Land Use News

The land use committee met on May 7, 2012 at Coburn Place.  Present were Robert Wease, David Gorden, David Smith, Monica Frost and Mary Owens.

The following cases are active:

5208 Delaware St. (Petition #V-MSPC 12-11)/Colby Residence ~ Variances of development standards for a 5 ft. rear setback for an addition to the primary structure that would connect the attached garage (20 ft. required) and a 1 ft. side yard setback for an addition to an existing attached garage (5 ft. required).

(Owens was recused for discussion of this case.)  The proposed addition and garage (standard size for 2 cars) are consistent with other contiguous properties and will not affect nearby neighbors.  All neighbors are supportive and the land use committee recommends approval.

5212 College Ave. (Petition not yet filed)/The Aristocrat Pub and Restaurant 11 variances for parking, expansion of outdoor seating, awning, signage and indoor live music.  The land use committee will schedule a follow-up meeting with the petitioner once the petition is filed and a new site plan showing seating details is submitted.

4628 Central Ave. (Petition #2012-DV2-011) /Elizabeth Aldora ~ Variance for therapeutic massage home occupation.  Petitioner has adequate off-street parking, is a certified massage therapist with only 10 client visits/wk and the accessory structure meets all building and fire codes.  Neighbors are supportive and the land use committee recommends approval.  The case will be continued by the petitioner and will be rescheduled in June before the Board of Zoning Appeals.

3802-3820 College Ave. (Petition not yet filed)/Noni Dhindsa and Jaswan Banwait ~ Rezoning .62 acres from C3-C to C3 to allow for the development of a fueling station and convenience store.  Approximately 25 neighbors attended and the majority voiced concerns or opposition to the installation of gas pumps; the placement of green space, the potential of increased traffic traveling north on Broadway St., the potential for increased noise, litter and loitering, and hours proposed (open 24 hrs.)  The petitioner expressed willingness to negotiate with neighbors on certain conditions.  A follow-up meeting will be conducted soon with neighbors to determine if there are any conditions under which neighbors can become comfortable with this rezoning for a gas station.  After that is determined and once the rezoning petition is filed with DMD, neighbors will meet again with the petitioners.  The proposed site plan and rendering of the store is attached.

5855 Central Ave. (Petition #2012-DV2-009) / Mike and Kelly Caskey

Variance of development standards to provide for the construction of a new two-story single-family dwelling, with a 1.5 ft. north side setback and an 11.83-foot aggregate side setback (minimum six-foot side setback and 16 ft. aggregate required).

Several neighbors attended the land use meeting, including contiguous neighbors residing north and south of subject property.  The land use committee is concerned about the scale and massing of this new home on a 52.5 ft. lot and recommended to the petitioner a 4 ft. setback for the primary residence and a 6 ft. setback for the attached garage to break up the expanse of the 94.33 ft. north wall (with an aggregate side yard setback of 12 ft.).  The committee also requested a sketch be provided of the north elevation.  Mr. Caskey agreed to a 3.5 ft. set back for the full 94.3 ft. wall, but did not agree to the land use committee’s recommended setbacks nor were any dimensional drawings submitted to show the north wall.  The neighbors in attendance are not satisfied with the proposed setback or the lack of elevations.  Therefore, the land use committee recommended denial of this petition unless the stated recommendations for setback and elevations are met.  The case was heard before the Board of Zoning Appeals on May 1^st and voted to approve the amended setback of 3.5 f t. from the north property line.  The land use committee recommends that MKNA join in an appeal of this decision in conjunction with three neighboring families, two of whom are contiguous owners.

Napolese/Gelo - 4901-4917 N. Pennsylvania St., 116-118 E. 49th St.  (Petition # V-MSPC12-01) - Patachou 49th & Penn LLC filed a petition for a variance of development standards to provide for expanded outdoor/café seating along 49th St.  MKNA and the Meridian St. Preservation Commission voted to support this variance.  An automatic continuance was filed by MK Neighbors Helping Neighbors and the case was continued from April 3 to the May 1^st.   The Dept. of Planning filed a continuance to the June 1^st hearing date to allow for interested parties to review an amended site plan.

These cases are now approved:

5251 N. Park Avenue (Petition #2102-DV1-015) / Eileen Hochstetler

Variance of development standards of the Dwelling Districts Zoning Ordinance to provide for

a)    a porch addition, with a one-foot south side setback, creating an approximately three-foot aggregate side setback (minimum required side yards are 13 feet aggregate with no one side yard being less than 5 feet),

b)    a 23.083-foot tall, two-story, 1,722-square foot detached garage, with a 153-square foot deck and stairwell, with an approximately 0.5-foot north side setback and a 3.5-foot aggregate side setback (maximum height of 20 ft. required),

c)    creating an accessory building area of 1,875 square feet or 120.5% of the main floor area of the primary building (maximum accessory building area of 1167 square feet or 75% of the main floor area of the primary dwelling), and

(d) an open space of 61.6% of the total lot area (65% open space req’d.)

The land use committee met at length with this petitioner, who is virtually rebuilding the home by adding a new entrance to the south (overhang creates the minimal setback), enclosing the front porch, changing the roof line and adding a 2 story, detached 3-car garage.  The property owner who will be most affected to the south was present and tentatively in favor of the changes.  Several drawings were submitted.  The following amendments were madeto the petition:  The land use committee recommended approval of variances (a) and (c) above.  We recommend lowering the height of the garage (accessory structure) to the maximum required height of 20 ft. and reducing lot coverage to within the open space requirement.  MKNA upheld these recommendations, the petitioner agreed to them and this case was unanimously approved with these changes by the Board of Zoning Appeals on May 1^st.

3902 N. Park Avenue (Petition #2012-HOV-009) / DAVM Group LLC

Variance of use to legally establish a 6-unit multi-family dwelling.

This property was converted from a double residence to its present 6-unit building several decades ago.  Two nearby neighbors were present at the land use meeting, including one neighbor who owns property directly across 39^th Street.  Both were concerned about lack of on-street parking in the area and trash removal.  All units are 1–bedroom and there is parking provided on-site for 4 vehicles.  The owner/landlord owns two other rental properties within MK and actively screens his tenants and typically leases to single professionals. 

The land use committee recommends approval with the following restrictive covenants attached:

1)    Maximum building occupancy of 8 persons.

2)    Trash receptacles will be rolling bins (not a dumpster) and will be covered and screened in an area north of the parking area.  Trash will be picked up during the hours of 8:00 a.m. to 7:00 p.m. Monday through Friday.

3)    If the property is no longer owned or managed by Mr. Andrew Vinson of DaVm Group LLC, the variance will expire and a new application must be brought forth by new ownership.

MKNA upheld this recommendation and this case was approved by the Hearing Examiner with no remonstrants present on April 24^th.

