Okay, moving on.
I believe we're on number five as of now. Okay. Number five, MI-2023-006516401 East
Roosevelt Boulevard. Johali Arias is the tenant applicant. This property is for use as a child
care center, I guess on the first and second floor, and assembly and entertainment in the
basement in an existing structure. Two refusals, child care center and assembly and entertainment
uses are prohibited in the RSA 5 zoning district. Multiple principal uses are prohibited in the RSA
five zoning district there is a letter of support from the new 42nd ward rco with the proviso
limiting their support to the child care center use only uh also a letter of non-opposition from
council member lizado okay um once again uh like council noted uh uh lebaron leonard palmer from
development services will be serving as an alternate and voting uh in this case uh at this
time could the uh property owner uh introduce themselves and and uh tell me about the property
good evening my name is joharly areas j-o-h-a-l-y last name a-r-i-a-s
Okay, great, Ms. Arias. I'm going to swear you in. Do you agree to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Okay, at this time, Board Member Tom Holliman is going to ask you a few questions.
Good evening, Madam.
Good evening, I am.
Did you email all of the exhibits and documents as required five days in advance to this hearing?
yes um my director she's on on there and yes she sent everything over
thank you please proceed and share your screen okay are you able to um uh have my director join
in too because i'm in dominican republic and i'm on a zoom call but uh she's the one who
has all the information are you able to see it what is what is her name she she she's able
to share the documents, but you will, I assume can see the screen and you will be the one to
testify. Yes, her name is Ayesha Lee. Ayesha Lee is coming back in as a panelist now.
Thank you. Ms. Lee, are you on? Yes. Good, good. If you could, please state your name and spell
your name for the court reporter? Ayesha Lee, A-Y-E-S-H-A, last name L-E-E. All right. I'm
going to swear you in. Do you agree to tell the truth, the whole truth, and nothing but the truth?
Yes. Okay, great. Share your screen, please. Gotcha. Okay.
Okay, thank you.
And the owner of the property can start when you'd like.
Okay, thank you.
Yeah, please proceed.
So I'm trying to get a zone. It's a side building next to a church, also next to an elementary school.
I'm trying to get a zone for child care and for the first floor zone for school.
It used to be a school, a Muslim school, all girls. But somehow they changed the zoning into residential.
We don't know how it happened or what happened on behalf of that.
or what happened on behalf of that. So when I rented out the location at the moment, I, you
So when I rented out the location
know, we thought it was zoned for a Muslim school because we knew it was a Muslim school. And when
we went into more deep information into the city, we found out it was residential. So it was,
that's why we weren't able to get zoned for a child school or for a school. So as you can see
in the picture the first floor um actually the rooms are empty because that's what i would like
to put the school in um the second floor uh child care and after school as as in uh the time from
6 a.m to 7 p.m when kids uh when um kids leave at three from school they'll go upstairs for after
school which is the older kids and i was trying to do a hall in the basement which for hall events
for meetings, activity for the kids, like a boys and girls club for older kids for Fridays
and Saturday, for them to have the weekends activities from 6 p.m. to 11 p.m. with permission
with the parents, you know, trying to have kids and teenager out the street. That's something
free from my behalf that I was doing activity on the weekends. So it's one building with all
those activities that um or zones that i was trying to get into that one building okay and
yeah and and you did get a letter of support from uh the rco right yes i got a letter and um from
the community from the churches around me from the school and parking we have space for more than
i think 50 okay all right well uh anything else to say about the property no it um what i really
wanted to say is that um i rented it out already the reason if you look at the pictures if she goes
one by one isha can you show them the the image one by one it's set up because um i have a day
current I'm a daycare owner on Adams and Tabor and I had um stuffed storage so I was already
rented I was like let me decorate it is even though I wasn't know I didn't know if I was
gonna get zoned or not but at least I got it ready and set up so y'all could see the vision
or what I'm bringing to the community uh for parents that have a long distance child care
there's no child care like maybe around that area like maybe 10 or minutes away which is my
daycare is 10 minutes away from there and um school i used like i said it was the muslim school
was the middle muslim school and i'm trying to make it as a school again a district for the
second floor but not muslim it's just open you know for all ages excuse me can you click on the
pictures i said can you click on the pictures so he could see one by one they could see please
I'm sorry I am you can't see you I am going through are they not big no they're not being
seen oh I don't I am wanted well we can see we can see them but they're very small I guess you
gotta with your fingers you know open them up I know I'm gonna stop and then I'm gonna put it back
one give me one second okay so while she's doing that I did put a poster up like I had on my
district to community i um i i we send out more than 190 letters uh to the community and um we
have also letters uh for everybody agrees you know that um is a good opportunity for the neighbor and
for parents and for kids and trying to keep these kids from you know a little bit safe and stuff
like that in a distance or um oh you can see the pictures there so yeah we see the pictures yeah
this is good um but i don't know how they put it back into a res i don't know how i i don't know
why big property so you see the parking lot can you can you slow down the parking lot so they
can see it oh that's the parking lot you see how big it is there's another picture you see
that's the space so it's the space for parking so where they pick up the children children come
map yep and then through the steps they could go through it from the back and that's the door for
them to enter we have uh one two three four four exit two floor basement yes okay so that's the
activity room i had it set up and then you're gonna see the game room where you're gonna see
a pool table for the kids movie area gym area uh relaxed area library area see that's for the older
kids all right any any questions uh from the board tom no thank you lebaron no questions
okay uh council hillary emerson any questions or comments um i just i did want to clarify um miss arias
I just, I did want to clarify, Ms. Arias, you said that you wanted to, you had a child care facility on one floor, the entertainment or the gathering space in the basement.
And you said you wanted a school on another floor because that's not what's in your proposal.
