Board of Zoning Appeals - Regular Meeting

Board of Zonging Appeals. Um, can we stand for the pledge, please?

Aliance to the flag of the United States of America and to the stands nationy and justice for all. We have a roll call, please. Here [Music] present. Present.

On the agenda is the minutes for June 3rd, 2025. Did I get a copy of him? Any questions? Do we have a motion to accept? Do we have a second? A second. We have a motion and a second. Could we have a roll call vote? Yes. William, yes. Yes. Yes. Yes. Motion pass. All right. The next item is basically old business. Any old business that comes before the board? There is no old business.

All right. We will move to into new business. Um for Sigma Z-25-07 petition of Merkantile Plaza LLC for a conditional use regarding title section 8.11 Penins 5 to allow a driveth through facility at a restaurant located at 3514 169 street in a C2 shopping center district in the city of Hammond. Have all the notification requirements been met?

Yes, they have. Okay, do we have a petitioner to come before us? Can you sign in and state your name and tell us about 257? Okay, I think I'm all signed in. Thank you.

Good evening.

Good evening, Madam President and members of the BCA. My name is Jim Weezer. I'm an attorney uh with offices located at 40 429 West Lincoln Highway in Sherville and I am here uh tonight to represent the uh the petitioner Hammond Merkantile Plaza LLC in two matters uh and will address the uh 25-07 first the conditional use for a drive-thru for a proposed um restaurant. Um, I will I will try to make this um as brief and succinct as I possibly uh can because we're fortunate enough to have your staff do the most thorough reports I'm used to in Lake County. I can guarantee you that and um we appreciate that. It it makes it a lot easier for all of us. Um I just want to hit a couple of items on on the background. Um, and just to let you all know, and I think you've been brought up to date, but we initially started uh this process earlier this year, and we uh we began uh by going to the um the redevelopment commission because of the location of this project uh being subject to their jurisdiction. So, we went through their process and they approved it. And then that followed that was followed up by us then proceeding to the plan commission for the subdivision approval. And that was obtained I think it was in June. That was obtained in June. But now we're here for two matters before you. But this first one is for the drive-thru window for the proposed uh the proposed restaurant. Um the uh the entire project is is approximately 12,000 square feet. It's the former bank that's located over in in the uh in Briest on 169th over

near uh Hammond Morton. And uh the uh the concept is for our client, if we're successful here, to um demolish the existing building and replace it with a new uh structure, a modern structure that's intended to house a retail uh outlet, which is expected and will be a Dollar Tree, and then also about an 18,800 square foot restaurant. Um so this particular um uh petition that we um uh seek today the we did a lot of uh a lot of that work quite frankly was done at the plan commission level uh because um the there was a lane there. It was a drive-through for a bank uh but it didn't it it um it it really wasn't up to code. It needed revision. And it needed changes to be made in the engineering so that it would be suitable, more importantly safe for um folks to get through that that drive-in uh window and to provide for the appropriate stacking uh and allow the cars to um uh enter and exit in a very uh safe manner. So, uh the um with uh the compliance with your code, uh the uh there was a minimum of eight vehicle stacking spaces provided on site for drive-throughs. And um and um uh four of those would would stack between where you know where you make your order and payment and then where you ultimately uh pick up there. Four of them are going to stack there. And um uh we we all felt or our position was we felt that was uh that was sufficient. Uh but more importantly I think a a couple of uh matters. Um there were some there are some agreements that apply and you'll see that later on in

the recommendations that were made by the staff uh that apply some easement agreements that apply to this that in the event we're successful and have these approved those will have to be recorded and made part of this overall approval. And we certainly um agree with that and and that that's that's absolutely uh necessary and important. Um so that it allows safe exiting for this purpose, safe exiting both to the um west and to the east. Um and that's what uh and that's what will be uh um uh provided for. Uh we um it's our it's our belief and our position that um having made those types of accommodations that not only uh prepared those entered into those agreements and and and obtained them. But uh by uh reconfiguring the lane uh to uh meet the standards and to make sure that they would be able to get as people were exiting out either to go east or west depending on the situation and circumstances because there's there's ingress and egress available on 169th for both of those purposes. So with um having having done that um we feel that uh we we uh met the criteria not only of the state statute uh for conditional use but also the uh the criteria of the ordinances of the Hammond and and you'll note and I know that the the standards for granting that were the nine standards that for that were listed in your packet. Um we provided findings of fact uh to demonstrate that those were in fact in our uh opinion uh satisfied. Um and uh

