1:33 I don't know if you want to know if we have to be a lot of patients.
1:53 I want to talk to you.
2:12 It's all going to be here.
2:15 But I think it's also changed.
2:24 I want to go up there.
2:34 I think it's already just taken forward.
3:18 Oh, I'll have a lot of things.
3:26 I think it's just a lot of like a wrong way, but we're not right now.
4:22 I'm going to call this meeting to order.
4:25 This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Three.
4:29 I'm Joanna Taff, Chairperson of Division Three.
4:32 Other board members present are to my left, Rod Bohannon, Rihanna Bender, to my right, Brian Hannon, and Percy Bland is on his way.
4:43 Legal counselor with the board today is Chris Steinmetz.
4:46 Staff members present today from the division of planning are Noah Pappas, current planning manager, Jeff York, current planning manager, Michael Weigel, Principal Planner 1, Adrian Baker, Principal Planner 1, Robert Ulenhaik, Senior Planner, Josh Levec, Senior Planner, Marty Weistee, Senior Board Specialist and Secretary to the Board.
5:12 The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today.
5:18 The proceedings of this hearing are governed by the board's rules of procedure.
5:22 The expedited cases will be heard immediately after all requests for continuances or withdrawals.
5:28 As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand.
5:34 Those who intend to testify will please remain standing and be sworn.
5:38 Petitioners should be on your left and remonstrators on your right as you face the board.
5:43 Those who testify will state their name and address for the record before beginning to testify.
5:48 Petitioners and persons appearing in support of the case being heard should have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition.
5:58 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.
6:08 Staff will then present the administrators' comments regarding the petition.
6:12 The petitioner will then be allowed five minutes for rebuttal and a summation of the case.
6:16 Rebuttal must be limited to the subject matter of the initial presentations.
6:20 Remonstrators will then be allowed five minutes for rebuttal of the petitioners' rebuttal evidence and a brief closing statement.
6:27 No further evidence, statements, or arguments will be heard unless is at the discretion of the board.
6:32 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.
6:40 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.
6:52 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 attempt of attention at the beginning of the hearing.
7:04 The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.
7:10 The installation of landscaping and screening, the paving of parking area, the dedication of rights away are examples.
7:17 These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.
7:25 Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion.
7:32 Unless otherwise specified, an approvement location permit must be obtained prior to the establishment of the authorized improvements.
7:40 Failure to comply with any conditions or commitments of the authorized of the variance grant is a violation enforceable by the Department of Business and Neighborhood Services.
7:49 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.
7:56 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.
8:05 Forms are available and may be obtained from the board secretary.
8:09 Please be advised that contacting members of the board regarding a matter pending before the board outside of the public hearing process is prohibited.
8:18 Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off.
8:31 Is there anyone in the audience who has any questions about our procedure?
8:36 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.
8:52 I'll pull the board.
9:00 I will now uh consider special requests and continuances at this time.
9:13 Hello, Madam Chair and and board of Zoning Appeals.
9:18 I am Phil Votal, and I work with Near North Development Corporation, whose corporate office is at 1630 North Meridian Street, suite 175, Indianapolis, Indiana, 46202.
9:29 And we're requesting a waiver of the uh time needed because when we received our uh notice from the city, it was already passed the the time that was supposed to be taken out.
9:43 Which which is your uh case number?
9:45 Oh sorry, it is um 2026-dv3-023.
9:57 Okay, is there anyone in the audience who's against the waiver for 2026 DB3023?
10:04 Let's hear from staff.
10:06 So your chairperson taft members of the board.
10:08 Uh the the notices were provided at a later date, so yes, staff does support the request for the waiver of notice.
10:14 Okay, I need a motion.
10:18 How many days is the waiver?
10:22 We need to establish how many days just to make sure we're not going over state statute.
10:29 Could you clarify how many days the waiver is?
10:34 Um, I don't know if I can't do staff know.
10:40 Do you have a notice?
10:41 I will check that just one moment on my apologies.
