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From YouTube: Bloomington Board of Zoning Appeals, February 23, 2023
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A
B
C
A
Here,
thank
you
reports.
We
have
no.
We
have
no
minutes
to
be
approved
this
this
month,
reports,
resolutions
and
Communications,
we'll
start
with.
B
That
I
think
we
had
one
set
of
minutes:
August,
25th
I'm,
not
sure
if
you
didn't
receive
them.
B
B
A
Okay,
so
I
will
entertain
a
motion
for
the
the
president
of
the
board.
B
Can
we
please
vote
great
yes,
so
this
is
a
motion
for
Miss
Clapper
to
be
the
president
for
the
2023
year.
Ballard.
Yes,.
G
D
A
You
very
much
thank
you,
and
now,
for
vice
president
I
will
accept
a
nomination
for
vice
president,
who
would
like
to
serve
I
will
nominate
Joe,
Throckmorton
hi.
Second
Joey.
You
accept
that
nomination.
Yes,.
D
B
A
We
have
two
petitions
this
evening
that
will
be
continued
to
our
March
23rd
Meeting.
Those
are
aaa-17-22
Joe,
Kemp,
Construction,
LLC
and
Blackwell
Construction
Inc
and
v-53-22
Lisa
Marie
Napoli.
Those
will
be
continued
this
evening
on
our
docket
are
three
petitions.
The
first
one
is
cu:
slash
v-222,
mark
figg,
the
second
aa-51-22
Joseph,
B,
Davis
and
finally,
v-52-22.
D
I
asked
permission
to
be
recognized
by
the
chair.
Yes,
I
I
move
that
we
adjust
our
order
of
hearing
today
to
move
the
aaa-51-22
to
First.
A
B
Sure,
just
a
second
I
think
we
want
to
check
on
the
rules
of
procedure
quickly
if
the
petitioner
has
to
be
in
attendance,
because
he
is
not
here
just
a
moment.
Oh.
H
B
B
B
D
B
H
That
is
correct.
This
doesn't
happen
often
in
front
of
this
body,
but
in
front
of
other
bodies.
When
somebody
requests
an
administrative
appeal
of
a
notice
of
violation,
usually
staff
will
put
on
a
a
brief
Prima
facial
case
and
then
allow
the
the
board
to
vote
on
the
appeal.
So
right.
Okay,.
A
Will
okay,
so
we.
B
Great
Throckmorton,
yes,
Burrell,
yes,
Ballard,
yes,.
G
B
I
A
E
E
Okay,
first
of
all,
are
you
seeing
this
presentation
here?
E
E
The
530
South
Washington
State,
the
property,
is
a
little
over
there's
a
little
under
six
and
a
half
thousand
square
feet.
It's
currently
zoned
residential
Urban
line
R4
and
the
comprehensive
plan
is
designated
as
mixed
Urban
residential
the
existing
land
use.
As
a
single-family
dwelling,
the
appeal
is
of
an
nov
warning
letter
that
was
issued
on
October
20th
2022.
E
Frankly,
the
situation
at
this
property
is
complicated
and
it
involves
enforcement
by
multiple
City
departments
and
the
ultimate
resolution
will
not
be
simple
to
achieve.
However,
luckily,
for
you,
it's
not
this
board's
responsibility
to
find
a
resolution
with
the
property
owner.
It
is
your
responsibility
in
an
administrative
appeal
case,
as
you
know,
to
decide
if
the
determination
is
correct
and
support.
The
staff
determination
is
correct
and
supported
by
the
unified
development
ordinance.
In
this
case,
your
duty
is
to
determine
if
there
was
outdoor
storage
or
materials
and
parking
on
an
unimproved
surface.
E
At
the
time
the
nov
warning
was
issued
on
October
last
fall.
That's
it
I
hope
that,
between
the
staff's
presentation
of
the
case
record
and
the
appellates
presentation,
you
will
feel
you
have
enough
information
to
make
that
determination
with
confidence
tonight
so
going
through
the
summary
of
the
record
I
the
following
photos
and
documents
were
included
in
your
packet,
starting
at
page
22..
E
We
also
have
with
us
staff
who
did
all
these
inspections
so
I'm
going
to
quickly
go
through
a
little
bit
of
the
record
and
have
our
analysis
to
the
Udo
and
then
I'm
going
to
turn
it
over
to
some
of
the
staff
who
visited
the
property
those
various
times
so
beginning
in
July,
housing
and
neighborhood
development
afforded
to
the
planning
department,
complaints
and
outdoor
storage
or
outdoor
garbage
at
530,
South
Washington
Street.
E
Here's
a
photo
from
August
10
2021.
