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Record of Proceedings

Metropolitan Board of Zoning Appeals Division III Hearing - March 17, 2026

Board of Zoning Appeals III — Tuesday, March 17, 2026
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals III
DateTuesday, March 17, 2026
StatusFILED
Video Record
0:00 / 28:09

Transcript — Verbatim
0:01

I'm going to call the speedy to order.

0:03

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

0:07

I'm Joanna Taft, Chairperson of Division III.

0:11

Other board members present are to my left, Brian, or to my right, Brian Hannon and Percy Bland Jr., and to my left, Rod Bohannon.

0:20

Legal counsel for the board today is Chris Steinmetz.

0:23

Staff members present today from the Division of Planning are Brian Patz, current planning administrator, Jeff York, current planning manager, Michael Weigel, Principal Planner 1.

0:35

Robert Ulan Haik, senior planner, Josh LeVec, Senior Planner, Marty Weistee, Senior Board Specialist and Secretary to the Board.

0:47

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

0:53

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

0:57

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

1:03

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

1:10

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

1:14

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

1:19

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

1:24

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.

1:34

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.

1:45

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

1:48

The petitioner will then be allowed five minutes for rebuttal and a summation of the case.

1:53

Rebuttal must be limited to the subject matter of the initial presentations.

1:57

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

2:04

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

2:09

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.

2:18

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 petition.

2:32

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.

2:43

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

2:49

The installation of landscaping screening, the paving and parking area, and the dedication of rights away are examples.

2:55

These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.

3:02

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

3:10

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

3:18

Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services.

3:26

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.

3:34

The written request must be filed within five days of a board's decision and must include the person's full name and correct mailing address and a reference to the board's petition number.

3:43

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

3:47

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

3:55

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

4:02

There are four members present today, and it requires three votes to take action on any request.

4:08

So we'll take this into consideration when hearing requests for continuance.

4:15

If your petition receives an indefy indecisive vote, your petition will be automatically continued to the April 21st hearing.

4:27

Is there anyone in the audience who's any questions about our procedures?

4:32

Before we hear special requests, I'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners.

4:45

I need a motion.

4:47

I need a second.

4:52

Yes.

4:52

Um Bohannon?

4:53

Yes.

4:54

Bland?

4:55

Yes.

4:55

Taft, yes.

4:57

We will consider special requests and continuances at this time.

5:06

Good afternoon, Pat Rooney here on behalf of Shadeland Holdings, Inc.

5:11

for 2025 MO3003 for the property at 3030 North Shadeland.

5:20

And the WTDA just sent in a continuance request yesterday.

5:28

But they weren't able to attend today.

5:31

So in essence, I'm asking for them just out of good faith.

5:37

So we are requit they requested a continuance to the Tuesday, April 21st hearing date.

5:45

Is there anyone in the audience who is against the continuance for 2025 MO3003?

5:53

Seeing none this here from staff.

5:56

Thank you, Chairperson Taft members of the board.

5:58

Staff has no objection to continuing this to the April hearing.

6:03

Staff would point out this would be the last continuance staff will support.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████77%
Procedural█████████████23%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division III Public Hearing - March 17, 2026

This public hearing of the Metropolitan Board of Zoning Appeals Division III was chaired by Joanna Taft, with members Brian Hannon, Percy Bland Jr., and Rod Bohannon present. Legal counsel was Chris Steinmetz. The board considered continuances, an expedited docket of five variance petitions, one full docket variance petition, and a resolution approving a settlement agreement in a pending judicial review case.

Consent Calendar

  • Expedited Petitions (2026-DV3-001 through -005): All five petitions were approved unanimously (4-0) without further testimony after a waiver of rules was granted. The petitions addressed:
    • 2026-DV3-001 (1759 N. Whittier Place): Detached garage expansion with reduced side setback.
    • 2026-DV3-002 (8704 U.S. 31): Commercial building and parking with reduced transitional yard.
    • 2026-DV3-003 (3171 N. Pennsylvania Street): Attached garage with reduced side and rear setbacks.
    • 2026-DV3-004 (8133 E. 96th Street): Automobile fueling station and convenience store with deficient facade transparency.
    • 2026-DV3-005 (1759 W. Morris Street): Building addition with reduced side setback.

