renovated it's already been this way for for years uh this is them trying to correct it because they
found out that the zoning was incorrect um so it's already constructed it's the inside when
you first walk into the door this is pictures of the back like kitchen area
these are additional pictures of the kitchen area so as mentioned this stuff has already been like
this for years if there's no um construction that's going to happen um because it's already
been this way for years they're just trying to correct the zoning um to make it proper
and here's again a close-up picture of the outside of the establishment
um concrete cafe um as mentioned these are posting of the of the notices i should have
some more some more pictures of the inside towards the bottom of the presentation i'll show
um a close-up picture of that notice um they were able to have an rco meeting
um and they got the support of the rco
so the rco emailed over this so it seems like there was some type of issue they didn't
do like a formal letter but they did email over their support um for the establishment
There were no, there were no opposition to, to the, to the establishments, as I mentioned, it's been a staple in the community for some time now.
And as council mentioned that, I guess the original, the original upload did not have a, like a, I guess it didn't zoom in on the picture of the posting. So here's a close up picture of the posting of the notice for the hearing.
And yeah, that concludes the presentation.
You want to bring your client on?
Yes, Ms. Bates, Ms. Bates, are you on the call?
here we come back in as a panel shortly thank you
Thank you.
I'm here. Can you hear me?
Hi, could you please state your name and spell for the stenographer?
Yes, Egypt, E-G-Y-P-T-B-A-T-E-S.
Do you swear or affirm
that tell the truth, the whole truth, nothing but
the truth? Yes.
Please proceed, counsel.
Hi, Ms. Beats. Did you hear my testimony?
And was it true and accurate?
Yes. And would you adopt
my statements for the board?
Yes. Thank you.
Board, I get with that.
We're going to open it up for questions.
Devin, how long has it been in operation?
I'm going to
How long, I guess, Ms. Bates, how long has the business been in operation?
It was in operation from 2014 to 2021, if I'm not mistaken, it was that year, 21.
Okay, thank you.
Questions from the board?
Yes, so do you have the support of the neighbor that's adjacent to you?
They actually came to the meeting and signed the paper.
okay and then just to be clear we're not doing any construction and we're simply just trying
to legalize the takeout portion so right this is a double lot yes okay and then where is the
trash currently being stored the trash is currently being stored um for the it's stored in a front in
the back of the store and then it's taken out on a side where we pay for a trash pickup is there
is there a picture of the side or just these two photos of the interior no it's no picture
dated i'm sorry i didn't know i needed a picture of the side i guess maybe you're talking about
right here maybe this beats does it come out of this side or is this the side over here yeah
that's where the trash comes out but you see the corner of charmers the train is like a whole
another corner it goes all the way around a corner okay and then how do you handle deliveries
um i never did okay we pick up our products um daily okay so you're going out you're picking
things up and bringing it in daily through i guess through the main door correct okay
and my other question is um are you okay with the hours to um or she requested uh hours from
11 a.m to 8 p.m is that something you agreeable to yes all right any other questions hillary let
me ask you a question i mean when this address we're using does that mean that whole property
i mean how do we just say that it's only for there i'm trying to so yeah i was just gonna
i was just gonna ask um because it does indicate on the refusal that this is in an existing
structure um with other existing uses um as previously approved um either mr ukta or miss
bates are you able to just give a little bit more information about what's at the property because
it looks like there's a whole nother house to it this is just a small portion of it yes um next
door to it is apartment building right okay that's but that's part of i mean it's part of that
address right yes correct all right um i mean so i'm mr sheriff something like i mean if we did the
whole building right put a restaurant in the building right no i mean i think um i mean we
don't have like a a key plan while we do a floor plan but um i mean you could um perhaps if the
board is inclined to grant to a proviso indicating that there'd be no you know no no expansion
of the use on the current footprint okay how many units are in the apartment building
five and are you you're one of the co-owners of the apartment building correct correct
is there a unit name like how where do you get your mail for the restaurant does it say
like rear or
R or... No, it says
office.
The mailing
address for the restaurant.
Yeah, it's 2823
West Somerset
through 2823 through 25 West Somerset
office. It goes directly
to the front door of the store.
Yeah, we got to do something. We got to put something
there to just...
I mean, should we say
Shall we say first floor extension?
first floor
extension? It's like
It's like a...
It's like a...
I mean, there is like a key plan.
Mr. Ucta, could you scroll back to the plan?
Want me to zoom in?
Yes, please. Thank you.
