Okay, ladies and gentlemen, we call to order the meeting of the zoning hearing board for the city of Allentown for May 11th, 2026.

The board this evening consists of Samantha McLean to my right, Scott Unger to my left.

My name is Robert Kenauer.

We have three matters on the agenda this evening, and in a moment our secretary will call the list.

We ask that the appellant indicate his or her presence and whether or not represented by counsel.

She'll ask if there are any objectors.

We ask if the objectors are here.

Raise your hand so we can get a count.

She'll ask if there are any interested persons not necessarily objectors.

We ask that they also raise their hands so we can get a count.

Tabitha.

Case number one, appeal of Northport properties, LLC at 405 Walnut Street.

Is the appellant present?

The appellant is present.

And represented by counsel Stephanie A.

Cowell, Fitzpatrick Wentz and Bob.

The appellant is present.

Are there any objectors to case number one?

No.

Are there any interested parties not necessarily objectors to case number one?

One.

Case number two, special use application of Judith McKitz at 436 North Second Street.

Is the appellant present?

Yes.

Yes.

The appellant is present.

Are there any objectors to case number two?

The city objects.

One are there any interested parties not necessarily objectors to case number two.

No.

Case number three, special use application of Ram Das Agra at 1453 Linden Street.

Is the appellant present?

Yes.

The appellant is present.

Are there any objectors to case number three?

No.

Are there any interested parties not necessarily objectors to case number three?

No.

Okay, Ms.

Cobalt, your matters up first.

Thank you.

And have more time to get to bring my witnesses up with me.

Do you mind if I approach to give you my exhibits?

No, go come right up.

We'll have the witnesses when they're testifying sit next to the stenographer.

Okay.

Thank you.

Okay.

No, either either or if it's time to go up.

Oh, okay.

And then someone can speak in there as well.

Yeah, Monty, your first question.

Could you just call your personal last name?

Monty Kelsey.

Okay.

Would you like to swear in the witnesses first, or would you like my opening first?

You can do your opening first.

Sure.

Thank you.

Good evening.

My name is Stephanie Coble from Fitzpatrick Lens and Buba, and I represent the applicant AR development company.

With me this evening, I have two witnesses, Mr.

Monty Culcy and Mr.

Chris Geary from Osala Architects and Engineers.

By way of background, this project's located at 405 West Walnut Street within the city of Allentown.

The property is part of the residential office mixed downtown zoning district.

The applicant is the equitable owner of the property pursuant to an agreement of sale.

I've provided a redacted version of that agreement of sale at Exhibit A1.

The applicant plans to construct a seven-story, 44-unit apartment building with 30 on-site off-street parking places.

Spaces located on the first two floors of the building.

From a land development perspective, the city has reviewed the project and granted conditional final approval.

That grant was made by the planning commission on January 13th, 2026.

A copy of the letter memorializing that is in the packet at uh tab two.

As part of the land development review process, the city determined that the project needed two dimensional variances.

A copy of the February 9th, 2026 zoning officer letter is attached as exhibit A3.

The applicant thereafter submitted a zoning appeal seeking two variances.

A copy of that appeal is attached as exhibit A4.

The appeal sought the following a dimensional variance from section 660-63E2 to permit a 17.2% disturbance of an area with an existing grade of 35% or higher or greater when no area shall be altered, regraded, or cleared with a 35% or greater grade, and a dimensional variance from 660-37 to permit zero site clearance at the intersection of South Fourth and Walnut Street when the ordinance permits no structures in that area.

The testimony presented by the two witnesses will establish that the applicant is entitled to the two dimensional variances.

Mr.

Colsey is just gonna lay some background as to what's going on.

But just in the event that questions come up, both both witnesses are of course available for questions of the board or anyone else throughout.

At this point, I'd like to start the testimony of Mr.

Colcey.

Do you swear to tell the truth?

Can you first tell the truth, the whole truth and nothing about the truth?

Yes.

Can you please state your name and spell your last name for the record?

Monty Kelsey.

I'm the president of AR development company.

Okay, and can you spell your last name?

K-A-L-S-I.

And what's your address for the record?

2180 Spyglass Hill, Central Valley, PA.

And are you familiar with the property that's the subject of the application?

Yes.

Have you been to the site recently?

About a month and a half ago.

Okay.

Where is the property located?

It's at the corner of uh Walnut and South Fourth Street.

And is the address 405 West Walnut Street?

Yes.

And do you currently have the property under agreement of sale to purchase?

Yes.

And the agreement of sale at Exhibit A1.

