We have April 23rd to session.

Great.

First order of business is to approve the minutes from the December 18th, 2025 meeting.

I was in Tokyo.

Is there a motion to approve the minutes?

Motion.

Second.

All those in favor?

Great.

Okay.

Minutes are adopted.

The board will now conduct the public hearing on today's agenda.

First, the applicant or applicant's representative will state the reasons for the requested variants and present any material or documentation which is to be considered regarding the proposal.

Next, persons wishing to speak in favor of the proposal will be given the opportunity to address the board.

Then persons who wish to speak in opposition will be allowed to address the board.

Finally, the applicant or representative will be given the option to make any closing arguments or comments to the board.

Following the public hearings this afternoon, the board may make a decision on each application heard.

The board may also decide to hold this decision until the next public hearing.

If the hearing is closed, no additional information will be allowed into the record except for information that the board may request.

That information will be available for public review at the zoning office in one park place, 300 South State Street.

Will staff introduce the first application, please.

First up is a use variance V-2026-3 to establish six apartment units on the first floor of an existing story structure at 338 East Onadoga Street in the MX5 Zone District, uh represented by Joe Perano of N Architects.

Hi there.

Good afternoon.

How are you doing?

My name is Joe Perrino.

I'm with InArchitects.

We're at 239 Eastwater Street.

And I'm here representing the current owners of the property as well as a client, our client and future owner who's uh High Tide Capital.

Uh with me today is Christine Stevens and um from VIP structures, and I'd like to introduce Christine.

She just wants to say a few words uh about the relationship.

Okay, great.

Hello to everybody.

Um just really quickly the clients your name and your addressine.

Christine Stevens, VIP structures 101 North Salina Street.

Um VIP structures is currently the construction manager for these clients on their other project, which we're imminently completing, which is at 250 Harrison Street where Alan Angus pub is opposite the Tech Garden Inspire.

Um the clients wine removed from the record, she called it the tech garden.

No, I know formerly known as a symbol.

Like Prince.

Sophisticated developers, they specialize in mixed-use historic tax credit projects.

They've got projects in Maine, New York, Connecticut, and North Carolina.

This is their second project in New York State and their second project in the city of Syracuse, like I said, because we're wrapping up 250 Harrison Street.

They are based in California, Florida, and Brooklyn, and the clients were unable to be here personally.

But we wanted to keep the schedule going and get the meeting.

Okay.

Have done a marvelous job on 250 Harrison Street, have spent time with the former mayor, the current mayor when she was the mayoral candidate, the county executive.

They're really committed to this marketplace.

They're very sophisticated developers, they're very good at what they do, they understand market, they understand finance, they have investors, and they really are very excited about this next potential project in our in our town.

Um VAP structures will be the construction manager again for the second project.

Last time the architecture and engineering firms were from out of town.

This time the architecture and engineering firms are local.

Um also here is Matt Funichello, who is with JF Real Estate, a local firm.

He's got the leasing and property management for 250 Harrison Street, and he's the broker representing the buyers in the acquisition of the subject property.

And I believe behind me to my left are the sellers of the building.

So we're all here in tremendous support of this project and hope that the application will be reviewed favorably by the board.

Thank you.

Thanks, Christine.

Thank you, Christine.

Um, the Monroe building at uh three three three East on Adagastree is a mid-20th century commercial office building that was construction in 1968.

Um is designed by local architect uh Gordon Schauffer for the Monroe Abstract Entitle Company.

Uh the modernist style building has a irregular shape footprint, as you can see.

It's a very unique and it's part of the um the it's a contributing resource with the uh Montgomery Street Columbus Circle Historic District.

Uh the project is the change of use of the building from an office building to a 46 unit apartment building with 12 one bedroom and 34 studio units.

We plan to keep uh the two front bays on the ground floor as commercial um or that first 31 feet, as you can see on in the drawing there.

That dark shade on the bottom is what we plan to keep as commercial.

But what we would like to do is change from uh that 31 feet back, we'd like to uh put residential units there, and that's why we're here today is for those uh beyond the 31 feet.

