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From YouTube: Bloomington Board of Zoning Appeals, September 22, 2022
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A
B
C
E
F
We
have
a
pretty
full
agenda
tonight.
We
wanted
to
highlight
that
the
adobe
compilation
of
the.
F
Packet
put
the
petitions
out
of
order,
so
you
will
need
to
search
for
the
case
number.
F
F
Then
you
all
would
discuss
what
you
would
prefer
as
far
as
having
a
hard
stop
or
going.
A
So
the
petitions
to
be
continued
to
october
20th
2022
is
aa-17-22
joe
kemp.
A
V-32-22
richard
judd,
v-34-22,
adam
jackson,
caritas,
indiana,
llc.
A
Our
previous
hearing,
can
you
advise
us
as
how
to
handle
time?
Because
the
petitioner
had.
A
F
I
believe,
because
the
petitioner
used
his
time
and
we
also
did
public.
F
Comment
and
closed
it
that
to
open
either
of
those
either
more
information
from.
A
To
do
is
suspend
our
rules
in
order
to
allow
additional.
A
Is
there
a
recommendation
from
staff
as
to
the
time
limit,
we
did
when
discussing,
decided.
F
So
yeah,
we
think
five
five
to
ten
minutes
would
be
appropriate.
Okay
and
we
don't
have
to
have.
A
A
summary
of
the
staff
report-
I
don't
think
so.
We
had
one
thing
we
wanted
to
add.
F
And
otherwise
we,
I
don't
believe
per
the
report
that
miss
pasos
received
anything
else
from.
A
K
I
mean
this
seems
like
jack,
has
just
pulled
10
minutes.
Out
of
your
hat,
I
mean.
K
Do
I
get
an
opinion
as
to
what
I
was
going
to
present
or
is
that
your
stand?
I
know.
B
K
Well,
first,
I'd
like
to,
if
I
could,
on
the
the
70
first
floor,
facade
windows.
We.
K
K
K
I
wanted
to
point
out
was
and
jackie
if
you,
if
you're
the
other
one,
the
other
file
and
right.
K
One
more
one
more
there,
the
elevation,
so
this
is
sort
of
what
you
see
on
the
elevations.
K
Was
what's
unique
about,
particularly
as
the
windows
relates
is
the
both
the
design
which.
K
Has
been
driven
by
both
the
the
grade
in
our
site,
location,
and
so
as
ryan
had
mentioned,.
K
When
you
combine
that
with
the
fact
that
we
have
much
significantly
higher
first
floor
ceilings,.
K
K
The
transparent
glass,
even
with
51,
to
55
percent.
What
makes
this
challenging,
what
ryan.
K
K
K
K
K
Way
the
grades
work,
I
mean
the
the
front
facade
of
this
has
a
tremendous
amount
of
windows
in
it.
K
K
K
The
elevations
work
and
that
we're
actually
I
I
just
don't
think
we'll
ever
achieve
enough
windows.
K
Five
minutes
left,
so
I'm
going
to
stop
there
on
that
one.
Okay,
any
questions
related
to
that
one.
K
No
okay,
then
jack.
If
you'll
go
back
to.
K
By
strict
compliance
couldn't
be
considered,
and
that
is
just
not
the
case.
The
indiana
court
of.
K
Economic
impacts
to
to
the
petitioner
as
well
and
jack
if
you'll
scroll
down
again.
K
K
K
Work
together
and
then,
if
you'll
scroll
down
a
little
further
jackie
there,
then
this
is
the.
K
K
I
think
that's
when
the
state
legislature
had
changed
sort
of
the
some
of
these
requirements.
K
Recently
again
in
2021.,
interestingly,
if
you
scroll
down
a
little
more
jackie,
this.
K
K
And
they
cite
the
kates
and
if
you
go
that,
will
you
scroll
down
again
jackie,
I'm
sorry,
I'm.
K
K
K
The
building,
because
you
can't
access
it,
and
so
so
I
end
up
with
a
lot
of
waste
or
dead
space.
So.
K
I
could
go
on
and
perhaps
if
you
would
grant
me
another
five.
E
K
Next
so
so
I
I
would
ask,
and
maybe
your
your
legal
counsel
could
provide
more
input
into
this.
K
K
They're,
just
because
I
have
selected
a
use
that
doesn't
that
has
this.
K
K
K
K
K
K
K
K
K
Kinds
of
elevations,
so
you
can
see
kind
of
how
we
drop.
But
if
you
go
up
the
alley
you're
at
like.
K
K
Top
of
the
alley,
I
think
it's
like
774.,
and
so
these
grades
just
make
it
really
difficult
to
find.
K
K
K
K
So
the
the
the
grades
and
the
costs
prevent
any
other
reasonable
option
to
make
it
work
to.
