ZBA Hearing - October 6, 2020

of making certain that everyone understands what is in the community benefits agreement

so that they can make a decision whether or not to support that is that accurate

no i would say we have authority to enter into what we actually did enter into

but as a community organization we're always willing to listen to our members

Well, that's what I'm asking. That's what I'm suggesting, is that those near neighbors on

Madari and Park Avenue that may not be aware of the community benefits agreement, I'm asking

that you and or whoever is on your board make that community benefits agreement

known to them so that they can make a more informed decision as to whether to support or

not support mr chair i also sorry this is hillary also the rco meeting hillary sorry can you hear

me now you broke up start again please yes sorry this this is hillary i just wanted to note that

in the meeting report that um that olka sent in it indicated that 22 of the affected addresses

versus seven were in opposition to the project that was the vote that they took at the rco meeting

So that clearly shows that there was opposition, strong opposition among the community at the time that this originally was met about a few weeks ago.

But again, that was prior to a community benefits agreement.

One that the neighbors were not participating in negotiating.

Right. I understand that. And that's why I'm asking if it's the applicant or Ms. Wilson or whoever runs the RCO, that they would make that community benefits agreement available to those folks who had not previously been made aware of what's in the benefits agreement and to see what, basically take a temperature to see what, if anything, if it changes their mind or not.

right right Sharon it has been an evolving conversation so when Hillary makes reference

to something that happened a few weeks ago that may be true but that is not what the current

that's not what the the current feeling is that was expressed to us and as you said we have no

problem with going out and showing the actual agreement to people that's that's not a problem

that's not a problem we we we're fine with the debt transparency i would just note that i talked

we we we're fine with the transparency

transparency.

to two neighbors this morning and they both told me that they were still ardently opposed to it so

and don you know which you name which neighbors because we met with them um last week there were

four neighbors in that call so you know which neighbors we were referring to i've asked multiple

times what i mean can you tell us now on the call on this call which neighbors are opposed

And again, I sound like a broken record.

They may be, it sounds to me that they may be neighbors who have not yet seen the community

benefits agreement.

Not suggesting that they will change their position, but we don't know until they see

it.

Mr. Chairman, but without even facts with real names and real addresses, how can we just

continue this case?

I mean, one of the neighbors on the call was a Ms. Barbara who lives directly across the

street.

her concern had to do with the exit onto Madari and we've eliminated the exit on

Madari so her concern has been addressed Miss Joanne's issue had to do with the

fence we've addressed that issue so unless a specific name and address can

be raised here today there's nothing of substance sure we do have other people

wish to speak is it okay i i it is okay i just uh i don't want to go around in circles again my

assumption is that some of the folks who are calling in in opposition may not have seen that

community benefits agreement and i'll repeat it may not change their mind but at least i'd like

to know that everyone has given was given a full opportunity to see everything that's being proposed

only by the applicant and and that includes a community benefits agreement

so we have to figure out what the logistics would be

and i don't want to cut people off but we might be talking about something today

that becomes acceptable to some of the folks who are against it today i don't

know understood and all of the concessions

all of the requests um have been addressed and you know

perhaps we can agree to a very brief continuance in order for

this to be sorted out yeah that's what i'm going to suggest and i don't want to keep people on the

line because again testimony may change it may not i don't know but it may

so tanya any suggestions on how brief we can continue this case

and it'll only be for well testimony could we limit it sharon testimony from the rco

So the idea would be that we can do it for one week as a resumption hearing, if it's okay with Sharon, to allow brief, brief testimony, because we have a full docket.

so it would be coming back for any testimony from i assume um ms emerson the rco or any

individual affected neighbors who um disagree with the rco correct and that's fine and uh mr

chairman i do have a brief statement that i'd like to make on behalf of addressing the variances

and i can make that next week okay and i just would miss miss emerson is still there

uh yes i muted her uh hillary you can unmute yourself yes i'm here i i you you want you

understood what we're going to do here correct and and i would ask that there'd be full cooperation

between the rco and the councilwoman's office that on notice on notification as it relates

notification of the art of the community benefits agreement and any other outstanding issues

that's fine mr chair i just ask if it would be possible to let a couple of the neighbors who

have been waiting just speak briefly very brief because again things may change i understand

so we have um joanne who would like to speak who's one of the persons who says they're affected

Joanne you can unmute yourself wait to be sworn in. Joanne please spell your first and last name

and give us your address. Sure my name is Joanne Eggleston E the first name J-O capital A-N-N-E

last name Eggleston E-G-G-L-E-S-T-O-N. Your address? 6302 North Park Avenue.

