All right.

Welcome back, everyone who was here on June 25th, was it?

This has been rescheduled that most of that agenda was rescheduled as you were aware.

And thank you for being patient with us.

We've been able to uh reschedule this pretty as quickly as I thought would be possible to get notice out and everything.

Um so we did dispense with a portion of the what would had been scheduled on June 25th.

So we all we have remaining is the public hearing uh sections of our agenda.

Um first what we'll do is see we'll have have Madam Secretary call the rule, get our quorum set, and then uh we'll swear in the city departments and then we'll call these items.

Board member St.

Arnold Bell here, board member Rocker here.

Board member Current here, Vice Chairman Samoisky here, and Chairman Lomberg.

Here, all right.

We do have enough to go forward.

Uh we are again joined.

I don't think you guys got to see this part last time, but we have uh members of our city departments here to put um give us their input on each item, and um they may have certain questions for the applicants.

We may have questions for them.

Uh starting with uh Don Schmidt from DPW, Pete Larryton from DNS, and Ed Richardson from DCD.

Uh, we'll have you guys all swarm, please.

Do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

Yes, I do.

I do.

And as you uh as we're waiting for our court reporter to join us, we have a perfect record.

This is being recorded, so um, we'll just have everyone make sure to use the microphones and speak clearly and loudly so we do actually capture all of the audio uh and we can begin.

Um my sheets are all out of order because I have them from last.

So I'm not gonna say item 25, it's now item one, but we'll have another secretary call the first item.

All right, item number one, 4902 State Street.

Request to add a car wash and a continu.

Oh, sorry about that, to add a car wash and to continue occupying the premises of the light motor vehicle body shop, repair facility, and sales facility.

Um, and let's see if is there anyone in the audience that's here?

Oh, uh looks like the applicant is online.

Okay, and you should be able to unmute yourself.

Okay, we're here.

Hi, can you hear me?

Yes, could you give us your name and mailing address, please?

Yes, my name is Rigoberto Arteaga.

Mailing address is 4902 West State Street, Milwaukee, Wisconsin, 53208.

Thank you.

And could you please raise your right hand?

And do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

I do.

Thank you.

All right, straight, hang tight.

Let's hear from DPW.

Okay, so the applicant has applied for a permit with Department of Public Works to install two bollards um at the top of the pedestrian ramp where they were removed previously.

We did approve that permit.

Um, we are requesting, and I want to emphasize this condition that those ballards, if they have not been installed already, that they may be installed within 30 days.

Um, and then otherwise we have other conditions in the hearing summary is written.

DNS.

Yeah, the ballards have been installed.

That's just for the record.

I submitted pictures on the 23rd.

Uh no other comments.

Okay, DCD.

Nothing additional.

All right.

Well, this was the main issue from last time, and you've pretty quickly addressed it.

Um board members, any any concerns given those changes?

No concerns.

The only other thing I wanted to flag, I believe it's a condition from DPW that there be no uh uh display vehicles in that area where the ballards are.

Is that correct?

Correct.

Okay, so I just want to make sure that that is stated on the record that well, the bollards are there, and that's good.

We still can't park vehicles in that area.

Um, and with that, unless there's any other questions, I can make a motion.

Having found the four criteria necessary to grant special use have been met based on the testimony provided today and the content in our case or case summary and the information or file.

I would move to approve this for a period of five years, subject to the conditions in the hearing summary.

Second board member St.

Arnold Bowl.

Hi.

Board member rocker.

I board member current.

Aye, vice chairman Samoyski.

Chairman Lombert.

All right, thank you.

Can I add something?

I'm sorry.

Is uh five years the maximum you can do?

Or I think last time we had a 10-year.

Would that be something possible?

Or it is, but it's done now.

Five years.

So hold on.

What's that?

They've added users.

Yeah, there's been some changes.

So if everything goes well, you know, and when you have to have renewal, um generally speaking, when uh you know sometimes it gets longer as things go on, but but for now it's five years, and you have to come back then.

And um if you have anything to add or or whatever the case may be, um we'll be hear the application then and then determine the length of time at that time.

Okay.

Thank you much.

All right, thank you.

Okay.

Mr.

Chair, court reporter is trying to get in now, so I'm just assisting her currently.

Okay.

Um, did you want to still move forward with the next piece, or did you want to see if okay?

You said go ahead.

Well, I mean if it takes you a second to hear that's fine.

Okay.

We'll just skip around.

Okay, sounds good.

Maybe have history might still be able to.

Yeah, thank you.

She just can't log on or what's the question.

Yeah, I think uh Karen did pass on the tour, but I'm not sure if she's having difficulty.

So I just I resend uh to see if she can get on the private should be something whenever you finish saying that if you want to call it.

Go ahead and call it.

If you would just finish saying your question, okay.

So I I did resend the link, but if that doesn't work, I'll just add her on stop relating it for her.

Okay.

Um, did you want to move forward?

Item number two, one brewer's way request to allow two automatic freestanding changeable message signs that do not comply with the flashing and intermittent or moving sections requirements.

And is there anyone in the audience here for that case?

Okay.

And anyone online that's here for that item.

Mr.

Chair, it doesn't appear that anyone's online for this item.

Hey, could you give us your names and mailing addresses, please?

Yes, I am Elizabeth Haas.

I'm the senior vice president and general counsel for the Milwaukee Brewers, and the mailing address is one Brewer's way, Milwaukee, Wisconsin five three two one four.

Good afternoon.

I'm Steve Ethier.

I'm the senior vice president of stadium operations for the Milwaukee Brewers.

The address is one Brewer's Way, Milwaukee, Wisconsin five three two one four.

Thank you.

Could you please raise your right hand?

Do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

I do.

I do.

Thank you.

All right, let's hear from DPW.

I think it's as Paul say go ahead.

As Paul say the Department of Public Works opposes signage that displays flashing intermittent or moving sections when such signs face roadways.

DPW is concerned that signs with flashing intermittent or moving sections distract drivers and create dangerous driving conditions caused by distracted driving.

For the plan of operation, the applicant is proposing to install two video screen signs that will be pointed at Wisconsin State Trunk Highway 175, which adjacent to America.

Which adjacent to America Family Field is designated to similar standards as an interstate highway.

DPW notes that this section of State Trunk Highway 175 connects to interchanges with Frederick Miller Way to the south and with I-94 to the north.

The drawings labeled BOSA elevations do not accurately show the existing tree line adjacent to the proposed video visible video screen signs.

The tree canopy at the proposed location of the signs has large openings between the trees from which the signs would be visible.

While the applicant has submitted additional information regarding the planting of addition of additional trees adjacent to the proposed signs, DPW does not believe that additional trees would provide sufficient screening to minimize concerns about the visibility of the signs.

DPW has submitted two Google Street images to the case record for review by Bozo.

As described in the plan of operation, the video screens would be used to show pre-game entertainment, the scoreboard feed and or live game feed on game days, and to show event specific footage for special events on non-game days.

It is the opinion of DPW that such displays would be not would not be protective of public safety due to distracting nature of video displays.

Compounding DPW's concern is the nature of traffic traveling to and from the stadium area on games days and during special events.

It would be expected that traffic volumes would be higher than normal with a greater number of drivers who are not familiar with tracker traffic patterns around the stadium.

Such situations require the drivers are able to focus on unfamiliar and or special traffic patterns that may only be present during events at the stadium.

DPW does not oppose electronic message signs that will not rotate advertisements or messages more frequently than every eight seconds and will not incorporate video or any other motion display.

No comment.

And I can I cannot make any kind of determination if the addition of the additional trees does provide uh sufficient screening.

I'm almost almost want to turn over to our experts on the uh report here to see if they um can provide some guidance there.

But that again, we our concern is visibility uh from highway 175 because of the uh potential health and safety aspect of distracted uh driving.

Okay.

So just my first question, I guess is for DPW is you know, when the back windows are open, you can see all the ribbon boards and all that stuff going on.

I mean, is it these aren't these are like smaller than billboards?

I understand the I mean, isn't there a pretty discernible distinction?

The fact that's low to the ground that kind of sets it apart.

It's not that low to the ground though.

No, it's the whole thing is 20 feet tall.

Yes.

So that's not I would say I'm very familiar with this route.

I travel it quite frequently.

Um the grade change, I think is significant enough when you are heading northbound on 175 that certainly if you're taking a screenshot from a Google card, maybe you could see it.

But I I made a point of trying to kind of distracted driving.

Distract.

I tried to do some distracted driving, and it was uh difficult to view.

And I would say thinking about the southbound uh as well.

I mean, this is if you are driving, you are in the left side of the car, this would be on the right.

I'm not saying it's impossible, but I don't see how this could be any more distracting than some of the digital billboards that already exist along freeways that are considerably closer, even if they are scrolling at a slower speed.

I I think the distance, the elevation, the addition of new planting to try to uh be a barrier.

I think that all mitigates um what could potentially be a distraction.

Does the sign in the parking lot rotate?

I know that's an old sign, but does that have rotating messages?

The like in the main marquee the marquee facing I-94.

Yeah, yes.

I thought it.

I mean, I drive multiple times a day, I just don't pay attention.

Adjacent to interstate, whereas this is a a bit further removed from the highway, even than that, the marquee sign.

And if I I mean we did sort of take the feedback from the initial hearing, and we did add additional screening.

Um, and I'm not sure which Google map images were were submitted.

I don't know the dates of those.

Um, I don't know if they would reflect the updated plantings or if they were from a a summer a summer um snapshot from when you the trees are in full foliage, which aligns with our usage of the plaza area when trees are fully May 2025.

So there's new planting since then.

Oh, yes, we could have been two weeks ago.

Okay, July 13th.

Screen I guess I was a little uh stumped by DCD's comments here that somehow there's a when it's determined that it uh the screening is ineffective.

I'm not sure what the determination process is uh for us to then ultimately make judgment whether the screening is appropriate or not.

Well, I I don't know if like the mature maples would provide sufficient screening um and whatnot.

Yeah.

Well, maples are overstory trees, so I would think that uh fairly significant um uh maple tree canopy is probably a pretty good screening uh elemental across there.

Uh I I might also just comment.

I I totally agree with uh uh Lindsay uh St.

Arnold's uh comments.

Uh I I really don't see this as any much different than the billboard signs that are up and down our expressways and our parkways here.

So I don't I don't think there's any any objection on my part for this Mr.

Chair, yes, um older woman more is online and this is in her district.

Uh do you want to see if she wants to speak on this?

Yes, older woman more.

Are you here to speak on one brewer's way?

Should be able to unmute yourself if you wanted to speak on the side on she's online, but she has not sought anything, so I'm not sure.

Maybe she's looking over.

This is Marjorie.

I just want to say that I echo um the comments of um Lindsay and Henry as well.

I don't see a problem with this.

Mr.

Chair, if the board does approve it, we would ask that it'd be conditional on about this would solely be for on-premise advertising, but on premise opposed to an on-premise sign.

So we'd be dealing with you know things that deal with the stadium and the brewers.

I think that that's the intent, right?

Well, I guess it depends how you define on-premise.

We have a lot of partners that and support the community.

So for example, it's the UW Credit Union, it's the Joey Play Yard, right?

They might have an advertisement supporting the use at the ballpark.

I think we're talking about the video.

Yeah, in game acting message.

I don't see any advertising should not have vision with the rotating messages only every eight seconds.

Yeah, DPW does not object to static images that are rotated every eight seconds.

There is no part of the reason for that is that we have reasonable um research that shows that that has not been a problem on the billboards.

Right.

The the issue here is moving images basically video.

It's the video.

That is the problem.

And I can hopefully clarify that too.

I mean, the intent like there's bands performing right, so it just projects a little higher of the band that's there pre-game.

There may be some you know in game that is shown.

Well, I didn't that would seem to add yes.

Advertising for breweries, video advertising the static room.

That's that would be I think an exception.

Yeah, and may I ask just a clarifying question?

Is the intent to only utilize these um these screens when there is activity at the stadium?

Yes.

So during the off season, when there is no events, nothing would be happening.

Correct.

It's primary game, primarily game day.

I mean, we might have a special event or something out there where something was projected, but it's really intended to enhance the game day experience.

Yeah.

Well, and so you're not that factor of advertisements to people on the oh, did you read these as billboards?

They can't see it.

They can't see it.

So it's for our guests that are there.

I think that's an advertising for a partner, an advertising partner during use of the science for in-game activities.

I do use it so she's in a tent of now, and then I I did send her a chat to see if she wanted to speak, but I haven't got it.

My apologies, all this is Charlotte.

Oh, um for forgive me.

I'm actually in the building, and I thought I was later on in the agenda, so I am so sorry.

That's fine.

Did you have anything on the brewers?

Um one brewer's way item, it's item two on the new agenda.

Oh, okay.

Yeah, yes, and and I'm probably was thinking about anyways.

Yes.