You
can
see
building
materials
just
on
the
front
porch
also
August,
10th
storage
materials
on
the
south
side
of
the
house,
So,
based
on
observations.
At
the
time,
the
planning
department
issued
a
warning
letter
warning
s
nov
on
August
24th
2021,
for
violation
of
use,
specific
standards
for
outdoor
storage.
E
Following
that
nov
there
were
discussion
with
the
property
owner
and
there
was
progress
toward
compliance,
there's
a
photo
from
February
17th
that
shows
fewer
building
materials
on
the
porch,
also
February,
17th
fewer
materials.
Next
to
the
house,
March
31st,
very
similar
to
the
photos
from
February.
This
is
from
you
know
a
full
year
ago,
more
progress
for
compliance
in
March
31st.
E
E
We
see
out
their
story
the
materials
and
parking
on
an
improved
surface
again:
August
9th
materials
stored
Outdoors
on
the
porch,
also
August,
9th
materials
stored,
Outdoors,
September,
20th,
outdoor
storage
materials
and
then
vehicle
part-time
planetary,
surface
I'm
aware
that
I'm
moving
very
quickly
through
these
photos,
if
I,
certainly
if
the
board
wants
to
see
I,
do
have
them
and
I
can
display
them
directly
as
well.
E
We
also
have
some
photos
taken
last
week
by
hand
staff.
These
are
too
recent
to
have
made
it
into
your
packet,
so
this
is
the
first
time
you're
seeing
these
as
of
February
15th.
Last
week
there
was
outdoor
storage
of
materials
and
parking
on
a
Surface,
as
you
can
see
from
this
photo
more
outdoor
storage
of
materials
on
February,
15th
or
Ultra
storage
of
materials,
and
this
is
taken
from
the
alleyway
last
week
by
hand
staff.
E
So
that's
a
quick
summary
of
the
record.
We
can
go
back
and
look
at
these
photos
and
there'd
be
an
opportunity
for
other
staff
who
visited
the
property
to
speak
about
what
they
observed
there
going
into.
Let's
look
at
what
the
the
Udo
says
about
this,
so
the
nov
warning
mentioned
outdoor
storage.
E
E
E
E
E
The
Appellate
has
stated
that
the
materials
observed
Outdoors
on
the
property
are
part
of
lawful
construction
activity,
neither
nov
warnings
from
2001
or
201
2021
or
2022
identified,
lawful
construction
activity
occurring
on
the
property
and,
furthermore,
the
Udo
does
not
contain
any
exception
for
outdoor
storage
standards
for
construction
activities
has
a
relevant
comparison.
The
udo's
definition
of
construction
support
activities
describes
a
structure
used
for
activities,
including
indoor
equipment
storage.
E
The
full
definition
of
construction
support
activities
is
a
temporary
structure
used
as
an
office
for
contractors
and
Builders
during
construction
located
at
construction
site
this
service
only
as
an
office
until
the
given
construction
work
is
complete.
This
includes
country,
job
contractors,
offices,
equipment,
storage
or
portable
Laboratories.
E
Now
this
is
for
comparison,
there's,
no
there's.
No
approval
for
construction
support
activities
as
a
temporary
use
of
this
property
and
there's
been
an
application
for
that.
So
that's
not
directly
relevant
to
this
property,
but
it
is
another
place
in
the
Udo
where
we
do
see
on
something
about
how
storage
is
handled
for
construction
activity.
E
Going
out
to
parking
on
an
unimproof
surface,
the
relevant
section
of
the
Udo
is
actually
there.
Next
to
outdoor
storage
under
parking
of
vehicles,
all
outdoor
parking
of
vehicles
and
all
zoning
districts
shall
comply
with
the
following
standards,
including
vehicles
and
trailers
shall
not
be
stored
or
parked
on
an
unapproved
surface
store
to
park.
Vehicles
should
not
block,
impede
or
otherwise
encroach
it
upon
a
sidewalk.
That's
not
an
issue
in
this
case
and
stored
or
parked
Vehicles
should
not
be
used
for
other
purposes,
including,
but
not
limited
to
living
quarters
or
storage
or
materials.
E
E
I
believe
that
we
are,
as
I
said
before,
if
you
want
to.
If
you
need
to
see
any
of
the
photos
or
other
documents,
I
can
pull
those
up
directly
and
share
them.
Likewise,
during
the
appellants
time
for
his
presentation,
if
there's
any
of
his
materials
or
photographs
that
need
to
be
displayed
for
everyone,
I
can
display
those
as
well
and
I
believe
that
we
have
some
other
staff
who
conducted
staff
inspections
here
to
as
well
tonight.
Is
that
correct.
