please for the court reporter yes Ryan Boland R-Y-A-N B as in boy O-L-A-N-D right
Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you identify your client, please?
Yes, my client is a tenant La Fugata, Inc., and I'm being joined here with one of its shareholders.
It's a husband and wife, but I'm here with Eduardo Marin.
Do we have another attorney out there, Hillary?
Yes, Mr. Chair.
I see you're coming back in as a panelist.
good afternoon mr chair can you hear me yes could you state your name please and spell for
the court reporter yes name is sean livesey spelled s-e-a-n-l-i-v-e-s-e-y do you swear
for him to tell the truth the whole truth nothing but the truth i do and your client sir yes my
client is el realty the owner of the adjacent parcel which is actually 180 west duncannon
And I want to clarify that the applicant is 180 Weston Cannon Unit A, and there's a distinction.
I'll proceed.
Thank you.
Hi, Mr. Bowen, proceed.
Yes, Mr. Chairman, members of the board.
I'm here today with the support of the RCO and all of the neighbors who attended the RCO meeting.
And what we're seeking is the permission to move La Fogata Bakery's retail operations, which are half a block away in an RSA 5 district, into an I-2 district, which is for the purpose of alleviating existing traffic conditions.
So they'll be moving it from a corner in an RSA 5 to a large shopping set.
And we're here today because there's a refusal on two bases. First, the I2 zoning district
doesn't allow a takeout restaurant, which is what this bakery is categorized. And there's also a
refusal because out of an abundance of caution, we also applied to make sure that it was legal to
sell the Alka-Seltzer and Tylenol that are next to the registers. So the original location of the
bakery and this is a business that's been in the neighborhood for over 20 years family run it it
is um and let me share my screen with you okay it the original location of the bakery and i'm on the
zoning map here it's right here on on the corner here of second and duncanon it's going to be
moving right here um it's going to be moving right here this is new construction there there's a um
it's the unit right here on the front um so what what we're doing here is this the the old location
um it's going to continue doing all of the commercial production all the production for
all the commercial accounts but we're going to be moving the retail across the street where we have
parking. There's also business services going to be provided here for the community. And that is
not a subject of the refusal. That's just helping out people with bill pay and other things like
that. This is a, I'll just take you through the pictures real quick. So it's this top unit right
here. We have the AutoZone here. You have the Five Brothers Grocery Store here. Here's a more
Here's a more of a close up of we're at the top here.
of a close-up of we're at the top here.
Here's all the parking. This is a map just showing where the old or where the existing location is, where which will remain commercial.
I'll keep scrolling down. This is directly across the street to the north. You see a collision center.
This is the Seven Brothers grocery store that's also in there.
This is looking to the west at the existing location. This is the existing location of La Fogada. I'll just keep scrolling. This is looking down towards the location. It's just here past the old railroad tracks. Here's the auto zone across the street. Again, just more photos. Here's the site plan.
So there's a dry cleaner right here. We're going to be in the yellow space here.
But it would be a hardship and really would harm the community if we're not able to move the retail portion of this bakery to the industrial new construction across the street here.
I'm not going to take the board.
What was the vote of the 42nd Ward?
were submitted. What was the vote of the 42nd Ward? It was unanimous in support. I can tell you
exactly how many. Here's the letter, which is attached as an exhibit. Four on the board and
four other for the affected addresses. So I guess that's eight to zero. And it says there were
10 attendees, which I believe includes me and my client.
So I can take you through the other ones, but we've also included our tax clearance certificate,
the lease, photographs of the posting, and my client is here who can answer any operational
questions and can adopt my testimony. Mr. Wivesy, do you want to jump in here?
yeah so my questions really revolve around parking and trash so if it makes sense I can
I can question the applicant or I can I can ask Mr. Boland I think it's probably best to get
Mr. Marin on the line since he can better answer those operational questions sure okay
eduardo if you can raise your hand please eduardo mary please unmute yourself and wait
for the chair i sure could you please state your name and spell it for the court reporter
eduardo please mr mary please unmute yourself
Mr. Maverick?
