ZBA Hearing - January 31, 2024

And these designations are actual true designations based on the tax parcel maps.

So we have one address, and it's identified as Building A, B, C, and D.

Now, Building B is over 20,000 square feet, and it's currently permitted for 100 people to stay in as a shelter unit.

That was this permit that actually, actually, it's mentioned here in our referral.

In 2007, maximum of 100 persons in building B.

so

as

Darwin could you go back

to that one more time

I have a note here

in 2013 there was a temporary

three year variance given

and with that

we were actually here before

and that's this permit

for the same reasons

we're here today

we needed overflow

we need an overflow for the city's code blue whenever there's a code blue the city scours

the the agency scours the city to ensure that there's no one staying outside and that that

was in third that was in 13 darwin and that was in 13 and it was only a three-year temporary

variance and we were given a three-year now we're not asking for a three-year because what

what what happens is that we'll find ourselves in an emergency situation and that's been our

experience and once there's an emergency here's my point what i'm saying is in 2006 16 that

variance went away that variance went away so there's no variance now that yeah it's a special

exception but there's no there's no approval okay and is that the way hillary is that the

way you understand it too there's there's no variance there now so yeah my my understanding

based based on talking with ellen i is that the group living use is that that when that was allowed

it was only for three years so that group living use expired so there's actually more than just

an expansion of the use is actually the entire use that needs to be approved

for this property.

That's actually taking away

from

this approval

in 2007.

But the 2000,

but from what

it appears

on here, the

building B, the use changed.

The building what?

In building B.

in building b it was uh it was rooming units and then it changed to group living

um and so and that use was made temporary so it appears that that use expired

not just at least from what this is showing here our application then and now was for

group living in the basement, solely for the purposes of dealing with Code Blue.

This has been a shelter for over 30 years. If you're saying that it went back to a rooming

house it went back to 2007 that's that's acceptable but to say that the entire building

is is is not uh is not approved i i don't know if we could accept that i'm saying the entire

building's not approved so it's it the prior approval is not limited to a specific portion

of the building they approved group living within an existing three-story structure with the cellar

in building b that was only for a three-year temporary variant yes with i'm saying that

right so i'm saying the group the group living use is gone um and it it appears from here that it

replaced the previous use from 2007 because it doesn't say anything about retaining the prior

use. But that would be a subject to interpretation by L&I. Or at least to the board, because

if I would think L&I will say that the entire building was not approved.

The entire building was not approved.

Our application is for overnight shelter within the cellar.

Yeah, so there's no mention.

There's no mention specifically of the cellar.

It mentions a three-story structure with the cellar.

Typically, uses they don't specify unless it's absolutely necessary, the exact location.

And when I discuss this with L&I, the number of beds really, it doesn't matter in this

site unless we had to look at parking it's just the it's the use the the use that matters so um

i think that's why this got refused is because they didn't see that this this use existed at

this property anymore because of the temporary variant again it's a referral but and our

application was first for 15 people in the cellar and right and i understand that

Right. But that's not, unfortunately, what they issued the refusal for. And it appears that the use is needed for the entire building. It's not a problem for the hearing today. It's just that we have to be clear on what is before the board.

I think you're asking for the whole building. Am I right, Hillary?

That's what it appears on the history. When I discussed it, I didn't get to discuss it with Ellen and I until this morning.

And that's what my understanding was in discussing it with them and looking at the fact that the prior group living use was only approved as a temporary variance.

then it's it's up to the board to i would think it's up to the board to interpret what what what

our application is because it's clear that we are asking for an extension into this into the seller

um it's it was already declared a rooming house it's already and if and if the examiner believed

that this use was gone we should have received a violation along with along with this referral

to which we haven't i don't know that the examiners will issue violations in tandem

he could have referred it to the inspectors for a violation we submitted this back in may

and and today no violations has come around and it's not like the LNI doesn't come around

we've we've we've had inspections before but that was never brought to our attention

um I appreciate the examiner but I I don't know if it's if if LNI is just doing a intellectual

exercise because clearly based on that interpretation we've been in violation for

for since 2013 16 well either way you're before the board before you're before the board now

seeking a referral for the use so i i think that's the point i'm saying darwin you're asking

for the whole building now yeah and and if that's if that's how we are i just don't want it to be

befall on us asking us to re uh to amend our application if if the board so choose and if

they're and if they're accepting that this entire use has or prior uses are completely wiped away

and they're looking as you said mr chairman that we're looking for the entire building then so be

it we're looking for the entire building we do that hillary yeah so it's so the way the way it

is written is for the entire building the way this refusal is written it is not written specifically

for the seller so it's written for the entire building which is typically how lni does it when

it puts you know puts a new use it doesn't specify unless there's you know a reason to specify um

And so I when talking with L&I, there was no problem if this needed to be looked at for the entire building, because that's how the refusal is written.

