Commission denies darker window tint for 1126 Prospect Street; staff ordered film removal by June 4

The Indianapolis Historic Preservation Commission voted to deny a certificate of appropriateness and associated variance request for darker window tint at 1126 Prospect Street in Fountain Square.

Staff recommended denial, arguing the city's transparency rules were established for safety and general welfare and that other solutions (transparent films, blinds, or repositioning merchandise) exist that comply with the zoning ordinance. The applicant and his attorney argued the darker tint protects inventory from UV damage, supports a consistent aesthetic across the operator's multiple stores, and helps deter after-hours theft.

Russell Brown, attorney for the petitioner, said the shade is used across multiple locations and that the darker film still allows employees to see out: "Because the tint does allow employees or others in the store to see out of the store, we believe the darker than permitted tint does not create a risk of harm to those exiting the store or the employees from being aware of activities outside the store." The applicant, identified as Alex Ostrowski, said the film helps preserve products and maintain a consistent aesthetic for the store chain.

Staff principal architectural reviewer Emily Jarzan told the commission the transparency regulations were enacted for safety and that compliant alternatives were available: "This request negatively impacts the safety and general welfare of the community... The strict application of the zoning code does not prevent the use or create a practical difficulty in the use of the subject property." Several commissioners echoed staff's safety emphasis and noted that comparable treatments on neighboring properties had been installed before the 2016 transparency requirements and are therefore grandfathered.

After discussion the commission voted to adopt the staff recommendation to deny the COA and required removal of the film no later than June 4, 2025; the transcript records a staff direction that owners contact IHPC staff for inspection once film removal is complete and that failure to comply could result in referral to the city prosecutor for enforcement.

The commission's denial leaves open the option for the owners to return with alternative, code-compliant treatments or to work with staff on permitted film or shades.

Key timing: staff required removal of the noncompliant film by 06/04/2025.