Um, no, I um I'm I don't have any objections at all um about this.

I didn't know, and I think I might have missed it if there was any of our departments that had any objections.

Well, DPW has the concern with non-static video interfering with traffic and DC echoes that.

Um, and then the we had some questions about there is is actually additional screening with maple trees, which uh two of our board members have opined that well, at least one has opined that that would be adequate screening, and it does alter the photos that DPW had for us.

I think they still have objections, but um seems like uh most seems like the board is satisfied with the efforts made to mitigate any distraction with the driving on really on brewer's way or correct, yes.

Um and and I drove past it as well as far.

I mean, I take that I I live over there, so um, that is a um space that I um frequent um pretty often, and um, you know, I always look over to and you know, with the uh the the um ver um the trees or the you know whatever they are the trees that are sort of blocking it would be you know I thought it would be um a little more difficult to be able to see it okay, yeah.

The trees were when were they planted?

The thirteen thirteen.

So these were trees were that have been planted but even between the adjournment from June until today.

So those weren't even there, those were added in and they were they were mature trees that were uh located elsewhere on our site when we transplanted them.

So location well with that record board members or anything else from you no, no, um yeah, thank you.

Okay, imagine is this the plan that we received on July 14th, yeah.

Sorry with three three Norway maples and four elm trees.

So the elm trees were a part of the original design, they are built into the beer garden, and those are newer and younger, and obviously will grow and provide additional screening, but then we added we supplemented with the elm trees that were added to any perceived gaps in between the existing line to just have a uh consistent uh screening across.

That is not a condition.

Can we make it a condition that that that canopy remains and has to be consistent and one tree out means one or more in?

You have plenty of space for plenty of trees, so tree it up.

We have space and we have trees.

Yeah, it's fine.

Okay.

Okay.

Well having found that the criteria necessary to uh grant this uh dimensional very dimensional variance and special use for it's I'd make motion to approve this.

Uh shall we set this as a period of time or grant?

Run with the list.

Okay.

Uh I'll make motion to uh approve this to run with the land.

Second.

And before we vote, is it appropriate?

Is it acceptable to add uh board member current's condition that uh this land this this plan the tree can be maintained?

The tree can't be maintained, yes.

Okay, yeah, all right, yeah.

Go ahead.

Board member St.

Arnold Bow.

Hi, board member rockers.

I board member current.

Hi, Vice Chairman Semyski, Chairman Lomberg.

All right, all right, thank you guys.

Thank you.

Item number three 3841 West Billard Avenue.

Request to continue occupying the premises as a light motor vehicle sales and light motor vehicle repair facility.

Hello.

Oh, how you're you were in the she came, she's with us.

That's good.

All right, when you guys get um situated having you get your homie hodge is 3841 West Billard Avenue.

Sorry, could you say that again and just speak clearly in the mic for a court reporter?

Me Hodges 3841 West Villard Avenue, Blue Fox Automotive.

Thank you.

Stacy Gurnt 3841 West Billard Avenue Milwaukee, 53209 Blue Fox Automotive.

This is an Alderwoman Taylor's district, or excuse me, Alderman Moore's district, she is present with us.

Yeah, it's districting.

She just said we're going to Margarita's not your steered early.

Approved.

And then I'm sorry, did you give us your name and mailing address?

Yes, you know, okay.

Sorry.

Okay, could you give us your right hand?

Do you affirm under oath that the testimony you're about to give is a truth, the whole truth, and nothing but the truth.

Thank you.

Thank you.

DPW.

Department of Public Works continues to have concerns regarding the small size of the premises for the proposed uses of motor vehicle sales and repair.

The applicant is requested to increase the number of vehicles parked on the lot.

However, plans show that additional vehicles will be parked on an area that is not within the limits of the property.

Essentially, my comments are the same as the last time we had a hearing.

While the applicant has stated that customers are not responsible for disposal of their own tires, the applicant is not specified that customers will be required to pay the disposal fee and to allow applicant to properly dispose of use tires.

Well results in customers' dumping tires in other properties such as adjacent railroad right away.

And then we have a list of uh uh standard conditions.

Uh should the board choose to grant this special use.

Okay.

DNS.

No additional comments.

DCD.

Uh DCD does have the concerns that DPW expressed about uh tire storage tire disposal and increase in the amount of vehicles on the site.

All right.

Well, let's start with the tires because that was kind of a that was like the main thing first time, at least for my rec my memory.

Do customers have a choice, or are you providing tires?

No, we buy a service, big brother tire service.

We paid him to the tires.

What we're trying to do is uh we don't even have the tire machine or any of that together now.

But what we're trying to do is get approval and then put everything in place by tire machine, the tires, so forth and so on.

Um so yes, I have a uh agency big brother tire service, they will come out twice a week to remove all tires, access tires.

And will you tell customers that they must utilize the tire service provided by take them off?

We're gonna hold it so the tire the customer doesn't even have the option to get this hire back once we take it off.

Okay, but I think that was the main thing.

Is it is you didn't mean this room here, and that's you guys are down there.

We get every room, so we like us.

Well, that yeah, and then that's the thing, right?

You have you have the tires, uh you see it, you drive around and you see it.

Tires abandoned because it's hard to dispose of, you don't want to pay that.

So you can't, yeah, that's the main thing.

And I don't know.

Did you find do you have an uh revised plan of operation that states that?

Yeah, I thought you didn't.

I did.

And also as far as the um request for additional vehicles, we could deny, which they go yet with the nine.

They were worried about me too because of the area when I come alone, you know.

But the repair shop across the street.

He says, if you need park over here, if there's no parking, so if you and you guys have some letters from your neighbors, it seems like you have this is a tiny building, but it is an automotive type use building historically.

I don't know.

And if there's extra people that come on driving, well, if the guys don't go out and say you can't park on the lot, if I'm gonna look at a car, but you gotta park on the street, and if they're not there, I'm not afraid to open my mouth.

You gotta get off the lot.

It's only nine cars.

You make ten, hit it.

So yeah, we're not we tell them.

Okay.

Anyone else?

You know, I the my two big concerns were the tire disposal and then the number of cars, and I think if we can make it very clear in the record and in the conditions that you know, um the tire service be uh maintained throughout the entire um time of utilization and or of occup occupancy, and that there'd be no more than nine cars.

I think I would be comfortable with a short period of time just to make sure everything's running and and then we can go from there.

Thank you.

I must say it do be okay where it may be 10 cars.

Don't say that.

But I'm just being honest because what happens is we'll have nine cars, and then one of them be at a um auto shop or something to that effect.

So then we get that car back now.

We had to something like that, but we try to keep it at nine, and we stay at nine.

The limit is nine.

Yes, ma'am.

Yeah, la la la.

No, it and also you know what the tires and stuff too.

Sometimes other people jobs are you know, you may have to go around and just to make sure you're you know your neighborhood is okay and scoop some tires from across the street or whatever, and or you guys deal with it.

You don't have to do that, but it's something to think about, right?

Suddenly there's tires around, they're gonna fight the fingers at you.

Actually, I was thinking of probably doing this, probably use it somewhere for like flower pots because you know how they do the flower pots, and I know they said they wanted us to put flowers down around the shop.

So um, all right.

Well, if you guys if these conditions are in imposed, that means that they're that's in your plan of operation.

Their conditions are posed by this board if it's approved, and if someone drives by in the city and there's things that they could cite you for, they might do that.

There's enforcement that can happen.

Not on it's not on us to do it, it's on us to set the conditions.

Um, but if you guys follow them, yes, you know, you'll be back for could be back for a renewal.

What is he proposing?

Two things, I think two.

Yeah, having found that the four criteria necessary to grant a special use, have them that faith on the testimony provided today.

The technical review by staff and the information in the file, I move to approve this special use for a period of two years, subject to all the conditions in the hearing summary, um, and underlying bold facing, whatever all caps, uh that all um tires must be collected with a by a tire service during the time of occupancy, and that there be no more than nine vehicles on site at any given time.

I'll second board member St.

Arnold Bell.

I board member Rocker, I board member current.

I vice chairman Smyski, all right, Chairman Lomberg.

Good luck.

Thank you.

Just checking nobody is online for 3505 West Keenow.

Doesn't appear that we have anyone online.

Hello, could you all um give us your names and mailing addresses?

Um just make sure you just speak directly into the microphone.

Sorry, Penny 3505 West Kino Avenue.

Okay.

Um, just where you'd like to receive mail.

Oh, Ricky Williams.

2646, 41st or Jerry Washington.

3505 West King New Avenue, Milwaukee, Wisconsin 5329, I believe.

Okay, thank you.

Oh, our court reporter is online.

Hi, Deborah.

Are you able to do that?

Did you want us to read it?

Since we're starting, let's just recall it real quick.

Okay.

Okay, Deborah, we're gonna recall this case for you and have everyone um give our names and mailing addresses again.

So we can swear on that.

Fantastic.

Thank you very much.

Thank you.

Okay, so this is item number four.

The premises is 3505 West Keenal Avenue.

Request to occupy a portion of the premises as an assembly hall.

Um, and then I'm sorry, could you guys please give us your names and mailing addresses again?

Cloria Penny, 3505 West Kino Avenue.

Ricky.

Jerry watch the same 3505 West Kenya Avenue.

Thank you.

And could all three of you please raise your right hands?

Do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

Yes.

All right.

DPW.

The Department of Public Works cannot support the use variance for assembly hall.

Documents submitted by the applicant state that there will be no liquor served at the facility and that no club events will take place outside.

An internet search of the organization's website produced an advertisement for a cookout that also advertised drink specials.

DPW notes that a letter of objection submitted to the BOSA office indicates that the applicant has been holding events prior to obtaining all necessary approvals.

DPW echoes the concerns communicated by the Department of Neighborhood Services and Department of City Development.

DPW does not believe that the proposed hours of operation with end times between 2 a.m.

and 5 a.m.

are protective of the surrounding area.

It is not clear for the documents submitted that the building on the property can accommodate 70 individuals.

Further, DPW notes that there is a large amount of outdoor space that could be used for gathering purposes.

DPW notes that there is a significant lack of specificity in the transportation plan submitted by the applicant.

DPW does not believe that this use can be developed in a manner that will not be disruptive to neighboring properties or be protective of public safety.

DPW concurs with uh DNS that the hardship for this use variance is self-imposed and that the premises does not have a unique condition compared to other properties in the immediate facility vicinity.

Okay, DNS based on a review of the information submitted by the petitioner relative to this proposal and without benefit of any testimony which may be presented at the Board of Zoning Appeals hearing.

The Department of Neighborhood Services finds the criteria for a use variance under 295311 of the city code have not been met.

The submitted plan of operation, and I'll stop at this point.

Uh since writing this, we've received either one or two more plans of operation, uh, which I'll get to at the end of my comments.

Has direct contradictions.

This is the first, by the way, uh submittal.

The plan the submitted plan of operation has direct contradictions to the description of activities for the club on the club's website.

This includes activities outdoors and the serving of alcohol.

It should be noted that the advert advertisement mentions the sale of alcohol, which is illegal in the city of Milwaukee without proper licensing.

The applicant is either not in control of the assembly hall or as perspits purposely misspoken in the application.

The practical size of the hall may not be adequate to accommodate the size of crowds attending events.

The submitted breakdown includes bathroom and hallway space.

It is unknown the extent of work required to satisfy the construction code for the change in class of construction.

The proposed hours of operation are inherently detrimental to the surrounding community.

The aisle one district is designed for light manufacturing and commercial office type uses.

Currently, the property is utilized by a landscaping contractor shop and yard.

As such, the building has little infrastructure to accommodate large gatherings.

Use of adjoining properties and the right of way is inevitable.

There are no exceptional circumstances.

Approving an assembly hall use is not necessary for the preservation of the same property rights possessed by others in the area.

This is not island zoning where the surrounding parcels are zoned.

C9B, for example, where assembly halls are permitted or a permitted use.

And this property happens to be IL one, making it a prohibited use.

As described above, the use will will be a detriment to the surrounding community.

The department has received complaints of parties occurring with liquor bottles left strewn about the area.

The hardship is self-imposed.

In 2015, the board of zoning appeals denied a request for religious assemblies hall use at this location.

There's no evidence that conditions have changed such that a similar excuse me.

The department of neighborhood services is opposed to this request and therefore have no conditions of approval should the board grant the use variants.

As I said earlier, we've just as of late received another plan of operation.

Now going back to uh uh the position of not serving alcohol.

Uh the I have no that's also just frankly not logical at a motorcycle club.

Um there there is a method uh to approval, there's a path to approval for a motorcycle club, but uh this is not the path.

Um I've been inside the structure.

Uh there's there's there maybe two bathrooms.

I you know um the the applicant may be able to speak to what kind of investment and what kind of remodeling they're gonna do.

Um by the way, it's all needs to be done under permits.

