um i think to be consistent
I think to be consistent with what we've been doing today, Mr. Chair, that we should just take Mr. Sokolov's testimony.
I think, you know, you're also the court. We'll gladly take your testimony. Okay.
Thank you. Thank you.
Questions from the board?
No, Chair.
No questions, Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I do not see any hands, Mr. Chair.
Mr. Sokoloff, is this a request for both properties?
It is, yes.
Questions or comments from the Planning Commission?
I'm sorry, I'm sorry.
May I just add one thing, Chair?
Pardon me?
May I just add one thing that I forgot to mention?
Sure. We would also propose that this be granted on a temporary basis as a proviso for three years.
Planning Commission.
Thank you, Chair Bergman, and good morning.
David Fecto with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change to the residential multifamily zoning at this location.
There is no unique physical condition or circumstance of this property that would prevent it from being used in conformance with the zoning code.
The City Planning Commission recommends the board deny the proposed use variants for visitor accommodations.
Thank you.
MI 2023, 005-759-815 North 16th Street, I vote yes with proviso.
Temporary variants to expire 3627.
Ishmael Shaheed, my vote is yes with proviso.
lavera leonard palmer my vote is yes for proviso thank you counsel thank you and just just to
finish off miss emerson i will email that letter uh excuse me that email i received just just for
your records and i will also um to be fully buttoned up i will check back in with the rco
to to obtain the actual formal letter and forward that to you as well all right thank you so much i
appreciate it thank you all have a great day all right thank you so number 11 mi 2023 001 700
1223 belmont avenue tamika mccoy is the attorney there's a letter of support from centennial
parkside rco and council member gathier has written a letter
Our office supports the requested variants at 1223 Belmont.
Our understanding is that the block was remapped away from commercial, not because it wasn't believed to be an appropriate use, but because of the lack of market interest at the time.
We are pleased to see more commercial back to Belmont Avenue, as is the community, so we support the variants.
High Counsel, could you please state your name and spell for the court sonographer?
You're muted.
Thank you.
Could you please state your name and spell for the court stenographer?
Thank you.
Good morning to the panelists.
Tamika McCoy, MC, capital K-O-Y.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, their relationship to this property?
I represent B&T Properties, who own this property.
On the webinar is also Ms. Mallory, who is the principal for the Pink Cafe, who is the occupant for 1223 Belmont Avenue.
And you represent both?
So, in this instance, yes.
So, our vice chair has a few questions for you.
Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to his
accuracy? Yes. Have you emailed in all the required documents and exhibits that is needed
to proceed with this case five days in advance of this hearing? Yes. Thank you. Please proceed
and share your screen.
Thank you. This is the application for 1818. I'm sorry.
You just bear one moment. You get the right one.
Here we are.
Okay, my apologies. So this is the application for the property located at 1223 Belmont Avenue.
Okay, my apologies.
The intended use is as a sit-down restaurant. It is on a commercial corridor. I have
with me previously submitted. And at this time, it shows that the requested zoning will not
increase any congestion in the area, nor will it endanger any of the public or cause any harm to
the use of the properties of any of the adjoining neighbors. There is no environmental damage that
that would be affected. The anticipated use is a sit-down restaurant. It occupies the first floor
of the premises. There is also four residential multifamily units above. None of that would have
to be impeded or altered in any way. There would be no obstruction to traffic or obstruction to
light or air neighbors nor would it impact any of the neighbors use of their uh property
attached with this petition we have the actual application
we have a copy of the deed together with the tax certification
we've also closed the certificate of tax clearance which again is previously
submitted to the board. There were notifications sent to 51 area residents who were all contacted
in mail. Those are proof of the address. There was a RCO meeting held on February 1st. The RCO
is represented by the Centennial Parkside Community Development Corporation. There was overwhelming
support for this project. In fact, the project essentially is a sit-down healthy option
restaurant where they are providing juice bars, salads, and light sandwiches to area residents.
There are no other restaurants that exist in the current corridor. And so that's why there's
such overwhelming support for the pink cafe uh this is a copy of the refusal i think important
to note is that the use of this premises previously had a variance for a sit-down restaurant and bar
um the problem the property essentially sat vacant for a substantial period of time
and so it reverted back to what the original use was um attached here is also photographs
of the structure. Again, there will be no impediment to any of the apartment units that
sits above, no impediments to any of the neighbors. There's ample parking. This is the right side of
the pink cafe. It actually sits so that you can see the left side. This is a street that looks
up Belmont Avenue. The next stoplight would be Girard Avenue. Again, it's a major commercial
corridor across the street directly. There is a repair shop for auto repair and body work
directly across. There's ample parking on Parkside Avenue. This looks down Parkside Avenue
westward toward Fairmont Park. There's actually a school a few doors down where children
can actually come and get smoothies and fruit juices. There was a posting of the zoning notice
affixed on the door as is required. We also have here the existing plan and structure. As I said,
there would be no economical hardship to anyone in using this premises as a sit-down dining
restaurant. The capacity is expected to be I believe it's 45 that is the capacity for the
premises. Attached here is the RCO letter that expressed support for the project and actually
is looking forward to welcoming them to the community. This is signed by Ms. Gomez, who is
the representative that submitted this letter.
