on how this property is used its location we got to look to some sort of analysis and so that's
That's where I came up with CMX2 as the thing that makes the most sense.
So just showing that right here, what we're proposing is a lower density, a less intense
use than the existing properties on this block.
Thank you.
So I think you got that.
I just also want to say it's Broad Street.
We're located next to great public transit access so this will have a minimum impact
on traffic, congestion, all that sort of stuff.
The other thing, the other one was for maximum occupied area, and I just want to show here, we are meeting and exceeding the rear yard requirements.
We have a 16 foot rear yard plus a four foot alley.
So the rear of our property is going to be 20 feet away from the neighboring property line.
And as you can see in these photos as well, in the aerial views, many of these properties
are actually at or very near 100% occupancy.
So we have plenty of space, even though we're not technically meeting the open space area,
we have a really large backyard still.
And we were building actually shorter than the surrounding buildings.
So we did meet with the RCO twice.
The first time we obviously proposed six units, their biggest concern was the density.
So we came back, they asked us to come back and also make some of those aesthetic changes
that they asked for, visual interest, better windows, less modern.
We came back with five units, they asked for a further reduction and we agreed.
So they wanted to see four units and they wanted to see no more than two bedrooms per
unit, which we agreed to.
we also made other changes like I said the aesthetic changes we agreed that any
signage wouldn't be more than 40 square feet the commercial trash pickup and I
have a list of these provisos I can go through that we kind of agreed to no
dumpsters in the front of the property no tenant access to the roof commercial
trash pickup so we basically have done everything they asked us to do okay the
The only thing that we haven't, that we didn't specifically agree to, they were looking to
have one or two street trees in front of the property.
one or two street trees in front of the property.
We don't object necessarily, but there are some-
We don't object necessarily,
but there are some infrastructure things
that might prevent us from doing that.
So any proviso, we would ask for some leeway
to not have to do that if streets doesn't allow us
just to hold, not to hold up the project.
So I would just say,
I can go through those specific provisos for you
that they wanted and we agreed to.
But in summary, I just would say
this new construction property,
family-run Vietnamese restaurant,
for residential units it's in character and less dense with the surrounding properties on this
block it is the least variance possible as it's lower density and fewer fewer units than we're
seeing typically on this block it's also less units than historically have been on this property
um and less occupied area than the surrounding properties um it's not a single-family block
and so it would be a hardship for us to have to build single-family homes
why don't you bring your client on sure andrew are you here
andrew andrew one please raise your virtual hand
and if not him just seen or charlie
is there anyone in the audience relative to this property
andrew one is in the audience okay thank you
i don't know if i'm going to speak real quick
hello hi andrew hi sorry i was having andrew listen to me andrew could you please
Andrew, listen to me. Could you please state your name and spell for this themographer?
Yes, my name is Andrew Nguyen. First name is spelled A-N-D-R-E-W. Last name is spelled N-G-U-Y-E-N.
All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
All right. Counsel, please proceed.
Sure. Andrew, did you hear my testimony here today and believe it to be truthful and accurate?
And would you adopt it as your own?
yes thank you um hilary we we don't have a letter am i correct
that is correct and we also don't have any provisos well yeah so we we yeah we don't have
any letter or any requests for provisos from the rco um do you um miss bazillo do you have any
anything from the rco regarding the provisos or the their position i don't have anything in writing
no i just have what we what we um agreed to verbally in the meeting i can
um have mr win testified to that or i can testify myself
they didn't submit something no i mean they didn't submit them so we're you know we don't have to do
the rco at this point right i mean yeah i i don't i don't unless we'll see if there's anyone here
Is there anyone here representing the RCO and the audience?
Chair, I do not see any hands.
All right, questions from the board.
I know you mentioned provisos.
Since we don't have a letter from the RCO, what were the discussed provisos?
um so they were that um maximum four units which we obviously are happy to comply with
um no dumpsters stored in front of the property commercial trash pickup um
the signage would be limited to 40 square feet um the roof deck would remain locked and not accessed
by the tenants and um the trash would be stored like there would be trash clock ventilated trash
closets for the residential units and when you say the roof tech's not accessible by the tenant
they meant the commercial tenant um all tenants it's it's for the building owner's use to access
mechanicals and such on the roof.
They're going to put up
I'm sorry.
They said there is a pilot house?
Yes, there is a pilot house.
And there's no signage
proposed at this time, right?
There wasn't any on the application.
It was unclear. It was submitted
with a sign, but we didn't receive any
refusal, so I'm not sure if L and I
there's been some confusion about the sign
and I haven't gotten a quite
straight answer we discussed that if it's not if these zoning board does not
believe it's included in this we will resubmit while we're going through the
resubmit while we're going through the process of getting building permits and
process of getting building permits and stuff like that
stuff like that for this for the sign separately yeah you probably I think you
need to it's not included in the description so okay usually usually they
will it's either in there they'll say no signage it's just not in there yeah I
was unsure unfortunately that it's not included I understand that's understandable
that's kind of where we were too we were a little confused but other questions
Can you pull up the third floor plan again?
The residential unit?
Yeah, here we go.
So, and I know where Ms. Wynn is getting at, and so you can go ahead, Ms. Wynn.
You can do it.
But it seems somewhat specious that you're doing a switchback stair with a pilot house all the way to the roof deck and not providing access to the tenants.
