Are you for or against the project?
I'm strongly against the project.
And you're a neighbor, Lois?
Yes, I am.
I live at 1202 Reed Street.
Lois, thank you so much for your comments.
Who else in the virtual audience?
chair next we have camille last name beginning with b as a boy how many more do we have there
chair we have one we have four there just for just for the record i object the last um
witnesses testimony ms jenky i believe she testified her address is 1202
i hear you leo i hear you leo thank you all right who's next
chair camille begin last name beginning with b as in boy you're on hi could you state your name
and spell for the court reporter um hello um chairman bergman uh this is camille basholey
and patrick duffy we are the owners of the property so so we we understand where you are
we we we know what i want to do is get the rest of the people who have something to say
My apology is out.
No, no, no.
Don't worry about it.
We just want to make sure that you're aware that we are here.
Thank you.
We know you're here.
We know you're here.
Who else is next?
Next year, we have Jonathan McDonald.
All right.
Mr. McDonald, could you state your name and spell for the court reporter?
Mr. McDonald, you are muted.
mr mcdonald i'm back i'm here could you state your name is spelled for a court reporter
jonathan mcdonald j-o-n-a-t-h-a-n-m-c-d-o-n-a-l-d right do you swear for him to tell the truth
the whole truth nothing but the truth yes i do mr mcdonald are you a neighbor i am 12 26 read
Okay. Mr. McDonough, we've heard both sides of this. Please tell us, are you for this or against
it? For. Okay. Thank you very much for your time and effort calling.
Okay, thank you very much for your time and effort calling.
Just for the purpose of the rest, Mr. McDonald, are you still on the line?
One moment, I'll try to get him back.
If not, I think we have his reasons.
No, there's something else, Chair.
Go ahead, get him back online.
He is online.
Yeah, Mr. McDonald, please unmute yourself, you're free to speak.
go ahead leo mr mcdonald i'm counsel for the applicant in this matter mr mcdonald do you
know me yes sir okay you're also an attorney correct that's correct have we worked together
before yes the fact that we have worked together that you know me in any way influence uh your
vote in this matter no i didn't know that you were involved in this until i logged on thank you all
All right. Thank you. Thank you, Leo. Thank you, Mr. McDonald.
No problem. Who's next?
Okay, Chair, we have Clara, last name ending in R.
Hi. State your name and spell for the court reporter, please.
My name is Clara Rottalk. It's spelled C-L-A-R-A-R-O-T-T-S-O-L-K.
You swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
We've heard both sides of this. Are you for or against this?
I'm against passing it this time. I would support a continuance to more thoroughly consider the impact of traffic and noise and trash on the street.
Thank you so much for calling. How many people do we have left in the audience?
Two more hands, Sheriff.
Next is Daniel, last name beginning with D, as in dog.
Hi, could you state your name, please, as a call for court reporter?
My name is Daniel Driscoll, last name D-R-I-S-C-O-L-L, unrelated to the previous Driscoll.
I was going to ask that question.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
We've heard both sides of this, Mr. Driscoll.
Where do you stand on this?
I am definitely against, and I was hoping that Mr. Mulvihill would explain why he says
the property has always been commercial in his sworn testimony.
Well, we're not going to ask Mr. Mogahill questions. You're against it. Are you a neighbor, sir?
I am a neighbor.
Okay. Thank you very much for calling. One more.
Chair, we have Michael, last name beginning with H as in Henry.
Okay. Michael, state your name and spell for the court reporter.
Hello?
hi yes it's lisa state your name and spell for court reporter please it's actually lisa hallowell
h-a-l-l-o-w-e-l-l right do you swear for him to tell the truth the whole truth nothing but the
truth i do we've heard both sides of this are you for this or against it completely against it
and you were neighbor i am okay thank you very much for your calls we're going to go to the
planning commission planning commission this is ron bednar city planning property is indicated for
residential and the city plan our adopted district plan recommends no changes to the existing zoning
at this location the applicant's hardship is not supported with evidence of unique
physical circumstances or condition of the property that would prevent it from being
using conformity with the code therefore we recommend quest for vanity it's not regret
thank you we're going to hold the vote on this uh chair of the mobile mr all the hill you're
going to reapply or i'm going to do what's necessary yes chair there's one thing thank
you the only thing i wanted to add to the record is this there was testimony in the chat from
somebody who left who stated that they lived at 1420 south 13th street our subject property was
occupied up until a couple of years ago when the owner passed away his son lives in the building
until it was for sale and it was not vacant for eight years okay thank you very much thank you
much mr mobile thank you for your time we're going to move on to the next case mr chair mr
chair i just want to note um for um for the record that that this case is closed other than the
receipt of the amended refusal.