fortunately in a couple of instances those um findings of fact were improved by your staff and made a little bit stronger and again that's greatly appreciated. Um, so we were looking for approval of this and I I noticed in the staff recommendation they did recommend approval and uh we're grateful for that assume subject to your your decision but also including the conditions that were uh listed that I previously talked about in terms of the easement documents that are going to have to be recorded in conjunction with this. Um the parcel is obviously as you could tell not a large one. It's less than an acre. Uh so uh in order to make that uh and this will be my last thought on this. In order to to make that drive-thru work, we had it took a lot of um planning and a little bit of creativity to get that to work that it would be safe. Uh since there's we don't have a whole lot of space to I wish we did. There's a whole lot of space there, but uh it's not necessarily available to us. Although some people may take advantage of it, but that be something we could talk about in the next petition. So, um at this time, that's pretty much our presentation. Uh and we're happy to uh answer any questions. I I have here with me this evening from the uh petitioner from Hammond Matil Plaza, Andrea Ragona, who's sitting right there. and I'll I'll save the introduction for uh the next person who will be commenting on the second petition. So with that, we're prepared to uh answer any questions that you may have. So thank you very much.

Anyone have any questions? I don't I don't staff members. Oh, Mr. Weaser, could you Sure. Um I think a lot of this was discussed at the plane commission and I think for the benefit of uh those that are not planning commission members. Um at this point um you have not identified a specific tenant for that that particular I'm sorry I didn't hear you Brian. At this point you have not identified who the restaurant tenant is.

That's correct. We we we have we we aren't sure and we don't know yet who the who the tenant will be. That's correct. Okay. And then so some of the comments that um I think staff wise and then um came through I think on the plan commission is um the actual location of the pickup window may change because we don't know the configuration of the restaurant. Is that correct? Or are you going to actually build or when you build the building, is that location going to be put into the building or you going to wait till later when the restaurant tenant is decided?

Okay. I'm not sure I can answer. You probably know that, Andrea. Okay. Hi, I'm Andrea Ronan, the project manager for Hammond Merkantale Plaza LLC. Um owner, developer, and then future landlord of the building. Um, no. Our intention is to build the drive-through window as it's been shown on the plan. And we actually submitted plans to Bob Vale and Evelyn Taylor. So, they do have our our building plans. They've been submitted to Indianapolis. We received state release. So, our construction drawings do show the window in the location that we've been. All right. I just Okay. I just wanted to have that confirmed. Absolutely.

You want to sign in? Oh, sure. So at this point, um I mean you're searching for a tenant and and and you um obviously you don't know yet. You're just

Right. So typically what happens in in many of our buildings that we construct is that we have an anchor tenant and once we break ground and start construction, we then have renewed interest in the property. when somebody sees something's going on, you know, they see this new building going up, it tends to lease pretty quickly. Um, you know, since the pandemic, many of our tenants have been drive-through tenants, and being that that's the MCAP of our building, we like to have that flexibility to be able to accommodate a drive-through tenant,

right? Okay. And so, so the um the board members should also understand that, you know, the eight parking spaces um that has been discussed um is uh based on quote unquote worst case scenario, meaning a restaurant drive-thru as opposed to a bank drive-thru or another drive-through because those have lesser requirements, but it's worst case scenario to make it available for the expected tenant. Correct. Any questions now? Okay. I don't Thanks.

