METROPOLITAN BOARD OF ZONING APPEALS · THOROUGHFARE PLAN Emerson Avenue is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary arterial, with a 140-foot

METROPOLITAN BOARD OF ZONING APPEALS DIVISION I

PUBLIC ASSEMBLY ROOM

2nd Floor City-County Building 1:00 p.m.

STAFF REPORTS FOR June 5, 2018

These reports do not in any way commit the Board

to approve or disapprove any petition filed before it.

DEPARTMENT OF METROPOLITAN DEVELOPMENT DIVISION OF PLANNING

CURRENT PLANNING SECTION PETITION NO. PETITION ADDRESS AND LOCATION PAGE NO.

EXPEDITED PETITIONS:

2018-DV1-011 8451 SOUTH EMERSON AVENUE FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25

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2018-DV1-012 2205 SOUTH HOLT ROAD WAYNE TOWNSHIP, COUNCIL DISTRICT #16

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2018-UV1-018 6050 EAST 10TH STREET WARREN TOWNSHIP, COUNCIL DISTRICT #19

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2018-UV1-021 1411 SOUTH ALABAMA STREET CENTER TOWNSHIP, COUNCIL DISTRICT #16

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2018-UV1-022 2936 EAST WASHINGTON STREET CENTER TOWNSHIP, COUNCIL DISTRICT #17

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TRANSFERRED PETITION:

2017-SE2-002 5532 NORTH HIGH SCHOOL ROAD PIKE TOWNSHIP, COUNCIL DISTRICT #10

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CONTINUED PETITIONS:

2018-DV1-010 (AMENDED)

2218 CENTRAL AVENUE CENTER TOWNSHIP, COUNCIL DISTRICT #11

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2018-UV1-005 (AMENDED)

3320 NORTH ARLINGTON AVENUE WARREN TOWNSHIP, COUNCIL DISTRICT #13

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2018-UV1-010** 4600 WEST SOUTHPORT ROAD DECATUR TOWNSHIP, COUNCIL DISTRICT #20

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2018-UV1-012 3760 COLD SPRING ROAD WAYNE TOWNSHIP, COUNCIL DISTRICT #08

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2018-UV1-015*** 1336 EAST WASHINGTON STREET CENTER TOWNSHIP, COUNCIL DISTRICT #17

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NEW PETITIONS:

2018-DV1-013 (AMENDED)

11415 KNOLLRIDGE LANE WARREN TOWNSHIP, COUNCIL DISTRICT #19

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2018-DV1-014** 329 LINCOLN STREET CENTER TOWNSHIP, COUNCIL DISTRICT #16

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2018-UV1-019* 1620 SOUTH EAST STREET CENTER TOWNSHIP, COUNCIL DISTRICT #16

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2018-UV1-020** 334 LINCOLN STREET CENTER TOWNSHIP, COUNCIL DISTRICT #16

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* Automatic Continuance ** Continuance Requested *** Withdrawn or Dismissal

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2018-DV1-011 Address: 8451 South Emerson Avenue (approximate address) Location: Franklin Township, Council District #25 Zoning: C-S (FF) Petitioner: Sign Crafters Inc., by Brenda Ownes Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for four-foot tall vehicle entry point signs (maximum 2.5-foot tall permitted).

RECOMMENDATIONS Staff recommends approval of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

The property currently has a 94,251-square foot neighborhood hospital with 86 parking spaces and four ADA compliant parking spaces.

The site to the north, zoned C-1 (FF), is a medical office use building; the site to the west, zoned C-S (FF), is an assisted living facility for elderly; the sites to the south and east, zoned C-S (FF), are vacant.

VARIANCE OF DEVELOPMENT STANDARDS

The grant of this variance would allow any number of vehicle entry point signs to be four-feet tall on site. The maximum permitted by the ordinance is 2.5-feet tall.

The proposed signs would be four-feet tall, 3.1-feet wide, and six-inches thick.

The current plan proposes a total of four vehicle entry point signs. DEVELOPMENT STANDARDS FINDINGS OF FACT

The approval will not be injurious to the public health, safety, morals, and general welfare of the community.

o Staff agrees with the petitioner’s findings; which state that the signs will give the public directions to the hospital. For the same reasons that street traffic signs are at reasonable heights for visibility and safety, internal signs for access drives need to be of sufficient height and size to be effective. This criterion has been met.

(Continued)

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STAFF REPORT 2018-DV1-011 (Continued)

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner.

o Staff agrees with the petitioner’s findings; which state that signs will be small and setback enough to not be obtrusive to adjacent properties. This criterion has been met.

The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property because.

o Staff agrees with the petitioner’s findings; which state that the strict application of the terms of the zoning ordinance could prevent people from finding the entrance to the hospital. This criterion has been met.

GENERAL INFORMATION EXISTING ZONING AND LAND USE

C-S (FF) Neighborhood Hospital SURROUNDING ZONING AND LAND USE

North - C-1 (FF) Medical Office South - C-S (FF) Vacant East - C-S (FF) Vacant West - C-S (FF) Assisted Living Facility

LAND USE PLAN The I-65 / County Line Road Strategic Plan (2008)

recommends Interchange Area Mixed-Use development.

THOROUGHFARE PLAN Emerson Avenue is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary arterial, with a 140-foot existing right-of-way and a 140-foot proposed right-of-way.

SITE PLAN File-dated April 16, 2018. PLAN OF OPERATION File-dated April 16, 2018. FINDINGS OF FACT File-dated April 16, 2018 ZONING HISTORY - SITE 2003-ZON-153; 8601 South Emerson Avenue, Rezoning of from the D-A district to the C-4 classification, withdrawn. 2005-ZON-169; 8601 and 8651 South Emerson Avenue, Rezoning of from the D-A (FF) district to the C-S (FF) classification, approved. 2016-PLT-023; 8601 and 8651 South Emerson Avenue and 5250 Noggle Way, a Subdivision Plat to be known as Claybrooke Commons North Subdivision, dividing 46.29 acres into two lots and one block, approved.

(Continued)

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STAFF REPORT 2018-DV1-011 (Continued) ZONING HISTORY – VICINITY 2000-SE1-002; 8420 South Emerson Avenue (northwest of site), Special exception of the Wireless Communication Zoning Ordinance to provide for a wireless communications facility, with a 75-foot tall tower, a 14 by 16-foot platform, equipment cabinets and miscellaneous accessory equipment, granted. 2005-ZON-004; 8445 South Emerson Avenue (north of site), Rezoning of from the D-A district to the C-1 classification, approved. 2008-DV1-067; 8445 South Emerson Avenue (north of site), Variance of development standards of the Commercial Zoning Ordinance to provide for a two-story, 16,000-square foot medical office building with 56 off-street parking spaces, granted. 2012-ADM-133; 8420 South Emerson Avenue (northwest of site), Construction of a wireless communications tower, approved. 2014-ADM-169; 8420 South Emerson Avenue (northwest of site), Remodeling of a wireless communications tower, approved. 2014-ADM-058; 4926 Sir Barton Way (west of site), Construction of a shopping center, approved. PS

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2018-DV1-011; Location Map

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2018-DV1-011; Site Plan

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2018-DV1-011; Findings of Fact

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2018-DV1-011; Photographs

Photo of the Subject Property: 8451 South Emerson Avenue

Photo of the of the subject property from the neighboring site to the north.

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STAFF REPORT


Current Planning Section Case Number: 2018-DV1-012 Address: 2205 South Holt Road (approximate address) Location: Wayne Township, Council District #16 Zoning: I-4 Petitioner: Solscient Energy LLC, by Granger Souder Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for an accessory solar array in the front yard of Holt Road (permitted in side and rear yards or on the roof only).

RECOMMENDATIONS Staff recommends approval of the request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

This 6.3-acre parcel, zoned I-4, is part of a larger, 83.3-acre lot that is within the Metro Context Area of Marion County and is currently unimproved with any structures.

The Comprehensive Land Use Plan recommends general industrial use for the subject site.

There are no protected districts adjacent to, or within 500 feet of, the subject site.

ACCESSORY SOLAR ARRAY IN FRONT YARD

The use-specific standards for accessory renewable solar energy facilities restricts their location to side and rear yards or on building rooftops. The intentions behind these requirements are to: o Ensure accessory solar facilities are developed as accessory to the permitted use and not the

dominant feature of a property—especially on residential and commercial lots. o Minimize risk of glare on vehicular traffic.

