back. I will get her [Music] diagnosed for the pledge of allegiance. Please aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and
justice for all. Good evening everyone. This is the May 20, 2025 meeting of the AR city municipal range board in compliance with the open public meetings act adequate notice of this meeting was provided by
posting on the city hall board and by notification through our newspaper of record and I ask the secretary please make this announcement part of the public record. Yes. And if you would roll call please. Mr. Bar here. Mr. Peterson here. Mr.
Walker here. Mr. McKenna here. Mrs. Torres here. Mr. Frick here. Mr. Mulleno here. Mr. Dennis present. Rachel Bolaf here. Ryan McGau here. And secretary here.
Thank you, Donna. We have minutes of uh April 15 meeting. Second. All in favor, please say I. I. I. Motion carry. Thank you. Resolution resolutions. No
resolutions. Uh new business application 202503 Victory Free LLC 257259 Philadelphia Avenue for variance relief and conditional use approval. And I believe we have a a
uh refusal with the step down the building next door. George has a conflict the main property on. Okay. Decker 3 LLC. Yes, please. Good evening everyone. My name is
Samaridal. representing the interests of Dicker 3 LLC on this variance application. Um, as you are familiar, this is a DVR application for 257 259 Philadelphia Avenue. The subject property is a brick faced uh building
with siding on the side with as of right now. Two commercial units on the bottom and two residential units on the bottom. There is one commercial tenant in the right side of the building that has glass windows in front of it. That's a barber shop. The lower left side of the building is the reason we're here today.
It's been a vacant commercial space coming up almost three years. Um it is brick based. There are no um windows supporting looking into the storefront or commercial space unit. It just has one door and two small windows. Um there's two components to this var this
variance application. The first one is that all residential units in Harper City need to be at least 2 ft above the sidewalk line. Um clearly we would ask for a variance for that relief. The second part is that this is located in the RC zone. The RC zone is zoned both
residentially and commercially. When it comes to these types of buildings in accordance with your bylaws, only residential units can be upstairs and only commercial units can be downstairs. This is in your section one uh subsection 3 downtown business district
as well as your section two in your land use plan. And according to this application, my client finds that there are various positive criteria that are being met by this application. Um the municipal land use law enumerates various reasons in order to you know delineate from the
bylaws or zoning ordinances of the municipality. Specifically in this instance subsections A, C, E, H, I, and K under the positive criteria would be meet. I will happily read them. I will try to read them quickly. I have tendency to speak a little too quickly.
You want me to slow down? Just please just let me know. A is to encourage municipal action to guide the appropriate use or development of all lands in the state in the matter to promote public health, safety, morals, and general welfare. Subsection C is to provide adequate light, air, and open space. E is to promote the establishment
of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities, and regions and preservation of the environment. H to encourage location design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities
and routes which will result in congestion of light. I to promote a desirable visual environment through creative development techniques and good civic design and arrangement. K to encourage planned unit development which incorporate the best features of design and relate the type design and layout of residential, commercial, industrial and
recreational development to the particular site. To alter one downstairs unit into a residential space when the building only has four units promotes the health, safety, and general welfare of the public. This would limit the amount of traffic, street parking, and people coming and going within the actual space throughout the daytime.
Unlike other commercial businesses, depending on the hours, come and go as ease. Having a family or permanent occupants in units limits the chance of safety issues and promotes general welfare in the area. It can reduce the amount of conflict, any type of petty um theft, crime, so on and so forth. that's
common in a lot of commercial spaces. This building is situated towards the end of what I like to call the central commercial district of Philadelphia Avenue. Um the property starting on the block next to this building. There's the Verizon building and then there's rows of single family dwellings. Um this
conversion would allow for other occupants much like those in the single family homes to now reside closer to the central businesses on the actual avenue. The unit in question for alteration has a brick face and a door unlike its neighboring commercial space as I stated earlier that has open windows so you could see inside of the actual business.
