and then you have a first floor bathroom yes first floor bathroom correct and then we move up to the
second floor you have a second floor bathroom as well yes so there's a bathroom on the second floor
and there are three individual what were bedrooms that will be converted into individual studio
spaces to operate okay so i'm looking now at the second floor rear room yes that's the second floor
rear room correct that would be one station uh one tattoo station there correct okay and then
this is another angle from the second floor rear room and now i'm looking at the second floor
front room yes that'd be one other uh one other tattoo station there one person operating in there
yep okay and then i'm going to the second floor middle room yep and again uh that would be the
third uh operating station okay now moving down to the second floor hallway not much to note there
right and then and then the third floor is the top floor right this is like a traditional corner
three-story house basically correct correct so then the third floor uh where am i at here so
let's say second floor okay no so so here we have sorry yes sorry third floor front room
will be essentially office space storage space yes okay third floor uh second now now i'm at
third floor front room still uh now we have like a third floor kitchen kitchen yes so the kitchen
is existing and we'll stay that will be essentially our our break room between uh that and uh
and then you have to actually go to third floor rear room will be essentially our the extension
of kitchen break room okay and then there's a third floor middle room as well correct uh there
is it's like a really small and that would be again like an office like an office storage space
uh more that it's more so that would be office okay and i have a third floor break room yeah
room okay third floor hallway third second floor hall and stairs and then basement what do you can
you say anything about the basement uh storage um and that's exact that's where we do uh our
cleaning right now um and so that's in the uh you can see that it says basement cleaning room uh so
that's in use as well right now okay and will continue to be okay and now this is just a map
I mean, where is it? It's at like 29th and Stiles.
29th and Stiles, corner property. Correct.
Okay. So in the last exhibit is exhibit I, that's the RCO meeting summary.
I mean, we had a meeting on this about a month ago, correct? With the, with the RCO?
Correct.
And there was, and this, this shows 12 support, no opposition.
And I guess one from the zoning committee abstained.
um so you you've had no opposition to this and you've sent out all notices and you've spoken
with people about this application and everything and you had no no opposition that you know of
correct yeah okay um the uh let me interject real quick uh the waste we have um
The, let me interject real quick, the waste, we have regulated waste by a private company as needed. That will not change. And as far as parking, it will remain the same.
There's very easy access to both bus lines, the trolley. A lot of our clientele is in the neighborhood. So parking will not be an issue either.
Okay. Thanks, Court. Do you have anything else to say?
I don't believe so.
So, counsel, the RCO letter states that there will be usage for the business on the third floor, although the application only speaks for the first and second floor.
Yeah. So, we're not – I don't – where are you seeing that, Chairman?
So, Mr. Smoker, so on the refusal and on the application that was submitted to L&I, it says the use is expanding from the first floor to the second floor and the third floor is to remain single family household living.
However, what you're now proposing is to use the third floor instead of a dwelling unit as additional space for the personal services use.
That's correct. I had thought that I had sent in something to the ZBA explaining that change. I had misstated on the initial application. So the refusal states that, but on the appeal, it states that, in fact, it's not going to be a living space up on the third floor.
it's on the appeal okay so i i understand that i did see that in the application for appeal and i
did see that's what you discussed with the rco however the refusal will need to be amended to
reflect what is actually being requested so we can finish this hearing today but the board will
not be able to vote until you have requested and then received an amended refusal that accurately
has the use on it and okay it's being expanded to okay i just want to make sure that and i'm sorry
that it would take up your time like this but i want to make so so i'm amending the refusal
yes you need to amend the refusal indicating the use is expanding to the second and third floors
okay right now it says second floor with single family above sure but i don't think we need
permission to use the third floor as like office and storage space it's accessory to your business
okay i got you okay that's i think that's kind of why i but it's not single it's not single
family household living it's not a unit where someone's living so that is not it should not be
noted as such okay consider camp common area space because it's going to be a breakable area
up there okay okay so i'm i'm amending the refusal sending that in on the eclipse system i guess is
that correct and then please contact me for sure i know how can i contact you sorry you can just
you can reach out to me via email i believe you have my email okay
all right so mr smoker uh i believe we have your presentation can you um
get your client to uh attest to it yes uh mr long do do you any kind anything that i said do you
adopt it as your testimony? Yes, I do. And is it true and accurate? Yes, it is. Okay. All right.