Calle 52/Glendale Partners Inc. (Petition #2010-DV3-030) – The variance of use and development standards to provide for parking, transitional yard, outdoor seating and landscaping was appealed to the Indiana Supreme Court, which denied its hearing on May 3, 2012.  The case pending before the Attorney General is now Rising Property Management vs. Indiana Alcohol & Tobacco Commission.  Calle 52 is no longer a party to the suit.  RPM is appealing ATC’s action in granting the liquor license.  Once this case is heard by the AG, it may then be appealed again and heard in the Indiana Court of Appeals, where the zoning case was decided.  This will be another lengthy appeals process.

Other land use news:

The Uptown – 4901 College Ave.   A decision on this case should be made by the Federal Bankruptcy Court on June 1, 2012.  If the owner does not satisfy its defaulted mortgage on the property as of that date it will automatically move to a Sheriff’s sale.   

Meridian-Kessler Neighborhood Plan –Information on the planning process can be found at www.MKNA.org under “Planning News”. 

Respectfully submitted,   Mary Owens, Chair, Land Use Committee

Petition # 2012-DV1-015

Nancy Long, on behalf of Eileen Hochsteller, homeowner, filed for a variance of development standards to provide for the construction of a porch addition with a 1.5 foot south side setback and .5 foot side yard and 3.5 foot aggregate setback for the construction of a 2,312 sq. ft. two-story detached garage.   MKNA is holding a land use meeting to review the site plan and obtain feedback from all interested neighbors on this variance request. Details of the meeting are as follows:

Wednesday, April 11^th, 2012, 7:30 p.m.
Bethlehem Lutheran Church, 526 E. 52^nd Street
Fellowship Hall, Lower Level

A copy of the site plan filed with the Dept. of Metropolitan Dept. is will be presented by the petitioner at the land use meeting (not yet received by MKNA).    The Legal Notice of Public Hearing. 

All neighbors are welcome and encouraged to attend.

Petition # 2012-HOV-055

DAVM Group LLC filed for a variance of use to legally establish a six-unit apartment building (presently zoned as D5 or single-family residential).  MKNA is holding a land use meeting to review the site plan and obtain feedback from all interested neighbors on this variance request.    Details of the meeting are as follows:

Wednesday, April 11^th, 2012, 6:15 p.m.
Bethlehem Lutheran Church, 526 E. 52^nd Street
Fellowship Hall, Lower Level

Copy of the site plan filed with the Dept. of Metropolitan Development. 

All neighbors are welcome and encouraged to attend.

5855 N. Central Avenue
Petition # 2012-DV2-009

Mike and Kelly Caskey filed for a variance of development standards to provide for the construction of a two-story single family home with a 1.5 foot north side setback and an 11.83-foot aggregate side setback (minimum six-foot side setback and 16-foot aggregate required).  MKNA is holding a land use meeting to review the site plan and obtain feedback from all interested neighbors on this variance request. Details of the meeting are as follows:

Wednesday, April 11th, 2012, 7:00 p.m.

Bethlehem Lutheran Church, 526 E. 52nd Street

Parlor, Lower Level

To view a copy of the petition filed with the Dept. of Metropolitan Development

All neighbors are welcome and encouraged to attend.

The following cases are active:

3802-3820 N. College Ave. and 638-650 E 38th St. (2011-ZON-035)

Oliver Morris, owner of the above parcel, is requesting a waiver of the one-year waiting period to file a petition to rezone the property from C3-C (neighborhood commercial) to C3.  The petitioner filed to rezone the property and was denied by the Metropolitan Development Commission on August, 17, 2011. The waiver will be heard before the MDC at its 3-21-12 scheduled meeting.  There is a party interested in purchasing the property and rezone it in order to develop a gasoline station/convenience store on this 2 acre site.   Three members of the land use committee met with a group of interested neighbors, including Coburn Place, to review a preliminary site plan showing the Revol building being razed.  In its place will be a green space on the corner, up to nine fueling bays and the convenience store in the west end of the former Hollywood Video building.  The Rose Building would remain standing.  It was decided after talking with neighbors and members of the land use committee that MKNA will support this request so that the development plan can be reviewed by neighbors during the spring months when most are not on vacation during the summer.  The City staff planner assigned to this case also supports the waiver. 

Napolese/Gelo - 4901-4917 N. Pennsylvania St., 116-118 E. 49th St.  (Petition # V-MSPC12-01) - Patachou 49th & Penn LLC filed a petition for a variance of development standards to provide for expanded outdoor/café seating along 49th St.  The Meridian St. Preservation Commission voted to support this variance and it will be heard before the Board of Zoning Appeals on April 3rd at 1:00 pm in the Public Assembly Room of the City-County building.

The following case remains pending:

Calle 52/Glendale Partners Inc. (Petition #2010-DV3-030) – The variance of use and development standards to provide for parking, transitional yard, outdoor seating and landscaping was approved by the Board of Zoning Appeals in October 2010.  This decision was appealed by Rising Property Mgmt. and heard before the Marion County Superior Court on May 18, 2011 and was affirmed.  The Indiana Court of Appeals then received the case and it was upheld in January 2012.  Because the judgment wasn't "published" and deemed to be of no legal significance, it is unlikely the Supreme court would hear the case.  Therefore, the issue of zoning should be settled. 

The liquor license hasn’t entered the court system yet.  The Indiana Alcohol & Tobacco (ATC) issued a hearing verdict in favor of Calle 52 and upheld the previous MCABB ruling, which means that the ATC has completed what is termed "Final Agency Action".  In order for the case to move on and be appealed again, it has to enter the legal court system, Rising Property Management (RPM) filed to appeal the ruling to the courts and the Attorney General has been assigned to represent the State of Indiana via the ATC  The case pending before the Attorney General is now Rising Property Management vs. Indiana Alcohol & Tobacco Commission.  Calle 52 is no longer a party to the suit.  RPM is appealing ATC’s action in granting the liquor license.  Once this case is heard by the AG, it may then be appealed again and heard in the Indiana Court of Appeals, where the zoning case was decided.  This will be another lengthy appeals process.

Other land use news:

The Uptown – 4901 College Ave.   This case was heard in Federal Bankruptcy Court on Feb. 6.   The judge allowed for additional time until June 1, 2012 for the property owner to satisfy its defaulted mortgage on the property.   

Meridian-Kessler Neighborhood Plan – Two “Neighborhood Discussions were held in February to gather feedback from neighbors on the form of future development along College Ave. from Kessler Blvd. to 42nd St.  The planning committee will meet on Tuesday, March 13 to review the Neighborhood Plan generated by the City of Indianapolis based on the minutes from these two sessions.  The committee will also plan dates for future discussions.  More information on the planning process can be found at www.MKNA.org under “Planning News”. 