Uh, but uh this is just not the right place uh for this type of use.

Um so that's that's our position.

Thank you.

DCD.

Again, they uh have a membership of 70 members and they have some very long hours that vary from closing at 2 a.m.

to 5 a.m.

Uh we can find no justification for this.

Uh, motorcycles are very loud and to have activities and uh going on at that time of night, I think is disruptive.

Uh I do realize that there's not a lot of residential nearby, but still that is quite a bit of noise and uh really not appropriate for that area.

All right.

Well, then the comments.

I don't know, dude.

I know you guys are submitting some additional some responses to the neighborhood concerns and some attempting to do some revisions to the plant operation.

You know, the first the obvious first thing is that the hours, right?

Like five.

I mean, it just doesn't seem like logic.

Look, I don't think that the noise is necessarily gonna be a huge problem.

It's an industrial area there.

As Mr.

Richardson said, there's not a lot of houses or other.

But the out I don't have uh, I just don't understand what is going to be going on here if there's not gonna be alcohol, which is fine.

That's a perfectly fine thing to do uh when you're gathering friends and stuff, as long as it's in an appropriate, you know, as long as there's proper licensing done.

But what's gonna happen from 3 a.m., 2 a.m.

to 5 a.m.

that's not gonna involve treatment.

I believe I believe that is uh really just a misconception.

You know, when you think of a motorcycle group, and you think of a hangout space, that's the first thing that pops into my um loud noises, liquor, up late.

Um, we run a little bit differently.

Um, if you looked at our online and really looked at um our online site, you see that we do a lot more um community activities.

Um, we've done several book bag giveaways, feeding the homeless.

We did um Christmas with Santa.

We take donations in from different organizations for these events.

It's not just um us sitting there and partying and drinking and booze.

And in reference to the the things that the flyer that was online, we held we hosted two neighborhood cookouts since we've been there to get to kind of gather our neighbors together to get to know us and what we're doing.

Um, those bottles that you may have seen that one for one didn't come out of our garbage can.

They somebody picked it out of a garbage can and took a picture of it, and the other one that was left in front of the building was a signature bottle that somebody wanted to take home that just accidentally left it there.

It was completely empty and had them empty when the member received that bottle.

So those two are just really a misconception of what people want to assume that we're gonna be doing there.

Those hours there are we're just there because we do when we do our community service and we get together, we are together there at late hours preparing for those events.

Sometimes we're just gathering there so that we can, you know, brainstorm of what the what's the next um event gonna be and what we're gonna do for the next event.

Um, and as far as 70 members, we can have up to 70 members, but as of right now, we have about maybe what 35 members right now, and they're not we're not always on bikes, sometimes we're on cars, we're not always there from two o'clock to five o'clock in the morning.

But um, I think it's just a misconception of what really a motorcycle club really is, and I think that's what it really is because since we've been there, we haven't caused any problems with anybody.

brainstorm or what the what's the next um event gonna be and what we're gonna do for the next event um and as far as 70 members we can have up to 70 members but as of right now we have about maybe what 35 members right now and they're not we're not always on bikes sometimes we're on cars we're not always there from two o'clock to five o'clock in the morning but um I think it's just a misconception of what really a motorcycle club really is and I think that's what it really is because since we've been there we haven't caused any problems with anybody we've actually had cookouts to try to get to know our neighbors a lot of the neighbors were telling us you know it was good to have somebody like you guys in the neighborhood because we've had stolen trailers we have people broke into our businesses and things like that so we just wanted to get to know the community around us and let them know that we're not here to be a nuisance I think the conception is that y'all think that we're gonna be partying 2 a.m five no which is sometimes we are there and we're like just be there at two identifying at 5 a.m you know is okay or not so that's why those hours were put but then we realized like no they think that we're gonna be partying from the toy I'm like no so that's why we revise the okay the community things can go up to 2 a.m and we're cleaning up we're doing everything though sometimes we host a meeting and stuff like that and we're still in a building just members but not party we're not there parties from the five and as far as liquor sales um we know that we don't have the proper commit for liquor sales so if we did host an event and we were gonna have liquor sales there we would have somebody there who has a liquor license who has a proper licensing to be able to provide that for the event that we have going on we would not provide that for ourselves for the for the people that we're serving at that point in time um I just really think like I said it's just a misconception of what we're here to really do.

And you know we're really in the in the cut in the end of the of the like an alley type where there's not a lot of residential area there's not a lot of people there.

We won't even when the businesses are running we won't be having things going on you know we understand and we talk to the members of the different businesses around there just to see what their concerns were to let them know what we were really here to do.

So those are the two events that we did host outside of the building with the the owner's permission to have these two events going on.

Or the neighbor I mean I just to be clear I don't think there's anything wrong having space to party as you say or do whatever you want.

That's not it's not about that we just have sometimes people come in and want to do this and then are worried like well they're gonna say no and they say they're not gonna have alcohol but that's actually something they want to have and they can't actually utilize the space for what they were hoping to be able to utilize it for.

Or they have to do it with the non-sanction you know and against the the the conditions and the rules and then it becomes a big problem I know this is Milwaukee.

There's bars all over the place this is a absolutely this is a part of the culture whether that's a good thing or a bad thing.

That's not I don't want to send the message that we're yeah we don't make people getting together and and and it's just that is this the space where this is appropriate to do and and I do agree there are some concerns with uh you know there's multiple plans for operation I guess what you're saying is if there is alcohol your your your representation is that you are not ever going to be serving alcohol but if you if there as a club as a club we would have suspense liquor it's gonna be through a kid license catering service yes exactly who has but that being said you have advertisements for these cookouts for three expensions because we have a bartender that was a nice that was a misprint and so as we uh submitted it in our revise document um we didn't when we made the flyer it was a reused flyer and once we noticed that the liquor was still on there we took it off that's the flyer that was made like a year ago and we just kind of refreshed it and so once we noticed it we told everyone to pull it off and one person did not pull it off I think Facebook and that's probably why how it got saw about you guys or someone for that but that was definitely a misprint and we really we fixed it immediately.

And then I just wanted to kind of make a note that um her the plan that we put in place uh we want to stick to what we what we're saying we're gonna do we want this place for a meeting space for us so that we can come together as a group we really want to be in this community we really want to give back to the community and we need to be able to do that inside of a building and so we can do that in our houses we need to uh faith that's big enough to hold the 35 of us um we revise the numbers down to 30 to 40 um in the most recent plan of operation and we just want to be able to give be given an opportunity to show this community and the common common council that we are um responsible organization nonprofit organization a private nonprofit organization that can get back to the community and do all the things that we are planning to do and have been doing in the community thank you for the promotion I guess if I can say a few things um I really you know this is a hard one because I I believe you like I believe in your mission and I I believe in your club and and I think it you know it's natural that you'd want to have a place to gather when I look at this though from a zoning perspective when I look at our this land use map um that's all industrial in this area and I look at you know our sighting as a use variance knowing the criteria that

I guess if I can say a few things, um I really, you know, this is a hard one because I I believe you.

Like I believe in your mission, and I I believe in your club, and and I think it, you know, it's natural that you'd want to have a place to gather.

When I look at this though, from a zoning perspective, when I look at our this land use map, um, that's all industrial in this area.

And I look at you know, our sighting as a use variance, knowing the criteria that we need to look at to make this determination.

I just don't know that an assembly hall, be it a motorcycle club, be it uh a wedding venue, be it a church, is the right kind of use that would be compatible with what what we have here.

Um, you know, this is it's a a dead end.

Um, it is an area that clearly has a lot of industrial activity um underway.

Um, and you know, in a city where we're really trying to prioritize uh bringing you know our flight manufacturing back, I'd hate to be thinking about jeopardizing those uses um for for this when there are a lot of areas in within the first district and throughout the city of Milwaukee where you could find a place to gather that doesn't have the same um zoning challenge of it being a use variance.

Yeah, that is that is really the struggle is that we had there's these five criteria that have to be made.

It's the most heavily scrutinized type of application that comes before us for a reason.

These are just blanket prohibited uses, and as um Mr.

Larsson pointed out, we did have remember what year that was.

It was quite a few years, it was May 5, it was 2015.

Yeah, so it's more it was 10 years ago.

I read I do remember there was a it was like a religious, so just inherently probably a less likely to be disruptive to the neighborhood use, but because it's an industrial uh space and there could be appropriate us for uses, we had to deny it then.

And it's I don't know how this is much different.

Um, granted maybe it has nothing's happened under 10 years, and that's our argument to say, hey, it's better to use it for something or nothing, but these criteria need to be met.

Go ahead.

Because they are there from maybe four or five a.m.

to 6 p.m.

Well, we didn't add we don't be there throughout the day, we didn't ask for those day hours just so we won't be a disturbance to the businesses that's coming around.

But we understand that it's not trucks and other things coming in and out, and you know, with motorcycles and all that we don't want to distort the business and so that's why we asked for those evening hours.

So when all the businesses are closed, then we are no disturbance, not in the way of any of the yeah.

Look, to be fun, to be fair, I'm not really sure that this is gonna that this would necessarily be detrimental based on the industry.

That's not really the biggest concern.

There's all these other ones, though.

Like what's unique about this space that you have to have it for this use, and it can't just be used for this intended purpose.

That's kind of that's a big we like it that it's really out the way, you know.

Um that we're not I think it's more just being out the way of everything else that's going on.

Like we've seen a lot of different places where motorcycle clubs get together and things like that, and just hasn't been our type of space.

Like we do a lot of community work.

We're a lot different than a lot of the other motorcycle clubs that are here in Milwaukee.

We do a lot of community work.

We get a lot of donations in, we have people that bring donations to us, and you know, besides just the members there, we have sometimes have a couple volunteers that'll come and drop things off or come to help for the events that we prepare for.

I mean, it's not really our main focus, isn't the partying aspect of it, is to be able to, when we have things going on, we have a decent space to bring people to to see what we do and what we give to the community.

So this space is adequate enough for what we do right now.

And if it wasn't, if the partying aspect was the whole thing of it, then of course the Niaka see that that would not be adequate enough because of the space and the environment that it's in.

But we're really here to be able to have our people who come for these events and donate to to our events to be able to have a decent space to come into and look at and see what we're doing out here.

And we don't plan to be there forever, you know.

We we just need a place to start at.

I think the last thing I had to say.

Any other places to go to?

We got a leaseholder that has invested in who believe in us he trusts us and he um believe in our mission just like the mission that we told you we are serving but this is not we have been faced with a lot of no and we finally got a yes to be in a space and we just want to do work that one but it's not as easy as she mentioned we've had a long enforcement history with the owner yes also just for clarification for the chairman their latest alcohol policy leaves a gap in other words you do not need a license to simply possess and and consume alcohol on your for yourself right so but the alcohol will be present but we're no that's okay that I just want to make sure you're clear about what you're saying.

Yeah I I mean I understand I I don't there's honestly there's really not much wrong with your plan in your proposal it's just is this the from a zoning perspective this appropriate space and are these criteria met I don't I don't I it's a it is I struggle just like board member saying I don't know it does and that's why we're spending the time on this because you know I mean I don't know if we can allocate anymore but I know I can't make your plan like we're willing to do a probationary period we're willing to just give us a chance and to show what we are what we plan to do how we plan to operate just a two year three I don't like we just want an opportunity and so we're kind of like a banking place right now if I'm not the party and we have other menu spots that we utilize like we have uh our motorcycle that's what aspect of we have our anniversary coming up right we have a follow up for that that we that's on North that we rented out not on keynote we have that we have bike tonights and stuff like that we want to party we got bike and I said nightclub on the other um at Leo's band the other we have no we have flyers for those type of things when we found out to party motorcycle aspect of this is more or less for our community based thing that we trying to get going on and for us yeah so much stuff coming up with blue badge rides and you know um whatever and collecting donations for the homeless things of that nature that we want to do and we just need a a club to just do that we'll do the rest of it outside people when you go into a motorcycle club they do have bars that we don't it's not in here at all it's not a bar in revealing premises at all I would love to hear where some of our other board members are yeah I mean this is um I'm not seeing any exceptional circumstances here to all this and I I hear the arguments I hear the good work but strictly speaking as a zoning and land use issue this is not compatible with most aspects of our our uh zoning laws and and the uses intended uses here this is an industrial uh use yeah I think it is a bit difficult because I can understand like it's hard to find a place to gather like motorcycles like you say you just have that there's just this stigma that it's going to be allowed it's going to be whatever so um a place like this just kind of out of the way seems like a place where you would want to be however I don't really see this as a good space for the community facing events like the breakfast wasna or those kind of things like it doesn't seem like the kind of place where you want to invite the community you know and have a bunch of traffic like where then you get into this thing like if you have a community event and families are coming where's everybody parking what's happening with the industrial traffic like what is that interface like because that's not that's not a good um it's not necessarily going to be the best interactions when you have all that increased traffic and all this increased people in the industrial zones which is why typically industrial zones are for industrial uses so um but aside from that I think what we're looking at is not um it's not really the specifics of the plan of operation or well how you're going to use it it's just that from a zoning perspective this is not permitted it's just simply not permitted and so there has to be very exceptional circumstances to allow us to permit it and I don't see that board member rocker did you have anything you know um I'm struggling um I agree with everything that the board is saying

It's just that from a zoning perspective, this is not permitted.