We will open up for public comment. Anyone in the public like to come forward? Do we have anybody online that is wants to speak for question? May not. All right, we'll wait a few seconds and we'll see if there's anybody that would come forward. If not, we will close public comments. Not

I think we answered the questions from Mr. Poland. Any board members at this time have any questions? No, I don't. All right, we will move on. And do we have the staff report? Um, yeah. Um yes just sta

just just staff has reviewed the petitioner's request and recommends that the BCA grant the conditional use should the board feel the petitioner has met the standard subject to the condition of the recordordation of the Hammond Brier East Merkantile Plaza addition city of Hammond uh Indiana and uh that it to cross access and sanitary sewer easements. Are you able to hear Mr. Poland? Yes or no? Okay. All right. Go ahead. Sorry. I concluded my statements. Oh, okay.

You seem quieter than you. All right. We have a staff report with the recommendations. We also have proposed findings of facts that have been presented to us. Anybody have any questions, comments, positions, deletions that they would like to make?

I don't board bill that all the requirements have been met. Somebody like to make a motion to adopt the staff report and the findings of fact and the recommendations and the proposed findings of fact to into the record.

I'll make the motion to put the Do we have a second? Second. We have a motion and a second. Could we have a roll call vote? Cynthia Nassau, yes. Dan Faulner, yes. Roger, yes. William Hutton, yes. Kathleen Hill, yes. Five eyes, zero, zero. Motion pass.

Are we ready to make a motion in regard to Z2507 for the conditional use for the drive-thru in C2 district? I'll make a motion to approve as long as the petitioner follows the standards and and the conditions provided in the staff report. We have a second. I'll second it. We have a motion or a second. Could we have a roll call vote? Cynthia, yes. Dan Faulner, yes. Roger. Yes. William, yes. Kathleen Hill, yes.

Five, zero, zero extensions. Motion pass. All right, we will move on to Z-25-08, petition of Merkantel Plaza LLC for developmental variance regarding title section 20.44.08 08 to allow for a reduction of parking spaces located at 3514 169th Street in a C2 shopping center district in the city of Hammond. All notification requirements have they been met? Yes, I have.

Okay, we have the petitioner to come forward. I think we know your name now.

Thank you. Thank you, Madame President. uh Jim Weezer again as the attorney for this matter. Um I uh one thing I thought about just at the outset that and Andrea said something that reminded me about it. Um uh Hammond Merkantil Plaza set up as as this particular project. the um the company the global company that includes Hammond Merkantiel is a company that's um done a lot of work in Lake County and well-known retail developer in Lake County for many years has other facilities in Hammond has facilities in a number of communities and Sherville where my offices are located and others and I just want to let you know they're they're they're not strangers they're they they they know our area they know our community and and they know uh what what works and what's successful and what's not. So, um I think that's just an important element and issue to include in the um in the presentation. Um I as I mentioned before um I was going to introduce uh the other member of our team here and it's Jennifer Mitchell and Jennifer is she can sign in while I blab away here. Jennifer is from BLAN Inc. which is located in Itasa, Illinois. And she is with the company that did the um assessment, the the the parking study uh that you uh that we have submitted to the to the city and that you hopefully have had a chance to review or certainly those relevant portions we included in our presentation. But she's she's here to answer any technical questions uh that you may have or any questions at all relative to that study. and its um and its uh findings and its determination. So I'm gonna chat for a

minute and then I'll let you go. Thanks. Okay. So, um uh just to give you an an overview as to this particular issue, um uh uh parking uh we knew from day one that parking was going to be an issue. um because of the uh configuration of the property uh and uh uh hoping that there might have been some possibility of getting a maybe a little bit of cooperation from from a from a neighbor relative to parking and that didn't uh that didn't come to fruition. So, uh it's it's it's a very it's a very small space relatively speaking. Um and uh but on the other hand, given the nature of the uses, especially the retail uh component of it, the the Dollar Tree, we were confident that um a a parking study would support our contention that rather than having to provide the number of parking uh spaces required by the uh ordinance and the ordinances of the city that we could and would apply for a uh variance and that that uh and persuade you all that uh what we propose makes sense and and and works and um and and it work it just works on that site in terms of the total number of spaces that we're requesting the 25 total spaces that we're requesting. So, we filed the the petition for a reduction in parking spaces, but that of course meant that it also altered the ratio of parking spaces. And we we don't we want you to understand we were cognizant of that. So