Respectfully submitted,   Mary Owens, Chair, Land Use Committee

Our neighborhood schools SAFE ROUTES TO SCHOOL program coordinators, with the support of MKNA, BTNA, and The MIDTOWN INITIATIVE (three of our leading neighborhood organizations) would like to

ask for your support for a proposed remarking of 49th St from Pennsylvania St on the east to Boulevard
on the west. We would like to move the curbside parking from its current location on the south side of
the street, to the north side of the street, in an effort to provide a “buffer” from traffic for the children
walking to and from school. This would involve moving the centerline along 49th Street to the south
approximately 8 feet and restricting parking on the south side of the street. Parking would be allowed
and encouraged on the north side of the street.

Elementary school students are currently walking and biking to school along this route alone and on “Walking School Buses”. Parents have expressed concern about the narrowness of sidewalks here and the difficulty of keeping groups of children safe from passing vehicles. We believe that providing extra space for pedestrians via a parked car “buffer” is the preferred short-term solution because it can be implemented in a short timeframe, is low-cost, and would have the least impact to residents. Other options, including widening the sidewalk or adding a grass buffer along the north sidewalk, would require either street widening or more extensive parking restrictions.

Before we formally present this request to the city, we are searching for at least a 75% approval from home and business owners with properties abutting 49th St.

If you feel strongly opposed to this effort, or would like an opportunity to discuss it with us, please contact us.

Thanks for your consideration as we strive to make a safer neighborhood for our children!!!

The MKNA Land Use Committee held a land use meeting on Wednesday, Feb. 8 at 7 pm at Patachou’s Administrative Offices at 4923 N. College Ave. (NE corner) to discuss the following petition:

Napolese/Gelo - 4901-4917 N. Pennsylvania St., 116-118 E. 49th St.  (Petition # V-MSPC12-01) - Patachou 49th & Penn LLC filed a petition for a variance of development standards to provide for expanded outdoor/café seating along 49th St.  12 neighbors attended the meeting, including members of the land use committee.  Andi Metzel, attorney representing Napolese, explained that the new space east of Napolese will contain a separate bar/waiting lounge and additional seating area, which should alleviate patrons waiting outside on the sidewalk area.  There will be access to the Napolese Wine Bar internally from the restaurant. Gelo will offer gelato on a walk-up basis and will be a separate seating area from Napolese, which will offer dinner service.  Some neighbors expressed concern about the popularity of these restaurants and increased traffic as a result.    Mary Owens and Clarke Kahlo will talk with the City of Indpls. Dept. of Planning about ways in which we can calm traffic, more clearly mark curbs, on-street parking and crosswalks.  The land use committee voted unanimously to support recommendation of this petition, which was upheld by a unanimous vote of the MKNA board of directors at its Feb. 9 scheduled board meeting.

The following case remains pending:

Calle 52/Glendale Partners Inc. (Petition #2010-DV3-030) – The variance of use and development standards to provide for parking, transitional yard, outdoor seating and landscaping was approved by the Board of Zoning Appeals in October 2010.  This decision was appealed by Rising Property Mgmt. and heard before the Marion County Superior Court on May 18, 2011 and was affirmed.  The Indiana Court of Appeals then received the case and it was upheld in January 2012.  Because the judgment wasn't "published" and deemed to be of no legal significance, it is unlikely the Supreme court would hear the case.  Therefore, the issue of zoning should be settled. 

The liquor license hasn’t entered the court system yet.  The Indiana Alcohol & Tobacco (ATC) issued a hearing verdict in favor of Calle 52 and upheld the previous MCABB ruling, which means that the ATC has completed what is termed "Final Agency Action".  In order for the case to move on and be appealed again, it has to enter the legal court system, Rising Property Management (RPM) filed to appeal the ruling to the courts and the Attorney General has been assigned to represent the State of Indiana via the ATC  The case pending before the Attorney General is now Rising Property Management vs. Indiana Alcohol & Tobacco Commission.  Calle 52 is no longer a party to the suit.  RPM is appealing ATC’s action in granting the liquor license.  Once this case is heard by the AG, it may then be appealed again and heard in the Indiana Court of Appeals, where the zoning case was decided.  This will be another lengthy appeals process.

Other land use news:

The Uptown – 4901 College Ave.   This case was heard in Federal Bankruptcy Court on Feb. 6.   The judge allowed for additional time until June 1, 2012 for the property owner to satisfy its defaulted mortgage on the property.   The two commercial buildings on the NW corner were demolished under orders issued by Health & Hospital Corp. the first week of February.

North Midtown Economic Development Area – The resolution to designate areas within Meridian-Kessler as part of the North Midtown Economic Development Area was approved by the Metropolitan Development Commission on Dec. 21, 2011.  At this point, five neighborhood associations within Midtown (MKNA, BRVA, BTNA, MFC and Midtown) are designating a representative to an Advisory Panel to oversee the Tax Increment Financing (TIF) vehicle that will be capturing incremental tax revenue through increased assessed values in this district.   This panel will also review and recommend projects and infrastructure funded through proceeds from the TIF. Matt Albaugh is recommended to represent MKNA.  The MKNA Executive Board is also nominating Matt Dickerson, a resident with development experience, to serve on the Advisory Panel.  Both of these recommended participants will be voted to represent MKNA at the February 9 MKNA board meeting.   The North Midtown EDA proposed resolution can be accessed via this link:

http://www.indy.gov/egov/city/dmd/pages/home.aspx

Meridian-Kessler Neighborhood Plan – A “Neighborhood Discussion” is scheduled for Thursday, February 16 at 7:00 pm at Bethlehem Lutheran Church to review the Character Area of College Avenue between Kessler Blvd. south to 52^nd Street and other topics including infrastructure and streetscape, alleys, lighting, etc.  The next scheduled Neighborhood Discussion is February 27^th  from 6:30 to 8:00 pm at the College Ave. Library, where the “Character Area on  College Ave. from 49^th St. south to 42^nd St. will be reviewed.  All interested neighbors are invited to participate!  More information on the planning process can be found at www.MKNA.org under “Planning News”. 

Respectfully submitted,   Mary Owens, Chair, Land Use Committee

4901-4917 N. Pennsylvania St., 116-118 E. 49th St.

Petition # V-MSPC12-01

Patachou 49^th & Penn LLC filed a petition for a variance of development standards to provide for expanded outdoor/café seating along 49^th St.  MKNA is holding a land use meeting to obtain feedback from all interested neighbors on this variance request.  The meeting will take place at Patachou’s Administrative Offices located at 4923 N. College Ave., Suite 25 (NE corner) on Wednesday, February 8^th at 7:00 pm.   

PDF Documents

• Copy of the petition.
• Rendering of the outside café seating arrangement.

All neighbors are welcome and encouraged to attend.

