Okay, so let me finish here with my screen.
Oops, share my screen.
And again, we'll update our packet, like, you know, for formality's sake.
But if you see here, I'm on Atlas here, and it's owned by FRPLM Development LLC.
And if you look here, it was recorded.
Let me just take a look.
It was recorded on...
February 15, 2019, under document number 534-79282.
Okay, Hillary.
Yes, thank you.
And if you could just supplement your packet, that would be great.
Thank you.
We will.
Questions or comments from the virtual audience?
Yes, Chair.
Chair, I have a hand up by the name of Temple, last name, starting with a K.
They have been allowed to speak.
Hi, could you state your name, please, and spell for the court stenographer?
Never mind, Chair.
They got off.
Thank you very much.
Planning Commission.
Thank you, Chair Bergman, and good afternoon.
David Fecta with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change to the CMX2 commercial mixed-use zoning at this location.
The appellant has shown that a takeout restaurant will have no detrimental impacts to the neighborhood beyond what might be expected.
The City Planning Commission recommends that the board grant a proposed special exception for a takeout restaurant.
Thank you.
MI 2024-002-323-6516 Germantown Avenue.
i vote yes uh a chair can can we add the proviso that they uh that extend beyond the roof
yeah what did he say he was going four foot above he said four foot above the highest roof or the
third floor whatever okay sure mr chair i think the best wording for that would be just venting
above the roof okay i vote yes proviso venting above the roof uh michael johns my vote is
is yes with proviso. Cheryl Gaston, my vote is yes with proviso. Tanada Graham, my vote is yes with
proviso. Taya Nguyen, my vote is yes with proviso. James Snell, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso. Thank you. Thank you, Council. Number nine.
M.I. 2024-002-614-1525 Willent Street.
Alfred Fuscaldo is the attorney for the tenant.
There's a letter of non-opposition from Center City Residence with unenforceable provisos.
Good afternoon, Alfred Fuscaldo.
Could you please spell your name for the court sonographer, sir?
F as in Frank, U, S as in Sam, C, A, L, D as in David, O.
C-A-L-D as in David O.
Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
Right.
You said you do?
I do. Yes.
Okay. Could you identify your client in relationship to their property?
Yes. I represent Mejuri Bricks US LLC. They are the tenant at the property.
Vice Chair has a few questions for you.
Good afternoon, counsel. Do you agree to wait the reason of the refusal?
stipulate to its accuracy i do have you emailed in all the required documents and exhibits that
is needed and required to proceed with this case five days in advance of this hearing i did thank
you council please proceed and share your screen can you see my screen i thought i shared it no
no let me try again
now can you see it we can okay great um again alpha scaldo on behalf of the tenant majeure
bricks uh llc um in the packet that's submitted to the board is the notice of refusal
here the refusal was issued because the property is located in the cmx 5 district
it's also in the center city overlay district chestnut and walnut street area west
1525 walnut street the use that's requested is a to provide an accessory service for the existing
retail fine jewelry store that Mejuri operates at the property. They'd like to add ear piercing
as a service for their customers. That use is characterized as a body art service under the
code. It's permitted by right in the CMX5 district, but is prohibited in the overlay district. So
that is the reason for the variance request today. Here's a copy of the application for appeal.
uh the project information form uh posting of the property uh on walnut street
and in the rear on on moravian street
there are copies of photographs of the store uh from walnut street
and then views from the store looking uh left towards 15th street and uh right uh towards 16th
street that's from across the street and then here he's from the store looking left Warby Parker
to the left and uh Brandy Millville to the to the right um here's a plan of the of the property
uh the interior of the property the store has been in existence uh we've been operating at the
at the location since June 23rd of 2023 um it's one of 33 jewelry stores that Missouri operates
worldwide um the front of this the front of the uh the store here the door on the right hand side
of the screen um and then the the studio where the ear piercings would occur is here in the very back
uh of the or that's towards the back of the of the store um and on the second page you'll see
uh here at this location in the bottom right hand corner this is where the ear piercings would occur
That space is approximately 60 feet from the front door.
It's in its own room, and it's partitioned by a curtain that will be pulled across whenever the services are occurring.
Here's some photographs of the piercing area.
This is a view from the front of the store towards the rear.
In this back left corner here is where the studio is.
Here on the left-hand side is a view into the studio from the store, and then on the right, out of the studio, back towards the front of the store.
Here are photographs of the studio itself.
You can see the curtain here on the left-hand side that we pull across in the chair, so that the space is separated from the rest of the store.
Your piercing would be by appointment only and only available to customers of the jewelry store.
um it's really not much to this application here's a letter uh from ccra we appeared in front of them
uh at the end of june they voted not to oppose the uh the application with the proviso that
all the equipment used for the ear piercing would be uh that required disposal will be properly
packaged and disposed of in sharps or other approved containers and that that proviso
condition is acceptable to uh to my client um the rest of the packet contains the uh
certificate of tax clearance or witness list and a copy.
certificate of tax clearance uh our witness list and and and a copy of the redacted lease
um with me today is jamie croupy she's a director of store of development for majori
um and i would ask her to be uh promoted to a witness so that i could ask her to adopt my
testimony and jamie if you could raise your hand
Jamie, he had a lot to speak.
