Board of Zoning Appeals Division III Meeting - October 20, 2026

The Metropolitan Board of Zoning Appeals Division III met in a public hearing on October 20, 2026. Chair Joanna Taft presided, with board members Bryan Hannon, Percy Bland, Rayanna Binder, and Rod Bohannon present. The board approved prior minutes, handled continuances and withdrawals, voted on expedited petitions, and held full public hearings on three variance cases before adjourning.

Consent Calendar and Procedural Approvals

• The board unanimously approved minutes from the February 17, March 17, and September 15, 2026 meetings.
• The board unanimously adopted a waiver of its rules of procedure to allow expedited petitions to be considered without additional individual testimony.
• Staff's request for a two-day waiver of written and posted notice for 2026-DV3-040 (808 South Post Road) was granted unanimously.
• The board acknowledged the withdrawal of 2026-DV2-026 (215 Leeds Avenue) and acknowledged automatic continuances requested by a registered neighborhood organization for 2026-UV3-019 (11650 East 30th Street) and 2026-UV3-018 (5135 East 10th Street) to the November 24, 2026 hearing.

Special Requests and Continuances

• 2026-SE3-004 (1735 W. Edgewood Avenue): Petitioner's representative David Gilman requested a one-month continuance for floodplain engineering review. No opposition was voiced, staff supported the request, and the board continued the case to the November 24, 2026 hearing with new notice.
• 2026-DV3-042 (240 South Pennsylvania Street): David Kingan of the Stadium Village Business Association requested that this expedited banner-sign case be continued or transferred so his organization could meet with the petitioner. After the petitioner's representative and Mr. Kingan conferred in the hallway, the board continued the case to the November hearing.

Public Comments and Testimony

• David Kingan, representing the Stadium Village Business Association, asked for a continuance of the Boxcar banner-sign case to enable further dialogue.
• Jacob Morales, representing the Far East Side Community Council and the Transit Riders Union/Central Indiana Cycling, opposed the Panda Express variances, citing pedestrian and bicycle safety, incomplete connectivity, the complete streets policy, and adverse impacts on transit-oriented development near the Blue Line.
• Gary Blackwell, a member of the Warren Township Development Association, spoke in support of the Panda Express variances, saying the area had been starving for development and that the project was welcome.
• No remonstrators appeared in person in the Myers garage case or the Adams shipping-container case, though the board and staff noted opposition letters had been received.

Expedited Petitions Decided by Vote

• 2026-DV3-038 (4033 Bowman Avenue) - variance to permit a privacy fence encroaching into the clear sight triangle of the rear driveway and alley intersection; granted 5-0.
• 2026-DV3-039 (4909 and 4941 Knights Way) - McDonald's variance for a 40-foot pole sign (20-foot maximum) with a 0-foot setback (5 feet required); granted 5-0.
• 2026-DV3-040 (808 South Post Road) - variance for a 27-foot north side setback (30 feet required); granted 5-0 after the notice waiver.
• 2026-DV3-041 amended (370, 430, and 450 South Franklin Road) - M&K Warehouse Services variance for a 30-foot-tall building addition (22-foot maximum), a 62-foot front transitional setback from Franklin Road (100 feet required), and a 3-foot front transitional setback from English Avenue (100 feet required); granted 5-0.
• 2026-DV3-043 (2370 North Shadeland Avenue) - Indiana Retail Stores variance for a pylon sign with 65-foot separation from the nearest primary freestanding sign (300 feet required); granted 5-0.

Discussion Items

2026-DV3-027 - 1633 East Thompson Road (Justin Myers)

• The petitioner requested a variance to legally establish a detached garage within the established front yard setback; the separate driveway-width issue had been brought into compliance.
• Staff recommended denial, noting an existing 16-by-23-foot garage built in 1950, a new garage encroaching up to about 40 feet into the front yard setback, and the availability of an alternative to expand the existing nonconforming garage without a variance.
• Myers said he could not afford the alternative and argued the temporary garage had not caused problems.
• The board granted the variance 5-0 with a commitment that no further encroachments into the front yard or front yard setback be permitted.

2026-DV3-031 - 10401 East Washington Street (Washington Market Realty, LLC / Panda Express)

• The petitioner requested variances for a proposed Panda Express restaurant: a 3-foot west side transitional yard (20 feet required) and a 29% front building line (40% required in buffer/suburban frontage). The restaurant would be about 2,700 square feet with 58 seats and roughly 30 employees.
• Petitioner's representatives cited an approximately $3.5-$4 million investment on a long-vacant site, support from Councilor Michael Hart and the Warren Township Development Association, and a similar Dunkin' Donuts variance approved by the board in 2022. Staff supported the variances.
• Remonstrator Jacob Morales asked the board to deny the variances, arguing the site design forced pedestrians and cyclists into conflict with drive-through traffic, lacked safe connections to adjacent development, and did not advance the corridor's transit-oriented development goals.
• The board granted the variances 3-2, with Joanna Taft, Rayanna Binder, and Bryan Hannon voting yes, and Rod Bohannon and Percy Bland voting no.

2026-DV3-037 - 3080 East Midland Road (Mark Adams)

• The petitioner requested a variance of use to permit a shipping container as a permanent detached accessory structure (portable storage containers are normally limited to 30 consecutive days) and a variance of development standards to place it in the front yard.
• The petitioner argued the rear yard was constrained by underground utilities, a well, gas and telecom lines, grade changes, and an active fire-pit/outdoor living area, and that the container was about 75 feet from the right-of-way and could be screened.
• Staff recommended denial, noting there was already a shed on the property, no recorded easements, no limit on the number of accessory structures, a possible fire-pit location, and that the front yard was roughly 47% of the property. Staff also noted a prior petition for the same property had been denied in 2025.
• The board granted the variances 4-1, with Rod Bohannon, Joanna Taft, Bryan Hannon, and Percy Bland voting yes, and Rayanna Binder voting no. The approval included commitments to maintain and screen the container with approved plant material, submit a landscaping plan, and add a roof to reduce the commercial appearance.

Key Outcomes

• The board granted 8 variance petitions and continued one expedited petition. All granted variances are subject to the commitments stated during the hearing and to standard compliance and permitting requirements, including an affidavit of compliance within 30 days of completion.
• 2026-DV3-042 was continued to the November hearing rather than decided on the expedited docket.
• 2026-DV2-026 was withdrawn. 2026-SE3-004, 2026-UV3-018, and 2026-UV3-019 were continued to the November 24, 2026 hearing.
• There being no further business, the board adjourned.