out on darien street so that is the uh the expectation uh for those nine right because
obviously the that's that's that's correct what we actually think may happen is that uh those
nine homes will the condo building will certainly have private trash collection and so ideally they
could carry that into uh the trash room of the condo building as part of that hoa they'd have
to pay some fee for the private collection there but hopefully there'll be an elegant solution
from from the homeowners. What about bikes on the townhome side? I'm just thinking like if I had a
kid and the kid was in the townhome, they'd probably be keeping their bike in the garage.
Now are we going to have like kids trying to ride their bikes up a very complicated
ramp entrance to a large garage? So I coincidentally up until just a year ago
up until just a year ago lived at 20th and Webster and I built a nine home development that had this
lived at 20th and Webster and I built a nine home development that had
exact configuration just exiting onto Webster street. Um, and, uh, it was generally admittedly
younger kids, but, uh, but yeah, that back area was a free for all for my kids and other kids
there to learn how to ride your bike, play ball, do anything without any risk of, you know,
traditional vehicular traffic there. I mean, you know, the, the activity was, you know, uh, you
know the homeowners coming or going to work once a day and then beyond that that drive was was empty
so i would expect uh with parent supervision some type of you know kids learning how to bike or
helping their kids walk their bike up uh you know as they go here but certainly the bikes would
almost certainly be stored within the garage there okay all the questions definitely deb
comment just definitely appreciate parking underground and and brick on all sides that
facing the street elegant facade question uh questions or comments for attorney
not at this time mr chair um questions or comments from the audience um first coordinating rco
sure i have a hand up by the name of hannah francis i'm going to promote them to panelists
hi hello could you please state your name and spell and for the sonographer
yes my name is hannah francis h-a-n-n-a-h f-r-a-n-c-i-s right do you swear or affirm
to tell the truth the whole truth nothing but the truth yes are you a member of either of the rcos
no i am not i am a neighbor in valavissa all right so we'll take your testimony now just
for point of information you have two minutes to make your comments okay great thank you so much
um i know one of our concerns in our bella vista neighbors association meeting was those indigo
bikes that are parked alongside that rite aid currently um i would love to know a plan for
that since that is a huge perk of living in the neighborhood for those people who do bike
just speaking on the terms of um biking which was our last conversation
Also, in terms of the sunlight, I was wondering if any shadow studies have been conducted, just because I know my neighbors and I along 9th Street, we all have those decks.
And because the Rite Aid is so low, that's how we're able to get sunlight towards the entire back of our building.
So I'm hoping we have some studies on that, as well as the air quality.
No, sorry, she said something. Sorry, I'm like on teacher break right now.
Yes, I know, you know, thank you for doing the underground parking.
You know, I'm sure that also helps the those cars stay off the street and are a benefit to those townhomes.
But as people who live there, I think parking is already pretty limited.
um if you live in the neighborhood you know angelo's culture is a pretty huge thing happening
um and this law is used specifically like you know for the hundreds of people going to angelo's a day
and i think that also helps keep the neighborhood clean and keeps cars off the road
um so i think with this project it might even though there is some solution to keep some cars
off the road I think ultimately we will end up being a little backed up there okay thank you
very much for your comments is there anyone else in the virtual audience yes chair I have a hand
up by the name of Joshua Leher I'm going to allow him to speak
Joshua Leher is from the coordinating RCO thank you
hello hi sir could you please state your name as bell for the sonographer uh sure my name is
joshua lehrer l-e-h-r-e-r i'm sorry i'm not sure my video is not coming do you swear or affirm to
tell the truth the whole truth nothing but the truth i do mr lehrer you have two minutes for
your comments. I'm sorry, I lost you. I was being promoted to a panelist. You still there?
Please start your comments. You have two minutes for your comments. I am the representative from
the Bellevus neighborhood zoning board. I've been asked to make a statement. We just wanted to say
that there was a significant back and forth between us and the applicant. And if you'll
notice our letter as well as the councilman's letter is in support of the
project given four provisos and we wanted to make sure that those four
And we wanted to make sure that those four provisors were included in these final plans.
provisos were included in these final plans
Those four provisors were bringing the height down from 44 to 43 feet, sloping the fourth floor stair tower away from Darien Street.
The five foot setback on the Catherine Street side, which you did already mention, was done.
And the basement wells were going to be inset off of the common sidewalk on Darien Street.
So given that if those four, if the applicant could confirm those four provisors were included, the councilman as well as the Bell Vista Zoning Board are in favor of the project.
All right. Thank you very much for your comments.
Anyone else in the audience?
No, sir. I see no hands at this time.
Planning Commission.
Oh, you want to make a comment?
Yeah. Well, I think the easiest one is, yes, we confirm that we're acceptable to provide those and we agree to those in the meeting.
They're all incorporated and you asked me to submit a revised plan, which will be submitted.
Ena Solomonic with the Planning Commission.
The comprehensive plan recommends no change to the existing commercial mixed-use CMX2 zoning at this location.
the application is for a complete demolition and new construction which could be built in
conformance with the zoning code the city planning commission recommends that the horde
grant the requested variance for ground floor residential use and second floor balcony but
deny the dimensional variances for rear lot line setback deny the maximum height variance and rear
yard depth variance as well as deny the minimum open area variance thank you um mi 2025 005
1-6-6-800-South
Darien Street
I vote yes with proviso
Revive's plans, two pages
stamped by CBA
December 3rd, 2025
Michael Johns, my vote is yes with proviso
Cheryl Gaston
my vote is yes with proviso
Snetta Graham, my vote is yes with proviso
Maya McAdams
my vote is yes with proviso
My vote is yes with proviso
So number 16 is MI2025
8005-005-171-801 South 9th Street.
