nothing but the truth yes please proceed counsel thank you mr guido did you hear my presentation
to the board today yes true and accurate to the best of your knowledge yes you adopted as your
own testimony yes i do thank you sir um before we go to the board hillary you do you want to comment
on some of your notes you left us here i just had a couple of questions mr anastasio on the
the side of this plan um if you uh reduce a little bit it says something about an addition
but i didn't see any addition shown on the plan oh just go back to the actual plan it says something
on the side of the plan about an addition um but that's that was not listed as part of the
application and i didn't see where the actual addition was proposed there is no addition
that we're proposing in this application.
The only addition that was submitted for and approved
back in 2008 was the third floor.
Maybe the plan is older then.
It's the older version of the plan.
And then my other question is there's the garage space,
or the garage, I assume that's for parking.
We're not using that at all.
You're not using it?
okay because i was gonna say i didn't that was not on the application or the refusal either i
didn't see any prior approvals for uh garage space curb cut that sort of thing so i thought it was a
little confused about that yeah no the application was just to legalize the use if my client decides
to use that garage we understand that we would have to go back for that okay all right thank you
so much questions for the board yes what are we doing about trash storage given the backyard is
so narrow the rco asked us to do one of two things either um have trash in this space here
that i'm explaining right here uh that would be uh then garage yep then removed or uh at the front
One of the property and the plan that I showed you, I don't know why this isn't up.
Images aren't uploading.
Please hold for a moment.
There is the trash containers are against the property and they asked for like a trash
chalet to cover that with a lock.
So we, we, we agreed to do either of those.
And there's enough sidewalk space in the front of the building to do that without encroaching
into the right of way.
Absolutely. I will share it again if I had some kind of technical issue right now.
Absolutely.
I will share it again.
So I'll show you again. But yes, it is in the photos. It's actually on the plant itself.
Just give me a moment. I'll be able to show that to you again.
for some reason the photos went blank
okay here we go
Right now, there are three containers against the property, and what they've asked and we proposed is putting basically one of those plastic bins with a top and a lock on it
so that each of these could be housed in one unit.
We could put it here, or we could put it over here.
Did streets review that?
I know you said it's on the plan.
The reason I say that is these are very narrow sidewalks.
You're at the corner where there's the 88 curb ramp,
and you have to have 36 inches free and clear,
And it does not count what they consider the tree or planting zone, which is against the curb for signage and things of that nature.
And I think it does not look like that is going to have enough clearance with the if you have it, you barely have it.
So I'll just make sure you check that.
We certainly will. Thank you.
Council, you've agreed to a temporary variance for this.
Well, we prefer not to, but we understand that's what the RCO would like.
The issue with the, and of course, it's up to the board's discretion.
The issue with the temporary, Mr. Chair, is that in order to occupy, my client is going to have to adhere to the International Building Code, which will require a significant investment of a sprinkler system.
I understand.
So that's the only reason why I think a three-year.
I understand.
I know the questions from the board.
Questions for our attorney.
Does it require a CO?
Of course.
Oh, absolutely.
Absolutely.
Can't do anything without that.
And these layouts are the existing second and third floor?
Say it again?
I said the second and third floor, they're existing layouts.
Is that what this is?
These are all existing layouts.
The second and third floor are the ones that are legal or compliant, I suppose, is the proper word.
Again, terrible layouts, terrible living space.
First floor unit has the best, of course, living space, and it's a one-bedroom.
The upper floor is a two-bedroom, so it'd be better as one, actually.
But it is what it is.
Questions from the virtual audience?
yeah i do not see any hands for that matter planning commission
thank you chairman and good afternoon david ficto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rsa 5 residential
single family zoning at this location the city changed the zoning maps in this neighborhood in
1974. In 2013, the city issued a use permit for two dwelling units. A prior owner converted the
ground floor into a residential unit without the benefit of permits. The city planning commission
recommends the board grant a proposed use variance for three dwelling units. So MI 2024-005-739-1454
South 28th Street. I vote yes
with proviso.
