Could you state your name, please, and spell it for the court reporter?
Allison, A-double-L-I-S-O-N, Weiss, W-E-I-S-S, Solo Germantown Civic Association.
All right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Yes. You've heard the previous RCO speak and mention the asphalting of the sidewalk.
We want to know if there is any way to ensure through the process that the sidewalk and curb will be replaced.
Say that again.
and is there a way to enforce that the sidewalk and curb are replaced
uh i i will bring that up with our attorney i'm not sure about that
hi chair oh go ahead hillary oh yeah sorry sorry no um yes mr chair this is this is hillary um
Yes, things related to the sidewalk are typically the purview of the streets department and not L&I, so I don't believe that this could be something we could do under a proviso.
That's not to say it couldn't be done under a private agreement, but it couldn't be something we could provide, though.
couldn't be done under a private agreement um but it couldn't be something we could provide though
thank you very much also this is tanya chair if i could just note um that they could also reach
out to 311 and streets department will do an inspection and write violations accordingly
and that way you'll have your enforcement miss weiss thank you tanya
okay anyone else in the virtual audience i see no other hands here planning commission
Thank you, Mr. Chairman. David Fecto, City Planning Commission. The comprehensive plan
recommends this property for industrial and residential mixed use. The proposal is consistent
with the recommended district, which has the intent of encouraging residential conversion
of industrial buildings. The City Planning Commission recommends the board grant the
use variance. Thank you. MI 2022-001-548-4700 Stanton Avenue. I vote yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you.
Thank you.
We're going to hear one more case, then we're going to take a break.
So I'm going to go to case number 11.
MI-2022-001-401-669 East Lippincott Street. Joseph Consol is the attorney.
Letter of non-opposition from Councilperson Sanchez. Letter of support from Impact Services.
mr consul good afternoon again yeah mr consul i believe you've been sworn right yes okay um
have you have are you uh thomas could you ask a few questions carl just got off the phone a minute
yes mr chairman do you agree to waive the reading of the refusal and stipulate his accuracy i do
did you email all of the exhibits and documents as required such as proof of ownership tax
clearance copy of the refusal or referral pictures or drawings of the property five days in defense
of this hearing did you meet with the rco and do you have a letter yes sir debbie thank you
please proceed and share your screen can i pack it up it's coming up yes all right good afternoon
board joe consul here on 669 east lippincott owner of the property is good homes 215 llc
with me is their representative jamie moffett this property i'll just jump ahead to a couple
the external picture is real quick if my computer is frozen. Mr. Consul we're still waiting for it
to come up. Yeah it's saying it's loading but let me try it on sharing see if that does it.
So you can also try turning off your video and just sharing your screen.
can you see if it's trying to live never had this problem before
yeah it's frozen
maybe you could hear me right after the break and i can make sure that's fixed
why don't we do that we'll take a five minute break
okay mr consul thank you all right that's five minute break and we'll be back
mr consul this is from it is your whole computer froze or just the screen sharing
Thank you.
it seems to be moving again now let's see if the share works okay great
that come up yep you're good to go all right
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Tanya, how do we look?
We are ready to proceed, Chair.
Mr. Consul, you've been sworn, right?
Yes, sir.
On do we go?
All right.
And technical difficulties are solved.
669 East Lippincott Street, Good Homes, LLC, with its representative, Jamie Moffitt, who is on this call.
The property, I'll skip ahead to the picture real quick to give you an idea of what it looks like.
Here's the one side view.
It's East Lippincott and F Street.
Here's the corner of East Lippincott and F Street.
This property has only ever, as far as I can tell in the archive, been used as one residential unit on the second floor and a commercial space on the first floor.
It's got probably the longest list of different uses of any property I've dealt with.
It's been a radio repair, steak shop, shoe repair, candy store, ice cream parlor, a tailor, a pizza place.
and most recently in 2012 it was approved for the retail sales baked goods and one residential unit
My client bought the property in 2017. He pulled the rental license and is just now
my client bought the property in 2017 he pulled the rental
trying to match up a tenant with the commercial space on the first floor. He did so and quickly
realized that because it had been remapped as RSA 5 that this would require a variance.
So here we are. There's our refusal. It's multiple principal uses, that being the apartment above
and the commercial space below, and retail consumer goods being prohibited in this district.
We put our case on in front of the RCO and got their unanimous support.
This was impact.
Basically, their proviso is closing time shall be 10 p.m., but they supported filling this property up.
there was testimony that this is a corner that needs to be activated as it has nefarious activity
and we believe based on the extensive history of the property as a commercial space the fact
that it's never been used as anything else on the first floor we believe that that makes this
appropriate to grant the variance also included in our packet is our proof of mailings all of our
RCO materials. And here's some photos of the outside of the property, a little closer up showing our items.
Again, there's that. And also, we sent to the RCO at Ms. Emerson's request just a copy of the most recent floor plan that's on file just showing the layouts of the property, and she had asked that I present it.
So I'm showing it now. This is what it looks like. This is what it looked like back when this was approved in 2012. I'd like to call my client, Mr. Jamie Moffitt, to adopt my testimony.
