alright we have that sir
move that one on
so what we need
is the photos of
the shopping center
we need the plans on what you're going to do
in the individual restaurant
the pictures
the corner property is the
subject property
which one is yours the one with the yellow
yes the one with the
going to go there it's not in an existing restaurant now no now it's closed but before
there were other commercial usage on the property
are you make sure you're speaking into the mic sir yes there is no a current uh restaurant we
are applying to how the restaurant put there so and what else is in that shopping center
you so and what else is in that shopping center you have a pizza place next door right
You have a pizza place.
and then you have a holly steak place next door yeah yeah and a chinese restaurant right
all right so then could you show us a drawing of what the inside is going to look like
yes that's the that's the floor plan
here it is okay
you have the tables right the access to the property right here is the bathroom
where's the bathroom storage area
the food prep area right
and this has been a restaurant in the past
yes there's a gene before listen to me listen to me listen to me
yes listen one minute do you have a venting system for the place
excuse me can you repeat the question
um is the restaurant vented over the uh cooking areas or event going outside
yes okay
and what are the hours of a place the hours of the place is night night to 10
9 a.m to 10 p.m seven days a week seven days a week yes could you bring your client on yes
can you see him sir you've already been sworn in um council could you have him
adopt your testimony yes sir
council
what i told to the board that's the truth yes
you agree with everything he said and that would be your testimony i correct
yes yes questions from the board
questions or comments from our attorney hillary emerson i just want to get the clarification
because i understand there was discussion about the use being limited to a specific
unit at this location, and I understood from the lease that it was 3967, but then looking at the
community benefits agreement that was submitted with the RCO's meeting summary form, it indicates
that it's unit D so what what is where it like what is what's the best way to
if this is approved designate which unit the use would occur
council do you have a lease there that you did yes i do have a lease of agreement here with me
right and so what i i know but what does the lease say the location is let me see
can i ask you a favor can i have um alberto yes may alberto answer the question
what's that may alberto press answer who's alberto my assistant no no he cannot testify
on behalf of your client he's not an attorney
either you or your client need to answer the question
so the last 67 to 85 will be identified with unit d as in david d okay okay thank you very much
and mr i just want to note for the record that there that there is a community benefits agreement
that references the hours of operation
and also discusses having twice-weekly commercial trash pickup.
So I just want to note that that is something that the parties have agreed to.
Questions or comments from the virtual audience?
oh that's mr chair thank you planning commission
I'll answer, Mr. Chair.
Thank you.
Planning Commission.
thank you chairman and good morning david fechto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rm1 residential
multi-family zoning at this location the city rezoned part of this neighborhood in 2015
however this block face was not included the proposed sit-down restaurant is what a reasonable
person would expect to find in a shopping center which exists as a legally non-conforming use on
this property the city planning commission recommends the board grant a proposed use
variance for a sit-down restaurant all right thank you um mi2025 000630 3967 to 87 fort road
I vote yes, with proviso.
Unit D, commercial trash pickup,
hours 9A to 10B every day.
Michael Johns, my vote is yes, with proviso.
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Ryan McAdams, my vote is yes, with proviso.
Ty Owen, my vote is yes, with proviso.
Thank you, counsel.
Thank you so much.
All right, thank you.
Is there anyone in the audience who their 9.30 a.m. case has not been called?
I do not see any hands raised, Mr. Chair.
See everybody at 2 p.m.
Thank you.
Good afternoon, everyone.
My name is Bill Bergman.
I will be chairing this afternoon's meeting.
With me is our board member, Cheryl Algaston.
Present, Mr. Chairman.
Board member, Tanetta Graham.
Present, Mr. Chairman.
Board member, Michael Johns.
If he's not there, he'll be there shortly.
Board Member Taya Nguyen. Present, Mr. Chairman. And our Board Member Ryan McAdams.
Present, Mr. Chairman. Also present is our Attorney Hillary Emerson and our Board Administrator
Lakeisha Dandy. A recording of the hearing will be posted on the ZBA website. By participating,
you consent to be recorded. This is an in-person meeting with remote capabilities. Whether remote
or in person, if you're called to speak, you must state and spell your name, then wait to be sworn
in once you've been sworn in please state your name each time before beginning your testimony
any person may enter an appearance here are the three ways you can identify the case property
address on your zoom webinar registration you can see a staff member or you can call the zba
appearance line at the close of business tomorrow call 267-270-5548 leave a message that includes
your email address and the address of the property of the appeal. Following guidance is for our
remote attendees. When directed, you must raise your virtual hand in order to be recognized to
speak. Second, if you're called to testify, you'll be prompted to join as a panelist.
