that we have put on the front and on the side of our house that are street-facing.
This property is at the corner of 700 and Rodman Street.
700 and Rodman Street and the maybe I should go straight to the press
okay so here's the picture of the gate the property has the corner of 7th
Street and Rodman Street Rodman Street is between Lombard and South Street so
it's in Washington Square West. This is a view of the back of our property with
the gate in question and then this is the view of our street and we can see
that there is another there is another gate on the first half of our street
that is exactly like ours and if we look from the from 8th Street we see that
there are another three, can people see my pointers? Yeah we see it, yep. Okay so
So one, two, three, which are all about the same height, which is about nine feet.
So we believe that there is precedent for our gate.
And that's why we seek the exception.
And you went to the RCO meeting, right?
They have not sent a letter, I understand.
but Council Member Squilla has sent a letter of non-opposition.
Is that correct?
Not to me.
Did he send it to you?
Yeah, we have a letter of non-opposition from Council Member Squilla.
Mr. Chair, this is Board Counsel Ryan McSherry.
We did just this afternoon receive a letter from the Washington Square West Civic Association
indicating they did not impose the requested variance.
Oh, good.
they made a decision on the uh march 12th meeting of the board of directors thank you very much
all right so washington square west is not against you and the council members are not
opposition to okay so questions from the board oh no miss no chair no mr chairman
questions or comments from our attorney nothing further mr chair okay questions or comments from
the virtual audience. I do not see any hands, Mr. Chair. Planning Commission. This is Ron Bednar,
City Planning. Property is indicated for residential use on a city plan. The applicant's
hardship is self-imposed with no evidence of unique physical circumstances that were prevented
from being used in conformity with the strict fence height code requirements of the code.
we recommend the request of variance not be one thank you so mi 2023 006 394 700 rodman street
i vote yes thomas holloman my vote is yes mr mal shaheed my vote is yes you have your votes
thank you for thank you okay number six mi2023 006 410 63 23 vine street tamika mccoy is the
attorney um letter of support from hmc squared community association
so we were joining as a panelist okay thank you good afternoon hi could you just
i swore you earlier this morning all right we had a couple yes okay so just state your name
for the record sure tamika mccoy mc capital k o y and can you tell us who your client is
the relationship to the property? Yes, sure. I represent a Ms. Salam, who is the tenant for
the property. The property is owned by Jose Cruz. I also represent Mr. Cruz. They're consistent with
this application. Okay. And our vice chair has a few questions for you.
Good afternoon, counsel. Do you agree to wait to read another refusal or stipulate to his accuracy?
Yes, I agree.
Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?
Yes, I have.
All right. Thank you, counsel. Please proceed and share your screen.
Thank you. This is the application for 6323 Vine Street.
The property has always been used for commercial purposes.
It had previously been used as a medical office.
I am showing you the zoning refusal, and on it, it shows a history of the use.
zoning refusal and on it it shows a history of the uses for the property previously so it looks
as if it was always a commercial space at one point it was a retail store converted to a family
medical practice and then continuation for a doctor's office from 93 through 2003 to the
present. The request is that the use remains commercial, however, be used for a child care
center. A photograph of the property depicts that it's a corner property that is a one-story unit.
There are views that shows basically the frontal view. This would be looking across
Vine Street. The next photo is a photograph looking to the right of the building,
looking down Vine Street going towards 63rd. The next photo shows Vine Street going back towards
61st. This photograph depicts the rear of the building, and the next photograph basically
shows the side view of the building. If we were to zoom out, what you would see to the far end
would be essentially a exit door that's depicted here on these drawings. So this is a first floor
plan. It has a entrance and exit here. There's also an emergency exit on the one level structure.
essentially there's an open area and it's contemplated to have a handicap accessible
sized bathroom for changing tables and so forth. Ms. Salam who is the tenant and would be the
proprietor for the daycares called Auntie's Care Garden has been in the care service industry
since 2004, first working with Nelson's Academy and then with Aaliyah's Little People and has
been basically in this industry for several years where she has several certifications
for daycare kinds of services. Her daycare is going to be essentially focusing on children
with developmental disorders, including autism. She does have special certifications for taking
care of children with those kinds of afflictions. The ages for the children that she will be taking
care of is six months to five-year-old, and she has not done any of the renovations or
basically customizations yet to the property because she was waiting to get through
and approved for this zoning process, but what she does contemplate is using a lot of paint,
getting a new sign, and essentially making it kid-friendly in terms of its appearance and
appeal. The required space of use is one that would not impinge or have a detrimental impact
on any of the neighbors. There would be no negative impact regarding parking, overcrowding
in the area and there would be no impairment regarding light or air to any of the adjacent
property and it would not impact the usage for any of the adjacent properties. I'm going back
to the actual drawing because the drawing shows an area in the rear of the building that right
now is essentially a yard. You can see a part of it here that ultimately would be fenced in
so that it could be an outdoor play space for the children to be able to utilize right now
there's no fence around the garden area but there is contemplated a fence would go there
the garden area though is surrounded by a cement um i guess barrier or step and so that would be
basically used as a demarcation of where the fencing would ultimately go. With regard to the
other submissions, I have here a copy of the deed showing proof of ownership by Mr. Jose Cruz. This
is a copy of the lease between Mr. Cruz and Ms. Salam. We also have notifications that went out
to all of the area residents that would be impacted. There were 64 that were sent out.
