In 2024, the Board of Zoning Appeals heard a total of 23 petitions an decrease from 18 petitions in 2023. Of the 23 petitions, 20 were for Development Standards Variances, while the remaining 3 petitions in were requests for Special Exception Uses requests. The PABD staff continues to evaluate the trends in DSV petitions, and plans to incorporate minor UDO amendments in the upcoming BN District revision to address some of the repeat case types. The most common variance request in 2024 was for relief from the requirement to install sidewalks across the frontage of a property. This came up four different times in 2024, and every instance was in a neighborhood which had primarily developed out several years or even decades ago, and now an empty lot was being developed. The other common variance type was a request to utilize crushed stone or gravel on a portion of a site. These two items will be discussed and considered as potential amendments during the upcoming UDO amendment on the BN district standards.
A request by Second Circle Investments for a special exception use to locate a retail type 2 facility in a BN – Business Neighborhood district at the corner of Twin Lakes Boulevard and McKay Road on parcel #73-11-09-100-137.000-002.
A petition for one Development Standard Variance from UDO 5.44 General Outdoor Storage Standards to allow for a recreational vehicle to be occupied more than 90-days while a home damaged by fire is rebuilt, at 53 East Mechanic Street.
A petition for Special Exception Use approval to allow the Truck Fuel Sales, in the BH - Business Highway district and the RT-OL Racetrack Overlay district, where such a use is not permitted by-right
A petition for Special Exception Use approval under UDO 5.58-Q to permit the use of a pole or pylon sign. Additionally, this subject property is located within the Interstate Corridor and would be subject to those development standards, if approved.
A petition for three (3) development standards variances in the BH- Business Highway district and the Racetrack Overlay District at 3901 N Michigan Road. Specifically, the requested variances are from
Non-Residential Driveway Standards (Width); UDO 5.15-B
General Sign Standards, Pole and Pylon Signs (Area); UDO 5.58-Q-3-c
Commercial Business, Institutional, and Parks & Recreational Sign Standards (Incidental Freestanding sign maximum height); UDO 5.62-Incidental Freestanding Signs
A petition for one development standards variance from UDO 5.11(A)(2) to permit two primary structures on a lot zoned BG - Business General to accommodate 138 workforce residential units for the Eight37 Lofts Development located at 837 Webster Street.
2024-07: A request by Shelbyville Properties, LLC for one (1) development standards variance in the R1 - Single Family Residential district, from the Home Occupation Standards, allowing a home occupation commercial business in excess of 500 sq. ft. at 1934 N. Michigan Road.
A request by GSSR Investments for one (1) development standards variance in the BH - Business Highway district, from the Entrance and Driveway Standards, allowing a driveway in excess of the maximum 36 feet wide.
A request by Bill Rasner for a one (1) development standards variance in the R1- Single Family Residential district, from UDO 5.57-Sidewalk Standards, to allow the construction of a primary structure without the installation of a sidewalk across the front of the property, at 74 East Drive.
A request by Shelby County Commissioners for two (2) development standards variances in the IS- Institutional district from UDO 2.16 Minimum Side Yard setback and UDO 2.16 Minimum Rear Yard Setback, to allow a reduction in the side and rear yard setbacks for the construction of a new maintenance Facility at 25 West Polk Street.
A request by Richard Clouse for one (1) development standards variance in the R1- Single Family Residential district from UDO 5.11-A-1 Density and Intensity Standards, to allow an increase in the maximum lot coverage to construct a new accessory structure at 106 North Knightstown Road.
A request by A3P Logistics Group for one (1) development standards variance in the IG - General Industrial district, from UDO 5.17-A-2 General Fence, Hedge, and Wall Standards, allowing a fence to be installed in a front yard or forward of the front facade of the building, at 1325 Enterprise Drive.
A request by Eye 4 Group for one (1) development standard variance in the BC -Business Central district, from UDO 5.61 Central Business Sign Standard, to allow the installation of a monument sign.
A petition for one development standards variance to allow to build home without the sidewalk
A request by Day by Day Properties for two (2) development standards variances in the BG - Business General district, for property located at 819 E Jackson Street. The variances being requested are from UDO 5.15 Non-residential Driveway Standards, and from UDO 5.44 General Outdoor Storage Standards, allowing the outdoor storage of materials and equipment and the utilization of gravel in this storage area.
A petition for one (1) development standards variances in the BH - Business Highway district, from UDO 5.55 Setback Standards, to allow the trash enclosure have a side yard setback of 4 feet instead of the 10 feet side yard setback prescribed in the ordinance, for a property located at 1400 E SR 44.
A request by Thomas Sundvall for one (1) development standards variance in the R1- Single Family Residential district, from UDO 5.57 Sidewalk Standards, to allow the construction of a primary structure without the installation of a sidewalk across the front of the property.
A request by Stacey Perkins for one (1) development standards variance in the R1- Single Family Residential district, from UDO 5.57 Sidewalk Standards, to allow the construction of a primary structure without the installation of a sidewalk across the front of the property.
A request for two (2) development standards variances for property currently located in the BH- Business Highway district, but with intentions to request a rezone to the IL - Light Industrial district from UDO 5.15 Non-residential Driveway Standards and 5.46 Industrial Outdoor Storage Standards, to allow outdoor storage and the use of gravel instead of concrete/asphalt
A request by Simplot Global Food LLC for one (1) development standards variances in the IG-General Industrial district, from UDO 5.23-A-1, Height Standards - Maximum Primary Structure Height, to allow the construction of a primary structure with a height of 157 ft instead of the maximum height prescribed in the ordinance of 100 feet. This request is for a property located at approximately 3,100 feet west of the intersection of Walser (CR 300 N) and White Oak Court, in the Northeast corner of where Walser Road and the future extension of Tom Hession Drive will intersection, consisting of all of Parcel Number 73-06-24-300-003.000-006 and the western portion of Parcel Number 73-06-24-400-001.000-006 .
A request for one (1) development standards variance from UDO 5.14-C, Entrance and Drive Standards, to all the use of gravel/crushed stone as a material for a parking pad, instead of the prescribed concrete or asphalt.
A request for one (1) development standards variance from UDO 5.55-H-3, to allow the construction of a primary structure within the 25 feet floodplain setback.
A request for two development standards variances; one from UDO 5.08-A-1, Facade Elements to allow the construction of a building without the standard requirement for horizontal or vertical repeating vertical repeating architectural facade elements, and one from 5.08-C-1 to allow the use of metal siding with semi exposed fastener.