It's just simply not permitted.

And so there has to be very exceptional circumstances to allow us to permit it.

And I don't see them.

You know, um I'm struggling.

Um I agree with everything that the board is saying, but I also hear what the applicant is saying.

And I'm and I'm trying to, in my mind, just decipher.

I mean, I do agree that there is not enough of a case, right?

It's not exceptional enough to grant it.

Um, but I mean they are in this space paying for the space.

Like I said, you know, community events are neither here nor there.

Um, so I'm just based on one what we have to judge on, I don't see it, but I'm also just thinking, is there like a middle ground, right?

And I don't I don't know.

Um that's what I'm trying to wrap my head around.

Yeah, it's this is tough, but I I think you know, if I were to evaluate this kind of across the board from the the people who we have directly in front of us today to any assembly hall, when I look at the variance criteria, when I look at the the land use map, you know, we have seen um some of the spot zoning areas where it's a mix of IL and commercial mix.

We've seen those, but this is you know fully industrial.

Yeah.

Um I think I I am concerned that introducing a variance to this space would not uh preserve the intent of the IL district.

Um and it really could have some um detriment to the businesses that are operating there in kind of um materially change and impair that the um industrial nature um and I I really don't see any exceptional circumstances so those are the three criteria that I just don't believe are are met here.

And if the board is ready, I can turn that into a motion.

Having found the five criteria necessary to grant a variance have not been met specifically um the preservation of intent, uh the exceptional circumstances, um, preservation of property rights is you know not a use that necessarily all other um uh property owners in that area could you know possess those same rights and you know the absence of detriment, I would move to deny this request.

Oh, second to motion board member St.

Arnold Bowl, aye.

Board member Rocker, aye.

Board member current, aye.

Vice Chairman Smysky, all right, and Chairman Lomberg.

I'll vote aye, but I don't know that's I'm not real that we could have a solution, but we just aren't bound by these.

I really hope that you guys find a place to make this work because I can think that many, many aspects of your cloud agreement.

Sorry, item number five 6801 West Villard Avenue has been adjourned.

Next item is item number six, 2468 North Delsman Street.

Request to occupy a portion of the premises as a grant transportation service.

Um is there anyone online um that is here to speak on 2468 North Dalsman Street?

Um if you'd like to speak on this item, please make sure that you click um the raise your hand button okay.

Uh Mr.

Chair, at this time I'm not seeing any raised hands.

Hi, could you give us your name and mailing address, please?

Good afternoon.

My name is Edwin Martinez, 2468 North Dalsman Street.

Okay, and then could you please raise your right hand?

Do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

Yes.

Thank you.

All right.

The Department of Public Works cannot support the use variants for a ground transportation service at 2468 North Dowsman Street.

DBW DPW notes that the property is a single family residence located with a predominantly residential neighborhood.

Per documents submitted by the applicant, the tow truck will be stored within the two-car residential garage at the rear of the property and will occupy both spaces within the garage.

Residential use vehicles affiliated with this property will be parked on the street.

Further, the additional information states that the tow truck will come and go as work is available seven days a week.

DPW is concerned that the comings and goings of the tow truck will be disruptive to neighboring residential properties.

DPW believes that addition of a commercial use to a residential district is not protective of neighbors' property rights.

DNS.

Based on a review of the information submitted by the petitioner relative to this proposal and without benefit of any testimony, which may be presented at the Board of Zoning Appeals hearing, Department of Neighborhood Services finds the criteria for a use variance under 295311 of the city code have not been met.

The Department of Neighborhood Services as a policy does not support commercial or industrial uses at residential properties.

The RT4 is a residential district, and while there are limited conditions that qualify a property to be eligible for a special use approval, an office, for example, this property does not meet those requirements.

That's the requirements that uh the corner bar uh mixed use building that you're used to seeing.

Uh the uh forgive me.

There are no exceptional circumstances.

Approval of ground transportation facility is not necessary for the owner to enjoy the same rights uh of neighboring owners.

The block is all RT4, and again, in other words, if the rest of the block was LB2 or something, uh the nature of the ground transportation is on call service, and that inevitably leading to noise and vibration uh in the middle of the night.

And I want to add that I wrote that line before the submittal of the Facebook page, which says 24 hours.

Um in addition, despite best intentions, towed cars will be brought back to Dalsman Street.

There's no room on it on the lot to put a towed car.

Uh the garage consumes the the width of the of the lot, so it's gonna be on street parking.

Um and deposited at best, the tow truck with the vehicle hitched will be parked on the street.

In other words, a 2 a.m.

run, there's no garage to take it to.

If this is just gonna happen, the hardship is self-imposed and based on economic grounds.

The applicant is free to lease space at an existing ground transportation facility, go through the process of obtaining an occupancy permit, which is needed for city and state licensing required for towing.

The code allows for the owner to park the tow truck entirely inside a residential garage, which the photo submitted, it appears that it fits in the garage.

There is no need for an occupancy permit for ground transportation at this location.

If the board approves the use variants, DNS requests the filing conditions be imposed.

Uh the applicant has uh no signage or advertising displayed on the property that needs to be amended.

Uh, that no prohibited signage be displayed at the location for section 295 4079.

Petitioner takes all steps necessary to prevent excessive noise, glare, vibrations, or fumes when vehicles are entering or exiting the property.

The applicant has no outdoor storage of auto parts, tires, nuisance vehicles, or other junk and debris.

That petitioner obtains an occupancy certificate prior to commencement of operations.

Uh, again, based on the Facebook page, don't know if that has happened or not.

Uh the that all necessary municipal and state licenses required for towing operations are obtained prior to the commencement of operation.

Again, uh it seems like operations have already started, but uh that's where we're at.

May I ask just a point of clarification about can you read that part again about the parking of the vehicle in the garage?

Yes, it uh in the residential district, there is a line in the vehicle section.

Uh that tow trucks are allowed provided they are parked entirely inside of a garage or building.

And the it we believe that that's the case here, but um, so he could have his tow truck.

Um, he needs to find another location, a commercial location uh to get an occupancy permit.

Uh renting is you know, uh a portion of office space in an in a existing ground transportation uh facility would be perhaps an option.

Uh and and he can move forward, but as a policy DNS is not supportive, as the board knows of commercial uses beyond a home occupation, uh, which is listed in the code.

So I'm just trying to understand this.

Um could drive your truck, your could drive your tow truck to an office and do all your dispatch activity and tow to and from there, and then drive home at the end of the night.

DCD concurs with uh the comments from uh DNS and DPW uh one thing I want to stress is uh I think it's already been mentioned that uh he basically has to park the tow truck at an angle in the garage which is very unusual this is a very dense neighborhood the alley is tight there are these abutted uh by a house that has a rear cottage so it it's much more extremely difficult uh more difficult than than average to be able to do this type of business uh out of a residence um so so we find that there are um this what's being proposed does not meet the spirit and intent of the code and there are no exceptional circumstances or hardship to warrant uh the requested variance well we kind of heard the discussion about use variances yeah I mean I do get the concerns about the dispatching activities I can I clarify it allowed yeah um this is not a 24 hour polling service um I buy junk cars around my hours as uh the total uh the towing uh junkyard hours um I'm usually out the house at eight I'm back at home by 330 um I'm not leaving the house that late at night to go buy a junk car that's just dangerous on my part um I I schedule cars off for the next following business day but me going up late at night picking on cars that's I just don't want to do that I'm just trying to use my house as a home office and park my truck in the garage.

So you're you're not you're leave your house in the morning with your tow truck at eight and it's not back there until you're done for the day and parked in your garage I I I pretty much park the truck in at four 4 30 five o'clock is inside the garage already so it's afternoon hours um I had a neighbor complain about sleeping um but right behind my neighborhood there's like a huge factory there's semis going in and out all day every day when you say home operating okay this this is what needs to be clear because if you're saying that you take your truck out you do work during the day moving cars buying auctions moving in places never bringing them back and then you come home and you park your car in the garage at the end of the day across the door then you know what are you doing in your house like what would I'm just filing paperwork just doing my you know you know every car I pick up I gotta you know drop so that's a general off I mean then then we can then this can be denied and you have a right to park your truck in the garage at night and then it's not a display just for for the speaking for the applicant I'm assuming he needs an occupancy permit so that he can get his licenses we won't we won't sign off on a tow license without an occupancy permit for ground transportation.

Is there a home occupation is that is that is that your desire what was that you need an occupancy permit for ground transportation in order to get your tow license correct and that's why you're here because otherwise a home occupation you can have RC license I needed to jump hard at it so that's a salvage yard.

That's why he's here we have denied those into unless they find as I said they find a proper location and get an occup a certificate of occupation they don't need to occupy the entire uh ground transportation facility they just need to lease a portion of it to get an occupancy permit at an approved one and away they so you see yeah so it sounds like as I understand it as it's written an uh home occupants license could potentially be issued but it would not be what is needed in order to secure the the necessary licenses right there's no home occupation occupy permit they're just rules of home occupation I said once again I'm just trying to use my home as an office just to follow my paperwork um and just for me to park my truck at home I'm not leaving out of the house I got two two teenagers kids and I'm leaving on another night on a single father so I guess obviously you know eventually I will grow and I will go get me a uh commercial building or whatever what not but I just can't go just hitch like get some it doesn't have to another towing company or whatever who would be willing to allow him to use that.

just to follow my paperwork um and just for me to park my truck at home i'm not leaving out the house i i got two teenagers kids and i'm leaving on another night on a single father so yeah yeah i've obviously you know eventually i will grow and i will go get me a uh commercial building or whatever whatnot but i just can't go just hitch like get some it doesn't have to another towing company or whatever who would be willing to allow him to use that in terms of neighborhood services that you know we that's it i uh the i will also caution just for the board uh once that once the license is issued it can only be revoked for criminal activity under the current code zoning is not criminal zoning violations or violations of the board of zoning appeal conditions are not criminal actions so they can't be reviewed in other words that license stance uh even i i mean until i guess technically they could probably we would be able to deny a renewal once the occupancy permit is is expired based on a uh the term of limits from you what was the Facebook thing you were talking about i didn't i'm not sure if i saw this era is the letter of concern uh okay good oh this this like attachment to the letter oh god see this is from their face so it's in an advertising you guys are your advertising is 24 hours um i mean i'd say calls probably 24 hours but i'm not gonna take a car in the middle of the night if I'm sleeping or a car you're taking a call if if I'm all about 10 o'clock at night and it's only cause you know I'll schedule it for the next business day I'm not gonna go out at night that's just completely that's just really dangerous to do that.

I mean so this is my challenge right though.

On the one hand seem like a very legitimate small business owner and I can see this use generally operating in a way that isn't going to be that big of an issue.

On the other hand you know there's a whole scope of things that you can do under an approval of ground transportation.

And even if we do our best to limit what that looks like you know once approved that you know it opens up a whole a whole lot of other things and when I look again at the five criteria that we have um it's just hard because it's hard to kind of understand do you carve out an exception um knowing that you know if if you would sell your home I don't think you would but you know this could it stays with the property it's it could potentially be a change of occup change of operator you could do that.

Well we yeah we would review that you'd review it but like yeah it's it's an approval that would last and and a new operator could come in and maybe they're not as good of an operator as we have here and I I think that's a challenge.

And when you look again at the area that surrounds it it's fully residential.

It's not again like this is one of those weird residential partners or parcels that's immediately adjacent to a industrial zone.

So I there's a huge factory right behind the house.

I think that I think the point is like you can go and get I understand it's pit rent I get it it's like I it's not like oh just go rent an office what's the big deal I know you're trying to get your business going to get it started but if you get you know that what what Lindsay is saying is you can you can you know if we grant this this changes the characterization of this and it kind of open it's just creates permission to do something that's otherwise improper even though you probably could be a good operator and make it work.

So if we if we have you know if you go in and rent an office somewhere where you can you know that doesn't prevent you from using your cell phone to take calls at your home you know and set up an appointment for the next day or whatever you keep your car parked in the garage when it's you know your work truck in the garage is just committed you then have a light you get your license is then tied to a legitimate business office and we haven't re-ke re you know character categorized your home and residential as having this um you know improper use I mean I just think I know it's a little bit what's a little bit on you but when we look at the criteria that's kind of you know basically like why can't your house be used for a house right why does it need to be a business right and so I don't know I mean I I do think I really do believe that they said your explanation and it's made me understand it further not having because 24 you would agree 247 dispatch would be crazy people would be like are you nuts the backup alarm on your thing and the battling and having a car on the street hooked up to the truck when you can't take it to a salvage yard I mean all those things would be no but I know that and I believe it and it and it's I just I'm not sure that it's adequate to uh meet the use variance correct I mean that's the important piece that's be that no one can control that really like the granting of it opens up a huge window so hopefully you're yeah I I'm not sure that OSA should be in position to rent an approval so that he can get licenses to operate afterwards so this is kind of putting the uh part before the horse

Right.

