Call to order.

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

I am Craig E.

Von Dalen, Chairperson of Division III.

The other board members present two are to my left, Marisel Glovea, and Anatoly or Tony Boshenko.

To my right, Matthew Draven.

And Clint McKay, who is an alternate from Division 1.

Legal Counsel of the Board today is Chris Steinmetz recording these proceedings today is Ron Hampton.

Staff members present today from the Division of Planning are Heather Steven, Senior Board Specialist and Secretary of the Board.

Robert Eulenhake, Senior Planner, Eddie O'Neilla, Senior Planner, Paige Story, Senior Planner, Marlena Ariada, Senior Planner, Keith Holdsworth 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 rule of procedure 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 shall have a maximum of 15 minutes for 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 petitioners, 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 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 screening, the paving of a parking area, the dedication 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 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 granted 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 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 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?

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

Chairman Von Dalen, members of the board, David King with offices at 618 East Market Street here before you today on case 2019 M0301, property at 264 North Rural Street, also known as 2727 East New York Street, representing Joel Russell, the property owner.

We this is a modification petition, and we um you'll notice that the staff has no recommendation.

However, we're continuing to have discussions with the NESCO neighborhood, and therefore we filed a request to continue this again to your July 16th hearing, and that would be without additional notice.

Please.

The Chairperson von Dalen, members of the board of staff has no objection to continuing this petition to the July 18th hearing without additional notice.

Very well.

Petition number 2019 MO3-001.

So move.

Second.

Second.

All in favor indicate by saying aye.

Aye.

Thank you very much.

Good afternoon, Chairman Von Dalen, uh, members of the board, Joe Calderan, attorney with the offices at 11 South Meridian.

I would like to call your attention to two matters on your docket today for special uh request.

The first being uh 28200 uh 2018 DV3061 8800 Keystone Crossing.

It's uh second case in the continued portion of your docket.

We anticipate amending uh the request, which uh would trigger new notice requirements.

I have spoken with Nora Northside uh community council uh and suggested that we would present to them at their uh August meeting and therefore would request a continuance to August 20th with notice is there anyone else in the audience with an interest in petition number two thousand eighteen D V three-061 with an address of 8800 Keystone Crossing?

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