ZBA Hearing - July 16, 2025

in the north what is that west quadrant of the plan correct but what i what i don't and i don't

want to speak but what i'm saying here there's not going to be any retail higher sales this is

strictly for repair whether it's patching or whatnot even though the sign says tire sales

on the drawing well the drawing says what the drawing says but in terms of what the

variance that is being sought for it's not for tire sales it's for repairs

okay all right thank you and questions from our attorney hillary emerson

not at this time mr chair questions or comments from the virtual audience

do not see any hands Mr. chair planning commission

thank you chairman and good morning David Vecta with the city planning commission

chairman and board members the comprehensive plan recommends no change to the RSA5 residential

single family zoning at this location the city rezoned this neighborhood in 2014

14 in accord with recommendations in the comprehensive plan there is plenty of space

along the perimeter of the lot and within the interior to accommodate the required landscaping

and screening there are new numerous examples of auto sales businesses in the suburbs with

there are new numerous examples of auto sales businesses in the suburbs with exterior landscaping

exterior landscape

that still allow customers to see vehicles being displayed in the lot the appellant also has

approval for personal vehicles sales and rentals they have not shown that the use is not viable

without the proposed vehicle repair and maintenance the city planning commission recommends that the

board deny all proposed use and landscaping variances okay um council i'm going to wait

till next uh wednesday to vote on this i'm going to sit with the board and executive session and

figure out where we stand with this okay very well all right thank you council thank you board members

number 11 mi 2025 000 630 39 67 87 ford road daniel loza is the attorney

we have all the documents

we're going back in as a panelist now mr chair thank you

now you hear me good morning counsel yes i can could you please state your name

and spell it for the stenographer daniel gustavo losa i'm the attorney for the applicant

okay um do you swear or affirm to tell the truth the whole truth nothing but the truth

yeah you don't know could you identify your client a relationship to this property

okay my client is here with me let me uh him on the screen okay could you identify

he's the thing of the property the name of the client is she had weather and he has a company

name tent halal food nlc great have you seen all your documents in within five days prior

yes i'm sorry chair this is the reporter i did not hear the response of the name of the

client or the company could you please repeat that okay thank you could you identify your client

again yes how you say your name yeti yeti with that without spell it please y-e-h-d-h-a-h

last name w-e-d-a-d all right sir while you're there i'm gonna do you swear or

firm to tell the truth, the whole truth, nothing but the truth.

Do you swear to say the truth?

Yes.

Okay.

Counsel, have you sent all your exhibits in within five days?

I think we sent most of the stuff last week, yes.

Okay.

Please proceed to start your presentation.

Okay.

So,

Mr. We did apply for a zoning change

um why don't you share your screen do you have your computer loaded

let me i know the computer savvy i want to try to do my best how are you going to make

your presentation give me one second

you need a computer to make the presentation right i have it here just i know that go with

the computer. Give me one second. I'm trying to find out. I was looking that when people

were talking. I'm trying to find out the way to share this.

Well, you're going to have to put your documents up, right? On the computer, right?

Yeah, I have the documents on my computer. Okay, here, share.

um the share screen right

so so why not why why don't i do this i'm gonna i have one other case i'm gonna go to the other

case i'll come back to you when we come back okay give me a couple of yeah that's perfect

okay so in about 10 to 15 minutes i'm going to be back thank you thank you thank you

10 to 15 minutes are going to be back thank you thank you thank you all right number 12

mi2025 zero zero six seven three 60 11 to 13 market street tamika mccoy is the attorney

there's a letter of support from achievability rco 13 and support one in opposition

the applicant also has 62 signatures six from the block

Tameka McCoy is coming back

in as a panelist

Good morning, Tameka McCoy

Could you please state your name and spell for this

Sure, Tameka McCoy

T-A-M-I-K-A, last name

M-C-K-O-Y

Do you swear or affirm to tell the truth

the whole truth and nothing but the truth?

Yes.

Could you identify your client,

the relationship to the property?

I represent Jerry Carr,

who owns Home Healthcare Plus,

who is the owner of the property

at 6011-13 Market Street.

And all of your exhibits

have been in within prior five days.

Am I correct?

That's correct.

Share your screen

and start your presentation, please.

Sure.

So I heard some of the discussion with the board with regard to the RCO, meaning that

I have an achievability RCO, the vote was 13, and support won in opposition.

That is correct.

Separately and apart, the RCO recommended that home health care do a survey of affected

communities.