Public Comments & Testimony

No members of the public spoke in support or opposition to any petition on the docket. Only requests for continuances were addressed, with no opposition expressed.

Discussion Items

  • Continuances:
    • 2025 MO3003 (3030 N. Shadeland): Petitioner requested continuance to April 21, 2026, citing a continuance request from the WTDA. Staff had no objection. Motion by Hannon, second by Bland, passed 4-0.
    • 2026 SC3001 (6490 Massachusetts Avenue): Registered neighborhood organization filed an automatic continuance to April 21, 2026, which was acknowledged by the board.
    • 2025 SE3003 (4555 S. Harding Street): Staff requested an additional continuance to April 21, 2026, because renderings were provided after the new information deadline. Motion by Hannon, second by Bohannon, passed 4-0.
  • Full Docket Variance (2026-DV3-006) – 2747 N. Emerson Avenue: Petitioner Justin Kingan, representing Pridgin Property Holdings LLC and Robert Haynes Company, requested a variance to allow a 6-foot chain-link fence in the required front yard (max 3.5 feet permitted). Reasons cited: three break-ins over the past 18 months resulting in tens of thousands of dollars in losses, need to prevent vehicle and pedestrian access to the site. The fence would be over 100 feet from Emerson Avenue, with a gate and landscaping. The Warren Township development association voted unanimously to support. Staff opposed, arguing that a zoning-compliant fence (3.5 feet or a 6-foot fence placed behind the building facade) could provide equivalent security, and that the proposed fence does not completely enclose the site. Petitioner rebutted that pedestrian access would remain exposed. Board members asked clarifying questions.
  • Resolution for Settlement Agreement: The board considered and approved a resolution regarding Marion County Superior Court Cause No. 49D01-2007-PL-023390, which would implement a settlement agreement in that judicial review case. Motion by Hannon, second by Bohannon, passed 4-0. The resolution was signed by the board.

Key Outcomes

  • Votes on Expedited Petitions: All five expedited petitions were granted unanimously (4-0).
  • Vote on Full Docket Variance (2026-DV3-006): The variance was granted on a 3-1 vote (Bland, Hannon, Taft in favor; Bohannon opposed).
  • Continuances Granted: 2025 MO3003 and 2025 SE3003 were continued to the April 21, 2026 hearing. 2026 SC3001 was automatically continued to that same date.
  • Resolution Approved: The settlement agreement resolution was approved unanimously (4-0) and signed by board members.
  • Next Steps: The board adjourned after signing findings of fact from a prior hearing. The next regular hearing is scheduled for April 21, 2026.

Meeting Transcript

I'm going to call the speedy to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I'm Joanna Taft, Chairperson of Division III. Other board members present are to my left, Brian, or to my right, Brian Hannon and Percy Bland Jr., and to my left, Rod Bohannon. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Brian Patz, current planning administrator, Jeff York, current planning manager, Michael Weigel, Principal Planner 1. Robert Ulan Haik, senior planner, Josh LeVec, Senior Planner, Marty Weistee, Senior Board 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 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 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. The petitioner will then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. 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 is 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 petition. 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. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping screening, the paving and parking area, and the dedication of rights away are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid. Compliance with certain with conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services. 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. The written request must be filed within five days of a board's decision and must include the person's full name and correct mailing address and a reference to the board's petition number. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of the public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. There are four members present today, and it requires three votes to take action on any request. So we'll take this into consideration when hearing requests for continuance. If your petition receives an indefy indecisive vote, your petition will be automatically continued to the April 21st hearing. Is there anyone in the audience who's any questions about our procedures? Before we hear special requests, I'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. I need a motion. I need a second. Yes. Um Bohannon? Yes. Bland? Yes. Taft, yes. We will consider special requests and continuances at this time. Good afternoon, Pat Rooney here on behalf of Shadeland Holdings, Inc.

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