Is that a true and correct copy of the agreement of sale?

Yes.

Okay.

Save for the redactions, of course.

Can you describe the uses that surround the property?

Mostly residential uses.

There's a Allentown School District building in the back, an office building.

There's a Lehigh County historic building.

Okay.

And Mr.

Calsey, how do you plan to use the property?

As my engineer Chris will explain in detail, we're planning to construct a seven-story residential building with 44 apartments and parking for 30 30 spots.

Okay.

And what's currently at the property?

It's a vacant lot.

It's undeveloped.

So it's an infilled development within the city.

Yes.

And did the planning commission already review and approve the project?

Yes.

And at Exhibit A2, is that a true and correct copy of the letter you received from Ms.

Gomez regarding that review?

Yes.

And Mr.

Calsey, have there been prior attempts to develop this vacant piece of property?

I believe the property was under agreement at some point in the past, but the that never got full, you know, got through.

And has it felt it fell through?

Yeah.

And has the property been on the market for quite some time?

Yes.

Okay.

I have nothing further for Mr.

Colsey.

As I mentioned, the bulk of the testimony is going to come from our engineer.

No questions.

Okay, sir.

At this point, I'd like to call Mr.

Chris Geary.

Okay.

Chris Traditional's coming.

Yes.

Christopher.

If you could kindly raise your hand, please.

Yes.

Thank you.

Mr.

Geary, can you state your name for the record?

Christopher William Geary.

And who employs you, Mr.

Geary?

Seller architects and engineers.

And are you familiar with the subject property and surrounding area?

Yes.

Mr.

Geary, I'd like to turn your attention to exhibit A5.

Is that a true and correct copy of your resume?

I don't have those.

Sorry.

You need that here.

We can use this.

Oh, okay.

I have plenty.

She came prepared.

Yes.

Mr.

Geary, can you briefly summarize your experience to the board?

Um a licensed professional engineer in Pennsylvania.

My license number is PE 083.

I've been practicing for over 30 years.

I have a bachelor's degree from uh in civil engineering from Lafayette College, and I have a master's degree in civil engineering from with transportation focus from New Jersey Institute of Technology.

And have you been qualified as an expert in civil engineering in the past?

Yes, numerous times.

At this point, I'd like to move to qualify Mr.

Geary as an expert in civil engineering.

We accept him as an expert in civil engineering.

Thank you.

Mr.

Geary, can you please explain to the board the intended development of the parcel?

Sure.

The parcel is currently vacant.

It's uh just the existing land covers this grass.

Uh Monty's proposing to develop a uh 44-unit apartment building with 30 parking spots that are gonna be underground and two different levels and uh the prod the parcel 405 West Walnut Streets located at the northwest corner of the northwest corner of uh West Walnut and Fort South 4th Street Mr.

Geary, I'd like you to look at exhibit A6.

Is that an engineering plan showing the project in detail?

Yes.

Did your office prepare that plan?

Yes.

Can we go through it a bit?

Of course.

All right.

So the plan shows sidewalks along South Fourth and West Walnut Streets, and then a building beyond the sidewalks.

Is that correct?

Yes.

And except for the two items that of relief that we are seeking tonight, is this plan otherwise compliant with the zoning ordinance?

Yes, the plan received conditional approval.

And I'd also like to turn your attention to exhibit A7.

Are those true and correct copies of the building floor plan and an elevation?

Yes.

Now our first variance here tonight is for a clear sight triangle at the corner of West Walnut and South Fourth Street.

Can you explain to the board what is proposed and what is permitted?

Yeah.

Uh the first floor of the building is set back as not to encroach on the clear site triangle.

And then I'm sorry, you asked what was proposed.

Yeah, so the the building's kind of set back, it has like a little cutout in the corner right at West Walnut and uh South 4th Street to kind of uh comply with the zoning ordinance.

There's a 15-foot required clear site triangle measured along the property line on either side.

Um and then we can't be within 30 inches high to 10 feet high in that area that per the zoning ordinance.

So what we proposed is a building that kind of follows that line.

Um, but then up the second floor is gonna come back out over top of that area.

And we we did that to there was a couple reasons we needed elevator space for life safety issues and stairwells and to support the floor plan.

But in doing so, we we need to put a support pillar down inside that clear site triangle.

So that would be an obstruction.

So except for that support pillar, there is no encroachment in the clear site triangle.

Correct.

Okay.

What are the dimensions of the support pillar?

Oh, that is still being designed by our architect, so it's um I don't know to be honest.

