Good afternoon.

I think we're gonna go ahead and get started now.

We're uh just after just after one o'clock.

Um so I'd like to call things order.

Uh this is a public hearing of the Metropolitan Board of Zoning Appeals, Division One.

I am David Duncan, acting chairperson of Division One.

The board members present are Jennifer Witt and Andrew Cotona.

Legal counsel for the board today is Chris Steinmanz.

Staff members present today from Division of Planning are Eddie O'Neah, Principal Planner 2, Robert Yulnaik, senior planner, Michael Weigel, senior planner, Noah Stern, Associate Planner, and Melanie Evans, Acting Specialist and Secretary of the Board.

Matt Pleasant is a current planning administrator.

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

The proceedings of these hearings are governed by the board the board's rules of procedure.

The expedite 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 only uh petitioner 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 to support of the case being heard 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 of the petition.

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

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

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

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 and 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 signed on the subject of property at least 23 days prior to the hearing, the board may continue and continue the petition.

Anyone at this hearing who thinks that complete and proper notice has not been given and would like the petition continue 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, the dedication of rights aways 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 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 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.

Persons 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'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 process is prohibited.

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

There are four members there are three members present today.

It requires three votes to take action on any request.

We will take this into consideration when hearing request for continuance.

If your petitioner, if your petition receives an indecisive vote, your petition will automatically be continued to the April 2nd, 2024 hearing.

Chris, let me read that again.

There are three members present today.

It requires three votes, so unanimous votes to take action on any request.

We will take this into consideration when hearing request for continuance.

If your petition receives an indecisive vote, your petition will be automatically continued to the April 2nd, 2024 hearing.

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

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

Do I hear a motion?

Catona so moved.

Second.

I will now ask for a vote.

Katona.

Katoni, yes.

Wit.

Wit, yes.

We will consider special requests and continuances at this time.

Good afternoon.

Attorney John Cross, 13 North State Street, Suite 241, Greenfield, Indiana.