Furthermore, this is de minimis that does not technically require the board to find hardship to warrant granting this particular variance request.
In terms of the referrals, this application received two referrals as prepared food shops and group medical, dental, and health practitioner, which requires a special exception in CMX1.
The med spa use here qualifies as a group health practitioner, which is administered by state
licensed medical professionals, often nurses or physicians assistants, who administer injectable
products such as Botox or other similar fillers and other similar injectable products. Given that
the use also has more traditional spa components, such as the cold plunge, the saunas, things of
that nature. We've also requested the use as personal services, but that does not require any
relief. As described throughout the presentation, we submit that all of the aforementioned uses
constitute uses permitted under the zoning code by special exception. We submit the proposal will
not increase congestion, harm neighbors' properties, or impair light and air. No physical changes to
the exterior envelope of the building are proposed. This use is entirely consistent with the impact
one might expect from a med spa, which, if the board members have ever visited a facility like
this, would know that it is extraordinarily low impact, predominantly filled with predominantly
women seeking various beauty services. By all means, there are some men, but it is predominantly
women. The cafe and prepared food shop are much smaller than many cafe spaces in the area and
will therefore have less impact than a typical cafe might. This is especially true where the
prior 7-Eleven attracted much more pedestrian traffic, and this use will not only eliminate
a five-year vacancy, but will improve the overall site conditions from the long-standing historical
use. This property has a nearly 100-year history of some form of commercial use and the proposal
will align with the expectations set by the CMX1 zoning of the site. The use is further consistent
with the comp plan that designated this area as a commercial corridor and will pose no danger
nor diminish the public safety and welfare. We submit the proposal complies in full with each
section of the zoning code concerning applicants entitlement to both variance relief and the grant
of special exceptions more detail as always is provided in the memo of law submitted to
the board at exhibit 11 and i'd be happy to touch on any point in more detail
at this point i would ask if the administrator could look for jacqueline clarizio
look can you hear me i can't sure jacqueline could you please state your name and spell for
the stenographer my name is jacqueline clarizio that's spelled j-a-c-q-u-e-l-i-n-e clarizio c-l-a-r-i-z-i-o
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you.
Jacqueline, you are the member of the J-Spot, which is the tenant of this commercial space.
Is that correct?
And have you heard all the testimony and evidence that was offered in front of the board today?
I did.
Would you agree that testimony was true and accurate, and would you adopt it as if it were your own?
would you agree that testimony was true and accurate and would you adopt it as if it were
your own i would and is there anything else that you would like to add not at this time thank you
we're happy to answer any questions questions from the board yes can you expand a little bit more
about what the medical services are here?
Yes, of course.
So this is all medical wellness.
It'll be everything from nutritional services
to anti-aging services,
such as facials, injectable fillers, Botox, et cetera.
There also will be IVs, administering hydration.
And then there will be other therapeutic services
like therapy meditation cold plunge and sauna okay all right thank you the questions from the board
questions from our attorney hillary emerson um just briefly um mr berliger the rco
they had several provisos one the one that appeared enforceable was interior trash storage
is that is that the intention here yes okay with that proviso we were we were entirely fine with
their list of provisos enforceable or non okay great and this is only on the first floor of this
building correct that is correct it's first floor commercial space only all right thank you
enter comments from the virtual audience
yes chair
Jeremy Blatestein
could you please
state your name
and spell for the stenographer
star six
to unmute yourself
chair we also have
Wade Albert
and we'd be
bring Mr. Albert
on if he's ready to go
good afternoon hi good afternoon mr albert just for the record could you state your name and spell
for the sonographer sure uh my name is wade w-a-d-e my last name is albert a-l-b-e-r-t
you swear or affirm to tell the truth the whole truth nothing but the truth
uh yes i do please proceed sir thank you so i i'm counsel for the center city residents
according rco for this project um and i you've discussed the the letter where we um we do not
opposed subject to a number of provisos so respectfully ask that if the board is inclined
to grant this request that the decision uh include uh any enforceable uh provisos that
you deem to be enforceable thank you very much council we appreciate it uh who else in the
virtual audience do we have chair we want to try um jeremy blatestein again star six mute yourself
um no further hands chair no it's still not a meeting planning commission
thank you chairman and good afternoon david vecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the cmx1 commercial
mixed use zoning at this location the city changed the zoning maps in this neighborhood in 2019
in accord with the recommendations in the comprehensive plan.
The appellant has shown that the proposed prepared food shop
and the proposed group practitioner will have no detrimental impacts to the neighborhood
beyond what might be expected,
and the appellant has shown the proposed occupancy of more than 2,000 ground floor square feet
will not injure the use of adjacent property.
The City Planning Commission recommends the board grant the proposed special exceptions and the variance.
MI-2204-006-147-2144-48 Lumbar Street, I vote yes with provisos. Interior trash storage,
use is limited to first floor. Michael Johns, my vote is yes with provisos.