Uh, this property zone MX5, which is established for the central business district district to provide the highest density, transit supported residential development with maximum heights and minimum parking and the greatest range of use.

Um the building was built as an office building, but like a lot of the buildings downtown, um, the commercial space, there's a high vacancy rate.

Um, and we agree that the space along East Onadaga Street uh should remain commercial.

We we don't want to change that ever to residential.

Um given the the site, it's very difficult to have commercial beyond that space because it it's really it would be hard to rent that space beyond that.

Uh the project, if approved today, will be historic preservation tax credit.

Um, and the new owners have submitted a part one certificate certification application with the national parks and SHIPO.

We presented the project this morning to the landmark preservation board, and uh we didn't have to have their their approval wasn't required, but we did get their approval of the project.

They they love the project.

Um so we are asking the board for a use variance for the ground floor space beyond the 31 feet to allow to be residential space.

Um allowing the ground floor residential units is essential to the project because of the unique site condition and these circumstances satisfy all four of the standards of proof required for a use variance approval.

The first one is a reasonable return.

The Monroe building cannot generate a reasonable return if required to fill the entire ground floor with the commercial tenant.

High tide capital has provided you with a financial analysis, and as you can see with the commercial tenants on the first floor, the performer only yields a negative 5% on the project, eliminating any basis of construction financing.

No bank will finance a negative return, as you know.

But with the residential variance variants that we're hoping to get today, uh the residential uses on the ground floor as proposed will yield a plus 15% return.

Simply put, without the additional revenue per square foot generated by the residential units, the project does not pencil out.

Um this is partially caused by a very high amount of environmental remediation, which is an unavoidable cost.

Uh, we had paradigm environmental services perform a hazardous material survey.

Um, and back in January 2025, and nearly everything that can be asbestos in this building is asbestos.

It was you know, it was it was I've never seen it like that.

Everything was hot, everything was hot.

Um, so the direct environmental remediation cost before a single unit is built is six hundred and thirty thousand dollars.

Um, and the cost is a real cost from a formal competitive quote uh from lion contracting.

It's not an estimate.

It was quoted, it was bid, it was quoted, and they are they're the low bit.

So the hardship faced by the property are unique and arise from the the second one, sorry, skip that is the unique hardship.

Uh the hardship faces is really the property um shape and size.

There's only very little uh site left.

There's only 10 feet from the building to the property line on the south end, and um it's really not viable to put commercial space back there.

It's not can't be a retail, can't be, and it would really would would hurt for that um for us to force that to be um commercial space.

Uh the third one is the use variants will not alter the character of the neighborhood.

So we are planning on keeping the building facade exactly the way it is.

We are gonna clean up the building.

So there's two facades here that are brick and precast concrete.

The north side is the basketball mural.

You all you've seen the basketball or not, we're not gonna touch that.

Um and then on the back is the um I don't know if you have a picture of the of the rear.

Oh sorry, but the back is is painted concrete block, and it faces Montgomery Street.

There's a parking lot there.

Um and you could see that, yeah, right on the left there.

That's the existing facade, and it's kind of a reddish painted um CMU.

And um, so that is pretty much gonna stay the same.

We are gonna add some windows on the in that back corner.

Um I'll show you back here.

This facade.

So that's where we're gonna be adding windows.

And the planning board was fine with that, or the uh landmark preservation board was fine with that.

So we're really not changing the character of the neighborhood at all.

Uh the hard the fourth is a hardship is not self-created.

So high type capital did not create any of these conditions.

Um they're just trying to invest in downtown Syracuse as they did in 250 Harrison Street, and to take a mostly vacant building and to change it into a vibrant occupant occupied building uh and to help with the current housing crisis that we are going through with Niss City and across the nation.

Uh so we ask that you approve this use variance so we can keep this building viable for the next many decades.

Thank you.

Uh questions from the board.

I just want to note I have to recuse myself from the project.

Is there a fence going?

Yes.

