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Board upholds floodplain administrator's decision in FLD 2400287 appeal
Summary
The Board of Business Neighborhood Services on July 24 voted to affirm the floodplain administrator's determination in appeal FLD 2400287, finding the appellant did not demonstrate the exceptional-hardship standard; staff noted the Indiana Department of Natural Resources suggested a floodproofing approach for portions of the structure.
The Board of Business Neighborhood Services of Indianapolis City on July 24 voted to uphold the floodplain administrator's decision in appeal FLD 2400287, declining to overturn the administrator's determination that the property does not meet applicable floodplain regulations.
Abby Brands, director of the Board of Business Neighborhood Services, explained the legal standard the board must apply when deciding an appeal: members must make positive findings of fact based on hearing evidence that show good and sufficient cause to overturn the administrator, including a showing that denial would result in "exceptional hardship" as defined in applicable regulations and that approval would not increase flood heights, threaten public safety, or conflict with laws or ordinances.
Brands said the board had invited Alana Jones to attend for follow-up questions. Brands said the appellant's representative made a thorough case but that the representative appeared to argue that general standards not applying would mean specific standards do not apply; Brands said that is not the case. Brands said there have been improvements to the site since 1971 and that any additional improvements must meet current regulations.
Brands told the board staff had consulted the Indiana Department of Natural Resources, which agreed that one viable path forward would be to floodproof the unit itself or to floodproof adjoining units that contain load-bearing walls as work proceeds. Brands said that path may be available for the appellant to consider, but that the board did not find a showing of exceptional hardship under the ordinance and concluded approving the appeal could lead to issues the standards seek to avoid.
Belinda Drake, a board member, said she agreed with the administrator's decision and noted the alternate path forward.
The board then voted to affirm the floodplain administrator's decision on FLD 2400287. The vote was recorded as an affirmative voice vote; a roll-call vote was not recorded in the transcript excerpt.
The decision upholds the administrator's determination that the property does not meet the floodplain regulations as presented at the hearing. Staff advised the appellant of an alternative involving targeted floodproofing, per guidance from the Indiana Department of Natural Resources.