They should close
other than the receipt of the amended
refusal.
Case number
8, MI 2021
3245 North
27th Street.
Brandy Talley is the owner.
Letter of support from the Community
from the Community Action Group. Brandy Talley. Ms. Kelly is coming back in as a panelist.
Action Group.
Brandy Talley.
Hello. Hi Ms. Talley, how are you? Fine, how are you? Could you state your name and spell for the
court reporter, please. Brandy Talley, B-R-A-N-D-I-T-A-L-L-E-Y. Right. Do you swear or affirm
to tell the truth, the whole truth, nothing but the truth? Yes. Our vice chair has a few questions
for you. Good evening. Good evening. The exhibit packet was proof of ownership, tax compliance,
a copy of the refusal or referral, photos and or plans of the property five days in advance of this
hearing and have you met with the RCO and do you have a letter? Yes. Okay this is an application
for use as a child care center as part of an existing single family dwelling in an existing
structure. There are no signs on this application. There are two use refusals. The proposed use
child care center is expressly prohibited in RSA 5 residential zoning district. The second refusal
is this creates a condition of multiple principal uses, and this is not permitted.
You may proceed and begin sharing your screen.
Okay. I have support letters from both the...
Can you begin to share your screen?
Please.
can you see my screen yeah no
and mr chair we do have a letter of support from community action group yeah yeah
ma'am are you on a computer okay yep
okay we see it now yeah yep okay this is just a little is it possible to make it just a little
bit bigger that's good that's good thank you okay i have a letter from the rco and the affected
RCOs, the Community Action Group
and the Swampoodle
RCO. Okay.
This is my refusal letter.
The first refusal is
the multiple
principle.
I have since
putting the pill in,
I have moved from the property, so it's
now all used as a child
This is my
do you guys need to see my lease
stating that I'm moving?
okay let me see
you have a picture of the outside of the property?
yes I have the picture of the outside
this is one way
then I have the picture of the other way
this is the backyard of the property
this is the inside of the property everything is already um set up as a child care center
we are now in a group this is the upstairs area
this is the downstairs this is the second level
is this on the corner property no it's not a corner property it's um it's like four doors
from the corner how long have you operated this this is this is my fifth year december
fourth will be my fifth year in operation okay all right um
okay questions from the board no mr chairman
no mr chairman uh questions or comments from the virtual audience
i see no hand shared and you say swampy i'm sorry a calling user just put their hand up
okay phone number ending in three five five two please i think that's one
phone number ending in 3552 you're free to speak in your
Phone number ending in 3552.
You're free to speak and you're unmuted.
I don't know.
Mr. Chair, this is Hillary.
Oh, there she is.
Okay, sorry.
I had my mute on.
I'm sorry.
Could you state your name, please, and spell for the court reporter?
Yes, this is Adrienne Fernandez.
That's my last name, spelled F-E-R-N-E-N-D-E-Z.
You've already been sworn.
Our support letter was already in the file because this case was continued.
So we had a letter dated for May 31st, and we have been working with Brandy for a while,
both RCOs, because she did actually present in person before COVID.
So both RCOs in Toronto support her project.
thank you for taking the time of the calls
thank you very much
Mr. Chair
Ms. Fernandez had just
forwarded me the support letter back
from May and there was a request
for a proviso for
internal trash and recycling
storage
yes thank you
yes we had one proviso request
okay thank you
is there anyone else
in the virtual audience
I see no hands chair
Planning Commission this is Ron Bednar city planning the property is indicated for residential
use on a city planner adopted district plan recommends no change to the existing zoning at
this location the applicant's hardship is not supported with evidence of unique physical
circumstances or condition of the property that would prevent it from being used in conformity