I'd I'd be only guessing.

No, the only other encroachments in there would be shrubs or plantings, but they're gonna be underneath the 30 inches above the curb line.

And and just so we're all clear, the actual building walls though, do not encroach in the clear side triangle.

Correct.

Um does the beam restrict all of the site lines or support pillar as you're calling it beam as I call it, restrict all of the site lines through the clear site triangle?

No.

Now let's talk about the intersection of South Fourth and West Walnut.

Is that a signalized intersection?

It is, yes.

Is West Walnut a one-way street?

Yes, one-way heading eastbound.

Okay.

And West Walnut at the intersection with South Fourth Street, does it have two lanes?

Yes.

The the left lane is a left turn only lane, and then the right lane would be a straight and a right turn.

Okay.

And if you head on West Walnut across across South Fourth Street, does that turn into Walnut Lane, which is really a dead end?

Yeah.

So from South Walnut, can you make a right onto West or from South Forth?

Can you make a right onto West Walnut?

No, you can't because of the one way.

So based on the fact that West Walnut is a one-way street, the intersection is signalized, and traffic heading straight on West Walnut is in the far right lane.

Will granting this relief cause any traffic hazards?

No.

Um can you tell the board just how cars are going to exit enter the proposed project?

Sure.

There'll be a entrance off of South 4th Street, and there's another entrance via an access easement granting from the neighboring property at 411 West Walnut Street, but that entrance has no impact on the clear site trigonal.

Okay.

Do you anticipate the relief we're seeking tonight to have a negative impact on the one entrance off of South Fourth Street?

No, I do not.

Earlier you spoke about the fact that South Fourth Street and Walnut Street is a signalized intersection.

Does that signalize intersection also have a crosswalk and pedestrian signals?

It does, yes.

And as part of the uh of the planning process, the city's also requiring us to put a uh countdown pedestrian signal heads in and also uh accessible push buttons.

So the and it should make the intersection uh more pedestrian safety increase it.

So so the project's actually helping with the safety here.

It is, yes.

So in your opinion, will this uh relief regarding the clear site triangle, will that negatively impact pedestrians?

No.

Is there any way to develop the project without this relief?

Uh no, when we designed the project, we tried our best to meet the intent of the zoning ordinance, especially trying to style the clear site triangle and also meet and the the lots narrow and uh and long.

So to meet all the requirements of the building codes and the life safety requirements, um we did it, we did our best stay out on the first floor and the second floor.

We needed more space upstairs to meet those requirements, and the only way we could do that is to support the second floor is to have a beam that's going to be inside the clear site triangle.

So it's essential for structural support, in other words?

Yes.

Um if this property were not at the corner lot or the lot was wider, would you need relief from this order section of the ordinance?

No.

Um and just to be clear, the applicant didn't subdivide this property.

No, the appling didn't subdivide property.

This the subdivision had been largely processed prior to him, his involvement.

And um it's basically just an infill project with the surrounding lots.

So does the location of the property at the corner and the geometry of the lot in that it's narrow and long, create a hardship from an infill development perspective?

Yeah.

Um could we seek some lesser relief when it comes to the clear site triangle?

Uh no, we we tried to do our best to stay out of it, but we minimize it as much as we possibly could.

And will this relief negatively impact the character of the neighborhood?

No.

Will this relief create any health safety or welfare concerns?

No.

Will this variance negatively impact the development of any adjoining or close by properties?

No, all the parcels are already built out.

All right.

Our second variance is to permit a 17.2% disturbance in areas of 35% grade.

Can you explain to the board what is proposed with regard to that variance and what is permitted?

Okay.

Um the ordinance permits disturbing steep slopes 25% or greater if it's under 500 square feet as disturbance.

Let me interrupt.

Yes.

Do you have an opinion on whether or not the slopes are man-made or natural?

I believe they're man-made when we built the road.

I try I looked at like historical maps, and it seems like about in 1957 when that South 4th Street went in.

At least that's when it the maps got a little bit better.

Um it look it looks like all those slopes were created at that point.

You can even if even if you go down um, I guess it's northbound on South 4th Street, the parcels on that same side.

They have retaining walls, they have the identical slopes just going all the way down that road down towards Martin Luther King Boulevard.

Yeah.

Okay.

Yeah.

All right.

I'm gonna back us up to the first question.

Um variance is to permit a 17.2 percent disturbance in areas of 35 percent grade.

Can you just not to well I will interrupt, but I think it's in it's in your favor.

Um this board and the new ordinance has resolved this.

