这个早上十点到晚上十点,一楼、二楼都是一样,是吗?
不一样,二楼不一样了.
The second floor hour is different.
Okay, then what are the hours for the second floor?
二楼是几点到几点呢?
五点到十点。
五点到十点。
Okay, and then will the second floor share the same kitchen facilities?
二楼也是用一楼同样用一楼的厨房,是吗?
Any other questions?
还有其他的问题吗?
Yes, again, we're doing the venting through the roof.
好,再讲一下关于排气,是从屋顶排,是吗?
Yes, venting through the roof.
And how many seats are we planning to have?
餐馆里面会有多少座位?
餐馆里面大概30位左右.
About 30.
And that's for the restaurant
Yeah, okay
And what about the event space?
That's about 40 people
That's about 40 people
But I need to clarify the answer
That's about 40 people
Not just 30 people
It's about 40 people
Right?
The total size of 70, 30 downstairs and 40 upstairs.
When we say events, what are we talking about?
您说这个诗人宴会或者是特别的这种聚会
可不可以说明一下是什么样的情况
只是private party
那二楼会不会拿来做一般的餐馆
还是只是单纯是私人宴会使用?
宴会使用了?
二楼会不会变成餐厅的一部分?
楼下坐不下了,可以到楼上坐?
The second floor is restricted to private party, not part of the serving restaurant, the regular restaurant part.
restaurant the regular restaurant part okay any other questions questions from attorney Hillary
Emerson not at this time Mr. chair questions or comments from the audience or the virtual
audience no hands at this time chair planning commission Amy Boyd with the planning commission
the comprehensive plan recommends a change in zoning at this location from the current CMX
one commercial mix use to CMX 2.5 uh this interpreter so i i know you stated the changing zoning from
one type to the other type is that a approved or whatever i i don't know whether she she's
she hasn't got to that point yet no i'm just pausing in between because it's a long time okay
Okay. All right. All right. Thank you.
Just您这个地址呢,是从一种商业的用途转换成另外一种不同商业的用途.
那这个如果用来做餐厅,我们基本上是可以同意的,可是有一些例外.
is likely to have a strong impact on surrounding properties.
The planning commission recommends that the board grant their requested variances for sit-down restaurant and assembly and entertainment.
Thank you.
MI-2025
The planning committee
would suggest
to make the
address
restaurant
and to
get to
some fun
activities
MI-2025
Castor
Avenue
I vote
Thank you.
tie a win my vote is yes thank you thank you thank you have your votes this year number five
mi 2025 006 265 90 bichelle avenue alan knockamson is the attorney
paul toner is also an attorney for the protestants
uh this interpreter sorry to interrupt uh thank you sir thank you i need to stay
All right. If I'm done, I will be this guy. Thank you very much, sir.
Thanks for using our service. You all have a wonderful day. Bye-bye.
Thank you.
Mr. Nockmson, I think you were sworn sometime earlier this morning. Am I right?
That is correct.
All right. Could you please state your name and spell it for the stenographer?
Alan Nockmson.
Could you identify your client, a relationship to the property?
Yes. My client is to the left of me, or at least their representative.
My client is a little white dog, doggie daycare, and to the left of me is Barbara Berman.
All right.
And Mr. Toner, are you there?
Mr. Toner's not here today?
So you're one of the Protestants, right?
Okay. All right. And our vice chair has a few questions for you, Mr. Dr.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, I have.
Okay. And do you waive the reading of the refusals and stipulate to the accuracy?
Okay. You see your screen, proceed with your case.
Let me just make sure I have the right screen up. I do.
Hi, so this is the third time this board has heard this case.
In 2019, this board granted a temporary variance for five years with regarding to this establishment
in 2023, which was appealed to the court of common pleas by the protestant. And, you know,
uh the protestant um and you know the board the court of common pleas upheld the board's decision
THE BOARD, THE COURT OF COMMON PLACE
granting the temporary variance uh that trial court decision was not appealed to the commonwealth
court in 2023 this board also granted a three-year temporary variance that decision was also appealed
to the trial court level which the trial court upheld uh the granting of the variance and that
was eventually appealed to the commonwealth court were decisions pending on the three-year
temporary variance. This temporary variance that was issued in 2023 is expiring June 1st of 2026.