B
Gabriel
we
do,
but
actually
the
petitioner
isn't
present
so
I
think
unless
they're.
So
we
have
four
staff
members
who
have
visited
the
site.
So
unless
you
have
questions
for
them,
I
think
we're
probably
okay
with
what's
been
presented.
B
A
B
A
A
A
B
G
A
J
Okay,
so
the
this
property
is
located
at
2304,
North,
Martha
Street,
and
it's
currently
zoned
residential
medium
lot.
R2
the
properties
to
the
north,
south,
east
and
East
are
also
zoned
R2,
while
the
properties
to
the
West
are
zoned
mixed-use
corridor
and
the
property
is
currently
vacant,
except
for
a
shed
structure
and
parking
that
is
encroaching
from
the
adjacent
lot
to
the
west
of
this
property,
which
is
owned
by
the
same
property
owner.
J
So
this
property
is
also
in
a
historic
district.
The
Matlock
Heights
historic
district
and
the
petitioner
received
a
certificate
of
appropriateness
at
the
February
9
9
2023
historic
preservation,
commission
meeting.
In
addition
to
conditional
use
approval,
the
petitioner
is
requesting
two
variances
to
develop
the
one-story
duplex
as
proposed.
The
first
variance
request
is
from
the
rear
setback
standards.
J
So,
due
to
this
coronary
condition,
the
proposed
development
does
not
meet
the
rear
setbacks
for
that
portion
of
the
rear
lot
line.
The
second
variance
request
is
from
buffer
yard
standards.
The
Udo
calls
for
a
Type
3
buffer
yard,
one
a
duplex
use
is
developed,
adjacent
to
a
mixed-use,
commercial
or
institutional
use,
so
per
the
Udo.
A
Type
3
buffer
yard
requires
20
feet
of
minimum
step
back,
which
is,
in
addition
to
the
building
setback
and
due
to
the
size
of
the
proposed
duplex
on
the
slot.
J
J
J
This
property
is
located
on
a
dead
end
street
that
is
shared
by
a
few
single-family
houses,
an
elementary
school
and
a
place
of
worship.
The
Proposal
pays
attention
to
how
it
interacts
with
adjacent
properties
and
adds
two
dwelling
units
with
the
maximum
number
of
off-street
parking
that
is
allowed.
Additionally,
more
housing
near
the
university
is
desired,
and
this
proposal
adds
two
units.
J
There
are
no
natural
or
Scenic
features
that
will
be
impacted
and
the
creation
of
two
three
bedroom
units
is
not
expected
to
have
any
adverse
impacts
on
surrounding
properties.
No
nuisance
regarding
noise
smoke,
odors
vibrations,
lighting
or
hours
of
operation
is
found.
A
pre-submitted
neighborhood
meeting
was
required
as
part
of
the
filing
process
for
the
conditional
use
approval.
J
So
the
department
recommends
that
the
board
of
zoning
appeals
adopts
the
proposed
findings
and
recommends
approval
of
cu-v-22-22
with
the
following
conditions.
One
this
conditional
use
and
variances
are
limited
to
two
three
bedroom
units,
as
proposed
in
the
filing
documents
of
this
petition.
The
approval
is
for
the
design
shown
and
discussed
in
the
packet
and
with
the
historic
preservation
Commission
to
a
building.
Permit
is
required
before
construction
can
begin
and
three
the
petitioner
must
consult
the
city's
Urban
Forester
about
the
species
of
Udo
approved
Street
trees,
which
can
be
utilized
for
this
development.
J
K
A
A
Okay,
so
you
have
up
to
20
minutes
to
present
your
case
thanks.
K
So
again,
Karina
State
exactly
what
we're
trying
to
do.
This
is
a
rear
lot
that
has
been
used
by
the
The
Body
Shop,
that's
on
Walnut
Street
to
the
west
and
so
I'm,
proposing
to
I'm
purchasing
this
lot
and
gonna
install.
You
know
this
this
residence
there.
K
So
that's
the
goal-
and
you
know
the
body
shop
has
separate.
Zoning
I
did
also
want
to
mention
that
the
Udo
I
think
this.
The
staff
would
tell
you
mistakenly
put
buffer
zones
on
both
sides
of
the
property
line,
so
I
think
the
intention
was
to
have
buffer
zoned
for
the
for
the
more
intense
user,
the
body
shop
or
the
the
you
know
more
intensively,
zoned
property
to
the
west,
but
the
way
the
way
it's
written
applies
it
to
both
sides,
which
is
the
reason
for
that
variance.
K
A
A
Okay,
great
we'll
see
if
we
have
any
questions
from
the
board,
anybody
have
any
questions
about
the
the
petition
for
staff
or
for
petitioner,
no
okay
see
none.