10:49 If you have the day that you posted the signs and then the day you receive the notice, I know I was able to do the uh affidavit on uh June the fifth, it was the earliest I could get to the notary public on that, but I don't I'm not sure what the original time was.
11:37 Robert, are you able to tell us what the deficient amount was of time?
11:57 Do we want to um move ahead with the next case and come back to this after we get that information?
12:05 If you could, yes, please.
12:08 Um I should have this resolved and within the table that do I need to vote to the okay.
12:15 Um so we'll come back to you in a in a minute.
12:19 Okay, let's go ahead with the next case.
12:24 Chair members of the board for the record, Tim Oaks, Attorney Ismiller with offices at one American Square Suite 2900, Indianapolis, Indiana, uh, 46282-0200 here with respect to item number eight on your agenda, 2026 DB3024 at 210 East Maryland Street.
12:42 Um I'm requesting a waiver of the notice requirements.
12:47 Um the we received the uh notice and signs late.
12:52 Um they were scheduled for to be done by the 23rd.
12:56 The notices were mailed on the 25th, and the sign was posted on May 27th.
13:03 So what is do the math for me?
13:05 Two days and four days.
13:07 Okay, so two-day waiver for the notice and four-day waiver for the sign.
13:12 Okay, let's uh is there anybody in the audience who's against uh are providing a waiver for the sign and the um and the notice for 2026 DV3024.
13:24 Let's hear from staff.
13:25 Uh thank you, Chairperson.
13:26 Staff members of the board uh given that the primary reason this waiver is required with staff's own delay in provision of notice materials.
13:33 Uh, we wouldn't object to the requested waiver.
13:36 I'd done the two-day written notice and four-day signage calculation already, but thank you to Mr.
13:40 Oaks for beating me to the bunch there.
13:42 We have no objection.
13:49 I'm gonna pull the board.
13:52 Bender, yes, Hannon.
13:56 2026 DV3024 has received a two-day waiver for the notice and a four-day waiver for the sign.
14:11 Good afternoon, Chairperson Taft, members of the board, Joe Calderon, 11 South Meridian, Indianapolis.
14:17 I call your attention to uh 2026 D V 3016.
14:24 That's 10220 East Washington Street.
14:27 I think it's already in the continued portion of your docket.
14:31 Um, I would like to request a continuance to your July 21st uh meeting without additional notice.
14:40 Uh we are working with staff on some site plan uh issues.
14:44 Uh we've already been to Warren Township Development Association and and all of that.
14:49 We have no remonstrance, so this is just to give us time to kind of get the set uh site plan settled.
14:56 Is there anyone in the audience who is against the continuance of 2026 DV3016?
15:03 Seeing none, let's hear from staff.
15:05 Yes, thank you, Chairman Taft and members of the board.
15:08 Uh staff will also note just for the record that this would be 2026 DB3016.
15:14 A this was split previously.
15:18 Um staff has no concerns about a continuance.
15:22 We did just receive the site plan and are going to review that.
15:26 Um we will note this is the second continuance, um, and and so we're hoping to get this resolved uh with this one uh at this time.
15:36 So I need a motion.
15:41 I'm gonna pull the board.
15:44 Bender, yes, Hannon.
15:46 Yes, bland, yes, Taft, yes.
15:48 2026 DV3016A has been continued to our July 26 hearing without notice.
15:57 21st hearing without notice.
16:01 Good afternoon, Chairman Staff, members of the board.
16:04 My name is Mark Crouch, 124 East Pleasant Run Parkway.
16:08 If I could draw your attention to 2026 D V 3017, uh we have met with the neighborhood association, they give us a list of commitments which we've been submitted to staff, and we agree with those commitments.
16:23 I believe they have a member here today that could speak on their behalf, but uh we would like to ask that be uh moved to the expedited petition today.
16:32 Okay, is there anyone in the audience who's against moving 2026 DB 3017A?
16:43 In case it's an A to the expedited docket.
16:48 Let's hear from staff.
16:49 Uh thank you, Chairperson.