Liquor License Application Review Meeting
Wednesday, January 11, 7:00 p.m.

Room Four, a new restaurant located at 4905 N. College Ave., applied for a 3-way liquor license (#RR4928401). The MKNA license review committee will review the merits of this application at a meeting scheduled for Wednesday, January 11 at 7:00 pm at Bethlehem Lutheran Church located at 523 East 52nd St. (use north entrance off parking lot).

All interested neighbors are welcome to attend this meeting to learn more about Room Four and its application. The Marion County Alcoholic Beverage Board will review this application at a public hearing at 9:30 a.m., Room 260, on January 17, 2012 at the City County Building.

(2011-ZON-087)

Evolution Development Group LLC on behalf of Greater Harvest Church Trust LLC (owner) filed a petition to rezone the parsonage north of the church to D-3 (residential) from SU-1 (special use) for future sale purposes.  Neighbors are encouraged to attend an MKNA Land Use meeting on Tuesday, November 8 at 7:00 pm to learn more about this rezoning petition.  The meeting will be held at Bethlehem Lutheran Church located at 523 East 52^nd Street in the lower level meeting room.  Parking is available on the north side of the church.

MKNA’s Land Use Committee seeks input from neighbors to evaluate pending development within our neighborhood, to draft protective covenants and to offer design recommendations.  All neighbors are encouraged to attend.

Neighborhood Meeting: Central Avenue   October 24, 2011

Attendees:  Mary Owens and Alicia Byers, co-chairs; Polly Spiegel, Tom Gallagher, Jim Garrettson, committee members; Kathleen Blackham, Senior Planner for the Department of Metropolitan Development; Judy Goldstein, President MKNA; Clarke Kahlo, MKNHN; and the many wonderful neighbors whose contributions provided the purpose of the meeting (list attached).

After a brief introduction and broad overview of the process of the Meridian Kessler Plan by Alicia, Mary delivered a power point presentation on the specifics of Form Based Code.  She described the need for a comprehensive plan to prevent the current situation of acutely, “ time constrained”,  evaluations for  zoning variances which so often leave the neighbors most affected by these variances feeling they have not had ample opportunity for their concerns to be heard. Since the current comprehensive sub area plan was last revised in 1978 and is out of date, our group of neighbor volunteers, supported by the city’s DMD and MKNA, are attempting to compile the thoughts and concerns of our Meridian Kessler neighbors as we strive to look 20 years ahead to the future of our neighborhood. The process involves two plans.  The first, the “Neighborhood Plan”, consists of the work we are doing at present. Our goal is to compile a “wish list”, or guidelines encompassing the input from neighbors resulting from these smaller sessions. With the professional help of architects and DMD, these guidelines will be translated into a comprehensive Meridian Kessler Plan utilizing the tool of Form Based Code.  With subsequent broad neighbor consensus, the “Neighborhood Plan” will be presented to the Metropolitan Development Commission for approval. If approved, it will serve as the basis for the “Regulating Plan” which is the method by which the Neighborhood Plan may be implemented.   The “Regulating Plan” will be prepared by DMD, with the input of the Meridian Kessler Plan steering committee, and will basically “translate” the Neighborhood Plan into a legal document providing the basis for the “enforceable component” of the document. The Regulating Plan must also be approved by the neighborhood.  When approved by the neighborhood, the Regulating Plan must be reviewed by the City County Council where, if approved, will be filed as THE resource document and reference point (which will overlay the current zoning plan) for all future development within Meridian Kessler. As pointed out by an audience member, variances to this document can still be requested.  However, we have been assured by DMD that this current up to date document, with broad neighborhood support, will carry more weight in variance approvals than our current sub area plan does.

The question was raised by the audience that “special use” zoning variances (such as those allowing the AT&T switching stations, and the current MPA enterprise) should revert back to their original zoning status if and when that particular entity vacates the building.  Kathleen was asked to explore the current statutes, and, if not in current statute, the feasibility of it becoming so.

WHY DO WE CHOOSE TO LIVE HERE?  Neighbors listed:

• Location, location, location!  We enjoy the proximity to the down town, combined with the quieter sensibility of a family oriented neighborhood
• A sense of community/ a celebration of diversity
• An area which is bicycle and pedestrian friendly

As a part of Form Based Code, neighbors indicated they did not feel that every building in each typology must “look alike”, but that there must be a maintenance of “flow” as one looks down the street—with no particular edifice standing out in marked contrast to its neighboring properties. There was support for the maintenance of a general architectural style in facades and setbacks. Support was given for “traffic calming” measures on all our streets consisting of curb bump outs, bicycle lanes, and curbside parking. A request made prior to our meeting addressed the need for a stop sign at 40^th and Central in an effort to ease access by neighbors across that intersection. A request was made to ban chain link fences. A suggestion was made to address signage and its lighting as it impacts private residences. Lighting and paving of alleys also needs to be reviewed.

THE GIRL’S INC. PROPERTY (40^th & Central Ave.):

“Possibilities” for development:

1.  Some type of “shared spaces” concept, consisting of artist studio rentals, or kitchen production/catering space, Non Profits
2. A residential space, perhaps condominiums.  It was mentioned that a second building might have to be constructed to allow a more financially viable enterprise since the listing price for the property is presently $500,000 and renovations for conversion would be costly.  Neighbors shared concern over the setbacks for another building, emphasizing that they would not want to feel “crowded” by an additional building.  They also requested that in the event of an additional building and the attendant increase in traffic flow on the narrow 40^th St, that an ingress/egress point off of Central Avenue might be necessary.
3. High end office space
4. Legal office space
5. St Joan of Arc School extension campus—as the continued success and expansion of the SJA School may require additional space, the question was raised as to the use of the Girl’s Inc building as a campus for the middle school.

“Deal Breakers”

1. No “oddball” groups
2. No public restaurant at that location

ST JOAN OF ARC CHURCH AND SCHOOL (42^nd & Central Ave.):

“Possibilities” for expansion:

1.  It was pointed out that the success of the school as a point of growth for the influx of young families is something to be celebrated by the entire neighborhood.  It is recognized that it is the presence of our young families that contributes greatly to the stability and success of our neighborhood.
2. Could the school expand into the residential housing to the north of the property?
3. Could the school expand into the rectory on Central Avenue?

The concern over increased traffic and parking and the resultant obstruction for homeowners entering and exiting their driveways might be addressed by the support of the city, MKNA, and SJA for increased police monitoring to enforce the resultant 25mph speed zone, and the possibility of curbside parking markings to maintain the accessibility to residential driveways

4.  As above, could the school expand into the vacated Girl’s Inc building?

“Deal Breakers”

1.  A preference that no demolition of current residential housing occur

THE MERIDAN PSYCHOLOGY ASSOCIATES (MPA) BUILDING, 4401 Central Ave.:

“Possibilities” for development:

1. Senior condominiums in the event the building were to be vacated by MPA
2. Other low impact office
3. As MPA has a “use variance”, in the event the building should be vacated by the current enterprise, could there be a provision requiring demolition or reversion back to the original zoning?