G
F
This
point
we
didn't
hadn't
received
anything
new
from
the
petitioner,
then
my
follow-up
would
be.
G
Mr
rooker,
can
we
received
some
questions
from
mr
lloyd
and
are
happy
to
clarify
further
if.
I
I
G
Issues
about
the
windows,
I
want
to
concentrate
on
the
parking,
so
you
had
in
the
findings.
G
G
Environment
that
that's
the
case,
I'm
so
sorry
are
you
talking
about
proposed
finding
for.
F
F
Don't
have
that
everywhere
we
do
have
that
here.
It's
desired
here
in
our
community
documents.
F
This
location
is
injurious
because
it
goes
against
that
desire.
You
know
this
isn't
a
side
street.
F
F
We
do
not
have
a
lot
of
vacant
commercial
on
our
main
pedestrian
corridor
in
downtown.
F
Which
is
kirkwood
reduced
retail
space
devalues
the
interface
between
the
public
and.
F
F
In
this
area
makes
room
for
or
requires,
and
just
to
be
clear,
we're
talking
about
a
difference.
G
A
Nothing
I
have
a
question
for
the
petitioner
had
have
you
looked
at
since,
since
you
have.
A
Identified
that
you
have
this
parking
need,
that
is
essential.
Have
you
looked
at
since
you.
A
Have
a
very
tall
first
floor,
stacking
parking
on
two
levels
coming
in
in
two
different
locations.
K
M
M
M
M
M
K
K
K
Ago
we
had
enough
to
have
the
the
four
units
the
two
of
the
units
at
the
top
could
have
up
to.
K
K
K
N
That,
madam
president,
if
I
can
yeah
okay
to
the
staff
again,
the
amount
of
space
help
help.
F
Just
I'll
say
when
we
spoke
to
a
realtor
trying
to
decide,
is
the
50
reasonable
this
location
when.
F
It
was
doable
that
it
was
leasable.
He
said,
the
type
of
use
that
would
typically.
F
G
G
We've
we've
certainly
have
have
had
interests
and
discussions
with
people,
but
I
think
what
we're.
K
Small
art
gallery,
it
could
be,
someone
like
you
may
be
familiar
with.
You
know
place
like.
K
K
That,
I
think-
and
you
see
you
see
some
smaller
retailers
certainly
on
the
square,
but
I
think
I.
K
K
K
Are
those
are
all
things
that
we've
we've
had
discussions
about,
but
from
our
perspective.
G
K
F
Kirkwood
is
about
a
thousand
square
feet,
so
yeah,
so
we're
verifying
that.
But
I
think.
G
G
F
I
will
say
that
the
bookstore
book
corner
at
the
northeast
corner
of
kirkwood
so
immediately.
F
We've
got
a
long
night
ahead,
but
the
you
know,
as
the
petitioner
describes
it
this.
F
Is
economically
advantageous
to
him
to
have
smaller
retail
space
here
and
not
wanting
to.
F
F
Mr
rooker
was
discussing
that
that
the
case
law
does
allow
for
the
bza
to
consider
significant.
F
F
F
F
Be
developed
period
and
in
this
case
it
may
be
difficult
to
develop
this
particular
design.
But
we.
A
A
Now
would
we
do
the
variances
together
or
it
seems
like
there's
a
request
from
the.
F
F
E
E
E
G
A
Which
one
we
want
to
take?
First,
we
can
take
the
the
windows,
it's
the
easier
one.
Okay,
do
I
have
a
motion
on
a
variance
on.
A
The
window
percentage
well
I'll,
go
ahead
and
take
a
shot
at
it.
I
move
approval
in
case
v-27-22.
A
The
granting
events
will
not
injure
be
injurious
to
public
health
safety,
morals
and.
H
Is
is
in
character,
is
found
to
be
in
character
with
the
surrounding
commercial
properties.
A
Invited
development
ordinance
shelby
will
result
in
practical
difficulties.
A
In
the
use
of
this
property-
and
if
you
don't
mind,
I,
I
would
say
that.
H
Due
to
the
forefoot
grade
change
east
to
west
along
kirkwood
avenue,.
H
That
any
larger
the
sizes
are
not
practical.
That
challenges
the
I
don't
know
in
sort
of.
F
Meeting
70
would
require
excessive
amount
of
glass
compared
to
other
buildings
in
the
area.
E
That
19
percent
similar.
E
Here
in
front
of
us,
so
they're
asking
for
variants
based
on
the
peculiarity
of
this
site.
E
Does
that
work?
No
you
where
you
have
to
have
the
first
two
findings:
okay,.
G
G
L
G
Two
you're
asking
about
whether
it's
going
to
be
injurious
to
reduce
the
50
to
19
percent.
G
E
Readificly
in
the
on
a
kirkwood
street,
in
that
point
where
it
might
become
a
walking.