I mean, that's the important piece that's no one can control that really.

Like the granting of it opens up the huge window.

So I'm not sure that Oz should be positioned to rent an approval so that he can get licenses to operate.

So this is kind of putting the part before the horse.

And based on that, I wouldn't uh make motion to deny the uh request.

All right.

No, I wasn't going to say call it.

Board Member St.

Arnold Bell.

Hi.

Board Member Rocker.

I board member current.

I'm chairman Semysky.

And Chairman Lower.

Sorry, but not you.

Yeah, thank you.

I'll try back up.

Take care.

Five minutes.

Five minutes.

Okay, five minutes.

We'll take a five minute break.

Marjorie.

Sorry, we were muted.

Uh Marjorie and Deborah, are you both available?

Yes, I'm here.

All right.

Well, let's get on with the show.

So our next item is item number seven.

Mrs.

822 North Twenty-Fourth Street.

Request to continue occupying the premises as a rooming house for twelve occupants.

And this matter was previously adjourned from the June 4th, 2026 consent agenda at the request of an interested party.

Staff's recommendation without the benefit of any oral testimony having been taken on the manner was for uh tenure approval.

And then I'm just gonna check.

Is there um we have some people in the audience that are here?

Okay, if you want to come forward.

And then is there anyone online that is here to speak on this item?

Again, that's eight twenty-two north twenty-fourth street.

If you'd like to speak on this matter, please um click the react button to raise your hand.

Okay, and I don't see any raised hands online.

Could you both please give us your um names and mailing addresses, please?

I am Robert Conklin, mailing address eight nineteen north twenty-third street, Milwaukee.

Five three two two two two two two two two two two three three three.

And George Shaparis, nine seven four South Sixty Third Street, West Allis, Wisconsin, five three two one four.

Thank you.

Could you both please raise your right hands?

And do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth.

Yes, so I'm in good.

Thank you.

Nothing to add.

Yeah, we do need uh to add one more standard comment.

Um the the that the petitioner obtains and maintains a valid city of Milwaukee dwelling facility license for the rooming house.

ECE, nothing additional.

Um the last time this is approved.

We're what was it for 10 years also?

Yes, that's what I thought.

It's been renewed numerous times, correct?

Goes back to uh at least 2006, but I believe it's been used as a ruling house uh long prior to entering the bowls of world.

And this particular operation has been, I mean, it's quite a bit of letters of support from I think a few neighbors, but also just people that have that have benefited from being residents here.

Yes, sir.

I know there's a letter of objection, um, which I think is in our file.

So no one's here.

Uh no one else is here to address that.

Is that correct?

Yeah.

Oh, online, yes.

No, nobody raised their hand for this item.

Would you like me to ask again?

Sure.

Okay.

Um, we're just gonna check again.

Is there anyone online that would like to speak on eight twenty-two North 24th Street?

Um, if you'd like to speak on this item, please make sure that click the react button um to raise your hand.

Uh and Mr.

Chair, I'm still not seeing any raised hands.

Understanding this is used variants.

I do also believe that there's a track record here of kind of fitting in as a as a prohibited use with the neighborhood.

I know we do have the letter of objection, but there's also a lot of support and having the the history being renewed.

I was kind of inclined to recommend that we adopt staff recommendations.

Second board member St.

Arnold Bell.

I board member Rocker.

Aye.

Board member current.

Aye.

Vice Chairman Smysky.

And Chairman Lomberg.

That's it.

Okay.

Thank you.

Thank you guys for coming.

Thank you.

Item eight, eighty-two fifty-three West Appleton Avenue.

Request to construct a commercial building that exceeds the maximum allowed front setback and to occupy a portion of the premises as an accessory use parking lot.

Um again, I'll check.

Is there anyone either online or in the audience that is here to speak on eighty-two fifty-three West Appleton?

You're online and you'd like to speak, please click the react button to raise your hand.

Okay, and again, no raised hands, Mr.

Chair.

Hey, could you give us your name and mailing address, please?

Thomas Sakoiak architect with Stack Design Group 413 North Second Street, Milwaukee 53203.

Thank you.

And could you please raise your right hand?

Do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

Yep.

All right.

Let's hear from the city department starting with EPW.

Nothing to add.

No additional comment.

DCD.

Yeah, this plan was basically approved a couple of years ago.

And for whatever reason, it didn't uh get its permits, so it's back before us.

So Mr.

Stack was not the architect of the original plan.

Uh there's minor differences, but you know, nothing that uh causes any any kind of issue.

What was the is this it's the same exact plan?

Um I mean, I mean substantial same basic square footage and layout.

I mean, some of the doors are in different locations and whatnot, but it's you know, very similar.

Uh what was the prior approval for well back in November of 2024?

I'm sorry.

Oh, sorry, you got it.

So December of 2024.

Um it was uh granted uh to run with the land, it's really still sorry, can't just the building.

The parking lot is the special use piece, and so that that's the okay.

I I yeah I know I yeah, I don't know.

Does anybody have any conventional special use?

Yeah, I and I know that there's a email from the alderman what is being sold, but this is a working lot.

I've so here's what I would say.

I think we can move comfortably forward with approving with this.

Um anything that goes into those if those two commercial units, if it would be tobacco or liquor, right would likely have to come before us or another entity for approval.

And I I think at that point, you know that's when we have the discussion about what is used there.

Right.

And I certainly don't think we can restrict commercial uses that could otherwise be approved or special uses based on to run with land based on this application.

I agree.

Uh board members make motion.

Uh Mr.

Chair, having found that the criteria or both the dimensional variance and the special use have been met um based on the evidence from the file testimony received, I would make motion to approve this to run with the land.

Second, yeah, board member St.

Arnold Bell.

Aye.

Board member Rocker.

Aye.

Board member current.

Aye.

Vice Chairman Samyski.

Right.

And Chairman Lumber.

Aye.

All right, thank you.

Thank you.

Item number nine.

West Capitol Drive.

Request to continue occupying the premises as an assembly hall.

Um is there anyone in the audience?

Um, is there anyone online for this item?

Again, that's 9235 West Capitol Drive.

Uh please raise your hand if you'd like to speak on this matter.

Mr.

Chair, I don't see anyone with their hand raised.

Is this this?

Is this the same operator?

Yes.

Um issues other than what's in your I see no complaints.

DNS.

I do we have any communications from the alderman?

Yeah, there's a no objection email in our file.

Uh yeah, we've we've not received complaints since approval.

I I understand the applicant's not here, but this is a renewal.

There doesn't seem to be an issue.

There seems to be communication with the authors.

I I don't know.

Does anyone want to hold this or do we want to I think we could proceed?

I'm looking at the letter of concern that was here, and it you know, it indicates I'm asking.

I want to ask the board to make sure this new building and parking lot will not block or close my entrance to the garage.

Is it?

Oh no.

Maybe it's okay.

Sorry, well, that's embarrassing.

We have any.

I do recall that the last time this came up, there was a lot of controversy, but it got kind of worked out and it did get a one-year approval.

And we don't have anyone complaining now, but it was controversial the first time.

Even better.

This has been noticed twice because this was you know, just I'll leave it uh I would entertain if somebody wants to adjourn this, but we have an engaged elder of this district who's vetted this and has indicated there's not an objection.

This was a problem before as that indicated, and I don't know.

I mean, I you know and it's been noticed twice.

I'm happy making a motion.

Having found the four criteria necessary to approve the special use happen that based on the testimony provided today and the information in the file.

I move to approve the special use for a period of five years, subject to the conditions in the hearing summary.

Second, okay, board member St.

Arnold Bell.

Hi, board member Rucker.

No, just because they didn't appear.

Board Member Current.

Aye, Vice Chairman Smyski.

Right.

And Chairman Longbird.

And then next item is item number 10.

3434 North Golden Street.

Request to occupy the promises as a light motor vehicle repair facility.

Um, and again, just check in.

Is there anyone in the audience or online that would like to speak on 3434 North Holton?

If you're online and you'd like to speak on this matter, please make sure to raise your hand so that we know you're here to speak.

Okay, and no raised hands online.

Could you give us your name and mailing address, please?

Yeah, my name is Yatin Khan mailing notice 2335 West Manchester Avenue, middlewake 53221.

Thank you.

53221, yes.

Okay, thank you.

Is it your name is Z I A U D D I N last name K K-H-N?

Okay, thank you.

We just have a make sure the court reporter has it spelled correctly.

Thank you.

And could you please raise your right hand?

Do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

Yes.

Thank you.

Okay, Mr.

Connors, hold tight.

Let's hear from the city departments, DPW.

Nothing to add DNS.

No additional comment.

DC.

Nothing additional.

Okay.

Are you I just clicked on the wrong place?

Are you presently operating?

Is this a renewal?

Are you starting to you not operating here right now or no?

I believe the site was has been used for this use for a long time.

It's first trip to Boza or maybe a second.

Yeah, it's it's got an automobile use.

I wasn't sure if you were the previous and you're the new owner.

Yeah, I'm gonna buy the property and then I'm gonna start the business.

Okay, and are you going to be running the business or will you okay?

That's a good I wasn't encouraged.

Um if there's no questions or comments, I can make a motion.

All right, having found that the criteria for the special use have been met based upon the information that we have in our file and the review by staff.

I'll make a motion to approve this for three years with any conditions in the hearing summary.

Second board member St.

Arnold Bell.

Hi.

Board member Rocker.

Aye.

Board member current.

Aye.

Vice Chairman Smiky.

Right.

And Chairman Lomberg.

Thank you.

All right, thank you.

Take care.

Item number 11, 3617 North Tetonia Avenue.

Request to occupy the premises as a community center.

And again, is there anyone online for 3617 North Titania Avenue that would like to speak?

Okay.

Not seeing any raised hands.

Hi, could you give us your name and mailing address, please?

Sure.

Danielle Rin, milling and 3611 North Tatonia Avenue.

Okay.

And yes, thank you.

Do you affirm under oath that the testimony you're about to give is a truth, the whole truth, and nothing but the truth.

Yes.

Thank you.

No additional comment.

DCD.

Nothing additional.

Right.

We've reviewed your plan.

You do have a there's a letter of support by the neighborhood association, which is good.

Um you're leasing the space.

Yes.

What's how long is released for?

I'm actually the owner in the business is leasing.

Ah, got it.

Okay.

Um, well, I don't know.

It's pretty straightforward.

Does anybody have concerns?

Questions?

Comments, challenges to this applicant to do something.

And this is in uh your coordinator coordinating this with your business next door.

Yes.

So the people that don't qualify for the adult daycare service would be qualified for the community censor.

And is it a quick question for DCD?

Is the has the business next door come before BOSA?

Yes.

But it is the adult an adult daycare, which is now in certain circumstances permitted by code.

So her other business no longer has uh those requirements.

Her other, but her other business definitely does not.

Yeah, so there's nothing to synchronize.

Yeah, yeah, her but her correct, correct.

And for DC.

What was the last one more question?

What was the last uh approval?

Like for when it was needed, how long what was the prior approval for the adult against uh in 2017?

They're given a three-year approval, and within a couple years of that, we changed the code that made the adult daycare uh permitted under certain circumstances.

How long you've been up?

How long have you been operating the adult daycare since 2017?

Okay.

I'm gonna actually go for five.

Okay.

Well then you know having done the four criteria necessary to grant a special use have been met based on the testimony provided today, the information in the file, and the testimony from the applicant.

I will move to approve this for a period of five years, subject to the conditions in the hearing.

So board member St.

Arnold Bell.

Aye, board member Rocker.

Aye, board member Current.

Aye, Vice Chairman Smysky and Chairman Lulenberg.

Great.

Thank you.

Good luck.

Item number 12.

8700 West Brown Deer Road.

Request occupy the premises as an assembly hall.

Um is there anyone in the audience for this one?

And then we do have a few people.

We have the it looks like the applicant is online.

Oh so let me and then Alder Woman Taylor is also online.

This is in her district.

Is there anyone else on that?

Okay, we have one other person.

Anyone else online that would like to speak on this item?

Again, this is for 8700 West Brown Dear Road.

If you'd like to speak, please raise your hand.

The applicant is online, and then so we have Alder Woman Taylor online.

We have on the applicant, Katherine Accoro, Akuro, and then Kari Phelps online.

Is there anyone else?

Yes.

Yes, someone else.

Um, I also have my architect online, Nick Webinson.