Staff finds that the zoning classification, surrounding infrastructure, and surrounding property uses uniquely situate the subject site. o The parcel tract has two front yards, South Holt Road and West Minnesota Street, and two

side yards. o Across the street is a large property, zoned SU-9, that has two curb cuts along this stretch of

South Holt Road with masonry and metal fencing in place along the other portions of their east (South Holt Road) property line.

o The adjacent stretch of South Holt Road is approximately 6,479 feet long with four total curbs cuts and provides two vehicular travelling lanes.

(Continued)

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The proposed solar array area does not function as a front yard on a typical lot because the total site is expansive, 83 acres, there are few structures constructed between the proposed site and the rear property line (the largest of these structures is built near the rail line along the rear property line), and neighboring property across South Holt Road is equally expansive with few buildings perceivably addressing that property’s South Holt Road front yard. Staff finds that the proposed location and dimensions of the solar facility would be perceived as accessory to the metal recycling operation on site. Staff also finds that the existing fencing, berm, and trees between the proposed site and South Holt Road would minimize potential glare onto vehicles.

FINDINGS OF FACT

Staff finds that the proposed Findings of Fact meet the Criteria.


I-4 Metal recycling operation SURROUNDING ZONING AND LAND USE

North - I-4 Heavy industrial South - I-4 Heavy industrial East - I-4 Heavy industrial/solar energy facility West - SU-9 Military operations

COMPREHENSIVE LAND USE PLAN Recommendation: general industrial use for the subject site. THOROUGHFARE PLAN South Holt Road is classified as a primary arterial with an

existing and proposed 100-foot right-of-way. West Minnesota Street is classified as a primary collector with an existing and proposed 130-foot right-of-way. Sam Jones Expressway is classified as an expressway with an existing and proposed 185-foot right-of-way.

SITE PLAN File-dated April 17, 2018.

FINDINGS OF FACT File-dated April 17, 2018. ZONING HISTORY – SUBJECT SITE 2006-SE3-001: 1800 South Holt Road, requests a Special Exception of the Industrial Zoning Ordinance to provide for a full-service metal recycling operation, in I-4-U; granted. ZONING HISTORY – VICINITY 2005-UV1-014: 3650 West Minnesota Street (north of subject site), requests a Variance of Use of the Industrial Zoning Ordinance to add sales and rental of semi-tractor trucks and trailers to an existing semi-tractor/trailer body repair and painting business permitted by variance petition 89-UV3-93 within an existing 14,700-square foot, one-story structure, in I-4-U; granted.

(Continued)

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STAFF REPORT 2018-DV1-012 (Continued) 2001-DV2-051: 2510 Airport Expressway (a/k/a 3510 Sam Jones Expressway; east of subject site), requests a variance of development standards of the Sign Regulations to provide for the construction of a 14 by 48-foot outdoor advertising sign, located 20-feet from the Airport Expressway (advertising signs not permitted within 600 feet of the right-of-way of a freeway or expressway, located within the area circumscribed by the interior right-of-way line of I-465); denied. 99-Z-222: 3450 West Airport Expressway (a/k/a 3510 Sam Jones Expressway; east of subject site), requests a rezoning of 4.5 acres from the I-4-U District to the C-S classification to provide for truck sales, washing, and related uses and I-4-U uses; approved. 94-Z-181: 2002 South Holt Road (west of subject site), rezone from I-4-U to SU-9 to provide for offices, warehousing, vehicle repair and maintenance associated with military uses; approved. 90-UV2-24: 3702 West Minnesota Street (north of subject site), requests a Variance of Use and Development Standards of the Industrial Zoning Ordinance to permit a truck lubrication, inspection and washing facility, as well as the sale of diesel fuel, in I-4-U, granted. 89-UV3-93: 3650 West Minnesota Street (north of subject site), requests a Variance of Use and Development Standards of the Industrial Zoning Ordinance to permit a body repair and painting business for semi-tractor/trailer trucks with paving in the required front yard, in I-4-U; granted.

CAM * * * 2018-DV1-012: Location Map

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2018-DV1-012: Site Plan

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2018-DV1-012: Photographs

Photo 1: On South Holt Road looking southeast toward north end of subject site.

Photo 2: On South Holt Road looking east towards center of subject site.

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Photo 3: On South Holt Road looking west towards 2002 South Holt Road.

Photo 4: Looking north from the southern edge of the subject site.

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Photo 5: Looking west into center of subject site.

Photo 6: Standing along center of east edge of the subject site looking east.

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Photo 7: Standing along center of north edge of the subject site looking north.

Photo 8: Near southeast corner of the subject site looking south.

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Photo 9: Near southwest corner of the subject site looking southwest toward South Holt Road.

Photo 10: Near north end of the subject site looking west at 2002 South Holt Road.

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STAFF REPORT


Current Planning Section

Case Number: 2018-UV1-018 Address: 6050 East 10th Street (approximate address) Location: Warren Township, Council District #19 Zoning: C-3 Petitioner: China Happy Feet LLC, by LiJuan Wang Request: Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for 2nd floor residences (not permitted) for employees of an existing business.

RECOMMENDATIONS Staff recommends approval of the request subject to the following commitments:

1. Residences are only permitted on the second floor of the existing building. 2. Only employees of an existing business in the building on the subject site may reside on the

second floor of the existing building. 3. The residential area must meet the standards of Article 9, Standards of Rooming Houses,

Dormitories, Hotels and Motels, of Chapter 10, Minimum Standards for Residential Property and Housing of the Health and Hospital Corporation Code of Marion County.

SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

The subject site is a 0.20-acre lot, parcel number 7005573, zoned C-3, and improved with a two-story building, parking lot, and pole sign.

The subject site is located within the Compact Context Area of Marion County.

The Comprehensive Land Use Plan recommends neighborhood/retail commercial uses.

VARIANCE OF USE

This petition requests permitting second-floor residences for employees of a business in the building. Residential uses are not permitted outright in the C-3 district.

The Health and Hospital Corporation of Marion County, established by Indiana Code § 16-22-8, operates a division of public health and finds that the structure, equipment, sanitation, maintenance, use or occupancy of residential property, dwellings and rooming houses may cause a hazard to the public health and safety. To prevent or correct related public health and safety hazards, their office has developed Minimum Standards for Residential Property and Housing—chapter 10 of the Code of The Health and Hospital Corporation of Marion County.

(Continued)

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STAFF REPORT 2018-UV1-018 (Continued)

The proposed residences on the subject site’s second floor consist of two bedrooms, a shared bathroom, a shared kitchen area, and a shared living room. This configuration is considered a “rooming house” per the Minimum Standards for Residential Property and Housing. Staff’s recommendation for approval hinges on the proposed residences being properly renovated according to these standards from existing spaces on the second floor of the subject site to prevent and avoid public health and safety hazards.

Staff finds that the requested use would be accessory to the neighborhood commercial use, which is recommended in the Plan. Staff further finds that the proposed use would not be injurious to the surrounding community or adversely affect the surrounding residences and businesses.

FINDINGS OF FACT

Staff finds that the proposed Findings of Fact (amended) file-dated May 25, 2018 sufficiently address the criteria and establish a hardship.


C-3 Commercial uses SURROUNDING ZONING AND LAND USE

North - D-4 Single-family dwellings South - D-4 Single-family dwellings East - C-3 Commercial office uses West - D-4 Access drive

COMPREHENSIVE LAND USE PLAN The 1990 Consolidated Eastside Neighborhood Plan

recommends neighborhood commercial and retail commercial uses.

THOROUGHFARE PLAN East 10th Street is classified as a primary arterial with an

existing and proposed 90-foot right-of-way. SITE PLAN File-dated April 17, 2018. FINDINGS OF FACT (AMENDED) File-dated May 25, 2018.

ZONING HISTORY – SUBJECT SITE 2015-UV1-005: 6050 East 10th Street, requests a variance of use of the Commercial Zoning Ordinance to provide for a reflexology technical training center and academy, including massage activities (not permitted), without the grant of a special exception and within 500 feet of a protected district; granted. ZONING HISTORY – VICINITY

(Continued)

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STAFF REPORT 2018-UV1-018 (Continued) 2014-UV2-010, 985 North Arlington Avenue (south of site), requests a variance of use of the Commercial Zoning Ordinance to provide for carryout alcohol sales; granted. 2013-DV2-002 (amended), 985 North Arlington Avenue (south of site), requests a variance of development standards of the Commercial Zoning Ordinance to legally establish the southern portion of the existing screening “knee” wall, located within the clear sight triangle of the Arlington Avenue driveway; granted. 2012-DV2-039, 5914 West 10th Street (west of site), requests a variance of development standards to provide for two freestanding pole signs, with insufficient front setbacks and being within the clear sight triangles of each respective street; denied. 2011-DV2-018, 5914 East 10th Street (northwest of site), requests a variance of development standards to provide for a 40.1-square foot electronic variable message sign within 20 feet of a signalized intersection and within 200 feet of a protected district; denied.

