The appellant has not shown that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance with the zoning code.
The planning commission recommends that the board deny the requested variances for visitor accommodation, occupied area, and non-residential roof deck.
i'd just like to note for the record that the uh underlying zoning is uh cmx 2.5 and um uh i i
won't i won't go further regarding the board's prior finding in this matter thank you so mi
I-2025-001-555-1224, Frankfurt Avenue, I vote yes.
Cheryl Gaston, my vote is yes.
Tywin, my vote is yes.
Michael Johns, my vote is yes.
Thank you, counsel.
Thank you, Mr. Chairman and members of the board.
We're going to go back to number two, MI 2024-002-371-1639 East Shelton.
We have our interpreter, Stephen.
Yes, I'm here on the line.
Good morning.
Stephen, did you notice we were calling you a little while ago?
There's another case that we may need an interpreter.
Would you be able to do that?
At what time is it?
We'll let it go right after this.
Okay, yes, I can.
All right, so could you please call Mr. De La Santos again and also see if we can't find Angela Vida?
Okay, he's here
Okay, he's there, right?
Así que este es Franklin de los Santos
Sí, Franklin Martinez de los Santos
Yes, Franklin Martinez de los Santos is on the line
Okay, and could we see if we can
Have Miss Vida
¿Y si la señora Vidal, ella está en la línea?
Sí, ella está aquí, sí
Yes, she's here as well.
Okay, so she will not testify. She will just use the computer.
Would you please tell him to start his presentation?
Please turn on your video.
Okay, we see the application for appeal. Thank you.
Could you ask him to please explain this next?
So we want to make a multi-service building for the community because we need it and we
want the community to grow.
What is it he's trying to build?
¿Y qué es lo que están tratando de construir?
Estamos haciendo multiservicio donde vamos a ofrecer servicio de tases, un arostar y
envío de dinero y pagar servicios.
The enterprise requires verification.
Usted dijo cómo pagar impuestos.
¿Cuál era el siguiente?
Hacer impuesto, envío de dinero, pagar los servicios como agua a luz.
So we want a multi-service building that helps people pay their taxes to send money to buy, I mean, to pay for utilities like water and light.
Okay. And this will all be on the first floor?
Yes, correct.
And what's above?
Encima.
Encima está mi casa.
La casa es el mío.
Ahí vivo yo.
My house is there.
That's where I live.
So there's a letter of opposition
from the Take Back Your Neighborhood RCO.
Así que hay una carta de oposición
de el RCO, Take Back Your Neighborhood.
All right.
All right.
And could you show us photos of the first floor again?
The inside of the first floor.
and that's the office that would be the waiting room
there we will have two employees
there we have a private office
That's the emergency exit.
La puerta principal con su seguridad aquí para entrar.
And front door with security system to come in.
The RCO believes there's an apartment being placed in the rear of the first floor.
Así que RCO creen que hay un apartamento que están poniendo en la parte atrás del primer piso.
No, that is the storage where we will be putting stuff in.
Questions from the board.
Yes, can you go back to the first floor plan, the entire building?
And zoom in.
Sorry, to the side plan.
Y puede ir para el planeo del primer piso y ponerlo más de cerca.
La foto o el plan.
El plan.
Del primer piso y ponerlo más de cerca.
El plan.
Not this page, the previous page.
¿No esa página, la página previa?
And this is the interpreter speaking.
Do you want to see the pictures zoomed in or the plan?
i wanted to see the site plan which was on it he has two plans and i want to see the site plan
which also includes the backyard it's the entire building it's the entire lot footprint
but can you zoom into the site plan that
does that work yes what's happening in the existing one story building y que es lo que
What is happening in the building, in the part below the building that is already existing?
We have the office.
That's it.
No, I have a desk that is closed.
I closed it all because I have the desk there.
So I closed everything out because I have a desk there.
And I put wood around it to close the desk.
So based on this image on the left, it looks like it's a deck that you have.
