Metropolitan Board of Zoning Appeals Division III Meeting - May 26, 2026
Metropolitan Board of Zoning Appeals Division III Meeting Summary - May 26, 2026
The Metropolitan Board of Zoning Appeals, Division III, held a public hearing on May 26, 2026, at 6:15 PM. Chairperson Joanna Taft presided with members Rihanna Bender, Rod Bohannon, Brian Hannon, and Percy Bland. Legal counsel Chris Steinmetz and staff from the Division of Planning were present. The board considered continuances, seven expedited petitions, and two full-docket cases.
Consent Calendar
- Approval of Minutes: The board unanimously approved the minutes from the April 21, 2026 meeting.
- Waiver of Rules: A motion to waive procedural rules to allow a single vote on all expedited petitions (without individual testimony) passed unanimously.
Continuances & Special Requests
- 2026-DV-3016A (10220 East Washington Street): Petitioner requested a continuance to June 16, 2026, to allow further plan review. Staff supported. Board granted (5-0). (Part B remained on expedited docket.)
- 2026-DV-3013 (4202 Southeast Street): Petitioner requested a four-day waiver of notice due to a city email discrepancy. Staff supported. Board granted (5-0).
- 2026-DV-3017 (Stadium Village area): Remonstrator requested continuance to June 16, 2026, claiming insufficient notice and desire for discussion. Petitioner objected. Staff recommended continuance. Board granted (5-0).
- 2026-DV-3015 (4202 Double Drive): Petitioner requested continuance to July 21, 2026, due to attorney scheduling conflict (attorney had a hearing in Kokomo and a conflict on June 16). Staff recommended two-month continuance. Board granted (5-0).
- 2026-DV-3011 (3603 South Meridian Street): Petitioner requested continuance to July 21, 2026, to meet with neighborhood association and explore alternatives for a fence encroachment. Staff supported. Board granted (5-0).
- 2026-SE-3002 (case number 17): Petitioner requested continuance to June 16, 2026, to address staff comments. Staff did not object. Board granted (5-0).
- 2025-MO3-003 (3030 North Shadeland Avenue): Petitioner requested move to expedited docket and approval of updated commitments (removing gas station exclusion from prior commitments). Warren Township Development Association switched to support. Staff made no recommendation on commitments but had no objection to expedited. Board granted (5-0).
- 2026-DV-3009 (611 and 6215 Lake Haven): Petitioner requested continuance to July 21, 2026, to finalize landscape plans. Staff supported. Board granted (5-0).
- 2026-UV-3006 (4240 Bluff Road): Petitioner withdrew the petition because a companion rezoning/variance was filed before the hearing examiner. Board acknowledged withdrawal.
- 2026-DV-3014 (4202 Carson Avenue): Staff requested continuance to June 16, 2026, on behalf of petitioner who had a scheduling conflict. Board granted (5-0).
Expedited Docket
Seven petitions were placed on the expedited docket. No opposition was voiced. The board voted unanimously (5-0) to grant each variance or modification:
- 2025-MO3-002 (2719 North Emerson Avenue): Modification to allow outdoor storage and operations (removing prior restrictions).
- 2025-MO3-003 (3030 North Shadeland Avenue): Modification of commitments to allow a retail gas station and convenience store.
- 2026-SE3-003 (8420 Masters Road): Special exception for a critter/pest removal contractor.
- 2026-DV3-013 (4202 Southeast Street): Variance for a pole sign height of 23.5 feet (max 20), third pole sign, and five freestanding signs.
- 2026-DV3-016B (10220 East Washington Street): Variance to allow a monument sign within 250 feet of another freestanding sign (300 feet required).
- 2026-DV3-018 (5351 Hawthorne Drive): Variance for a detached garage with a zero-foot south side setback (7 feet required).
- 2026-UV3-003 (3305 North Arlington Avenue): Use variance to permit a 120-square-foot expansion of a residential use in a commercial district.
Discussion Items
Case 2026-SE3-001 (amended) – Commercial Parking Lot at 6490 Massachusetts Avenue
- Petitioner (Alex Intermill representing WEB Property Group): Sought a special exception for a commercial parking lot (under 2 acres) for tractor-trailers and box trucks, citing market demand and less intensity than existing concrete operations. Argued the area is highly industrial/commercial and the use would reduce illegal on-street parking.
- Remonstrators (Ron Phillips, Warren Township Development President; Kurt Water, adjacent resident): Opposed, citing noise (over 80 dB), pollution, early morning truck activity (5:00 AM), safety concerns on two-lane Massachusetts Avenue, and negative impact on residential quality of life. Provided video evidence of pre-6 AM activity.
- Staff: Recommended denial, stating the comprehensive plan designates the area as suburban neighborhood, 18 residences remain nearby, the parking lot would intensify industrial use, control of third-party trucks is difficult, and the use would displace higher-value I-2 uses. The existing concrete operation already negatively impacts neighbors; adding parking would worsen that.
- Board Vote: All five members voted no. The variance was denied.
Case 2026-DV3-010 – Accessory Structure Variance at 102 John Quill Drive
- Petitioner (Daniel Russello for Kenneth & Josephine Busald): Requested variances for a 40-year-old shed that encroaches 1 foot into a utility easement and has a 3-foot side setback (6 feet required). No neighbor opposition. The petitioners argued no harm, no utility interference, and that a consent-to-encroachment would indemnify the city if future access is needed. Moving the shed would be costly and disruptive for an elderly couple.
- Remonstrators: None.
- Staff: Recommended denial, stating the structure has been noncompliant since 1986, relocation is possible because it is not on a permanent foundation, and approval could encourage similar violations. The shed’s location in the easement could complicate utility access.
- Board Vote: All five members voted yes. The variance was granted.
Key Outcomes
- Continuances Granted: 2026-DV3016A (to June 16), 2026-DV3017 (to June 16), 2026-DV3015 (to July 21), 2026-DV3011 (to July 21), 2026-SE3002 (to June 16), 2026-DV3009 (to July 21), 2026-DV3014 (to June 16).
- Expedited Petitions Granted (7 cases): All approved unanimously.
- Full Docket Case Denied: 2026-SE3-001 (commercial parking lot) – 5-0.
- Full Docket Case Granted: 2026-DV3-010 (accessory structure variances) – 5-0.
- Withdrawal: 2026-UV-3006 withdrawn.
- Move to Expedited Docket: 2025-MO3-003 moved to expedited and approved.
- Next Meeting Date: Several cases continued to June 16, 2026, or July 21, 2026.
Meeting Transcript
I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I'm Joanna Taft, Chairperson of Division III. The other board members present today are to my left, Rihanna Bender, and Rod Bohannon, and to my right, Brian Hannon and Percy Bland. 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, Matthew or Michael Weigel, Principal Planner 1, Adrian Baker, Principal Planner 1, Robert Eulin Haik, Senior Planner, Josh LeVec, Senior Planner, Marty Weistie, 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 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. 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 administrators' 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 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 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 of 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 conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 13 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 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. 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 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. Board members, you've been provided meeting minutes for our April 21st, 2026 meeting. If there are no deletions or additions, I'll take a motion for their approval. Bohannon so approved. Hannon second. Okay, I will now pull the board. Bender. Yes. Bohannon. Yes. Hannon. Yes. Bland. Yes. Tapped. Yes. Is there anyone in the audience who has any questions about our procedure?
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