the second and third floor apartments only correct so the first floor is
already a daycare a commercial property thank you comments from the virtual
audience I do not see any hands mr. chair any commission Amy Boyd with the
Planning Commission the comprehensive plan of recommends no change in zoning
to the existing CMX-1 commercial mixed use.
The appellant has not demonstrated
that there are unique physical conditions
or circumstances of the property
that would prevent it from being used
in conformance with the zoning code.
The Planning Commission recommends
that the board deny the requested variance
for visitor accommodation.
So MI 2026, 002, 612, 921 North 29th Street.
I vote yes with proviso.
Use limited to second and third floor. Temporary variance granted will expire 7-23-30.
Michael Johns, my vote is yes with Proviso.
Cheryl Gaston, my vote is yes with Proviso.
Tanetta Graham, my vote is yes with Proviso.
Layla Beebe, my vote is yes with Proviso.
Sir, you have your votes.
Thank you so much, everyone. Have a great day.
is there anyone uh in the audience who 2 p.m case has not been called
i do not see any hands mr chair so we're going to take a five minute break and we'll be right back
good afternoon everyone my name is bill bergman and i will be
chairing this meeting of the zoning board of adjustment with me is our vice chair tenetta
graham president mr chairman our board secretary cheryl l gaston present mr chairman board member
michael johns president mr chairman board member layla lay uh bb president mr chairman um also
present is our attorney lynn reuter huber also our cba executive director ian haggerty and our
Board Administrator Lakeisha Dandy. This hearing is being recorded and will be posted on the ZBA
website. By participating, you consent to be recorded. This is an in-person meeting with
remote participation, whether in person or on Zoom. If you're called to speak, please start,
please state and spell your name, and then wait to be sworn in. After that, each time you're called
to testify please start off with by stating your name to enter an appearance
indicate the pro the property address on your zoom webinar speak with a staff member
call the zba office by the close of business tomorrow call 215-686-2429 and please provide
your name your email and the case address
remote participation raise your virtual hand so that we can call on you to speak when we call you
make sure that you click the join as a panelist button use the q a only for
Use the Q&A only for procedural questions, not anything to do with the case.
procedural questions not anything to do with the
If you are joining by phone, press star 9 to raise your hand and star 6 to unmute.
In-person participation.
If testifying, get close to the mic so that all attendees and the court reporter can hear you.
No talking, eating or drinking during the hearing.
aggressive behavior will not be tolerated in an emergency follow the instructions by the staff
the the main exit is the double doors in the rear the the nearest stairwell is to the left
if we evacuate please go to love park which is directly across art street and please wait there
so we can account for you so let's look at our schedule for this afternoon
Number two, MI 2025, 005-803, 1030 North 40 A Street.
We have no exhibits.
This is the second listing.
The owners are Zekia, Cavs Sample, and also, no, that's good.
That's it.
and um um no no exhibit second listing
good evening mr chair this is jason hand i will be your co-host for the session
i do not see the individual in the virtual audience and no hands have been raised for the
matter mi 2025 305 803 1030 north 48th street i vote to dismiss
michael johns my vote is to dismiss cheryl gaston my vote is to dismiss
tenetta graham my vote is to dismiss layla bb my vote is to dismiss
number four mi 2026 000 513 22 34 catherine street that case is continued to 12 9
26 at 3.30 p.m.
Number 6, MI 2026, 000814, 311 North 40th Street.
No exhibits.
This is the first listing.
Donjel Tian is the listed owner.
Good afternoon again, Mr. Chair.
once more i do not sit down into it excuse me individual in the virtual audience and no hands
have been raised mi2026 000 814 311 north 40 street that case is uh continued to 12 926 mark must be
hurt. And number seven, MI 2026, 000841, 841 Hagerman Street. That case is continued to 12926 at 3.30 p.m.
and number eight mi 2026 001 388 2511 south 73rd street um
alakaz alakala wisner is the owner applicant we do have a request for continuance could
the uh owner please come forward
I've lost call one, sir. If you're still in the virtual audience, please raise your virtual hand.
we see anyone yes they've been allowed to speak mr chair
i was called winter is a mute
i'm unmuted
hi could you please state your name and spell for the stenographer
My name is Alaskol Wissner, A for Alpha, L for Larry, A for
My name is Alaskol Wissner, A for Alpha, L for Larry, A for Alpha, S for Sierra, C for Charlie, A for Alpha, L for Larry, Debbie for Whiskey, I for India, S for Sierra, N for November, E for Echo, Arapa Road.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
The RCO and the council person for the area both requested this case be continued.
yes here's my knowledge are you are you aware of that yes okay so we're going to continue this case
steady but did he just say he's aware of it okay all right okay all right is the RCO here
okay is the is the RCO present Mr. Chair I see a hand up from Craig Melodosian yeah okay that's it
they've been allowed to speak
good afternoon chair Craig could you please state your name and spell for the stenographer
Craig C-R-A-I-G last name Melodosian M-E-L-I
D-O-S-I-A-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do, Chair Bergman.
Craig, could you give us the basis for the continuance?
Well, we sent you, I'm sorry, there was some confusion in the submittal of paperwork.
We were working with Attorney Breonna, which we feel from Council President Johnson's office.
so i please accept our apology for the delay it was a rather long explanation letter but we
cut it down from about 15 pages of problems that we sent to uh the district office and the um
we didn't really want to bother the president's office uh but unfortunately there's been an issue
with uh the chief of staff for the district office being out uh we found an extraordinary
number of irregularities that we were trying to work around that involved what we believe
are significant life safety and long-standing code compliance issues. We were trying to help
and work with the applicant and said we would be supportive of his application for professional
office, but the current use had multiple violations, and because of the presence of children in the
general public, we felt that it was inappropriate and unsafe. We indicated, again, we would be
willing to work with him changing his use. We told him we would support the current application
for professional services or office, which is a second application. His previous one was rejected.