Chair, I don't know if he's having technical issues or not.
Are you able to unmute him?
I can unmute him on my side, but he has to unmute on his side.
Got it.
Mr. Bolling, can you try to answer some of these questions?
Yeah, yeah. Let me see what I can do.
Okay. So the first question would be, what's the total number of parking spaces that are available on site at 180 West End candidate number A?
I would have to look at the site photographs to tell you that.
I'm looking right now at the map, and it looks like there's approximately 20 parking spaces that are directly adjacent to the building.
Okay, and do you know how many, based on the size of the institutions that are on site,
it would be the laundry and the new proposed use, do you know how many spots are required under the code?
I don't believe there's a specific requirement here.
I believe there is based on the type of use.
I believe there's a number of parking spots per square footage that's required.
And the reason I bring this up is because I know that during the RCO meeting,
my client expressed to me that there was concern over the fact that this is being relocated because of the tight parking.
And my clients own and operate this grocery store that has parking issues already.
So they're concerned by the fact that if there's overflow or just for the convenience factor for people who may be using these new proposed uses, they'll start parking in this other parking lot.
They already have an issue with people who park there for the laundromat because there's overflow into their lot.
And they're concerned because it creates an issue, you know, a bit of a hazard.
And they're concerned because it creates an issue for a bit of a hazard, it's not good
for their clientele to come to an overly crowded parking lot.
So I just want to be very clear about that.
And if the Board would be interested in putting some kind of proviso with respect to parking,
I think that would go a long way, if you have any response.
it is mr is eduardo maron is he eduardo are you unmuted now we can't hear you
mr maron can you please unmute yourself
chair he looks like he's unmuted but i don't know if he's having technical issues or not
because he is unmuted.
Mr. Ball, we can only do what we can do.
We can't get on.
Understood.
I mean, my response to that is
if there's 20 parking spaces here,
you know, this is really a private issue
that I'm not sure what we can do
to enforce whether or not
there would be people parking in your client's lot
Or if, you know, people from AutoZone are parking there or just anyone else in the community short of throwing up signs.
I mean, I'm not sure how our business is going to cause a particular problem that any other that really having any other business at that location is going to provide.
I don't know what's really unique about that.
I just understand that at the current location at Second and Duncannon, it's all street parking.
There's nowhere to park.
So my understanding is when one customer goes to run in to get an empanada, that customer might double park and completely back up traffic in a couple directions.
So I don't believe that with the quantity of customers that would be coming in, that that would be any sort of impact.
And I can't imagine that this bakery business would be something that would be significantly impacting your client.
I don't know what the hours are, but in the RCO meeting, what my client explained is that they will be operating the business.
It's a bakery.
They get up before the sun rises.
It's going to be 5 a.m. to 3 p.m., Monday to Saturday, and 7 a.m. to 2 p.m. on Sundays.
So I'm not sure if your client, you know, has is going to be busy at the same times if it's more an after work crowd versus, you know, versus on the way to work in the morning crowd.
Your points are taken. I think we're not really here to compare the inadequacy of the current situations parking versus what's proposed.
It's really what's required at this new site under the zoning code. And we're not asking for special favors or a private arrangement.
We're asking just to ensure that what's required is enforced.
We want to make sure that there's sufficient parking provided for on site.
And that's because of the overflow that I'm talking about.
We're not going to be able to control all of the traffic that goes around.
It's not what we're expecting to do, but we want to be able to be prepared for it with adequate parking.
So we want to make sure that your client is providing parking.