F
F
P
There's
some
on
the
screen,
flavia
sure
I'll
just
go
ahead
and
read
it
out
and.
F
While
providing
allowing,
I
would
say,
ample
percentage
for
garage
or
residential
space.
F
G
A
And
like
the
project,
you
know,
I
I
think
if
we
were
a
little
bit
closer,
I
mean
we're.
A
A
How
does
the
does
the
size
of
the
site
for
the
for
the
category
the
zoning
category?
How
does
that.
A
Is
there
is
this
a
small
site?
Is
there
anything
peculiar
about
the
size
of
the
site.
G
G
Of
25
percent
retail
space
instead
of
19
or
or
do
you
see
a
solution
in
front
of
us.
G
A
We
have
to
draw
our
our
finding
from.
I
agree
that
this,
the
the
the
alley
access.
A
Definitely
that
creates
a
particular
condition,
but
that
peculiar
condition
is
related
to.
G
F
K
G
In
there,
no,
we
didn't
discuss
anything
beyond
that.
We
were
basically
trying
to
just
to
determine.
F
G
There
were
still
one
alternative
finding
that
wasn't
resolved.
It
was
number
two
jack.
A
Mean
I
guess
one
thing
I
obviously
you
know
condo
unit
something.
This
is
a
a
type.
A
H
A
Want
to
promote
residential
any
could
we
could
we
understand
that
really
only
any
owner-occupied.
A
A
It
and-
and
so
this
is,
this
is
not-
this
would
not
be
unusual
for
any
for
any
project
here,
not.
A
A
Site,
I
don't
know
I'm
trying
to,
because
I
I'm
trying
to
get
at
that
self-imposed
part
like
is,
is.
I
I
And
meat
to
the
requirements
we
see
in
state
code,
which
is
that
you
find
practical
difficulties.
I
A
F
Yeah-
and
I
would
say
you
know
some
of
the
things
we've
discussed.
For
example,
the
like.
F
F
F
F
A
variance
because
they
already
have
a
design
that
they
would
desire
to
build
at
this
time.
A
And
and
just
to
recap,
if,
if
we
do
deny
the
second
variance,
what
are
their
options.
F
F
F
There
just
are
some
stipulations.
I
believe
that
you
having
to
vote
but
well
double
check.
I
Is
six
months
if
a
zoning
petition
is
denied
if
a
petition
is
denied
okay.
A
So
we
do
have,
we
do
have
a
emotion
on
the,
but
it
hasn't
been
seconded.
H
E
And
it's
a
condo
home
on
home
occupied
condominium,
which
would
work
best
with
parking.
F
Sorry
flavia,
did
you
say
the
peculiarity
you're
suggesting
is
that
the
site
will
be.
F
So
we
will
just
advise
say
that
that
isn't!
Yes,
yes
of
course,
okay,
just
one
for
the
record
that.
E
A
O
A
A
A
I'd
be
happy
to
ask
that
of
our
our
council.
The
motion
wasn't
that
you
didn't.
A
Well,
I
guess
I
think,
would
it
be
fair
to
ask
for
the
petitioner
to
explore
options
to
stack.
A
Slightly
taller
first
floor
as
an
option
that
would
increase
the
the
the
the
ability
to.
A
Have
more
I-
and
I
will
grant
you
to
answer
that
question,
because
that
is
a
director.
Yes,
I.
K
Would
I'd
be
happy
to
consider
other
options
that
could
make
the
parking
work
in
conjunction.
K
K
Evidence
to
that
effect
I
think
feel
like
this
is
like
a
new
area
for
you,
but
I
in
a
nutshell,
I.
K
K
K
You
something
that
we
we
can't
do
either
so,
but
given
the
vote,
if
there's
an
opportunity
to.
A
Okay,
joe,
I
don't
know
if
you're
going
to
continue
to
abstain
on
these
on
on
this
vote,
but.
G
But
at
the
same
time,
I'm
trying
to
balance
that
with
the
the
development
of
that
that
space
so.
G
I
want
to
vote
against
it
and
if
somebody
has
something
that's
compelling
I'll,
listen
to
it,
but.
G
G
G
A
Commission
we're
not
reviewing
site
plans
either,
so
I
think
I
think
I
would
like
to.
A
I
A
G
A
I,
according
to
the
findings
of
fact
that
have
been
presented.
Would
that
get
a
second.
Q
Q
Q
K
K
K
A
I
I
I
K
G
G
I
G
A
E
K
A
R
Thank
you.
This
is
a
request
for
more
and
with
on
behalf
of
chipotle
for
property.
R
R
R
R
R
To
construct
a
new
chipotle
restaurant
it'd
be
approximately
2
000
square
feet.
The
site
is.
R
R
R
R
R
R
R
R
Restaurant
would
have
approximately
a
thousand
square
feet
of
dining
space,
so,
based
on
that.