The addresses are here.
There was also an RCO meeting in which there were no oppositions to the requested use.
There were no oppositions to the requested use.
The RCO essentially is HMC squared, and they do support use of the premises for the daycare.
We also have proof that the taxes have been paid in full, which I'm showing here,
that the location essentially
has satisfied all of its
tax obligations.
And with that, Your Honor, I would like to
present Ms. Salaam
to adopt the testimony
presented.
They've been
allowed to speak.
Ms. Salaam,
Ms. Salaam, could you state
your name and spell it, please,
for the sonography?
Rekai,
sorry excuse me rakaia and do salam r-u-q-a-y-a-a-b-d-u-s hyphen s-a-l-a-a-m
right do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes please proceed counsel thank you miss salam the information that had been presented to
THE BOARD. DID YOU HEAR IT IN ITS COMPLETENESS? YES.
AND WOULD YOU ADOPT IT AS YOUR OWN TESTIMONY IF YOU WERE PRESENTED WITH QUESTIONS THAT
PERTAIN TO THOSE ITEMS THAT HAVE BEEN PRESENTED? YES. DO YOU HAVE ANY MODIFICATIONS, ADDITIONS,
OR CORRECTIONS FOR THE BOARD? NOT ADDITIONS. I WOULD SUBMIT WITH THAT.
Thank you. Questions from the board? No, Mr. Chairman.
Questions from our attorney, Ryan McSherry?
Yes, Mr. Chair, I just have one note here just for the record regarding that this may be missing refusal for accessory parking spaces.
One space per 1,000 square feet is required in the RSA 3 zoning district.
And that's just for the record, am I correct?
That's correct.
Okay, thank you.
Questions or comments from the virtual audience?
You do not see any further hands, Mr. Chair.
Hi, Planning Commission.
This is Ron Bednar, City Planning.
While his property is currently indicated for residential on the city plan,
given the physical locations and site use history,
we recommend the request of management grant.
Thank you.
MI 2023-006-410-6323 Vine Street,
I vote yes.
Thomas Holloman, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you.
You have your votes.
Thank you very much.
Have a good evening.
Okay, good.
So, number nine, MI 2023-006-418-4855 North 9th Street.
Thomas Kenney is the attorney.
uh councilwoman bass has taken a position of non-opposition recommendation of support
from the logan civic association vote was unanimous
coming back in as a panel sir okay
good evening council good evening
as chairman and esteem board.
Could you state your name
and spell it for the court stenographer?
Yes, it's Thomas Kenney,
bar number 77611,
K-E-N-N-Y.
Right.
Do you swear or affirm
to tell the truth,
the whole truth,
and nothing but the truth?
I do, sir.
I would also ask
my paralegal, Jacob Reeder,
who's on this session,
if he can be allowed access
so he can pull the documents up for us.
Yeah, we'll do that.
But first of all,
is, could you identify your client and their relationship to this property?
Yes, sir. My client is also present. He is Dr. Adebemiro, and he is the owner of the property.
Okay. And our vice chair has a few questions.
Good afternoon, counsel. Do you agree to read the reading of the refusal or stipulate to its
adequacy? I do, sir. Have you emailed in all of the
required documents and exhibits that is needed to proceed with this case
by being the offense of this hearing.
Well, yes, I thought I had, but your esteemed board sent me a note today
we had to resend over.
We gave the wrong deed.
So now today we sent over the actual deed,
and we also have a letter from Honorable Councilwoman Bass
saying there's no opposition.
We submitted that as well.
But otherwise, we've sent everything last week.
I believe our ZBA council have received that as of now.
I believe our ZBA council
has received that as of now.
Please proceed to share your screen.
Please proceed and share your screen.
Thank you very much.
Can we make sure that his paralegal is promoted so that they can work, I guess, the computer screen?
Is that what you want?
Yes, sir.
They've been promoted as well.
Thank you.
We won't swear him because all he does is do the screen for you.
You do all the testing.
And he's quite, he's quite helpful for us since I, I'm an old person.
They believe the honorable word. We, we believe this case should be pretty straightforward,
but what we have here is going through it first or the deed showing my client owns the property.
He is the 100% shareholder of Phoenix LLC. I should say, I should say member.
He purchased the property.
He's actually also a physician down here at Jefferson Hospital.
He is a graduate of Yale University.