And I just want to see proof of that before the board approves.
i i can i'll share my screen again but i can i can show all of the um parking that that is
available um for the businesses hello mr boland this is hillary this was a change of use application
is that correct correct there were no plans this is new construction that there yes there is new
construction it's a change of use we're just a tenant but it's my understanding that this
that this is a will be the first 10 and occupying the space okay okay um because if there were no
if there were no plans submitted and parking was an issue i would think that the number of parking
spots would have been noted on the refusal um there was no indication of parking spots on the
refusal um if mr lives he would feel more comfortable his clients feel more comfortable
i can double check with ellen i about parking requirements the board can hold this for a week
and I'll just check on that. We can vote on it next week. But as far as I can tell, there was no
review for parking done based on the information provided on the refusal. Hillary, thank you very
much. That would be much appreciated. And my concern is that there might be confusion on part
of L&I with respect to 180 and 180A, because I looked at Atlas and it looks like there may be
some zoning approvals for 180 that are on it that were categorized on it.
zoning approvals for 180 that were categorized under the 180A account, essentially. So I just
wanted to make sure that L and I had that straight as well because it wasn't called out. And if it's
legitimate, then that's absolutely fine. The other question that we have is about trash and where
the dumpster receptacles will be placed since currently there are dumpsters for the laundromat
and it doesn't seem like there's necessarily going to be space for dumpsters for a bakery.
So I'm not sure if that's been addressed by the applicant in the plans.
I am not certain of the exact location of the dumpsters. I know that Mr. Eduardo Marin,
who it looks like is here, but his microphone isn't working, but I do know it's going to be
empty twice per week hello oh i got here hello hi could you state your name please and spell for
the court reporter hello hi hi could you state your name please and spell for the court reporter
yes my name is eduardo and the last name marine first name e-d-u-a-r-d-o last name m-a-r-i-m
right do you swear or affirm tell the truth the whole truth nothing but the truth
Yes, I do.
Mr. Bowen, proceed.
Mr. Marin, did you hear the statements I gave today?
Yes, sir.
And were they true, correct, and accurate?
And do you adopt them as your own?
Are you able to see my screen right now?
And can you describe for me where it is?
Do you have any idea where the trash dumpsters will be in order to ask?
The dry dumpsters will be located on the sides of the laundry.
They got two places in there.
One of those places is going to be used for dumpsters.
Already they have dumpsters in there.
So it'll be in the existing location on the south side here, like where I've shown that box?
Yes, that's enough room over there for dumpsters, for two dumpsters.
And what's your understanding as to how many parking spaces there are available for all of the tenants here?
Well, the type of hours I operate, I'm pretty sure in 5 in the morning we're going to have all the parking lot already empty.
and my operations are from five in the morning to three in the afternoon and can you explain
for the board just when it is you're really busy and when you're slow just so for the benefit of
the neighbor i mean i would have happily discussed this well in advance of the meeting
had it been uh addressed to me but if you could just describe for the board when it is you you're
you're going to be busy uh there will be in the morning hours between five and nine in the morning
that's the reason we have that hours five foot three in the afternoon
okay and what's and do you have an understanding as to specifically how many parking spaces there
are for your building for all of the tenants at least 10 parking spaces
hello mr bone could you ask that question again
okay for us mr ball and you froze up there
sir how many parking places do you believe you have access to at least 10 spaces okay thank you
i'm located yes okay thank you
mr chairman it'll be all right if i asked uh mr edward i don't know that i think he'd have to
have his council present while he's right he might not be on if he's froze i don't know that we can
do that you're right yes can we just give him a moment to come right back in that's right that's
fine yeah
are you back yet
Hans, are you back yet?
chair i don't see his name as of yet
hillary is there any way we do a result of hearing for this so that
we could finish this next week mr well mr chair if you
if you just wanted to hold on a minute. He's coming back in. Okay, great.
I apologize. Okay, so Mr. Livesy wants to ask your client a few questions, okay? Okay, sorry,
thank you. Proceed. Okay, so I guess the first question was, do you expect that the place where
you indicated the dumpsters to be placed to take up some of the 10 or so spaces?
Mr. Marin?
Can you repeat that question again, please?
Yes, yes.
So you indicated an area sort of south of the current building