R
Building
facing
a
street
to
connect
to
and
have
a
pedestrian
entrance
to,
that
adjacent
frontage.
R
Pedestrian
connection,
in
addition,
as
I
mentioned
third
street,
is
an
indot
road
and
having
a.
R
R
R
R
R
You
know
they
believe
that
the
numbers
should
be
higher
says.
The
board
is
also
certainly.
R
R
Recently
changed,
I
think,
in
the
second
round
of
amendments,
how
parking
was
calculated
for.
R
R
R
R
Between
the
site
and
third
street
that
does
present
practical
difficulty
with
connecting.
R
Not
have
to
occur
in
order
for
that
to
be
there.
You
know
the
parking
area
could
certainly
be.
R
R
Allow
for
the
the
site
to
be
incorporated
and
built
according
to
the
udo
standards.
R
So
we
are
recommending
approval
of
the
pedestrian
entry
variants,
but
denial
of
the
variance
from.
R
A
The
bca
board:
okay,
can
we
please
have
the
petitioners
representative?
If
you
could.
A
Please
state
your
name.
My
name
is
wayne
carmen
attorney
jeff
daniel
bonifanio
associates.
C
A
Swear
to
tell
the
truth,
nothing,
but
tricks
to
do.
Okay
went
to
their
two
distinct
variances.
N
S
When
this
shopping
center
was
built
back
in
the
late
60s,
early,
70s
or
somewhere
in
that
vicinity,.
S
In
the
fill
to
elevate
third
street
to
the
elevation
it
is
now
and
as
eric
mentioned,
it.
S
Was
put
in
probably
to
accommodate
the
ramp
for
I
I-6
or
I-69
standard
37
and.
S
S
It
is
encumbered
by
the
sanitary
or
the
water
main
easement,
which
had
that
easement
not
been.
T
Egrets
over
here
and
access
this
site-
and
I
have
a
I
think-
there's
a.
S
Sketch
of
that
potential
on
the
the
next
yeah
that
one
right
there.
S
S
To
have
circulation
to
the
site
and
also
have
stacking
on
you
know
for
our
drive-through
lane.
S
The
south
property
line
of
this
site
and
the
west
property
line
between
us
and
outback
steakhouse.
S
S
S
Their
roadway
at
that
point
that
and
there's
a
fence
there
to
keep
that
from
occurring.
S
The
encumbrances
of
the
12
000
square
feet
of
the
water
main,
taking
as
in
addition
to
the.
C
Can
you
put
up
the
this
afternoon
he
put
in
there,
you
put
it,
it
should
be
at.
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
There's
street
parking
available
for
traffic
that
cannot
fit
on
site
so
talking
fast,
but.
C
A
J
You
in
advance
for
your
time
and
consideration
this
evening
so
just
like
to
kind
of
expand.
J
J
J
J
J
J
J
C
C
C
C
G
Sure
first,
this
is
a
two-parter
first
for
staff,
second,
for
petitioner,
so
first
to.
G
Staff,
which
is
the
petitioner
asserted
that,
could
you
put
up
page
114
on
our
the
overhead.
G
R
You
know
what
we
look
at
and
certainly
what
the
board
looks
at.
Are
you
know
what
are
the.
R
Conditions
that
are
unique
to
a
property
as
a
whole,
you
know,
or
or
as
the
property
sits.
R
Is
vastly
under
park,
you
know,
which
is
a
great
example
of
why
we
have
parking
maximums.
R
To
multiple
places
within
here
you
know
there
are
sidewalks
all
along
third
street.
R
Alternative
transportation,
bicycling
cycling,
you
know
no
location
in
bloomington.
You
only.
R
Have
to
drive
to
where,
within
a
community
there,
this
is
on
a
bus
route.
So
there's
lots
of
ways.
R
That
you
can
get
to
this
site,
but
to
go
back
to
your
question.
We
we
do
not
look
at
or
you
know.
R
C
C
G
G
Discussion
has
been
undertaken
to
request
some
kind
of
an
agreement.
Well,
it
may
be
that
david's.
C
G
G
G
A
The
lectern
and
state
your
name
and
I
will
swear
you
in.
A
U
U
U
U
U
U
My
son
eric's
here
maybe
he
can
weigh
in
too
and
he's
starting
to
take
over
some
of
my.
A
Could
you
state
your
name
eric
kamen?
Do
you
swear
to
tell
the
truth
the
whole
truth
and.
V
About
it,
I
just
like
a
chipotle
needs
more
parking
and
they
should
get
it.
Thank
you
thanks.
W
What
do
I
have
to
contribute?
Well,
I'm
not
just
the
realtor.
I've
been
in
bloomington
for
12
years.
W
A
X
Completely
in
favor
of
this,
it's
hard,
for
you
know
brick
and
mortar
kind
of
system
to
sustain.
