METROPOLITAN BOARD OF ZONING APPEALS DIVISION THREE INDIANAPOLIS-MARION COUNTY, INDIANA. March 16, 2010

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1 METROPOLITAN BOARD OF ZONING APPEALS DIVISION THREE INDIANAPOLIS-MARION COUNTY, INDIANA March 16, 2010 Notice is hereby given that the Metropolitan Board of Zoning Appeals of Marion County will hold public hearings on Tues., March 16, 2010, beginning at 1:00 P.M. in the Public Assembly Room, City-County Bldg., 200 E. Washington St., Indianapolis on the following petitions: CONTINUED PETITION: 2009-MO DV DV & East 17 th Street, East 18 th Street and North Sheldon Street (Approximate Addresses) Council District 9, Zoned D-8 C & M Trucking and Excavating Inc. by Stephen D. Mears, requests a Modification of four conditions of Variance 2001-UV3-015 as follows: a) Modify Condition One (1) to permit development consisting of a 24 by 32-foot office customer service addition to an existing 4,041-square foot steel building and to provide for three 120-square foot storage sheds and one 80-square foot storage shed, as depicted on the plan submitted to the file, b) Modify Condition Two (2) to permit 15 commercial vehicles to be stored instead of six vehicles, c) Modify Condition Five (5) to specify that the parking lot at East 18 th Street, at the northeast corner of 17 th and Sheldon Street, be paved, as depicted on the plan on file, instead of requiring any parking area be paved, and d) Modify Condition Six (6) to permit equipment/vehicle storage in the area west of the existing building at East 17th Street and in the area north of the existing building at East 18 th Street, instead of the area west of the dog run North Routiers Avenue (Approximate Address) Council District 17, Zoned D-5 William Hasty requests a Variance of development standards of the Dwelling Districts Zoning Ordinance to legally establish a dwelling and attached garage, with a two-foot south side setback (four-foot south side setback required) East 21 st Street (Approximate Address) 1

2 2009-UV DV UV3-001 Council District 18, Zoned C-4 Admiral Petroleum Company, by Donald W. Fisher, requests a Variance of Development Standards of the Commercial Zoning Ordinance and the Sign Regulations to: a) provide for the construction of a canopy, including canopy signs, with a 60-foot setback from the centerline of 21 st Street (70-foot front setback from the centerline required along 21 st Street), b) legally establish three existing sheds totaling 263 square feet, or 60.5 percent of the gross floor area of the primary building (total floor area of accessory structures not to exceed 25 percent of the floor area of the primary building), and c) legally establish a foot tall freestanding identification sign, with a 0.25-foot setback from the existing right-of-way of 21 st Street (minimum fifteen-foot front setback required), and with a 0.5-foot east side setback (minimum five-foot side setback required) N. Arlington Avenue (Approximate Address) Council District 17, Zoned C-4 Artistic Skin Design and Dynamics by Thomas Michael Quinn, requests a Variance of use of the Commercial Zoning Ordinance to legally establish a tattoo parlor within zero feet of a protected district without the grant of a special exception (not permitted without the grant of special exception, required to be 500 feet from a protected district) 3831 South Ewing Street (Approximate Address) Indianapolis, Perry Township Council District 20, Zoned D-5 Joanie Ortman requests a Variance of development standards of the Dwelling Districts Zoning Ordinance to legally establish: a) accessory building area of 2,176 square feet or 102.6% of the main floor area of the primary dwelling (maximum 1,590 square feet or 75% of the main floor area permitted), b) accessory use area of 5,045 square feet or 238% of the total floor area of the primary dwelling (maximum 2,119 square feet or 99.9% of the total floor area of the primary dwelling permitted), and c) an 18.5-foot tall accessory structure, the height of which exceeds that of the 17.6-foot tall primary structure (accessory structure height must be less than that of the primary structure) Caroline Avenue (Approximate Address) Indianapolis, Washington Township Council District 9, Zoned D-7 (W-5) Terry Young requests a Variance of use of the Dwelling Districts Zoning Ordinance to legally establish a two-family dwelling (two-family 2