2010-VAR-009, 985 North Arlington Avenue (south of site), requests variance of development standards to provide for a 12,500-square foot commercial building, with an insufficient front setback, with a drive-through facility, with insufficient loading space, with a four-foot, 54 square foot freestanding sign with an insufficient front setback; granted.

2009-DV2-008, 990 North Arlington Avenue (west of site), requests a variance of development standards to legally establish deficient front and side transitional setbacks for paving, a canopy, a freestanding sign and a trash container enclosure for an existing gasoline station in C-4; approved. 2009-UV3-019, 1101 North Arlington Avenue (north of site), 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, in C-4; granted. 2009-ZON-087, 985 North Arlington Avenue (south of site), requests rezoning of 1.28 acres from the D-4 and C-4 classifications to the C-3C classification to provide for a pharmacy; granted. 2004-ZON-084, 6024 East 10th Street and 1005 North Arlington Avenue (across 10th Street to north), requests rezoning of 0.24 acre from D-4 District, to the C-3 classification; approved. 2000-DV2-047, 6054 East 10th Street (east of site), requests a variance of development standards of the Commercial Zoning Ordinance to provide for a building addition, with reduced rear transitional yard; granted. 98-V1-108, 1030 North Arlington Avenue (across intersection of 10th Street and Arlington Avenue), requests a variance of development standards to provide for three permanent detached storage structures and two temporary detached seasonal storage trailers in C-4; withdrawn. 98-V3-59, 6011 East 10th Street (east of site), requests a variance of development standards of the commercial Zoning Ordinance to provide for the construction of a restaurant being 46 feet from a protected district and a drive-through window being 76 feet from a protected district in C-4; granted.

(Continued)

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STAFF REPORT 2018-UV1-018 (Continued) 98-V3-56, 985 North Arlington Avenue (formerly 6011 East 10th Street) (south of site), requests a variance of development standards to provide for construction of a restaurant with a drive-through window being 76 feet from a protected district; approved. 98-NC-42, 6021 East 21st Street (south of site), requests a legal nonconforming use certificate to legally establish a surface parking lot in D-4; approved. 92-UV1-80, 1025 North Arlington Avenue (north of site), requests a variance of use to provide for the continued use of a commercial parking lot in D-4; approved. 82-V3-153, 1160 North Arlington Avenue (north of site), requests a variance of development standards of the Sign Regulations to provide for the replacement of sign panels on an existing pole sign with an insufficient front setback; granted. 85-HOV-80, 6034 East Saint Joseph Street (west of site), requests a variance of development standards to provide for construction of an attached garage and room addition with a 3.5-foot side yard setback in D-4; approved. 67-V1-159, 985 North Arlington Avenue (formerly 6017 East 10th Street) (south of site), requests a variance to provide for outdoor display and sales of merchandise in front of an existing hardware store; approved for a period of two years. 61-V-233, 985 North Arlington Avenue (formerly 6017 East 10th Street) (south of site), requests a variance to provide for outdoor display and sales of merchandise in front of an existing hardware store; approved, for period of one year with subsequent extensions.

CAM * * *

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2018-UV1-018: Location Map

2018-UV1-018: Photographs

Photo 1: Subject project (two-story building to left) looking northeast across East 10th Street.

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Photo 2: Neighboring property west of subject site, looking northwest across East 10th Street.

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Photo 3: (From left to right) 6049 and 6043 East 10th Street, immediately south of the subject site,

facing south.

Photo 4: 6102 East 10th Street, east of the subject site, facing north.

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Photo 5: Rear portion of attached commercial building east of the subject site, facing northwest.

Photo 6: Entrance of the subject property, facing east from adjacent parking lot.

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Photo 7: Rear (north) elevation of the subject site.

Photo 8: Adjacent outdoor storage use north of the subject site, facing east.

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STAFF REPORT



Case Number: 2018-UV1-021 Address: 1411 and 1413 South Alabama Street (approximate address) Location: Center Township, Council District #16 Zoning: D-5 Petitioner: Andrew Lamke Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to legally establish two, two-family dwellings (not permitted) on a 7,400-square foot, 40-foot wide lot (70-foot lot width required), with zero parking spaces (four parking spaces required), with a nine-foot front setback, a 10-foot rear setback and 56% open space (18-foot front setback, 20-foot rear setback and 60% open space required), and with one two-family dwelling having deficient main and total floor area (minimum 660 main floor and 900 square feet required).

RECOMMENDATIONS Staff recommends approval of the request subject to the following commitment:

If one of the primary structures present at the time of this variance grant is demolished by choice—as opposed to being damaged or destroyed by flood, tornado, fire, explosion, act of God, or the public enemy—and the demolition exceeds two-thirds (2/3) of the gross floor area of the building or structure affected, then said structure may not be rebuilt if it would cause two primary dwellings to exist on the property.

SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

The subject site is a 0.17-acre lot, zoned D-5, improved with two, two-family dwellings and an accessory structure. These two duplexes appear in the 1915 Sanborn Fire Insurance Company map and subsequent aerial photographs.

The subject site is located within the Compact Context Area of Marion County. The Comprehensive Land Use Plan recommends low density residential.

VARIANCE OF USE

The Ordinance permits only one primary use per lot that is residentially zoned as a means of maintaining orderly development. Staff would not typically recommend approval of variances that would establish more than one primary use on a residentially zoned lot. The subject site, however, was developed with two, two-family dwellings before zoning was implemented in Indianapolis.

(Continued)

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Staff has recommended the commitment above because the hardship caused by the strict application of the terms of the Ordinance is removed when one of the two residential structures is demolished by choice. If these structures are damaged or destroyed by flood, tornado, fire, explosion, act of God, or the public enemy, the variance grant would permit them to be restored to their original dimensions and conditions.

Staff has examined the exterior conditions of the two, two-family dwellings and compared their footprints to those shown in the 1915 Sanborn Fire Insurance Company map and subsequent early aerial photographs. Staff finds that the footprints of the existing structures have not been substantially altered from their original construction.

The requested variance of use would permit using historic structures on the subject site for their original purpose without permitting further intensification of the site. Therefore, Staff recommends approval of the requested variance of use.


The requested variances of development standards would serve to legally establish the historic structures on the subject site without permitting further intensification of the site. Therefore, Staff recommends approval of the requested variances of development standards.

FINDINGS OF FACT

Staff finds that the proposed Findings of Fact file-dated May 22, 2018 (amended) and file-dated May 29, 2018 sufficiently address the criteria and establish a hardship and practical difficulty.


D-5 Two-family dwellings SURROUNDING ZONING AND LAND USE

North - D-5 Two-family dwelling South - D-5 Single-family dwelling East - D-5 Two-family dwellings West - D-5 Single-family dwelling

COMPREHENSIVE LAND USE PLAN The 1999 Southeast Indianapolis Community Strategic Plan recommends low-density residential developments.

THOROUGHFARE PLAN South Alabama Street is classified as a local street with an

existing and proposed 73-foot right-of-way. SITE PLAN File-dated April 30, 2018. FINDINGS OF FACT, USE VARIANCE File-dated May 22, 2018. (AMENDED)

(Continued)

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STAFF REPORT 2018-UV1-021 (Continued) FINDINGS OF FACT, DEVELOPMENT File-dated May 29, 2018 STANDARDS VARIANCE ZONING HISTORY – SUBJECT SITE None. ZONING HISTORY – VICINITY 2018-HOV-021: 1401 South Alabama Street (north of subject site), requests a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a single-family dwelling and detached garage, with three feet between primary structures, three-foot front setbacks, two-foot south side setbacks, and an open space of 39% (10 feet between buildings, 18-foot front setback, three-foot side setback and 60% open space required); granted. 48-V-582: 1401 South Alabama Street (north of subject site), requests operating a beauty shop in a front room of the residence at this property; granted for a temporary period of one year. 26-V-47: 1415 South Alabama Street (south of subject site), requests permission to erect a 32 x 36-foot building on the rear of this lot, using said building for storing materials for a heating contractor business, and for the storage of an automobile; granted. 23-V-414: 1416 South Alabama Street (west of subject site), requests permission to erect a 3-car garage on this property; granted.

CAM * * * 2018-UV1-021: Location Map

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1915 Sanborn Fire Insurance Company map of the subject site, outlined in red.

2018-UV1-021: Site Plan

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Photo 1: West-most two-family dwelling on subject site, from South Alabama Street looking east.

Photo 2: Neighboring property north of subject site, from South Alabama Street looking east.

