Thank you.
I'm going to go.
Yeah, Mr. Chair, members of the board, you know, their record should reflect that my clients, Kakaberi and Miranda Chivinezzi, were before the board, before their council of record.
unfortunately
had his law license suspended
and then of course
following same
they were assigned other counsel
who was
I think everybody would agree
was not a zoning and land use
attorney recognized by this board
And graciously enough, this board honored my request for reconsideration and rehearing.
So that's what brings us here today.
In my typical exhibit packet, I have at A1.1 our petition for reconsideration, which was approved by the board.
A1.2 is the original notice of refusal.
Again, this was an application for personal vehicle sales in an existing property on Redline Road.
It is our position that the property has been previously approved for auto repair, as were other sites at this location.
And there's basically four lots, 70, 80, 90, and 100, Redline Road, us being 90.
70 is an existing auto repair center.
100 is an existing auto repair center.
80 really doesn't play into this application or discussion because they're a sign contractor.
So we'll just, you know, leave them out of it. All right. But in any event, personal vehicle sales require pardon me requires a variance.
variance. So A2 is the original ZBA application followed by previous counsel, which includes the
project information form. A3 is the original project information form. A4 is our proof of
ownership, our deed. A5 would be our tax clearance, showing that all taxes are paid through the
current year a six are some archive zoning site plans a seven or floor plans currently as the
property exists a seven or some substantial photographs and subject property exterior
interior street views aerial views and i added some off-site vehicle storage uh to show that um
You know, we store our vehicles off-site, and they are not the subject of any current complaints.
With regard to the original RCO meeting and notices, we attach at A8 the meeting notice with refusal, the certificate of mailing, the RCO letter of support from Greater Busselton Civic,
and the latest email notification indicating that Councilman O'Neill was not opposed to this,
but I think that may be in dispute at this time.
We never received an actual letter from the councilman, not in my file or prior council.
A10 is the relevant zoning history from 70-100 Redline Road.
It is very substantial. If need be, we can, you know, you know, go through those. But at A11, you will see recent L&I violation history, which, again, excludes 80 because they've never been part of this application, nor the complaints, nor any controversy.
With regard to 90, there was a code violation issued in 2024 at 078981 that has since been complied and closed.
That did include a stop work order and or.
uh, uh, uh, stop work order and or, uh, cease, uh, operations. Uh, there were also issues,
uh, uh, violations issued regarding 70 redline road as well as 100 redline road. Uh, to my
knowledge, they are both still open. However, uh, everything related to 90 redline road has been
closed, complied. And we're just here with our application today, seeking reconsideration
for the auto sales and accessory auto repair related to S.A.M.
A14 is the zoning map. A15 is the aerial photograph. Again, with regard to my comments
and representations, which will be verified and adopted by my clients, we're seeking only
approval for auto sales with accessory auto repair and maintenance of for sale vehicles
and a business office for auto tags and insurance, et cetera.
Again, it's going to be limited to sale vehicles. This is not a retail auto repair site.
So we would have no retail repair sales parts, et cetera.
Um, we submit that the properties have a long established auto repair history as evidenced by our, uh, zoning history, which is attached.
Uh, the subject property is the target of the enforcement due to other owners on site.
I don't believe that my clients are the, you know, the the violators at interest here.
And they have complied with every directive and or order, you know, from L&I.
So we are now in compliance.
Right now, the you know, they are not operating.
The property is, you know, pretty much silent and dormant pending this board's decision and final clearance from L&I regarding the violations.
Currently, all vehicles purchased by my clients are stored off-site.
Um, any vehicles being stored or transported at 70 dash 100, uh, do not belong to us.
Um, you know, you, you may see pictures and, or, um, you know, comments by, you know, uh, interested parties in this case.
Um, but currently none of those prop, you know, none of those vehicles are, are, uh, owned by the owners at 90.
You know, we submit that it's, you know, more than likely 70 red line road.
But so pardon me.
So, again, we have our request for reconsideration.
OK, we have.
My transmittal letter, I would also point out in my transmittal letter.
that prior to
and I think this is important for the board
prior to their
engagement of the operation at 90
Redline Road, at least on two occasions
via 311 app, they were
advised from O&I that the use was permitted.
OK, and then, you know, they they proceeded upon that reasonable expectation that because they were advised that it was permitted that they could, you know, proceed with the use at this site.
Unfortunately, I, you know, I think L&I did not consider the overlay, you know, from the, you know, the four-year-old piece overlay.
So, yes, Mr. Chair, you had a question?
I did not.
Oh, I'm sorry. Okay.
Um, so, uh, we include in our packet, our request for reconsideration, um, um, we have
our, you know, you know, emails, et cetera.
Um, let me get to, all right, we have our deed.
just real quick you know taxes are paid
You know, taxes are paid.
Here is the site.
Let me, so you can see that at 70-100 Redline Road,
it's bordered by Gantry Road,
100 would be the corner, 90, 80, and then 70.
