It has two administrative permits, and we're just looking to expand its current operations to the second floor.
It requires a referral, and the area is a mixed CMX1 and RSA2, although when I show you the structure, see that it's not really suitable for a single-family home.
We did the tax clearance. This is the lease.
Okay, so this is the site here in red. As you can see, it's on Old Busselton Avenue and it's
sort of at the tail end. It's surrounded by CMX1, CA1, and then commercial mixed use one at the
corner and this little triangular piece in the rear for whatever reason is zoned RSA2 so that's
what's triggering the half CMX1 RSA2 component. Just an aerial view of the site as you can see
it's not really surrounded by single-family homes it's more in a commercial and auto mixed-use area.
area. This is the structure from the front, the zoning posters, a few down the street.
this is the structure
Again, next to mostly commercial buildings.
as mentioned this is currently being used on the ground floor as a
child care center so just some interior photos um and uniquely enough the client spells her name
rachel the same way i do which never happens so i can see that on some of the signs small
kitchen space she has, some of the cute little backpacks. As you can see, it's kind of a tight
space, so to be able to use the second floor to expand this existing child care center.
Bathroom in the back.
again more of the interior space
this is the upstairs space so there's nothing there now
just some storage paint stuff like that so our application proposes to
able to expand downstairs to be able to use this space as well
So it's a nice, clean space. It's just nothing's being used up there at the moment.
So in CMX1, it doesn't allow for a child care center without a special exception.
and obviously given the number of kids and the existing use, a group child care center or a
family child care center doesn't fit what we're looking for and obviously not an adult care center
so it requires a special exception. We met with the community over the summer, the Greater
Busselton Civic League, as mentioned, we sent out mailing notices, and they submitted a letter of
25 people in support, no opposition to this application. We also have a letter from Councilman
Brown O'Neill in support of the application as well, and as mentioned, we also got some near
neighbors to submit letters of support um this is just a better aerial view of the property just to
kind of see what the surrounding area is like. This is just showing the existing daycare
from an aerial view site plan.
Let's just show the breakdown of the space
and the egress utility space. I know that the vice chair has asked before about outdoor play
space. I note it here in the front. So there is outdoor play space. As you saw, the indoor is kind
of cramped. So not a real opportunity to have it inside there, but it will be outside.
And then again, just as previously shown, some of the aerial views, or sorry, indoor views
of the space um this is the side parking lot this is a structure here so ample place for drop off
and pick up not on the necessarily have to be on busselton avenue their existing sign
um and just our memo of law which don't need to go through um
if we can bring on rachel gonzalez if she's in the audience and then i know our architect is
available in the event that there are any specific questions on the floor plan or the
site plan. Bring your client on, please. Chair Rachel Gonzalez
is coming back in as a panelist now. Thank you.
Hi. Hi, Ms. Gonzalez. Hi, how are you? Could you please state your name and spell for the stenographer?
Hi, Ms. Gonzalez. Hi, how are you? Could you please state your name and spell for the stenographer?
Good morning. My name is Rachel Gonzalez. First name, R-A-C-H-A-E-L. Last name, Gonzalez, G-O-N-Z-A-L-E-Z.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel?
Rachel, have you heard my testimony today? Do you believe it to be true and accurate, and do you adopt it as your own?
Yes, I do.
Thank you.
I guess the only last thing I wanted to mention, Chairman and members of the board, just as far as the comprehensive plan is concerned, it does call out in the upper far northeast district plan, the old Busselton Town Center is a focus area.
So our proposed child care expansion would align with the goals of that focus area to encourage more community serving uses.
And so it's a more walkable, vibrant neighborhood.
And I realize I didn't talk about the hardship, but the zoning would really allow for uses
that would require us to vacate that space and put in a different use, like an adult
care center or something that would be different than what's there.
It's been a benefit to the community having the child care center there.
And I think to expand, it would increase that amenity.
And also, it's not an overuse of this space.
It just would be that second floor that's not being used for anything.
I just don't think it would make sense to put one unit above there, given just, you
know there's kids down below i just don't know that that's an appropriate use for above when we
could expand um the child care center all right thank you very much questions from the board
um yes um okay so how how many children do you have there now we're currently licensed for 30
um enrolled 29 right now okay so and then with this extra space how much more space are we talking
about how many more children are you contemplating being able to accommodate? I wouldn't know until
we would get the occupancy measured up there, but just by judging, it's smaller than what we have
down here. So I'm thinking maybe like 15 tops extra children if we were lucky. Okay. And then
um do we have an age for the children uh threes threes to five would be upstairs
ah okay and then do we have a picture of the stairs
um i didn't i i didn't i know that i saw uh the egress marked on the right i i i saw the
Yeah. Opening like the door. But I don't know if I saw the stairs.
You take a look.
You're talking about the internal stairs? Yes. How the children would actually get from this
first floor to the second floor. The picture that Rachel just passed up above this one,
rachel that door right there does lead to the um the hallway that leads upstairs is a carpeted
um stairway that leads to the upstairs closure door that would then open to the second floor
entrance yeah okay but you don't have a picture of it i i can run right now if you want me to
take a picture of myself show you no i just you know um no i don't think there was a picture of
that there we weren't really accessing it at this time because it wasn't um you know i wasn't allowed
to yet but is this that stairwell is the bathroom that is that right there that you just scrolled
past up again that's the entrance there's like a window and then immediately to the side there
is the stairs so our architect has one he's online i don't know if we can just promote him
uh board member gaston and then he can just share his money bring him one yeah so my yeah my no
problem i i believe that you know with with stairs there's there's an issue of how these
what is it the use not use category but like the group that it belongs in and whether you have to
have extra means of ingress and egress because of the stairs or the age of the children that can be
be in the space because of the stairs you know they're there are different requirements so
I don't think you have you said you don't have anybody two and a half or below right you said
three and up so I'm not sure if it's it applies I'm just there is another stairway in the back of
of that, the upstairs.