X
X
The
west
side,
I
personally
stay
on
the
west
side.
Having
said
that,
I
stayed
on
the
east
side.
F
Minutes
left
five
more
minutes.
Okay,
if
you
have
any
comments
further,
that
you'd
like
to
make
not.
C
C
C
C
C
C
C
So
the
various
is
needed,
the
numbers
that
lori
was
getting
into
and
that
one
brief
time
we
had.
C
C
C
A
So
we're
just
going
to
need
some
additional
proposed
finding
some
alternate
findings
yeah.
I.
D
D
D
D
H
Okay,
so
I
can
help
draft
that
better,
so
so
the
proposed
finding
for
the
peculiar
condition.
A
Was
for
denial
of
maximum
parking
number
and
proposed
drive
between
building
and
street,
so.
A
So,
let's
just
kind
of
summarize
the
the
proposed
alternate
finding
for
the
variance.
A
For
maximum
parking
because
of
the
extreme
lack
of
pedestrian
connection
to
this
location,.
A
And
the
the
proposed
ride
between
the
building
and
the
street
because
of.
A
Is
it
a
sanitary
soar?
Water
sore
easement
creates
a
difficulty
with
layout
building
layout.
P
Yeah,
I
think
that's
fine,
there's
also
a
proposed
finding
in
the
petitioner.
P
Statement
yes
for
this,
one,
which
I
think
covers
the
items
that
you
mentioned.
A
The
topography,
the
granny,
the
verse
will
not
be
injured.
A
Adjacent
roadway
sure,
especially
for
the
the
drive
between
the
building
and
the
road.
G
G
G
G
Q
The
use
and
value
of
the
area
adjacent
included
in
the
variance
not
being
affected.
Q
And
that
could
create
a
whole
other
can
of
worms.
I
think
so.
A
Okay,
if
we're
not,
we
are
ready
to
vote.
The
motion
on
the
table
is
in
favor
of
all
three
variances.
A
Yes,
yes,
nope,
yes,
okay,
variances
are
granted
good
luck.
I
Check
he
has
the
controls
over
there.
This
is
you
can
go
to
the
next
one.
I
I
I
The
billboard,
just
across
the
street
from
there,
if
you're
familiar
you,
can
move
along
jackie.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Were
treating
this
sign
as
required
to
comply
with
all
elements
of
the
udo?
Finally,
just
to
respond.
I
I
I
I
I
I
I
I
I
I
I
I
O
Y
Apologies,
it's
a
little
hard
to
see
at
first.
We
started
kind
of
early,
it's
a
long
one.
So
this
is.
Z
A
To
20
minutes,
thank
you.
As
I
said,
my
name
is
alan
townsend,
I'm
the
attorney
for
lamar
advertising.
Z
Lamar
is
one
of
the
largest
and
most
respected
outdoor
advertising.
Companies
in
the
country.
Z
Z
Z
Z
Z
Z
Z
Z
Z
With
it
you
probably
drive
past,
it
sits
next
to
the
an
imi
rogers
sand
and
gravel
pit.
Z
Digital
at
any
point
in
time,
you've
seen
others
in
the
videos
tap
fast
forward
to
april
25th.
Z
2022
the
planning
department,
issues
and
notice
of
violation
to
lamar,
saying
hey.
You
can't
do
that.
Z
Send
it
back
to
the
planning
department
I
copy
legal
counsel.
Tab
11
is
the
response
to
that.
Z
I
get
a
email
from
mr
rooker
saying:
hey
notice,
a
violation
withdrawn.
More
importantly,.
Z
Z
Tab
13
is
my
response
dated
june
17
2022.
That
leads
us
to
us
being
here
today.
Z
Z
Z
Z
Z
You
need
to
understand
we're
still
looking
into
this.
That's
not
what
it
said,
so
I
do
think.
Z
That
means
something,
and
it
certainly
a
turn
of
events
that
affects
lamar's
due
process
rights.
Z
Variance
was
under
tab,
4
.
that
it
imposed
the
condition
that
this
sign
shall
be
permitted.
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
To
the
board,
what
I've,
given
you
under
tab,
19
is,
when
this
sign
was,
was
upgraded
and
improved.
Z
Perhaps,
with
regard
to
the
arts,
the
mayor
put
lamar
in
touch
with
holly
warren,
who
works
for.
Z
Z
Z
A
I
I
I
The
sign
the
fact
that
the
sign
was
even
just
going
to
be,
there
was
what
the
variance
granted.
H
Is
the
is
this
considered
this
the
the
fact
that
now
it
is
an
electronic.
A
A
Yes,
okay!
Well,
that's
where
excuse
me
if
you
want
to
go
ahead
and
speak
now,
then
yes,.
D
D
I
I
D
I
E
Obviously,
you
would
know
that
it's
that
it
would
be
an
electronic
sign
that
will
be
rotating.
