Land Use Report, November 3, 2015

Posted November 29, 2015

MKNA Land Use Committee Meeting Minutes, Tuesday, November 3, 2015, from 6 to 7:30pm.

The MKNA Land Use committee convened at Bethlehem Lutheran Church Lounge (downstairs) to discuss two cases filed during the month of November, and one case that has been continued for several months. Present were: Ivan Barratt, John Bridges, Monica Frost, David Gordon, Eileen Hack, Lynn Smith, and Jeff Wensink.

Approximately four neighbors from Mapleton Fall Creek Neighborhood Association were in attendance to provide feedback for Petition Case #2015-CZN-828/ 2015-CVR-828, 932 East 38 Street.

Below is a summary of recent cases reviewed and their status.

5732 North Broadway Street

Filed for Nicholas and Jennifer Zyromski by James P. Mack (Petition Case #2015-UV3-024)

Variance for use and development standards of the Dwelling Districts Zoning Ordinance to construct a second story dwelling unit (not permitted) in a 23-foot tall detached garage (20 foot permitted).

The Zyrmoskis will be replacing an existing two-car garage with a 2.5-car garage with a second floor living space for their nanny. The garage will be constructed 7 feet off the alley (rather than in the center of the yard) and will be the same height as the neighbor’s garage to the south. The committee recommends approval of the petition. The MKNA Board voted to approve the petition.

932 East 38 Street

Filed for Mohammad Abdullah by David Kingen and Justin Kingen (Petition Case #2015-CZN-828/ 2015-CVR-828).

The petitioner requests to rezone 0.24 acre from D-5 (W- 5) district to C-3C (W-5) classification; and variances for use and development standards of the Commercial Zoning Ordinance to:

Allow minor auto repairs such as tune-up, battery check and replacement, and other light repair at the shop and for interior car wash (not permitted);
Legally establish zero front yards on 38^th Street and Winthrop (10 foot front yards, with landscaping required);
Legally establish zero front west and north transitional yards (15-foot required); and
Legally establish a trash container in front of the established front line of the building (not permitted).

Mr. Abdullah has owned this property for seven years, and his new tenant hopes to operate a tire store. He has withdrawn the request for the car wash. Mr. Kingen presented a list of commitments that included: north and south privacy fence; landscaping; chain off access points to site after operating hours; trash pick-up limited to 9 am to 6 pm , Monday through Friday; no outdoor storage of tires after hours (though they will store them on carts outside during operating hours).

The committee and MFCNA attendees had numerous questions regarding the rezoning petition, variance petitions and the operation of the facility. MFCNA attendees also had questions regarding improvements to the building.

The petitioner requested that we postpone our vote on the petition. They will address concerns they heard during the meeting at December’s Land Use Committee (scheduled for November 30). The petitioner has requested a continuance for their BZA hearing until December 10.

This case is scheduled to be heard by the Metropolitan Board of Zoning Appeals on December 10, 2015 in the Public Assembly Room (second floor) of the City-County Building (200 E. Washington St, Indianapolis).

4838 N Pennsylvania Street

Filed by Gregory Fehribach for Sullivan’s Hardware and Gardens, Inc. (Petition Case #2015-DIV3-039)

Variance of development standards of the Commercial Zoning Ordinance to provide for:

Seasonal outdoor display and storage of bagged goods, in addition to the greenhouse allowed by 2009-DIV—040. Petitioner agrees that the outdoor display will be 10 feet from the west sidewalk during the high landscaping season and 20 feet from the west sidewalk during other times.
Trash enclosure in front of the established building line along 49th St, and a flower product display area (not permitted).
Parking area and bagged goods display and storage area within the driveway clear sight triangles along 49th Street and Pennsylvania Street(not permitted).

The Committee continues to recommend approval of the petition. The MKNA Board voted to approve the petition.

Other Business

Paul Estridge and his team presented tentative plans for their 57th and Central property. There will be three homes that will face 57th Street. Mr. Estridge proposes to restore the original farmhouse. He will remove the addition and barn/garage, and add an addition off the back of the house. Garages for the farmhouse and east lot will be accessed from the alley. The garage for the western lot will be accessed from Central. The lot allotment for the homes considered saving mature trees, and as a result, the western lot is larger than the other two lots; both are below the minimum lot size and will require a variance. Mr Estridge will use an architect to design the home for western lot. Options/plans for the garage and garage door (where it will face) was discussed at length.

Mr. Estridge plans to donate some of the proceeds ($15,000) from the sale of the farmhouse to charity.