we were um uh proposing uh one space um for your ordinance requires one space for every uh 250 square ft of space in the construction. And we were proposing one parking space for every 750 square ft for the retail space and one space for every 175. Uh I I mean yeah of for the uh restaurant portion of it. And um uh I know that that could sound somewhat drastic and somewhat uh uh uh present quite a variance, but it it makes sense. It makes sense on that parcel of property. So, we commissioned a parking study which was done by BLA uh and and Jennifer is here to answer any questions and we provided uh some of the relevant information in our packet primarily the tables uh that were contained I think on pages two and three of their report um that indicate the usage in peak hours and demonstrates how the usage in a in a retail space like Dollar Tree is so much uh so much less than is uh than is typically required or or or at least is considered uh in your ordinance. And um so we provided that demonstration. We also provided it for the um for the um restaurant, the proposed restaurant as as well. And um that it would given the site configuration, it would work. It would provide the necessary parking spaces or the parking spaces that were necessary. um and um were uh reasonable for uh this

type of usage. Uh the um if you'll noticed um the and and the report the staff report indicates in one section I just somewhat highlighted it that um it said the projected peak parking demand uh was found to be in line with the 25 spaces provided on subject parcel. And that's really what I've been talking about. Um, your ordinance is a reasonable ordinance, don't get me wrong, for most retail uses, but these uses are um uh of a nature that um the the the parking is is a lot more sporadic. It um it's less than you would normally expect because the uses are kind of in and out type of um consumers that utilize it. It's not people that park there for an hour or an hour and a half or even a half hour, 45 minutes. There are people that usually know what they want, especially on the retail side, and they get in and out of these uh uh types of operations um quickly and and smoothly. Um and uh and that and that was uh demonstrated by the parking study and the the parking study that um Jennifer was involved in and the the the the um the peak uses the the uses at peak time. So um uh the uh oh and I would point out one other thing that came out of the plan commission because I think this is very relevant and very important as well. Um when when you design the uh I'm not an engineer but when you design the space and take into account everything that had to be taken in account you know the landscaping uh the setback re setback requirements green green space

requirements loading zone everything that you had to take into consideration. Um the uh the site plan maximized given on that less than one acre maximize the number of spaces that could be utilized. Um that's I guess what we we believe uh helps support our claim that there's uh practical difficulties as the statute and as your ordinances require for the use of the property uh given its size and and uh and and limited uh ability uh to do that and meeting all the requirements of the ordinances regarding uh the items I previously described. So having um having said that uh we we believe that knowing the criteria for a um developmental standard is different than a criteria for the um conditional use. We believe that we uh we met the the three criteria of the developmental standards and particularly that one that um refers to practical difficulties. That's always the tough one to That's always a tough one to satisfy. And we believe that our study demonstrated that our plan, our um subdivision plan, site plan all support that. And um and uh as a result um we uh are requesting uh that um that this uh petition be approved uh and um uh and include uh that the recommendations of the staff uh that I'm sure that Mr. Poland will um go over with you. And as I said before, we have Miss Mitchell here who's just dying to present to you. So, um, uh, she'll she'll be able to answer any questions should you have any. So, and get me off

the hook. So, thank you very much. Would you like to come and tell us about your study and sign in for us? Certainly. I signed in here. Okay.

Um, yes, if you'd like to know about the study. So, basically, we did start out the process by looking at the city code. Um, and based on that code, it um indicated that 49 parking spaces were needed for the site. um based on the land uses which we know to be um the Dollar Tree and a drive-through restaurant, we through my professional opinion and history of 30 plus civil engineer um this seemed excessive for the land uses. So we went to what is called the parking manual for the Institute of Transportation Engineers. I just want to point out that this manual was recently updated in 2023. So it has more current data from national resources throughout the country. And so um when we looked at detailed parking studies for these specific land uses, we found that um a little more conservative analysis was prepared and that uh 25 parking spaces would be required based on the land uses of restaurant with drive-thru and the dollar Dollar Tree store. Um, another consideration we looked at was the peak hour of usage. So, there is a time frame throughout the day that you're not going to have all those cars at any one time. So, we look at the peak usage of the restaurant, compare that to the peak usage of the retail, and then we add that together, and again, that came out to 24 cars for parking spaces. Um we did do a a conservative analysis in that we did not utilize a coffee shop. Um a coffee shop would actually have an earlier peak time frame. So those peaks would not overlap. So we actually did do a conservative analysis on the peak hour analysis as well as a conservative analysis um in