Um, so right now our uh we don't have our site engineer with us, uh Nathan uh from uh Vincent's uh from KFA.

So uh right now I can show you this is not a site plan, but a uh fence will start a double gate, and then the fence will go and follow the property line all the way around.

Um so we have to keep this area clear because this is one of our exits.

Uh so there's an existing guardrail right now that's uh that's on our property that's actually only on the county that's on the property.

So we're gonna remove that and we're gonna put that fence right on the property line that'll extend all the way down.

The fence is gonna be a broad iron fence.

It'll match the fence that is currently not in the picture, but it's currently on the back map building.

So broad iron picket fence that's uh will have a lot of open air so that you can see through.

We originally had um it was like a uh it was almost like a stockade fence that uh you couldn't see through, but after when we talked to zoning and we walked through with Noah and the building, he had said that you know we really should have this so that you can see through there so nobody's hiding in there.

And so we we took that advice and we when we changed um we changed the fence.

Yeah, and is the county the county is on board with the fence there to since you're right on the property line.

So we will be going through site plan approval.

Um that's if we can get this variance, that's our next step, and that'll be next month.

Um so we are staying on our property, so um, and we're gonna make the situation better.

We're gonna we're gonna prevent people from right now, they cut through the process.

That was my question, yeah.

Like there's a small gap between the library and your fence.

And I was just wondering how you're well, we can't it's not your property area, but creating a condition.

We can't stop that because that's like you said, that's a county property.

Um, but we want to uh put that fence all the way around and connect it to the building and go all the way around just to maintain so that we can keep our egress clear out of that back door.

Um so we don't have any control over that, but we're trying because right now people kind of just cut through and they just walk down that that paved area and that concrete area, and there's a lot of times there's uh you know there could be homeless uh unhoused people that are in that uh in that back area.

So we we want to keep that secure for our residents.

You know, that's what was I was just wondering if that's gonna make the situation better or worse for in terms of encampments in that back.

Well, we are we will plan on putting some curity cameras and things back there, but um, you know, at first I was thinking no, we want to have it uh solid, but after talking to Noah, and um we thought that it would be best if it was open so that it didn't have uh so people you know you could see who's there, you know.

Jake, does the site plan review get referred referred to the fire department?

I'm curious if they have any thoughts on the Yeah, so there, and then there's actually some stuff in the code about creating like these debt areas and areas that can't be viewed.

Um and speaking just from experience with police department, like they're gonna want open view too.

Um you know, for a crime prevention through environmental design, this is probably a best practice.

So if you're looking at it from those viewpoints, but yes, um there we do work with the fire department on barriers like this to make sure that we're not creating dangerous areas.

But to to elaborate on what um Joe is saying is we have to provide egress to the public way um by code.

So what he's saying is if there's an exit there, we have to provide a designated area to get them out to the public right away.

So this fence is gonna establish that, move the guardrail off their property line.

The county site that their parking area will still be open and viewable from Montgomery, and I can't imagine it's gonna function any different other than you're not gonna see a guardrail, you'll see a wrought iron gate, which you can see through, but it'll maintain this legal egress path out to the public way for tenants exiting out of that back corner.

Any other questions from the board?

Um just one more.

The I think the app this might be um the acronym is escaping me, but like the service uh yes, CR.

I think the application uh states that the threshold is 1.3.

Um is that based on like lender feedback specific to this project, or is that just a standard question from the board?

No.

Okay, thank you.

Uh anybody else who would like to speak in favor of the application.

Great.

Anybody who wishes to speak against the application.

Okay.

I am gonna call that public hearing closed.

So we should do seeker next and then go from there.

Um has everyone had an opportunity to review the EF part one prepared by the applicant and contain in your packet?

Yes, yes.

Has everyone had an opportunity to review the EAF part two prepared by staff and contained in your packet?

Yes.

Does anyone believe that the proposed action will have a moderate to large impact under CECRA?

No, no.

Having determined that the proposed action will not have a moderate large impact, I recommend that the commission make a negative declaration and prepare the EAF part three accordingly.