F
F
I
Sign
to
a
static
billboard,
as
you
heard
mr
townsend
say
our
original
position
with
the.
D
F
I
I
D
G
G
G
A
May
continue:
okay!
Well
speaking
to
the
microphone,
though,
the
the
main
reason
would.
N
Were
like
referred
to
it
as
a
static
when
they
make
sure
you
understand
the
question.
The
question.
G
G
N
N
N
Other
side,
nice
final
question
has
to
do
with
the
was
the
rotation,
so
is
it
still
on
an.
G
G
Come
into
compliance
there,
the
indots,
I'm
sorry
where
we
that
adheres
the
indot
standard.
G
N
More
than
that
and
in
the
federal
highway
commission
did
a
study
so
in
order
to
make
sure.
D
N
A
I'm
confused
about
the
indot
standards
and
the
purview
of
how
arizonian
works.
A
With
highway
regulation-
and
there
was
some
mention
of
this
being.
I
A
zoning
ordinance
and
that
zoning
ordinance
can
regulate
signs.
So
anybody
who
wants
to
put
up
a.
I
A
I
F
Said
this
sorry
that
an
indot
permit
isn't
valid.
A
That
this
came
forward-
I
remember
this
case
and
this
agreement,
though,
does
it
not
say
that.
E
Hey
ed
that
in
the
notice
of
approval
on
your
tab,
four,
it
says
unless
otherwise
specified
by
the.
E
E
E
Z
By
the
variance
that
was
issued
by
this
bza
on
december
16
2010,
or
do
we
have.
Z
Z
And
made
a
technological
upgrade
because
the
technology
was
available
now
that
wasn't
available.
Z
Z
Z
Z
G
Z
G
Would
you
do,
how
would
you
do
that
you
go
out
and
you
measure
the
intensity
of
the
light
to
the.
Z
Intensity
of
the
lighting
of
this
board,
it's
never
been
raised,
it's
never
been
brought
up.
I.
Z
Don't
believe
that
they
think
it's
an
issue,
but
I
hit
it
head
on
in
our
packet
anyway,
that
we.
A
G
G
Our
our
line
of
inquiry-
okay,
so
are
there
additional
questions
at
this
point.
A
A
A
X
P
Okay,
no
one
else
on
zoom,
no
one
else.
So
do
I
go
back
to
the
petitioner,
like
at
a
regular.
Z
Z
Z
Z
Z
Z
F
F
Off-Premise
signage
in
the
description
of
what
they
requested.
I
think
it's
fair
to
say
that
a.
F
F
F
Wanted
to
make
sure
that
a
certain
area
had
had
had
a
certain
design
or
fenestration
that.
F
A
G
D
So
our
solution
is
ultimately
going
to
end
up
being.
If,
if
we.
D
D
Sign
so
I'm
grappling
with
the
practical
realities
of
of
the
decision,
we're
about
to.
D
For
emergency
notifications,
game
game
day
changes
things
like
that,
so
I
you
know
part
of
what
I'm.
D
Grappling
with
is,
if
there's
a
way
to
grant
the
appeal
but
ensure
it
doesn't
happen
again.
D
What
the
city
council
was
gunning
for,
with
with
the
udo,
I
also
feel
like
digital
billboards
have.
D
I
I
think,
the
practical
realities
of
what
we're.
What
we're
contemplating
here,
need
to.
D
Be
considered
for
the
city
beyond.
Just
simply,
you
know
economic
costs
to
retrofit
a
board.
D
F
F
F
F
F
You
know,
as
they
said,
they
haven't
changed
it
a
bit
since
they
heard
from
us
related.
F
F
F
D
D
Hanging
a
canvas
sign
over
a
digital
reader
or
whatever
they
end
up
doing
you
know
is
that's.
D
D
I
I
Talked
about
so
I'd
want
to
discuss
it
more
sure
whether
or
not
that's
something
that
would
be.
F
A
Correct:
that's
why
it's
not
in
the
code?
Okay,
so
any
any
further
discussions!
Okay!
So
then,
I
think.
A
We're
ready
for
the
motion
is
for
denial
of
the
administrative
appeal.
Can
I
please
have
a
vote.
A
Thank
you,
okay,
so
it
is
8
54.,
so
rules
say
you
can't
hear
any
new
petitions
past.
F
F
And
set
an
end
time,
or
would
we
like
to
hopefully
mike
will
come
back
in
shortly.
F
I
believe
the
other
option
is
to
continue
them
all
to
the
next
hearing.
It's
I
wanted
to.
F
Can
we
ask
you
yeah
if
they
choose
not
to
hear
any
more
or
all
of
the
rest,
does
it
go
to.
F
F
I'm
sorry
everybody.
If
the
meeting
is
over
then
the
meeting
is
over
because
it's
past
8
30.