16:51 Staff members of the board.
16:52 Uh, we did receive from the petitioner late last night a letter of support from the Stadium Village Business Association.
16:59 Um that letter of support was contingent upon 20 commitments that the neighborhood group had provided.
17:04 Um, our staff recommends approval of the petition in its original form.
17:07 We would have no objection to the inclusion of those commitments.
17:10 So um if it were to be moved expedited on the condition of those commitments being in place, we would not be opposed.
17:16 Okay, so um we need a motion.
17:25 I'm gonna pull the board.
17:28 Bender, yes, Hannon, yes, bland, yes.
17:33 2026 DB3017 amended, has been moved or expedited.
17:50 Afternoon, members of the BZA, Jacob Bowman with Williams Barrett and Wolkaske, 600 North Emerson Avenue.
17:56 Uh calling your attention to 2026 UV 3009 property located at 5 West Eppler.
18:04 Um requesting a uh continuance to continuance and transfer to the July 7th BZA 1 hearing.
18:11 Uh staff uh last spoke with them agrees to the continuance, um, just needs some additional time to work out uh an issue with the deed.
18:22 Is there anyone in the audience who is against the continuation and transfer of 2026 UV 3009 to the um July 7th BCA1 hearing?
18:33 Uh let's hear from staff.
18:37 Thank you again, Chairman Taft, members of the board.
18:39 Uh we do support this uh uh continuance and transfer.
18:47 Uh we did need a little extra time just to get some documentation in order for uh deeds, commitments, legal descriptions, and this uh now that we have that information that'll give us enough time uh to get this on to the docket there for your uh July 7th.
19:05 So I need a motion.
19:12 I'm gonna pull the board, Bohannon.
19:13 Bohannon, yes, bender, yes, Hannon, yes, bland, yes, Taft, yes, 2020 six, um UV three zero zero nine has been continued and transferred to the July 7th hearing.
19:39 All right, according to Mr.
19:42 Eulin Hake, we are to request an 11-day waiver notice.
19:49 How are we doing with the statutory requirements for that?
19:56 What'd you say 11 days?
19:59 I believe is um still 12.
20:03 Still understanding.
20:06 All right, so unless staff wants to say anything else, I'm gonna look for a motion.
20:12 I'm gonna look for I'm gonna look for a second.
20:14 I'm gonna pull the board.
20:17 Bender, yes, Hannon, yes.
20:21 2026 D V three zero one seven amended, has been um moved to our expedited document.
20:29 Uh I believe that was zero two three.
20:32 I circle, sorry, I circled the uh zero two three has not amended, has that it's not amended, has been moved to our expedited.
20:43 Uh the vote was to grant the 11-day uh waiver.
20:49 There's no amendment.
20:52 Okay, we're gonna try this again.
20:54 Um 2020 this is 2026 DV3023.
20:59 Yes, yes, and we're approving the waiver at 11 day waiver.
21:04 And so we have voted to approve that 11-day waiver.
21:19 Chair Purchase Taft members of the board, staff will draw your attention to the first item, petition number 2026 UV 3008, located at 3640 Central Avenue.
21:30 Petitioner has requested that this petition be withdrawn.
21:33 This would just require your acknowledgement.
21:36 It is acknowledged.
21:39 Uh thank you, Tipperson Taft, members of the board.
21:42 Uh staff would draw your attention to item number one on the docket.
21:45 This would be 2026 DV3014 at 4202 Carson Avenue.
21:51 Staff is requesting a continuance to July 21st on behalf of the petitioner.
21:55 Um my understanding is that legal notice has not yet been sent for this case.
22:00 Uh the petitioner is the homeowner and uh recently had um Kate Brift in her first child.
22:05 So they've had some scheduling conflicts that have come up as a part of that.
22:08 Um staff is sympathetic, but we know that this is the second overall continuance requested, and we're hopeful that the case can proceed in July.
22:15 Just would require a vote from the board requested on their behalf.
22:18 I don't believe they're here today.