But we asked that in exchange there be a proviso, that one, he would immediately surrender the
certificate of occupancy that he had that we believe he's not in compliance with because of
building code, zoning code, fire code, and ADA code. And that, again, we surrender that. We will
support him for three years on the professional license. That would give him time to find
appropriate legal and design staff to help him correct his problems if he wanted to stay with
that same intensive use. He did indicate that he wanted to move it, so we did not understand why
he was unwilling to surrender it and accept our support where he could have picked up his piece
today but as we've gone further into it we found some issues I hate to say it
of integrity and it appears material in the public record already indicates that
he's also running the professional offices out of the building though he
does not have the zoning so we would like to work with them we'd like to sit
down and have a somebody a legal staff from the council president's office work
with us so we can get this done he can surrender his license or or we can turn
it over to the various authorities to take a look to see if our our concerns
are founded and do indicate as a put in the material there today something as
simple as taking down the signage from the front of the building or amending or
doing a new application for a sign permit we found his own willingness to do
We found his own willingness to do that. Unusual. The other issues, we could not see the backyard
that unusual
when we looked from pictures. We got no pictures showing us either the north elevation or the east
elevation, which were important to show movement down the side alley to the ground floor of the
building. We finally found satellite pictures prior to him obstructing the view, which correlated
with two of his outstanding violations that have been out there for several years we would like
to work with him but he's going to have to step up make some commitments to the community and work
with us okay um mr mr wisner mr wisner yes sir mr wisner did did you hear that request for the
continues yes are you willing to have your case continue today yes okay um so we're gonna you
know continue this case to 12 9 26 at 3 30 p.m and but we cannot be part of having him surrender
am i correct we can't craig we can't have him surrender so that is something in your conversations
you figure that out with him but he's agreed to continue the case did you say 12 9 12 12 9 26.
that must be december what's that that must be december i can't even say this december of 2026
yeah december yeah yeah wow at 3 30 p.m
yeah showed me that you are going to be sure that uh
craig has shown me that you are going to ensure that uh we actually expect that day
so why don't why don't we do this why don't you and craig touch base with each other
okay all right thank you thank you uh sir for agreeing and
craig thank you for getting on the phone all right let's go to our regular list thank you very much
all right
number three mi20260004695235 north 11th street
princess princess
Princess Kinnard is the owner applicant.
They are rejoining as a panelist now.
Thank you very much.
That's true.
Hi, good afternoon, Mr. Chairman.
Good afternoon.
could you please state your name and spell it for the stenographer yes princess p-r-i-n-c-e-s-s
last name o-w-u-s-u right do you swear or affirm to tell the truth the whole truth and nothing but
the truth yes sir our vice chair has just a few questions for you good afternoon have you submitted
your documents and exhibits five days in advance of this hearing yes ma'am and um this application
is for group child care? Yes, ma'am. Okay. And you understand that you were refused because that
group child care is prohibited in RSA 5's district? Yes, ma'am. Okay. All right. Thank you. You can
share your documents and tell us what you're trying to do. Okay. Okay. Are you able to see my
screen should be coming up yep we see it now okay great um so this is yeah we have all the all the
documents that you submitted we have what i would recommend is you show photos and maybe if you have
plans for your your location yes so i'll start with the front this is the front corner view of the
location um here this is i have security cameras out front so i wanted to give a view of that
showing the parking, showing the block and the front angle of the property.
This is also the front where you can see my notices posted on my door up on my
gate and in my lawn. This is the side view of the property going back into the
gated backyard. This is the backyard area which is gated and also has privacy
protection around the gating. And this is also just showing another view with
the security camera of the backyard on the main floor entryway this is showing our main circle one
On the main floor entryway, this is showing our main circle, one of our, our main circle area, one of our classrooms.
of our
And this is just another view, another camera showing the entire downstairs, another view of one of our cameras, I mean, of one of our main classrooms here.
This is our, another view downstairs showing just all the security cameras and the multiple views being able to watch the children from all angles at all times.
Upstairs, this is the hallway area.
Another angle of the hallway area, you can see there is a front bedroom, the bathroom,
a middle room, and there's also a back room.
This is just another angle of the upstairs bathroom area.
and then our front bedroom that is our one of our classrooms that is our sensory area
when weather isn't permitted and we have to play indoors if we have to do yoga meditation
any of those things we'll use this front bedroom for our sensory area this is our sensory classroom
another air another angle of the sensory classroom the middle room is the office area
another angle of the office area and the upper back room is our third pre-k classroom that we're
looking to hopefully have more children being able to fill this room as well as our pre-k area
this is a view of the basement which is solely used for storage purposes
we have the front storage area all of my supplies all of our things for the season
this is all storage area used down here and then in the back of the basement we have another
exit way that we'll use when we are playing outside the kids are able to come in this
coming through the back security way use the restroom wash their hands again when we are
upstairs in the um backyard outside um this is just from our meeting
i'm sending out the postage these are the people that in my neighborhood showed up to the meeting
and was able to sign um the support from both the rco and the councilman that showed up to the me
and michael bird and this is the meet and i actually hosted the meeting in my daycare
there's a church across the street this is the deacon he was able to come out like i said michael
bird the councilman was there this is our co-block captain joy um we were able just to discuss
different resources different ways that i'll be able to offer more families more siblings will be
able to come to the daycare if i have more seating available and um they were able to ask some
questions and fully fully show their support so you currently are operating right now right yes
i am and how many how many students do you have six six um and do you live at the house or is it
just nothing but child care they care yes just child care the whole whole place right yes sir
okay questions from the board so you talked about the access to the rear yard so you as you go down