We
will
go
to
the
public.
Is
there
anybody
here
this
evening?
Who
would
like
to
speak
to
this
petition?
A
A
Okay,
no
one.
Okay,
then
we
are
back
to
the
petitioner
for
any
last
comments.
D
Move:
approval
of
Cu
I'm,
sorry
cu-v-22-22
with
the
following
conditions:
the
conditional
use
and
variances
are
limited
to
two
three
bedroom
units,
as
proposed
in
the
filing
documents
of
this
petition.
The
approval
is
for
the
design
shown
and
discussed
in
the
packet
and
with
the
historic
preservation
Commission
to
a
building.
Permit
is
required
before
construction
can
begin
and
three
the
petitioner
must
consult
the
city,
City's
Urban
Forester
about
the
species
of
udo-approved
Street
trees,
which
can
be
utilized
for
this
development.
B
A
G
B
Thank
you.
The
petitioner
for
the
administrative
appeal
did
arrive
and
had
been
notified
previously
by
staff
that
it
was
unlikely
that
he
would
be
heard
before
six
o'clock.
That's
why
he
got
here
late,
so
we
didn't
so
some
are
almost
all
of
us
weren't
aware
of
that.
So
we
are
suggesting
asking
that
there
be
a
motion
to
reconsider
the
petition
put
on
the
table
and
voted
by
the
four
of
you
so
that
the
petitioner
can
present
his
portion
as
well,
and
then
you
would
re-vote
on
the
petition.
B
You
would
vote
on
the
petition.
A
second
time
did
I
explain
that
properly
Mike.
H
B
H
A
Would
we
have
to
have
a
second
staff
report?
You.
D
Is
it
a
reconsideration
or
what's
the
actual
word.
A
H
A
So
then,
we
will
now
proceed
with
an
opportunity
for
the
petitioner,
who
is
now
present
to
make
a
presentation
you
will
have
up
to
20
minutes
at
the
podium
and
as
as
our
regular
situation,
we
will
then
have
an
opportunity
to
ask
questions.
If
you
want
to
reserve
any
time,
then
we
will
come
back
to
you
and
you
can
address
any
of
the
comments
that
we
might
make.
So
sometimes
people
like
to
reserve
a
little
bit
of
time
to
address
anything
or
comments
that
the
board
may
have.
A
G
M
Okay
sense,
except
for
the
the
fact
that
I
didn't
get
to
hear
the
presentation
from
planning
and
transportation.
A
A
E
A
E
This
is
an
appeal
for
5
30,
South,
Washington
Street.
It's
6400
40
square
feet
approximately
in
the
residential
Urban
lot,
so
any
District
Conference
of
plan
mixed
use,
a
mixed,
Urban
residential
future
Andrews
area.
It's
a
single
family
dwelling,
the
appeals
of
it
administer
it's
an
administrative
appeal
of
a
notice
of
violation,
warning
Leisure
letter
issued
in
October
2022.
E
So
then,
for
the
record
hand,
first
received
complaints
in
July,
2021
of
outdoor
storage
or
outdoor
garbage.
Here's
a
photo
from
August
10th
I'm
going
to
go
through
these
rather
quickly.
These
were
all
in
the
packet
also
August
10th.
This
is
the
nov
warning
letter
issued
in
August
2021.
E
Here's
evidence
of
progress
toward
complaints
in
February,
again
February
2022,
March,
2022,
again
March
2022,
but
the
complaints
continued
in
August
2022,
so
last
summer,
staff
again
inspected
the
site
and
here's
a
photo
from
August,
8th,
2022,
August
9th
again
August
9th
September
20th
in
a
second
nov
warning
letter
was
issued
on
October
20th
for
violations
of
the
use,
specific
standards,
regular
storage
and
also
parking
on
an
unimproved
surface.
E
I
also
included
in
the
presentation,
as
the
board
member
saw
earlier
photos
from
earlier
this
from
last
week
from
hand
staff
on
February
15th.
Here
we
have
outdoor
storage
of
materials
and
parking
on
improved
surface.
E
This
is
also
February
15th,
also
February
15th
also
February
15th.
This
is
taken
from
the
alley
behind
the
house.
Turning
to
what
the
Udo
says,
we
have
the
use,
specific
standards
for
outdoor
storage
out,
outdoor
storage
of
equipment,
materials,
scrap
waste
or
scrap
materials
and
pallets
is
prohibited.
