I'm going to call this meeting to order.

I'm going to read kind of our introductory marks.

You might notice that we don't have a quorum yet, and I am trusting that as I read we'll get a quorum.

What do you think?

So I'm going to go ahead and start.

Good afternoon.

Before we begin today's meeting, we need to appoint an acting chairperson.

Can we do that?

The two people?

No, that's not necessary.

You can skip that.

Yep.

Okay.

This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 3.

I'm Joanna Taft, acting chairperson of Division 3.

The other board members present are Ray Anna Bender and Joanna Taft.

Me.

Legal counsel for the board today is Chris Steinmetz.

Staff members present today from the division of planning are Eddie O'Neill, Principal Planner 2, Robert Ulenhaik, senior planner, Michael Weigel, senior planner, Noah Stern, Associate Planner, Jeff York, Principal Planner 2, Melanie Evans, Acting Specialist and Secretary to the Board.

Matt Pleasant is the current planning administrator.

The board has copies of the zoning.

This is kind of my mic is doing something weird.

Is that some that's never happened to me before?

Okay.

It's kind of getting feedback, yeah.

Do we know anything about that?

I do not.

Um you could potentially try shifting seats, but I'll have to have microphones.

Oh, I guess they do have microphones.

Um, okay, try this one.

The board has copies of the zoning ordinances, which 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 the 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 administrator's comments regarding regarding the petition.

The petitioner then will 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's 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 screening, the paving of parking area, and the dedication of rights away 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 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 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 collecting 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.

It takes three votes to take an action on any request.

And I'm looking to our attorney for well, so uh I'm not very optimistic that our third board member is going to make it at this point.