Thank you. Questions from the board? Yes. So I have a question. With the expansion to the second
floor, is the assumption that this is going to allow you to expand the business and take on
more clients? Or is this just giving more breathing room for the existing artists that are already on
site and therefore you'd have the same number of people getting serviced it's on average hate to
say it but it's kind of the same number of people getting serviced um but i it's just so it's just
too it's so uh compact with so many people in a small area um it's i can physically do it here
but it's just it's not comfortable for the scenario of people being around one another
you know disrobed it's not a private space would be help everyone out that i understand i was just
more so wondering impact in terms of are we now going to see an increase of people in the space
when we're sort of discussing use um and then my second question is does the expansion to the
second floor um does that change anything with regulations as it relates to sort of the uh
management of like biomaterials that you already have under contract it's all it's all the same
yeah okay any questions any other questions from the board questions from our
Thank you. Any other questions from the board?
Questions from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Thank you. Any questions from the audience?
Any questions from the virtual audience?
Vice Chair, I do not see any hands raised.
Thank you, Mr. Hamm, Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends a change in zoning at this location
from CMX II Commercial Mixed Use to RSA 5 Residential Single Family.
The appellant has shown that the proposed body services
will have no detrimental impacts to the neighborhood
beyond what might be reasonably expected.
Planning Commission recommends that the board grant
the proposed special exception for body art services.
This case will be closed outside of receiving the amended refusal,
and we'll vote on it upon receiving that.
um thanks thanks thanks for can can i get just a little bit of a kind of a timeline when that
when that vote would be you think sorry it's predicted off the year we need to first receive
the amended refusal and then i would say within some within the next 30 days between okay okay
All right.
Thank you.
All right.
Thank you.
Thank you.
Number 13, MI-2024-006129, 7312-7316, Castor Avenue, Attorney Jermaine Harris.
This is a useful office and business and professional on the second floor of an existing structure,
The use refusal of office and professional is prohibited in the CMX-1 zoning district.
We have received a letter of unanimous support from the Ron Hurst Civic Association.
Is Mr. Harris available?
I'm here. I've been promoted. Good morning.
Good morning. Please state your name and spell it for the court report, please.
Sure. Jermaine Harris, J-E-R-M-A-I-N-E, and I am the attorney for the property owner, Caster Complex, LLC.
Do you swear to tell the truth, the whole truth, and nothing but the truth?
All right. Our board member, Graham, has a few questions for you.
Hi. Have you emailed all the required documents and exhibits needed to proceed with this case five days prior to this hearing?
I have.
And do you agree to waive the reading number of refusal and do you stipulate to its accuracy?
Thank you.
You may proceed.
Okay, so this is regarding the property at 7312 through 24, 7312 through 16, Castor Avenue.
and so what my client is seeking to do is have use of the second floor which is what i'm pointing
out right here as offices uh for business offices for their entity 7312-16 caster avenue
uh casper complex uh llc on the bottom of this they have a restaurant bar uh there they own a
bar there uh and this is only this is a commercial district it's only commercial uh on this block
it's only businesses and there's a police station on this block so again this is the
this is the front of it right here and what we're talking about
is this right here when I'm moving the cursor over
so let's get two other pictures here
let's see here
so what we have
let's move this up
we look at the this is the front door and then this is the steps because all
we're talking about is steps this is the steps leading up from the restaurant
leading up to the second floor offices and it's a total of four offices
the second floor offices and it's a total of four offices and uh these are the offices right here
this is how it's been since they uh well they put some paint on it but this is the layout
of what it's been since uh they since this property was purchased back in 20 let's see
back in 2023 actually and so this is a storage room this is continue to storage
continue to storage this is a conference room
another angle of the conference room
this is storage right here this is another office
this is the third office this is the bathroom this is storage
and this is the last office and this is another angle of the big of the uh conference room now
this is the rear of the building which has uh which has parking an abundance of parking
it's the same these are just the black and white pictures uh but this is the black and white this
was of the posting of the zoning notice right here zoning hearing notice
uh let me pull up the plans
So these are the plans of the second floor only, which shows the steps that we were taught that I presented.
