So okay if I get started.

Called order.

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

I'm Craig Von Dalen, Acting Chairperson of Division II.

Um the other board members present are to my left, Tom Barnes, and to my right, Beth Brandon, legal counselor for the board today is Chris Steinmetz.

Staff members present today from the division of planning are Shannon Norman, Principal Planner 2, Robert Ewan Haig, a senior planner, Michael Weigel, senior planner, Noah Stern, senior planner, and Melanie Evans, acting specialist and secretary of the board.

Matt Pleasant is currently planned 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 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 names and addresses 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 impairing 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 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.

The installation of landscaping and screening, the paving of parking area, and the dedications of right-of-ways 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.

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 only three members present today.

Yes.

Uh I am here uh for a special request on what is item uh six on your agenda.

Uh and uh this is the um 2024 UV2002 uh and uh members of the board.

Uh I represent the petitioners in this case.

Petitioner makes a special request for the following a withdrawal of the petition uh for the variance which is precipitated by communications with neighborhood associations, GAT Bragg, uh City County Councillor Boots and staff, in particular planner Eddie Honeyah, and the staff suggestion that in lieu of variance as a petition to rezone uh the property uh would be uh supported by staff and preferable to the variance request, and also a part B would be a transfer of the filing fees that have already been paid for the variance uh to the soon to be filed uh petition for rezoning of this property.

Very well.

Is there anyone in the audience with an interest in petition number 2024 UV 2-02?

None being seen, we'll go to comments from staff.

Thank you.

Chairperson Von Dalett, uh members of the board staff, uh, which is asked that you acknowledge part one, which is withdrawal of 2024 UV two zero zero two and staff, but also indicate that we are in support of the transfer of the fees for a future rezoning petition.

Okay, the uh withdrawal is acknowledged, and I'll entertain a motion to transfer those fees to their rezoned petition.

Brandon, so moved.

And second, second barns.

Call the roll.

Barnes, yes, Brandon, Brandon, yes, and I'm also a yes.

Thank you.

You're welcome.

Chair President Von Daler, members of the board.

Steph, I'll draw your attention to petition number, I believe seven, uh 2024 UV two zero zero five, located at 4925 West Southport Road.

The petitioner has submitted a request to withdraw this petition.

That would just require the board's acknowledgement.

That is acknowledged.

Thank you.

Staff will also draw your attention to petition number eight, 2024 D V two zero two zero located at 821 Orange Street.

A registered neighborhood organization has filed an automatic continuance.

Continuing this petition to the July 9th, 2024 hearing.

This would just require your acknowledgement.

Acknowledged.

Thank you.

Uh staff will also draw your attention to petition number 10, 2024 UV 2008, located at 6135 Furnace Road.