At this time, I would like to present Ms. Mallory so that she could adopt the information that had been submitted.
At this time, I would like to present Ms. Mallory.
Ms. Mallory has been allowed to speak.
Hi, Ms. Mallory, could you please state your name and spell for the court stenographer?
Sure. My name is Leslie Mallory, L-E-S-L-I-E-M-A-L-L-O-R-Y.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you. Good morning, Ms. Mallory. How are you today?
I'm well.
Did you hear the testimony that had been submitted in support of the application for 1223 Belmont Avenue?
And would you adopt the testimony as if it was given by yourself?
and um you attended the rco hearing um can you tell me some of the takeaways from the area
residents when you approach them about your plan to establish the uh pink cafe
um they were very excited and um they said they don't have any restaurants any sit-in restaurants
in the area and within walking distance that they can get to and um they think it would be good for
THEIR COMMUNITY AS WELL AS THE SCHOOLS IN THE AREA AND THE RESIDENTS OF THE AREA IS THERE ANYTHING
ELSE THAT YOU WOULD LIKE TO ADD FOR THE BOARD TO KNOW OR NO SOME OF THE NOPE THAT WAS IT OKAY I
WOULD SUBMIT ON THAT ALL RIGHT THANK YOU QUESTIONS FROM THE BOARD NO QUESTIONS CHAIR
QUESTIONS OR COMMENTS FROM THE VERT FROM OUR ATTORNEY HILLARY EMERSON
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Chair Bergman, and good morning.
David Fecto with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change
for the residential multifamily zoning at this location.
This property was rezoned in 2019 in a community requested map change.
This property has a documented history as a ground floor commercial use
with dwelling units above the city planning commission recommends the board grant their
proposed use variants for a sit-down restaurant thank you mi 2023 001 700 1223 belmont avenue i
vote yes ishmael shaheed my vote is yes lebaron leonard palmer my vote is yes
thank you counsel you have your votes thank you very much have a wonderful day all right okay
All right. Number 12, MI-2022-004-443-3445 Thiem Street. Darlene Threat is the attorney.
I believe we have letters, am I correct, Hillary, from the RCO and the local council person? Am I right?
Yes, Mr. Chair. We do have a letter of opposition from Impact CDC. We also have a letter of opposition from Councilmember Lozada. And I believe Ms. Threat will present that they do have a letter of support as well as a petition.
Thank you.
Good morning, Council. Could you please state your name and spell for the court stenographer?
Could you unmute first?
Thank you.
Good morning, Commissioner.
Darlene Threat on behalf of the applicants.
Just for the record, could you spell your name, please?
Darlene, D-A-R-L-E-N-E, Freight, T as in Thomas, H-R-E-A-T-T.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you identify your client in relationship to the property?
My client is Ms. Zuni Donato, and I do believe she's on the line today.
Okay. Our vice chair has a few questions.
Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Yes, I do.
Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?
Thank you. Please proceed and share your screen.
Good morning, Commissioners. I'm Darlene Threatt, and I'm representing Zuni Donato for 3445 Kimes Street.
Commissioners, a package of exhibits were submitted, which I rearranged, and I have a listing of the exhibits here today.
First, we have the permit application, refusal, the appeal, the PIF, the deed, the tax information, plans, pictures, community letter.
PIF, the deed, the tax information, plans, pictures, community letter of non-support,
letter of support. And commissioners, I had a petition circulated with all the neighbors on
the block of Kimes Street. I believe I have 16 signatures in support, both neighbors on either
side of the property. Commissioners, we filed a use application permit to legalize.
I'm sorry.
Yes, we can't.
Yeah, the documents aren't sharing.
Thank you.
Oh, I'm sorry.
That's okay.
Let me go back.
Here it comes.
okay sorry about that uh so i did submit a package and i believe i outlined what was in my package
uh commissioners we applied we had a use application permit to legalize this existing
two-family dwelling on 3445 carm street uh we received a refusal uh the refusal is because the
two-family dwelling is not permitted in the RSA-5 zoning district.
There was also an application of appeal filed.
We presented a copy of the current deed.
And I'm going to jump to the plans here, commissioners.
I'm going to reduce them a little bit so we could see the whole plan here in the screen.
Can you see the screens, Commissioner?
Can you see the plan?
Great.
I'll just move this for a little bit.
Here we go.
Commissioner, here's the site plan of the entire dwelling.
We propose to use it as a two-family dwelling, and here's a layout of the entire premises.
We don't plan to use the basement for anything.
The basement actually just had utilities in there, and you can see here are the two hot water tanks that are located below.
On the first floor plan, we have a one-bedroom apartment.
Here's the one-bedroom.
We have this other area here.
We have the bathroom, and we have what we have labeled the family area.