Please accept the request and turn on your camera. Third, the webinar Q&A is for questions about the
hearing. Do not comment on cases on the Q&A. And fourth, if you're participant by phone,
press star 9 to raise your hand and star 6 to unmute. For an in-person attendees, please refrain
from talking, eating, drinking during the hearings. Verbal and physical aggression will not be
tolerated. Restrooms are across from the elevators. A water fountain is just outside the room to the
right. When speaking on the record, you must speak directly into the microphone in order to be heard
by all attendees and the court reporter. In the event of emergency, please follow the directions
given over the public address system.
The main exit is through the double doors at the rear.
The nearest stairwell is to the left outside the doors.
In case of an evacuation, the rally point is at Love Park,
directly across Art Street.
Please remain there so we can account for you.
So let's look at our schedule for this afternoon.
Number five, MI-2025-001-280, 1629 South 10th Street, cases continue, attorney moving party.
Number six, MI-2025-001-283, 3338 North Reece Street.
We have a request from the RCO for a continuance.
We have no exhibits.
The listed applicant is Shayla Torres.
Do we see any hands?
Good afternoon, Chair.
I do not see any hands.
Thank you.
So MI-2025-001-283-3338 North Free Street, cases continue to 12-17-25, Mark must be heard.
Number 14, MI-2025-001884, 1342 South 22nd Street.
Number 14.
This case is continued to 121725.
Are there any other requests for continuances?
i do not see any hands mr chair so number 13 mi 2025 001 469 1800 solace street
um marcella mitchell is the listed applicant there are no exhibits this is the first listing
here i do not see any hands so mi2025 001 469 1800 solid street cases continue to 12 17 25
at 2 p.m and mark must be hurt
we're going to go to our add-ons mi 2025 001 268 222 market street
that case has been rescheduled to july 23rd at 2 p.m
number two mi 2024 001 897 2614 pine street i vote yes
cheryl gaston my vote is yes tennetta graham my vote is yes
i am mcadams my vote is yes my vote is yes
number three mi2025 000475 5017 woodland avenue a request for consideration i vote yes
for reconsideration and a re-hearing.
Cheryl Gaston, my vote is yes
to reconsideration and re-hearing.
Tanetta Graham, my vote is yes
to reconsideration and re-hearing.
Ryan McAdams, my vote is yes
to reconsideration and re-hearing.
Ty Nguyen, my vote is yes
to reconsideration and re-hearing.
Thank you.
We're going to go to our regular list.
Number one, MI 2024, 005385,
116 South 11th Street.
Andrea Solomon is the attorney.
hi good counsel good afternoon please state your name and spell for the stenographer
andrea solomon claire harrison harvey bransburg on behalf of the applicant top tomato that's
a-n-d-r-e-a-s-a-l-o-m-o-n do you swear or affirm to tell the truth the whole truth and nothing
but the truth? I do. Have all your exhibits been in five days prior? They have. Could you share
your screen and start your presentation? Should note that Washington Square West has voted in
non-opposition. There's a letter of non-opposition also from Council Member Squilla.
okay here we go good afternoon um this is a property at 116 south 11th street a top tomato
bar and grill the property is zoned cmx5 and we're requesting a special exception
in order to construct the addition of a roof deck accessory to the existing restaurant
as chairman bergman stated we received a letter of non-opposition from washington square west
and the applicant is in close communication and has also received the support of the
adjacent neighbor directly to the north of the property
uh these are the existing conditions of the property some exterior images
the roof deck will be above the second story
sorry there's a little bit of a lag here
this is the interior of the of the property the top tomato has made significant investments in
and they're really just adding additional space to provide outdoor dining
posting photos
posting photos I'll get to the zoning plans
so uh the roof deck is has a 42 inch high railing set back from the street the HVAC
mechanicals are uh to the north of the property and really buffering from the adjacent property
to the north the adjacent property uh in this direction is currently vacant
and with me here today is chris dixon the owner of top tomato he's here and can answer any
questions i'll have him adopt my testimony and um with us also is raymond rolla the project architect
but that can answer any questions about the design this is a rendering of what the roof
deck will look like to access structures fairly straightforward accessory roof deck for the
restaurant so with that I'd like to request any really any other relief necessary and this is a
special exception but this is a special exception that's correct and i'll ask chris to come up so
he can adopt my testimony you can push the button yep yeah why could you please state your name
and spell for the stenographer chris dixon chrs d-i-c-k-s-o-n you swear or affirm to tell the
truth the whole truth nothing but the truth yes counsel chris can you just state for the
record your relationship to top tomato uh i'm one of the owners of the bar and uh you saw my
presentation in its entirety yes and uh it was true and accurate to the best of your knowledge
absolutely thanks okay um and so what i will do is we'll open up the board and then if we need the
architect we'll bring them up questions from the board are you doing anything to manage sound
buffering for the surrounding buildings um from the from the roof structure like to our current
north neighbors or just like uh yeah i mean and we're still working on the plans now but the plan
is do like you know like a nice little kind of sound wall between like the existing structure to
you know the building to the north and everything will be to code and ray can speak to that as well
Don't have a choice.
Other questions?
How many seats?