Thank you, and do you swear and affirm to tell the truth, the whole truth, and nothing

but the truth?

I do. And I've actually been the neighbor that they've been referring to as being in agreeance.

I do, and I've actually been the neighbor that they've been referring to.

And I am not in agreeance with the auto zone being put there. My house is adjacent. My house

is the house that they were talking about. They did come out because I needed them to see

the gap that was in the between the fence that's currently there in the back of our house.

And that is part of their property. So when we were on the Zoom call, and I'm so surprised

by and i was the one who she sent the um the agreement to and i'm really surprised that oka

agreed to this considering i and it's crazy because i was so upset i went around and got

um neighbors to sign we have neighbors i have four sheets of neighbors who have signed the

petition saying that they are against this auto zone one of which is one of which is i'm not i'm

still talking, one of which is Barbara. It's hearsay. It's hearsay. You have to speak for

yourself. Hello? Okay. She can unmute herself. As long as you talk over each other, we will not be

able to speak at all. Please. You can unmute yourself and speak. What I was saying is I don't

know how I would get these to you, but I have signed four pages of signed petition of neighbors

who are in total disagreeance and they're really upset about um the oka agreement i don't even want

to say what some of the neighbors said when they so i i and i am that neighbor that they were

referring to and i did not agree i only i don't think that i suggested that there was an agreement

with her i didn't hear her sorry i just had an objection to her um characterization of my

statement i indicated that we addressed the concern regarding the fence between

ms eggelson's property and auto zone you did thank you all right ms eggelson yes

i'm sorry you're muted

have a petition yeah yes i actually can share my screen of two of the pages because i scanned them

and i had was that that petition was taken prior to the community benefits agreement correct

it was taken today when some of them it was so we no one saw the agreement it was sort of hearsay

that this was what happened and i have neighbors on my block neighbors on madeary like i said i

have four pages of signed okay uh you can submit them to us uh miss sunker will tell you how to do

that and mr chairman it does sound like there's perhaps there's some miscommunication because i

can tell you that every request that's been made we've addressed in the community benefits agreement

and within meetings or emails so as you mentioned we're happy to continue to talk to the neighbors

and come back next week i don't want to belabor this application but i just sounds like there's

a few loose ends things may not change people may still you know be supportive or non-supportive

but i want to make sure we have all the loose ends tied up all right so is there anyone else uh

hillary i don't know if there's um if there's any other neighbors that wish to speak at this

time or if they wish to reserve their comments for the next hearing well i would appreciate it

if they'd be willing to wait till next hearing that would be helpful yeah i can't see who who

all is on so so why don't we do that uh tanya do we have a date yes next tuesday at two o'clock

mr chairman i would just ask that the names of these quote near neighbors are released to us

that way we're fully aware both sides both sides will have to share the information on both sides

And that we are able to talk with them.

So calendar number MI-2020-000826-6301 North Broad Street.

This hearing is being resumed until Tuesday, October the 13th at 2 o'clock, Tanya?

Correct, Chair.

Two o'clock, at which time we will consider any feedback related to the RCO.

No need to post, though, Dawn.

Okay.

Thank you all.

Thank you.

Okay.

Medium item MI 2020-001190, 6778-84, Bridge Avenue.

we have mr. DeMarco promoted to panelists

We have Mr. DeMarco promoted to panelists for this case.

Good afternoon, everybody.

I'm here.

Mr. DeMarco, you'll identify yourself.

You're still under oath.

Still under oath.

Richard DeMarco, I'm here for the applicant and owner.

