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 right are Brian Hannon and Rod Bohannon.

And to my left is Rihanna Binder.

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 Eulenhake, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Senior Planner, Kaya Mullins, Associate Planner.

Marty Weistee, specialist and secretary to the board.

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 supporting 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 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 and 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 for to receive a notice of the filing of the petition for a 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.

If your petition receives an indecisive vote, your petition will be automatically continued to the October 15th, 2024 hearing.

And I will go off script for a second and mention that we have four board members today, which means if we vote two against two, we have to rehear your case.

So if that is something that concerns you, you can ask for a continuance.

So if not, um, before we hear from special requests, I will ask for a waiver of a rules of procedure to allow for the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners.

Is there a motion?

Bohan is so moved.

Is there a second?

Hannon, second.

I'll now pull the board.

Bohannon.

Bohannon, yes.

Um Bender, yes.

And Taft, yes.

So um we have another and so um we have another uh thing to take care of, so we have minutes from June and July that we need to adopt, and so I need a motion from the board.

Bohan is so move.

And second.

Hannon second.

And then I will pull the board.

Umannon.

Bohannon, yes.

Bannon.

Yes.

Bender.

Yes.

And Taft, yes.