ZBA Hearing - October 25, 2023

This is not a refusal. It's a

referral, which means that

the use itself is already deemed to be compatible with the code.

We just need to, as you know, make sure and show that what we are proposing will not have

an adverse impact that would be extraordinary, would be any different than what one might

expect in the neighborhood for this use, similarly situated.

My clients already operate a personal service body art facility in the neighborhood, and this is where they'd like to land in this space.

Take a look at the actual space.

It's one spot in a larger building.

As you can see, that's the property right there, CMX2.

This is the facade, here's the interior, here's some layout,

this is the facade here's the interior

so there'll be body art stations, ample trash removal, commercial of course for hazmat

needles and such. Here's the 3D model.

We have our lease.

We did, in fact, meet with the neighbors.

Here's the letter that went out to 55 individual households, all who live within 375 feet of the property.

i'm going to move all 26 uh pieces of evidence into uh into evidence for the exhibits

again we met with the neighbors i i thought the rco sent over a letter of non-opposition

but uh if you don't have anything uh handy my office could certainly provide it

you know if that's the case um but again this is a you know a commercial strip

completely compatible use with the uh with the cmx2 uh designation we're not looking for a

variance simply looking for a special exception certificate uh with a client who has done this

for years in this neighborhood

with, you know, very well

regarded. And

with that, I'd like to call

Ms. Montiel

M-O-N-T-E-I-L

I believe, Montiel, to

raise her virtual hand to

be promoted to put her

under oath.

Melissa Montiel.

You've been allowed

to speak, sir. Thank you.

State your name, please, and spell it for the

court stenographer.

Montiel, M-E-L-I-S-S-A-M-O-N-T-I-E-L.

Swear or affirm, tell the truth, the whole truth, and nothing but the truth.

Yes, I do.

Proceed, counsel.

Thank you, Mr. Chair.

Ms. Montiel, did you hear my presentation to the board this evening?

Yes, I do.

And is it true and accurate, to the best of your knowledge?

Yes, it is.

You adopt it as your own testimony.

Yes, I do.

Are you a long-standing member of the community who has operated these sorts of services to the benefit of the near neighbors?

Yes, since 2015.

Thank you. I have nothing further.

It's from the board.

No, Chair.

Questions or comments from our attorney, Hillary Emerson?

Just briefly, Mr. Chair, one, we do not have a record of an RCO letter being submitted.

in this case so if you have one please please submit it to us um second um should there be

any sort of proviso specifying where where this use is on the second floor or in a certain suite

or something like that melissa do you have a specific space it's on the second floor it's the

entire second floor okay thank you okay we can we can do if if your client is okay with it then we

could do a proviso limiting it to the second floor i understand from the least that is the

part of the building she is renting that's correct questions or comments from the virtual audience

i do not see any further information commission so this is ron bednar city planning the property

is indicated for commercial mixed use on the city plan proposed use will have no more of an impact

than would be expected given its um specific location therefore we recommend that the board

grant the special exemption i think we'll we'll move forward with this i don't i don't think we

need the letter i mean um meeting was back in in august well we should have the letter if there

was a letter issued we should have it for the record but i think you can still vote on it today

So, Vern, if you have it, please send it over to Hillary.

Yeah, I thought we did.

I know it's not in the exhibit packet, but, you know, because it's just a referral and not a variant, so I've just asked that you vote if you can, please.

Okay, so MI 2023, 002-184-301-23 Spring Garden Street.

I vote yes, proviso, activity limited to the second floor.

Thomas Holloman, my vote is yes with proviso.

My vote is yes, with proviso.

Ishmael Shahid, my vote is yes, with proviso.

Thank you very much.

Have your votes.

Have a good evening.

All right, thank you.

Is there anyone in the virtual audience whose 330 case has not been called?

I do not see any answers.

Okay, thank you.

First, I want to thank Emily again.

Emily, thanks for spending very long days with us.

And we do appreciate everything you do, but thank you very much.

Yeah, thank you.

Thanks to everybody else.

I mean, I think we had a good day.

We've done it a fairly good time.

So thank you all.

Thank you, Emily.

Thanks, Steph.

Thank you, Drew Bill.

Thank you, Drew Bill.