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

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1 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 Zoning Appeals of Indianapolis-Marion County, Indiana, on Thursday, January 3, 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-DV DV West Sumner Avenue (Approximate Address), Indianapolis Township(s): Perry Council District(s): 22 Zoning District(s): D-4 (FF) Petitioner/Agent: Kyle Bowling Dwelling Districts Zoning Ordinance to legally establish a single-family dwelling with a ten-foot front setback from the existing right-of-way of West Sumner Avenue (minimum 25-foot front setback required) and to legally establish a 484-square foot detached garage with a zero-foot west side setback (minimum five-foot side setback required) and a zerofoot rear setback (minimum five-foot rear setback required) North Arlington Avenue (Approximate Address), Indianapolis Township(s): Warren Council District(s): 17 Zoning District(s): C-4 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), 1

2 2007-DV DV UV1-017B 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) Ratliff Road (Approximate Address), Indianapolis Township(s): Decatur Council District(s): 22 Zoning District(s): D-3 Petitioner/Agent: Larry White Dwelling Districts Zoning Ordinance to provide for a fifteen-foot tall, 900-square foot pole barn (maximum foot height, the height of the primary structure, permitted) resulting in an accessory building area of 1,800 square feet or percent of the main floor area of the primary structure (maximum square feet or 75 percent of the main floor area of the primary structure permitted), and resulting in an accessory use area of 3, square feet or percent of the total living area of the primary structure (maximum 1,197 square feet or percent of the total living area of the primary structure permitted) Rockville Road (Approximate Address), Indianapolis Township(s): Wayne Council District(s): 13 Zoning District(s): C-1 Petitioner/Agent: Huntington Bank, by Amanda Gates Sign Regulations to provide for a foot tall, 40.7-square foot, internally illuminated pole sign within 66 feet of a protected district (minimum 600- foot separation required) and 7225 East Raymond Street(Approximate Addresses) Indianapolis Township(s): Warren Council District(s): 25 Zoning District(s): D-A Petitioner/Agent: Scott and Amy Waterman, by David A. Retherford Sign Regulations to provide for a twenty-foot tall, 320-square foot pole sign (not permitted), with an approximately six-foot front setback from the 2

3 2007-UV1-026 right-of-way of Interstate 465 (minimum twenty-foot front setback required) Compton Avenue (Approximate Address), Indianapolis Zoning District(s): D-3 Petitioner/Agent: Julia Saligoe-Simmel, by Mitch Sever Request(s): VARIANCE OF USE of the Dwelling Districts Zoning Ordinance to provide for an office use (not permitted). NEW PETITIONS: 2007-SE DV DV East 10 th Street (Approximate Address), Indianapolis Township(s): Warren Council District(s): 18 Zoning District(s): D-2 Petitioner/Agent: Indiana Buddhist Center, Inc., Kenneth Collier-Magar Request(s): SPECIAL EXCEPTION of the Dwelling Districts Zoning Ordinance to provide for a religious use in an existing single-family dwelling, with thirteen additional parking spaces in the front yard along 10 th Street and Bonar Avenue. 321 Wisconsin Street (Approximate Address), Indianapolis Township(s): Center Council District(s): 19 Zoning District(s): I-4-U Petitioner/Agent: Indiana Rail Road Company, by David Kingen Industrial Zoning Ordinance to provide for the construction of a 2,340- square foot building with a 4.33-foot front setback from the proposed (existing) right-of-way of Wisconsin Street (minimum twenty-foot front setback required) and to provide for the construction of a 3,700-square foot building with 8.33-foot front setback from the proposed (existing) right-of-way of Wisconsin Street (minimum twenty-foot front setback required) and a zero-foot west side setback (minimum twenty-foot side setback required) Ingomar Street (Approximate Address), Indianapolis Township(s): Wayne Council District(s): 13 Zoning District(s): D-5 Petitioner/Agent: Frank Jeffries, by Judy Rackley Dwelling Districts Zoning Ordinance to legally establish a single-family dwelling with a two-foot rear setback (minimum twenty-foot rear setback required), and a 100-square foot shed in front of the established front 3

4 2007-DV DV DV DV1-066 building line (not permitted), and to provide for a 440-square foot detached garage in front of the established front building line (not permitted) Guilford Avenue (Approximate Address), Indianapolis 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) North Kenwood Avenue (Approximate Address), Indianapolis Township(s): Center Council District(s): 8 Zoning District(s): D-8 Petitioner/Agent: Abel Rojas Dwelling Districts Zoning Ordinance to legally establish a six-foot tall fence in the required front yard along North Kenwood Avenue (maximum 3.5-foot tall fence permitted in the required 25-foot front yard) Edgewater Drive (Approximate Address), Indianapolis 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 3.5-foot tall fence permitted within the required 25-foot front yard, maximum six-foot tall fence permitted outside of the required front yard) along the north property line and extending south from the southeast corner of the detached garage. 6055, 6101, 6111 and 6165 North Keystone Avenue (Approximate Addresses), Indianapolis Zoning District(s): C-4 Petitioner/Agent: Glendale Centre, LLC, by Timothy E. Ochs Sign Regulations to provide for: 4

5 2007-UV UV1-030 a) an foot tall, 86.5-square foot building entry pole sign with an approximately 300-foot front setback from 62 nd Street, being within 220 feet of another freestanding sign (minimum 300-foot separation required). b) An foot tall, 86.5-square foot building entry pole sign with an approximately 400-foot front setback from Keystone Avenue, being the sixth freestanding sign along Keystone Avenue (maximum four freestanding signs permitted along approximately 1,430 feet of street frontage for an integrated center), and resulting in a total sign area of 1,242 square feet for freestanding signs along Keystone Avenue (maximum total sign area of 900 square feet permitted for an integrated center with greater than 1,100 square feet of street frontage) Georgetown Road (Approximate Address), Indianapolis Township(s): Wayne Council District(s): 7 Zoning District(s): D-4 (FF) Petitioner/Agent: Arthur M. and Sophia A. Usamani Request(s): VARIANCE OF USE AND DEVELOPMENT STANDARDS of the Dwelling Districts Zoning Ordinance to legally establish a singlefamily dwelling with 600 square feet of total living area (minimum 900 square feet of living area required) and to legally establish a second, 400-square foot detached dwelling unit (not permitted, minimum 900 square feet of living area required) on the same lot, with an eleven-foot rear setback (minimum twenty-foot rear setback required for a primary structure) East Hanna Avenue (Approximate Address), Indianapolis Township(s): Perry Council District(s): 23 Zoning District(s): C-3 Petitioner/Agent: Donald and Christina Weber Request(s): VARIANCE OF USE AND DEVELOPMENT STANDARDS of the Commercial Zoning Ordinance to legally establish the installation of electronic equipment in vehicles (not permitted) and a tire sale and repair shop (not permitted), and to provide for three parking spaces, with maneuvering in the alley right-of-way (not permitted), and a trash enclosure within the required ten-foot south side transitional yard (not permitted), and to legally establish six parallel parking spaces, being eighteen feet in length (minimum 22-foot length required), in the required ten-foot front landscape strip (not permitted, landscaping required), and to legally establish a zero-foot front landscape strip along Hanna Avenue (minimum ten-foot front landscape strip required). OTHER BUSINESS 5

6 ADOPTION OF FINDINGS OF FACT: 2006-UV1-006A PENDING ADOPTION OF NEGATIVE FINDINGS OF FACT: 2007-DV DV UV1-008 PENDING ADOPTED PENDING 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 6