I have a motion on the negative declaration.

Right?

Yep, motion for negative declaration.

I move.

Second.

All those in favor of the neg deck.

All right, so moving forward.

Um I think Joe did a great job going through the criteria, but the board should go through that, make findings effect, kind of check the boxes, and then somebody can make a motion.

And if you choose, um, take it to a vote.

Would anybody like to make a motion on this application?

I'll move to approve the application for a use variance at 333 East on Andaga Street.

Uh going through the four criteria that you should wait for a second before she does out.

Um I don't know that you have to.

But uh we got a second.

Caitlin, will you take us through the standard of proof, please?

Thank you.

The applicant has done a great job of showing that there will be they cannot achieve a reasonable return on investment without this use variance.

I appreciate you showing your math.

Thank you.

Not all applicants do that.

Um, but you've shown that there won't be a sufficient uh debt service coverage without it.

Um the unique circumstances, this is certainly a unique building.

Um it is unusual to have such a narrow street frontage downtown.

Um neighborhood character, you won't really be changing anything about the neighborhood character uh whatsoever, there won't be any significant exterior changes and self-created hardship.

And self-created hardship, it is certainly not uh self-created that the market for office space has significantly changed downtown since this property was built.

Anything to add again?

No.

Okay.

Uh all those Can you amend the motion to include um if you choose the recommended uh conditions on page 10 of your packet?

There are seven of them.

Um if you choose to just read them into the record.

Yes, um, I would like to amend my motion to uh recommend that this be approved subject to the recommended conditions from the staff.

Uh one that the applicant shall comply with the comments and recommendations of the Onodaka County Planning Board as incorporated into the companion major site plan review.

Uh that curbing and landscaping within the front setback shall be installed to prevent vehicles from entering and parking within the public sidewalk area.

Snow storage shall be maintained on site in the designated area and shall not encroach into the public right-of-way or adjacent properties.

The applicant shall coordinate with uh Onadaga County Department of Water Environment and Protection Flow Control Division for any infrastructure related to land disturbance within the county easement uh and include county owned infrastructure must be on the related plans.

The proposed use variants only grants six ground floor residential units as proposed.

Uh the applicant shall submit an additional variance application if they intend to convert the front commercial space in the future.

The attached site plans and floor plans shall be revised to be consistent with the approved major site plan review um after the uh prior to the issuance of any permits.

And any commercial uses proposed in the front commercial space will require site plan review prior to occupancy.

All those in favor of the amended resolution.

Aye.

Any opposed?

One abstention.

Also for the uh purpose of the minutes, uh for the seeker, there is also uh you know, he cookies himself as well.

So just to have on the record.

Thank you.

All right.

Uh staff introduced the next application.

Next is another use variance, uh V-2026 7 to establish and maintain an automobile repair heavy land use type at 2156, Erie Boulevard East.

Owner Marla Cohen, applicant Ryan Cohen.

This is in the MX2 zone district.

Oh, also be recusing myself from this.

I don't know.

We run a tight ship.

Hi, Christian Freeman of Keplinger Freeman Associates.

Uh our offices are located at 6320 Fly Road.

Um here representing Marla as the owner, Ryan as the applicant slash manager.

And um colloquially, this project to us is known as Fred's at 2156 Erie Boulevard.

Um so I'm gonna go through this piecemeal, but I think I'll start at 500 feet and kind of stay out there just to start.

So on the existing property, as you could see, um, it has sort of an industrial flair to the site.

Um this project site has been home to an auto mechanic use um as early as 1964, which represents a time that's older than my parents.

So we're getting into a little bit of history here.

Um the building has not been rented the entire time, but it um so there's been lapsing in the tenants, but that use has been on this site as early as 1964.

So um I think that speaks to a little bit of what we're after here.

So we're requesting that the proposed use of the heavy auto or um I guess you could call it auto body shop, um, that use be granted to the space indicated in our submitted plans.

And um I can go through the the uses, but I think it's also important to note that this is an existing building over those years since 1964 has been characterized and amended to work with this use.