A survey was done, and it looks as if there were 62 signatures of affected neighbors that

were also in support of the project. And these are the signatures of those affected neighbors

for this particular project. This location is at 6011 Market Street. This would be looking

directly across the street from the actual property. This is a frontal view of the property

itself. It's currently zoned CMX 2, and the required use on the first floor only is to allow

for use as an assembly facility, which requires special exception. Inside of the facility, there

are photographs here that depicts a kitchenette, small bathroom, and this is the open floor plan

of the interior of the building. It was acquired back in 2015 and has always operated

for its intended use as a gathering space for the community. They have essentially a men's rally,

a unity in the community event scheduled for August 16th. They allow for people in the

community to utilize the space, to have repasses, to gather, have family gatherings. On Sundays,

there is a religious organization that uses it to congregate for worship. The location

is one where there is metered parking outside of the actual building along the Market Street

corridor. It is a commercial corridor. It is my understanding on a second floor,

there is a home healthcare business that has been operating. This is just to allow for that

first floor location to have the opportunity to be used as an assembly location. The notice

This is properly affixed to the front window of the structure, and the floor plan, and

I'm just going to turn this so that it's easier to see.

this would essentially be the market street corridor the front entrance there's separate

entrances for the second floor unit but the main first floor entrance has an open floor plan

there is a handicap accessible restroom here there are also two additional restrooms that are

nearby. This is a half counter wall and the kitchenette is in the back along with a storage

along with a storage area and an exit point in the rear of the structure.

area and an exit point in the room.

There is no construction that would be contemplated.

And as I indicated, this was a routine L&I inspection that was done,

and it was realized that the zoning need to be legalized for the actual use,

And the community actually supports the current intended use by virtue of overwhelming support during the RCO meeting and from the affected neighbors who signed the petition in support of the program.

It's my understanding that the trash plan essentially is that for special events, there would be a hired company that would come and remove whatever excess waste.

And so there would be little to no impact to neighboring properties.

And with that, I would like to have Jerry Carr

enter the meeting without the testimony.

Jerry Carr is coming in as a panelist.

Thank you.

As he comes in, I'm going to bring up the deed

that shows home health care as the intended owner.

In addition, we were able to also include

that there is no taxes owed on the property.

Mr. Carr?

do we see mr car yes chair mr car could you please unmute and turn on your camera

thank you okay cool smart video good morning mr car hello hi mr car could you please state

your name and spell for the stenographer. Jerry Carr, J-E-R-R-Y, Carr, C-A-R-R. Right. Do you

swear or affirm to tell the truth, the whole truth, nothing but the truth? Yes. Please proceed,

counsel. Sure. Mr. Carr, you are the owner of Home Healthcare Plus that owns the building

located at 6011 S13 Market Street. Is that correct? Yes. And the testimony and information

provided to the board today you were able to hear um that information that was provided yes

was it accurate in the way that it was presented yes i would submit on that all right questions

from the board um i'll just say that i've been there to a number of uh events that have taken

place and the politicians and fundraisers and things like that i always thought it was a

nice space so that's all i can add to it there's a little advertisement for you how about that

other questions from the board

questions or comments from our attorney not at this time mr chair what are your questions is

this first floor only if that's where they would like to uh limit the use then i would suggest

the proviso because otherwise it's it doesn't specify on the refusal questions or comments from

the virtual audience you're not seeing any hands raised mr chair planning commission

thank you chairman and good morning david effecto with the city planning commission

chairman and board members the comprehensive plan recommends a change in zoning at this location

from cmx2 to cmx3 commercial mixed use under the proposed zoning event assembly facilities

would still be allowed with a special exception.

The appellant has shown that the proposed event assembly facility

will have no detrimental impacts beyond what might be expected.

The City Planning Commission recommends that the board grant a proposed special exception

for an event assembly facility.

Thank you.

MI 2025-000673-6011-13 Market Street.

I vote yes.

proviso first floor only michael johns my vote is yes with proviso

cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso

ryan mcadams my vote is yes with proviso tyo win my vote is yes with proviso thank you council

thank you all right number 11 39 67 to 87 ford road daniel loza is the attorney

39 67 to 87 ford road daniel loza is the attorney

yeah your honor good morning could you please turn your computer on

and state your name again just for the record my name is daniel loza i'm the attorney for the

applicant. Okay. So I have one of my assistants here. He

gonna share the computer with us.

All right, let's share. Okay.

Give me one second, please.

yeah

yeah council how are we doing with this he's trying to connect but can we do

one more and then we come back to us what do you say can you do the next the next person

and then that was the last case okay so you're you're you're the only case left okay just give

me one second we try to connect sir do you see the share screen button on your computer and have

tried to click that to share your dog i see but i what i don't see is my desktop on on

the little window i have an i have an apple computer okay i'm requesting to do you see

alberto perez with there is that your assistant yes okay bring mr present one

Yes, Mr. Perez will be coming back

shortly. Thank you.

You know, obviously

Mr. Perez will testify. We'll just let him

use the computer and you'll direct him as he

uses the computer, okay?

All right, yes.

So you're going to share the

Yes, I'm

getting all of the files.

I will share the

okay your document should be coming up yes uh forgive me i i have it all in the emails

uh i said i did not have it all in downloaded

he's good with computers i'm not

okay so this is a sit-down take-out restaurant in a shopping center that's correct there is a

there is a street mall shopping center yep and he has it he leaves the corner property

and

we get the notice

I don't know if you can see my

no no no we

we need to see your computer

okay okay

you can't hold papers up to that

okay