Makes no sense, right? Because if you just provided access for the owner, you do a ladder.
Okay. You know, you don't need to do all that because once you get the HVAC units up there, that's kind of it. Doing a pilot house and putting rails up and all that is, eh, looks like you're going to do a roof deck for access for the tenants.
So that is very questionable that you would agree to a proviso to have no access for the tenants for the roof deck and have it designed in such a way that it only makes sense to have access for the tenants.
um so that's my comment on that the units are a decent size yeah I think that what it comes down
to is that it is the the owner who is going to be running the restaurant um I can let Andrew
maybe comment um that they wanted it for their use um but not for like a so for the restaurant
so for the restaurant use well not for the restaurant to have like Andrew Andrew would
you mind um maybe weighing in on let's bring them along please we're gonna get a little late here
yeah Andrew yes I'm here I Andrew what what's your intention with the roof
the intention for the roof is just for maintenance purposes but
we're not expecting to allow tenants up there and yeah it's really just for maintenance
to be clear I will reiterate what board member John said is true it was designed obviously for
made for use I mean it's fiberglass and it has a railing that goes above the other buildings next
door so I mean I do say like I would design it so that it doesn't look like it's intended for
use if that is the proviso you're going to agree to I understood okay other questions
questions or comments from the virtual audience are you okay just just one comment on the um if
the board decides to adopt with provisos um we just we need an updated proviso form that indicates
the reduction in units from six to four it's showing on the plans but it needs to be listed
on the proviso form for l and i thank you understood questions from the virtual audience
no further hands mr chair planning commission thank you chairman and good afternoon david effecto
with the city planning commission chairman and board members the comprehensive plan recommends
no change to the rsa 5 residential single family zoning at this location the city changed the zoning
in this neighborhood in 1998 in a council supported map change most of the buildings on the west side
of the 2200 block of south broad street have historically had multiple dwelling units and
professional offices the proposed multi-family dwellings with brown floor restaurant which
matched the character of the buildings on this block face the city planning commission recommends
that the board grant the proposed use variances for multi-family use and a sit-down restaurant
Hillary just just for curiosity if we go to uh provisos maximum four units trash stored inside
um yes we can we can do that um as well there's one page of revised plans what's that again one
page of revised plans and my 2025 0 0 5 8 9 4 21 18 south broad street i vote yes with proviso
maximum four units trash stored inside uh one page revised plans so it's the roof deck can you
provide on no roof deck access is that something you can provide or no um you could limit um
rooftop rooftop access um for maintenance only
Rooftop, rooftop access for maintenance only the question, but that doesn't answer his point about changing the design either. Right?
I mean, you could say no pilot house.
Um, and they have to be accessed another way with that.
It's not the neighbors.
right okay um let's leave it where we are okay okay mike all right uh mike johns my uh vote is
yes with provisos cheryl gaston my vote is yes with provisos tennetta graham my vote is yes with
provisos mcadams my vote is yes with provisos taiwan my vote is yes with provisos
thank you thank you and i will submit that revised proviso form today
all right number 16
mi 2025 006 618 616 westview avenue mark danik is the attorney
no cr letter we still don't have an rco with this hillary um oh no we did get so we did get an rco
letter today so it was a letter of unanimous support that's right that was this morning that's
mark dennick if you're still in a virtual audience please raise your hand to wait to be sworn in
thank you
let's be back in control chair sure thank you
Mr. Danek?
Hi, Mr. Danek, could you please state your name and spell for the stenographer?
Mark Danek, M-A-R-K-D-A-N-E-K.
I'm an attorney sorry good you swear or affirm to tell the truth the whole truth
nothing but the truth I do you identify your client a relationship to the
property I represent Yohannes Yarka seller and Lucy Bell Yarka seller they
are the owners of the real estate and we do now have a letter from the RCO in
favor of it our vice chair has a few questions good afternoon have you
submitted your documents and exhibits five days in advance of this hearing
yes and do you waive the reading of the refusal simply to its accuracy
yes okay thank you you can share your screen proceed with your case
so it's usually a green button at the bottom yeah i'm just trying to get to the right
a bunch of things popped up uh should be this should be it uh do you see the the pdf program
yes with a cover letter yes yes we see the cover thank you um
uh my clients uh own a residential home in West Mount Airy um there's an existing garage
on the property that they intend to convert into an artist studio for Lucy, one of the owners of
the property. We were referred by L&I for a zoning hearing based solely upon the issue of the
garage itself. The existing garage is 300 square foot, where only 130 square feet is allowed.
um the uh use as an artist studio is permitted uh in the district um what i believe necessitated
this appeal is um if you look on the opa records they don't appear to have any record
of an existing garage on the property um but i can show you let's see what do you want to show
what he shows the car thank you yeah so this is the photo of the existing garage and you
You can see it's an old construction.
It matches the construction of the existing home.
And this is a side view.
You can see the slope of the hillside on the garage.
This is the other side of the garage. Another rear shot of the garage. And then this is the
This is the other side of the garage.
Another rear shot.
interior. The owners have primarily used it for storage ever since they've had the property since
March of 2014. Ellen Happ is the architect of record. She worked with Ellen and I on the plans.
You can see the existing home here. This is the garage. This is the driveway.