looking at the uh Dollar Tree in the sense that um it's not a high use uh variety of a peak demand. So um we believe that we have a reasonable analysis here and that we would recommend the 25 parking spaces. Do you have any questions about what we did or why? I have a question regarding the analysis. You said that during peak times like the conservative analysis you made on a coffee shop. Yes.

So depending on what kind of a business a restaurant you would have, do you think that will alter the peak time or the amount of spaces that you have? It may alter the peak times but then the parking demand is likely to go down. Um for the reason that for c and even then I think 25 is still a conservative number because since co the ability to pre-order order and go in and pickup or order and go through a drive-thru and pickup has increased exponentially. So more current studies within the last year versus what has been used for parking has indicated that drive-through usage has gone up to 70% of their daily sales. So that is reducing your parking demand and there's actually a quicker turnover. So there isn't a need for more parking spaces. Somebody's in and out right away. By the time somebody else is coming in, that parking space is emptied already. So the parking demand could actually go down.

Thank you. You're welcome. um to be a bit of a devil's advocate on that point. Yes, this is anecdotal observation by one of our McDonald's. Um there's no question that at lunchtime that the drive double went double drive-thru and um and I don't remember how many spaces are at this particular one, but it's probably within the more than 25 spaces. It's like it's always jammed full of people. There's always cars there. There's very it's like you're waiting for someone to leave in order to park. I can't explain that. So, part of it has to do with is it a standal I don't know the situation. So, I'm just throwing out um it's a standalone

theoretical points is that is it a standalone location? Yes. Is it okay well um I do they have specials? Do they encourage you know people to stay in um No, not typically. But you know what again anecdotally observation you know I am seeing um the uh um I'm sorry the the delivery services I forgot what you know the one like deal dash or whatever those things are you know there's a lot of that going on okay and and you know they're coming in and I think to your point is that they come in they've already ordered the food they just already paid for it they just need to get get it

correct correct Yeah. So, part of it is it also depends on sometimes they set aside parking spaces specific to that use of coming in and getting it. So, unfortunately, I don't know the situation, so it's hard for me to really um give you a a hard answer on that. Okay. Um and then and in your evaluation um and I I I read it and I don't remember all the details, so I'm going to kind of wing this question. Um you used examples of other similar operations.

We did not. We used the parking study or the um parking generation from IT. So we did not use other um samples of other land uses. Based on our professional experience, we know that the 49 parking spaces for like other studies that we've done for other locations, other cities and so forth have not been in the 45 uh 49 parking space range. And so that's why we went back to it to do a comparison to your code and see what the differences were. Is the IT ebook available online or however a means to to get that?

It's not entirely available online. It's a manual that um we have to pay lots of money for. So, it's a resource, but um you can ask any civil engineering firm that has access to it to share that information and that's why we had included the pages from that book in our um handout. So, um, and and really I think that's the difference because I knew this question was going to come up is why is there a difference between the code and versus the parking manual, right? Um, I don't know the last time your code was updated. So, I don't think it was done in the last 5 10 years.

So, um, like I said, the update for the parking manual came in 2023. So, these are the most recent national studies that are Sure. And I know American Planning Association does their evaluations and recommendations too. And right and um you know just again observation you know our whole driving parking usage has just changed and you know yet maybe it is the pandemic but I think was already occurring before that. It's more of when internet sales really started to become much more popular. you know, you know, a lot of times in, you know, parking was based on Christmas, right?

