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 are Mayor Solgovea to my left and Anatoly Boshenko.

And to my right, Matthew Draving and Janice Janice Goles Golson Dunlop.

Legal Counsel for the Board today is Chris Steinmetz.

Recording these proceedings today is the legendary Ron Hampton.

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

Larry Calvaway, Principal Planner 2.

Jeffrey York, Senior Planner, Robert Eulenhake, Senior Planner.

Marlene Erhada, Senior Planner.

Matt Pleasant 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 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 that 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 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 sign 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 what 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 and parking area, and the dedication of right of ways are examples.

These conditions are commitments 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 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 filings 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?

None being seen.

We will consider special requests and continuances at this time.

Good afternoon, Chairman Von Dalen, board members.

My name is David Rutherford, and I am an attorney with offices at 8801 Southeastern Avenue here on the south side of Indianapolis.

And I am here on behalf of the multiple petitioners in the first case on your continued petitions docket 2019 DB 3004, multiple addresses on Southeastern Avenue.

This is a very complicated case that we're really getting close to getting solved.

We don't have any remonstrance, but there's a lot of technical issues with staff.

We're trying to work through.

And we've had actually met at site.

The staff person on this case was kind enough to actually come out to Wanamaker and take a tour with me.

And so we've taken some pictures to update the file.

We just need staff to have a chance to review those and hopefully we can have this as an expedited case at your January hearing.

So that's the hope.

So we are uh asking for continuance to your hearing in January, which I believe is the 22nd, if I if I'm correct.

Uh actually we're the 21st.

Okay.

It is the day after Martin Luther King.