This is Miss Aquaro just that's speaking.

Yes, this is Ms.

Kova speaking.

Good evening, though.

Who is the other person?

Are you is that a person that's in favor of this that's with you?

Um Kari Phelps.

Kari Phelps?

Yes.

Yes, it's Carrie.

Oh, I'm sorry.

Sorry.

I just repeated Indian, right?

So why don't we have anyone who wants to speak or might speak?

Just we'll have you give us your names and mailing addresses and be sworn.

We'll hear from the city departments.

We'll hear from Alderwoman Taylor, and then we have some questions.

Um, but just so that we don't have to come back.

If that anyone that might be speaking, we'll have you smart.

Okay.

Um, I'm gonna start.

My name is Kathryn O'Coven.

Okay.

And your mailing address, please.

My mailing address is 9408 West Daniel Avenue, Milwaukee, Wisconsin, 522 to 4.

Thank you.

And then um, Carrie.

Did you want to give your name and mailing address as well, please?

Sure.

It's Carrie Phelps mailing address 1849 North, Dr.

Martin Luther King Drive.

210.

Anybody in the room.

Thank you.

And then I those are the only two that I saw their hands raised.

So we'll we'll have you both raise your hands.

Your right hand, and then um, we're gonna swear you on.

You affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth.

Yes, yes.

Okay, thank you.

All right, um can I quickly add something?

Just hold on one second.

Uh, we're gonna hear from the city department, so we'll come back to you.

Go ahead, PW.

Nothing to add DNS, no digital coverage, DCD.

Nothing additional.

Uh Alderman Taylor, um, this is in your district.

What do you have for us on this one?

Yes, hi everyone.

Um, I just wanted to be able to chime in.

Um, because this location is um small, very small, and it has very limited parking.

And so I've had a conversation with Ms.

O'Coro in that respect that the uh location has very limited parking and may not be suitable for an event space.

Um, there's a restaurant, it's a three um a three-space uh building.

So there's three storefronts, and one storefront is rented out as a restaurant, and the other one is uh I'm not sure if she's rented it, but um, it is separate from the middle space, which she is using as a uh which she would like to use as an event space.

So I had a discussion with her that an event space may not be conducive for this because it is uh very limited with parking.

At that time, she had explained that she would use the parking next door.

Uh, but uh the question is what do you do when that building next door is sold?

Uh it's not going to be available for her forever.

Uh so I wanted her to find a solution that would be um long lasting.

After she met with the uh GAC, GAC informed her that the same thing that um she really would be restricted to the limited parking by the building that she would be that she owns, and that she uh would be uh managing the event space.

Um Brown Deer Road is a highway, so there is no parking on Brown Deer, so she is extremely limited to what she has there.

Um so I think that um, in my opinion, it's not appropriate.

Um, but again, I do allow uh all business entities to go before GAC.

I do understand that GAC put those restrictions in place to limit the parking as well as as they have done all events bases to limit uh to no teenage um parties, and I don't know if those notes have been shared with you.

Um, but hopefully you you did receive them.

If not, we'll have to forward those to you um from now on when uh after GAC has met.

So truly, I don't um think that this is appropriate.

Uh however, if she's gone before GAC and they approved it with those limitations, um, I'll support it with the limitations.

Okay, thank you.

And there is a parking agreement that in our file with the adjacent business owner for larger events.

I understand there's a parking, I do understand that there's a parking agreement.

Um, however, I do know that that owner is looking to sell that building, and if she sells that building, that parking agreement becomes void.

Well, no, it's a contract that would I don't know if there's an end date, but that's not accurate.

The lease stay carried with the building.

If somebody sells a building, the tenants get to stay under their rental agreement.

So I don't to be fair, this parking agreement doesn't have it doesn't, it's it's an agreement, it doesn't have a termination date or anything.

But but they would that the new owner would have to honor any kind of any type of contract the previous land entered into.

Um and I and that's so unfair to a new owner of a building to be put in a situation like that.

Um what I would like for what happens when businesses operate businesses that are not conducive to the building, then you end up with disagreements and chaos in a district on Brown Deer Road.

We are struggling and we are working very hard to make sure that we bring viable businesses that are going to last and businesses that are going to be an asset for business to come in and to potentially have uh disruption because of the uh size of a parking lot.

Uh it's not fair to the district, and it's not not fair to residents that um would access that space or customers, even I don't think it's fair to another business owner to have to take on something like that.

Um if they were to purchase that building, and now they're stuck with an agreement that they did not make and had no choice in.

So that is not that is not the agreement of the Granville Havenswood Advisory Council either, for her to be able to utilize that parking space.

Neither Bozo nor GAP has any ability to interfere with contract or contracts made between private citizens.

That's just to complete so I'm not asking Boza to okay that contract.

What I'm asking Bosa to do is to consider the fact that whether or not you want to grant her occupancy for the building that she's requesting with the knowledge that she is also entering into a contract that is for a different location for parking.

That's all I'm asking.

So I'm not asking you to approve or disapprove the contract.

I'm asking you to think about the occupancy that you are looking to grant um in relationship to the fact that she does not initially have enough parking without the agreement for the other building.

Can I ask two questions?

One question, um, and then well, maybe uh turn it around.

I would really love to hear from the applicant on I I've read your plan of operation, but obviously the parking issue has come up a couple of times.

So I really like to hear from your perspective, you know, um, as you think about how you operate this business and how you um market it to potential renters, how you intend to talk about the parking spaces, and then I I guess I'd like to look at my uh DPW traffic engineer and ask um you know, after we hear that, do you believe uh there are ample parking set spots?

Um I'd like to start with the applicant.

Okay, thank you for the opportunity to speak.

Um the um city actually took um into consideration the concerns for the parking.

Um initially when we had applied for um for the space, we had requested for um 150 um people.

Um, but based on the um consights for the city, the numbers were slashed in half.

So um the numbers were actually slashed to 50 for one of the halls, which is like half of it, and um for the other hall, 99.

I mean, considering the um amount of space we have, this will accommodate adequately because we have um on the adjoining lot, it's about 150 spots, and um on my spot is um 25.

So given the number that we were approved for, I mean, this should accommodate comfortably, and I'm kind of surprised that they or that we was um concerned because we did meet with um Granville and the okay um the numbers, so I don't know where her concerns are coming from, but I will actually like my um my architect to speak on because he walked directly with the city on this.

Um Nick, he's actually on the phone.

I don't know how to connect him.

Well, he could just get sworn if you if you're there to um just give us your name and mailing address, and India can swear you in.

And um there's there's not a oh, she's he's on your phone, on this phone.

No, he's on his phone, he's logged in on his phone.

While we're waiting, let's hear from Don.

Do you have conversations with the architect?

I have not had conversations with anybody.

Okay, however, um, we do see a lot of assembly hall uses, um, both for city plan commission as well as for Board of Zonic Appeals reviews.

Um, and as part of that evaluation, I mean that is a key thing that we are looking at is parking.

Um so the fact that there is 25, yeah.

I'll be honest, the fact that there's 25 spaces on the site is actually not bad as a starting point um for some assembly hall uses that we see.

Um, and frankly, it is very common for larger assembly halls to have parking agreements that are off site for off-street parking.

Um that is not uncommon at all, is actually more common than not.

Um so you know, somebody having an agreement with a neighboring property, um, they're immediately adjacent to this facility.

That seems perfectly acceptable.

And uh given the ratios that we we sort of measure things in in Department of Public Works, um, I do believe that there is sufficient parking, you know, certainly between the two lots.

Again, we are starting with a very good base number of parking spaces, um, as well as there is space for movements, so certainly I would expect that a certain number of attendees would come by taxi or ride share.

Um, not everybody is going to drive themselves here, you know, certainly not because you know, certainly because uh people are conscientious, or there are certainly a number of people who are conscientious, let's put it that way.

Um, that they don't want to be driving if they're drinking, for example.

I would expect in an assembly hall, and I I have to admit my memory's not the best on this on the very finite details of this plan of operation, but uh most assembly halls do have alcohol, either via a catering service, via their own licensure, what have you so attendees, you would expect a certain number of attendees to plan accordingly, and that would be you know, not driving yourself, so that at the end of the night you're not driving yourself home.

Thank you.

That's helpful.

And I I do see the alcohol policy in here um related to uh certified servers and all that good stuff.

So uh may I come in?

I'm sorry, I I couldn't hear Lindsay.

Could you say that one more time?

I said I I see in the file that there is uh a document related to the alcohol policy that um Don had mentioned.

So that was it.

And may I have an opportunity to respond to uh was this DPW?

Sure.

Um so one uh I I heard it mentioned that um sharing parking spaces or having this type of agreement is very common, and I didn't know if I would like to know if she has examples of these shared agreements with other uh event spaces, and then also um I don't know if we could fairly make an assumption that people are going to be utilizing ride share.

Um the applicant has mentioned that there's 25 spaces that she has uh adjoined to her facility, and other spaces would have to be shared um with the next door building or the next door lot.

Um, and I don't think that we can make a fair assumption that people that are going out for the evening.

This is a busy highway again, so Brown Deer Road is not um your typical street, it's a busy, very busy, highly traveled highway.

So I don't think that we can just make an assumption that ride share is going to be utilized by many people.

Uh unless you have some studies to show otherwise, I'd like to see those.

Well, well, I guess I can speak on the I don't have specific examples, but I I will echo what Don said it's extremely common.

In fact, oftentimes a condition from DPW that there are parking agreements in this circumstance.

So it I think if you reached out, I don't know if we could readily get that information available from the Bozo.

They're definitely it's very very common.

Um and then with respect to the ride share, I guess I don't well defer to Don, but that's just kind of part of the analysis is the expectation of what public transportation is available, what the expectation is for people to take.

Can I give one example?

There would be no transition.

One example, excuse me.

This is scary.

One example on prospect 1451, I think it is, North Prospect.

They partner with a neighbor, they don't have any parking at all, but they partner with a neighboring parking lot, which is adjacent to them, which is used very frequently.

And I'll to add to that that particular venue, it is multiple parking lots that they share.

Any of the facilities on self-park play have shared parking agreements.

Um saying that you had an example.

Yeah, there are multiples.

Several uh spaces on Belite Street that have shared parking agreements.

Oh, I'm sorry.

I just wanted to say it looks like the architect has made it online.

So whenever appropriate, yes, it's not okay.

Nicholas, um, are you able to unmute yourself to speak?

Yes, can you guys hear me?

Yes, could you give us your name and mailing address so we can swear you in, please?

Yep, Nicholas Robinson.

Mailing address is 6616 North 51st Street, Milwaukee, Wisconsin, 5323.

Thank you.

And could you please raise your right hand?

And do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

Yes.

Thank you.

All right, what are you trying to go ahead?

So sorry, I was on the phone.

I guess you guys can't unmute me if I'm on the phone or something, so I just joined via webinar.

Um, so I think it's important to note that um this building is historically in assembly use.

So I've been working very closely with the city of Milwaukee because they quickly realized after Catherine bought the building that indeed this building in the past, years before she bought it, um, the city had actually given an occupancy, you know, for these assembly uses without actually even checking the proper fire codes and all that kind of stuff.

So Catherine is going to be tasked with almost picking up the slack to make the building safer, in addition to all the things that we're talking right now, which includes a nine thousand dollar firewall, and that's just one part of the work.

So essentially, this building, he had no idea that when she bought it, that it could not be used in the way in which it was actually designed and permitted to be used in the past.

So the original actual, like if you do the calculation for occupant load, he can fit a crazy amount of people in here.

But then the inspector in the city found an inspection report that limits over 5,000 square foot space to 90 occupants, which is a fraction of what fits in there if you multiply that by 15 people per square foot, you know.

Um, if you multiply the square footage by 15, which is the assembly occupancy for tables and chairs for banquet use, and then for the the third space, so there's the restaurant, which is pretty much primarily kitchen, like three.

I would say two thirds of that space is all kitchens, a very small sliver of the building, maybe a fourth, and then the middle space is the large space.

That's even though it's over 5,000 square feet, it's limited to 90 occupants, and then um there is the space that's on the far east, which essentially uh that has always been a business occupancy for a previous church, which we were trying to figure out how does the uh an assembly get a business occupancy as well.

The assembly was limited to less than you know 50, which is 49 occupants.

So, what we're doing is keeping the same assembly space, um, was I should say the same occupancy as what's previously was permitted in the building.

So the 90 and now the 49, and they've even made us, you know, on the on floor plans reduce that space physically more so that she could literally not physically fit any more people in there.

So she's had to build a set, she's gonna have to build a second bathroom.

She's gonna have to create like a crazy amount of store space just because they just don't want to give her the opportunity to even have the opportunity to host the number of people that you know would normally be used for a space like this.

So I think it's just I just wanted to make sure that we understood that she's not asking for the use of this building in a way in which it has not been used in the past, is literally it's a it's a it's an assembly use already.