You know, and we now know, um, you know, even, you know, we have a Food for Less grocery store and I've never known that parking lot to be barely 50% used,

right? And so the the only way I can answer that is I wouldn't be surprised that if in the next two years you would see a lot more studies and information coming out because CO truly has had an impact on every motor vehicle activity that goes on. So the first thing is that there are more people that are working from home. So that means there are more people that are making midday trips that they weren't usually going out for a coffee shop, going out for a sandwich because they don't want to be in the house all the time. you know, those are their mid midday breaks that weren't normally going on and maybe they're going more at 10 o'clock or two o'clock when if you're in the office, you're really only going out at lunchtime. So, there was that midday break. Okay. The other thing is that because people are working home or they have more flexibility about being able to work from home on their own time or continue working from home at in the evening, hours are fluctuating and so people are changing their daily usual routines. So, when do I go grocery shopping? And then even then, grocery shopping now I can go and I can pick it up on my way home because I don't even have to go in the store anymore. Somebody's picking it, you know, picking it out for me. So, our trips are actually more occurring throughout the day, the same number, but mostly in the afternoon to the evening time. So, that is actually when you're seeing the flux of everything happening is because that's when everybody's flexibility is going on. Um, so I wouldn't be surprised if like you said, you're seeing somewhere that, you know, now there's more parking spaces. Well, that might be because of how we are working from home or our flexibility to be able to work where and when has changed from when all those original studies happened.

Yeah. And that's why I said this started occurring before the uh pandemic and that's where online sales come in. But it's it's like I said, um most recently we've seen drive-thru um service uptick to 70% of their services now. So, you know, that's, you know, that's happened in the last three years. So, it didn't always used to be like that. So, I think as things are still filtering out, we're still going to see some changes and either people are going to keep doing what they're doing and it'll be this way and we're going to see more studies showing these changes.

Yeah. Not to extend this much more but because I do find the conversation fascinating but it's it's you know you call you separated out coffee shops because the reality is just again observation wise uh the the most popular coffee shop um you have 12 cars in a drive-through lane because you're waiting for them to make the whatever those things are. And so the turnover is a little bit different than I've already pre-ordered my burger and I can go just pick it up at the window. So there's a little bit more of a time in preparation.

There is, but then it's I mean I think that is the reason why restaurants and services have changed that pre-order application. If you have the app, you can pre-order on the app and still go through the drive-thru and it's ready. So, you're telling them when you're going to get there or, you know, what time you're being told what time to pick it up. Even though you're in that drive-thru, there's no making time. There's you're you're driving through that drive-thru. It's so it's just the waiting time um to get from point A to point B. So, their service time is actually improved through the drive-thrus. Okay. All right. Thanks.

Sure. Looking at the size of the what is potentially as far as a drive-thru restaurant, it doesn't look like that there would be much room for like a McDonald's or anything. Correct. Correct. It's it's it's a smaller fast food, right? You know, I don't I mean, I could throw out a bunch of different things like perhaps a Chipotle or um a sandwich shop, you know, something like that. So well and which means there's less indoor seating

right also you know and basically um noting as far as in our report that the cross parking agreement was not available and maybe there is still time to get be able to park and meet with as far as whoever that would be needed to utilize more space in the other areas as a consumer if I didn't find a face. I don't think I'd be arrested if I was I might be, but you never can't tell. Right. Very true. Any other question?

I do. I have uh several as a matter of fact. Okay. How many employees are going to be working in this building? Based on the information we had available, we estimated five. So five employees plus the customer. Correct. Okay. The parking the parking ratios that we use from parking does include employee and customer as a combined number.

The other question I just want to make sure I understand this. We're going from one parking space per 200 square f feet to one parking space per 700 square f feet. Yeah. I mean there there's no question that it is a dramatic difference and dramatic 300%. Uh yes and the precedent of that that dramatic of a change is is not there. Um but you know we they have presented a parking study and these are this is the it's this is the mouth calculation that balances out with that that number. I just wanted to make sure I understood that right.

