Um, yeah.

I think that's awesome.

I asked.

Okay, well, like, you know.

I think that's a migration.

Okay.

Okay.

So I hear it's a no.

I hate it.

I've still got something.

I think it's amazing.

This is call to order.

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

I am Craig Von Dalen Chairperson of Division 2.

The other board members present are Patrice Duckett Brown, Beth Brandon, Tom Barnes, and James Duke.

Legal Counsel for the Board today is Chris Steinmetz.

Staff members present today from the division of planning are Jeff York, current planning manager.

Adrianne Baker, Principal Planner 1.

Michael Weigel, Principal Planner 1.

Robert Ulenhake, Senior Planner, Josh Slovak, Senior Planner, and Marty West Weistey, Senior Board Specialist and Secretary to the Board.

The Board has copies of 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 and 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 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.

Petitioner will then be allowed five minutes for rebuttal and 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 of the matters covered in the statutory requirements, which must be met in order for the board to grant a variance.

If the petitions 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 position continued due to lack of proper notice must bring this matter to the board's attention at the beginning of the hearing.

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 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 enforced 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 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's 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?

Do move.

And a second.

Brandon second.

I will now ask for the vote.

Patrice Duckett Brown.

Dougie Brown, yes.

Beth Brandon.

Brandon, yes, Tom Barnes.

Yes.

James Duke.

Yes.

And I am also a yes.

We'll now consider special requests and continuances at this time.

Thank you and good afternoon.

Uh Chairperson Von Dalen, members of the board, Joe Calderon, 11 South Meridian here in Indianapolis.

I call your attention to item number four on your agenda, and that is 2026 DV2017 921 East 66 Street.

Uh we are requesting a continuance to your July 14th hearing without additional notice.

Um as you may recall, we uh continued this uh from May to June because there were some additional variances that did require notice.

We sent out notices timely.

However, unbeknownst to me, Broad Ripple Village Association moved, and the notice didn't catch up to them until they uh and by the time I reached out, they said that hey, we've already canceled our May land use meeting, so we're gonna see them on June 23rd.

And that should get everybody all on the same page with respect to this case.

So we'd appreciate your consideration of a continuance again to July 14th.

Thank you.

Is there anyone else in the audience with an interest in petition number 2026 D V two-017 with an address of 921 East 66th Street?

I'm being seen with code of comments from staff, Mr.

Mullenhake.

Thank you, Chair Person Von Dale, members of the board.

Staff has no objection to continuing this to the July 14th, 2026 hearing.

That would be without additional notice.

Very well.

I understand a motion to continue without additional notice.

Petition number 2026 DV2-017.

Do I hear a motion?

Brandon, so moved.

And a second.

All right, I'll call the roll.

Ducky Brown.

Dougie Brown, yes.

Brandon.

Brandon, yes.

Barnes.

Barnes, yes.

Duke.

Duke, yes.

And I'm also a yes.

Thank you.

This is continued.

Thank you.

Good afternoon, Justin Kingan.

Addressed 2722 Manker Street, Indianapolis, Indiana 46203.

Here before you regarding petition 2026 DV2 020, which is under the special request portion of the docket.

As noted in the staff report, uh this is a petition that was filed on behalf of the Biltwell Events Center to allow for a parking lot overflow parking lot across the street from the events center.

We've since been able to redesign the plan for the parking lot and therefore do not need a variance in order to build um build the parking lot.

Um so we are withdrawing the variance petition.

We've also sent uh correspondence to staff requesting uh a refund of the filing fee of the variance petition.

We got feedback from staff that they were agreeable to 50 percent um refund, which we're in agreement with, and I'm just here before you making that request.

Happy to answer any questions you may have.

Well, first we acknowledge the withdrawal.

Second, is there anyone else in the audience with an interest in petition number 2026 DV2-020 at 951 South White River Park Drive West Drive?

None being seen.

We'll go to comments from staff about the request for the refund.

Yep.

Uh thank you very much, Chairman Von Dalen, members of the board.