Um she's just hoping to use it for the reason in which we she bought it, which was what was previously permitted.

Thank you.

It's a change in construction occupancy class, and the requirement is with regard to sprinkling.

And she's she's bringing everything up if they're putting in sprinkling.

Certainly want to let the plan examiner know about it.

Well, they're not putting it as fire sprinklers.

Um, we came to a compromise with separating the face uh the spaces with a fire separation.

So essentially we're uh reducing the fire area, if that makes sense.

Right, but that's what is impacting the numbers.

All right, well, thank you for that.

Um, board members, what do we want to do?

You know, this is all the woman tailor again, so I I would like to um speak to that as well.

That that may have been the most recent use of that space, um, under the last owner who has not been a very good partner uh in the district as far as businesses that she's allowed in those spaces.

Um that has not that was not the previous use prior to this last business, um the last property owner that that owned the building before Miss Oral.

Uh so I just wanted to just make that known.

So before that, it was a beauty center, maybe a beauty supply store.

Um, but it was certainly was not always an event space.

Um that that now would require the amount of parking as that space was a um used as an assembly space, there still was not enough parking and parking was spilled over into the other lot before uh and that was because you had the same owner of both buildings.

In this case, we don't have the same owner of both uh properties.

It's going to be a different, it will be a different owner.

And I also would like to say too that this should not be a surprise, uh, because when Ms.

Okoro um initially came to me with the idea, I spoke with her then that parking um would be an issue.

Uh parking is an issue, and again, like I said, I do uh would I would like businesses that come into the district to be an asset.

I would like them to help improve the um district.

Uh I'd like for them to be viable sustaining businesses.

Um and when you have an agreement such as this, uh I have seen the struggles that we have had with that kind of um parking and spaces are very limited.

Um again, GAC has given her um the green light with some limitations.

I would ask that she would adhere to those limitations if approved, um, and try to as best she could to be a viable business uh and an asset to our district.

Thank you, Alderman Giller.

Yes, thank you.

Um this is a good discussion.

I am comfortable moving forward with a shorter term approval.

Um, I I think um so Cara has put a lot of work into this.

Uh it sounds like she's front on a reputable architect.

I have no reason to believe that this wouldn't be a valuable and viable building or uh business um for the brown deer district or this area.

Um I would also add Miss Ocaro that if the property next door is up for sale, maybe you want to have the conversations with that property owner early.

Um with that said, I would move to approve this special use for a period of three years, subject to the conditions in the hearing summary.

Second board St.

Arnold Bell.

Aye, board member rocker.

I board member current.

Hi, Vice Chairman Samyski, and Chairman Lomberg.

Hi, thank you, everybody.

Thank you.

Thank you.

Thank you.

Okay, so that concludes the five o'clock agenda.

Do we want to move forward 545?

Yes.

I think everyone that's left has to go back to the front of us.

So sure, can you hear today?

Everyone else.

Okay, let's go ahead.

You're all right.

So our next item is item number 13, 3770 South 52nd Street.

Request allow a front porch that does not meet the minimum front setback required.

And um, I'll just read the notes.

Um, they're fresh everyone's memory.

So this matter was adjourned from the May 7, 2026 public hearing by the board, and then it's motion to adjourn.

The board requested that the applicant either submit revised plans, reducing the size of the proposed porch to be more in line with the porch that existed previously, or submit documentation or photos that better explain why a smaller porch is not possible.

Um the applicant did submit materials on June 10th, 2026 and June 20 June 22nd, 2026 in an effort to comply with this request.

Um I'm just gonna check.

Is there anyone online that would like to speak on this case?

Again, this is 3770 South 52nd Street.

Please raise your hand if you'd like to speak.

Okay, and not seeing any raised hands.

Hi, could you give us your name and mailing address, please?

Hi, my name is Darwin Reyes Alvarado.

I'm the owner of the property on 3770 South 52nd Street.

Thank you.

And that's where you wanted to receive mail.

Yes.

Okay.

And then could you please raise your right hand?

Do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth.

Yes.

Thank you.

All right.

Um DPW, nothing to add.

Yes.

One moment.

Yeah, our position hasn't changed.

Um, we're not in support of the front yard setback variants.

There's no topographical uh hardship, in other words, there's no slope where it which would require one end of the deck to be higher than the other to meet code.

Um the uh um the was a variance for a prior stoop.

Uh and if uh re you know, if the board should choose to make a ruling that the current deck be cut back in depth to that prior um that prior depth, uh, you know, that DNS would not be opposed to that.

I would make the motion in the sense of reducing the depth of the deck uh to the limits of the stair.

Okay.

DCD.

DCG does not oppose the requested variance, does not oppose it.

So it's a change.

Okay.

So I remember a little bit, and I think these pictures do help us, at least me to kind of visualize what you were talking about as I recalled.

Yeah, you were talking about I think what you were saying, and you'll correct me if I'm wrong, but was that wouldn't the some of that concrete material is still sitting under there from the prior stoop?

Yeah.

How deep because I see the I see in one of the photos where it was it's basically raised level.

Uh so there's like a footing there or something, or what?

Yeah, actually, I don't know if it is a footing, I don't know how deep it is.

You can see the stoop, the stairs that come out of the stoop.

That's that's a part of it, but like uh the whole square, like it is on top of the stoop, it was like another sale because they're like it's coming out to the front of uh uh to the house.

So there is more debris on their bed.

So I don't know uh what exactly was in there before.

I don't know that I'm seeing so that what can you tell me what picture you're looking at?

This is the original.

Yeah, that's the right, yeah, like the possible render, but then a little that's the rendering of what it may have looked like.

If you look at the photos of previous porch, was sideways like this.

There's and then there's if you scroll down, there's a there's a there's a photo of it gone, like a construction.

Yeah, but if you look at the photos, let's see this is underneath there.

He's I think what he's saying is there are remnants of the stairs that went straight towards the sidewalk side.

Right.

So the thinking the origin the rendering the sidewalk went out straight.

Yeah, you believe that there is like some of that concrete.

When I was digging, maybe I found like brakes, like layer breaks one on double the other.

So I guess that's how they made it on the beginning, and then they changed the shape of it, and what the stairs going to the side of the house, and that's when they drill the stoop, and then the uh the stairs to the side of the house, and that's still like the brief two because it was like too deep.

I don't know how deep they build it.

You you chose to leave all of those obstructions in place and just build out beyond uh those obstructions to fulfill your needs to uh build a porch.

The thing was when uh the guy uh I I had to play a bulk cat to do that, and the guy was telling me like he was like uh beating more and more of that.

The thing was when uh the guy uh I I had to pay a bobcat to do that, and the guy was telling me like he was like uh beating more and more of that, so I told him to stop because I didn't want to damage the structure of the house because it was like too deep.

He was already like two feet down, like was hitting uh breach.

It's typically footings are three feet and more uh below the grate.

That's very typical.

Yeah, and uh I honestly didn't have like that much of money to pay like more to the guy to take all the.

And you chose to leave those obstructions in place and build around them to fulfill what you expected as a porch area for yourself, yes.

I mean, obviously a difference of opinion.

Is that based uh just what you saw about the original porch or well it seemed as though he was building a new porch and with the substructure of the existing porch being there, he just you know built built onto it, and so I I did not have a problem with that.

I do, you know, I I understand like the it's a big porch, it's in the front.

It does seem to be some reasons why at the time it made sense to do it.

Maybe some except maybe there's some exceptional circumstances you do with the stuff in the debris in the way.

Maybe that could have been removed, you know.

I don't know.

Obviously, the issue is right, it's a big it's like a backyard, it's like a deck that you can see on the back of the house on the front of the house, and it does change change the characterization of you know the lines of stoops and fortress down the block, right?

And so I mean my house is very different to all the houses on the block and uh around that neighborhood too, is like very old house, and like the shape and like everything in the house is really different about all the others.

But the front of it's about uh maybe it's a little further out than some of the neighbors, yeah.

Um my house and the neighbors, like um things north so those are like the only two houses that are like more of the function.

Have you had conversations with your next door neighbors?

Yes, they uh they are have not all like uh they're just asking me how things are going.

And anything at all.

I even like been asking like how things are going.

Uh if they're gonna if you guys are gonna allow me to put the porch as it is.

I mean, they are like positive uh comments all all the time, so it's a real nice thing over with social people, isn't it?

Yeah, we have not received complaints.

Uh we do have an order, but that order was based on uh this porch coming up in a prior front yard setback for a sunroom to the north on the same block, and so but we have not had complaints.

I can't have it.

I will say that I really don't.

Um I think this is in some ways a little bit self-imposed, but I also understand that you know um these kinds of projects can be very cost prohibitive and it can be really challenging to make these kinds of improvements to your home.

Um and and maintain uh and and you know I don't know.

I I mean it's a dimensional variance, so you know the south and position it's not a use variance.

Yeah, so you know it's it's I agree.

I don't, you know, I don't know, even if we had to consider whether it's self-imposed.

Is it that he bought a house and he had no idea that previously it was it had a different layout with the with the sidewalk going out to the front?

Well, I mean there are some it it was built without permit.

Had he gone to the permit center, they would have advised him with regard to front setback, and he would have been able to incorporate that uh position.

No question.

This is asking for permission after asking for forgiveness, not permission.

I think Alderman Spiker has said, um I it's not, you know.

I agree with Lindsay, I don't love it, but I think there are some.

I would feel differently if your neighbors were outside.

I need I think it's relatively attractive.

It doesn't seem completely out of the character of the neighborhood.

And also have to run with the land.

I don't know.

There was a porch there before that was smaller.

So you know, it's a little bit farther out than some of the neighbors.

Um porches.

Yeah.

I mean, there was a wood wood deck on top of the wall before.

It just also looked different.

It had a different type of rail, which matched some of the railings that some of the neighboring houses had.

I mean Yeah, the building was pretty much like I don't know how they build it.

It was just like common wood on top of the stoo.

And yeah, and he had no footings.

That was the original one you said on the stoop.

We wouldn't use two y four, and it was like really bad because all the water was getting uh stuck because he had no drain and nothing like that.

So when I took this tube down, I couldn't make footings to set the new day.

I understand that.

I just think it even the previous the the the previous iteration, what you're assuming was the iteration before that, they look different, they look more like a front porch.

They have a decorative metal railing, they have they're not so heavy looking.

Like this looks like a backyard deck, which is what I mean, just that to me doesn't fit.

I'm not super concerned about the extra foot eight, whatever it is, 18 inches.

Um it's not that much different than the one that was there previously, just aesthetically, like the railing makes it look like something for the backyard and not something for the front yard.

All right.

I think I'll try a motion.

We'll see how everybody feels.

Uh aesthetics aside, I would agree.

You could have a more um more decorative railing, but understanding that what is actually in front of us is the setback.

Um I would say having found the five criteria necessary to grant a dimensional variance, have been met.

Um, understanding that there are some exceptional circumstances, and um it at least as what we understand, there's no real absence to detriment uh no real detriment to the neighborhood.

No, I would feel maybe a little bit differently about something in that front setback if there were driveways that were entering off the street.

Um, but there's you know no real vision being blocked or anything here.

So I would move to approve this to run with the land I'll second board member St.

Arnold Bell.

Aye, board member Rocker.

I board member current.

I'm opposed Vice Chairman Samyski and Chairman Lomberg.

Hi, this call.

Thank you.

Thank you.

Okay, take care.

Next item, item number 14 6441 West Howard Avenue.

Request to add a light motor vehicle sales facility to the existing continuing non-conforming light motor vehicle repair sale.

Let's check and see if there's anyone online.

Um is there anyone online that would like to speak on 6441 West Howard Avenue?

I don't think so, but I just wanted to check.

Okay.

All right.

Uh so no one's online for this item.

Could you give us your names and mailing addresses, please?

My name is Zwalee Tulay, 10700 West of Grange Avenue, Wisconsin, 53130.

Yaakub Hamden 14300 Woodward Circle, Rookfield, Wisconsin, 5305.

And then could you both please raise your right hands?

Do you affirm under oath that the testimony you're about to give is the truth the truth, the whole truth, and nothing but the truth?

Yes.

All right.

Um just wanting to emphasize one of our conditions, or actually two of our conditions that no more than 30 vehicles are parked outside on the lot for any reason at any time, and that vehicles are not parked on the driveway approaches in the public right-of-way.

Otherwise, the three other conditions are standard conditions.

All right.

DNS, no additional comments.

V C D.

Nothing additional.

All right.

We have some correspondence from Alderman Brigalis in this file.

He just, I don't know if you guys have spoken with it, but he said no objection as long as there's no vehicles parked on where you can't park them anyway, grass or unpaved surfaces.

Um, or unregistered vehicles parked on public roads.

Board members?

It's a cool building.

Yeah, it's kind of a well done and well maintained.