Could you state your name, please, and spell for the court reporter?
hi my name is jamie moffett j-a-m-i-e last name is m-o-f-f-e-t-t do you swear firm to tell the
truth the whole truth and nothing but the truth yes proceed good afternoon mr moffett did you hear
my testimony regarding 669 east lippincott yes do you adopt it as your own yes would you briefly
just uh tell the board uh a little bit about the tenant that you're putting into this property
and then we can we can rest our case yeah sure it's a shop owner um they have another
unit with us they've been wonderful tenants so far and i'm excited to activate the space um i
i've always been i have also been a member of impact services of the rco the kna business
Association RCO for quite some time. I'm happy to be a part of helping the neighborhood. I've
spent a lot of time and everything. Thank you all for the time. Thank you. Questions from the board?
No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman. Questions or comments from the virtual audience?
I see no hands, Chair. Planning Commission. Good afternoon, Mr. Chairman, members of the board,
David Vecto, City Planning Commission. The comprehensive plan recommends no change to
the residential single-family zoning at this location. The property has a documented history
as a business on the first floor and a residential unit on the second floor. The City Planning
Commission recommends that the board grant the use variance. Thank you. MI 2022-001-401-669
East Lippincott Street.
I vote yes with proviso.
Commercial space closes at 10 p.m.
Thomas Holloman, my vote is yes with proviso.
James Snell, yes with proviso.
Ishmael Shaheed, yes with proviso.
Thank you very much.
Thank you, board.
Number 12.
am i is carol on
hold on one minute
Thank you.
345-6995
Pichon Street.
Mr. Richard DeMarco and Paul
Toner.
This is a remanded
hearing.
Good afternoon, Mr. Chairman.
Good afternoon. How are you, sir?
Could you state your name and spell for the court
reporter? Yes.
Richard DeMarco, D-E-M
A-R-C-O.
Here for the applicant.
Mr. Toner.
Good afternoon, Mr. Chairman.
Paul Toner with Orphanese and Toner.
I'm here for the Ridge Park Civic Association.
Could you spell your name just for the court reporter, please?
Absolutely.
Paul Toner, T-O-N-E-R.
Right.
Do you both swear or affirm to tell the truth, the whole truth, and nothing but the truth?
We do.
Okay. Number one, we're going to incorporate the record and testimony from the 516-18 ZBA hearing.
We are going to concentrate on the whole nine-unit issue and whether or not this is the minimum amount of units.
If you have witnesses, I'm going to ensure before the witnesses testify that that testimony is aimed at nine units and nothing more.
So, Mr. DeMarco, we're going to start with you and you can proceed.
Thank you, Mr. Chairman. Can you hear me? OK, my mic just we can.
OK, great. Mr. Chairman, thank you. We're here, as you said, on the remand.
I do want to just do a quick opening to explain that this zoning board, of which three of you were were present at the original case in 2018.
this board voted unanimously to approve this project at nine proposed units we went through
a series of appeals filed by the neighborhood group and the commonwealth court's decision
found that that the board's decision on the presence of unnecessary hardship
at this property was properly proven and fully supported however uh the board did the commonwealth
Court did remand because they wanted additional testimony on the least minimum variance issue.
But I did want to remind the board that this board voted unanimously in favor of the project
and actually did find that nine units were the minimum necessary. But the Commonwealth Court
has found that the testimony needs to be added. And that's, I think, why we're here. And I think
Hillary Emerson's statement was, we are dutifully going to file that for you.
Dave Henderson is going to be my first witness and will testify as to why the nine units are necessary to overcome the hardship presented by this property,
which is, you know, specifically a lack of a very substandard soil situation, which was not disputed by any party at the earlier proceedings.
So I'm not going to belabor that. That is in the record. It's been decided.
I'm not going to waste your time and mine and the applicants and the protesters by rehashing the actual hardship issue, and we'll get right to the testimony as laid out by your attorney, okay?
So I'll call Dave Henderson, and I'll ask him to raise his hand virtually and unmute so he can be identified.
Mr. Henderson, could you state your name and spell for the court reporter, please?
yes sir can you hear me okay yes we can name is david henderson d-a-v-i-d-h-e-n-d-e-r-s-o-n
right do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do sir proceed mr henderson can you hear me okay i can hear you okay uh tell the board are
you the owner of this property i am sir and have you been the uh the developer of this property
since the original case heard by the Zoning Board in 2018?
Yes, sir.
And are you the guy that writes all the checks
and pays all the consultants and the engineers, et cetera?
Yes, sir.
Okay. And so you are the one with knowledge on what you spent so far and what it will take to bring this project to bear, correct?
And so you are the one with knowledge on what you spent so far
and what it will take to...
That's correct, sir.
All right. And you did an analysis, which was part of our exhibit packet.
And I'll share my screen in a moment and put it up on the board.
But you prepared that analysis, right, Mr. Henderson?
I did, yes, sir.
All right, and you did some research in order to prepare that document, and that included speaking to your financial people, your realtor, and construction experts, et cetera, correct?
Correct, yep.
All right, Mr. DeMarco, if I could just get that up for a second.
Mr. Chairman, can we just have Mr. Henderson put his video on?
Oh, sure.
Dave, can you operate your camera with your?
I can.
Let me see.
This is an Army computer.
Sometimes it doesn't allow video to come through.
Give me a second, Richie.