That's all. Thank you. Any other questions? Any other comments? We will open up for public comments. Anybody in the public or online that would like to speak at this time? Hearing none. Hearing none, we will close this period of public expression at this time and we shall move on. All right. Members, any other questions or comments you'd like to make at this time? I don't.

No.

All right. Could we have our staff report for D-25-P? Yeah, I think um you know the the as I kind of alluded to the parking study was very important um background research for us and um the other factors that we looked at was um the lack of ability of having a cross parking agreement with um the adjacent property owners. you know, our code, our zoning ordinance allows us to count parking spaces within 300 feet. It's always predicated on the basis that they actually have permission to park on someone else's property. I think um besides the legal part of whether or not you have a right to park on someone else's property, I think we all have to understand human nature has a tendency to park whatever is convenient to that person who is going into the store and um we I sure you know once this building is constructed and are operational I'm sure a lot of us are going to observe parking on the main shopping center parcel and we're gonna find people parking in the O'Reilly lot. I I just

do their step. Well, well, okay. I I just I'm just saying that's that's my prediction of what's going to happen because people are people. With that being said, I do have to make some technical corrections to the staff report. So, on the what h page what? As soon as I say it, I'll tell you. Okay. Let me let me speak before you jump into it. Go ahead.

Okay. So, um on page one under the petition, this would be under the fourth line under the petition starts out with the uh or the word space 250 square ft. It the phrase we're adding is for the restaurant drive-thru. That's that's what that clarifying that reference. And on page two under analysis second line starting with the SF which is square footage and it it should say GFA gross floor area not L that was just a typo. As far as the staff staff recommendation is concerned, staff have res reviewed the petition the staff has reviewed the petitioner's request and recommends that the BCA grant the developmental variance should the board feel the petitioner has met the standard subject to the following conditions. One, approval of BCA case number Z-25-07 and all its conditions. And two, that no less than 25 parking spaces be provided on the subject property. All right. Any questions or comments?

No, not for me. Have proposed findings of fact that had a chance to look at them. Any changes, comments, decisions, deletion? I don't.

All right. Hearing none, we will move as far as a motion to top the staff report as amended and changed and the proposed binding fact and the staff recommendations into the record. I make a motion to accept the staff report with amended and changes findings back on staff recommendations. I'll second. We have a motion and a second because we have a roll call vote. Cynthia, yes. Ben, yes. Roger. Yes. William Hud, yes. Kathleen, yes.

Five, zero. Nensions motion pass. Okay, we have now time for a motion in regard to Z-2508 for the reduction of the parking spaces. You take the motion? I'll make the motion subject to the conditions set forth in step. Second. Have a motion and a second. Could we have a roll call vote? Cynthia, yes. Faulner, yes. Roger, yes. William Hutton, yes. Kathleen Hill, yes. Five eyes, zero nays, zero extensions. Motion pass. All right. Thank you very much. All right.

Well, you ready to start? What else do you have to go through? Nothing. You're finally done. Started this in January.

I know a lot of people are looking forward to a new dollar store dollar tree.

Thank you. Yes. Thank you for bearing with us. Good luck. Okay. Any commissioners comments? Any staff comment? Yes. Um, I think we should expect to have a very long meeting next month. We I think it's Are we at four or five cases, Tom? I would I would say five, but yeah. Right. So, um, we'll just have to try and keep everything moving as quickly as possible because it will be a long night. Different cases or different

different people. Different people. I might have a comment. Yeah. You know what? What again? Sound. So, your question was cases versus petitioners. Yeah. Yeah. because you know some petitioners have two, some petitioners have one but we actually have uh like four petitioners. I do not know if I will be able to make that. Well, okay. Again, if anybody is unable to make it, please let us know as quickly as possible um so we can make adjustments if we have to.

All right, public comments. Can we ask why he's sitting back there or what? Okay, we have a motion to adjurnn. Make a motion to adjurnn. Second. Have a motion and a second. All in favor signify by saying I. I. Brian, I have a question. How many votes does it take to pass? Are we Did we adjourn? Yes. Yes. Okay. I'm P.