But this is the warehouse.
This would be where the parking lot is.
It's not been in use for some time.
And then these are the proof of posting.
of the hearing notice posters for both properties and then this is north 6th street to the right of
property north 6th street to the left of the properties and then our plans and drawings so
you can see my client has made you know the building pop through an adaptive reuse uh lots
of you know cleaning up the brick lining up the brick adding new windows even having a mural here
and have a centralized location in the parking lot.
So when there's a pickup and drop-off,
we're not causing traffic congestion.
And then again, this is just a site plan,
but basically people would be coming in here.
There's a ton of landscaping around here.
You can see this is by the way,
where the playground is,
and this is where the extra shading is.
But it's just basically there's 12 parking spots here.
include one handicap accessible spot. But this is the opening of the building. There's also a
temporary area for parents to drop off the kids, the younger kids. But it's just, we figured it'd
be a very slow line of pickup and drop off here. And then people can park if necessary as well.
And then this is just, again, elevations of what the property would look like. We're completely
cleaning up the facade, adding new windows, you know, guiding the place out and making it really
nice. And then these are just the two different floors. Again, the main area is right here
to open up. You have an office here. We have an elevator. So everyone is ADA accessible,
good for the kids as well. And then each room has different children of different ages. Each
room is going to have a bathroom. And what my client tried to do to make it interesting,
And because it's a longer building, he curved the hallway to make it a little bit interesting for the kids and for the people that are there as well.
And then this is just a landscaping plan and then more detailed elevations.
But we're not changing the building structure at all.
This is the survey showing that we're consolidating the parcel.
And then this is the hearing note. This is the community meeting notice. We had a meeting September 25th. We went out September 11th, two weeks beforehand. We emailed that notice and proof of mailing of that notice to the coordinating RCOs, coordinating RCO as well as the relevant parties.
99 addresses were mailed, received this notice.
Those in the addresses that received it, proof of mailing to those addresses,
our application for appeal that we filed on behalf of the applicant,
along with the letters of refusal and the project information form,
the agreement of sale that my client is under right now,
closing is scheduled for January 31st, 2025.
Hopefully with these approvals, maybe we can move that up a little bit.
It's with Goodwin Development and the Certificates of Tax Clearance.
And that is my presentation in a nutshell.
I would ask that Alex virtually raise his hand and, you know, we can give some information too about hours of operation and, you know, where the trash is going to be stored.
and, you know, how many kids they expect in the facility.
Yes, this is Alex Berenson.
Can you guys hear me?
Yes, sir.
Could you please state your name and spell it for the court stenography?
Alex Berenson, A-L-E-X-B-E-R-E-N-S-O-N.
Where are a firm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Yes. Alex, you heard everything I had to state today about your zoning matter.
Is it true and correct?
And do you adopt it as your own testimony?
Okay. According to my notes, and I just want to make sure, just confirm, you're going to have around 20 to 25 teachers at the facility, right?
That is correct.
Yeah. And it's all dependent on the amount of children, right? Because you're regulated by the state, right?
That is correct. That's based on the ratio per class.
Yeah. And then it's not just a one-time certification. Every year there is an inspection
there is an inspection and certification and process you have to go through with the state, right?
and certification and process you have to go through with the state, right?
That is correct. We get recertified every year.
All right. And in addition to being five-star rating on Google,
you're also Keystone certified as well by the state, right?
Yes, we're a four-star facility, which is the highest rating.
Okay. And then your hours of operation I have is nine to six. Is that right?
Yes. So it's eight to six.
Okay, sorry, eight to six, sorry.
But primarily, you'll have to drop off anywhere from, I would think, from seven to nine.
Correct.
And the pickup over the last two hours from four to six, right?
That is correct, yes.
All right, and then you, you know, obviously, this facility would, of course, agree to commercial
trash pickup, which it looks like two to three times a day, right?
Okay, and then all of your bathrooms are ADA compliant.
That is correct.
and um you what's your anticipated amount of kids that are going to be in this facility
anywhere between 200 to 250 kids again and you don't get to just decide that it's based on
the spatial limitations um of of the facility so if the facilities are a certain size you're
limited to how many kids you can have in each room based on those sides and how many teachers
you have, right? That is correct. DHS will come out. We'll do the final inspection. And based on
the number of square feet that we have per room and number of teachers, they will assign the number
of kids allowed for the facility. Okay. And then I think that's it. I think if there's any other
questions from the board, we can honestly answer them. He adopted your testimony, Alan?
I think he did, but do you adopt your... No, that's fine. That's fine.
questions from the board.
Yeah, I have a question. Can you go back to the site, Blaine?
Sure. You mentioned three trash pickups
a day. How is that going to be handled?
I think I said a week. Per week.
Oh, per week. Okay. Sorry if I misstated.
Yeah, I thought it hurt for a day. It seems like a lot.
I was really concerned about the neighbors.
you know and the kids and trash trucks three times a day yeah that's a little bit much i think uh
yeah um what's the what's the what's the route how are they going to um alex you want to speak
while i i go through this i'm trying to think where our trash cans are on the side i think
they're down here is that these that yep that's all the way on the right so there will be a trash
pickup by you know the commercial company and they will come in pick it up uh i mean it's most
likely it's going to be twice a week but we'll see based on based on the use uh there'll be six
or nine yard containers there okay all right thank you other other questions from the board
what age range are the children
from infant to
to kindergarten
so five
five yes
after school programs at all
we're you know depending what happens
as we see once we get our licenses we might
have an after school program as well
thank you
Other questions from the board?