Um, our staff had suggested 50% as a point of compromise to acknowledge the review that we had already conducted, while also acknowledging the fact that we hadn't generated a full staff report.

There had also been a previous rezoning petition recently filed at this address, which had incurred its own set of fees.

My understanding is that some of these fees might be applied toward a future regional center approval petition that might be filed at the same site.

So a lot of activity here.

Given the circumstances, we think a 50% compromise is reasonable.

Okay.

Then I'll entertain a motion to grant a 50% refund to petition number 2026 DV2-020.

Do I hear a motion?

Brandon, so move.

Second.

Called Royal Ducket Brown.

Ducky Brown, yes.

Brandon.

Brandon, yes.

Barnes.

Barnes, yes.

Duke.

Duke, yes.

I'm also a yes.

Thank you.

Thank you.

All right, staff.

Yes.

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

Staff would draw your attention to item number one on your agenda.

There was an error in the uh notice that went out as it went out.

We noticed that an additional uh variance for the uh open space was needed.

Um as such uh that has require new notice, um, and we have spoken with the petitioner and also um indicated we would support a transfer to the July 7th BCA1 hearing to help expedite um that as a result of the error.

Thank you.

Is there anyone in the audience with an interest in petition number 2026 DV2-01 018 with an address of 2230 East 75th Street?

We are only discussing this particular continuance.

Please state your name and address.

David Stevenson, the address is 2230 East 75th Street.

Okay, so you're the petitioner.

Yes, and you have no objection to this continuance.

It's okay.

I mean, we talked about it so you have everything you need though, right?

So two different variances.

One is for the setbacks, and the other is for open space, correct?

Okay, then I'll entertain a motion to continue to the or continue and transfer to the July 7th BCA hearing without additional notice.

Petition number 2026 DV2-018.

Do I hear a motion?

Brandon, so moved.

Second.

Call the roll of Ducket Brown.

Ducky Brown, yes.

Brandon, yes.

Barnes, yes, yes.

And also, yes, you've been continued.

Thank you.

All right, I think we're at the end of the line here, and we're gonna go ahead and move on to uh expedited petitions unless there was any changes to those.

So, Mr.

or Mr.

Secretary, you go ahead and call those.

These are petitions to be expedited.

Case number two zero two six-dv two-zero one nine, property address one two four four west twenty-sixth street, center township, council district number twelve, zoned D5 T O D.

The petitioner is Diane Robert LLC, represented by Andrew Wirt, requesting variance of development standards of the consolidated zoning and subdivision ordinance to provide for a 6.4-foot corner side setback.

Eight-foot setback required.

Case number 2026-UV2-007 amended.

The property address 1375 West 16th Street.

Center Township, Council District Number 12, zoned I2RCW1.

The petitioner is Pine Street Properties LLC, represented by Justin Kingan, requesting variants of use and development standards of the consolidated zoning and subdivision ordinance to provide for the following primary uses.

Community centers, not permitted, offices, art galleries, medical or dental offices, artisan food and beverage, indoor recreation, permitted only when vacant for five or more years, and eating establishments or food preparation, hair and body care services permitted only as accessory use, and to legally establish parking and maneuvering areas within the right of way of Harding Street, not permitted.

Is there anyone in attendance today that is in opposition to any of the petitions I've just read?

Chairperson Von Dalen, that's the end of the expedited docket.

Thank you, Secretary.

We see, we may cast our ballots.

On case two zero two six-DV two-one nine, Patrice Ducket Brown votes yes, James Duke votes yes.

Tom Barnes votes yes, Beth Brandon votes yes, and Craig von Dalen votes yes.

That variance is granted.

And on case two zero two six-UV two-seven amended, Patrice Stuckett Brown votes yes, James Duke votes yes, Tom Barnes votes yes, Beth Brandon votes yes, and Craig von Dalen votes yes.

That variance is granted.

Thank you, Secretary Weister.

I believe we've reached the end of our agenda.

Is there do we have any additional business today?

Findings of fact.

All right, very well.

Then we are adjourned.