“Possibilities” for expansion:

1.  A preference for expansion to the east as opposed to other directions was mentioned
2. A  height restriction must be enforced

“Deal Breakers”:

1.  Neighbors request that no second story expansion be acceptable
2. The question was raised by architects—if the property reverted back to residential and was demolished, with a home built in the space, would a two story home be acceptable?

Neighbors in closest proximity to MPA had the following requests, describing MPA as a “fair” neighbor:

1.  That more outdoor trash cans be provided so that clients did not use neighbor’s trash cans for refuse
2.  That a common outdoor seating area be provided so that clients are not sitting on neighbors’ residential structures
3. Could there be no week-end or late night hours?—Mention was made that this might not be a part of the covenant for the operation of the business, but Mary Owens has agreed to look in to this

Mary Owens indicated she will discuss the above issues with the owners of MPA

Because Form Based Code will allow us to list businesses that we would not, under any circumstance, welcome into our neighborhood, a general list was compiled by the Committee to include:

1. Strip Clubs
2. Cash checking/loan centers
3. Tattoo Parlors
4. Additional gas stations
5. Additional fast food chains
6. Pawn shops
7. Bars

We would discourage:

1. Chain restaurants
2. Specialty multi physician offices
3. Big box retailers

Neighbors are invited to add to this list

Come Participate in a Neighborhood Discussion

How will Meridian-Kessler look and feel in the next 20 years?

Topics Include:

• Neighborhood Planning Discussion for New Zoning Overlay
  • Dialogue regarding non-residential properties along Central Avenue, Including Girls, Inc., St. Joan of Arc Church & School and Meridian Psychological Associates (MPA)
• Proposed North Midtown Economic Development Area Overview

Monday, October 24th
St. Joan of Arc School Gymnasium
7:30 PM

ALL ARE WELCOME!

The MKNA Land Use Committee met at 6:00 p.m. on July 27, 2011 in Fellowship Hall of Bethlehem Lutheran Church located at 526 E. 52nd St.  In attendance were committee members Robert Wease, Tom Gallagher, David Gorden, Bill Blue and Mary Owens.  Absent were Suzann Lupton and Monica Frost.   3 neighbors signed-in and attended the meeting.

The following cases were discussed and are pending:

653 East 52nd St., 5170 N. College Ave.  (Petition #2011-DV1-026) – Garuda Restaurant

Garuda Restaurant LLC filed a variance of development standards to allow for the construction of a 28-seat 288.02 sq. ft. outdoor seating area (not permitted) along 52nd St. with a zero-ft. front setback (minimum 10 ft. front setback required) located 7.17 feet within the right-of-way of 52nd St. (not permitted), with zero off-street parking places (off-street parking places required) and to legally establish a dumpster enclosure and provide for outdoor seating within the 10 ft. west transitional yard (not permitted) within the clear sight triangle (not permitted). MKNA filed an automatic continuance to move the case to the September 6 hearing date.

The land use committee recommends approval based on the neighbors’ consent and with the following suggestions:  (1) Ask the landlord to consider moving the existing dumpster to a different location and consolidate the dumpsters (and trash removal schedule) with Taste and The Red Key.  (2)  Remove one table and screen the outdoor dining area from the handicap parking space with a wooden fence and plantings.  (3)  Petition DPW to repave the alley west of College Ave. (north and south of 52nd St.) and provide better street lighting to encourage residents to access garages off the alley.  This will free up more on-street parking for patrons and improve safety.  The residents also suggested we work with DPW to recommend on-street parking on only one side of Broadway.  We will schedule a meeting with the residents on Broadway to discuss this possibility.

5344 N. Pennsylvania St. (Petition #2011-DV1-027) - Tom Henry Residence

Variance of development standards to provide for the construction of a 8x8 foot hot tub with a 3.5 ft. north side setback and a four-foot rear setback (minimum seven-ft. side setback and five-ft. rear setback required), and a 300 sq. ft. stone deck with a two-ft. north side setback, resulting ina six-ft. aggregate side setback and a zero-ft. rear setback (minimum seven-ft. side setback, 19-ft. side aggregate, five--ft. rear setback required).

The land use committee recommends approval based on the historic development plan established with neighboring garages all established within required setbacks and all neighbors are supportive.

The following cases are completed:  (See previous month report for description of petitions)

664 East 42nd Street (Petition #2011-UV2-011) – Masonic Lodge Building

The land use committee recommended approval of this variance with attached  conditions and the MKNA board voted its support at its July board meeting.  The Board of Zoning Appeals approved the petition on July 12, 2011.

3802-3820 N. College Ave., 638 – 650 E. 38th St. (Petition #2011-ZON-035) The Rose Building, Revol, former Hollywood Video

The land use committee recommended denial of this petition to rezone the property without a development plan.  The committee stated its desire to continue to work with the owner to discuss compatible uses and future development strategy.  The committee would also reconsider this petition if a specific development plan was forthcoming.  The MKNA board upheld the land use committee recommendation and this petition was denied before the Hearing Examiner on July 28.

The following case remains pending:

Calle 52/Glendale Partners Inc. (Petition #2010-DV3-030)

The variance of use and development standards to provide for parking, transitional yard, outdoor seating and landscaping was approved by the Board of Zoning Appeals in October.  This decision was appealed by Rising Property Mgmt. and heard before the Marion County Superior Court on May 18.  The judge ruled in favor of Calle 52 on June 28.  Presently the liquor license is being appealed to the Indiana Alcoholic Beverage Commission and testimony was completed on July 11 with a decision pending

Respectfully submitted,
Mary Owens, Chair, Land Use Committee


 

ZONING NOTICE

Garuda Restaurant ~ 623 East 52nd Street

Petition # 2011-DV1-026

Garuda Restaurant filed a petition for a variance of development standards to provide for the construction of
a 28-seat, 288.02 sq. ft. outdoor seating area (not permitted) with a zero-foot front setback (minimum 10 ft. front setback required) located 7.17 feet within the right-of-way of E. 52nd St. (not permitted), with zero off- street parking spaces (off-street parking required) and to legally establish a dumpster within the clear-sight triangle (not permitted). The MKNA Land Use Committee is holding a land use meeting to discuss this petition with neighbors and the petitioner at Bethlehem Lutheran Church Fellowship Hall (lower level) located on the NE corner of 52nd and Central Ave. on Wednesday, July 27th at 6:00 pm. This meeting precedes Board of Zoning Appeals public hearing scheduled for September 6 at 1:00 p.m.

