the um as i said the um the applicants um put the bamboo fencing up because they were doing
digging and things like that because what they're going to do is place a garden there
and they didn't want all of that to disturb you know folks walking by but is there intention
that's a temporary is the fence there now is the which one the one i'm looking at now the bamboo
fence is there now that would come down once they've completed their gardening and you know
setting of the garden. Behind that bamboo fence is that
chain link fence that was in the plants. That structure right there
is merely temporary. They only put it there so that, you know, the dirt and things
I guess the point is, it looks like you put the pergola
up, right? The pergola was up. And then you
fenced it in after it was up. Well, it was fenced in originally
with the chain link fence. Right, right. The bamboo went up after.
right the bamboo went up after because they were doing some digging and things like that
didn't want the soil and all of that to get on the sidewalk so they were just trying to protect
the um the sidewalk from you know the debris and the dirt that would come down but that is
a temporary structure okay um i want to go through the rest of your presentation okay all right um
As I was saying, the variance was due to 17401's prohibition for an RSA-5 property that did not match the setbacks for immediately adjacent properties.
What we have in this...
One to show is the pergola, right?
Okay, all right.
The pergola on 617.
The pergola on 617.
The pergola that...
The one you're talking about.
Yes, right, right, right.
Pergola.
That's the pergola.
And as you can see, that chain link fence is existing.
What they put up around it was that bamboo fence
because they're going to be digging to create the garden.
And as you can see on either side, there are no other structures,
so that's why they were not in compliance with 17401.
And there's other pergolas on the block, you say?
Yes, there are.
In the front of the house like that?
Yes, yes, yes, I'll show you those.
Here we have 6520 Algard, you can see the pergola there and you can see on either side
there are no um structures and now i'll go to um walker street which is one of the surrounding
one of the surrounding blocks okay here we go
6618 walker you can see the pergola with the white fencing and on either side
there is no structure okay and uh here we go
one more
66 oh here we go
that's the one 6603 yep yeah 6603 walkers same same position so the um the rco basically you
know once we presented they said you know pergolas are characteristics of these neighborhoods
and um as long as the um owners here made sure that no debris came on to the um came on to the
sidewalk and as long as you know any plant um dead plants were you know cleaned up they had
no problem those were the only provisos that they provided on their um approval letter why don't you
bring your client on sorry bring your client on my client's not here yeah but i mean they're not
online no they're not my client is asian and just okay all right so you're an officer of the court
more yes your touch money yes from the board um okay
so i understand that the community group didn't seem to have a problem with this but yes um i
guess i'm concerned about the later added fence which you say is temporary which we that can't
know well i mean the board could add a proviso that that come down and they would agree with
that because it was always temporary they just didn't want as the um um the rco said well we
don't want any debris i said okay we'll put this fence up while we're digging up this garden and
that sort of thing but that's a temporary fence but if you already had a fence why did they need
because it was because it was a chain link fence and debris and dirt can kind of come over the
chain link fence is the permanent fence but it didn't protect against them doing their gardening
and pulling up, you know, plants and things like that.
You can put tarps around chain-link fences.
That kind of thing.
That's what they do with construction sites.
I mean, these are not professional construction folks,
but that's what they did.
But still, I mean, I'm having a little problem with that.
And then question, did your client talk to the next-door neighbor?
Are they in?
Yes, yes.
the neighbors were a part of the community meeting and
they had no problem. I mean, did they speak to their
next door neighbor and ask them if they were
in favor of this? Just because people come to a meeting doesn't necessarily
mean that they are the immediately adjoining.
Right. Their neighbors were and are aware of what they're doing.
That's not my question. Oh, go ahead. I'm sorry. I want to ask you a question.
is is the neighbor next door to this have you talked did your did your client or did you talk
Have you talked, did your client, or did you talk to them and ask them if they agreed to this?
to them and ask
The answer is yes.
You talked to them?
My clients talked to their neighbors and said, no, there's no, the neighbors have no problem.
So my clients talk to the neighbors.
I have not spoken to the neighbors.
The interaction that I had with the neighbors was at the RCO, but my client, I'm sorry.
Thank you. That's not my question. I didn't ask about all the neighbors, the immediately adjoining neighbor. Did your client speak with their neighbor and get their approval, permission, okay?
Yes. The answer to that is yes.
And this is your testimony here?
Okay. All right. Thank you.