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Photo 3: Subject site and neighboring property to the south, from South Alabama Street looking east.

Photo 4: Properties across from the subject site, from South Alabama Street looking west.

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Photo 5: Rear elevation of west-most two-family dwelling on subject site, looking west.

Photo 6: Accessory structure in rear yard of subject site, looking east.

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Photo 7: Accessory structure in rear yard of subject site looking west.

Photo 8: Rear elevation of east-most two-family dwelling on subject site, looking east.

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Photo 9: Front elevation of east-most two-family dwelling on the subject site, from the alley looking west.

Photo 10: Single-family dwelling across alley from east-most two-family dwelling on subject site.

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STAFF REPORT


Current Planning Section Case Number: 2018-UV1-022 Address: 2936 East Washington Street (approximate address) Location: Center Township, Council District #17 Zoning: C-3 Petitioner: Kahsay W. Tewelde and Abraham Ghiday Request: Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for porch additions to a multi-family dwelling (not permitted).

RECOMMENDATIONS Staff recommends approval of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

The property currently has a 4,760-square foot multi-family building on site. The site has parking at the rear with alley access.

The property is surrounded primarily by vacant properties to the east, zoned C-S; the south, zoned C-S; and west, zoned C-3. The property to the north is a single-family dwelling zoned D-5.

VARIANCE OF USE

The grant would provide for a multi-family dwelling, built prior to the 1950s, with lower- and upper-level front porch additions to the front façade, in a C-3 district.

FINDINGS

The grant will not be injurious to the public health, safety, morals, and general welfare of the community.

o Staff agrees with the petitioner’s findings; which state that the granting of the variance will not cause harm to the general welfare of the community. This criterion has been met.


o Staff agrees with the petitioner’s findings; which state that the proposal is consistent with surrounding properties. This criterion has been met.

The need for the variance arises from some condition peculiar to the property involved.

(Continued)

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o Staff agrees with the petitioner’s findings; which state that the intent of the building is to be multi-family residential units. Allowing the use for which the building was constructed is a unique condition. This criterion has been met.

The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought.

o Staff agrees with the petitioner’s findings; which state that not allowing the structure to operate as constructed would create a hardship. This criterion has been met.

The grant does not interfere substantially with the comprehensive plan. o Staff agrees with the petitioner’s findings; which state that the proposed use of the

building would not change. By allowing the structure to operate as it was constructed, a multi-family dwelling, does not substantially interfere with the comprehensive plan recommendation. This criterion has been met.


C-3 Multi-Family Dwelling SURROUNDING ZONING AND LAND USE

North - D-5 Single-Family Dwelling South - C-S Vacant Structure & Parking Lot East - C-3 Vacant Structure West - C-3 Vacant Commercial Building

LAND USE PLAN The Highland Brookside Housing Improvement and

Neighborhood Plan (1993) recommends retail / office development.

THOROUGHFARE PLAN Washington Street is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a primary arterial, with a 78-foot existing right-of-way and a 78-foot proposed right-of-way.

SITE PLAN File-dated April 30, 2018.

PLAN OF OPERATION File-dated April 30, 2018. FINDINGS OF FACT File-dated April 30, 2018. ZONING HISTORY - SITE There are no previous variances, rezoning, or approvals on this site.

(Continued)

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STAFF REPORT 2018-UV1-022 (Continued) ZONING HISTORY – VICINITY 88-UV2-95; 16 North Oakland Avenue (north of site), Variance of use of the Dwelling Districts Zoning Ordinance to provide for the installation of accessory off-street parking for a commercial use, granted. 95-UV2-119; 3002 East Washington Street (east of site), Variance of development standards of the Commercial Zoning Ordinance to permit the continued operation of a package liquor store within 100 feet of a residential district, granted. 99-HOV-31; 3005 East Washington Street (south of site), Variance of development standards of the Sign Regulations to legally establish a 31.5-foot tall outdoor advertising sign being 21.5 by 24 feet with deficient setbacks, granted. 2018-ZON-019; 3005 East Washington Street (south of site), Rezoning of from the I-3 district to the C-S classification, approved. PS

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40

2018-UV1-022; Location Map

41

2018-UV1-022; Site Plan

42

2018-UV1-022; Site Plan (Continued)

43

2018-UV1-022; Findings of Fact

44

2018-UV1-022; Photographs

Photo of the Subject Property: 2936 East Washington Street

Photo of the rear of the Subject Property: 2936 East Washington Street

45

Photo of the Subject Property: 2936 East Washington Street

Photo of the property to the east of the Subject Property.

46

Photo of the property to the west of the Subject Property.

47

STAFF REPORT


Current Planning Section Case Number: 2017-SE2-002 (Amended) Address: 5532 North Highschool Road (approximate address) Location: Pike Township, Council District #10 Zoning: D-2 Petitioner: Oluwayemisi Oriowo, by David Kingen and Justin Kingen Request: Special Exception of the Consolidated Zoning and Subdivision

Ordinance to provide for religious uses, including an accessory daycare facility, with signs.

ADDENDUM FOR JUNE 5, 2018 This petition was continued at the request of the petitioner’s representative from the May 1, 2018 hearing to the June 5, 2018 hearing in order to meet with remonstrators. No new information has been submitted to the file. ADDENDUM FOR MAY 1, 2018 This petition was continued at the request of the petitioner’s representative from the April 3, 2018 hearing to the May 1, 2018 hearing in order to meet with remonstrators. No new information has been submitted to the file. ADDENDUM FOR APRIL 3, 2018 This petition was continued and transferred, with notice, at the request of the petitioner’s representative to provide for an amendment to the petition for a daycare use. In considering the request to provide for an accessory daycare use related to the proposed religious use, in Staff’s opinion, this amendment would not fundamentally change this request, as proposed; therefore, Staff continues to recommend approval of this request. An automatic continuance request filed by a registered neighborhood group is not valid, because only one automatic continuance can be filed by remonstrators. ADDENDUM FOR MARCH 20, 2018 This petition was continued from the February 20, 2018 hearing to the March 20, 2018 hearing. Subsequently, this petition was amended to provide for an accessory daycare use on February 27, 2018, so a request has been made to continue and transfer this petition to the April 3, 2018 hearing of Board One to permit notice to be provided for the amended petition.

(Continued)

48

STAFF REPORT 2017-SE2-002 (Continued) ADDENDUM FOR FEBRUARY 20, 2018 A registered neighborhood group filed an automatic continuance, continuing this petition from the January 16, 2018 hearing to the February 20, 2018 hearing. The petitioner has indicated that the petition would likely be amended and continued, with notice, to the March 20, 2018 hearing. ADDENDUM FOR JANUARY 16, 2018 This petition was continued and transferred at the request of the petitioner’s representative from the January 9, 2018 hearing of Division II to the January 16, 2018 hearing of Division III, without additional notice, to allow time for the petitioner to meet with a registered neighborhood organization. January 9, 2018 RECOMMENDATIONS Staff recommends approval of this request, subject to the following commitments:

1. All signage shall be submitted for administrative approval prior to permits being issued. 2. The existing tree line and landscaping along the west and south sides of the property shall be

preserved and properly maintained. Changes to landscaping along those property lines shall be submitted for administrative approval prior to any work performed.

SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 1.04-acre site, zoned D-2, is developed with a dwelling, attached garage, and driveway. The site is surrounded by commercial uses to the north and northeast, a school to the east, and residential uses to the south and west. The proposed religious use would occupy the existing building. A 20-space parking lot would be built to the north and northwest of the building, utilizing the existing driveway for access.

The Indianapolis Insight – Pike Township Plan (2005) recommends residential use, with a density of zero to 1.75 units per acre for the site, and for properties to the south of Cotton Bay Drive. The plan recommends community commercial use for the properties to the north and northeast. The plan recommends special use for the property across High School Road to the east. The plan recommends residential use, with a density of 3.5 to five units per acre, for the properties to the west.

(Continued)

49

STAFF REPORT 2017-SE2-002 (Continued) SPECIAL EXCEPTION

This request would provide for an existing, approximately 1,700-square foot structure, to be used for a religious use. Religious uses are permitted in any dwelling district by grant of a special exception. The submitted plan of operation states that the facility would have between 40 to 80 members, that the hours of operation would be mainly on weekends and two evenings a week, and that residential trash bins would be used.

Staff believes that the proposed use would not injure or adversely affect the adjacent residential dwellings or property values in the area, but would instead be a transitional property. The site is situated on the edge of a residential area, and has commercial and community uses on two sides. Staff believes that the proposed religious use could help to serve as a buffer between protected districts and the more intense commercial areas. Staff believes that the site is large enough to accommodate the existing structure and the proposed parking lot, while still meeting the other Ordinance requirements of the district.

