Call to order.

The date is November 9th, 2021.

This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2.

I am Mark Young, Chairperson of Division 2.

The other board members present are Roderick Bohan and Austin from Division 1.

Peter Nelson, Mary Kelly, and James Duke.

Legal Counsel for the board today is Chris Steinmetz.

Staff members present today from the Division of Planning or Jeffrey York, Senior Planner, Robert Ewan Hake, Senior Planner, Eddie Honia, Senior Planner, Marlena Arretta, Senior Planner, Genesis Hill Associate Planner, and Heather Stephens, Senior Specialist and Secretary to the Board.

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 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 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 to 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 five minutes for rebuttal and a 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 petitioners have failed to comply with all notice requirements as stipulated by the board board's rules of procedure, including posting of the notice signed on the subject property at least 23 days prior to the meeting, the board may continue the petition.

Anyone at this hearing who thinks completing proper notice is not being given and would like the petition continued due due to a 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 are examples.

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

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

Unless otherwise specialized, specific 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 various grant is a violation enforceable by the Department of Business and Neighborhood Services.

A person filing 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 of 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 the map or matter pending before the board outside of this public hearing process is prohibited.

All voting today will be done by roll call.

I will individually read each board member's name and ask them to vote yes or no.

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

At this time, I will take any special requests.

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

Not we'll take um request for special requests.

Yes, my name is Mark Demerley at 6500 Westfield Boulevard.

I'm here on case 2021, DB2059, uh 1954 Bellefontaine Street.

I uh staff has recommended for approval.

I'm not aware of any rebuttals or anybody uh having an issue with this.

I'd like to see if we could expedite this project.

Thank you.

So anyone in the audience that has any interest in 1955, I'm sorry, 2021 DV2059, 1954, uh Bellefontaine Avenue.

Staff.

Thank you, Chair Person Young, members of the board.

Staff did receive an inquiry expressing opposition to this position to this petition, which is why we did not expedite it right away.

we could expedite this project thank you is anyone in the audience that has any interest in 1955 i'm sorry 2021 dv 2059 1954 uh bellefontaine avenue staff thank you chairperson young members of the board staff did receive an inquiry expressing opposition to this position to this petition which is why we did not expedite it right away however I believe they did indicate they would not be in attendance today therefore uh if you want to poll the audience to see if there's any other opposition uh it's likely that this could be moved to the expedited portion okay I'd ask once but is there anybody who has any interest in 2021 D V two zero five nine if not we've been asked to move 2021 D V two zero five nine nineteen fifty four to the Bellfontaine uh Bellefontaine Street to the expedited uh case can I have a motion Nelson so moved duke second thank you I'll ask for a vote uh Mr.

Bohan yes uh Kelly Kelly yes Duke Duke yes Nelson Nelson yes thank you any other special requests Chairman Young members of the board David King and with offices at 618 East Market Street here before you encase 2021 UV 2019 property at 560 east 62nd Street we had filed with the staff a request to continue this to your December 14th hearing date with or without notice if new notice is deemed necessary um we there was an automatic continuance by the uh Benford uh neighborhood group we've not yet been able to meet with them and so we um want to um make some modifications to our petition and have the opportunity to meet with them and any other concerned parties so with that we would ask for continuous this petition again with or without notice if new new notice is deemed needed uh Mr.

King and which which petition did you say it was I'm sorry 2021 UV 2019 the second under your continued petitions okay gotcha and the next hearing date is December 14th 14th thank you is there anyone in the audience that has any interest in 2021 UV two zero one nine 5060 east 62nd street staff thank you chairperson young members of the board this is the first continuance request by the petitioner staff has no objection to the request thank you is that with with or without that would be without notice unless the petition is changed to the point where it requires notice which has not been indicated at this point.

Thank you.

And that would be to the December 14th my apologies.

Thank you we've received request to transfer uh 2021 or I'm sorry continue uh 221 UV 2019 5060 east 62nd street to the December 14th hearing date and that's without notice unless it's needed you have a motion duke so moved Kelly second thank you I would not ask for a vote uh mr bohan bohan yes uh Kelly Kelly yes duke duke yes nelson nelson yes thank you thank you very much good afternoon mr chairperson members of the board my name is Jeff Bellamy I'm an attorney with offices at 151 North Delaware Street here in Indianapolis Indiana here on behalf of the petitioner on petition 2021 D V two zero five seven 10 South Capitol Avenue uh many conversation with uh Mr.

York about some preliminary comments from the staff concerning the request um still examining those with my client and um think the petition would benefit from incorporating the comments that we've received um the petition is not ready to go forward uh with you today there's no published staff report we have not completed notice completely so would ask that um we postpone this to the January 11th 2022 date with notice um we we so we could we could both post and uh mail that notice before that uh january date thank you is anyone in the audience has any interest in 2021 d v two zero five seven ten south capital avenue there's no one out there um staff thank you chairperson young members of the board staff have no objection of moving this petition to your to your january 11th date and that'd be uh with with notice please thank you very much uh we've been have requested to have 2051 d v two zero five seven ten south capital avenue move to the january 11th 2022 hearing date and that's with notice do I have a motion I'll move second nelson second thank you um I'll now call for a vote Mr.

Trippers and young members of the board staff for your attention to petition number 2021, D V two five eight, located at eighty-one thirty-six East Southport Road.

This petition is deficient on their notice, therefore it will need to be continued and transferred to the November sixteen hearing of board three.