22:19 Okay, is there anyone in the audience who's against continuing 2026 DV3014 to the July 21st hearing?
22:29 Okay, a date of motion.
22:34 Um I will pull the board, Bohannon.
22:37 Bender, yes, Hannon, yes, bland, bland, yes.
22:41 2026 D V three zero one four has been continued to our July 201st hearing.
22:49 Uh staff would also draw your attention to item number six on the agenda.
22:53 That is 2026 DV3021 at 3919 Madison Avenue.
22:59 A timely automatic continuance request was filed just before the Thursday afternoon deadline by the Gateway Community Alliance, which is a registered neighborhood organization.
23:09 For that reason, this petition uh has been automatic need to be automatically continued to your July 21st hearing date, and this would merely require the board's acknowledgement.
23:17 It is acknowledged.
23:19 Uh staff would draw your attention as well to item number 10 on the agenda.
23:25 Uh 2026 SE 3002 at 6309 South Harding Street.
23:31 The petitioner indicated to us that they are seeking to amend this request in a way that would change the proposed use of the site.
23:39 This would result in the removal of some of the requests, but also would result in the need for new notice since a new use would be proposed.
23:46 So my understanding that they're not here this afternoon, staff is requesting that one-month continuance on their behalf with new notice.
23:54 And that's I'm sorry, one month to July 21st.
23:57 Okay, is there anybody in the audience who's against the continuance of 2026 SE 3002?
24:02 Okay, I need a motion.
24:06 I'm gonna pull the board.
24:12 2026 SE3002 has been continued to our July 21st hearing.
24:18 And uh staff would additionally draw your attention to 2026 DV3019 amended at 6838 Southeast Street.
24:27 This is item number 12 on your docket.
24:30 Um our staff is requesting a one month continuance to allow time for us to gather additional information about the status of a sidewalk project along the western frontage of the property, which might impact both the need for and staff's approach to a variance related to sidewalks along that frontage.
24:46 We are in process of communicating with um in dot about this, would be the first continuance request, and we're hopeful to have that information in place by July the 21st.
24:56 Is there anyone in the audience who's against the continuation of 2026 DB three zero one nine?
25:02 Um I need a motion.
25:07 I'm gonna pull the board.
25:09 Bender, yes, Hannon.
25:11 Yes, land, boy, yes, Taft, yes.
25:13 2026 DB3019 has been continued to our July 21st hearing.
25:22 Thank you, Chairman Taft, members of the board.
25:24 Uh staff would draw your attention to item number three.
25:27 This is 2026 UV 3007 at 1531 Hunter Road.
25:34 A um automatic continuance has been filed by a neighborhood organization.
25:41 This would continue the petition to uh July 21st, and that does just require the board's acknowledgement.
25:48 It is acknowledged.
25:49 Uh and then on item number five.
25:53 This is for 2026 DB3020.
25:57 Staff did just want to bring to your attention that while the agenda, the legal notice, all of that does accurately uh note uh TV three zero two zero.
26:09 Uh the staff report erroneously listed it as TB 3011.
26:15 Having discussed this with our uh our manager, given that all the notice requirements were met.
26:21 Um, we do believe this would just uh be something to bring your to your attention and to have you acknowledge.
26:30 I'm sorry, the staff report says 011.
26:33 Yes, uh the staff report is listed as 2026 DB 3011.
26:38 Um all other addresses okay.
26:41 This is for uh 2026.
26:43 No, I mean the number of the agenda.
26:45 No, the number on the agenda is number five.
26:47 Okay, all right, so that's just for our information.
26:53 Yes, is there any other matter or should we proceed with the uh the expedited docket?
27:17 Let's proceed with the expedited document.
27:28 These are petitions to be these are petitions to be expedited.
27:33 Case number two zero two six uh-sE3, no, excuse me, dash D V three-017 amended property address 949 South Illinois Street.
27:46 Center Township, Council District Number 18, zoned C B D 2RC.
