Good afternoon, everyone.

I am going to call this meeting to order.

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

I am Peter Nelson, Chairman of Division 1.

Other board members present are David Duncan, Renee Napoleon, an alternate, and Aaron McBride, also an alternate to the board.

Legal counsel for the board today is Chris Steinmetz.

Staff members present today from the Division of Planning are Jeff York, Principal Planner 2.

Eddie O'Neill, Principal Planner 2, Robert Ulenke, Senior Planner, and Marlaney Arahetta, Senior Planner, and Heather Stefan, 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 the 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 continuance or were 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 being heard shall have a maximum of 15 minutes for the 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 administrators' comments regarding the petition.

The petitioner will then be allowed a five minutes for rebuttal and 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's at the discretion of the board.

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

If petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including the posting of notice sign on the 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 the decision on certain petition.

The installation of landscaping and screening, the paving of parking area, and the dedication of rights of way are 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 these conditions imposed by the board must be proved 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 filing of a petition for a judicial review of a board's decision.

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's 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 is prohibited.

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

I will note since we only have four members here present today.

If we do have a split vote, um that petition will be continued to the next available hearing, which appears to be July July 6th for division one.

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

If not, 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.

Is there a motion?

So moved.

Motion by Duncan.

Do we have a second?

Second, McBride.

Motion and a second will call for a vote.

Duncan?

Duncan, yes.

Napoleon?

Yes.

McBride?

Yes.

And Nelson votes yes.

At this time we can consider special requests and continuances.

Good afternoon, Pat Rooney here.

Good afternoon, Pat Rooney here on behalf of Martin Petroleum Inc.

with respect to 2023 UV1006 and having an office at 1638 Shelby Street Suite 101.

We have a special request to withdraw that petition and apply the fees on a petition that was essentially transferred to 2023 CZN 830 and 2023 C VR 830.

Essentially the subject property was the northwest corner was zone D5, and staff recommended rezoning that portion of the property to C4 to match the rest of the property instead of just doing it under a variance.