uh it it wasn't a replacement they basically they basically renovated the deck and and
yeah okay fine fine so yeah so in other words it wasn't completely replaced it was shored up and
and made safe and yes and it was quite a bit more safe than it was in the original
bring one of your clients one please
Sure. Can either Itzik or Elaine raise your hand?
All right. Sir, could you please state your name and spell for the court stenography?
Itzik Lorand. I-T-Z-I-K-L-O-R-A-N-T.
Do you swear or affirm to tell the truth,
Do you swear or affirm to tell the truth, the whole truth?
the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Good morning. It's sick.
You've heard my testimony today.
Do you believe it was true and correct?
And would you adopt it as your own?
Yes, I do.
Very good.
Mr. Chair, are there any questions?
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney Hillary Emerson? Just a brief question. Mr. Masters,
are you asking the board to make a decision on whether the refusals are correct or you just
wanted to note for the record that you disagreed with the refusals? I think it's fine just to note
for the record that we disagree with the refusals. We were asked by the RCO if we wanted to send
this application back to L&I to correct it, and we felt that that was not necessary, and it would
unduly delay the resolution of this appeal. Okay. Thank you for the clarification.
Questions or comments from the virtual audience?
Yes, Mr. Chair, I have Charles Richardson with the hand raised. I have allowed them to speak.
Good morning, Mr. Richardson. Good morning, Mr. Chair. Please state your name and spell for the
court stenographer charles richardson r-i-c-h-a-r-d-s-o-n office of councilwoman cindy
bass room 508 city hall you swear a firm to tell the truth the whole truth and nothing but the
truth i do please proceed uh the councilwoman has no objection to granting the variance
thank you mr richardson for calling us is there anyone else in the virtual audience
i do not see any further hints at this time planning commission thank you sir and good
Good morning, David Fecto with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.
The proposed dimensional variances are minor, and in keeping with the spirit and intent of the code,
the proposed stairs will not injure the use of adjacent properties.
The City Planning Commission recommends that the board grant the proposed variances.
Thank you.
So MI 2023-005-618-7238, Bryan Street, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ismail Shaheed, my vote is yes.
Mr. Masters, could you please stay on?
We're going to move on to another case that I see you're on.
MI 2023-005-360, 4310-14 Germantown Avenue.
There's a letter of support from the 13th Ward RCO Committee with some provisos.
Also, there's a petition in support signed by approximately 11 neighbors.
Mr. Masters, just for the record, state your name.
My name is Steve Masters with the law firm of Just Laws here on behalf of the applicant Donna Peterson.
Okay, thank you. And our vice chair has a few questions.
Good morning, counsel. Do you agree to waive the reading or the refusal or stipulate to its accuracy?
Good morning, Mr. Shahid. Today we're dealing with a referral, not a refusal, and we do agree to waive the reading.
sure have you emailed in all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing yes we have thank you please proceed
and share your screen thank you good morning mr chair members of the board we are here now
for a special exception for a very small assembly and entertainment use that would be
49 or less persons at any one time on the first floor of 4310-14 Germantown Avenue above the
first floor, which is vacant at the moment, are two apartments that are occupied and that are
that are zoned properly by the city.
The referral here is only for the proposed assembly
and entertainment use.
Because this is CMX2, it is allowed,
but it does need a special exception from the board
in order to move forward.
Our petitions in support were circulated and many neighbors in the very immediate vicinity
were happy to sign on and support this project. This will be Donna Peterson will be doing business
Donna Petersen will be doing business as A&K Playhouse.
This says A&K Playhouse.
It'll be a small event space that will be fairly occasional,
two, three, four times a month is the anticipation.
We did also indicate that the proposed hours were between 2 p.m. and 10 p.m.,
but for proviso purposes, we would ask that the proviso say 10 p.m. as the closing,
but we don't want to be held to a 2 p.m. opening hour.
We believe that there could be times
where an event might take place, you know,
earlier in the day than in the afternoon.
The 13th RCO did vote to support this use
in the special exception.
They did propose three provisos, which I'll magnify here.
The trash debris storage plan, we went through in depth the proposed trash storage plan. There is trash storage areas. There's a whole open backyard that will be used for trash storage.
and our client agreed to be responsible
for the prompt removal of the trash bins
after the city has picked them up.
As I said, the hours of operation,
we would be amenable to a 10 p.m. closing,
but not to a 2 p.m. opening
because we believe that needs to be more flexibility
for events that maybe take place in the morning.
In terms of the property maintenance plan,
we have no issues with that.
Our client is in support of maintaining her property
in a clean and safe condition.
The support shows, it was unanimous.
Seven of the attendees, all seven were in support.
We're now gonna go to the plans.