Here again would be a zoning site plan from the archive, and you can see outlined in red
is our subject property.
What they are looking for would be to have several display vehicle, you know, sale vehicle
spaces out front facing Redline Road.
Uh, the parking spaces in front of the building would be used for, um, you know, customer parking and, you know, owner parking.
This is a better.
So again, we propose four display parking spaces out front at the property line.
The five spaces directly in front of the building would be used for customer parking and or owner slash employee parking inside the property is.
there are two lifts
which were installed by my clients
based upon the prior
zoning confirmation
from LNI
there's a copy of our
zoning notice
and again you can see
the cease operations on the site
this is
photographic evidence just to show that any vehicles
pursuant to the violation notice that were
unregistered or untagged have since been
removed and any vehicles on site
are duly registered. As a matter of fact, this is
my client's vehicle right there. This is
the rear of the property. The red truck
is not on our property.
That would be to the left.
Right?
That would be 80.
These are just pictures of the office.
This is inside of the...
And there's the two lifts that I mentioned.
This is Redline Road facing west.
Redline Road facing east.
The property to the left was the former bud plant, then it was a golf course, and now I believe the future site of a UPS facility.
Here is a overhead Google, so not going by these Colby Dental, I don't know what that is, but this would be 100, this would be 90.
this is 80 and this is 70 so uh in the back you know again this is a google aerial um so there
is entry from gantry road which traverses the back of all four buildings same thing without front
there is entry from redline road as well as gantry road um 100
redline road
erected a
fence which
blocks the
driveway
which we were cited for
but I notified
L and I that that was not
our fence it was
erected by 100
what was that photo just up with all
the cars
what this one
yeah what's that
This is our off-site storage.
And I can show you.
And where's that at?
Hang on, hang on.
All right, so this being our site, Mr. Chair,
that property is the next block over.
So on your site there,
show me where you want to have the four cars
the display where are you going to display cars they would be right out front
on this front of the trees in front of the trees
On this front of the trees in front of the trees.
Well, the the the trees are high canopy trees.
OK, all right. OK, all right. You know, so, you know, from the street, you know, they would not be blocked by the tree.
But OK, no, we're looking for, you know, up to four vehicles, you know, facing the road that would be for sale.
um the uh the trees i mean you had a parking spaces in front of the building would be used for
um you know our employees and or customers and here let me go back to
so again going back to the plan yeah so here's the building um here's that driveway coming in
from redline road this is coming in from gantry um we're simply looking for the
four spaces out front for display vehicles and then you know obviously customer parking and or
you know owner uh when you know when they come in to go to work in the morning and again these are
the two lifts that were evidenced in the photographs um and i would point out that
But, yeah, this property has been, you know, of notable objection and inconvenience to some of the other business neighbors.
And basically, you know, my clients, you know, without zoning approval, have been trying to just make ends meet because they got a mortgage to pay.
and uh but their ultimate goal is for auto sales to to repair and maintain those vehicles that
they're going to sell uh most of the sales would either be uh online or at the auction
um you know they're not looking for an auto sales lot you know i i i want to be clear about that
so uh you know just looking out front you know this is here's their front door uh we we have
those parking spaces left to right in front of the building um you know spencer industries yeah
i believe that is uh that's 80 i think they are the uh yeah architectural signage okay um
And then over here is the subject fence that was erected by 100 Redline Road, not us, which is the subject of an L&I violation, but not associated with us.
Again, we are complied and closed.
And we are just looking to do auto sales.
And here's another interesting note.
They concentrate in Priuses.
And I asked my clients, I said, why Prius?
Apparently, Prius is the most affordable vehicle for newly emigrated persons.
uh to obtain in in the united states uh number one they're they're inexpensive to acquire
and number two they're inexpensive to operate because they're hybrids and uh so uh sean sean
do you let me ask you do you do the body work there too do you paint it no no painting no no
painting no body work uh well well you got all them parts there i mean do they just put them
on the cars or take the old dance off and put new ones on? Mr. Chair, they could swap out a fender
and then send it out to a paint shop. But no, the place does not have any painting
apparatus, no body work going on. That's another thing about a Prius. Believe it or not,
But the parts are easily to swap out. So so they have they have plenty of parts.
But no, they they do not do any painting or auto body.
So it is just. You know.
So, Sean, Sean, you talked about what's happened.
Are you aware of the letter from the L&I commissioner?
No, I am not. I understand that the L&I commissioner was going to be involved,
but I have never been provided a copy of that letter.
Could we make sure he gets a copy of that, Hillary?
Yes, I'll take care of that now, Mr. Chair.
Basically says they're not taking a position,
but they discuss efforts across multiple city departments
to address issues that happen at that property.
Well, again, my suggestion to the board is that it is not simply 90 Redline Road, 70 Redline Road is, you know, definitely involved in the same kind of business.
Well, again, my suggestion to the board is that it is...
And ever since the cease operations order that was issued, when was that?
Last month, two months ago.
the parking authority police department l and i to uh tow uh you know a substantial number of