F
F
G
G
A
On
on
those
owners,
so
I
would
entertain
stain
to
a
certain
time
and
getting
as
much
done
as
we.
A
Three
more
can
I
ask
how
many
of
them
have
already
been
continued?
One
v-34-22
was
continued.
A
Because
we
didn't
have
a
quorum,
so
I
had
to
recuse
myself,
so
we
had
one
that
was
continued.
G
G
F
F
F
I
F
However,
if
you
want
to
do
three
more
tonight,
that's
fine
and
you
would
have
to
suspend.
F
Other
three
to
the
october
hearing:
okay:
okay,
do
we
do
we
need
to?
We
need
to
hear
them
in
order.
A
A
A
A
So
I
will
entertain
emotion.
L
L
L
L
L
L
L
L
L
A
F
F
A
A
This
evening
we're
gonna
hear
now
v-32-22
richard
judd.
Can
we
please
have
a
staff
report.
F
The
petitioner,
the
property,
is
.08
acres.
It's
zoned,
r3
comprehensive
plan
is
mixed.
F
So
you
can
see
here
the
purchase.
The
petitioner
has
a
deck
edition.
F
So
you
can
see
that
they
derive
access
to
the
basement
garage
area
from
under
the
addition.
So.
F
This
you
can
probably
kind
of
tell
is
an
addition
that
was
put
on,
I
believe,
in
around
2015,
when
a.
F
End
of
the
structure,
so
the
proposed
stairs
are
three
feet
wide,
leaving
a
two
foot
side
yard.
F
F
F
F
When
the
addition
was
done,
seven
years
ago,
space
for
outside
space
for
outside
stairwell.
F
F
F
Even
if
the
variance
isn't
granted
based
on
it
being
difficult
to
find
a
proposed
finding.
F
AA
A
A
AA
AA
AA
AA
Wherever,
anyway,
the
with
the
alarms
and
so
forth,
that's
going
on,
we,
the
house,
has
a
basement.
AA
AA
AA
P
AA
AA
AA
AA
AA
AA
AA
AA
AB
Can
I
speak
yes,
state
your
name
linda
judd.
Do
you
swear
to
tell
the
truth
the
whole
truth
and.
A
Nothing
but
the
truth.
I
do
yes,
yes,
I
wanted
to
say
for
my
husband
and
I
that
when
we
came.
AB
AB
AB
AB
Snow
there's
other
cars
coming
up
the
alley.
It
would
be
very
difficult,
so
I
would
also
say.
AB
A
Of
the
unusual
shape
of
the
lot
yes
hold
on,
I
think
it
I
think
it's
just
rare,
I'm
sorry,
I'm.
F
Stairs
can
encroach
into
a
side
yard
setback.
Okay,
so
I
believe
it's
just
the
rear
that
we're.
F
Looking
at
now,
which
is
the
eight
feet
from
the
back
but
okay,
but
the
covers
the
setback,
so
it.
F
So
basically
in
2015
they
got
a
variance
to
allow
steps.
I'm
sorry
not
these,
it's,
but
the.
F
F
Location
which,
when
you
look
here
at
the
house,
it's
like
in
this
rough
area
here
so
to
be
coming.
F
Off
the
house
and
going
east,
so
you
know
they
made
an
argument
for
them.
Got
that
that's
fine.
F
And
it
it
wasn't,
I'm
not
even
sure.
I'm
sorry.
AA
AA
AA
AA
AA
AA
A
A
AA
AA
AA
A
A
Minutes:
okay,
well,
I'm
their
next
door.
Neighbor-
and
this
is
my
property-
is
the
one
that's.
AC
AC
AC
To
be
I've
been
in
the
house,
they'd
have
to
destroy
their
house
almost
to
making
access
from.
AC
The
house
down
to
the
basement
it
would
really
just
ruin
it
and
there's
no
problem
at
all.
AC
With
me,
or
with
any
other
neighbors,
we
just
and
it's
just
the
back
and
it's
just
a
little
bit.
You.
AC
AC
AC
A
F
Up
or
messages
on
zoom,
so
then
we
are
back
to
the
petitioners.
If
the
positioners
would
like.
AA
AA
AA
A
Back
just
a
quick
question,
jackie,
so
we're
talking
about
a
variance
of
two.
F
F
F
The
north
side,
where
there
had
been
discussion
about
how
far
that
was
so
our
so
us
knowing.
F
So
you
know
either
set
of
stairs
would
have
its
own
issues.
It's
just
that
the
ones
kind
of.
F
And
then,
but
they
chose
to
come
forward
with
this
design.
Okay,
thank
you
for
the
the
background.
G
Due
to
the
awkward
layout
of
the
property
line,
could
could
I
fine-tune
that
you
sure
can.
G
Sure,
okay,
just
because
of
peculiar
condition
of
the
site,
is
that
the
previous
development
and.