That's how they look at the uses.

Understood.

The thing that would be just to clarify, I think that would be different is while there's been other uses.

at this property um and the seller may not have been used or only used a while ago for the use

that may need a building permit specifically to allow you know habitable space in the basement

um there may already be permits on file building wise related to the other uses and but that's

something right so that's right so that's that's a separate issue but in terms of the zoning

Right. So that's that's a separate issue. But in terms of the zoning, if it's the whole building, that is not a problem based on how the refusal is written.

Um, if.

Understood. So, Mr. Chairman, I would ask that the board consider the use for the entire building, also indicating that we would like to be able to occupy the basement for Code Blue,

which is a standard that the Office of Homelessness has in order to remove individuals off the street during freezing weather is purely a life safety.

these families

yeah I mean I

you know when we vote

I'll talk to Hillary about it but I agree

the whole building and the

basement will be used for cold blue

days is that okay

yes

and with

that in mind

I would say that we did

receive a referral as you can see

and it is group living and it's not a variance it's a special exception and with that we submit

that we're still in compliance with section 3037E of the code because we're not building any new

additions we we submit that our proposal doesn't create any overcrowding within the three floors

as well as the basement we'll be accommodating several families during the winter storms

in the basement, but that's only during those times that it's cold blue. We do not create

congestion within the right-of-way because our use is indoors, and we submit that the use

is a burden on utilities because we are, again, within a contained building that once was a

campus for the archdiocese um again if we can look at the the building that's a close-up

of what we have um here is our posters

and let me see, and again, when it comes to support, we did receive support from public

health management, which is also a contractor of the city and helps manage homelessness

throughout the city.

Here is an email from the Office of Homeless Services.

And what we also have is an email of non-opposition

from the Brewery Town, Shoresworth.

Now, I do know that here's our notice for the public hearing.

Again, here's where the buildings are posting.

posting

and

that is

a curiosity

Darwin

do you have

pictures of

the inside

or just

the outside

of the

building

yes

here is

a playroom

okay

the seating area

for infants

this is a gathering room

as well as an eating space

there are bathrooms

bathrooms

here is the

basement

which

single flight

of stairs on one side

there's another view of the basement

and I think that

If we can, I would like to identify Reverend Gantt, if she could be called up.

Sure.

Reverend Gantt, can you raise your virtual hand, please?

the reverend has been allowed to speak

reverend could you please state your name and spell for the court stenographer

yes janine m gant j-e-n-n-e-a-n-m for marlilla g-a-n-t-t

you swear or affirm to tell the truth the whole truth nothing but the truth

I do.

Please proceed, counsel.

Ms. Gant, Reverend Gant, have you heard everything that I stated today?

I have.

And would you adopt it as your own testimony?

I do.

Thank you.

Mr. Chairman, I'll open myself up to questions.

Questions from the board?

No, Mr. Chairman.

No, Chair.

No, Chair.

Questions or comments from our attorney, Hillary Emerson?

just briefly mr chair um mr bouvet um it was my understanding from the exhibit packet that

the client was kenmar properties because there was a deed included and no lease um

we we need a in order to complete the records on this case we need we need a lease

email that i can email that to you right now thank you let me just stop sharing

uh and just for the record kenmar is just one of the holding a holding entities for the church

so it's all one big family thank you for the clarification

i just sent it to board council

Let me know when you received it.

I'm watching.

Thank you.

Okay.

And I'm just curious, Hillary,

When our application, we did say with all other uses previously approved, and you're saying that the examiner believes that there were no other uses previously approved because when the last approval came, it wiped out the 2007 permit?

So, so looking at the language on the 2013 permit, it looks like for building B that the use was changed from single room residence to group living. And then that use was made temporary. That's what it that's what it looks like because there's two there's two buildings referenced in both 20 2007 and 2013. And it's just the it's just the building B.

and and yeah and i'm just curious because this you know we we know a lot of the people in

elanon the examiner was chelly who's no longer there so this was could there have been somebody

else who who is giving this interpretation no i i was not talking with the examiner directly i

talked with either the supervisors or the the head of zoning okay so yeah all right

I just received the lease.