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands at this time, Chair.
Planning Commission.
Thank you, Chairman, and good afternoon.
David Fechter with the City Planning Commission.
Chair and board members, the comprehensive plan recommends no change
to the RSA-5 residential single-family zoning at this location.
The zoning in this section of South Kensington dates to 2016.
The appellant proposes to reuse a legally non-conforming building as a child care center.
While this proposal does not conform to the current zoning,
the comprehensive plan recommends reusing former industrial sites which have no industrial potential.
The City Planning Commission recommends that the board grant a proposed use variance for a child care center.
M.I. 2024-004-400, 1825-31 North 6th Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tannetta Graham, my vote is yes.
Iowan, my vote is yes.
Thank you.
Alan, could you stay on, please?
um mi 2024 004763
MI 2024 004 763 3412 North 19th Street Alan you are the attorney no RCO letter but there was a
meeting September 17th 2024 before Allegheny West Civic Association I feel like I do have a letter
let me see let me just uh let me go uh oh okay well why don't we just start and we'll see here
Let's see, share screen, let's see which one that is, 3412, okay, so I'm here to present,
first of all, Alan Nockmson, Nockmson PC, I'm here to present 3412 North 19th Street,
in the virtual audience should be its owner, Jason, Tina.
Our vice chair has a few questions for you.
Counselor, do you agree to waive the reason of the refusal or stipulate to its accuracy?
So I do actually object to the refusal, and I'll tell you why.
There is a previous use of this property by way of a zoning permit for garage use.
in the rear. And I have a timestamp of it that got off of Atlas. So I think the refusal is
incorrect because it does not reference the existing garage use in the rear. And I would
think, and I defer to Ms. Emerson, because this is an RSA3 property, because we're requesting
multi-family use of three units, we would have had a refusal for lack of off-street parking.
So I think they incorporated the garages, but didn't reference it, and that's why we didn't
get the refusal. But I'll divert to Ms. Emerson.
Counsel?
um if you if you'd like i can take this back to lni and see if they want to change that because
you are correct there you know it there should be a reference to accessory parking on here because
it is an rsa3 so um if you want i can take it back to to lni and just make sure all of that's
referenced on there because yeah i did see the information you provided about the garages being
recognized previously and we just need to hold it for two weeks because that's when we come back for
hearings next that's fine i'd rather do it right okay not a problem we can get that taken care of
thank you council care yep please proceed all right thank you all right so 3412 north 19th street
um we're going to review first notice refusal um this property has a long history of multi-family
use. You'll look at the previous zoning permit of four units plus a significant amount of garages
in the back. So we have no issue with off-street parking, in my opinion. And the use that we're
requesting of three units is less than what's been in the past. Plus the properties, my
understanding is that from the left and right, also are multifamily in nature. We made a presentation
to the Allegheny West Civic Association. They were in support of this matter. My understanding
unanimous support. I believe we have a letter. We'll take a look at that. We also did a petition
of nearby neighbors who also supported this matter. Then we'll look at the property history
again to confirm the garage use as well as the four units in the past. We're not disputing that
we have to go through this variance process in that the multifamily use was discontinued for a
period of time. We're trying to clean this property up, fix it up, actually lessen the use to three
units, which I think is more appropriate given the size of the building structure. Then it's
non-common to have multifamily use nearby for RSA5 properties. We have a list of properties
that are nearby. It was also advertised to my client as multifamily. So he detrimentally relied
on that. And we have the Redfin listing for the property. Then we'll review maps of the area,
photographs of the property in the surrounding area, our simple plans and drawings, our RCO
meeting notice, along with proof of mailing of that notice, our application for appeal,
the deed to the property, showing that Jason is the owner of the property. And then he's under
a tax payment plan. And we have like reference to that as well in our presentation materials.
Conclusion, my presentation, I would ask that Jason virtually raise his hand, be sworn in,
and then I'll have a few questions for him. And then obviously we'll take any questions for the
board and then we'll hold it under advisement until we clean some stuff up at L&I. Notice refusal,
Notice refusal. Again, RSA 3 property. It's for the use of an existing structure for multifamily household living, three units, where RSA 3 is not allowed. We should have a parking requirement. If it didn't reference the garages, we do have garages. We'll clean that up, hopefully, in the next two weeks.
again, RSA 3 property.
we have a letter of support from the allegheny west civic association uh it was unanimous support
and the explanation of the letter as well hillary do we have a copy of that
i think we just got it like in the past 24 hours so okay i if we just got it we may not have seen
it yet okay um if if alex just submitted it so but i will i will look and make sure we have a copy
while alex presenting okay yeah we'll we'll i mean we obviously every time we update our materials
we refile so but separately we'll send it uh to miss emerson so she has a copy at her disposal
So petition, again, well documented, well circulated petition in support of this use, which is actually a downgrade from the original four units to three units.
And then the history of the property. Again, if you look here at one point, this was four families with 12 garages in 1960.
Not uncommon to have multifamily either. 3414 North 19th Street, three units.
3408-10 North 19th Street, 11 units. The Redfin listing, you can see here, we got it offline,
but it said it was multifamily. Maps of the area, we don't dispute the fact this is an RSA5 property.
It's rather large in nature. It's 7,724 square feet, the lot size. So it's a rather large lot.
we're also near train tracks too which makes it difficult to accommodate that single family use