This board has determined previously that the steep slope provisions in the previous ordinance, which were under, were essentially defective because the ordinance allows you to create three to one slopes as a new development, which 20 years from now would be regulated slopes.

So since I I agree with the uh the witness that these so uh steep slopes were clearly created by previous earth moving activities likely to create South Fourth Street.

Um yeah, I would I'd make a motion that uh we just provide a favorable interpretation if these slopes are not regulated.

We agree.

I have no objection to that, obviously.

Neither though though it does take away the a lot of the rest of my testimony on this matter, so um you know a wise lawyer knows when to shut up.

Okay with that chairman, I'd like to move for the admission of the exhibits and all the rest of my questions pertain to to the um variants that you granted the favorable interpretation on.

Okay, all right, and your exhibits are admitted.

Thank you.

Thank you.

You can step down.

Okay.

Are we ready for discussion?

Yes.

Go ahead.

Uh I think, and there's also well, Mike.

Is that is the clear site triangle the same in the new ordinance, or did that get revised as well?

There are also significant revisions to the clear site triangle provisions in the new code.

This is this is located in the GXD zoning district, which is our core downtown area where it acknowledges that we're developing right fully to the curb line and where there aren't the clear site triangle requirements.

If this application were to be submitted under the current code, neither of these two variances would have been an issue because they would have been by right activities.

Thank you.

All right.

Uh however, I mean, since we're not under the new code, and and while the sleer clear site triangles of the old ordinance um were occasionally a challenge to deal with, and I'm glad they've been resolved.

I don't think that we've got we've we've never taken the stance that the the ordinance had a defect um as we did with the steep slopes.

So I think um given the applicant's proposal to attempt to mitigate the impact uh and intrusion into the clear site triangle um with a column uh of an unknown di unknown diameter or size, but that is consistent with other um historic properties throughout the city where there is a corner column.

Um and so I think um they've worked to minimize the relief necessary, and I don't think it's inconsistent with uh other things that we've seen.

So I'll make a motion both to approve the variance for the clear site triangle um and uh reiterate my motion to make the favorable interpretation that the steep slopes on this particular site are not regulated by the ordinance.

So I have a second.

I second that.

All right, all in favor.

I thank you, gentlemen.

And Ms.

McLayton.

Thank you.

All right, which next here will we take up all these?

Good to see you.

City of Judge to which one?

So yes, objections to case number two.

Oh, there it was, yeah.

Or just with case number with respect to case number two.

No, with respect to keys.

I think the fall and the left is another case.

Yeah, but strongly encouraged the war and inquire about the whether you permit the thing.

The city lay the parts on the table in the front, so they can address the testimony and also well.

How about if we take three and then go back to two?

Do that?

Okay.

All right.

Uh so the um Ramdas uh agar wall application.

Lyndon Street.

Yes.

Who's here?

Gene.

Yeah.

Do you want us to sit up front?

We're here at the table.

No, we'll have a witness up here, and if you have something to present, you could bring it up closer to where we are by the flag there, maybe.

Or I can bring it behind uh the witness chair if you want me to point at it.

Okay.

And I have large large copies for each of the members of the board.

Okay, thank you.

I do think that's okay.

Yep, my name is Gene Berg.

I'm a registered architect at Gauk Architects.

I'm I'm a registered architect both in Pennsylvania and New Jersey.

We're located at 1304 Hamilton Street in Allentown, Pennsylvania.

And we're here tonight before the board regarding a conversion of an existing.

It's a residential.

It was a conversion of a um of an existing single family conversion of an of an existing uh commercial space into one dwelling unit.

Uh so the existing space of the first floor apartment is nine hundred twenty-two square feet.

It's greater than the nine hundred square foot minimum.

There's an existing apartment on the second unit, which is on the second and third floors.

That square footage is one thousand four hundred twenty-three square feet.

Uh so both of these apartment units are in compliance with the minimum floor areas uh stipulated by Allentown's old zoning ordinance.

We're under the old zoning ordinance.

And uh the property is located at the intersection of 15th and Linden Streets, and uh we have three parking spaces behind, which are existing parking spaces uh behind our unit.

Uh so we we meet the ordinance requirements for parking, and we're essentially here tonight, you know, to request to request the the conversion of the first floor office space into an apartment.

And what was the first floor office space?

What was the activity there?

Do you know?

You know, it has been vacant for the past six years, and uh Ram Agarwal, who's the owner, is here tonight, and he can testify to that.

Okay, very good.

Thank you.