Eric Marshall is on the call, I believe, also, and is my client and the representative of my client.

mr demarco have you emailed an exhibit packet with the required documents proof of ownership

proof of tax compliance copy of the refusal or referral photos and plans five days in advance

of this yes yes yes i did met with the rco and have a letter yes i did do that i did all that

i did coordinate with i did text with sharon and uh re-sent her the packet uh it did say that it

went through was two megabytes I'm not sure why she didn't get it but I emailed

it on Thursday on 1 25 p.m. and I do have a letter from the RCO we met with

the RCO we have a letter of support please represent your case thank you

briefly as you can yeah I could be brief this is a special exception case I'm

going to share my screen in a moment here i'll bring up the exhibits

it's a special exception case mr chairman this is an existing commercial space

within a property that is uh was legally constructed with an over-the-counter

permit for the cmx 2.5 zoning classification

again just a special exception due to the overlay the ridge

avenue overlay a medical practitioner requires a special exception even though um we actually did

try and here's the referral uh you see here we're not required to prove hardship uh the reason for

the referral and i i'll try to be brief it's an overlay i don't actually believe that it's a really

a medical office in that sense of the word i believe our doctor our optometrist is on the

call as well. He's an optometrist. He does not do surgery or administer anesthesia. He measures

eyeglasses and sells eyeglasses, but he is a doctor, so I think that's why Elle and I insisted

that we go to the board. This is our application for special exception. Met with the RCO. They

understood. We have both RCOs support, by the way. I'll show you the layout. My client produced a

nice that's the existing structure there's other business uses this is

Ridge Avenue which is a commercial mixed commercial residential corridor but

there's a lot of commercial that's our floor plan there's really no medical

waste as it's defined but you know obviously the optometrist is going to

handle any trash appropriately and in a you know in with compliance with any

regulations again there's no medical waste so that so to speak this is his current location

um he has to move to this location his lease is ending at the other location i see you still

haven't mastered the rotation of your i know i you know i'll take a course on that mr chairman

uh i don't know what else i tried to play with these parts i'll move on this is the notice

these are our proof of mailing we did all the mailings consistent with the current code for

the zoom meeting that we had with rich park civic i'll show you the rco letter in a minute

existing photos that's the notice posted on the property updated tax cert deed

let me give you sure I'll show you the RCO let's make sure you can see the mixed-use nature of

Ridge Avenue this is our building here and you can see other commercial uses some residential

Ridge Avenue this is our building here and you can see other commercial uses some residential

but commercial in nature and again this this is our property you see the CMX 2 zoning CMX 2 here

and here an existing commercial space that needs a tenant i'll i'll go to the rco letter

oh i just want to show you the old permit

that's the building that's the current structure this was an over-the-counter

we completely complied with the uses this is the permit uh you can see here vacant commercial space

we didn't expect to have to get a certificate for this but there's nothing unusual about it

uh i'm going to call oh that's the old that's my case a minute ago sorry here it is

here it is here's the rich park seven association support letter this is our

here's the rich parks have been associated

our doctor right here let me ask eric marshall to be recognized so he could

adopt my testimony and answer a quick question

barrack's on the call

i'm on uh mr marshall please identify yourself for the record

Sure.

Eric Marshall, owner of 6778-84 Ridge Holdings LLC.

And you swear and affirm to tell the truth, the whole truth, nothing but the truth?

I do.

Mr. DeMarco?

Eric, just briefly, did you hear my factual testimony adopted as your own as true and

accurate?

Yes.

Is there anything unusual about this office that would make it unusual for Tomister's

office as far as you know?

No.

uh and is this an existing commercial space where this is the tenant that you have been

able to identify for this space yes okay uh is the optometrist on the call uh

i believe he was going to participate i just want to ask him one quick question

then we can be done with it

there he is jeffrey jeffrey brosall yes i'm here

Doc, would you please identify yourself, spell your first and last name?

Sure.

My name is Jeffrey, J-E-F-F-R-E-Y, Brosof, B as in boy, R-O-S-O-F.

Doctor, did you hear my factual testimony?

Can you adopt it?