So there's a stairway that is accessible
is accessible from the side of the building and there's a separate stairway from the upstairs
from the side of the building
and there's a separate stairway from the upstairs.
out the back a covered outdoor stairway okay yeah so that that was the concern because there's also
yeah the issue of you know what would happen if there was something bad shall we say that there
was a means of um egress from that second floor space that was right there we passed um one of
the pictures that did kind of show a snid bit of it up up um up um carl has one if we can bring
him on is there why don't you bring him on please yeah what's his name carl emberger okay
mr emberger please unmute yourself he's promoted to panelist here sure thank you
mr emberger complete could you please state your name
Carl Emberger and spell it please for the sonographer yes it's a c-a-r-l-e-m-b-e-r-g-e-r
you swear or affirm to tell the truth the whole truth not forget the truth
I do please proceed counsel Carl are you able to share your screen and address the board members
questions related to the interior stairwell and the egress required for this?
I can. I will start with photos. Can you, oh, sorry, I'm missing the wrong one. Hold on one second.
Okay, so this is at the top of the stairs that was in the kind of the background of one of the photos that you previously saw, and then as you move down,
it goes down into a hallway and then to the left at the bottom of the stair.
So this door to the left here goes directly outside. The door to the right in the back
goes into the existing space that they're currently using. And then let me see.
i don't have the best photos of the stair in the back but there is a covered egress stair that
comes from the back of the building so there's a door up here um that's coming from the the rear
space and it it turns on a um covered landing and then comes down this stair to grade
okay okay any other thank you any other questions
yeah i have a question is the plan to keep the space open on the second floor or will there be
like partitions that you'll utilize to separate um go ahead rachel i was going to say my you're
going to use it the way it is right now yes yeah unless if you guys allow the ordinance and
my inspector comes and tells me to change it for octal um i have to listen to her but for me
i think it's okay
other questions questions from our attorney hillary emerson not at this time mr chair
questions or comments from the virtual audience i see no hands chair planning commission thank
you chairman and good morning david vecto with the city planning commission chairman and board
members the comprehensive plan recommends a change in zoning at this location from cmx1
commercial mixed use and rsa5 residential single family to cmx2 commercial mixed use
the city rezoned this commercial corridor in to cmx1 in 2022 and a council requested map change
The City Planning Commissioners recommended against this rezoning.
The Appellant has shown that the proposed child care center will have no detrimental impacts beyond what might be expected.
The City Planning Commission recommends the Board grant the special exception for a child care center.
MI 2025-002-666-9313, Old Busseton Avenue.
I vote yes with proviso.
Certificate of occupancy to be obtained.
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Ryan McAdams, my vote is yes, with proviso.
Ty Nguyen, my vote is yes, with proviso.
Thank you.
Thank you, counsel.
Thank you.
Thank you.
Thank you.
Let's go back to number one, MI 2024-005-585-4022 North Free Street.
Interpreter, please.
Interpreter, please.
Yes, sir.
How are you, sir?
Just state your name for the record.
My name is Josue Arriaga.
All right.
Could you, and you've already been sworn to ask,
could you please ask Lydia Polino to come back on?
Señora Polino, ¿está en la línea?
Sí, estoy presente.
Okay, si puede intentar prender su cámara, por favor.
No, no pude. No he logrado eso.
El caso va a ser continuado. El MI 2024 0055 854022 Northern Street va a ser continuado para el día 13 de mayo del 2026 a las nueve y media de la mañana.
Sí, muchísimas gracias y que tenga un excelente día.
All right. Have a wonderful day.
Thank you very much, sir. We appreciate your help.
okay so number six um our vice chair is going to recuse herself from this case
mi 2025 005 528 3017 west sesquahanna avenue shay aragman is the owner um and pro se
they're coming back in as a panelist now chair
Chair, I'll be recusing myself from this case.
Thank you.
hi shay good morning mr could you please state your name and spell for the stenographer
sure shay my fruit my phone is shay argaman uh it's spelled shay y first name last name a-r-g-a-m-a-n
right do you swear or firm to tell the truth the whole truth nothing but the truth
You won't do that.
Our board secretary has a few questions for you.
Good morning.
This refusal is, the application is for use as two-family household living in an existing attached structure.
There's one use refusal, whereas the two-family household living is prohibited in the RSA-5 zoning district.
Did you submit your documents and exhibits five days in advance of this hearing?
Yes, ma'am.
And do you waive the reading of the refusal and stipulate to its accuracy?
Yes, ma'am.
Thank you.
You may share your screen and proceed.
We should do a presentation.
Mr. Agerman, just so you know, we're not going to vote on this today because we know that you have an upcoming RCO meeting.
So what we'll do is we'll let you present your case.
We'll see if there's any comments.
And then what we're going to do is hold the vote until after the RCO.
Absolutely.
Thank you so much.
Why don't you start your proposal?
show my screen yes okay go to slideshow can you guys see this it's coming up right now yep we
see it okay so my name is uh shay argaman i've been the owner of the property uh for the past
four years i have resided in this property and in the one and one two area for about five years
altogether i'm here today requesting a variance i'm representing myself to go from an rsa5 to
a two-family r2 uh classic duplex conversion i will show you in a second uh i have some
just dry facts of the property it's a three-story about 2200 square feet um