E
It
is
relevant
that
the
Udo
does
not
contain
any
exception
for
outdoor
storage
from
outdoor
storage
standards
for
construction
activities
as
a
comparison,
another
use
in
the
Udo
construction
support
activities,
which
is
not
a
use
that
has
been
permitted
on
this
property
that
this
property
has
a
permit
for
or
that
anyone
has
applied
for
a
permit
for
it,
but
as
a
comparison,
construction
support
activities
include
a
temporary
structure
that
can
include
a
contractor's
office,
equipment,
storage
or
portable
Laboratories,
so
that
this
is
saying
that
construction
support
activity
involves
indoor
storage,
which
is
not
outdoor
storage.
E
The
part
of
the
Udo
that
addresses
parking
on
an
approved
surface
is
next
to
the
section
about
outdoor
storage
and
includes
that
vehicles
or
trailers
shall
not
be
stored
or
parked
on
an
unapproved
surface.
That's
I
there
and
then
iii3
down
there.
Starter
Park
Vehicles
should
not
be
used
for
other
purposes,
including,
but
not
limited
to
living
quarters
or
storage
or
materials
in
accordance
with
the
Udo,
because
this
petition
is
an
administrative
appeal.
E
The
staff
report
shall
not
make
a
formal
recommendation
if
the
board
wishes
to
see
any
of
the
photos
again
or
if
it
comes
up
in
questions.
I
can
certainly
display
those
or
the
The
Entity
documents
again
for
the
also
for
the
petitioner,
if
the
appellant
I
guess,
if,
if
he
has
any
documents
or
photographs
that
were
submitted,
that
he
would
like
to
display,
I
can
put
those
up
as
well
and
his
request
during
his
his
time.
So
just
let
me
know
what
to
display.
That's
the
staff
report.
Okay,.
A
A
So
when
you're
ready,
if
you
could
just
say
your
name.
M
M
M
I
have
been
working
diligently
for
months
and
months
and
months
every
day,
making
improvements
tightening
up
the
the
ships
so
to
speak
and
as
far
as
the
as
far
as
the
parking
on
it
on
improved
surfaces
issue
goes.
M
M
The
intention
of
the
structure
that
I
included
in
my
packet
information
is
to
store
items
that
are
currently
outside,
but
these
items
are
building
materials
and
tools.
You
could
see
from
one
of
those
images
my
mortar
mixer.
These
are
things
that
I
have
to
have
access
to
in
order
to
continue
to
construct
and
improve
my
property
and
increase
its
value,
and
my
own
security.
M
Now
the
first
two
images
that
were
in
the
packet
that
you
saw
that
came
from
planning
and
transportation.
Those
two
images
were
taken
by
Liz
Carter
in
2021
and
they
weren't
labeled
as
to
win
that
date
of
those
images
being
taken
was
actually
but
Liz.
Carter
took
those
images
reached
out
to
me
after
there
was
a
complaint
from
my
neighbor
to
the
South
in
August.
M
M
They
have
to
come
in
and
paint
and
do
all
the
things
prepare
for
the
next
crop
of
one
year
only
tenants
well
when
they
see
me
working
on
my
property,
it
always
raises
their
ire
and
last
year
or
in
2021,
when
Liz
Carter
contacted
me.
She
shared
with
me
that
nargas,
who
called
this
in,
had
not
only
not
only
said
that
I
had
garbage
all
over
my
property,
but
she
said
I
was
operating
an
illegal
rental
and
so
Liz
Carter
checked,
checked
that
out
and
found
it
to
be.
M
You
know
false
a
false
allegation
and
she
reprimanded
nargas
for
that
action.
Now.
I
know
that
nargas
was
responsible
for
that,
because
she
told
me
later
she
was
like
I
called
the
city
on
you
in
any
way
that
I
could
think
of,
and
that
including
include
the
health
department,
planning
and
transportation
and.
M
Those
allegations
were
that
were
that
case
was
later
closed
by
Liz
Carter
prior
to
the
to
the
date
in
which
those
second
four
Images
were
that
were
included
in
the
packet
from
Gabriel,
the
ones
that
took
place
that
were
taken
on
February,
17th
and
March
31st,
and
once
again
in
that
heading
it.
It
says
evidence
of
compliance.
M
M
However,
I
met
with
I
met
with
officers
from
the
city,
both
from
planning
and
transportation
in
hand
and
I
told
them
that
I
wish
to
come
into
compliance.
M
Please
just
show
me
what
I
should
do,
unfortunately,
the
it
would
there
was
there
wasn't
a
back
and
forth.
I
was
not
given
information.
No
images
were
shared
with
me.
There
were
vague
statements
that
I
had
garbage
all
over
my
property.
Well,
what
I
learned
later
was
that
what
they
consider
garbage
are
my
very
vital
and
necessary
building
materials.