All neighbors are welcome and encouraged to attend.

The MKNA Land Use Committee met at 6:00 p.m. on July 6, 2011 in Fellowship Hall of Bethlehem Lutheran Church located at 526 E. 52nd St.  In attendance were committee members Robert Wease, Tom Gallagher, David Gorden, Bill Blue and Mary Owens.  Absent were Suzann Lupton and Monica Frost.   24 neighbors signed-in and attended the meeting.

The following cases presently under review were discussed:

664 East 42nd Street (Petition #2011-UV2-011) – Masonic Lodge Building

Dr. D. E. Perkins Sr. filed a petition for a variance of use of the Special Districts Zoning Ordinance to legally establish commercial retail uses (not permitted).  This variance will legally establish the Taste of Philly pretzel shop and allow for future C3-C uses in the lower level retail area of the building with the exception of the following uses:  check cashing or validation service, laundromat, coin operated laundries and dry cleaning, tanning salon, tattoo parlor, tobacco store, variety store, video tape rental or sales. The Church of Christ has occupied this building for 38 years.  The pretzel store has been a good tenant for two years but there have been safety issues arising from customers parking in the restricted area in front of the store and blocking the alley to the west of the building off 42nd St..  The owners of Taste of Philly will post new signage in front of the building and within the store urging customers to use available parking across the street at the College Ave. Library or in the rear of the building which holds 40 spaces (access from College Ave.).  MKNA will ask DPW to consider marking the curb yellow in front of the building and moving the bus stop from the north side of 42nd St. to the south side in front of the library, which will create additional parking in front of the building along College Ave.  The Church will also screen its dumpsters and provide a locking enclosure.  The pretzel store will increase trash removal from bi-weekly to weekly.  Given there were no objections to this petition from neighbors after discussing remedies to parking and trash removal, the land use committee recommends approval of the variance with the above-mentioned conditions.  The Board of Zoning Appeals public hearing is scheduled for July 12, 2011 at 1:00 p.m.

3802-3820 N. College Ave., 638 – 650 E. 38th St. (Petition #2011-ZON-035)
The Rose Building, Revol, former Hollywood Video

Oliver Morris, President of DM Property Mgmt., filed a petition to rezone 3 commercial properties to the C-3 zoning classification for future development.  Two are presently zoned C3-C and one is zoned C2 (The Rose Building).  The first floor of the Rose Building is leased to a beauty supply company and a barber shop.  The former Hollywood Video location has been vacant for over two years and there are problems with litter, loitering, panhandling, etc. at this site.  The owner proposes rezoning the 3 properties (approximately two acres) to the C3 classification in order to market the property as pre-zoned and ready for development.  The land use committee would consider the C3-C classification (Neighborhood Commercial District) for this parcel, which is used in older, urban areas along primary thoroughfares and within walking distance to residential districts.  The C3-C classification would not allow for a single commercial establishment to exceed 8,000 sq. ft. of gross floor area and would not generate substantial vehicular traffic compared to C-3, which would permit more intense uses generating drive-by traffic, such as gas station, convenience store or fast-food restaurants with a drive-through window.  

The land use committee recommends denial of this petition to rezone the property without a development plan.  The committee stated its desire to continue to work with the owner to discuss compatible uses and future development strategy.  The committee would also reconsider this petition if a  specific development plan was forthcoming.  This case is scheduled to be heard before the Hearing Examiner on July 28.  

The following case will be continued:

653 East 52nd St., 5170 N. College Ave.  (Petition #2011-DV1-026) – Garuda Restaurant

Garuda Restaurant LLC filed a variance of development standards to allow for the construction of a 28-seat 288.02 sq. ft. outdoor seating area (not permitted) along 52nd St. with a zero-ft. front setback (minimum 10 ft. front setback required) located 7.17 feet within the right-of-way of 52nd St. (not permitted), with zero off-street parking places (off-street parking places required) and to legally establish a dumpster enclosure and provide for outdoor seating within the 10 ft. west transitional yard (not permitted) within the clear sight triangle (not permitted).  This case is scheduled to be heard before the Board of Zoning Appeals on August 2, 2011.  MKNA will file an automatic continuance to move the case to the September 6 hearing date.

The following case remains pending:

Calle 52/Glendale Partners Inc. (Petition #2010-DV3-030)

The variance of use and development standards to provide for parking, transitional yard, outdoor seating and landscaping was approved by the Board of Zoning Appeals in October.  This decision was appealed by Rising Property Mgmt. and heard before the Marion County Superior Court on May 18.  The judge ruled in favor of Calle 52 on June 28.  Presently the liquor license is being appealed to the Indiana Alcoholic Beverage Commission and testimony was completed on July 11 with a decision pending.

Respectfully submitted,
Mary Owens, Chair, Land Use Committee

ZONING NOTICE

664 East 42nd Street

Petition # 2011-UV2-011

Dr. D. E. Perkins Sr. filed a petition for a variance of use of the Special Districts Zoning Ordinance to legally establish commercial retail uses (not permitted).  The MKNA Land Use Committee is holding a land use meeting to obtain feedback from all interested neighbors on the types of uses, hours of operation, parking and other elements of retail use.  The meeting will take place at Bethlehem Lutheran Church located on the NE corner of 52nd and Central Ave. on Wednesday, July 6th at 6:00 pm.  This meeting precedes Board of Zoning Appeals public hearing scheduled for July 12, 2011 at 1:00 p.m..

All neighbors are welcome and encouraged to attend.

ZONING NOTICE

RE:  3802 – 3820 N. College Ave. and 638 - 650 E. 38th St.

Petition # 2011-ZON-035

Oliver Morris, President of DM Property Mgmt., filed a petition to rezone 3 commercial properties to the C-3 zoning classification for future development.  The MKNA Land Use Committee has scheduled a land use meeting for neighbors to give feedback on the type of development desired (recommended zoning classification, form and orientation of building, uses, hours of operation, etc.)  The meeting will take place at Bethlehem Lutheran Church located on the NE corner of 52nd and Central Ave. on Wednesday, July 6th at 7:00 pm.  This meeting precedes the Hearing Examiner meeting of the Metropolitan Development Commission scheduled for July 28, 2011.

All neighbors are welcome and encouraged to attend.