He's had a very difficult time in leasing that that commercial space.

It looks like a residence from the exterior, and we're keeping the original appearance, you know, of the and this is a photo at the back that shows the parking spaces that are existing.

Uh but the front of the building looks like a residence, and uh therefore people don't see it as being a commercial space, and it and it just won't lease as a commercial space.

So the owner's asking to provide a one more uh dwelling unit at that location on the first floor.

Let's see, and we're gonna uh medium high density residential district.

Yes.

Okay, with the TNDO overlay.

Samantha, any questions?

No questions for this.

Yeah.

Okay, thank you.

Okay.

Is it approved?

Not yet.

Okay, here that we're gonna hear from the uh owner.

Ram, you're not about that problem, boy.

Uh Ram is hard of hearing, so it's difficult for him to hear your questions.

So if you speak loudly, then if they speak loudly, then you can answer their questions.

Yes.

Why don't you come up here and sit by the stenographer?

Sir, is this the correct spelling of your name?

Yes.

Is that right?

Ram the side of the right.

That's right.

Do you swear to tell the truth, the whole truth and nothing about the truth?

So how do you got?

I speak to true and you can.

See the microphone there?

Yeah.

Pull that right up close.

All right.

Um how long have you owned this property?

Uh five years.

And has it been vacant that whole time?

Is it been occupied?

Occupy only second floor.

First floor is never never occupied.

Never ownership.

I try, I try, but there's no commercial phase around there.

No.

I'm sorry, there's no, sir.

What did you say?

You try.

What did you say?

You said I try.

I try for the commercial for regid for the rental.

Yeah.

But is no commercial face around there?

I mean nobody rented for that commercial.

I want to resident commercial to residence.

According to the notice, this is a require special exception.

Yes, that's correct.

It's that limited carve out in the old code where conversion of a lawful business unit or a lawful business use to one dwelling unit would be permitted by special exception rather than being regulated as uh as a residential conversion under the old code.

As I look now or records here there, I can't see any recent business licenses on file that would suggest current or then would suggest current use.

There hasn't been any, there hasn't been any commercial use for some time.

The last proof of any kind of commercial use would have been sometime around 2003 or so.

There were efforts made to pursue an office use, but they were not followed through on.

And it's worth reminding as well that since it is a special exception, there's there's no hardship that would need to be proven by the applicant per se to occupy the space.

Except for the fact that in this particular case there is no lawful business use.

Yeah, because there's no current license.

Or to the city's understanding, there hasn't been a there hasn't been use established without without permits.

The city's own office interpretation typically has been if the if the last approved use of the space was as commercial, that commercial would carry forward if it if it was legitimately established or regardless of the presence or vacancy of a business.

Can you point me to the section?

Sure, I will 660-84 on page 660-139.

It's the additional requirements for special exception use for the conversion of an existing lawful principal business into one dwelling unit.

So, sir.

Have you made any changes to the first floor since you've owned it?

Only first floor only.

What what changes did you make?

For the residence, I like to make a residence.

Yes, but it's been vacant, right?

This is empty.

Yeah.

Empty low, maybe 10 or 15 years.

Nobody rented that place.

And are they offices there?

No, no, no, offices.

Is it designed for offices?

No, they designed underfices.

You check is now they have rooms by room by room, but no any office is there.

Right.

And when I voted, I voted commercial.

Yeah.

But I tried to seven year, nobody rented that place.

So there are a number of rooms.

Room after room after room.

They have alley.

They have alley.

They have one room in the front, they have two doors.

One in the front, one in the back.

Sir.

What did you say?

Can you say your answer again?

Can you say your answer again?

Can you repeat your answer?

Can you repeat what you just said?

Okay.

Seven seven eight years, nobody rent that commercial phase.

Because left and right, east and west, no, have no any commercial phase.

Only all residential is all around there.

Sir offices as it exists.

Can it be used for offices as an example?

No, they cannot use offices.

No.

I have you seven year sign the commercial page is rent, rent, nobody wants to see either.

So this is no commercial around there.

Did you make any changes to the first floor?

Only first floor I want to change.

Did you make any changes already?

No, but when we approve, then I change it.

So right now it's set up for offices.

Yeah, I mean yes.

Okay.

You see that the front and back, they have all residential, all left, right, east, back, all residential.

No stores, no nothing, no offices.

Okay.

And I'm still paying commercial taxes last seven years.

Questions?

Questions.

And just uh return to a point that the board made previously.

I went back into our legacy records.

The last record I can see if some kind of concrete office use of this space was in 2006.