Because, I mean, it is like an accessory building on the first floor.
Is it attached to the main structure or is it detached?
It's attached by one part, and you can probably see it in the front.
It's attached by the roof.
I just want to note, too, there appears to be a refusal missing for multiple principal uses on this lot.
So I just wanted to make a note of that, assuming that has not been previously approved.
Are you able to zoom that in anymore?
I'm just trying to.
Sorry.
that's it here right
yeah it would i mean it would be helpful if the i think if the the commercial area was like shaded
a circle it's like there's there's some common colors between the commercial area and the
residential area the green hatching so if the commercial area was all just shaded in one
particular way or denoted as space two or something like that then it would be a little
easier to you could stamp this and proviso um that the use is limited to the space indicated in the
key plan um devon you hear that yeah so i guess um maybe i can put a name on it like maybe like
apartment building versus store and when i upload it because i have to upload it anyway where she
has to upload it with that picture of the front and maybe the proviso says
i guess this references the restaurant portion because i mean i guess it's clear that one part
is a restaurant or one part is like um residential uh is there is there a way to to just get like
this portion of it here and just have just have the you know the architect or draftsman whoever
did this make it all rich just yeah just have them like outline the commercial area in red and
just write commercial and then the green can be residential say residential and then we can just
say that it's limited that way also just to be clear is the garage that's on the property
still standing
or was the garage
converted into the commercial
space? Correct. It was
converted. Yeah, because
there's a 2022 permanent from L&I
that says that they need to legalize
the four units and the combined
use of the either existing
vacant garage or they
need to redefine the garage as the commercial
space. It's called the rear garage, former rear garage.
Correct. That's where we
started. Oh, but the
garage is only part of the commercial
space is that correct i think the garage is the commercial so the garage is this used to be the
garage yes so the garage extends all the way from somerset almost to chalmers yes it's a very unique
property okay i mean we could limit it to the garage that might be your garage i wouldn't say
rear because it's right on the front um yeah we i mean we could um yeah i mean we could limit the
use to the former um former garage or i mean yeah it's not detached so i don't know that we could
say it's an accessory structure although if it's just attached by the roof and just for clarification
did you ever resolve your open
inspection and certification
of your fire suppression
system for the building
yes they actually came out
he has to upload
that was done through
I had to deal with L&I
just making sure
because it's yeah
no one else in the audience
right there's one other hand Mr. Chair
for me there's another hand Mr. Chair
3-5-5-2
Ms. Fernandez
Hi Ms. Fernandez
Adrienne
Hello can you hear me okay
I can Adrienne
Please state your name as spelled for a stenographer
Adrienne Fernandez
My last name is spelled F-E-R-N-A-N
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Do you swear or affirm to tell the truth
Thank you.
Please proceed.
Swampo to RCO submitted a letter of support with one proviso and also the meeting summary form, which I believe everyone should have both.
I understand that Brittany is an expecting mother and anything could have happened up until the date of the hearing to try to get it moved up.
But that never happened. So the only proviso we had was the hours, I believe daily from 11 to 8.
And this building is a architecturally unique structure in the entire swamp.
There's no other building like it. And kind of looks like a neighborhood hotel.
If you think of it, we're locked in the south, but in our neighborhood, that's the only one like that.
But we're very familiar with Egypt's business and understand she's legalizing certain parts of it now.
There's never been a problem with trash or any type of upkeep.
And also the front has a ramp, so it's completely ADA accessible.
Everything else is what we wrote in the letter, and that's everything.
Adrian, thanks for your call.
We appreciate it.
Planning Commissioner.
Thank you.
sorry about that med cavana planning commission staff um given the misrefusal i would request to
hold testimony um we don't oh we're not requesting i meant it okay all right then i'll read uh the
comprehensive plan recommends no change the existing rsa5 residential single family zoning
at this location however the lot is large and uniquely shaped for the zoning district and there
is documented history of prior commercial use at this property dating to the 1940s the city
planning commission recommends that the board grant the requested variance for use as an eating
and drinking establishment thank you uh mi 2024 004 can i just i think just looking at just looking
at like the photos i think it's in order to specify the space i think it's just going to be
easier if we have a like a key plan that just outlines exactly where the space is okay so if
we can if we can just hold the vote um and devon if you can work with or miss baker uh bait sorry
um work with whoever did the other plan just if they can just clearly outline we just need to see
clearly where the commercial space is versus the residential space and then we can just stamp that