Based on this image on the left, it looks like it's a deck that you have fencing around.
It doesn't look like a building.
It looks like a deck with fencing around it.
Así que se ve como este que si es una terraza que usted le puso como verja alrededor.
Sí, eso porque es el deck y yo le puse todo alrededor para tener seguridad en el deck porque ahí compartimos.
Yes, so it's a deck
And I put fencing around it
Just as a security measure
Since we share it
Okay, so it's not a one-story building
It's just underneath the deck
That you've put fencing around
Así que no es un edificio de una planta
Es solamente
Una terraza que usted le puso
Verde alrededor
Do we have pictures of this?
So we didn't include it since it's not part of the business and that is part of my recreational area next to my house.
Yes, but it's part of the property.
And so we're trying to understand what's going on with the entire property.
sucediendo con toda la propiedad okay so that those are the images that i have i understand
that but can you just verbally explain us what's going on so like right now how do you get to the
apartments so on the left hand side of the street um that is the entrance to the apartment
So that's a multi-service entrance for the store.
So how do you get into the apartment? Can you point to where you live?
So wherever the gas meter is, if you look there, there's the entrance to my house.
He might be zoomed in too much. We can't.
Yeah, we can't. We can't. He's got to move it up a little bit.
So does the interpreter speaking, it sounds like they're moving it, but it's not showing up on,
on our side.
okay and then just to be just for clarification the apartment is two stories or two floors
no just the house is on top and the business is below
Yeah, but you keep saying houses with an S.
So I think I'm trying to confirm how many dwelling units are in this building.
Así que, pero sigue diciendo como casas.
Así que, ¿hay solamente una casa arriba o hay más de una casa arriba?
No, una casa, una casa, una casa, una sola.
So it's just one house.
The one house is two floors.
Pero esa casa, ¿tiene dos pisos?
No, la habitación arriba y la sala abajo.
So it has the rooms upstairs
And then the living room downstairs
So yes, it is two floors
Así que sí, tiene dos pisos
Así, esa es la habitación
El área de la habitación abajo y aquí es la sala
Yes, so it has the space for the room
And then the living room
Okay, other questions on the board
actually one more question can we walk through how your violation so the work was done here
without all of the correct permits when l and i came out what did they what did they tell you
When L&I came out, what did they tell you?
Así que vamos a hablar acerca de las violaciones, porque cuando L&I vinieron, usted no tenía todos los permisos correctos.
Así que, ¿qué fue lo que le dijeron?
Ellos nos dijeron que teníamos que parar para sacar los permisos que nos faltaban.
So they told us to stop so that we can get the permits that we needed.
so how much work was done prior to lni coming what work were you doing
so everything
okay thank you gracias and my question is what about the sign here
Does he have permission for the awning sign there?
Necesitamos el zoning para que sea legal.
The interpreter requires repetition.
¿Me puedes repetir?
Que no teníamos.
Necesitamos el zoning para que esté bien todo.
So we didn't have it, and now we need the zoning so that everything could be...
Para que tenga el letrero completo.
So that we could have the full sign.
shouldn't that be included on the
yeah shouldn't that be on the
refusal
wouldn't that need an amended
permit
I don't know the answer to that I will ask
attorney
and are you
operating
you're operating this business
did you start
operating this business
uh when when did you start operating in this business
it's open but it's not being an operation for the public um because we're waiting for the
permission of the zoning okay thank you yeah one last question so your first violation was in july
of last year yet i can see that there were subsequent construction happening as recently
as may of this year why did you continue construction after the first violation
¿Y por qué también veo que hubo construcción en tan pronto como mayo de este año?
¿Por qué no había parado desde la primera violación?
Porque lo que estaba en la violación fue el área del aire, del aire, del aire.
So, because the area that was in violation was like the heater and the air conditioning.
Questions from our attorney?
No, sir. Questions or comments from the virtual audience?
I see no hands.