The initial establishment of the office use would have been in 1974 as some type of medical office.

More recent records just indicated general professional office type.

So there probably would be some remnant.

I am I suppose there probably would be some remnant of the office use still remaining in the space.

Okay, I don't think the board has any more questions, so you can set down Mr.

Geary.

Do you want us to mark the uh drawing that you uh gave us as exhibit A1?

Yes, please.

And you want that admitted into evidence, correct?

Yes.

All right, submitted.

Who wants to begin?

Sure.

So um this is a special exception use, um, and I believe since it's meeting all other requirements of the zoning ordinance, um, you know, it's meeting parking, floor area, etc.

Um, there's been no demonstrated evidence that it'll um have a negative impact on the surrounding neighborhood.

Um so I've and I'm forgetting I don't have my the old code, isn't online anymore.

Um but I I don't I don't think anything's been demonstrated today that would um prohibit us from granting the special exception use what do you think Scott I think it's helpful that uh the zoning office provided some of the history I'll even note that the uh the section 11 says conversion of an existing lawful principal business into one dwelling unit, but section A under that says the business use shall have contained so it's referring to it in past tense, despite the fact that the heading says an existing, which would not be in past tense.

So um to the extent that uh it the evidence seems to indicate that this has never been not the most recent use was for business or office purposes.

Uh I I'm I can be can convinced to uh to agree that it meets the the special condition requirements and and grant the relief request.

Do I have a motion to that effect?

I uh make a motion to approve the special exception use.

I'll second that.

All in favor?

I think we got this over here.

So what do you see uh the engineer?

Geneva, hey Gene.

Do you want to explain that uh there'll be a writ decision, and after that's uh done, then permits can be applied for for renovations?

So they they shouldn't start before that happens.

The written decision will receive that in how many days?

I don't know how many days.

Forty five days.

Within within that, yeah.

Okay, thank you.

And that's also the appeal period, but no one's here tonight, so uh there would be no.

I would not expect any.

Right.

Okay, thank you.

All right, easy to establish get rid of some of this stuff up here.

Let's get rid of some of this stuff up here.

Second Street Matter.

And who is uh here for that?

Oh everyone began and checked on.

Whatever work.

Are you an interpreter?

Uh I'm gonna hire them on just to get approved.

I mean doing something for the community.

I'm sorry, can I just have your name before you I just phones?

Can you spell your full name for me?

E and R U Z.

N?

Okay.

And are you Judith?

Jubar's Juarkies.

Her name is Judy is uh okay.

What is her name now?

D can you spell your full name, please?

R-U-B-E-R-K-I-S Rodriguez?

I got that.

Tehera T E J E D A T E or T E T D S and P or Okay.

G E.

J.

E D A.

It's also Thank you.

I I don't right here.

Oh, right there.

Just quickly answering the thing.

No, yeah, it's okay.

All right.

So you could both raise your right hand, please.

Can you raise your right hand, please?

And I'm on the letter.

Do you swear to tell the truth?

The whole thing?

Yes, if yes, we don't.

Okay, thank you.

Okay, now before we go further, our zoning supervisor would like to tell you and all of us what his concerns are.

Okay.

Maybe we can address them then.

Go ahead.

And these comments may be more germane, the property owner rather than to you as the as the business owner.

And I will take a step back in case in case anything needs to be translated.

Okay.

But the when we went out to post the property, or when the zoning officer went out to put the legal property posting up on March twenty or on April 29th, the zoning officer observed a pattern of use that didn't for the property that didn't seem to fully line up with the permits that were on file.

The auto repair use appeared to be abandoned.

That's what was advertised.

That's what the permit record would provide the impression of.

However, the zoning officer saw evidence that suggested that there may be an auto-repair use currently active at the property.

There were also questions as to whether or not there was a dwelling unit at the pre at the property.

The zoning officer observed observed some indication of a dwelling unit as well.

That matter is still is still present.

So I do suggest the board may wish to inquire about the pattern of use, or the property owner may wish to provide some kind of explanation as as to the overall pattern of use so we can understand what's before us.

It's worth noting the zoning office hasn't taken any kind of formal enforcement action, but because we haven't been able to gather enough information at this point, but I do believe that those facts may be germane to the instant matter to discuss in some level of detail.

Okay, I think I agree.

Let's talk to the owner.

Why don't you folks uh take a seat wherever you like?

And we'll have uh Judith Micketts come up.

Okay, you are I just have to swear around.

Yeah.

Could you please raise your right hand?