3 dwellings not permitted) and the conversion of a 356-square foot accessory building into a single-family dwelling unit (single-family dwelling units not permitted) NEW PETITIONS: 2010-DV DV DV DV Rockville Road (Approximate Address) Indianapolis, Wayne Township Council District 14, Zoned C-5 Kocot Realty, by David Gilman, requests a Variance of development standards of the Commercial Zoning Ordinance to provide for an automobile sales lot, with a zero-foot front setback, without landscaping (10-foot front setback required) and with a parking lot, with three parking spaces, with deficient maneuvering area (off-street maneuvering area required) Graham Road (Approximate Address) Indianapolis, Lawrence Township Council District 5, Zoned D-2 Jerry Pearson, by Cary Harnett, requests a Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for a 576-square foot accessory structure in front of the established building line of the primary dwelling (accessory structures required to be located behind the established building line of the primary dwelling) North Irvington Avenue (Approximate Address) Indianapolis, Washington Township Council District 4, Zoned D-2 Donald Hughes, by Thomas Michael Quinn, requests a Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for an accessory building that encroaches 2.5 feet into a tenfoot rear drainage and utility easement (structures not permitted within easements) East 75 th Street (Approximate Address) Indianapolis, Lawrence Township Council District 11, Zoned SU-2 Heritage Christian School, by William R. Moldenhauer, requests a Variance of development standards of the Sign Regulations to provide for: a) a 10-foot tall, square foot free-standing sign, with a 12-foot front setback from the existing right-of-way of 75 th Street (15-foot front setback required), b) and a 10-foot tall, sq.ft. free-standing sign with a zero-foot front setback from the existing right-of-way of 75 th Street (15-foot front setback required), and within the clear sight triangle of the site s driveway and 75 th Street (structures can not be within the clear sight triangle), 3

4 2010-DV UV UV UV3-006 c) with a 23-foot sign separation (minimum 300-foot separation required) & 2425 East 38 th Street (Approximate Addresses) Council District 10, Zoned C-4 (W-5) McDonald s Real Estate Company, by Zeff Weiss, requests a Variance of Development Standards of the Commercial Zoning Ordinance to provide for the redevelopment of a fast-food restaurant, with: a) a minimum six-foot landscape strip along 38 th Street (minimum tenfoot landscape strip required), b) pick-up and pay windows and an incidental sign on a bollard, all located 57 feet from the protected district to the south, a menu board located 92 feet from the protected district to the south, and a customer order display located 96 feet from the protected district to the south (minimum 100-foot separation required between drivethrough components and a side/rear property line abutting a protected district), c) 72 customer seats and a maximum of 15 employees with 34 offstreet parking spaces (39 parking spaces required; one per employee and one per three customer seats), and d) to legally establish one parking space with a four-foot front setback from Tacoma Avenue (minimum ten-foot front landscaped yard required). Variance of Development Standards of the Sign Regulations to provide for two, 3.29-foot tall, four-square foot directional signs (maximum height of directional signs is 2.5 feet) North Capitol Avenue (Approximate Address) Council District 15, Zoned I-3-U (RC) (W-5) Tubas LLC, by Brandi Foster, requests a Variance of use of the Industrial Zoning Ordinance to provide for live entertainment (not permitted) in an existing bar 6801 East 38 th Street (Approximate Address) Council District 17, Zoned C-4 Diamond Auto Sales, by David Gilman, requests a Variance of use of the Commercial Zoning Ordinance to provide for automobile sales (not permitted) North Pennsylvania Street (Approximate Address) Council District 9, Zoned D-9 Joel O Neil, by Bob Abbott, requests a Variance of use and development standards of the Dwelling Districts Zoning Ordinance to 4

5 provide for the construction of a 27.5-foot tall (maximum 25-foot height permitted), 2,400-square foot accessory building, a) containing a second dwelling unit (single-family dwelling units not permitted), b) creating an accessory building area of 2,400 square feet or 189% of the main floor area of the primary building (75% of the main floor area of the primary building or square feet permitted), c) providing for 3,037 square feet of accessory use area or 129% of the total floor area of the primary building (99.9% of the total floor area of the primary building or 2,352 square feet permitted), and d) with a rear setback of seven feet (20-foot perimeter yard required). Copies of the proposals listed above and all plans and exhibits pertaining thereto are on file and available for examination prior to the hearing in Room 1821 of the City-County Building, Indianapolis, Indiana, between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday. Written objections to a proposal may be filed with the Secretary of the Metropolitan Board of Zoning Appeals, as appropriate, before the hearing at the above address and such objections will be considered. At the hearing, all interested persons will be given an opportunity to be heard in reference to the matters contained in said proposals. The hearing may be continued from time to time as may be found necessary. Public hearings are accessible to persons with disabilities. For accommodations needed by persons with disabilities planning to attend the hearing, please call , or for the hearing impaired, at least forty-eight (48) hours prior to the hearing. Department of Metropolitan Development Division of Planning Current Planning Division 5