So you own this property.

No, don't have the properties that is relative.

Oh what's the um you guys you guys are presently operating para facility?

There's a business partners.

And then is there a non-conformation?

There's no boza on that one.

I don't know.

This is just thank it right up next to you.

This doesn't seem like a problematic addition.

It's a it's a it's pretty reasonable expansion of the use, I think.

It's been here for a long time.

Yeah.

I would make motion to uh uh accepting this uh plan of operation as a special use, and I would make motion to approve it for a period of uh five years with any conditions in the hearing summary.

Second board member St.

Arnold Bell.

Aye, board member Rector.

I board member current.

Aye, Vice Chairman Samoyski, and Chairman Lumber.

I please ask is the understanding to repropriate conditions at all member gallus is your question as well.

Yes, is that great?

Okay, all right.

Thanks, guys.

Appreciate you, yes.

Thank you.

Okay, item number 15 161 South First Street request occupy a portion of the premises as an assembly hall.

Just checking that no one is online for this item again.

That's 161 South First Street.

Okay.

Could you give us your names and mailing addresses, please?

Uh Stephanie Lemke 835 East Sumner Street, Hartford, Wisconsin, 53027.

Thank you.

Uh Roberto Hill, 8445 South 116, Franklin, Wisconsin, 53132.

Thank you.

Could you both please raise your right hands?

And do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

I do, yes.

Nothing to add.

No additional comments.

Just to clarify, we actually have two conditions, one being the signage and the second one, which shows up on your sheet as kind of merged in the first one.

That's a error on my part.

But that second condition is that the petitioner obtain a public entertainment license and or any other licenses as required by the Milwaukee Code of Ordinances.

My understanding that they do plan to offer um entertainment uh entertainers of various sorts um at the facility.

Any issues with those conditions?

No.

Okay.

Board members' questions, concerns, comments.

But um, what is your like capacity for the space from uh talks with the um inspectors?

They don't they wouldn't give me a capacity until the inspection after this review.

Um they gave me an estimate of between 25 and 35.

So small venue.

Perfect.

Thank you.

So I don't know if this is like really critical when you're planning operation.

You still have it.

You don't know yet, but your plan of operation is estimating 30 to 50.

Do we need some type of I mean, there's a there's gonna be a limit based on the priority?

I don't think we need the supplemental order.

That's that's gonna be on your occupants.

It just gives me a sense of scale, but we're talking.

Right.

I mean, we could say you could have 200 people, or it doesn't mean you can because you have other occupants either.

That would be nice.

They're not gonna pay.

All right.

Anything else from board members?

Um having found that the criteria necessary to grant the special views have a motion to approve is for a period of three years with any conditions in the hearing summary.

Second board member St.

Ana Bell.

Board member current.

Oh sorry, I skipped board member Rocker.

I'm chairman Smith.

All right, and Chairman Romberg.

Thank you.

Thank you.

Item number 16, 3852, South 20th place.

Request to construct a sunroom edition that does not meet the required front setback.

Um does look like we have hello.

Hi, could you could you give us your name and mailing address, please?

Yes, ma'am.

My name is David Schnesky, and it's 3852 South 20th place here in Milwaukee, Wisconsin, 5322 1-1559.

Thank you.

And could you please raise your right hand?

It's raised.

Thank you.

And do you affirm under oath that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

So help me guard.

Thank you.

Yes, second person.

All right, DPW.

Nothing to add.

Yeah, Mr.

Chairman, we're gonna change our position to no objection.

Nothing additional.

David, this is for your mom, right?

Yes, sir.

It uh she's approaching 87 years old at this October 7th.

And uh, unfortunately, last not the previous 4th of July, but the uh a year ago, 4th of July.

Uh her and I live together.

I'm disabled.

I've had multiple back surgeries, and she's elderly, of course.

Should be yeah, she's seasoned, and uh my father passed away 24 years ago, and uh respectfully she was uh a housewife and a mother, and my dad took care of everything, so I moved in to help her, and so we kind of help each other.

She's legally blind.

Uh uh again, back to the 4th of July, she fell last year.

She's had cracks on, and the sidewalk was wet that morning, and she slipped and fractured her femur.

And so, because of that, it's kind of caused a little off balance in her because uh her stability and not her fear of walking because she fell.

And uh, she is legally blind.

Um she suffers from macular degeneration and uh is diagnosed, and she also had cataract surgery, but her levels are still high.

She's like 20 over 70 in one eye, and 20 over 200 in another, and her other eye.

And uh, so with all this, uh, we're trying to do this, I guess, on a hardship because I guess we were previously declined based on my understanding is that our request of putting a little sun porch on our current standing slab of concrete uh in the front of our house is that it was too small.

I don't understand that, but that's to my understanding, and uh I guess we're supposed to get go ahead.

I'm sorry.

Um, Mr.

David, Mr.

David, sorry.

I will not call me David.

That's fine.

Um I've I love this.

I love this for you, and I love this for your mom, and I would like to just approve it if that's okay with you.

Well, then you know what?

They say if you're winning, don't say nothing at all.

So um having found the five criteria necessary to grant a dimensional variance have been met based on the testimony provided today, the information in the file, and the technical review by staff.

I move to approve this to run with the land.

Second great well, all I can say is that I got to cry right now because we've been doing this for a whole year for our mother, and we want her to enjoy her remaining days is the way she wants to do it.

And I thank you all so much.

I thank you also very much.

The rest of my family will also thank you so much.

No problem, David.

We'll finish the vote.

I think you're gonna, I think you're gonna make it appreciate it.

Board member Stan Ronald.

Hi, board member Rucker.

I board member current.

I'll chairman Smyteski and Chairman Lombard.

All right.

All right, folks.

Thank you again.

God bless you and take care.

We'll see you then.

Bye.

Bye bye.

Never mind.

Yeah, yeah.

This is for her smoking board.

Is this for the signal?

Yeah.

Anyway, let's go.

Last one.

Or are we getting I'd have to turn the page to see that we need two more.

You guys are two more, but it's the same thing.

Um, so I'll call both of them.

So item number 17, 1026 East Leighton Avenue.

In conjunction with 1010 East Leighton Avenue, and this is an intensification.

And then um item number 18 is 1010 East Leighton Avenue.

And the request is to construct and add a light motor vehicle repair facility that does not meet the landscaping and screening requirements, and to continue occupying the premises as a light motor vehicle sales facility in conjunction with 1026 East Leighton Avenue.

Hi, and I don't let me check, but there's nobody online.

Uh, could you give us your names and mailing addresses, please?

Nabiel Alpha Hill, 5948 Stephanie Way, Caledonia, Wisconsin 53108.

Mohosaid 5251 West Burn Street, Franklin, Wisconsin, 53132.

Thank you.

Please raise your right hands.

You affirm under both that the testimony you're about to give is the truth, the whole truth, and nothing but the truth.

Yes.

Thank you.

ABW.

Okay, just wanting to emphasize the first condition for both uh properties that no more than 121 vehicles are parked outside on the lot for any reason at any time.

No, the number of vehicles is for both 1010 and 1026 East Leighton Avenue.

Yes, no additional comments.

DCD.

Uh it was indicated that they're seeking a variance uh to waive the full landscaping requirements.

Uh as best as I can tell, basically uh the code would uh today would require the uh ornamental fence uh for a parking uh planting strip of this size.

However, this site was developed uh um several years ago before we had the ornamental fence requirement in this district.

So it was developed before it we had that requirement.

Um here.

So we uh for that reason I don't have any objection to that, but you know, they are providing landscaping.

Um Mr.

Chair, maybe also just add um Alderman Spiker does have an email on the file.

Um and he did send another email just asking to reiterate that for the record, um, that he would like those um that agreement to be incorporated into the condition.

I did see that, and I guess my just looking at it.

The initial comments was asking for upgraded landscaping, which I believe you guys corresponded further, and he's asking that.

I think that my my read on that, and correct me if I'm wrong, is that that's the accepted upgrading landscaping plan that he's discussed.

Uh I I've yeah, but you still need to find do they still need to file one with run one by DCDA.

Well, I I'm a little bit confused by uh exactly what the alderman was requesting because I didn't see anything specific.

I believe he does want to see more perennials and whatnot.

And we might be able to modify the landscaping condition that I have in there to also include uh pre-annuals.

I should um re I should um clarify what I said.

They they would they did have an email discussion, it wasn't an actual plan.

No, no, but he wants that to be incorporated.

So whatever they um if I guess if there's if I guess what you're gonna end up having to do if is revise because there's a plan submitted on May 8th.

Probably what the best way to do this is for them to revise it to incorporate the new additions and ultimate strikers requesting and then re just file it with the email.

He requested me to put some more overflow plants and I agreed to it, but I told him it's too late in the season right now to put some that's up because it's all gonna die.

I agreed with him to uh basically once the new season comes, I'll just put them in.

So I think that I don't know, it is it would be helpful if they are on the plan right so that you know as the years go by if things change that uh an inspector could kind of monitor that.

That was a last minute thing that he sent me an email and requested, and I said I have no problem with it.

I think it looks pretty that way.

I think there's no issues at all.

Just instead of it, so it doesn't get lost in the shuffle, just revise the landscaping plan that was submitted on May 8th to incorporate those perennials, just submitted to the Bozo.

Can I ask a question?

Yeah, the plans you guys have dated uh what uh what's the date on these plans?

I know submitted on the eighth, but what's the date?

Maybe Jordan's asking that the landscaping be maintained in accordance with that plan.

However, based on your additional emailings and correspondence with ultimate spiker, we're just suggesting or uh probably gonna make it a condition that you update that May 8th plan to incorporate what's in the email what you've agreed to so that there's on file landscaping plan, and then I think what we will well ed's condition would have to basically say you know, be maintained in according according to revised plan to be submitted to the BOSA office.

Uh, do we need a timeline on that?

Do you think uh I mean I know it's gonna be for next planting season essentially.

Yeah, well, I think we've already got you know the conditions with with the other stuff there.

So um you know, I think just since you've already got it and it's just a matter of modifying it, I'd say within 60 days, just send that you send the new revised plan, which is adding in the perennials and things to the May 8th plan.

So send that to the office, and then that's that's what will be on file.

So then years down the road, that's what's the expectation that'll be a problem.

And I but I don't I don't think anyone has any uh well, I shouldn't speak about uh on a turn, but does anyone else have any concerns with that the landscaping agreement?

Uh installation installation, oh and it it has to be installed at some point, and so we need some kind of a window for that installation so that we can April next year he wants perennial if you put them in right now too late for not exactly true.

Can plant perennials in fall, it's not exactly true.

Um not when they see I asked Chat GPT, Chat GPT said best time to get best thing out of those is put them in April, but I agreed with him.

I told him next you will be planting by April, so it'll be nice unfold by the summer.

As a professional, I will advise you not to plant perennials in April because that's a little bit too early.

We can still get freezing temperature and snow.

Typically, when I do planting plans, I have a window of May 15th through September 15th as the planting time.

Yeah, thank you.

Which means that you can still plant this fall.

Yes, and then they'll be beautiful and full by next spring.

No problem.

Well, landscaper, landscape, I think what's your requested condition.

Yeah, you want to take these separately probably easier actually.

Um let's do uh 1026 he's written first of special use.

Um having found it the criteria necessary to grant the special use heaven that based on the evidence in the file testimony received.

I would make motion to approve this for a period of 10 years with any conditions in the uh summary, and then do you have that and you have that language and uh plan and then do you want an installation on that fall fall installation?

Yes, I would and you know the additional landscape uh uh conditions or agreements would actually be planted this fall.

Can we get kind of a date?

Um September 30th.

Yeah, that's in the line.

But we are gonna add to the existing landscaping ads on the plan because by the airport we cannot put anything extra.

on that the fall fall is yes i would and yeah the additional landscape uh uh conditions or agreements would actually be planted this fall can we get kind of a date um september 30th yeah that's i'll second but we are gonna add to the existing landscape that's on the plan because by the airport we cannot put anything extra so basically we're gonna just add them to the front and uh the west I think street frontage yes well the plan would have to be approved by you anyway okay i'm sorry who seconded it thank you all right all right board member stern bell aye board member rocker aye board member current aye vice chairman smysky all right and chairman lomberg aye all right next one um ten east leighton uh i would make motion to approve both the dimensional variance and the special use and i would make motion to approve that for also a period of uh 10 years with any conditions in the hearing summary including then any landscape improvements to be uh put in place by september 30th of this year same requirement to submit the approved yes which will be approved it's just adding to it already right yes sir okay all right so is there a second i'll take this one second okay that was jennifer correct i got that done board member st arm though aye board member rocker aye board member current aye vice chairman smysky all right and chairman lomber aye all right well yeah you guys too thank you appreciate have a good one it's just so fun let's do it next week is there I turned i'll second all right is that is that unanimous amongst the same i think yes