All right, I'll go ahead and call this meeting to order.

This is a public hearing of the Metropolitan Board of Zoning Appeals Division 1.

I am Peter Nelson, acting chairperson of Division 1.

The other board members currently present present are Beth Brandon, alternate for Division II, and Renee Napoleon, an alternate to the board.

We do expect Anthony Bridgman at some point, so if you see him come in, he'll be right here.

Legal counsel for the board today is Chris Steinmetz.

Staff members present today from the Division of Planning are Eddie O'Neill, Principal Planner 2, Robert Ulanke, Senior Planner, Merleni Uretta, Senior Planner, Genesis Hill, Associate Planner, and Heather Stephens, Senior Specialist and Secretary to the Board.

Matt Pleasant is the current planning administrator.

The board has copies of the zoning ordinances that will be incorporated by reference into record of each case heard today.

The proceedings of this hearing are governed by the board's rules of procedure.

The expedited cases will be heard immediately after all requests for continuances or withdrawals.

As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand.

Those who intend to testify will please remain standing and be sworn.

Petitioners should be on your left and remonstrators on your right as you face the board.

Those who testify will state their name and address for the record before beginning to testify.

Petitioners and persons appearing in support of the case shall be heard, have shall be heard, excuse me, shall have a maximum of 15 minutes for presentation of evidence, statements, and arguments in support of the petition.

Remonstrators and persons appearing in opposition to the petition shall have a maximum of 15 minutes for the presentation of evidence statements and arguments in opposition to the petition.

Staff will then present the administrator's comments regarding the petition.

The petitioner will then be allowed five minutes for rebuttal and the summation of the case.

Rebuttal must be limited to the subject matter of the initial presentations.

Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement.

No further evidence, statements, or arguments will be heard unless it is at the discretion of the board.

Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance.

If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice sign on subject property at least 23 days prior to the hearing, the board may continue the petition.

Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to lack of proper notice must bring this matter to the board's attention at the beginning of the hearing.

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

The installation of landscaping and screening, the paving of parking area, and the dedication of rights of way or examples.

These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.

Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion.

Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements.

Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services.

A person may file a written request to receive notice of the filing of a petition for judicial review of a decision of the board.

The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address and a reference to the board petition number.

Forms are available and may be obtained from the board secretary.

Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited.

Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off.

Is there anyone in the audience who has any questions about our procedures?

Okay, before we hear special requests, I will ask for a waiver of our rules of procedure to allow the board to vote on all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners.

Board, do we have a motion?

Brandon, so moved.

And a second.

Seconded.

Okay, we have a first or a motion and a second.

I'll now ask for a vote.

Brandon.

Brandon, yes.

Napoleon.

Yes.

And Nelson votes yes.

We will now consider any special requests and continuances at this time.

individual petitioners um board do we have a motion brandon so moved and a second second seconded okay we have a first or a motion and a second um i'll now ask for a vote brandon brandon yes napoleon yes and nelson votes yes we will now consider any special requests and continuances at this time good afternoon members of the board joe calderan attorney with offices at 11 south meridian indianapolis i have two requests so if you'll bear with me i'll take them one at a time i represent the petitioner in 2022 uv one zero three six address uh 2711 2715 and 2719 madison avenue we are requesting a continuance to january 3rd without additional notice we um my client has engaged uh an architect to provide some updated renderings they just haven't been able to get them turned around in time to pass along to staff i have discussed this with staff and i think we're okay and i'm not aware of any any uh i check that there was one remonstrator who was represented by counsel and i did talk to him uh about the request okay is there anyone in the audience with um interest in 2022 uv one zero three six uh staff can we get your comments please thank you chairperson nelson and members of the board staff would no have no objection to a continuance to january third um for 2022 u v1036 um this would be without additional notice unless notice is required um if it's amended okay thank you um board we have a request to move petition 2022 uv 1036 to the january third hearing without additional notice is there a motion brandon so moved and a second seconded by napoleon uh motion and a second i'll call for a vote brandon brandon yes napoleon napoleon yes and nelson votes yes thank you good afternoon again uh board members joe calder and 11 south meridian indianapolis representing the petitioner in 2022 uv one zero three eight uh the property address is 4010 west eighty sixth street this is the uh appears in the continued portion of your docket again uh we would ask that this uh case be continued to january third without additional notice uh we've presented this case a couple of times to the pike township residents association and we think we're gonna be okay however they did not have a quorum last month so they did ask us to appear one more time which is next week on the 14th and just to make sure we button up things uh correctly we would ask that you consider a continuance to January 3rd without notice so we can finish our meetings with PTRA anyone in the audience with interest in 2022 UV 1038 staff thank you chairperson nelson and members of the board staff would have no objection to a continuance to the January 3rd hearing for 2022 UV1038 without additional notice all right board we have a request to move 2022 UV 1038 to the January 3rd hearing without additional notice do I have a motion brandon so moved and a second Napoleon seconded motion and a second call for a vote brandon yes Napoleon yes and Nelson yes thank you good afternoon um I am Brandy Wadi for 2022 D V1057 and I'm asking for a continuance to January the third to uh allow us to meet with the meeter uh maridian kessler uh neighborhood association that's all I have okay thank you that's D V1057 on Park Avenue yes okay thank you uh does anyone in the audience have any interest in 2022 DV1057 at 401 North Park Avenue staff thank you Chairperson Nelson and members of the board staff has no objection to the continuance to the January 3rd 2023 hearing date and that would be without additional notice all right thank you board we have a request to move 2022 D V1057 to the January 1st meeting without additional notice do I have a motion Brandon so moved and a second Napoleon second motion and a second call for a vote Brandon yes Napoleon yes and Nelson yes good thank you good afternoon members of the board my name's Nicholas Boney attorney for the petitioner in case number two zero two two D V one zero four seven

Do I have a motion?

Brandon, so moved.

And a second.

Napoleon second.

Motion and a second.

Call for a vote.

Brandon.

Yes.

Napoleon?