That's why we're here today. So I wanted to just, you know, we'll go over the notice of refusal,
the letter of support which the community now is asking this board to previously i believe they
stated to grant temporary variances now specifically in this iteration of these appeals
they're asking for a permanent variance we have petitions letters to support by nearby neighbors
we have the letters to support that were previously issued we have the notice decision in 2023
23 we have uh the kennel license of my client reviews uh the lower northwest plan which has
indicated that you want to change the zoning from rsa 3 to something that's more conformist to what
we're proposing and you'll see from the pictures too of you know what i'm it's more appropriate
than the rsa 3 zoning maps of the area photographs of the property inside and out floor plans or rco
meeting notice or application for appeal or lease uh which the term goes through january 31st of
2032 so if the board feels inclined to grant another temporary variance which i asked not to
it's you know having a doggy daycare is not like a lucrative like business you know where every
three to five years you have to hire an attorney to go through this process with this eba the court
of common pleas and now the commonwealth court so we would ask that this would be a permanent
variance but if the board feels so inclined not to grant a permanent variance it would it should
be through january 31st of 2032 and then the certificate of tax clearance and again to the
left of me is barbara berman the owner's representative here's our refusals everything
mimics from the previous time we're not changing the use it's a doggy daycare we're also doing
um boarding um my dog nox have has been there before so he uh he has enjoyed you know the
services there so i can speak as a consumer that this is a very well run established doggy daycare
and and by the way he was after you know in every one of your cases you seem to walk through
live near so i just want you to know that there's not a case you come here that you don't have some
relationship so yes and i will say this though that he was not a cut we were not a consumer
until after we were hired so like you know we you know we saw the facility we were very impressed by
the facility and you know as if anyone's a dog owner knows like at least my wife treats the dog
better than me so she's you know i have no comment about it um but you know she also has an office
there and um you know and that's you know one of the last refusal about one more than one principal
use like and she has a retail component she's selling some you know dog supplies nothing crazy
um you know the letter of support as you can see it was overwhelming um i do think it's right here
where they say uh the wicca board feels the that continued uncertainty around the doggy daycare use
is is bad for the business owner and bad for the dog owners in our neighborhood it's a very dog
friendly neighborhood um if possible we feel that now would be a good time for the variances
is requested to be granted permanently and as a matter of background the board independently
granted a variance to allow 10 single-family homes on this rather large lot that's independent
of our building structure and my client in her lease has an option to purchase that building
once you know there's a planned community created so her ultimate intention intention is to purchase
that building. So, again, she's not just a tenant, she's a hopeful owner of this building.
And, you know, she would need, in order to get financing, she would need to have a permanent
variance. You can see there was overwhelming support for this variance request. And then,
again, you know, petition letters to support. She employs, you know, people within the neighborhood
too. So, the dog owners, a lot of the dog owners in the neighborhood, you know, attend this doggy
daycare. She employs people in the neighborhood. In addition to this location, she had a previous
location for some time. She's a well-regarded and experienced operator.
um an experienced operator
and then these are the letters you know there's so many of them
trying to get through them
and then this is the letter of support in 2023 from wicca again i i believe there they was
they only asked the board to grant a temporary variance. I haven't looked at it in some time, but
I believe that's the difference. And then here's a notice of decision, which shows that, you know,
it expires June 1st, 2026. Of course, we would agree to the proviso commercial trash pickup three
times a week, which the board put in the 2023 decision, showing that, you know, she's operating
it legally. Reviews, 4.9 stars. The Lower Northwest Plan, I believe, I'm trying to see what it is,
but it's not RSA 3. I think they're, at least from here, it looks like ICMX.
You can see we're near the train tracks. We're behind the train tracks. It's a rather large
lot irregular. It's kind of on the cul-de-sac photographs of the property. So this is the
drive aisle that, you know, for this building. And as you can see, this building speaks nothing
of RSA 3. It has a long history. I think it was a government office building. It was other
offices. So it has a long history of non-residential use. And where the dogs stay outside is in
the front oops and then you can see the posting for today's hearing um this is the protestant
who's to the left of us as you can see their building is substantially uh set back from like
our building here's our another angle from the building this is where the the customers come in
this is the rear yard really nothing's going on there there's no dog play there
it's all in the directed to the front away from the neighboring property owners
and then this is just the parking lot it's meant really for employees temporary parking
I've done it myself where during those hours in front of the building it there's really not much
going on you you park in front of the building it's on street you know parking on the street
you go in you go out pretty quick this is rochelle avenue to the right of the property
it's a beautiful neighborhood um you know i you know it's a dog friendly neighborhood
to say the least rochelle to the left of the property oh let's just make this a
little smaller so you can see it and the interior photos
this is the reception area where you know the owners are greeted to pick up the dogs
different interior photos well maintained well kept
and then this is just the floor plans that we created ourselves obviously not to scale
but if you come in here that was that reception area there's different playrooms
nap rooms for the dogs. For overnights, there's a huge playroom in the lower level, too,
and different nap rooms. And again, the outdoor areas in the front, too. And then Barbara can
talk about the hours of operation and things like that. We met with the community on December 10th
at 7 p.m. This is proof of us emailing, not just a notice, but proof of mailing in that notice.
We sent it to, here it looks like 35 addresses. It was very well attended meeting though.
List of the addresses, proof of mailing to those addresses, our application for appeal, notice of refusal, project information form, the lease.
And I'm going to stop sharing my screen here. This is the lease in many amendments and it's long.
So I just want to kind of, but we have that as an exhibit.
And then the last thing is, and I'll just kind of put that as the last page.