and that the site will only be used for maintenance and storage, not for wholesale distribution or retail purposes.
Thank you.
Sharon, are they enforceable?
They are, yes. Thank you.
Okay, thank you. Planning Commission.
Good afternoon. David Vecto, City Planning Commission, Mr. Chairman, members of the Board.
The comprehensive plan recommends no change in the commercial auto-oriented zoning at this location.
The plan also recommends that the golf course be rezoned to open space.
The proposal for a maintenance facility for the golf course would not tend to have an impact on the surrounding properties.
However, we do note that for a light industrial use, the parking lot by code should be landscaped.
We recommend that the Board grant the requested variances with the condition to landscape the parking lot in conformance with code provisions for a light industrial use.
Councilor?
Mr. Klein, you want to respond to that?
I can respond only in saying that I understand the point that the Planning Commission is making, but that was not one of the requirements that Ellen and I reviewed this particular application under.
we certainly do intend to add some greenery to the site and to there is a buffer that the union
league is putting in along grand avenue that will that will screen off this facility from
general public view mi 2021-003-713-3351 grand avenue i vote yes with provisos
Carol Tumari, my greatest, yes, with provisos.
James Scowell, yes, with provisos.
Thomas Holliman, yes, with provisos.
Thank you, Mr. Klein.
This is Sharon again, just confirming that those were the two provisos that the application
should not be landscaping.
Thank you.
Absolutely.
Thank you, Mr. Klein.
Thank you.
number 11 mi 2021 003751 3743 midvale avenue east falls rco letter of support
east falls development corporation letter of support revised plans on one page eileen quigley
Eileen Quigley, attorney.
attorney
I agree.
She's coming back in as a playlist now, Chair.
Thank you.
Please state your name and spell it for the court reporter.
yes eileen e-i-l-e-e-n quigley q-u-r q-u-i-g-l-e-y
do you swear affirm do you swear affirm to tell the truth the whole truth and nothing but the truth
i do our vice chair has several questions for you
hey eileen do you agree to waive the reading of the refusal and stipulate to its accuracy
I do, Madam Vice Chair.
And with the exhibit packet, I'm assuming that you've sent in all of the required documents
because we have the letters of support for you.
Yes, that is correct.
Okay, you may proceed.
Thank you, Madam Chair.
Madam Vice Chair, I apologize.
It's been a long afternoon.
May I share my screen?
So, good afternoon, Chairman Bergman, members of the board.
My name is Eileen Quigley.
I'm here on behalf of Cresta Holdings, LLC, the applicant, and with me are Michael Murphy
from Cresta Holdings and the design team, Kevin Dow and Andrew McLaughlin from KD2
Architects.
As you stated, we did submit our exhibits, which include the deed, certificate of tax
clearance photos of posted zoning notices and site and surrounding area as well as the letters
of support from the rcos east falls fast forward east falls forward and east falls community
council we also have a letter from east falls development corporation we have a neighbor
petition which is in support of the application and we have a letter that we received today from
Councilman Curtis Jones in support of that of this application we are here today to request
a variance from the zoning code to allow for erection of a roof deck and pilot house on an
existing two-story structure located at 3743 Midvale Avenue the roof deck and I'm there's a
posting I'm want to find the zoning map for you here's the site plan the roof deck is an accessory
structure to the permitted sit-down restaurant at this site. As noted in the refusal, roof decks
are not permitted for commercial uses and this property lies in the CMX 2.5 zoning district and
is used for a commercial use as a sit-down restaurant. We did submit revised zoning plans
at Exhibit F and the revised zoning plans include a pergola that will cover the roof deck and the
proposed pergola will not cause any additional refusals. It's accessory to the roof deck
structure. It also complies with any relevant zoning regulations including height. So if the
board would choose to grant our variance today, we would ask that the board approve these revised
plans as a proviso to the decision. The roof deck here is approximately 749 square feet and also is
within the required height and setback limits, the proposed roof deck will allow the applicant
to maximize the use of the existing two-story building on this property,
given the property's irregular shape and physical circumstances.
This is a rendering of the roof deck and the pergola. This is the property, if you can see it,
it's in purple in the CMX 2.5, and note the irregular shape.
There will be recessed lighting within the pergola, so the lighting will be contained
within the roof deck area.
We also have committed to closing the roof deck at 10 p.m., and that was requested by
the RCOs, and we confirmed that closing time via a letter dated December 8th that was sent
from me to the RCOs and the East Falls Community Council included my letter with their letter
of support.
We believe that the proposed use is consistent with the spirit intent of the zoning code.
