BZA Delays Vote on Road Cut


(posted June 17)

A 14 month old town council decision is becoming more like a "bag of worms" today for the Speedway Board of Zoning Appeals.

The complicated issue arose when the town council approved in a 3-2 vote on April 24, 2006 to give Jerry Brattan's property a road cut onto Crawfordsville Road. Councilors Jeff Hartman and Lu Hillmer voted no because they did not think the town had the authority to grant the permit.

M & J Limited Partnership is the correct title of ownership of the old Conrail tracks that parallels Crawfordsville Road on the south side. BZA Chairman Charles Powell provided some history as to why the June 6 vote was to continued to the August 1 meeting. Powell explained when Brattan tried to go downtown to get a road cut permit, he was denied because he was did not fit the guidelines of a commercial parking lot and driveway.

The land is currently zoned residential with some bits of land zoned C-4. These zoning classifications do not permit commercial parking. Powell explained Brattan is seeking a C-3 zoning with a variance not to install a driveway because the vacant land does not function as parking lot all year. It is only open during race events.

It was surrounding residential opposition that caused the BZA to delay the vote so that personal observation could help understand the situation in case the BZA would need to add stipulations to the variance if granted.

Residents claimed the BZA members do not really understand the impact this race parking crowd has upon the residential area when they park in the abandon corridor.

Powell disagreed that he lacked the knowledge, saying he lives in the area and was almost struck down by a car while walking along Speedway Drive.

Gary Larhman opposed the variance. He said he is tired of the drunks and drug users occupying the parking site. He also complained that Brattan rarely maintains the corridor throughout the year and that the tall grass becomes an eyesore to the surrounding residents.

Tom Pierce also opposed the petition saying it was a safety issue to let the cars exit onto Speedway Drive because it too was crowded with pedestrian traffic.

Attorney Robert Lutz, representing Brattan, said the issue needs to be looked at in context. Campers and parking are common place during racing events. The race crowd is filled with drunks, it is not just limited to Brattan's parking area. The drunks and the party goers are not a bigger detriment to the residents and public than the race crowd that parks at the Coke field across from the residents located on 25th Street.

Lutz also read a letter from the police chief supporting the petition, saying it relieved traffic from going north to 25th Street. He also did not feel the need to add an acceleration and deceleration lane on Crawfordsville Road because of the slow moving traffic on race day.

Ed Frazier, resident, supported the road cut and contended an acceleration and deceleration lane was not necessary. Frazier supported the road cut when he was a town councilman.

Merrill Demaree, who is not an immediate adjacent property owner, said the issue is a moot point because the town never had the authority to grant the curb cut.

Powell remarked the BZA is not charged with the duty to review the curb cut. The board's function is to address the land issue.

Department of Metropolitan Development Planner Ryan Hunt said the DMD staff recommended denial for several reasons. He also wanted the petitioner to realize that it is doubtful the Department of Public Works will waive on the road cut standards that Brattan is requesting. He said the DPW ordinances are not zoning ordinances. The DPW and DMD regulate road cuts on major thoroughfares in Indianapolis and the excluded towns. Even if the variance is granted, it does not mean that the DPW will issue a permit for the road cut unless the standards are met.

If the BZA decided to grant the variance, the DMD staff recommended a knee high wall to separate the cars from the pedestrians walking on Speedway Drive.

Hunt also noted the parking lot use is degrading to the Hulman Memorial Boulevard's $3.7 million beautification project.

BZA member Ernest Williams was doubtful that parking 170 cars about ten days of the year could ruin the beautification.

Mike Smith, representing the Hulman Memorial Foundation, supported the petition.

Brattan opposed a permanent fence because he could lose up to 50 parking spots. He also opposed adding extra port-o-pots because he claimed those were not his clients using the neighbors yards.

The BZA decided to observe the situation first hand by holding a public meeting at Speedway Drive and Winton Avenue at 8 p. m. July 28. The public is invited.