Then you have the hallway going into Office 1, going to Office 2, going into Office 3, and then going into Office 4.
And then we have the tax clearance, we have the deed and which evidence is
august 2023 august 7th 2023
we have the notice of refusal cmx1 uh office space second floor of an existing structure
that was the refusal is in a again cmx1 uh it's the application for the appeal
So, PIF, then we have just a list of what's going on around in that particular, on that particular block.
We have basic property histories of just commercial use, most of which are restaurants, which is in line with the first floor of this particular building that they own.
7308, 7312, all restaurants, food, 7320, 7322 food, cafe, 7326, and on the same, let's see, 7328 food.
and then we have the letter of support uh for this particular for this proposed use so
i have on here i have representative uh tatyana morero uh who can adopt my testimony
of this uh presentation if you would allow her if she would
of this uh presentation if you would allow her if she would be allowed to be promoted
sure can we promote it has already been done she'll be rejoining shortly okay
good morning can you please state your name and spell it for the court reporter
yep um first name is tainara t-a-y-n-a-r-a last name is morrow m-o-u-r-a-o you swear to tell the
truth the whole truth and nothing but the truth yes please proceed counsel okay uh miss morrow did
you hear the testimony that just gave uh for the board yes yes i did and do you agree uh with the
testimony that I've just presented? Yes, yes, I do. You don't necessarily have to. Is there
anything you want to add to what I just presented to the board or no? I mean, just so everyone has
an idea, just like Mr. Jermaine has said, it's mostly restaurants and grocery stores at the
bottom so our office space um we're here from nine to five so we wouldn't really be you know
annoying anyone so um but everything else that mr harris has said is true and by the way how
much parking is in the back i mean i presented how much so how many spaces is it um the maximum
capacity if i am not wrong is about 60 from um the whole parking lot but where we have it right
there for our cars um is 20 and we only have 10 active members in our office right now okay all
right uh i don't have any further questions but the board may ask questions but i don't have any
for the questions. Okay, not an issue.
Questions from the board?
Questions from our attorney,
Hillary Emerson? Not at this
time, Mr. Chair. Questions from
the audience? Any
questions from the virtual audience?
I do not see any hands,
Pastor Chair. Planning commission.
amy boyd with the planning commission upon the adoption of central northeast districts
plan the property was zoned commercial mixed use cmx2 the plan recommended to maintain this
designation the proposed use would be allowed under cmx2 designation the planning commission
recommends that the board grant the requested variance for business and professional offices
thank you uh mi-2024-006128 7312 to 7316 castor avenue my vote is yes michael johns my vote is
yes cheryl gaston my vote is yes tanetta graham my vote is yes tyo in my vote is yes
Number 16, MI-2024-006164, 2909 West Gerrard Avenue, Attorney Harry Cook.
This use is for visitor accommodation in an existing structure.
A visitor accommodation is prohibited in the RM1 zoning district.
We did receive a letter of non-opposition from the Burrytown Shardswood Communities Civic Association.
Vote was 13 to 9.
Mr. Cook.
Good morning, Mr. Chair, members of the board.
Harry Cook on behalf of applicant Gregory George.
Please state, can you spell it for the court reporter as well?
Harry Cook, H-A-R-R-Y-C-O-O-K.