The following cases are presently under review:

5849 Washington Blvd. (2011-DV1-008) - Bruce and Becky Rougraff residence -

A variance of development standards requested to provide for the construction of an in-ground pool, a concrete pool patio, a pool house, an outdoor fireplace, an attached garage, a hot tub and porches connecting to the existing single-family dwelling

1. creating an accessory use area of 6,785 sq. ft. or 207.2% of the total floor area of the primary building (99.9% of the total floor area of the primary building or 3,270 sq. ft. permitted);
2. providing for a 0.7-ft. rear setback for a portion of the primary building (20 ft. rear setback required for primary dwellings);
3. legally establishing a 0.7 ft. rear setback and a 1.6 foot side setback for the 408-sq. ft. detached garage (five-foot rear setback required for accessory buildings, five-foot minimum side setback required);
4. providing for a four-ft. rear setback and a 1.5 ft. side setback for the pool house (20 ft. rear setback required for primary dwellings, five ft. minimum side setback required), and
5. legally establishing an existing patio with a zero-foot rear setback (minimum four-foot setback required).

The land use committee recommends approval based on the updated site plan discussed in our meeting, which will be filed dated and attached to our approval letter.  Approval of this petition was largely based on reduction in height of the pool house to 23 feet and support offered by all contiguous neighbors.   The committee is concerned about future demolition of neighboring properties and construction of additions or accessory structures that are not consistent with established development patterns within the neighborhood. 

5255 Winthrop Avenue - Developer Town Properties - FOR INFORMATION ONLY

A public hearing is scheduled on a tax abatement request by Developer Town Properties LLC on Wednesday, April 20 at 1:00 p.m. in the Public Assembly Room of the City-County Building.  Developer Town is a software development and consulting company and purchased this 30,000 s.f. building (formerly occupied by ICD), which has been vacant for 14 months.  It is considered an "Eligible Vacant Building" under the abatement statute. 

Construction costs to repair and renovate the building for occupancy by Developer Town are estimated at $350,000.  Anticipated jobs to be created are 25 at $16.83/hr and 10 jobs retained at $26.44/hr.  Staff of the Economic Development Division recommends 100% abatement on the existing assessed value of improvements on the property n the first year and 50% abatement on the assessed value of improvements in the second year, after which time the assessed value will increase above current levels based on the proposed investments associated with the project.  To review the Notice of Public Meeting click HERE.  For more information on the Abatement Statute (IC6-1.1-12) visit the IN.gov web site.

Calle 52/Glendale Partners Inc. (Docket # 2010-DV3-030) -

The variance of use and development standards to provide for parking, transitional yard, outdoor seating and landscaping was approved by the Board of Zoning Appeals in October.  This decision was appealed by Rising Property Mgmt. and the case is scheduled to be heard before the Marion County Superior Court on May 18.

The following cases were completed this month:

Garuda, LLC (Permit #4927611) 653 East 52nd St. - The License Review This two-way (beer and wine) permit request was approved by the Marion County Alcoholic Beverage Board on March 22.  Garuda is now open serving Indonesian cuisine and Heineken (along with other beer & wine options). 

Respectfully submitted,

Mary Owens, Chair, Land Use Committee

Bruce and Rebecca Rougraff filed for a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a 648-sq. ft. in-ground pool, a concrete pool patio, a pool house, an outdoor fireplace, an attached garage, a hot tub and porches connecting to the existing single-family dwelling

1. creating an accessory use are of 6,785 sq. ft. or 207.2% of the total floor area of the primary building (99.9% of the total floor area of the primary building or 3,270 sq. ft. permitted);
2. providing for a 0.7-ft. rear setback for a portion of the primary building (20 ft. rear setback required for primary dwellings);
3. legally establishing a 0.7 ft. rear setback and a 1.6 foot side setback for the 408-sq. ft. detached garage (five-foot rear setback required for accessory buildings, five-foot minimum side setback required);
4. providing for a four-ft. rear setback and a 1.5 ft. side setback for the pool house (20 ft. rear setback required for primary dwellings, five ft. minimum side setback required), and
5. egally establishing an existing patio with a zero-foot rear setback (minimum four-foot setback required).

Elevation Files To View

• Elevation 1
• Elevation 2
• Legal Notice of Public Hearing

The MKNA Land Use Committee invites all interested neighbors to attend a meeting to review these preliminary plans and solicits your input. Details of the meeting are as follows:

Monday, April 11, 2011 - 7:00 p.m.
Bethlehem Lutheran Church
526 East 52^nd St.
Fellowship Hall - Lower Level

MKNA's Land Use Committee seeks input from neighbors to evaluate all pending development within our neighborhood, to draft protective covenants and to offer design recommendations.  All neighbors are encouraged to attend.  This petition is scheduled for a Board of Zoning Appeals Public Hearing on Thursday, May 5 at 1:00 pm in the Public Assembly Room on the second floor of the City-County Building.

NOTICE

The MKNA Land Use Committee is holding a meeting to review the site plan and elevations for a new single
family residence to be constructed at 4821 North Meridian St. Brad Litz, representative on behalf of the
owners, Dr. and Mrs. Robert Weller, will review the plans with all interested neighbors at Bethlehem Lutheran
Church located on the NE corner of 52nd and Central Ave. on Wednesday, March 9th at 7:30 pm. The Land
Use Committee focus will be on lot coverage, setbacks, height, massing, streetscape, and landscaping. This
meeting precedes the Meridian St. Preservation Commission meeting scheduled for Tuesday, March 15 at 4:00
pm at Meridian St. Methodist Church to review the application for a Certificate of Appropriateness.

All neighbors are welcome and encouraged to attend.

Please review the

• Site plan
• Plot map
• Building plans, elevations. 

Wailing Women Win (WWW) Inc.

(Petition #2010-UV1-030) 830 East 38th St. - Variance of use and development standards to provide for a women's homeless shelter, with counseling, pre-employment, substance abuse treatment and other services provided on-site, including a parking area with a zero-foot west setback and an 11-foot north side setback (minimum four foot-setback required).

The land use committee met with Aritha Luster, Exec. Director of WWW, its landlord(s), neighbors and Joyce Moore, MKNA zone delegate. Tony Artis, MKNA Board member and neighbor on Guilford Ave., filled in for David Gorden as land use committee member. Many neighbors were in attendance - some spoke in support and some in opposition voicing concerns of traffic from staff, parking and the risk of housing women with criminal histories. Discussion lasted for two hours and the group agreed that this facility would benefit the women living there to transition back into society in a home-like setting, is convenient to bus lines, etc. and was well managed with sufficient oversight and security. Concern was voiced over the number of homes that are housing more than 4 unrelated persons in the area (legally and illegally) and neighbors pledged to be vigilant in notifying code enforcement if they see violations.

The land use committee recommends approval with the following commitments that shall be recorded with the deed to the property:

1. The variance shall be limited to Wailing Women Win, Inc. only and shall expire upon discontinued use by this organization.
2. Occupancy shall not exceed 10 women (including staff residing in the home) and must meet all Health & Hospital code requirements including occupancy per sq ft.

The board of zoning appeals will hear this case in the Public Assembly Room of the City County building at 1 pm on March 1st.