I'm,
a
natural
Builder,
I
purposefully
tried
to
reuse
every
building
material
that
I
can
I,
don't
believe
in
waste.
M
I,
don't
believe
in
garbage
there
I.
Never
let
any
garbage
come
onto
my
property
if,
if
something
floats
in
from
outside
from
Kroger
or
wherever
I
pick
it
up,
I
pick
up
the
trash
in
my
entire
neighborhood,
so
I'm
very
well
aware
of
what
garbage
is
and
these
items
that
I
have
are
necessary
for
me
to
complete
and
continue
the
renovations
that
I
need
to
ensure
my
own
security.
M
So
back
to
the
obtaining
of
the
electrical
permit
for
the
installation
of
my
solar
system,
it's
clear
that
that
indicates
activity
toward
Construction,
not
only
that,
but
the
hundreds
and
hundreds
of
hours
that
I
have
put
into
clearing
the
land
clearing
the
back
part
of
my
property
of
bushes
and
trees
in
order
to
create
an
open
space
for
me
to
build.
My
structure
has
taken
a
considerable
amount
of
time.
M
Now
it's
been
suggested
that
I
bring
all
of
my
materials
into
my
structure.
Well,
I
salvaged
last
year,
a
hundred
year
old
wooden
garage
structure
from
down
on
South
Lincoln,
Street,
I,
panelized
it
and
brought
it
home
so
that
I
could
use
it
reincorporated
into
the
structure
that
I'm
building
in
the
panel
form.
Those
are
too
large
to
go
through
any
opening.
In
my
basement
or
my
front,
the
front
of
my
house
any
door
so
I
have
tried
to
neatly
as
possible,
consolidate
them
all
in
one
area.
M
Well,
when
I
look
around
town
at
the
construction
that
takes
place,
I,
don't
see
that
sort
of
activity
happening
and,
as
a
matter
of
fact,
in
the
information
that
I
submitted
in
the
packet
I
took
pictures
of
all
of
the
egregious
chaotic
destructive
building
that
has
taken
taking
place
right
now,
as
we
speak
all
around
the
downtown
area,
soil
in
the
streets
parking
on
a
truly
unimproved
surfaces
without
gravel.
M
M
Now.
On
top
of
that,
there
is
also
a
state
law,
Loosely
regarded
as
the
Log
Cabin
rule,
where
any
title
holder
in
the
state
of
Indiana,
who
does
not
have
the
means
to
build
to
code
or
hire
someone
to
build.
The
code
must
be
able
to
shelter
themselves
on
their
Homestead,
as
they
are
best
able,
and
the
judge.
M
Now
right
now,
no
one
has
challenged
this
in
a
municipally,
organized
or
Incorporated
setting.
All
of
the
challenges
have
been
in
the
county
of
whichever
jurisdiction
the
appellant
has
chosen,
but
it
makes
no
sense
that
a
person
residing
in
a
municipally
Incorporated
area
would
not
share
the
same
rights,
the
same
constitutional
rights
to
shelter
themselves
and
to
build
to
better
their
lot
and
condition.
M
Now
I'm,
a
green
Builder
I've
been
a
builder
for
over
30
years.
I
was
the
house
leader
on
habitat
for
humanities,
one
and
only
passive,
solar
straw.
Bale
house
I
know
how
to
build
the
code
I'm,
not
suggesting
that
I
don't
wish
to
have
a
code
compliant
accessory
structure
or
home,
or
what
have
you
on
my
property,
because
I
know
how
to
build
efficiently
carefully
safely
and
sustainably?
M
M
M
I
have
already
demonstrated
that
if
one
were
even
to
take
a
look
at
some
of
the
images
that
were
never
shared
with
me
by
the
way,
during
my
appeals
before
the
Board
of
Public
Works,
for
the
the
alleged
hand
violations,
if
one
were
to
look
at
those,
they
would
see.
Dramatic
dramatic
change
has
happened
on
my
property
I.
Don't
quite
understand
why
those
images
were
not
included
to
juxtapose
against
what
was
offered.
M
M
The
maybe
some
of
the
final
thoughts
that.
I
M
M
M
A
A
I
A
E
If
I
could,
if
I
could
jump
in
with
what
I
said
in
the
first
presentation,
while
Mr
Davis
was
not
here,
I'll,
just
repeat
it
for
beta,
because
I
wrote
it
down.
Frankly,
the
situation
at
this
property
is
complicated,
involving
enforcement
by
multiple
City
departments,
and
the
ultimate
resolution
will
not
be
simple
to
achieve.
However,
luckily,
for
you,
it
is
not
this
board's
responsibility
to
find
a
resolution
with
the
property
owner.