27:51 The petitioner is George Sturgiopolis, represented by Mark and Kim Crouch, requesting variants of use of the consolidated zoning and subdivision ordinance to provide for the construction of a three unit building, minimum five units required.
28:04 Case number two zero two six-dv three-020 property addresses at 136 and 13 and 333 West 14th Street, 120 West 15th Street, 144 155, 269, and 355 West 16th Street, 1801 North Senate Boulevard, and 1420 and 1609 North Capitol Avenue.
28:29 Center Township Council District Number 12, zoned HD2, TODRCW5, CBDS T O D R C, and HD1 T O D.
28:41 The petitioner is Indiana University Health Incorporated, represented by Fagry Drinker, Biddle and Wreath LLP, requesting variants of development standards to allow for monument signs to exceed the maximum permitted sign area in the HD1 district, exceed the maximum permitted height in the HD1 district, exceed the maximum permitted sign area in the CBDS district, exceed the maximum permitted height in the CBDS district, and be placed within the required setback area of the CBDS district.
29:11 Uh also requests variants of development standards to allow for freestanding signs within the HD1, HD2, and CBDS districts to encroach into the right of way, and for variants and a variance of development standards to allow for incidental signs to exceed the maximum permitted sign area in the HD2 district, be placed within the required setback area of in the HD2 district, exceed the maximum permitted sign area in the CBDS district, be placed within the required setback area in the CBDS district, and contain digital displays within the CBDS district.
29:47 Case number 2026-DV3-023 property address 2147-2151 and 2155 North Illinois Street, Center Township, Council District number 12, zoned D8 RC TOD WF5.
30:04 The petitioner is near North Development Corp, represented by Phil Votal, requesting variants of development standards of the consolidated zoning and subdivision ordinance to provide for construction of three duplex structures, each with a lot width of 40 to 45 feet, 60 foot lot width required, and with the 2147 duplex encroaching within the clear sight triangle of abutting streets.
30:28 Case number 2026-DV3-024, property address 210 East Maryland Street, Center Township, Council District number 18, zoned C B D 2 RC T O D.
30:44 The petitioner is Capital Improvements Board of Managers of Marion County, represented by Jennifer Milliken, requesting variants of development standards of the consolidated zoning and subdivision ordinance to allow for a two skyline to allow for two skyline signs on a building elevation facing Delaware Street, maximum one skyline sign per elevation, with a skyline sign area of 823 square feet, maximum 741 square feet permitted, and for a skyline sign and wall sign on a building facade facing a private service road permitted only on elevations facing streets with a skyline sign area of 805 square feet, maximum 775 square feet permitted.
31:25 And case number 2026-UV3-010 property address two seven one four North Harding Street, Center Township, Council District number 12, zoned D five.
31:37 The petitioner is Devon Development Group LLC, represented by David Gilman, requesting variants of use of the consolidated zoning and subdivision ordinance to provide for the operation of a small business consulting classroom and a training facility per plans filed.
31:52 Is there anyone in attendance today that is in opposition to any of the petitions I've just read?
31:58 Chairperson Taft, that's the end of the expedited docket.
32:01 Board members who may now vote.
34:37 That variance is granted.
34:40 On case two zero two six-dV three- zero two three, Rod Bohannon votes yes.
34:47 Rihanna Binder votes yes, Joanna Taft votes yes, Brian Hannon votes yes, and Percy Bland votes yes.
34:53 That variance is granted.
34:54 On case two zero two six dash DV three dash zero two four, Rod Bohannan votes yes.
35:00 Rihanna Bender votes yes, Joanna Taft votes yes, Brian Hannon votes yes, and Percy Bland votes yes.
35:06 That variance is granted.
35:08 And on case two zero two six-UV three-zero one zero.
35:14 Rod Bohannan votes yes, Rihanna Binder votes yes, Joanna Taft votes yes, Brian Hannon votes yes, and Percy Bland votes yes.
35:21 That variance is granted.
35:26 Is there any other matter to come before the board?
35:37 We have some findings.
35:39 Then we're now adjourned.