We also believe it's consistent with the commercial uses along this commercial corridor of Midvale
Avenue and that it meets the variance criteria set forth in the zoning code, including the
fact that we cannot get a dimensional variance because this is strictly for a use, so that will
not be cured by a dimensional variance. Also, this roof deck will not alter the
be cured by a dimensional variance. Also, this roof deck will not alter the essential
character of the neighborhood and will not affect light and air, and will also not negatively
impact the public health, safety, and general welfare. With that, I'd like to ask Mr. Kevin
down to raise his hand to Dallas state your name and spell it for the court
reporter. Hello.
Andrew McLaughlin, are either one of you on, Andrew or Kevin?
Mr. McLaughlin, you can unmute yourself and wait for the chair.
Please state your name and spell for the court reporter.
Can you hear us now?
I can. Please state your name and spell for the court reporter.
We're both on the same computer.
Kevin Dowell, D-O-W-E-L-L.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Oh, Mr. Dow, I just want to confirm a couple of things.
You are principal at KD2 Architects, correct?
Correct.
And you have been an architect for over 20 years, correct?
Correct.
And you can confirm that your resume is at Exhibit P of our exhibits that we submitted
to the Zoning Board?
Mr. Dow, you heard my presentation.
Can you affirm the accuracy of my presentation?
I can, yes.
And Mr. Dow, if you were to testify, would you adopt my presentation as your testimony?
I would, yes.
Thank you, Mr. Dow. With that, we would ask if the board has any questions,
and we would also like to enter our exhibits into the record.
Questions from the board?
No, Mr. Chairman.
No, sir.
Questions from the virtual audience?
Chair, we have Hillary Langer.
Ms. Langer, you can unmute yourself or wait for the chair.
Thank you very much.
Can you hear me?
Could you please state your name and spell it for the court reporter?
My name is Hillary Langer, H-I-L-A-R-Y-L-A-N-G-E-R.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Thank you.
Rashid?
I am chair of the East Falls Community Council.
We held the required meeting with neighbors and we heard no concerns about this project
except for those that have been addressed, which are the closing time and a suitable
roof structure over the occupants.
So we perceive full support for the project within the community and hope you can grant
this variance.
thank you for thank you very much for calling in any other comments
planning commission
good afternoon david vecto city planning commission mr chairman members of the board
the comprehensive plan recommends no change in the commercial and residential mixed use zoning at
this location the property is located in the midvale business district we do we do not believe
that a roof deck will have a negative impact on the block we recommend that the board grant the
grant the use variance with conditions on closing hours agreed to by the applicant and the rco
thank you david excuse me this is sharon miss quigley can i confirm that the two provisos if
The board approves this would be revised plans one day, one page, and deck to close by 10
PM daily.
Is that correct?
That's correct.
Ms. Saleto.
Thank you.
MI 2021 003751 3743 Midville Avenue.
I vote yes with provisos.
Harold Teneri, my vote is yes with provisos.
James Snell, yes with provisos.
Thomas Holloman, yes, would provide those.
Thank you very much.
MI 2021-003-758-4202 Fairmount Avenue, RCO West Belmont Civic Association,
letter of support, Alan Nocklipson is the attorney.
Alan Knocklebson is the attorney.
Chair Clementa Amazon is coming back in as a panelist.
Thank you.
Good afternoon, Chairman and members of the board.
Clementa Amazon.
That's fine.
You wrote in its work.
Thank you.
So I will just go ahead and share my screen.
Ms. Amazon, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
And I'm assuming that in that exhibit packet everything has been submitted?
Yes, everything has been submitted and we do have a letter of support.
I see that from the West Belmont Civic Association.
You may proceed.
Thank you.
So again, today I'll be presenting 4202 Fairmont Avenue.
This is a very straightforward request, and I'll be brief in the interest of time.
So this is CMX2 property, we are simply requesting to eliminate the commercial component and
replace it with a residential unit.
This is a very residential block in nature, so we are looking to conform to that type
of use.
During my presentation, I will go through the notice of refusal, the letter of support
that we received from West Belmont Civic Association, as well as maps of the area, photographs
of the lot, our proposed plans and drawings, the notice that we sent out for the community
meeting, as well as the application for a KEELE and the certificate of tax clearance.
So again, as I mentioned, the property is zoned as CMX2.
We are here because we are requesting to remove that commercial component and have a residential
component instead on the ground floor.
again we did meet with the community and we did receive support the boat was 11 to 3 in support
of the project and here we just have the letter from west belmont civic association expressing
their support and here we just have maps of the area the google map view of the area
so here's a view of the front of the property the view to the right of the property on fairmont
Avenue, as you can see, residential in nature, as well as to the left of the property, also
residential in nature. There are several vacant lots along the street, so we are looking to
revitalize the street as well and put more eyes on the street in an effort to deter crime
and assistance safety. We did notice that 700 North 42nd Street is similarly zoned and
is currently being used solely for residential use and multifamily at that. So here we have
the elevations as well as a site plan for this particular property the floor plan so unit one
would be the lower level and first floor is a two bedroom two bath unit two would be the second and