E
It
is
your
responsibility
in
an
administrative
appeals
case
to
decide
if
the
stop
determination
is
correct
and
supported
by
the
unified
development
ordinance.
In
this
case,
your
responsibility
is
to
determine
if
there
was
outdoor
storage
of
materials
and
parking
on
an
unapproved
surface.
At
the
time
the
nfe
warning
was
issued
in
October
last
fall.
That's
it.
A
Okay,
thank
you.
Thank
you,
so
just
to
be
clear,
that
is,
that
is
our
purview
this
evening.
Does
anybody
have
any
questions.
A
None
okay,
then
we
are
to
the
public
for
any
comments.
You'll
have
an
opportunity
to
speak.
You'll
have
a
little
bit
more
time
left
at
the
after
public
comment.
Is
there
anybody
here
in
person
who
would
like
to
speak
to
this
petition
or
on
Zoom?
Who
would
like
to
speak
to
this
petition.
A
N
N
Tom
lillis!
Yes,
yes,
so
from
the
perspective
of
knowing
Joe
and
his
involvement
in
the
neighborhood,
not
I.
I
cannot
and
will
not
pretend
to
be
to
be
an
expert
on
on
the
code
or
whatever.
That
is
he's
been
a
very
good.
Neighbor
he's
been
good.
He
has
been
good
for
the
neighborhood.
N
As
you
may
know,
there's
we've
got
an
issue
with
those
experiencing
homelessness
that
we
see
down
there,
and
so
Joe
has
been
among
many
Property
Owners,
trying
to
make
sure
that
that
there's
those
folks
are
not
scorned
nor
given
free
reign.
We
do
pick
up
a
lot
of
used
needles,
Etc.
It's
a
bad
situation,
but
Joe's
been
a
very
good
neighbor.
We
had
a
fire
in
the
neighborhood
several
years
ago.
N
I
think
you
probably
know
of
the
the
Carmichael
house
on
the
corner
of
first
and
Washington,
and
that
was
late
at
night
and
the
fire
department
was
using
some
new
equipment
at
the
time
to
address
the
fire.
They
were
blasting
a
lot
of
water
onto
our
property.
We
had
a
tenant
actually
get
trapped
in
their
house
because
of
the
volume
of
water
at
about
three
in
the
morning,
Joe
was
helping
to
bail
that
out,
so
I
can
tell
you
he's
been
a
good
neighbor
from
a
one
other
perspective.
N
G
A
A
A
You
are
more
than
welcome,
please
to
come
back
Mr,
Davis
I
think
you
had
a
little
bit
less
than
a
minute
yep
about
40
seconds.
If
you
have
anything
that
you'd
like
to
add
at
this
time.
A
M
M
I
can
State
this.
Yes,
according
to
the
eyes
that
were
upon
it,
it
could
appear
that
I
was
within
compliance
or
not
within
compliance.
But
when
you
look
at
the
fact
that
I
had
an
act
of
construction
zone
taking
place,
then
there
wasn't
outdoor
storage
of
materials.
There
was
just
building
materials
on
site
and
once
again,
I
presented
images
of
all
sorts
of
building
materials
on
these
downtown
properties
that
were
just
on
site.
They
were
not
being
stored
inside
so
they
as
well
were
not
in
compliance.
A
So
we're
back
to
the
board
now
for
Action
I,
regret
that
there
may
have
been
some
Community
miscommunication
between
the
petitioner
and
the
purpose
of
and
purview
of
our
of
this
board
this
evening,
but
we
have
a
very
narrow
purview
and
that
is
there
were
letters
sent
to
the
petitioner
twice
about
about
these
these
violations.
They
were
both
warnings.
Are
they
were
they
not
there
weren't
any.
A
They're
both
warnings,
which
indicate
to
me
that
the
the
city
and
compliance
is
working
with
the
petitioner
to
resolve
these
issues
and
I.
Do
appreciate
on
the
comments
meant
here
made
here
this
evening
on
behalf
by
the
petitioner
in
stating
his
intent
to
to
meet
the
Udo
and
to
comply,
and
so
I
trust
that
that
process
going
forward.
But
we
have
a
very
specific
purview
which
we
do
have
to
fulfill.
F
D
F
Just
say
real,
quick
yeah,
the
reason
I
mean
it's.
The
same
stance
I
had
before
and
I
do
I
appreciate
you
sharing
I
think
that's
a
part
of
the
democratic
process
we
have
here.
We
could
have
said
no
so
I
think
that
giving
you
the
opportunity
that's
the
way.
It
should
be
appreciate
the
comments
from
your
neighbors.
