City of Bloomington Board of Zoning Appeals for the September 18th, 2025.

Roll call, please.

Ballard.

Here.

Barrel?

Here.

Sade.

Here.

Next on our agenda will be the approval of the minutes from August 21, 2025.

Move to approve minutes August 21st, 2025.

I second.

I can't vote.

Well, well, we can we can continue them.

You can vote if you want to.

You don't have to have attended to vote.

But if you would prefer to abstain, we can continue them to the next hearing.

What would you like to do?

I didn't review the so uh I'll abstain from voting today.

So uh let's continue.

Continue.

So uh make a record that uh the approval of the minutes is continued to the next meeting.

Uh this evening we have some petitions that are continued to the October 23rd uh 2025 meeting, and that's AA-17-22, John Camp Construction LLC and Blackwell Construction Inc.

We also have uh CU dash 32- uh 25 Springpoint Architects uh Barry Clapper.

We also have CU dash 33-24 hat rentals LLC.

Also continued our CU-33-25 Yehi Engineers, St.

Ramey, HOA, um V-39-25, Brownsmith Studios LLC, Lucas Brown.

We also have uh V 40-25, HR Green Inc.

Don Cowden Foundation Inc.

And for the petitions this evening, we have V35 25, Griefy properties, Ethan Michelson.

We also have V-36-25, Mohasan, Kianadasha, Kana Zade, Kanazada.

We also have CU-37-25, built LLC, Madeline Sanders.

We also have C U slash Virty Eight 25 sex there, oh sex to their properties LLC.

With that in mind, uh may I have the presentation for the first petition, please.

Good evening.

Uh for first petition this evening, we'll be looking at a determinate sidewalk variants for single family dwelling located in the residential medium lot R2 zoning district.

As you can see, this this property is located on the northeast side of the city.

Uh on along Headley Road there, uh that property as well as all the surrounding properties are zoned R2.

Uh there is some mixed institution mixed use institutional property to the east, all owned by the trustees of Indiana University.

It is a.79 acre property.

And at issue here is a when when construction of this home was to occur, it required the construction and installation of a 12-foot wide multi-use path along the property frontage.

As laid out here with the original site plan.

The request for the determinant sidewalk variants comes about because there is no other multi-use path currently along Headley Road, and development is not seen to be very likely in the in the near future.

And it would be excuse me, it would be better constructed and installed uh when future projects occur.

Um this sidewalk also has topography limitations uh all along Headley Road.

You will see that there is vegetation as well as particularly with this property, there are some tall canopy trees that would have to be removed for this path.

So looking at the combination of the topography all along Headley Road, the fact that Indian University does control a portion of the property as well.

And so any future path would have to bring IU as well as the other property owners in into building this 12-foot-wide multi-use path as well.

And so looking at our findings that we have to consider for this determinant sidewalk variants.

The first one is that the approval would not be injurious to the public health safety or morals or general welfare.

We find it would not be injurious to the public health safety or morals, as there are currently no pedestrian facilities to connect to on the adjacent properties.

And so connecting or installing this path would not benefit pedestrians at this time.

For the second criteria, the the adjacent properties would not be sub affected in a substantially adverse manner.

We find that the views and value of the areas adjacent to the property would not be affected adversely.

As again, there are no current pedestrian facilities installed.

And while it would be beneficial to have a multi-use path along the entire length of this property's frontage, the construction would be best forestalled until other development or projects necessitate the paths construction.

And again, with the practical difficulties peculiar to the property.

Again, the fifth further peculiarity that the majority of the property is also owned by Indiana University, where redevelopment would require future additional pedestrian improvements may not be triggered, which would further complicate the likelihood that pedestrian improvements would happen outside a much larger plan for the area.

And we feel that this path would best be coordinated and installed when it can be connected to other properties with multi-use paths at a future date to better facilitate path cohesion and maintenance.

And as such, the department recommends that the Board of Zoning Appeals adopt the proposed findings and approve this petition with the following condition that a zoning commitment for the determinant sidewalk variants must be recorded within 60 days.

And I'm here for any questions.