METROPOLITAN BOARD OF ZONING APPEALS DIVISION ONE INDIANAPOLIS-MARION COUNTY, INDIANA. March 4, 2008

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1 METROPOLITAN BOARD OF ZONING APPEALS DIVISION ONE INDIANAPOLIS-MARION COUNTY, INDIANA March 4, 2008 Notice is hereby given of a Public Hearing and Meeting of Division One of the Metropolitan Board of Zoning Appeals of Indianapolis-Marion County, Indiana, on Tuesday, March 4, 2008, at 1:00 P.M. in the Public Assembly Room, City-County Building, Indianapolis, Indiana, upon petitions for variances of use and development standards to the Marion County Council Ordinance No , adopted by the Marion County Council on March 28, 1957, and subsequently amended pursuant to Chapter 283 of the Acts of Indiana General Assembly for 1955, as amended. CONTINUED PETITIONS: 2007-DV1-047 (Amended) 2007-DV West Washington Street (Approximate Address), Indianapolis Township(s): Wayne Council District(s): 14 Zoning District(s): C-5 Petitioner/Agent: Family Dentistry, by Stephen D. Mears Commercial Zoning Ordinance to a) legally establish thirteen parking spaces (minimum seventeen parking spaces required) being partially located within the existing rightof-way of Fleming Street (minimum ten-foot front landscape strip required), and with maneuvering area within the right-of-way of Fleming Street (not permitted), and for zero handicapped parking spaces (minimum one handicapped parking space required), b) legally establish a building with a 57-foot front setback from the centerline of West Washington Street (minimum 70-foot front setback from centerline required). VARIANCE OF DEVELOPMENT STANDARDS OF THE SIGN REGULATIONS to legally establish a ground sign with an eight-foot setback from the existing right-of-way of Washington Street and with a four-foot setback from the existing right-of-way of Fleming Street (minimum 15-foot setback required), within the sight-distance triangle of said streets (structures not permitted within the sight-distance triangle) North Arlington Avenue (Approximate Address), Indianapolis Township(s): Warren Council District(s): 17 Zoning District(s): C-4 1

2 2007-DV DV1-065 (Corrected) 2007-UV1-017B (Amended) Petitioner/Agent: SEA Group, LLC Commercial Zoning Ordinance and the Sign Regulations to: a) provide for a 25-foot tall, 74-square foot pole sign with a zero-foot front setback from the existing right-of-way of Arlington Avenue and 21 st Street (minimum fifteen-foot front setbacks required), and being within the clear-sight triangle at the intersection of Arlington Avenue and 21 st Street (not permitted), b) provide for a gas station canopy with a 50-foot front setback from the centerline of Arlington Avenue (minimum 70-foot front setback required), c) legally establish zero-foot landscape strips along Arlington Avenue and 21 st Street (minimum ten-foot front landscape strips required), d) provide for a 22-foot wide two-way drive aisle (minimum 24-foot twoway drive aisle required), e) provide for a trash-enclosure in front of the established front building line along 21 st Street (not permitted) Guilford Avenue (Approximate Address), Indianapolis Council District(s): 3 Zoning District(s): C-4 (FF) Petitioner/Agent: Steve Hess, by Mary E. Solada Commercial Zoning Ordinance to provide for the construction of a twostory, 6,000-square foot building with zero off-street parking spaces (offstreet parking required, under the parking requirement for a tavern use, approximately 85 parking spaces would be required) Edgewater Drive (Approximate Address), Indianapolis Council District(s): 3 Zoning District(s): D-4 (FW) (FF) Petitioner/Agent: Steven J. Fine Dwelling Districts Zoning Ordinance to legally establish a seven foot tall fence (maximum six-foot tall fence permitted outside of the required front yard or behind the established front building line) along the north property line and extending south from the southeast corner of the detached garage and 7225 East Raymond Street (Approximate Addresses) Indianapolis Township(s): Warren Council District(s): 25 2