F
But
again,
if
we
are
voting
on,
you
know,
humanitarian
efforts
and
the
sentiments
of
individuals,
it'd
be
a
different
story
and
we're
not,
and
while
we
can
appreciate
that-
and
it's
heartfelt
when
I
say
that
I
appreciate
your
approach,
how
you
treat
homeless,
people
I
think
based
on
the
purview,
that's
where
this
is
coming
from,
and
so
that's
the
rationale
behind
it.
That's
the
black
and
white
of
it.
So
I
just
want
you
to
be
able
to
understand
that
fully
from
where
I
stand
and
where
we
stand
as
a
group.
B
G
G
B
A
Thank
you,
okay,
so
the
administrative
appeal
is
denied,
but
we
wish
you
the
best
and
and
luck
in
moving
the
property
into
compliance.
Thank
you.
So
much
I
am
now
going
to
be
recusing
myself
for
the
for
the
next
case,
and
so
let
the
the
minutes
reflect
that
and
that
show
track.
Morton
will
be
conducting
the
rest
of
the
meeting.
Thank
you
thank.
D
You
Barry,
and
also
at
the
record,
reflect
I
I.
Do
I
should
ask
Barry
does
not
need
to
be
here
at
the
conclusion
of
the
recuse
case.
Does
she
no
okay?
So
in
that
case,
if
you
would
like
to
leave
since
this
is
our
last
a
portion
of
the
hearing,
thank
you
for
tonight.
D
D
Okay
again,
this
is
case:
v-52-22
Bloomington
Board
of
zoning
appeals,
the
petitioner
being
Omega
Master
LLC
correct.
If
we
could
hear
the
staff
report,
please.
J
J
No
injury
to
the
public
health
safety,
morals
and
general
welfare
is
found
as
a
result
of
this
petition.
No
adverse
effect
to
the
use
or
value
of
the
adjacent
properties
is
found
as
the
result
of
this
petition
and
practical
difficulty
was
found
in
that.
This
is
an
existing
condition
that
already
addresses
the
requirements
intent
but
impedes
the
addition
of
two
dwelling
units
to
the
rear
of
the
building.
J
Without
significant
interior
renovation,
the
property
has
a
front
yard,
and
the
first
floor
is
elevated,
so
the
existing
condition
already
addresses
the
intent
of
this
requirement,
which
was
to
create
a
buffer
for
the
residential
uses.
On
the
first
floor,
so
the
department
recommends
that
the
board
of
zoning
appeals
adopts
the
proposed
findings
and
recommends
approval
of
v-52-22
with
the
following
condition.
One
a
minor
site
plan,
review
and
building
permit
are
required
before
construction
can
begin.
J
D
D
L
Thank
you,
I'm,
not
sure.
If
Rob
Friedman
is
there
available,
but
I'll
just
speak
briefly,
Karina
covered
it
I
believe
pretty.
Well,
we
just
want
to
add
on
to
the
back
of
this.
Existing
building
create
some
more
density
in
covered
parking.
It's
almost
identical
to
what
was
done
to
the
property
to
the
north
several
years
ago,
but
because
of
the
change
in
the
Udo
like
the
front
20
feet
being
non-residential
in
the
zone.
L
That's
what
creates
the
the
go,
but
I
think
it's
that's
all
been
explained
and
outlined
very
well
by
Karina.
If
you
have
any
questions,
I'll
be
happy
to
answer
them.
Thank
you.
Thank.
D
C
C
B
C
Sorry,
that's
okay,
I'm,
sorry,
anyway,
the
property
does
not
lend
itself
well
to
any
commercial
component.
There's
a
huge
front.
Porch
on
the
property,
like
I
said
it's
always
been
residential
and
I.
Think
our
main
concern
is
that
it
would
be
very
difficult
to
fill
the
space
as
commercial
and
it
just
wouldn't
lend
itself
well
to
a
commercial
component.
So
that's
really
all
I
have
to
say
right
now.
Thank
you.
Thank.
D
You
and
we'll
reserve
the
remainder
of
the
18
minutes
in
case.
You
want
to
use
it
following
the
next
portion
of
this
hearing.
With
that
we'll
go
to
the
board
for
questions
of
the
staff
or
the
petitioner
any
questions,
okay,
seeing
none
is
there
anyone
in
the
public
either
here.
First
we'll
start
in
the
chamber
in
the
chamber,
who'd
like
to
speak
to
this
petition.
D
Seeing
none
is
there
anyone
on
Zoom?
No,
therefore,
we
will
go
back
to
the
petitioner.
Is
there
anything
either
Matt
or
you
would
like
to
add
here
in
the
remainder
of
18
minutes?