Certificate of occupancy to be obtained.
Michael Johns, my vote is
yes with proviso.
Cheryl Gaston, my vote is yes with
proviso. Tanetta Graham, my vote
is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Tyowin, my vote is yes with proviso.
Thank you, counsel. Thank you.
All right, number four.
MI-2025-001-490-248-Earlheim-Turris.
MI 2025
001 490
I'll see you next week.
Olivia Gabriel is the attorney.
There's a letter of non-opposition from the 12th Ward Democratic RCO.
And there's a recommendation of non-opposition from Solo Germantown with provisos.
And Mr. Chair, Councilmember Bass has taken the position of non-opposition with no provisos.
Thank you.
Olivia Gabriel, please.
Please excuse the delay, Chair, though, she'll be coming back in as a panel shortly.
Sure. Thank you very much.
Welcome.
Olivia Gabriel, please accept the invitation to become a panelist.
Right.
Yes. Hello. Good afternoon, everybody.
Hi, could you please state your name and spell for the court sonographer?
Yes, my name is Olivia Gabriel, and I represent the applicant, and she should be here as well.
And her name is Martine St. Bill.
All right, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Do you waive the reading of the refusal, and do you agree with its accuracy?
Okay, why don't you start your presentation?
Thank you.
Let me share.
All right.
One moment.
Well, I'll just.
Let me just have one moment.
All right, let's see if it works now.
all right the current project is 248 north north earlham uh the owner of the property purchased
four parcels that were that are interconnected and it was reconfigured into two different
parcels. One parcel is already a daycare for the same owner. It's named Bambino Daycare
and the owner wishes to extend the current property into the existing daycare.
this is the refusal
this is the application
this is the project information form
and I believe the architect is present so I'll skip the plan and have them explain
and this is the deed of the property
We have all your documents, so why don't you, if you can, can you have photos?
Yes, this is a photo of the inside of the property.
No work has been done except to, my client framed the property to make it safe.
This is the inside.
This is outside of the property.
There was some concern when we had our meeting, which took place on May 13th, about the garbage disposal.
My client wanted to submit photos to show that the trash disposal was contained on the inside.
And she does have a private company picking up the trash currently once a week.
But I believe if she is permitted to add the second daycare, she will also request twice a week.
And this is the current daycare right here.
This is the current daycare.
over right here.
And how many people are in the current daycare?
Ma'am, how many people in the current daycare?
The current daycare has 72 students, but they are not there all at once.
Okay. And then how many do you want to put in the new daycare?
She's proposing also 72, but not all of the students will be there all at once because they have different ages.
So they will be coming at different time of the day.
So not everybody will be there all at once.
And, okay.
So this is outside of the property.
So this is currently a pool and that pool will be covered and transformed into a playground.
This is evidence of posting.
This is, this is proof of mailing. We mailed documents to 81 neighbors.
And this is the letter.
All right. I have my client present, Martine.
Well, I think, do you need to say you have your architect too?
Why don't you bring the architect on and try to explain how the building is going to be laid out, okay?
Right. Mr. Sam Tzu, are you present?
Mr. Sam Tzu?
Did we see anyone in the audience?
Oh, Mr. Martine Sandville had your hand raised.
I promoted them.
All right. If Mr. Sandville is not there, Martine Sandville, she is the owner of the project, and she is very familiar with the plan.
Sure. Why don't you bring her on, and then she can explain what she's trying to do.
If I may just have one moment to, Martin, are you present?
Martin?
Still waiting to see if they come back in as a panelist.
Okay, thank you.
If not, I will allow them to talk.
All right, she's present.
Let me share again.
So the center of this, you already have one daycare
that has 72 people.
And now you're looking to replicate it next door.
Right.
And there is a demand
because there are parents
who are already on a waiting list
uh waiting for right is your client on is your client on yes martin sinville
yes she's present martin could you please state your name as bell for the sonographer
Martin Samville you are unmuted
this is this is the architect
could the architect could you please state your name and spell it for the stenographer
Sam Xu spells S-A-M and X-U is the last name.