Sean Whalen is the attorney.
Just for the record, Mr. Whalen, could you state your name?
Sean Whalen, W-H-A-L-E-N.
Do you swear or have we already did that once?
I don't believe we have to do the follow-up.
Why don't you start with your testimony?
I just want to note that to the extent your prior testimony mentioned this particular property,
it's incorporated into the record for this property.
That was my very first question.
I think the only thing I need to do
is this is a separate refusal
so I do need to
let Ms. Graham know
I waive the reading
I accept it
no issues
okay I'll ask
do you waive the reading of refusal
and stipulate to its accuracy
yes I do
please proceed
thank you
so again I won't go back over anything
that I've already gone over in the interest of your time
so what you're seeing here is 801 South 9th Street is now the right-hand side of
this so this is as if you're floating above Catherine Street looking south we
just talked about you know the the eastern portion which is the nine
townhomes now we're proposing 16 condos with 16 parking spaces in a single
building basically at the corner of South 9th Street and Catherine again you
can see the property here that already exists essentially this little tail that you see is
much of the dry vial and again what we get here are the same refusals so i won't go back over the
same reasons but we're also doing underground parking here that requires us to lift the
building just slightly uh we also have the same rear yard depth rear balcony issues and refusals
here um and the fact that we're going too close to the rear property line the uh other primary
refusal we have is that originally we were proposing no commercial space here we were going
to have just purely residential uh part of that extensive rco process that i walked through and
that the Bella Vista neighbors, Mr. Lair, just spoke to
is that we are now including commercial on the first floor.
So we are curing that refusal.
And the neighborhood made clear that South 9th Street
is a very different block than South Darien,
even though they touch each other, essentially.
South 9th Street still has this commercial character,
and they really wanted that maintained.
and so that was a large part of the changes that we made.
And so that was a large part of the changes that we made.
So again, let me...
So awkward to do with one finger.
So again, what you can see here, South Darien Street is on the right-hand side.
You have the same single curb cut.
We're getting rid of, again, all those curb cuts.
You're going down the drive aisle and then up here, and you're going there, 16 parking spaces underneath this single building.
This is a much larger property.
Again, this is about 12,000 square feet of the roughly 22,000 square feet total property, also CMX2.
um and you know again this was previously approved for uh double the density essentially
with half the number of parking spaces uh that was determined not to be really conducive to
the neighborhood and in in fitting with how this will work so this will be a single building with
16 condos first floor commercial we have agreed with the neighbors to you know add additional
glazing along the commercial side to really make it look and feel like commercial along the block
that commercial will wrap you know 30 feet around Catherine so it really you know creates that
corridor again we have the same hardships here which is you know we're trying to create the
outdoor space uh in the same argumentation that we did just walk through we have the outdoor space
and outdoor balconies um and a roof deck and here um you know this is the least minimum variance in
that we can you know not really go much smaller as far as number of units in order to still make
a viable project and you know this this is completely in fitting with what the neighbors
wanted to see here and adding that commercial again this rendering will change somewhat based
on our discussions with the neighborhood you're going to see a lot more glazing at this corner
but this is you know aside from the glazing that we're adding again you're having 100 brick
and ultimately we came to overwhelming support again it was 35 to 4 when we took that ultimate
vote and you know essentially every again in this instance almost every nearby neighbor you know the
The ones within the 250 feet resoundingly voted in favor.
And, again, I have just the documentation for you.
So if you have any questions, I'm happy to answer them.
I know I blew through that pretty quickly, but I feel like I did much of the argument beforehand.
Why don't you have your client adopt just what you said now?
You've already been sworn to state your name for the record.
Ori Feibush.
I'm so sorry.
You want to testify? Just very briefly, some shuttle hallway.
Sorry, I do adopt Sean's testimony. Some shuttle diplomacy in the hallway. I know you can't take
a proviso on this, but at least I can read it into the record. We agreed to carry the columns down on
the same plane that are on the upper floors all the way down to the ground floor to create more
presence and also extend the glazing from column line to column line along the entirety of the
commercial there. And I just wanted to at least read that into the record so that I was honoring
my commitment in the hallway there. All right, thank you very much. Questions or comments from
the board? Questions or comments from our attorney? Yes, Mr. Chair. So I just wanted to
indicate Mr. Whalen and I were having a conversation this morning because the
The applicant is committed to putting commercial space and removing one of the refusals in
order for there to be revised plans that actually have to go through the amended refusal process,
but in discussions we decided that a proviso would be appropriate in this case.
And I'll read into the record again when the board votes if you decide to grant, but just
a proviso indicating that they have to provide the required commercial space and that the
a use registration will be required prior to occupancy of that commercial space i'll have
you do that when we yes i will questions or comments um from the coordinating rco
yes chair i have a hand up by the name of marie line german they have been allowed to speak
Marie Lein, German, they have been allowed to speak.
And Mr. Trey, I believe the RCO actually has comments on this as well.
So if we could hear from them first, Ms. Joshua Lehrer.
He did testify.
On this particular.
Mr. Lehrer, why don't you come back?
I'm coming back.
Okay, thank you.
Mr. Lehrer, you've already been sworn.
Just for the record, state your name.
My name is Joshua Lehrer, L-E-H-R-E-R.