I'll be answering most of the questions.

Okay, I don't know who you are.

I'm your daughter.

Your name?

Donna uh Micket's sensinger.

Can you spell your full name for me, please?

Donna D-O-N-N-A.

Sensinger S-E-N-S-I-N-G-E-R.

Okay.

And you're Judith?

Yes.

Can you both raise your right hand, please?

Do you swear to tell the truth, the whole truth, and nothing but the truth?

So I'll help you back.

Yes.

Well, let's ask the owner, and if she needs help, you can help her.

How's that?

That's fine.

You see the microphone there?

Yes.

Yes.

Yeah, get close to that.

Now you're the owner of this property at uh 436 North Second Street?

Yes.

And you've owned it for some time, I think.

Yes, I don't know how many years, at least 30.

Okay.

And there's some question about what is being used for, correct?

What what is it being used for?

She worked there.

She did.

I worked for the body shop.

So it was basically our extra building, extra storage, extra work, which we had approved for.

But we had since closed down.

So we had rented the property to Orlando and partly to his wife for this salon.

Orlando, to my knowledge, uh is using it for his trucks for his business.

Is it presently being used for a hair salon?

Not to my knowledge.

Yeah.

And so you closed the body shop at some point.

When was that?

Oh yeah, 2022.

Okay.

And how long has Orlando been using it for his business drugs?

A year and a half.

Almost two years.

Okay.

And is that use going to stop?

I don't think so.

I don't see a reason why it should.

I don't think he's violating any zoning.

So you want to continue with his use of uh space for trucks.

What does he do with the trucks?

Does he just store them there?

Does he repair them?

No, they're his trucks.

Uh so uh whatever his business is, he can better answer that question.

Uh Chairman, I can answer that question for for Arnold.

Uh Orlando is the husband of the workies.

He goes uh uh the uh uh designer, is he just a designer uh a graphic designer?

So he used a truck just to park his truck right there, that's it.

Sonic for parking.

I don't use it.

I'm sorry, sir, you weren't sworn in.

So do you want to be who's why don't you come up?

Is your Orlando?

Yes, it's that's Orlando.

Okay, why don't you come forward, Orlando?

Have a seat, ladies.

Orlando, what's your last name?

Please change your right hand.

Do you swear to tell the truth, the whole truth, and nothing but the truth I'll help you guys?

Yeah.

Thank you.

Yes.

Orlando, what do you use this property for?

Okay, Chairman, Mr.

Chairman.

Actually, he used for uh graphic design.

And create a container for social media.

Do you occupy part of the building?

What you mean by occupy?

You use it.

Yes, I use it for graphic designing and social media videos.

Does the zoning office know you use it for graphic designing?

No.

No.

How long have you been using it for graphic design?

Like a year or so.

Can I explain?

I mean, maybe this thing how to explain his himself though.

I mean, he what he does, he has a machine right there.

I mean, he works by himself.

They say that uh you need sign for for gap for for for your jacket.

That's what he does.

I mean, he doesn't do like a commercial stuff.

No, no, it's not commercial.

And uh when he does sign outside, he go to the place when they need it.

They don't do it inside right there.

So that's what he does all the time.

So you're a traveling graphic designer, is that what you're saying?

Yeah, some sort of that.

Yes, yes, you should chair.

Questions.

Um so in the advertisement for today, it says it's a special use application to convert a vacant repair garage to a hair salon.

That's correct.

The essay is correct.

So I think uh to kind of repeat a question, but to get more clarification, right now Orlando's business is it using the entire structure.

No, it doesn't.

I go answer that question for him.

And with the hair salon, and maybe this is a a question for focus.

Um is the hair salon going to use the entire structure.

Nah, the hair salon gonna use three hundred and fifty-six square feet.

The whole property, uh, if you see the whole property, it is uh one thousand five hundred and square feet, which means she's not using not even a one-third of the whole building.

So what will the other two-thirds be used for uh right now you're not gonna be any use for that building.

Besides storing vehicle.

I don't know if you uh Sony knows.

I mean Sony was right there, so he knows that uh since that was a very shop, but he's uh like a huge place.

Sony knows that uh since uh that used to be a sabody shop.

Uh it is a huge place to park car inside the building.

So the garage area will be used to store a vehicle.

His vehicle.

Orlando's vehicle.

Those are all much how much space for the uh hair salon?

Three hundred and fifty six three three hundred and fifty seats, uh Chairman.

I think better describe the layout of the building for you if that help.

Not not at the moment.