However, Staff would request two commitments to help ensure that there would be no discernable negative impacts for surrounding property owners. Staff believes that improper signage could potentially negatively affect residential neighbors, and therefore requests that all signage would be subject to administrative approval. Staff also believes that maintaining the existing tree line and landscaping along the west and south sides of the property would be beneficial in buffering the residential properties, and requests a commitment to preserve and maintain this natural features.

Generally, staff supports property improvements if their location and characteristics do not negatively impact adjoining residential areas by causing a nuisance to the surrounding neighborhood. Staff believes that this would be true for this particular request. Additionally, no public safety or health risks would come from the grant of this special exception.


D-2 Single-family residential SURROUNDING ZONING AND LAND USE

North - D-6II / C-3 Commercial South - D- 6II / D-2 Single-family residential East - SU-2 Elementary school West - D-A Multi-family residential

THOROUGHFARE PLAN This portion of High School Road is classified in the Official

Thoroughfare Plan for Marion County, Indiana as a primary collector, with a 94-foot existing right-of-way and a 106-foot proposed right-of-way.

COMPREHENSIVE PLAN The Indianapolis Insight – Pike Township Plan (2005)

recommends residential use, with a density of zero to 1.75 units per acre.

(Continued)

50

STAFF REPORT 2017-SE2-002 (Continued) SITE PLAN File-dated December 5, 2017. PLAN OF OPERATION File-dated December 5, 2017. FINDINGS OF FACT File-dated December 5, 2017. ZONING HISTORY - SITE 74-Z-198; Rezoning of various tracts of land, being in A-2 and C-4 Districts, to D-1, D-2, D-3, and D-4 classifications to permit single and two-family residences, as designated on maps on file, approved. ZONING HISTORY – VICINITY 88-HOV-40; 6301 West 56th Street (north of site), Variance of development standards of the Sign Regulations to provide for pricing and product information on the pole sign, granted. 90-Z-19; 5501 North High School Road (east of site), Rezoning of 17.6 acres, being in the A-2 District, to the SU-2 classification, to provide for the development of an elementary school, approved. 98-V3-68; 6315 West 56th Street (north of site), Variance of use of the Dwelling Districts Zoning Ordinance to provide for alcohol sales in a convenience store being 20 feet from a protected district, denied. 2003-ZON-039; 6251 West 56th Street (northeast of site), Rezoning of 6.56 acres, being in the D-A District, to the PK-2 classification, to provide for neighborhood commercial / retail uses, approved. 2004-APP-039; 6225 West 56th Street (northeast of site), Park District-Two Approval related to 2003-ZON-039 to provide for a 30,278-square foot integrated center with a 27-foot tall, 200-square foot pole sign, approved. 2010-APP-022; 6225 West 56th Street (northeast of site), Park District-Two Approval to provide for a 324-square foot outdoor seating area, approved. 2010-UV3-017; 5540 North High School Road (north of site), Variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for a parking lot and trash container enclosure for an existing gasoline station, with an interior access drive, with a front setback of six feet from the existing right-of-way, encroaching fourteen feet into the proposed right-of-way of High School Road, an interior access drive, parking area and trash container enclosure with a 3.5-foot south side setback and a parking area with a zero-foot north side setback, granted. 2010-ZON-031; 5540 North High School Road (north of site), Rezoning of 0.356 acre, from the D-6II District, to the C-3 classification to provide for parking, withdrawn. LWC

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51

2017-SE2-002; Location Map

52

2017-SE2-002; Existing Site Plan

53

2017-SE2-002; Proposed Site Plan

54

2017-SE2-002; Plan of Operation

55

2017-SE2-002; Photographs

Photo 1: Existing building, looking west, from High School Road.

Photo 2: High School Road, looking north, toward the gas station.

56

Photo 3: Across the street from the site, looking east, toward the school.

Photo 4: High School Road, looking south, toward the residential area.

57

Photo 5: Area proposed for parking lot, looking west.

Photo 6: North side of the building, looking south.

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Photo 7: West side of the building, looking southeast.

Photo 8: Existing tree and brush line along the western property line, looking west.

59

Photo 9: Existing tree and brush line along the western property line, looking north.

Photo 10: Existing landscaping along the southern property line, looking northeast.

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STAFF REPORT



Case Number: 2018-DV1-010 (AMENDED) Address: 2218 (2226, 2230 and 2234) Central Avenue (approximate address) Location: Center Township, Council District #11 Zoning: D-8 Petitioner: Comodore Davis, by Joe Smoker Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for three, two-unit townhomes, with zero-foot side setbacks, on six lots, with three lots having ten feet of lot width and frontage (20 feet required), one lot providing 54% open space (55% required), two lots providing 20-foot front yard setbacks (25-foot front yard setbacks required), one lot providing an 18-foot front yard setback (25-foot front yard setback required), and detached garages with 2.5-foot side setbacks (four-foot side setbacks required).

ADDENDUM FOR JUNE 5, 2018 This petition was continued from the May 1, 2018 hearing, to the June 5, 2018 hearing at the request of the petitioner’s representative. The updated site plan, file-dated May 11, 2018, includes several major differences from the previous version. The lot frontages have been reconfigured to provide three lots that are 30-feet wide and three that are 10-feet wide. The rear dwelling units have cantilevered overhangs. Walkways leading to the entrances of the rear units and between the front units and their associated garages are clearly shown. These changes require two new variances to 1) provide 54% open space on one lot (where 55% is required), and 2) provide two lots with 20-foot front yard setbacks and one lot with an 18-foot front yard setback (where 25-foot front yard setbacks are required). The changes reflected in the site plan file-dated May 11, 2018 reduce the lot width and frontage variance request by increasing the amount from five feet to ten feet (where 20 feet is required). The increased frontage of the proposed lots for the rear units, and the updated configuration of their front entrances, would increase visibility of their entrances for access by emergency responders. However, the lot width and street frontage would still be deficient from the Ordinance requirements. Lot width and frontage serve important purposes of orderly development and providing direct access between a right-of-way and a property. Critically, the proposed lots 1) do not follow the historic development pattern of the neighborhood, 2) would create hardships for future development to meet setback requirements in the Ordinance, and 3) would diminish or negate the purposes of lot width and frontage requirements in the Ordinance. The petition includes two additional Findings of Fact, file-dated May 11, 2018, that relate to these additional variance requests. The front yard setback Findings of Fact sufficiently meet the criteria. The open space Findings of Fact are insufficient per Criterion Three. The response to Criterion Three does not establish a practical difficulty to support developing new construction on the undeveloped site without meeting the required open space.

(Continued)

61

STAFF REPORT 2018-DV1-010 (Continued) Staff is supportive of the requested variance to permit a smaller front yard setback than required because the dimensional standards in the Ordinance require a greater setback than the historic development pattern of the neighborhood. The two houses south of the subject site were constructed with significantly greater front yard setbacks than the historic houses north and across the street from the subject site. Staff continues to recommend denial of all other requested variances in this petition. May 1, 2018 RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

The subject site includes three vacant lots zoned D-8. Single-family and two-family dwellings, also zoned D-8, surround the subject site in each direction.

The D-8 zone does not require a minimum lot area, but does require a minimum lot width and street frontage of 20 feet for single-family attached dwellings. The subject properties are current 40 feet wide.

The subject site is within the compact context area; a minimum four-foot side-yard setback is required.

The Comprehensive Plan recommends medium-density single-family residential development with a density of 6-15 units per acre. The proposed development would establish 15 units per acre.

LOT WIDTH & LOT FRONTAGE

The development would split the existing three lots into six lots with irregular shapes. Three of these six lots would have 35 feet of lot width and street frontage; the other three would have five feet of lot width and street frontage.

Lot frontages provided unobstructed, direct access between a right-of-way and a property. This requirement of the ordinance relates to orderly aesthetic development and plays an important role in emergency situations.

(Continued)

62


Staff finds that the proposed configuration of dwelling units would make access for emergency responders unnecessarily difficult, thereby imperiling the safety of residents and responders. The front door of the rear unit would not be readily visible from the street. For example, access to Unit Two on Lots Eight and Nine would have to be provided from the south or west, as access from the east or north would require trespassing on the property of Unit One. Fences that would be permitted by the Ordinance would make visibility worse. Elevations of the proposed buildings have not been submitted to the file.

SETBACKS

Four of the six dwelling units would have zero-foot side setbacks. The detached garages are grouped in pairs sharing a party wall. The three pairs would provide side setbacks of 2.5 feet.