A
A
lot
lot
configuration
which
is
is
not
is
not
typical
and.
A
We
are
ready
for
a
vote.
Yes,
yes,.
A
A
A
That
is
v-34-22,
adam
jackson,
caritas,
indiana
llc.
What
page
number
is
that,
on.
G
G
R
R
Of
those
have
a
15-foot
setback
requirement
and
on
the
east
side
of
this
property,
there
is.
R
20-Foot
buffer
yard
adds
basically
a
30-foot
setback
from
the
east
property
line.
So
when
you.
R
Combine
that
30
foot
with
the
15
foot
setback
from
the
front.
You
know
that
basically
takes.
R
To
be
constructed,
the
building
is
shown
to
be
10
feet
from
the
east
property
line,
which.
R
20-Foot
setback
that
is
required
as
part
of
the
buffer
yard.
The
buffer
yard
does
carry
with.
R
R
Requesting
a
variance
from
the
additional
20-foot
setback,
as
I
mentioned,
the
narrow
lot
size.
R
R
G
G
O
O
O
G
G
G
G
AD
AD
And
we're
going
to
be
present
to
come
to
lodge
our
concerns
about
having
this
apartment.
The.
AD
AD
AD
In
this
area
is
also
a
you
have
a
lot
of
mobile
homes
in
this
this
area.
How
much.
AD
AD
G
Concerns
both
you
or
the
other
participant
on
the
petitioner
side
can
speak
at
this
time.
AE
AE
Thanks
I'll
try
to
keep
this
quick,
I
just
want
to
respond
to
the
person
who
just
spoke.
AE
AE
AE
E
G
The
motion
passes,
v-34-22
is
approved
and
at
this
point
let
the.
A
Okay,
let
the
record
reflect
the
barry
clappy.
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
A
AF
My
assumption
was
in
we've,
been
in
compliance
the
whole
time.
There
was
no.
AF
AF
I
went
to
the
site:
nothing
had
changed
since
the
building
was
originally
built.
Seven,
six
or.
AF
AF
AF
I'm
still
perplexed
as
to
how
somebody
proved
the
nose
violation.
Someone
complained
about
this.
AF
Space,
we
have
any
issues
with
parking,
it
hasn't
caused
any
harm
to
any
of
the
neighbors.
AF
And
so
I'm
just
asking
you
to
kind
of,
I
guess
that's
my
appeal
to
to
let
this
go.
I
mean
there's.
AF
AF
F
But
possibly
part
of
the
reason
why
the
site
plan
indicated
something
else
was
to
address.
A
Okay,
any
any
any
other
questions.
D
D
AF
AF
AF
AF
AF
In
the
spot,
the
gis
site
there
are
bushes
there
that
hold
it.
It
could
have
expanded.
AF
Y
Okay,
is
there
what's
the
solution
yeah,
the
solution
would
be
to
come
under.
F
Yeah,
I
mean,
I
think
you
guys
don't
see,
you
know
all
the
novs
we
write
and
stuff
right.
So
we.
F
F
F
F
F
F
Are
incorrect,
and
so
we
need
them
to
bring
it
within
the
45,
just
like
any
other
property.
F
That
we
hear
about
frequently
you
know
historically
in
in
neighborhoods,
where
the
houses.
F
F
G
G
Actually,
my
question
is:
if
we
were
to
deny
the
administrative
appeal
and
you
were
to
go
out
and.
G
G
G
G
A
Okay,
so
we
are
to
the
public
for
comment.
AD
AG
Yes,
you
have
up
to
five
minutes
to
to
speak.
AG
I
learned
what
the
rules
were
for
an
impervious
service,
etc,
and
so
this
property.
This
is.
AG
AG
Up
this
property
as
an
example,
I'll
say
that
the
estimate
that
was
given
is
pretty
conservative.
AG
AG
AG
Et
cetera,
I
would
be
happy
with
that,
at
least
thanks.
Thank
you.
AF
As
far
as
people
driving
from
parking
spot,
the
parking
spot,
that
may
be
also.
Why
that
the.
AF
AF
Cannot
do
that
again,
I
don't
know
what
the
2013
code
said,
how
that
gravel
is
said.
It
is
raised
a.
AF
AF
AF
You'd
probably
need
blocks
so
we're
shrinking
the
parking
area.
I
mean
the
little
front
on
the.
AF
AF
A
Do
I
have
a
motion
I'll
go
ahead
and
move
to
denial
of
administrative
appeal,
aa-35-22.
E
E
E
A
So
the
the
adjacent
properties
are
they
governed.
By
the
same,
even
though.
H
Miss
burrell
behind
me:
we
are
this
type
of
issue,
we're
addressing
on
a
complaint.
E
D
A
Thank
you
very
much.
We
are
adjourned.