Hi, my name is Jamie Groupie.
Could you please spell your name for the court stenographer?
Yes, it's J-A-I-M-I-E-C-R-U-P as in Peter, I.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you.
Ms. Groupie, were you present for the testimony that I presented to the board this afternoon?
Or was it true and accurate to the best of your knowledge?
and do you adopt it as your own i do i have nothing further mr chair other than to move
my exhibits into evidence thank you um questions from the board
no questions questions from our attorney hillary emerson
um just briefly um mr chair um mr fiscaldo um the is the is the use only on the first floor
Because I see that listed on the refusal, but it seemed like in the lease that was provided that the entire building was being leased, not just the first floor.
Missouri does lease the building, but the use would only be on that one, on the first floor in that space that I described.
Thank you for the clarification.
Questions or comments from the virtual audience?
I see no hands at this time, Chair.
planning commission thank you chairman and good afternoon david effecta with the city planning
commission chairman and board members the comprehensive plan recommends no change to the
cmx5 commercial mixed use zoning at this location the appellant has shown the proposed body art
services will not injure the use of adjacent property and is complementary to the existing
use the city planning commission recommends that the board grant their proposed use variants for
Body, Heart Services. Thank you, David. MI 2024-002-614-1525 Walnut Street. I vote yes
with proviso. Use limited to first floor. Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso. Teneda Graham, my vote is yes with proviso.
Iowan, my vote is yes
with Proviso
James Sell, my vote is yes
with Proviso
Ishmael Shahima
with Proviso
Thank you, counsel
Number 11
MI 2024
002 637
1821 Memphis Street
Olak Sokoloff
and Eric Taskin are the attorneys
for the owner
However, no RCO letter of summary, but notice was sent to nearby neighbors with proof of mailing.
Meeting was held June 25th before Fishtown Neighbors Association.
Applicant does have 11 form letters of support from neighbors.
Good afternoon, Mr. Chairman.
Afternoon. Could you please state your name and spell for the court stenographer?
Sure. My name is Eric Taskin. That's spelled E-R-I-K-T-A-S-K-I-N. I'm representing Quincy Booth, the applicant for 1821 Memphis Street. We're here today because we're seeing...
Hold on, hold on, hold on one minute. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
All right. Our vice chair has a few questions, okay?
that yes do you agree to relate to its accuracy yes
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 but as the as the um mr
chairman said uh we received the rco support letter only yesterday and i believe that it's
your possession but it is part of the packet but it wasn't submitted in the packet that we sent last
week understood thank you please proceed and share your screen sure is there a letter in support
or opposition it's in support thank you okay so um we're here today seeking a variance to
Okay, so we're here today seeking a variance to legalize the use of an existing structure
as a two-family dwelling.
My client purchased the property earlier this year.
However, he was not aware of the nonconformity.
We have received support from the RCO and numerous letters of support from the neighbors.
Now, if you will allow me, I would like to go through the exhibit packet.
So we have the refusal.
So we received a refusal for the use of a two-family household dwelling in an RSA 5 zoning district.
Here's a copy of the deed.
My client purchased the property on January 2nd of this year.
Here's some photos of the property from the outside.
It's on the intersection of East Wilts Street in North Memphis in the Fishtown neighborhood.
is that better for everyone to see it is okay so the commercial on the first floor
no it's all residential so um this is a aerial photo of the neighborhood you could see the
property in the corner i'm not sure if you could see my mouse but it's right over here
here's some photos from the inside so right now it's it's like i said it's two family
here's a photo of a kitchen um we have photos of bedrooms closets uh bathrooms picture of the
backyard basement another kitchen so the property is currently there's one unit on one floor and
then the second unit is two floors. So here's some more photos. We have an office, more bathroom
entry. Here's a photo of the zoning maps. Here I can zoom in a little bit. Our application for
appeal. Project information form. Here's the RCO letter that we sent to 176 neighbors. The RCO
meeting was held on june 25th and as i stated before and i'll show at the end of this exhibit
packet that we did receive support from the rco and we received that letter only yesterday
here's certificates of mailing like i said there was 176 residents notified so this is quite
extensive allow me one moment here's the tax clearance certificate
photos of the zoning notice posted on the property
we have multiple levels the letters of support from neighbors nearby
and this map kind of indicates where those neighbors are located that signed those letters
I just showed you. And then finally, we have the letter of support from the Fishtown Neighbor
Association RCO. At this time, I'd like to call my client Quincy Booth to adopt my testimony.
Good afternoon, everyone. This is Quincy Booth, and I do adopt my attorney's testimony.
Hold on a minute. Could you please spell your name for the court stenographer?
Certainly. It's Q-U-I-N-C-Y.
Love his name, Booth. B-O-O-T-H.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Counsel?
Mr. Booth, did you hear my presentation today?
I did.
Would you adopt this testimony as your own?