So we have things like drive-in and roll up doors, we have shelving and all kinds of attachments and and appurtenances within the building that are specific to this auto use.

Um I think uh maybe I shouldn't disclose this, but Ryan and I had a dream of rethinking this building in a way that was more true to an MX2.

Um and he penciled it out, and um, I'll let Ryan talk money, but uh this the significant cost versus what you would get out of amending a building that's highly specialized and historically sort of rooted in this auto use was a challenge and just not in the cards fiscally for um Ryan and Marla.

I can um begin to go through the description of the proposed use.

I guess I'll just highlight.

So it operates a professional and auto body repair and finishing shop.

What's interesting to me is while this building has a history of vacancies.

Um Marlon, Ryan.

I'm sorry, it's been occupied the whole like since 1964, it's been occupied.

There was never a lapse in occupation.

Oh, I thought the I thought the auto use was.

No, Ryan, would you mind just uh sorry?

Would you mind just introducing yourself and your address and then you guys can talk?

But then you're in the record.

Okay, sure.

Ryan Cohen, 8011 Summerview Drive in Fayetteville.

Um my parents bought the building from Fred, who has been there since 1964.

And in the space that we're applying for the variants, Fred has been using it for an auto-body auto repair shop.

And I submitted with it his historic records from the DMV that he has a valid um auto body repair license.

And when my parents bought it, Fred was in financial hardships, and uh my parents, my dad was friends with Fred, and um so when we bought it, I tried to lease it as you know, for the MX2 approved tenants.

I tried very, very hard.

Uh did a lot of cold calling signage, all this, you know, talking to real estate agents.

Um I found um AR customs, a tenant, and I think it's best suited because it was an existing, it was already being used that way.

So Fred just moved into a smaller portion of the building.

Um you think Fred is?

Yeah.

He's he's he's still he's still working, but he reduced the size of his business a lot.

And we found another local business to take the space and continue the use.

Um and now I think I'm rambling.

Well, I guess where I was going with this is portions of the building have been used or not used, but what Ryan has done now is he he's created a plan for this building to be fully leased, um, which I think represents a win for uh a site that's a little bit difficult to do so with.

Um so I'll go through the the reasonable return.

We sort of touched on this.

Um, despite our efforts to really comply to the MX2 and be in the heart of the code.

Um, it just wasn't really financially feasible.

If you have questions on that, I'll defer to Ryan.

Um unique circumstances.

Um this is a unique sort of situation because the use and the nature and the design of the building and how it was, you know, amended over time was previous to the MX2 code, obviously.

So you know, that's kind of the unique circumstance I would highlight.

Um, just high level here, additional bathrooms, HVAC systems, new lighting, closing up garage doors, moving walls around, all these things would be required to reallocate and be in the in the heart and spirit of MX2.

Um, so for those reasons, we'd love to continue the the use that's there now.

And then neighborhood character, um, speaking for 500 feet again.

I think what's most important here is having a building like this full and leased and tenanted.

And um, you know, if you look at some of the surrounding areas, there's light industrial commercial uses that are similar, even other auto body shops nearby.

However, also mixed in with those are some abandoned and you know, long abandoned and derelict properties.

So I think the goal that I would like the board to maybe back us on a little bit is to keep it keep it full.

That's that's better than empty, that's better than derelict.

And Ryan's gonna you know get these tenants in and liven the space up.

Um so that's neighborhood character, and then self-created.

Um, I guess this is not self-created because the the use has been there, it's been continuous there, and the code kind of followed that.

At least that's that's where we got it from our house.

Anything else?

I think I'm good.

You got do you got anything, Ryan?

Marla.

Um, well, we called we called the zoning office when we when we placed these tenants in 2021, and they told us that it was an approved use.

So that's you know, we we thought we were within the right zoning.

At the time, yeah, at the time, so this was prior to rezone, obviously, that conversation.

Uh new zoning code was adopted in July of 2023, um, which created sort of uh the condition and and why they're here today.

