen (14) specific cases (2025 MO303, 2025-DV3-034, 2025-DV3-016, 2025-DV3-020, 2025-MO3-002, 2025-SE3-002, 2025 UV 3035, 2025-DV3-035, and others referenced) were officially continued or transferred to future dates ranging from January 6, 2026, to February 10, 2026.
  • No Votes on Merits: No votes were taken regarding the approval, denial, or modification of any specific development standards, use variants, or site plan details as all cases were deferred to subsequent meetings.
  • Adjournment: The meeting was adjourned immediately following the acknowledgment of the final continuance request.

Meeting Transcript

I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Three. I am Joy Joanna Taft, Chairperson of Division Three. Other board members present today are Rod Bohannon. Thank you for being here. And legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neill, current planning administrator, Brian Patz, current planning manager, Robert Ulenhaik, senior planner. Noah Stern, senior planner, Michael Weigel, senior planner, Marty Weiste, Senior Board Specialist and Secretary to the Board. The board has copies of the setting ordinance that will be incorporated by reference into the record of each case heard today. 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. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. It requires three votes for to take action on any requests. And so the board will consider transfers and/or continuances in that order in the order that the petitions are listed on the agenda. If no request is made regarding a transfer or continuance of a petition, all petitions will be automatically continued to the January 20th, 2026 hearing. Okay. Is there anyone in the audience who's interested in this request? See none. Let's hear from staff. Thank you, Chairperson TAF members of the board. Staff is confirming that that would be the correct date for Division Two hearing in February, which it is. And we would not have an objection to that request. Okay. Um Mr. Simetz, do we vote on this or do we just say we it is being continued continued and transferred and we can we're acknowledging it's being continued and transferred? Yeah, the latter. Just acknowledge it. I'm we are acknowledging it so you're set for two-month continue. Continued and transferred to February 20th, board two. February 10th. February 10th. I can't read my own writing. February 10th. Okay, that gives us time to get our site plan done and get everybody here. Okay. Thank you for your time. Good afternoon. My name is Alan Townsend, 11 Monument Circle Suite 2700, Indianapolis 46204. I'm actually here for item nine of your petitions for public hearing. That's 2025 D V three 035 7930 Castleton Road. The staff had requested that my client out front gather some additional information for their review to evaluate this petition, and we're happy to try and gather that. So we were actually here to request a continuance to the January 20th meeting of this panel. Okay. Is there anybody in the audience who has an interest in 2025 DV3035? Seeing none that's here from staff. Thank you, Chairperson Taft members of the board. Um given the lack of quorum and the additional information the petitioner is seeking to supply. We have no objection. Okay. Um so your request is acknowledged and we will hear your case on January the 20th.

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