Cheryl Gaston, my vote is yes with provisos.
panetta graham my vote is yes with provisals ishmael shaheed my vote is yes with provisals
chair i need to step away for about 10 minutes sure thank you thank you very much thank you
my timing constraint thank you so number 11 mi 2024 006078 7274 hanford street richard demarco
is the attorney. Letter of non-opposition from Take Back Your Neighborhood Coordinating RCO.
And a letter of unanimous support from the community on the rise. Mr. DeMarco.
Good afternoon, Mr. Chairman.
Good afternoon, Mr. Chairman. You called. I have two cases today and I was joining. You called.
You called, I have two cases today and I was joining.
You called Hanford Street first?
Yeah, Hanford Street, sir.
And Mr. DeMarco, you've already been sworn just for the record, state your name.
Good afternoon, Richard DeMarco, last name spelled D-E-M-A-R-C-O.
Could you identify your client in relationship to this property?
Yes, my client is Michelle Huang.
She is the managing member of the LLC, the LP, excuse me, that is the owner of the property.
Do you stipulate to the reading of the refusal and do you agree with its accuracy?
That's a referral.
I'm sorry.
Start your presentation, sir.
Share your screen.
And just for the record, the K and Z property LLC is the owner.
Thank you.
All right.
so mr chairman this is a referral to the zoning board i'll share my screen we'll get that up on
the board in a moment oh oh i just froze i don't see where you're freezing oh unless you're screen
sorry about that mr chairman i think you accidentally hit a pause button or something
i'm losing control of the you can hear me okay i can't control there it goes sorry about that i
had a little blip on my computer my book sure so it's okay all right so there we go there's
the referral uh this is an existing uh commercial space mr chairman along hanford street it's
actually right along cotman avenue the cross street is cotman avenue we had meetings with
two RCOs. There was support by both. I'll be brief. My client is available to accept my
testimony. If you see here on the referral, the prior use was a smoke shop and vape sales. It was
not a very nice, we would argue, neighborhood quote-unquote use. But there's a long history
of commercial use at the property. There's a single unit above. But obviously, we feel we
meet the legal standard for special exception. I'll show you. This will be a rolled ice cream
store. It's the new thing for desserts. There's no hot food, no grilling, no anything like that.
Let me show you a photo so you can see what we're talking about. Here's some photos of the existing.
This is the structure here. There is existing parking off street that was legalized by this
board with the smoke shop variances that were granted. And that's the parking. That's the
entrance to the store right there. There's actually two additional parking spaces in the rear.
And this is the posting and the main entrance to the property. The premises were not in great
shape. They're going to really rehab this, make it look nice. Again, the previous use was not
a very nice use i'll show you our floor plan real quick this is the floor plan there's going to be
some seating indoor there's going to be plenty of trash receptacles we're gonna have commercial
trash pickup um i'll show you i do have actually the client did show a photo that's what we're
talking about here hopefully you can see that that's what rolled ice cream is it's a very
popular uh new dessert i think that would be the main points let me go ahead and have michelle
Huang. Oh, this is our letter of non-opposition from the one group. And then we got non-opposition.
We got unanimous support from the other. So let me go ahead and have Michelle raise her hand
virtually. Well, I've set my testimony. Michelle. Yeah. Hopefully she's still with us at this late
Good afternoon. This is Michelle Huang.
Could you please spell your name for the court stenographer?
M-I-C-H-E-L-L-E, last name H-U-A-N-G.
Do you swear or affirm the tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, Counselor.
Michelle, did you hear my testimony in my factual presentation? Is it true and accurate?
And do you adopt it as your official testimony in this matter?
And the only question I had that I didn't ask earlier is you'll have three employees, no more than that?
Put it be four.
Oh, four, sorry.
Put it be three to four.
And your hours of operation are from 12 to 10 p.m., correct?
That's all I have, Mr. Chairman.
That's all I have, Mr. Chairman.
Obviously, we feel this is an even better use than the prior.
Obviously, we feel this is an even better use than the prior.
It's a referral.
We don't need to prove hardship.
And the use-
Did she adopt your testimony?
I'm sorry.
Did she adopt your testimony?
Thank you.
Questions from the board.
Here's a color rendering of the floor plan.
Sorry.
Thank you.
Questions from the board.
Questions from our attorney, Hillary Emerson.
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
There are no hands here.
Planning Commission?
Amy Boyd with the Planning Commission, A-M-Y-B-O-Y-D.
Are you a firm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
The comprehensive plan recommends a change in zoning at this location from CMX 1 commercial mixed use to CMX 2.5 commercial mixed use.
The city rezoned the neighborhood in 2012.
The appellant had shown that the proposed eating and drinking establishment will not have detrimental impacts to the neighborhood beyond what might be reasonably expected.
The proposed advances the goal of the comprehensive plan to explore opportunity sites for development that supports a mix of uses in the Central and Northeast Planning District.
The Planning Commission recommends that the board grant the proposed special exemption for eating and drinking establishment.
MI 2024-006-078-7274-Hanford Street, I vote yes.
John's, my vote is yes.
Cheryl Gaston, my vote is yes.
Sonata Graham, my vote is yes.
Ioann, my vote is yes.
Mr. DeMarco, are you still there?
I'm here.
Why don't we just do your case?