So just for some additional background and context, um thinking back, and I you know, I wasn't directly involved at the time, like maybe this could have been zoned commercial.

Um, you know, could go either way with it, I suppose, but it's very possible that it could have.

And we're about to pass out a oned dog county planning board comment as well.

Um essentially, like that's their suggestion.

Like they don't have a position per se, but they have a comment where they're just saying, you know, potentially there's other alternatives.

Um we don't necessarily agree with that as professional staff that we should rezone it.

Um because we believe you know, to the to their point and their testimony, like there has been automotor uh shop repair here for 20 plus years or longer.

Um the process of this variance procedure would allow specific the specific use to continue, uh, which staff uh has reviewed and and uh agrees that it's reasonable, and it also allows this board to include any site-related design requirements or conditions um that could potentially be relevant in a commercial zone district.

You know, uh I state that in saying like in lieu of doing a rezoning, which a rezoning would really could draw questions about creep and potentially spot zoning as well.

Um and I don't really want to go backwards.

We're looking to go forward with what's there, what's been operating there for years, uh, make sure that's appropriate um and improve the site and um go from there.

So hopefully that helps answer um or give some context to this comment and the history of this site.

Uh super helpful, thank you.

And this was just yesterday that they met.

So yeah, so we're that's why we're passing them out to you now.

Uh fresh off the printer.

But uh, if you read the comment at the end, um I think I spoke to most of it, but if there's any questions, happy to go through it further.

Okay.

Uh any questions from the board for the applicants.

No questions of is this at on the edge of the MS2 district?

Like it's commercial adjacent.

Do we have a map in the I was just sure it's like 59.

So the red is MX commercial and the blue is MX2.

Yeah, so that's what I meant by like, you know, maybe looking back when the map was adopted, like potentially could this have been looked at and said, you know, let's make this commercial too.

Um, you know, creating a whole new zoning map for a city of 42,000 parcels with that's completely built out and really old is is very challenging.

So I think you could go either way with it, but I think the the variance kind of grandfathers if it's approved, um, it would grandfather the use that's already been there.

Um, and you can set similar conditions if you choose.

If there's anything, you know, from a commercial zone district that you want to implement into this, we can always add it as a condition.

But um generally speaking, I think our our staff review kind of covers uh most of that.

And there are companion, like they're gonna need site plan review and all that as well.

So there's there's other is this before us today because you don't believe it is grandfathered.

Um because it's I think it's like a different, it's almost like establishing a different tenant too, because things have moved around within the site and it's changed.

Um I mean, Nate or Noah, do you have anything to add to that?

Correct.

Go ahead.

Yeah, you can go to the mic.

The reviewers are a little bit more intimate to the just a little clarification.

The fresh bots, it's actually more for automobile sales, and clearly they're proposing proposing the tenants for auto uh repair heavy.

So actually two different land use type than for the record and thing we need to actually um establish this undocumented um land use.

Wow, the uh the fatest sports do the BTR's legal nonconforming, which is the grandfather use.

So it was previously automobile sales.

There were multiple uses.

So he had um Freddy.

Oh, yeah, sorry.

Um so Fred was doing automobile sales in part of the building and repairs in another part of the building and kind of retail in another part of the building.

Um so the part of the building that we're asking for a variance for was the part that he was using for repair.

So a lot of times uh historically, we don't have records that substantiate that.

A lot of times, like and I'll just be honest, some people will come to me similar to what you just said a few minutes ago and say, Well, the zoning staff in 2015 said we were on the phone.

I don't remember the lady's name.

She said we were we were good, we were legal, and it's kind of yeah, yeah, yeah.

Okay.

Yeah.

Sorry.

No, no, no.

No, no, no, you're not.

I'm just trying to explain the situation.

Like, I think what this does is it it puts it on the record, and it allows it to show that, like, hey, we went through the process, and here are the conditions for approval, and and it'll create a resolution that will forever be able to be found and and documented to we appreciate your thoroughness.

Yeah, yeah.

Marlick Cohen 5201 Hog Lane Fayetteville.

