Okay, good afternoon.

We'll call the meeting to order.

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

I am Brian Hannon, Acting Chair of Division 3.

The other board members present today are Rod Bohannon, Patrice Ducket Brown, and Aaron McBride.

Legal counsel for the board today is Chris Steinmetz, and staff members present from the division of planning are Eddie O'Neill, current planning administrator, Robert Ulanke, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Senior Planner, and Marty Weistie, Specialist and Secretary 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.

Petitioner should be on your left and remonstrators on your right as you face the board.

Those who testify will state their name and address at the beginning for the record.

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 the petition.

The petitioner will then be allowed five minutes for rebuttal and a summation of the case.

Remonstrators will then be allowed five minutes for rebuttal and of the petitioner's 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 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 in this hearing who thinks complete and proper notice has not been given and would like to petition 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 areas, and the dedication of rights of way 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 this filing of a petition for judicial review of a decision of the board.

The written requests must be filed within five days of the board's decision.

It 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 be sure that all cell phone ringers are turned off.

There are four members of the board present today.

This is typically a five-member board.

It requires three votes to take action on any request.

We will take this into consideration when hearing requests for continuance.

If your petition receives an indecisive vote today, your petition will be automatically continued to the December 16th, 2025 hearing.

So again, I just want to make clear we have four members at 3.30.

Uh we will have a hard stop for one board member and will the board will go down to three board members.

Okay.

So you can take that into consideration when you're requesting uh action of the board or any continuance.

So, board members, you have been provided meeting minutes for October 21st, 2025.

If there are no deletions or additions, I will take a motion for their approval.

So move Bohannon.

Second, McBride.

Okay, I will now ask for a vote.

Ducett Brown.

Ducket Brown, yes.

McBride.

Yes.

Bo Hannon.

Yes.

And Hannon is yes.

Thank you.

Is there anyone in the audience who has any questions about uh today's procedures?

Okay, 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.

Um, which we do not have currently on the docket.

So unless there are requests for expedited petitions, we will go ahead and skip that part.