Other questions from the board?
i guess the only the only comment that i have is that the um all of the other pergolas that you
showed were sort of store-bought sort of pergolas that you know like from home depot or wherever
and they're although they're they're they're kind of semi-permanent right because they could come
down in the winter especially the ones that have the tarps and everything and i've seen people do
that um and and the one that that your client has is really sort of a more permanent structure and
appears to be sort of taller and just just more um more prominent than uh the other ones that that
that you sort of showed so i mean that that's just a just a comment okay
okay okay do you have a question okay um questions or comments from our attorney
not at this time mr chair questions or comments from the virtual audience
i do not see any hands mr chair planning commission thank you chairman and good
morning david effecto with the city planning commission chairman and board members the
comprehensive plan recommends no change in zoning from the existing rsa 5 residential single family
the city rezoned this neighborhood in 1990 and a council supported map change the proposed
pergola in the front yard will not injure the use of adjacent properties the city planning
commission recommends that the board grant a proposed variance for placing a pergola in the
required front yard council we're going to we're going to talk about this on the uh 29th right
We'll vote it at 930, but we're going to take it to executive session and just talk about the whole concept.
All right, and thank you for wading through the fire drill.
We appreciate it.
Thank you.
And thank you for wading through my technical non-expertise.
Appreciate it.
Thank you.
Number two, MI 2024-004-752-1923 East Allegheny Avenue.
Mark Feynman is the attorney.
um meeting was held on november 7th before harrogate civic association we do not have
proof of mailing we have we have a letter from them at all no okay
i'm making as a panelist now mr chair
good morning morning council could you please state your name and spell for the stenographer
Yes, thank you.
Good morning.
My name is Mark Feynman, M-A-R-K, F as in Frank, E-I-N-M-A-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client, the relationship to the property?
My client, it's a business company.
The name of the company is DEMA, D-E-M-A, Realty, Inc., and the representative for the
company, this owner of the company, his name is Haytham, H-A-Y-T-H-A-M, and the last name
A-Y-A-A.
Thank you.
A-Y-A-D, I beg your pardon, Ayad.
All right.
Our board secretary, Cheryl L. Gaston, has a few questions for you, sir.
Good morning, counsel.
Good morning.
Did you submit your documents and exhibits five days in advance of this hearing?
I will also notify that we did receive contact from the board's counsel requesting some additional documents, which were supplied as soon as we received the notification.
And the last notification was late yesterday, so those documents were sent over this morning.
Thank you. And do you waive the reading of the refusal and stay late to its accuracy?
And do you waive the reading of the refusal and stay late to its accuracy?
Okay, thank you.
You can now share your screen and proceed with your case.
I will ask for a brief moment here while I pull up the documents.
okay I believe the screen is able to be seen now I just check to verify we do
not see it you do not see so yeah I think you open your documents and you
hit the green button at the bottom
Okay, one more moment here, my apologies, my documents, okay.
Mr. Feynman, why don't we do this? Why don't you figure that out? And I'll tell you, I have two other cases left, so I'm going to try to keep it moving. I'll come back to you in about 10 minutes. Okay?
Thank you.
You can get those documents up. Thank you very much, sir.
You're welcome.
So number nine, MI 2025-002-157, 4520-40 Wirth Street, Justin Crick is the attorney.
There's a letter of support from Frankfort Neighborhood Advisory Committee.
Good morning, members of the board.
Hi, counsel. How are you? Please state your name and spell for the stenographer.
Yes, Justin Crick, J-U-S-T-I-N, last name K-R-I-K.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Do you identify your client, the relationship to the property?
Yes, my client is Archetype Paint Studios through James Turani, who I believe is on the call.
and they are a tenant at the property.
Okay, our board secretary,
Cheryl L. Gaston,
has a few questions for you, sir.
Good morning, counsel.
Good morning.
Did you submit your documents
five days in advance of this hearing?
I did.
And do you waive the reading of the refusal
and stipulate to his accuracy?
Thank you.
You can proceed,
share your screen
and proceed with your case. Thank you very much.
Members of the board, thank you for
entertaining this application today.
Tarani Paintworks, or I'm sorry, Archetype Paint Studios, also
formerly Tarani Paintworks, has been operating
at the property 4520 through 40 Worth Street in
Building F for quite some time. We were before this panel
or the zoning board about two years ago where this use was granted with two-year proviso.
So what's unique about this project and application is that the application is for
intensive industrial use vehicle paint shop as the code has certain classifications that
were limited to.
However, what you were actually going to see and may have seen or recall from the past
is that the type of paint and finishing that's being done here
is for artistic purposes, for commissioned works, and not for vehicles.