Uh oh, I'm sorry.

Mike, and so you're the the zoning officer was there.

It was it appeared to them that there was still an active body shop or auto repair facility.

The zoning officer just indicated auto repair of some kind just based on field observations from the street.

We made an effort in good faith to contact the owner via email to hopefully get in the premises, get get some more fine-grained information.

Our contact was not returned, so that in that case we felt compelled to potentially bring the information right here.

What was the name of the person you tried to contact?

And I attempted uh I attempted to contact Ms.

M or Mid Donna Micketts.

I apologize, I can't recall the the current name.

I had both names on the application, but I didn't attempt to contact one of the two women, the the daughter of the property owner who would who had previously identified herself as the representative of her mother's affairs.

I could answer that question.

I mean it is to uh Mike that uh so I'd be supervisor.

I mean at that point the person that I went to supervise the place leading identify Orlando that he was fixing his truck.

I'm sorry, I'll defer to the chair if I can take questions at this point from the applicant or just from the board.

I'm thinking we need more information than somebody has to get in there and see it.

That's what I'm saying.

I do think uh I do advise at minimum my comfort would be greatest either with uh with a site inspection or in lieu of a site inspection, some kind of some kind of detailed site plan that would be formally introduced as an exhibit and could be incorporated by testimony, but at this point I'm I'm not sure I understand whether this is some kind of graphic design production office, whether whether it's a vehicle storage facility based on the the testimony alone.

I'm struggling to understand the interplay of the the uses.

That may the the hair salon may well be as presented, but I feel like I don't the zoning office doesn't have a good mental image of of the entire use of this property, and it it sounds like there may be some uses there that would need to get permitted and that may not be able to be permitted, quite honestly, under the current zoning designation of N1.

So there's a I do feel there's a little bit more homework to do yet.

Well, let me let me just tell you this.

The board feels, as does the zoning officer, uh zoning supervisor, that we don't have we've got what appears to be conflicting information and not thorough information.

Uh we don't know how many uses there are there now.

It looks like there are at least two.

Uh and so what I'm gonna suggest is that the applicant move for continuance at the applicant's expense.

Uh so that the zoning office can get more information and more more accurate information about what's going on there and what is proposed exactly to what areas there.

Um, and then we'll perhaps have a basis for granting the relief.

If you don't want to do that, the boards are the opinion that we don't have enough accurate information to make a decision in your favor.

I mean, this has been going on like for the they've been paying rent for almost a year.

Well, he's he's he's a tenant apparently.

Yeah.

And the applicant here is that's that's a wife.

Is the applicant miss the owner?

Yes, Miss Micket is the Ms.

Micket's is the owner of the property.

And she's the applicant.

No, the applicant is his wife, Robert Keys.

So yes, the tenant the tenant is applying with the consent of the property owner in this circumstance.

If we are discussing any kind of inspection of the property that would be coordinated with the property owner, obviously, is the the one who would have the fall and right to grant the zoning office access to all portions of the building.

Yeah.

So you want to move for a uh continuance so that we can get the information we need.

Yeah.

They asked me in Spanish, I mean how much it would be the continuous other 500.

How much what?

How much it would be continued?

How much is 400?

Yeah, something better to look at.

Can I say something saying?

I mean, uh conclusion that no te van accept salon.

We're gonna move for continuous.

Okay, we have a motion for continuance.

All in favor?

Aye.

Aye.

Thank you.

Okay.

Contact him.

Yeah, we'll be in touch with Sonny and Supervice.

Okay.

Do you think like do you have any very much?

Are you satisfied you have some accurate contact information for the owner?

I have an email address on file of Micket C C that's Micket's two C's is in Charlie at gmail.com.

Is that the best email address to reach?

Um that was our body shop email.

Okay.

I checked that email maybe every month or two.

Okay.

I didn't see your email, but it wasn't until like seven to ten days again.

All right, how about how about off the record you guys swap information so that he can get in touch with you after we're after we're done with the hearing?

Yeah.

Okay, is there any other business before the board?

I don't think so.

When's our when's our next meeting?

Do we have one schedule?

At this point, there are no cases scheduled until June 22nd, but there may be another hearing prior to that.

Okay, all right.

So none none before that at this point.

None confirmed before this state, decent chance that the board may need to convene before then, but but meetings are complete for the month of May at this point.

Okay.

All right.

And with that, the meetings adjourned.

What would you like?

So what we need, we just need to be able to again arrange a time when you be able to see how it builds.

Yeah.

He has a written point responsible.

Um