Call to order.

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

I am Craig E.

Von Dalen, Chairperson of Division 2.

The other board members present are Beth Brandon and Tom Barnes.

Legal Counsel for the Board today is Chris Steinmetz.

Staff members present today from the Division of Planning are Eddie Onea, Principal Planner 2.

Robert Eulin Hake, who does not appear to be here.

Senior Planner, Noah Stern, Associate Planner, Heather Stephens, Senior Specialist and Secretary to the Board.

Matt Matt Pleasant is our is the current planning administrator.

The board has copies of the zoning ordinance that will be incorporated by reference into the record of each case for 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 a 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 five minutes for rebuttal in 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 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 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 the screening, the paving of a 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 conditions imposed by the board must be proven, 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 a judicial review of the decision of the board.

The written request must be filed within five days of the board's decision.

It 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.

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 our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners.

Do I hear a motion to do so?

Brandon, so moved.

Thank you.

And a second.

Thank you.

I'll now call asked for the vote.

Brandon.

Brandon, yes.

Barnes.

Barnes, yes.

And I am also yes.

Now we will consider special requests and continuances at this time.

Thank you, Chairperson Von Dalen, members of the board.

Staff would draw your attention to 2023-DV2-011 with various addresses in Pike Township.

Timely automatic continuance requests was submitted by registered neighborhood organization continuing this matter from the June 13th, 2023 hearing to the July 11th, 2023 hearing.

And this would require the board's acknowledgement.

Acknowledged.

Thank you, Chairman Von Daley, members of the board.

Staff would draw your attention to item number four, 2023 DB 2008 for property located at 3802 East 10th Street.