3 2008-UV1-001 (Amended) Zoning District(s): D-A Petitioner/Agent: Scott and Amy Waterman, by David A. Retherford Sign Regulations to provide for an 18-foot tall, 160-square foot pole sign and a 14-foot tall, 32-square foot pole sign (pole signs not permitted in dwelling districts) Madison Avenue (Approximate Address), Indianapolis Township(s): Perry Council District(s): 24 Zoning District(s): C-3 and C-4 Petitioner/Agent: Icon Tattoo, by Stephen D. Mears Request(s): VARIANCE OF USE AND DEVELOPMENT STANDARDS of the Commercial Zoning Ordinance to legally establish an 8,825- square foot integrated center building with an eleven-foot south side transitional yard (minimum twenty-foot south side transitional yard required), with 27 off-street parking spaces (minimum 36 off-street parking spaces required), with eleven parking spaces with maneuvering area within the public right-of-way (not permitted), and to legally establish a tattoo parlor in a 2,226-square foot tenant space of the integrated center building, on a lot abutting a protected district (minimum 500-foot separation required). NEW PETITIONS: 2008-DV DV Cloverleaf Terrace (Approximate Address), Indianapolis Township(s): Wayne Council District(s): 13 Zoning District(s): D-7 Petitioner/Agent: Community Reinvestment Foundation-X, Inc., by Ray Good Dwelling Districts Zoning Ordinance to provide for the required 40-foot front yard along a portion of I-465 without landscaping (landscaping required) and to provide for a drive-isle and parking within the required- 40-foot front yard (not permitted) Five Points Road (Approximate Address), Indianapolis Township(s): Franklin Council District(s): 25 Zoning District(s): D-A Petitioner/Agent: Patton Linder, LLC Sign Regulations to provide for an square foot awning sign on an square foot awning on the east building elevation (not permitted), and two, 3.41-square foot awning signs on twenty-square foot awnings 3

4 2008-DV UV UV UV1-006 on the south building elevation (not permitted) for a legally established automobile parts sales and service business North Pennsylvania Street (Approximate Address), Indianapolis Council District(s): 8 Zoning District(s): D-4 (MSPC) Petitioner/Agent: Scott and Kay Whitaker, by Donald Acheson Dwelling Districts Zoning Ordinance to provide for the construction of an eighteen-foot tall, 675-square foot detached garage with a 0.9-foot north side setback (minimum five-foot north side setback required) East Southport Road (Approximate Address), Indianapolis Township(s): Perry Council District(s): 24 Zoning District(s): C-1 (FW) (FF) Petitioner/Agent: Carl and Jacqueline Basey Request(s): VARIANCE OF USE of the Commercial Zoning Ordinance to provide for a thrift store (not permitted) and a beauty salon (not permitted). VARIANCE OF DEVELOPMENT STANDARDS of the Sign Regulations to: a) legally establish a 7.25-foot tall, square foot pylon sign, within 35-feet of a protected district (minimum 600-foot separation required), encroaching 10.8 feet into the existing right-of-way of Southport Road (signs and other structures not permitted within the public right-of-way), b) provide for a foot tall, square foot portable freestanding reader-board (portable signs not permitted), encroaching twenty feet into the existing right-of-way of Southport Road (signs and other structures not permitted within the public right-of-way) Carrollton Avenue (Approximate Address), Indianapolis Council District(s): 3 Zoning District(s): C-2 (FF) Petitioner/Agent: MoMac Realty, LLC, by Cameron F. Clark Request(s): VARIANCE OF USE AND DEVELOPMENT STANDARDS of the Commercial Zoning Ordinance to provide for a the retail sales of clothing (not permitted), with five off-street parking spaces (minimum twenty required) Brouse Avenue (Approximate Address), Indianapolis Council District(s): 9 Zoning District(s): C-5 (W-5) 4

5 2008-UV1-007 Petitioner/Agent: O Brien Keystone Dealership Realty, LLC, by David Kingen Request(s): VARIANCE OF USE AND DEVELOPMENT STANDARDS of the Commercial Zoning Ordinance to provide for a tool and equipment rental facility (not permitted), with a zero-foot front landscape yard along 51 st Street (minimum ten-foot front landscaped yard required), with a zero-foot front landscape yard along Brouse Avenue (minimum ten-foot front landscaped yard required). 968 King Avenue (Approximate Address), Indianapolis Township(s): Wayne Council District(s): 15 Zoning District(s): D-5 Petitioner/Agent: Geraldine Louis Request(s): VARIANCE OF USE of the Dwelling Districts Zoning Ordinance to provide for a transitional home for ex-offenders (not permitted). ADOPTION OF FINDINGS OF FACT: OTHER BUSINESS 2006-UV1-006A 2007-UV1-029A ADOPTION OF NEGATIVE FINDINGS OF FACT: 2007-DV DV DV DV DV UV1-029B 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. 5

6 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 6

METROPOLITAN BOARD OF ZONING APPEALS DIVISION ONE INDIANAPOLIS-MARION COUNTY, INDIANA. January 3, 2008

METROPOLITAN BOARD OF ZONING APPEALS DIVISION ONE INDIANAPOLIS-MARION COUNTY, INDIANA January 3, 2008 Notice is hereby given of a Public Hearing and Meeting of Division One of the Metropolitan Board of