Setbacks within a given plot of land serve several purposes including: o Access for maintaining building exteriors without trespassing into adjacent properties; o Orderly development; o Storm water runoff management; o Areas for landscaping/green space.

Staff finds that the proposed setback variances would negate the referenced purposes of the setback requirements in the Ordinance.

FINDINGS OF FACT

Criterion Three in the Findings of Fact for the petition states, “THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL RESULT IN PRACTICAL DIFFICULTIES IN THE USE OF THE PROPERTY BECAUSE.” The petitioner’s response is, “The proposed layout was established to allow modern living in an urban environment. The zero-foot side setback is required as the townhomes are not completely side-by-side, but provide for a front/back layout. The subject setback reduction would otherwise be a common party wall within a traditional side-by-side townhome. The reduced lot frontage and width allows both units access to the street, alley and garage as well as having 4 exposed sides for light and air and useable outdoor space. The garage setback reduction allows for a standards 1-car garage with some additional storage space.”

Staff finds that the petitioner’s response to Criterion Three does not successfully establish a practical difficulty for using the property caused by the terms of the Ordinance. The Ordinance limits development in intentional ways to protect the public health, safety, morals, and general welfare. These limits do not prevent the petitioner from using the subject site as it is presently zoned.

Furthermore, the proposed configuration would create substandard lots, contradictory to the standards for platting which promote the establishment of side lots at right angles to street lines whenever possible. This site has no practical difficult preventing the establishment of lot lines at right angles to Central Avenue.

(Continued)

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STAFF REPORT 2018-DV1-010 (Continued) GENERAL INFORMATION EXISTING ZONING AND LAND USE

D-8 Vacant lot SURROUNDING ZONING AND LAND USE

North - D-8 Single-family dwelling South - D-8 Single-family dwelling East - D-8 Single-family and two-family dwellings West - D-8 Single-family and two-family dwellings

COMPREHENSIVE LAND USE PLAN The Plan recommends medium-density single family

residential development, with a density of six to fifteen units per acre.

THOROUGHFARE PLAN Central Avenue is classified as a primary arterial. The

existing right-of-way is 55 feet with 72 feet proposed. SITE PLAN File-dated May 11, 2018. (AMENDED)

FINDINGS OF FACT File-dated April 6, 2018 and May 11, 2018. (ADDED)

ZONING HISTORY - SITE None. ZONING HISTORY – VICINITY 2015-HOV-015: Multiple Addresses including 2221 and 2225 (three lots, total) N. New Jersey

Street (west of subject site), requests a variance of development standards of the Dwelling Districts

Zoning Ordinance to provide for off-site accessory structures, with zero-foot side and aggregate side

yards on multiple sites (on-site accessory structures required, four-foot side and 10-foot aggregate

side setbacks required); granted.

61-V-305: 2201 Central Avenue (southeast of subject site), requests permission to install and use

an off-street parking lot accessory to the adjoining Masonic lodge building, with surface paving as

required by law and surrounded by a protective fence and landscaping; granted.

CAM * * *

64

2018-DV1-010: Location Map

65

2018-DV1-010: Amended Site Plan

66

2018-DV1-010: Previous Site Plan

VOID

67

2018-DV1-010: Photographs

Photo 1: Front yard of neighboring property (2240 Central Ave.) looking south toward subject site.

Photo 2: Front yard of neighboring property (2218 Central Ave.) looking north towards subject site.

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Photo 3: Adjacent properties north of subject site.

Photo 4: Adjacent properties south of subject site.

69

Photo 5: Looking east across Central Avenue from approximate center of subject site.

Photo 6: Looking north along rear alley from the southern edge of the subject site.

70

Photo 7: Front elevations of adjacent properties across the rear alley (west of the subject site).

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STAFF REPORT


Current Planning Section Case Number: 2018-UV1-005 (AMENDED) Address: 3320 North Arlington Avenue (approximate address) Location: Warren Township, Council District #13 Zoning: D-4 Petitioner: Adeshola Afolabi, by Khaleel Ifamimikomi Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for a home care office (not permitted), a zero-foot setback along 33rd Street and a two-foot west side setback (18-foot front setback and four-foot west side setback required).

ADDENDUM FOR JUNE 5, 2018 This petition was continued from the May 3, 2018 hearing, to the June 5, 2018 hearing at the request of the petitioner. Amended Petition: This petition was amended to remove the request for the Variance of development standards to provide for a 55-foot wide parking area and access aisles with a four-foot front setback from Arlington Avenue, (maximum 30-foot wide parking area). The original petition was amended after the submittal of an amended site plan showing reduced parking areas. Additional notice would not be needed, as the request would now deviate less from the Ordinance than the original notice. The petitioner provided a new site plan showing a reduction of parking spaces. No amended plan of operation was provided. The amended site plan did reduce the amount of parking to three spaces as shown, and removed the parking area in the front yard of Arlington Avenue. However, the plan of operation still indicates approximately four to six employees, and five to eight cars maximum on site. Therefore, additional parking would be required on East 33rd Street. The amended site plan indicates existing gravel would be used for the parking areas. Gravel parking is allowed in Dwelling districts for less intense residential uses. The use of gravel parking areas in Commercial districts are always a cause for concern because of potential impacts upon surrounding property and public rights-of-way. Gravel parking can generate dust that can leave the site and inundate surrounding property. Furthermore, loose stones can enter the public right-of-way and become a hazard for passing vehicles and accelerate the deterioration of street surfaces. Staff continues to be concerned with the intrusion of a commercial office operation into an established residential neighborhood.

(Continued)

72

STAFF REPORT 2018-UV1-005 (Continued) The presence of a commercial use on the subject site would have an adverse and detrimental impact on the single-family dwellings adjacent to the site and further south. For this residential neighborhood to remain viable, it would be important to protect these dwellings from more intense use by not permitting commercial uses to encroach south along Arlington Avenue within proximity to dwellings.

The proposed use could be more appropriately located on sites zoned to accommodate a home care or medical office, with parking that would have adequate separation without impacting adjacent residential dwellings. Consequently, an unusual and unnecessary hardship does not exist and the existing site could continue to be used as a single-family dwelling without any adverse impact upon surrounding property owners. Therefore, Staff continues to recommend denial of the petition as amended. ADDENDUM FOR MAY 1, 2018

This petition was continued from the April 3, 2018 hearing, to the May 1, 2018 hearing at the request of the petitioner. No new additional information has been submitted to the file. Staff continues to recommend denial of the petition as proposed. April 3, 2018 RECOMMENDATIONS

Staff recommends denial of this petition.

SUMMARY OF ISSUES

The following issues were considered in formulating the recommendation:

LAND USE

The 0.29-acre lot is zoned D-4 and is currently improved with a single-family dwelling, a detached garage and a shed. To the south and west are single-family dwellings in the D-4 zoning district. To the north are commercial uses in the C-4 zoning district. To the east are single-family dwellings in the C-3 zoning district.

As proposed, a home care office and associated parking would take place on the site. The paved and striped parking lot would be 55-foot wide and have a four-foot front setback from Arlington Avenue, a zero-foot setback along 33rd Street and a two-foot west side setback.

VARIANCE OF USE

According to the site plan and plan of operation, the existing garage would be renovated to accommodate the home care office with approximately six employees, and an expanded parking area to accommodate an additional ten parking spaces.

(Continued)

73


The proposed use for a home care office would be permitted in all commercial districts, mixed-use districts and in the I-1 District, all of which would require certain development standards designed to minimize the impact of a more intense use on the surrounding residential development.

The presence of a commercial use on the subject site would have an adverse and detrimental impact on the single-family dwellings adjacent to the site and further south. For this residential neighborhood to remain viable, it would be important to protect these dwellings from more intense use by not permitting commercial uses to encroach south along Arlington Avenue within proximity to dwellings.

Additionally, approving commercial uses in residential districts, while nearby commercial centers languish with vacancies and underutilization decreases their long-term viability.

The proposed use could be more appropriately located on sites zoned to accommodate a home care or medical office, without the need for a use variance. Consequently, an unusual and unnecessary hardship does not exist and the existing site could continue to be used as a single-family dwelling without any adverse impact upon surrounding property owners.

The United North East Neighborhood Plan recommends low density residential development. The United North East Neighborhood Plan anticipates the preservation of the residential nature of the neighborhood south of East 33rd Street, and limits commercial uses to the area north of East 33rd Street in this area. Therefore, the proposed location of a commercial use in this area would be counter to the Comprehensive Plan, and would degrade the quality of life for the area residents.