Can you clarify what you mean?
Yeah, I did put a school on the second floor, but they have it as in, Aisha, what did she write?
she wrote the ages she wrote the ages from uh teen which is for it's a middle school in the
second floor uh because there's no school around okay so is it is it an after school or is it an
actual like you're proposing a school like regular hours regular hours the school from 8am to 3pm
yes okay all right so so yeah so then the refusal is it's incorrect because that would not be a
child care center you should have educational facilities um listed as the use um so if if
that's what's being requested i think we need to get a corrected refusal um and that's something
that i can assist you with before um the board makes the decision on this matter we can continue
with the hearing today you're testifying as to what um you you want at the space but we just have
to have a refusal that accurately reflects what you're asking for before we can okay okay i
understand so yeah so the first the second floor the child care and then the the first floor the
school yes and then the event um downstairs basement and when you say school i mean what
what grades or what would the age group be there the age the age group is is from six to eight uh
Sixth to eighth grade. An actual school. Okay. Yeah.
Well, what do we, what do we do here, Hillary?
Well, we, I think we can finish up and take public testimony,
planning conditions, but we'll just need to hold it for a corrected or revised
refusal to reflect what's being asked. And then we can make a decision.
Okay. Okay. Yeah. Thank you. I was wondering if it could go back to, you know,
know the school used to be but it was a muslim school for our girls gotcha all right any questions
from the uh virtual audience any comments i see no heads at this time mr snell okay thank you uh
planning commission ron it's run bednar city planning the property while it is indicated
for residential on the city plan given the physical conditions of the site we recommend
the request of variance be granted okay and uh you know based on uh council's recommendation
we're going to hold this right hillary and uh i guess get further information yes we will we
will hold this the record will be closed except for um an updated refusal thank you okay thank
All right, so let me just, that's number five.
So MI-2023-006516, 401 East Roosevelt Boulevard.
We're going to hold this and, you know, we'll circle back on this with more information.
Thank you.
Have a good evening, guys.
Great.
Take care.
You too, bye.
All right.
I think Lucky Seven, our last our last case.
OK, MI-2022-0043864067 North Reese Street.
David Chandler.
And I'm not even going to make an attempt to say that I'll probably mispronounce the name.
Is this the owner or the attorney for the owner?
Is David the attorney?
Yes, I believe so, Mr. Snell.
I did just, is he, he's coming back in now as a panelist.
And once again, for the record.
Mr. Chandler's coming back in as a panelist.
Hold on for one second, Mr. Chandler.
Just for the record, the Baron Leonard Palmer from Development Services will be serving as an alternate on this case and voting.
OK, Mr. Chandler, are you are you on the line?
We cannot hear you. You're muted.
There you go. Yes. OK. OK, there you go.
All right. If you could identify yourself, your client and your.
All right. If you could identify yourself, your client and your client's relationship to the property, please.
OK, my name is David Chandler, C-H-A-N-D-L-E-R.
Co-counsel is Helen Beck, B-A-I-K.
And my client is Franklin Munoz.
That's Franklin as in Ben, first name Munoz, M-U-N-O-Z.
OK, great. Thank you. I'm going to swear you in.
Do you agree to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
All right.
Thank you.
At this time, I'm going to turn you over to board member Tom Holloman.
He's got a few questions for you.
Good evening, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Yes, I do.
Did you email all the exhibits and documents as required five days in advance to this hearing?
I emailed most of them on the 23rd.
We got an email from Ms. Emerson last evening.
And so I emailed additional documents today regarding the ownership of the property.
The only thing is the tax clearance certificate.
My client is in the process of purchasing the property, so he'll need to apply for a tax clearance certificate.
Thank you. Please proceed and share your screen.
Yes, sorry, this is Hillary. I just wanted to jump in and clarify who your client is, because there was an agreement of sale provided and a deed, so I wasn't sure. And you said the agreement of sale is with an LLC. Is that who Mr. Munez, I believe you said his name was, is associated with?
Yes, he's the owner. It's 4067 North Reese Property Incorporated. He is the sole owner.
okay thank you proceed please
There we go.
See something now.
Let's see.
Let's see.
Lakeisha?
could you uh lend your expertise here
i think we're having a little trouble pulling up uh the screen the exhibits um now do you
how we doing Mr. Chandler I'm trying to get the it's done it's um
yes look like he's trying to pull up his exhibits now
Thank you.
Mr. Chandler, it might help if you unshared
and then pulled up what you needed and then shared again.
Right.
i'm sorry it's all right
Thank you.
where your documents are on your computer like is it in word yes it's in the uh the main screen
oh here we go i'm sorry for the delight uh this is the uh our um and you just have to
click that green share button again oh sure okay
and then click on that document that you have open that you would like to share
right okay can you see it uh can you see the exhibits no no share screen share screen yeah
that one okay then you click okay can you see it you got something going on there we go okay
Yeah, this is our cover letter. And the Exhibit A1, this is the property description, owned by the former owner, Jose Torres.
on january 24th he signed an agreement of sale with our clients and corporation so that's still
ongoing right now um this is more of the property description this is the letter of support from
esperanza housing economic development actually this was uh even though it was
date of June 6, 2023. The actual hearing was held. Excuse me, Mr. Chandler. I'm sorry.
Yes. Could you please maximize your screen so we can be able to view the documents?
Oh, sure. Okay. How's that? Wonderful. Thank you very much. Perfect. Thank you.
okay uh this was originally helped i was um was in the uh was being litigated by another attorney
who since left and the rco meeting was held on december 12 2022 uh and it was a letter of uh no
no objection to the uh no opposition to this project uh we also received a letter from
uh council person's lozado's office and the council person also had a letter of no no opposition