So the first four plans are really the only plans
that are relevant here since the,
as I said before, the upper floors are for dwelling units
that are not at issue in this appeal.
Also, there was no public use of the basement area.
So we have the first floor plan here,
which is displayed in this floor plan.
The second and third floor plans are for the dwelling units.
This is, as I said, a CMX2 lot and pretty much the entire,
both sides of Dermatown Avenue in this neighborhood
are all CMX2.
These are some more details on the floor plans.
Although, candidly, you'll be able to see much more
when we look at the photos.
We have some fire safety documentation here.
So this is a context view showing that, as you would expect, with CMX2 throughout this portion of Germaton Avenue,
there are many uses that are already dealing with food preparation and service along this corridor.
There have been also social clubs along this corridor as well.
This is the second floor apartment kitchen.
This is the second floor apartment living room, second floor bedroom, a bathroom on the second floor, a view of the kitchen into the living room on the second floor.
Here's the stairs that go up to the third floor, common hallway, and this is the first floor event space area.
Make that a little smaller, we can see it more completely.
This is another view of the main entrance
to the first floor event space.
This is a layout, this is not being used at this moment,
but it is configured for it to be used.
This is the event space restroom.
This is the events.
Here's the entrance number two.
This is the rear yard of the building, and so the events could also occur outside in this nice grassy area.
and here is um along the side of the of the structure and this is the this is
germantown avenue at the front there
and this is the this is the entrance this is this is the building the facade that faces germantown
Avenue. And again, a view from Germantown Avenue into the property. These are photos of the zoning
poster and the and the referral uh this is our uh we are still working on our on an updated tax
clearance but we have submitted to board council uh that there are no taxes that are owed on this
property at this at this point here's the deed uh to donna peterson our client
This is our application for special exception, project information form, and then the RCO
notice letter that was mailed to the addresses provided by the Planning Commission and the
PROOF OF MAILING AT THIS POINT I'M HOPING THAT DONNA PETERSON IS IN THE VIRTUAL AUDIENCE
AND SHE WOULD RAISE HER HAND DONNA PETERSON PLEASE RAISE YOUR VIRTUAL HAND IF YOU'RE IN
THE AUDIENCE
Jason, do we see her?
They've been about to speak, Mr. Chair.
I'm mute.
I'm mute.
I'm mute.
Oh, my God.
Are you kidding me?
Hold up.
Hold up.
Hi, could you please state your name and spell for the court stenographer?
I'm so sorry.
yes good morning donna peterson b-o-n-n-a p-e-t-e-r-s-o-n do you do you swear or affirm
to tell the truth told truth nothing but the truth yes please proceed counsel good morning
miss peterson you've heard my testimony today um do you agree with it and believe that it's true
and would you adopt it as your own yes yes i would uh thank you and we're open to questions
from the board questions questions from the board no mr chairman no chair no chair questions or
comments from our attorney hillary emerson no mr chair questions or comments from the virtual
audience mr chair we have charles richardson with their hand raised i've allowed them to speak again
at this time. Mr. Richardson,
just for the record, state your name. You've already
been sworn. Thank you, Mr. Chair.
Charles Richardson, Office of
Councilwoman Cindy Bass, R-I-C-H-A-R-D-S-O-N.
Councilwoman
has no objection to granting the variance,
but only with regard to
the applicable
provisos that have been offered
by the
RCO. Okay. Thank you.
Anyone else in the virtual audience?
I do not see any further hands, Mr. Chair.
Planning Commission.
Thank you, Chairman, and good morning.
David Vecto with the City Planning Commission.
The comprehensive plan recommends a change in zoning at this location from commercial mixed use 2 to commercial mixed use 2.5.
The appellant has shown that the proposed assembly and entertainment will have no detrimental impacts beyond what might be expected.
The City Planning Commission recommends the board grant a special exception for the proposed assembly and entertainment.
Thank you. MI 2023-005-360-4310-14 Germantown Avenue. I vote yes, with proviso. Trash stored in rear yard. Assembly and entertainment space to close by 10 p.m.
Thomas Holloman, my vote is yes, with proviso.
James Snell, my vote is yes for Proviso.
James Snell, my vote is yes, with proviso.
This is Shmel Shahid, my vote is yes.
Ishmael Shaheed, my vote is yes for Proviso.
Thank you.
Thank you so much, Mr. Chair. May I be excused?
You certainly can, sir. Thank you.
We're going to go to number 8, MI 2023-001-265-2203 North Natrona Street.
Alan Nockmson is the attorney.
Sherbury Manchin has issued a letter of opposition.
However, there will be a meeting on 222.
Discuss changes in this project.
Hi, Mr. Goldberg.
You've already been sworn.
Just state your name for the record, please.
Alex Goldberg, Nockmson, PC.
And could you identify your client, the relationship to this property?