The request for a 55-foot wide parking area and access aisles with a four-foot front setback from Arlington Avenue, a zero-foot setback along 33rd Street and a two-foot west side setback, is a cause for concern because of the potential impacts upon surrounding property owners. The excessive sized parking area would unnecessarily increase the amount of impervious surface, without adequately addressing drainage. The excessive sized parking area would inundate surrounding properties with run-off associated with the paved parking area, and have negative aesthetic impacts.

In appropriately zoned districts, the required front setbacks within the Compact Context Area would range from 10 feet in the C-1 District to 30 feet in the I-1 District, and the required side transitional setback would be 10 feet in all districts. The lack of appropriate setbacks is one indication that the proposed use would not be appropriate for this residential site and the adjacent residential properties. At a minimum, substantial setbacks should be provided to separate this commercial use from the existing residential quality of the area.

As proposed, the request would not be supportable, as it would not be consistent with the recommendations of the corridor plan, and would not provide sufficient setbacks, screening and separation.

(Continued)

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D-4 Single-family dwelling

SURROUNDING ZONING AND LAND USE

North - C-4 Commercial uses South - D-4 Single-family dwellings East - C-3 Single-family dwellings West - D-4 Single-family dwellings

NEIGHOBRHOOD PLAN The United North East Neighborhood Plan (1998) recommends low density residential development.

THOROUGHFARE PLAN This portion of North Arlington Avenue is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary arterial, with a 45-foot existing and proposed half right-of-way.

This portion of East 33rd Street is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 25-foot existing and proposed half right-of-way.

SITE PLAN (AMENDED)

PLAN OF OPERATION

File-dated May 21, 2018.

File-dated February 14, 2018.

FINDINGS OF FACT File-dated February 14, 2018. ZONING HISTORY 2003-ZON-101; 3325 & 3385 North Arlington Avenue (east of site), requested the rezoning of 3.275 acres from C-7, C-3 & D-3 to the C-S classification to provide for and to legally establish an electrical contracting business and all C-4 permitted uses, approved. 99-Z-197; 3231 North Arlington Avenue (south of site), requested a rezoning of 1.46 acres from C-3 to C-S to provide for a self-storage facility, and C-3 uses, approved. 97-Z-206; 6105 East 34th Street (northeast of site), requested a rezoning of 5.0 acres from the D-3 District, to the C-S classification to provide for an excavating and sewer construction business, approved. 94-UV3-66; 3334 North Arlington Avenue (north of site), requested a variance of use from the Commercial Zoning Ordinance to provide for an automobile rental business within an existing 1,393 square foot commercial center zoned C-4, with rental vehicles parked indoors during non-operating hours, granted.

RU * * * * * * *

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STAFF REPORT 2018-UV1-005 (Continued) 2018-UV1-005: Location Map

76

2018-UV1-005: Amended Site Plan

77

2018-UV1-005: Original Site Plan

78

2018-UV1-005: Plan of Operation

79


View of existing subject site, looking southeast.

View of existing garage on subject site, looking south.

80

View of Arlington front setback, looking south.

View of zero-foot front setback along East 33rd Street, looking west.

81

View of south setback, adjacent to single-family dwelling to the south, looking west.

Adjacent single-family dwelling to the south of site, looking west.

82

Adjacent single-family dwelling to the west of site, looking south.

Adjacent single-family dwellings to the east of site.

83

STAFF REPORT


Current Planning Section Case Number: 2018-UV1-010 Address: 4600 and 4620 West Southport Road (approximate address) Location: Decatur Township, Council District #20 Zoning: D-A (FW) (FF) and D-3 (FW) (FF) Petitioner: Harold ‘Jay’ Sandefur, by Jeffrey M. Bellamy Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for a camping, fishing, boat slip, recreation and small-scale outdoor event location, with accessory sale of fishing and camping supplies and limited storage of off season RVs, campers and small boats, with leasing of canoes and kayaks, and including treehouse cabins, rustic cabins (tiny house style) and a recreational zip line (not permitted), and to provide for a six-foot tall privacy and security fence in the front yard (maximum 42 inches permitted).

This petition was continued from the from the April 3, 2018, hearing to the May 1, 2018 hearing at the request of a registered neighborhood organization. This petition was continued again, from the May 1, 2018 hearing, to the June 5, 2018 hearing at the request of the petitioner. The petitioner has indicated they will be requesting another continuance from the June 5, 2018 hearing, in order to provide additional information to the file. Staff has no objection to the continuance request. RU *******

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STAFF REPORT


Current Planning Section Case Number: 2018-UV1-012 Address: 3760 Cold Spring Road (approximate address) Location: Wayne Township Township, Council District #8 Zoning: MU-1 Petitioner: Marian University, by Andrew Livingston Request: Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for one of two sign options: Option A – two, 11.25-foot tall 206-square foot off-premise signs (not permitted); Option B – one sign, 18.2-foot tall, 148-square foot off-premise sign (not permitted), per plans filed.

The petitioner filed for auto continuance, this petition has been continued from the May 1, 2018 BZA 1 meeting to the June 5, 2018 BZA 1 meeting. No new information has been provided. RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 1.19 acre site, zoned MU-1, is currently undeveloped.

The subject site has an apartment complex to the north (D-6II), outdoor park space to the south and east (PK-1), and university zoning / uses to the west (MU-1). The site to the west was granted a variance to allow a 25-foot tall, 262.5-square foot sign. The Comprehensive plan recommends office uses for the subject property.

VARIANCE OF USE

This request would provide for either one of two off-premise sign designs, neither of which are permitted in the MU-1 district. Sign Option A is a 148-square foot, masonry sign with a height of 18.2-feet. Sign Option B is two, 206-square foot signs (412 total), with heights of 13.11-feet.

Off-premise signage regulations state that signage closer than 300 feet to a protected district is prohibited. Protected districts include dwelling districts and park districts. The proposed signage would be roughly 135 feet from a dwelling district and 580 feet from a park district.

The Ordinance states that if otherwise permitted, off-premise signs may not be located within 1,000 feet of any other outdoor advertising sign or sign structure.

(Continued)

85


The sign would not be within the clear sight triangle of 38th Street and Cold Spring Road. USE FINDINGS OF FACT

The approval will not be injurious to the public health, safety, morals, and general welfare of the community.

o The location and placement of either sign option will not create any safety issues or otherwise be injurious to the general welfare of the community. This criterion has been met.


o The use and value of the adjacent properties will not be affected negatively by the addition of signage that would be shorter than the signage for the adjacent property to the west. The signage would also be located on a downward slope from their shared property line and the road, creating clear line of site from the offices to the roads. This criterion has been met.

The need for the variance arises from some condition peculiar to the property involved. o There is nothing unique about the property that prevents it from being developable per

its designated zoning. This criterion has not been met.

The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought.

o If developed, this site would be permitted to have a sign. This criterion has not been met.

The grant does not interfere substantially with the comprehensive plan because: o An off-premise sign, larger than the permitted, near protected district would be contrary

to the plan recommendation for office use, which generally encourages a buffer or a transitional use. This criterion has not been met.


MU-1 Vacant SURROUNDING ZONING AND LAND USE

North - D-6II Residential Structures / Apartment Complex South - PK-1 Outdoor Park Space East - PK-1 Outdoor Park Space West - MU-1 Commercial Structure

LAND USE PLAN The 2006 Wayne Township Comprehensive Plan

recommends single office use or integrated office development.

(Continued)

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STAFF REPORT 2018-UV1-012 (Continued) THOROUGHFARE PLAN Cold Spring Road is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a primary collector, with 104-foot existing right-of-way and 104-foot proposed right-of-way.

38th Street is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary arterial, with 132-foot existing right-of-way and 132-foot proposed right-of-way.

SITE PLAN File-dated March 20, 2018. PLAN OF OPERATION File-dated March 20, 2018. FINDINGS OF FACT File-dated March 20, 2018. ZONING HISTORY - SITE 90-HOV-14; 3750 / 3760 Cold Spring Road, Variance of development standards of the Sign Regulations to permit an off-premise advertising sign from February 1990 to May 13, 1990, granted. 99-HOV-6; 3710 Cold Spring Road, Variance of development standards of the Sign Regulations to permit three off-premise, temporary, free-standing signs, granted. ZONING HISTORY – VICINITY 2005-DV2-014; 3750 Cold Spring Road (west of site), Variance of development standards of the Sign Regulations to permit the a 25-foot tall, 262.5-square foot pole sign located 130 feet from a protected district, granted. PS

*******

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2018-UV1-012; Location Map

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2018-UV1-012; Site Plan

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2018-UV1-012; Sign Designs

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2018-UV1-012; Findings of Fact

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2018-UV1-012; Photographs

Photo of the Subject Property (3760 Cold Spring Road).