So Fred did have repair, whatever you call it for the whole building.

He he took up the whole building.

And he kind of did everything all over the building.

But the specific area where we're talking about was the main part because that's it has the high garage doors and the high ceiling and concrete floors and everything.

That was the main part.

But his licenses that he did have for repair shop covered the whole building from 19 whatever 64.

I mean it's been there a long time.

Okay, thank you.

Any other questions from the board?

I guess a question for staff.

So you don't know with rezone.

Was there a vision for this whole MX2 area that included residential in the future?

Um I can't really speak to the origins of like the planning kind of hopes and wishes of it, but I think anybody that knows Erie Boulevard well knows like that we want to see investment, we want to see reinvestment to existing structures, we want to see new structures.

So I think it was a combination of that.

Uh you know, we had like initially in the code we had like a two-story minimum, um, but that's also something that we looked at for like existing structures that became a challenge of people that just want to remodel an existing structure that doesn't meet that.

So like we put some provisions in to adjust that.

So yeah, I don't know if that answers your question, but um I don't really know.

Okay.

Anything else?

Great.

Uh thank you all.

Uh anybody else who wishes to speak in favor of the application?

She said to the empty room.

Anybody who wishes to speak against the application.

All right.

I am gonna call that public hearing closed.

Jake.

You wish to turn to seeker.

I would love to talk about it.

Here we go.

Has everyone had an opportunity to review the EF part one prepared by the applicant and containing your packet?

Yes, yes.

Has everyone had an opportunity to review the EAF part two prepared by staff and containing your packet?

Yes.

Does anyone believe that the proposed action will have a moderate large impact under CECRA?

No, no.

Um sorry, I just swiped off my um having determined that the proposed action will not have a moderate to large impact.

I recommend that the commission or the board make a negative declaration uh and prepare the EAF part three accordingly.

Uh can I get a motion for a negative declaration?

Or a motion on Seeker.

I don't need to tell you what what your motion should be.

A motion for negative declaration.

Okay.

Second.

Um all those in favor?

Aye.

Aye.

Uh against it this time.

Uh okay.

Uh I will now take a motion uh on the application.

Which number is escaping me right now because I've lost all my stuff.

Uh V267, 2026-7.

You got a lot of reading to do, so think hard about long and hard.

Motion to approve.

Um do I wait?

I forgot what we decided.

We're gonna take a second, then you can go through it.

Okay.

Will you uh take us through?

Uh as far as reasonable return, I think um the application and the presentation uh addressed um difficulties they would have uh in as opposed to um uh the stable and annual revenue that they would um able to occur if they continue with use uh unique circumstances.

I think uh the way in which the property was originally designed um and the way it's been operating for all of this time, and including uh 2021 zoning uh with neighborhood character.

Um I think the neighborhood character would remain the same because this has been a part of the neighborhood's character for all this time.

Um, as far as the self-created difficulty, I think really pretty similar to unique circumstances as far as the design of the property um and the way that's been being used.

Um understanding legally all over all this time.

Caitlin, anything to add.

Should I please?

Okay.

Right there.

Okay, thank you.

So I will just amend my motion to my motion, not my motion.

To include the staff recommendations to approve conditional upon the staff recommendations that the applicant shall comply with the general conditions for approval and the variance application.

That the applicant shall comply with the comments and recommendations of the Anadaga County Planning Board as incorporated into the companion major site plan.

All painting and repairing shall be limited inside the building.

Outdoor activities are not allowed except for accessory parking within the side or rear setback.

No parking shall be located within the front setback.

The proposed use variants only grants the automobile repair heavy in the east tenant space per the attached floor plan.

And finally, that the attached site and floor plans shall be revised to be consistent with the approved major site plan prior to issuance of any permits.

Great.

Thank you.

Having done all that, all those in favor.

Aye.

Against one abstention.

Alright.

Motion carries.

I will take a motion to adjourn.

So moved.

Second.

All those in favor.

Aye.

Great.

Thank you.

I'm glad you moved closer now.

No, that's okay.

I'm drawing.