I'm going to call this meeting to order.

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

I'm Joanna Taft, Chairperson of Division III.

Other board members present to my left, Rihanna Bender.

To my right, Percy Bland and Brian Hannon.

Legal counsel for the board today is Chris Steinmetz.

Staff members present from the division of planning are Edri O'Neill, Principal Planner 2, Robert Eulenhag, Senior Planner, Jeffrey York, Principal Planner, Noah Stern, Associate Planner, Melody Evans, Acting Specialist and Secretary to the Board.

Marty Weiste, Acting Specialist and Secretary to the Board.

Matt Pleasant is the current planning administrator.

The board has copies of the zoning ordinances 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 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 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 excuse me, 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 become 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 and screening, the paving of parking area, and the dedication of rights aways 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 approved 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 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.

If your petition receives an indecisive vote today, we have four members, by the way.

So we need to have if we have two voting against two.

Your petition will be automatically continued to the June 18th, 2024 hearing.

So if you're worried about that, uh we would entertain requests for continuances.

If not, um, 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.

So I need a motion.

Bland so moved.

I need a second.

Bender, so second.

I'll now pull the board.

Bender.

Yes.

Bland.

Yes.

Hannon.

Yes.

Taft.

So we will consider special requests and continuances at this time.

Good afternoon, Misha Rabinowitch and Attorney with Offices at 1 Indiana Square, Suite 1800 here in Indianapolis.

I'm here on matter nine on the agenda.

It's 2024 UV 3005 at 6901 East 38th Street.

On behalf of the petitioner, we request an approximately two month continuance to the July 16, 2024 hearing.

We've just submitted a revised uh development plan, which staff is will review, and we anticipate making some improvements to the property prior to the board actually considering the variance request.