Photo of the proposed location of the sign.

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Photo of the subject property looking southwest to the neighboring property. The building seen is the

real estate business located on the neighboring property.

Photo from the neighboring property looking northeast into the subject property.

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STAFF REPORT


Current Planning Section Case Number: 2018-UV1-015*** Address: 1336 East Washington Street (approximate address) Location: Center Township, Council District #17 Zoning: C-4 Petitioner: AM Holdings, LLC, by Brian J. Tuohy Request: Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for an environmental contractor business (not permitted). A registered neighborhood organization filed a timely automatic continuance for this petition from the May 1, 2018 hearing to the June 5, 2018 hearing. This request only requires the Board’s acknowledgment. Subsequently, the petitioner requested withdrawing this petition. This request only requires the Board’s acknowledgment. CAM * * *

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STAFF REPORT


Current Planning Section Case Number: 2018-DV1-013 Address: 11415 Knollridge Lane (approximate address) Location: Warren Township, Council District #19 Zoning: D-6II Petitioner: BKS 354 LLC, by Brent Bennett Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a 15-foot tall, 14-square foot pylon sign, (maximum four-foot tall ground sign permitted).

RECOMMENDATIONS

Staff recommends denial of the request. Amended Petition: This petition was amended to remove the request for the Variance of development standards to provide for a sign, within 10 feet of an existing freestanding sign on a 460-foot frontage (maximum one four-foot tall ground sign permitted, 300-foot separation and 600 feet of frontage required for two signs). The original petition was amended after the docketing of the petition, when the petitioner indicated that the existing sign would be removed. Additional notice would not be needed, as the request would now deviate less from the Ordinance than the original notice. SUMMARY OF ISSUES

The following issues were considered in formulating the recommendation:

SIGN REQUEST

This request would provide for a 15-foot tall, 14-square foot pylon sign.

The Sign Regulations “facilitate an easy and agreeable communication between people...and serve an important function.” The purpose of the Sign Regulations is to “eliminate potential hazards to motorists, and pedestrians; to encourage signs which, by their good design, are integrated with and harmonious to the buildings and site which they occupy; and which eliminate excessive and confusing sign displays.”

The subject site is zoned D-6II and is currently improved with a multi-family dwelling development. The subject site is surrounded by commercial uses to the west in the D-5 district, to the south in the C-5 district, and to the east in the C-3 district. The Cumberland Comprehensive Plan recommends residential uses for the site.


Standards of the Sign Regulations are intended to promote quality sign displays that are integrated with developments and reduce potential hazards to pedestrians and motorists. These standards include lighting, size and setback limitations. (Continued)

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According to the Assessor’s records, this site has existed as a multi-family dwelling complex since approximately 1970, without the need for a 15-foot tall, 14-square foot pylon sign. No practical difficulty in the use of this property would result from denial of this variance request. The petitioner’s proposed findings indicate the proposed sign is needed because the height regulations of four feet hinders the property from being found.

There is no practical difficulty that would warrant the proposed deviation, as the existing permitted freestanding sign has no physical barriers that prevent the community from identifying the sign. There is no reason that the existing sign could not continue to be used, as it identifies an entrance to the development, which provides street access to the sites buildings and parking areas.

The strict application of the Sign Regulations does not prohibit the use of the property for its intended use, or limit the site’s ability to provide adequate signage.

In staff’s opinion, the proposed sign, in an area with a significant number of signs, would degrade the quality of life in the area and because there is no practical difficulty that would justify the proposed sign, staff recommends denial of the request.


D-6II Multi-Family Development

SURROUNDING ZONING AND LAND USE

North - D-6II Multi-Family Development South - C-5 Commercial retail East - C-3 Commercial retail West - D-5 Commercial retail

COMPREHENSIVE PLAN The Cumberland Comprehensive Plan recommends residential uses for the site.

THOROUGHFARE PLAN Woodlark Drive and Knollridge Lane are not indicated on the

Official Thoroughfare Plan. This portion of East Washington Street is indicated as a primary arterial on the Official Thoroughfare Plan, with a 50-foot existing and proposed half right-of-way.

SITE PLAN

SIGN ELEVATION PLAN

FINDINGS OF FACT

File-dated April 25, 2018



(Continued)

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STAFF REPORT 2018-DV1-013 (Continued) ZONING HISTORY 2013-UV1-047; 11200 East Washington Street (west of site), requested a variance of use and development standards of the Commercial Zoning Ordinance to legally establish a motel, with a dwelling unit for the management and family, and a 384-square foot deck, with a one-foot north side transitional yard and an approximately 14-foot front transitional yard along Monroe Street, and with a trash container enclosure in front of the established front building line, granted. 2006-VAR-007; 11077 East Washington Street (west of site), requested a variance of development standards of the Sign Regulations to legally establish a 14-foot tall, 60-square foot pole sign, with an 11-foot setback from the existing right-of-way and a variance of use of the Commercial Zoning Ordinance to legally establish a motel, approved. 2005-UV3-031; 11200 East Washington Street (west of site), requested a variance of use and development standards to provide for the construction of a 6,816-square foot auto parts store in C-2, with parking and maneuvering area located within the proposed right-of-way of Washington Street, and with a six-foot tall freestanding identification sign located 65 feet from a protected district, granted. 94-V1-27; 11209 East Washington Street (south of site), requested a variance of development standards of the Sign Regulations to permit an integrated center ground sign of 137.25 square feet along Washington Street being 7 feet in height, a second integrated center ground sign along German Church Road of 68.52 square feet being 6 feet in height and a pole sign, being the third integrated center sign, of 120.58 square feet and also oriented toward Washington Street with pricing information, granted. 93-V1-124; 11461 East Washington Street (south of site), requested a variance of development standards of the Sign Regulations to permit the erection of a 14' by 48' advertising sign replacing an existing advertising sign to a site within two hundred fifty feet of a PK-1 protected district, granted. 81-UV3-46; 11242 East Washington Street (west of site), requested a variance of use and development standards to permit remodeling of existing gas station building for C-3 uses within 100 feet of a dwelling district, approved. RU *******

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STAFF REPORT 2018-DV1-013 (Continued) 2018-DV1-013; Location Map

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2018-DV1-013: Site Plan

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2018-DV1-013: Site Plan (partial)

100

2018-DV1-013; Sign Elevation

101

2018-DV1-013; Photographs

View of proposed sign location, looking west

View of proposed sign location, looking east

102

View of existing sign, looking north

View of adjacent multi-family dwellings to the north, looking west

103

View of adjacent commercial use to the east

View of adjacent commercial use to the south

104

STAFF REPORT


Current Planning Section Case Number: 2018-DV1-014 Address: 329 Lincoln Street (approximate address) Location: Center Township, Council District #16 Zoning: D-5 Petitioner: Glen Shake, by Mark and Kim Crouch Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a single-family dwelling and detached garage, with a 15-foot front setback, two-foot side setback, four feet between dwellings and 50% open space (18-foot front setback, three-foot side setback, 10 feet between dwellings and 60% open space).

Staff is requesting a continuance from the June 5, 2018 hearing, and transfer to the June 18, 2018 hearing of Board III, to allow Staff additional time to review information the petitioner has submitted to the file. RU *******

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STAFF REPORT


Current Planning Section Case Number: 2018-UV1-019 Address: 1620 South East Street (approximate address) Location: Center Township, Council District #16 Zoning: C-3 Petitioner: Arthur Haan, by Jason Wolfe Request: Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for three residential units in an existing building and to provide for three parking spaces in a proposed detached garage (not permitted).

A timely automatic continuance was filed by a registered neighborhood organization continuing this matter from the June 5, 2018 hearing to the July 3, 2018 hearing. This would require the Board’s acknowledgement. RU *******

106

STAFF REPORT


Current Planning Section Case Number: 2018-UV1-020 Address: 334 Lincoln Street (approximate address) Location: Center Township, Council District #16 Zoning: C-1 Petitioner: Glen Shake, by Mark and Kim Crouch Request: Variance of use and development standards of the Consolidated

Zoning and Subdivision Ordinance to provide for primary and accessory single-family residential uses, including, but not limited to a single-family dwelling and detached garage, with a six-foot front setback and a three-foot side transitional setback (10-foot front setback and 10-foot side transitional setback required).

Staff is requesting a continuance from the June 5, 2018 hearing, and transfer to the June 18, 2018 hearing of Board III, to allow Staff additional time to review information the petitioner has submitted to the file. RU *******

Documents

METROPOLITAN BOARD OF ZONING APPEALS · THOROUGHFARE PLAN Emerson Avenue is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary arterial, with a 140-foot