Metropolitan Board of Zoning Appeals Division Three Hearing - June 16, 2026
Metropolitan Board of Zoning Appeals Division Three Hearing - June 16, 2026
The Metropolitan Board of Zoning Appeals, Division Three, held a public hearing on June 16, 2026, chaired by Joanna Taff. Board members present: Rod Bohannon, Rihanna Bender, Brian Hannon, and Percy Bland (arrived during the hearing). Legal counsel Chris Steinmetz and several planning staff members were also present. The meeting addressed procedural requests (waivers, continuances, withdrawals) and expedited petitions for variances. All motions were approved unanimously.
Special Requests, Continuances, and Withdrawals
- 2026 DV3-023 (2147-2155 N. Illinois St.): Petitioner Phil Votal (Near North Development Corp.) requested an 11-day waiver of notice due to late receipt of materials. Staff supported the waiver, and the board granted it unanimously.
- 2026 DV3-024 (210 E. Maryland St.): Petitioner Tim Oaks requested a 2-day waiver for written notice and a 4-day waiver for signage, due to staff delay. Staff did not object; the board granted the waivers unanimously.
- 2026 DV3-016A (10220 E. Washington St.): Petitioner Joe Calderon requested a continuance to July 21, 2026, without additional notice, to finalize site plans. Staff noted this was the second continuance but had no concerns. The board granted the continuance.
- 2026 DV3-017A (949 S. Illinois St.): Petitioner Mark Crouch requested moving the case to the expedited docket, having reached an agreement with the neighborhood association including 20 commitments. Staff recommended approval with conditions. The board granted the move to the expedited docket unanimously.
- 2026 UV3-009 (5 W. Eppler St.): Petitioner Jacob Bowman requested a continuance and transfer to the July 7, 2026, BZA Division One hearing, to resolve deed issues. Staff supported. The board granted the continuance and transfer unanimously.
- 2026 UV3-008 (3640 Central Ave.): Staff noted the petitioner requested withdrawal of this petition. The board acknowledged the withdrawal.
- 2026 DV3-014 (4202 Carson Ave.): Staff requested a continuance to July 21, 2026, on behalf of the homeowner, who had scheduling conflicts due to a new child. The board granted the continuance unanimously.
- 2026 DV3-021 (3919 Madison Ave.): Staff reported an automatic continuance filed by the Gateway Community Alliance, which required only board acknowledgment. The board acknowledged the continuance to July 21, 2026.
- 2026 SE3-002 (6309 S. Harding St.): Staff requested a continuance to July 21, 2026, with new notice, as the petitioner sought to change the proposed use. The board granted the continuance unanimously.
- 2026 DV3-019 (6838 Southeast St.): Staff requested a one-month continuance to July 21, 2026, to gather information about a sidewalk project affecting the variance need. The board granted the continuance unanimously.
- 2026 UV3-007 (1531 Hunter Rd.): Staff noted an automatic continuance filed by a neighborhood organization, continuing the petition to July 21, 2026. The board acknowledged.
Expedited Petitions
After handling procedural matters, the board considered five expedited petitions. All were granted unanimously with variances as described:
- 2026 DV3-017A (949 S. Illinois St.): Petitioner Mark Crouch, representing George Sturgiopolis, requested a use variance to construct a three-unit building where five units are required in a CBD-2 district. Variance granted.
- 2026 DV3-020 (multiple addresses near NW 14th-16th St. and Senate/Capitol Ave.): Petitioner Indiana University Health Inc. requested multiple variances of development standards for monument signs, freestanding signs, and incidental signs in HD1, HD2, CBDS, and TOD districts. Variance granted.
- 2026 DV3-023 (2147-2155 N. Illinois St.): Petitioner Phil Votal (Near North Development Corp.) requested variances to allow three duplex structures with reduced lot width (40-45 ft vs. 60 ft required) and encroachment into the clear sight triangle. Variance granted.
- 2026 DV3-024 (210 E. Maryland St.): Petitioner Jennifer Milliken (Capital Improvements Board of Marion County) requested variances for skyline signs and wall signs exceeding size limits in a CBD-2 district. Variance granted.
- 2026 UV3-010 (2714 N. Harding St.): Petitioner David Gilman (Devon Development Group LLC) requested a use variance to operate a small business consulting classroom and training facility in a D5 district. Variance granted.
Key Outcomes
- All motions and requests (waivers, continuances, transfers, withdrawals, and expedited petitions) were approved by unanimous votes of the board members present (Bohannon, Bender, Hannon, Bland, Taft).
- The board granted 11-day notice waiver (DV3-023), 2-day notice and 4-day sign waivers (DV3-024), and continuances to July 7 (UV3-009) and July 21, 2026 (DV3-016A, DV3-014, SE3-002, DV3-019, DV3-021, UV3-007).
- Five expedited variances were granted without opposition, each with specific conditions as noted in the record.
- The meeting adjourned after the expedited docket was completed.
Meeting Transcript
Is this a page? I don't know if you want to know if we have to be a lot of patients. I know. I talked about it. I want to talk to you. Okay. Okay. It's all going to be here. But I think it's also changed. It shouldn't be. I want to go up there. I can't remember. I think it's already just taken forward. I think it's fine. Oh, I'll have a lot of things. I think it's just a lot of like a wrong way, but we're not right now. I know. I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Three. I'm Joanna Taff, Chairperson of Division Three. Other board members present are to my left, Rod Bohannon, Rihanna Bender, to my right, Brian Hannon, and Percy Bland is on his way. Legal counselor with the board today is Chris Steinmetz. 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. 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 should 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 petitioners' 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 attempt of 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 and screening, the paving of parking area, 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 approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an approvement location permit must be obtained prior to the establishment of the authorized improvements. 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. 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 the public hearing process is prohibited.
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