Garuda, LLC

(Permit #4927611) 653 East 52nd St. - The License Review Committee met with Peter Oomkes, Owner, requesting a permit to offer beer and wine in this fine-dining Indonesian restaurant. Two nearby neighbors came to the meeting after delivering approximately 100 flyers door-to-door. Based on Mr. Oomkes' reputation, desire by his patrons to have a beer or glass of wine with spicy Indonesian food and lack of negative impact perceived by neighbors, the committee recommends approval. This permit request will be heard by the MCABB on February 22 at 9:00 a.m.

Calle 52/Glendale Partners Inc.

(Docket # 2010-DV3-030) - The variance of use and development standards to provide for parking, transitional yard, outdoor seating and landscaping was approved by the Board of Zoning Appeals in October. This decision was appealed by Rising Property Mgmt. and the case is being prepared for court. A court date has not yet been set. The Alcohol Beverage Commission voted unanimously to approve the liquor license under appeal on Feb. 7.

Cultivating Minds, Inc. /DBA Just WIngin' It

(Permit #RR49-27535) 4851 N. College Ave. - Chris Lothery, Proprietor, applied for a beer & wine permit for the Just Wingin' It restaurant located at 4851 N. College Ave. The MKNA board upheld the License Review Committee's recommendation for approval. The MCABB will hear this permit request at its Feb. 22nd hearing.

The Newstand (formerly Northside News Café)

(Permit #RR49 -27354) 5406 N. College Ave. The MKNA Board upheld the License Review Committee to approve this license. The MCABB voted unanimously to approve the license as well at its January 25th hearing.

Respectfully submitted,
Mary Owens, Chair, Land Use Committee

Notice

Liquor License Application
Garuda LLC
653 East 52nd St.

Garuda LLC applied for a license to sell beer and wine at its restaurant  planning to open soon at 653 East 52nd St. (RR49-27611) MKNA's license review committee evaluates new liquor license applications and invites all interested neighbors to attend a meeting with the owner about this license request.  MKNA wants to hear from neighbors about whether or not you believe this license should be granted.     All neighbors are encouraged to attend this meeting - details are listed below:

Wednesday, February 9th at 6:30 p.m.
Bethlehem Lutheran Church
526 East 52nd St.
Fellowship Hall - Lower Level

The restaurant will be open for neighbors to see the interior one hour before the meeting.  This license request will be reviewed by the Marion County Alcoholic Beverage Board at a public meeting on February 22nd at 9:30 a.m. in Room 260 of the City-County building.  Residents are also welcome to attend this meeting to voice your position on this license application.  

• John Bridge, Attorney with Plews, Shadley, Racher and Braun
• Jeanna Chandler, Food & Beverage Manager with Patachou, Inc.
• Novella Nedeff, Associate Clinical Professor, IU School of Law
• Sarah Larkin, President of CANDO! (College Ave. Neighborhood Development Org.) and MKNA Board Member,
• Nora Spitznogle, Operations Manager at Second Helpings
• Mary Owens, Chair of MKNA Land Use Committee and MKNA Board Member

1. Character of the applicant;
2. Reputation of the applicant;
3. The need for such services at the location;
4. The desire to receive such services at the location;
5. Impact of the services on other businesses (not supposed to consider competitive impact)
6. Impact of such services on the neighborhood or community.

There are some other items such as not being closer than 200 feet from a church or school.  In general, the Excise Officer determines those items in advance of the hearing.  The neighborhood's position is heavily weighed and MKNA often gives testimony before the local board.  If any members of the MKNA License Review Committee have a personal or professional conflict to hear any particular case, he or she will recuse themselves from any meeting.

This committee will take a vote as to whether or not it recommends granting the license after all discussion is heard.  The committee's recommendation will be brought to the MKNA Board of Directors for a vote at its next scheduled meeting.  The MKNA board typically meets the second Thursday of each month. 

Respectfully submitted,

Mary Owens, Chair, Land Use

Liquor License Application
Just Wingin' It
4851 N. College Avenue

Just Wingin' It has applied for a license to sell beer and wine at its restaurant located at 4851 N. College Ave. (RR49-27535) MKNA's license review committee evaluates new liquor license applications and invites all interested neighbors to attend a meeting with the owner about this license request. MKNA wants to hear from neighbors about whether or not you believe this license should be granted. All neighbors are encouraged to attend this meeting - details are listed below:

Thursday, January 13th at 6:00 p.m.

Bethlehem Lutheran Church
526 East 52nd St.
Fellowship Hall - Lower Level

This license request will be reviewed by the Marion County Alcoholic Beverage Board at a public meeting on January 18th at 9:30 a.m. in Room 260 of the City-County building. Residents are also welcome to attend this meeting to voice your position on this license application.

4401 Central Avenue (Meridian Psychological Associates) - pending

The Land Use Committee met on Tuesday, September 14 at 7 pm to review a preliminary plan developed by architects to modify and expand the office building at 4401 Central Avenue.  Notices were delivered to neighbors, the College Ave. library and posted on the MKNA website. There has not been a petition filed- this was a meeting to obtain feedback from neighbors.  The majority of neighbors in attendance expressed support for a modest expansion of the facility that would allow for the addition of two more offices.  The additional space would not reduce the number of available parking spaces or remove any trees.

5215 College Ave. (Petition No. 2011-DV3-030 - Calle 52 Restaurant) - pending

This petition for outdoor seating and variance of development standards for parking will be heard by the board of zoning appeals was continued until Oct. 19 at 1:00 pm.   The land use committee recommendation after its initial meeting among the petitioner and neighbors held on July 27 to support the variance was approved by the MKNA Board at its Sept. 9 meeting.  View the Dept. of Metropolitan Development staff report. 

4212 College Avenue (Gold Seal Termite and Pest Control) - pending

Business is not zoned to operate in a C3 district and has numerous health and safety violations.  The City Prosecutor's office recently drafted the complaint and a court date of October 25 at 1:30 pm.  Jackie Nytes, City Councilor, has asked staff within DCE (Dept. of Code Enforcement) to develop new language for legislative changes to strengthen ordinances for stricter code enforcement remedies.  Owner has stated since April that the business will be moving out of the neighborhood.

4124 N. Pennsylvania St. (Lainee James Group Home) - pending

The Needs Assessment to establish a group home for up to 10 boys ages 13-20 was reviewed by DCS (Dept. of Child Services) Regional Council for licensing on September 17, 2010 and its recommendation to obtain a license was denied by a majority vote.  The applicant may further appeal to DCS to obtain its license. 

4923 College Avenue (Petition No. 2010-DV1-039 - The Sinking Ship Restaurant) - complete

This petition for outdoor seating was approved by the Board of Zoning Appeals on Sept. 7.  Interior construction will now commence and the restaurant plans to open late November.  A variance for parking was approved in 2009.  The hearing for a liquor license is pending.