Call to order.

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

I am Mark Young, Chairperson of Division II.

The other board members present, or to my left, excuse me.

Alicia Reuter and Clinton McKay, an alternative from Division One, uh, and Mary Kelly and uh James Duke at some point.

Legal counsel for the board today is Chris Steimetz.

Staff members present today from the Division of Planning or Heather Stefan, Senior Specialist and Secretary to the Board, Larry Callaway, Principal Planner 2, Robert Ulenhake, Senior Planner, Marlena Aretha, Senior Planner, and Alison Richardson, senior planner.

Matt Pleasant is the current planning administrator.

The board has copies of the zoning ordinances that will be incorporated by reference into record for 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 the 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.

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

Anyone at this hearing who thinks completing 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 away 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 improved location permit must be obtained prior to the establishment of the authorized improvements.

Please be advised that contacting members of the board regarding the matter pending before the board outside of this 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?

If not, we will consider special requests and continuances at this time.

Good afternoon.

My name is Kyle Russet Territz, attorney at Den's Bingham Greenbaum, 10 West Market Street, Indianapolis, Indiana, here on behalf of the petitioner ATT Mobility in place of Matt Price of my firm.

Here again this month to uh provide an update that our client is in negotiations with another landowner for a site other than the one at subject here at 6401 Zionsville Road.

We are a matter of days away from signing a new lease.

Uh if we enter into that agreement with a new land landowner, we would withdraw the application here uh at here at hand today.

Um the new landowner has engaged an attorney who my client has established uh um contact with as I said a matter of days away from signing that lease.

I was hoping to come today and tell you that that lease had been signed.

Um, but I would uh respectfully request just another 30-day continuance uh to next month and uh hopefully have news next month that the lease has been signed and we would withdraw this petition.

Thank you.

Thank you.

So anyone in the audience that has any interest in 2019 UV 2009 6401 Zionsville Road.

Staff thank you, Chairman Young members of the board staff has no objection to the continuance of 2019 UV two zero zero nine to the March 10th 2020 hearing without additional notice.

Thank you.

Uh I understand a motion for 2019 UV 2009 6401 Zionsville Road to be moved to the March 10th uh board hearing date, and that's without additional notice.

So move.

All in favor?

All right.

Opposed.

Thank you.

Thank you for your time.

Hi, I'm hoping I'm coming up at the right time.

So um I'm Katie Alford.

I'm the co-chair of the Windsor Park Land Use Committee.

Um, and we were requesting a continuance for cause on 1208 Windsor until the March 10th meeting.

The Windsor Park Land Use Committee and the Neighborhood Board supported their variance requests based on assurance.

They assurances they gave to us at our last meeting.

We sent a reminder out eight days ago requesting updated plans, but they were only given to us yesterday.

They changed the footprint of the House and don't notify us, and the condition upon which we agreed to support their open space requirement was not included.

Um this is the second time that they've done this to our committee.

Uh we met with them, made an agreement upon which we would support their variance request, and then with little notification, the plan they submitted here was different than what we were told.

Umfortunately, we're not able to send a representative to the previous hearing, but we did share our objection objections with staff, and um those were shared at the hearing.