The visual aesthetic of the building will not be altered at all. The building will remain in the way as it has been for some time much prior to when my client actually purchased the building. This is no impact on the visual environment or air or light. No looking for an addition third floor anything of that nature. The building is going to be
situated as it lies today. Um there is a great undue hardship to the owner at this time. The unit has remained vacant for about three and a half years. Um the last tenant left in January, I believe, of 2022. Um which contributes to a loss of revenue of approximately
$30,000. Um the rent has been lowered to accommodate and try to attract other businesses to try to rent the space. It has been listed on the MLS for years for as low as, I believe, $700 to $800 a month with no bikes. The residential space in the building, however, have not been vacant at all. Um, there is one
residential unit that was acquired and came with the purchase of the building. He's been there for I don't even know how long, 15 years. Um, the other tenant in the building has been there for approximately 5 years. She was living with someone else. Those people moved out. She is still in the unit. Um, the economic impact has been heavily on the
owner of the building who led the property's landscaping, snow removal, taxes, utilities, and so on and so forth. The requested variance is obviously a change of the zone plan. That's why we're all here. Um the variance being requested doesn't cause any substantial detriment to the public,
good or imper major intent of the zoning plan. The zone has been used for mixed residential and commercial uses since its inception. The layout has been divided into commercial on the bottom and residential on the top. We're not looking to change the entire building. We're just looking to change one extra unit. Um in driving down Philadelphia
Avenue, there's many changes over time. was much more commercial locations, restaurants and offices located along the entire avenue. This building's on the end as I stated earlier which takes it away from the more commercialized central area. Uh the grading of this variance does not impair the public good does not increase noise, foot traffic or
parking. Any detriment to the zone plant we believe is clearly outweighed by the benefits derived from another few residents living full-time on the avenue. They're able to walk the avenue, shop on the avenue, use the facilities, the laundromats, and just become residents of the avenue. There's ample parking behind this building. There's a
parking lot with 10 to 11 parking spaces which does not include the four street parking that are metered spots controlled by the city. Um the site plan waiver is also being requested. As I stated earlier, the site plan for the building is not changing. There's only the interior of the one unit, a schematic of which has
been provided to each one of you which is again drawing with the property can explain if you have any questions about it. Um there's no existing condition survey or previous approvals at least not since the purchase of the property particularly the LLC which is back in May 2019. Um in closing I mean requested use
variance we believe should be granted for the reason that this is a case with special reasons. It's not a substantial detriment to public good will not impair the intent and purpose of the zone plan and zoning ordinance and there would still be a commercial space in the premises just now three residential units as opposed to two. The building
itself remaining as it is standing today with ample parking. open to questions. If not, we have business owner here as well. Questions board members. Ryan, do you want to Sure, please. Give a little highlight. Um, so I mean, I
think the applicant did a pretty good job of sort of outlining what the proposal is. They're taking an existing building which has four units. Um, two of which are set up to be and permitted to be commercial on the ground floor, which are permitted to be residential above. Um the the one unit, as I mentioned, is occupied, has been for a
while, um is set up more with a window storefront, more of a traditional, you know, actual storefront for what you'd expect to see in the rest of Philadelphia Avenue. Um I think she sort of touched on the variances, but the um I think the the primary point is the references to the
master plan. Um so the downtown business district is defined as essentially Philadelphia Avenue. Um but it's it's Fifth Terrace um to Cincinnati Avenue um from the White Horse Pike to Deer Street. So it's it's a broader avenue than just the first couple of blocks
there. Um and and section H under the downtown business district says maintain mixeduse commercial and ground floor with the offices of residential and upper levels of downtown buildings. Um and the purpose of that is to try to concentrate commercial businesses near each other. Um, typically when you have
one or two commercial businesses that are small like this, it's hard to maintain traffic. Um, typically we're trying to do is get somebody to come to downtown to go get their haircut and then go pick something up and, you know, meet with an attorney or try to do multiple things in the same area um,
based on a singular stop. So, the the master plan really focused on trying to concentrate those commercial businesses in this retail commercial district. Um the next one says I'll read the proposed modifications. It says to allow and encourage resident units on the second floor and above ground floor level of
buildings and retail commercial should be devoted to the per uh permitted commercial uses and or offices or residential uses should be encouraged above the ground floor. U and then it gives exceptions for like lobbies and amenities for upper level occupants if you would have a larger scale development. Um so it it really comes
down to the board's decision whether um they feel that the the applicant's proposal satisfies the positive criteria. Um they she uh the applicants attorney sort of went through which of the uh the points in producible land use law she they feel that this application enhances
um and then weigh um whether the application also meets the negative criteria whether there's any negative impacts um that granting this variance would have on the intent of the zone plan um and the zoning for the space. Um, so I mean I think clearly the intent
of the master plan and the zoning ordinance is to to try to concentrate commercial businesses in this area. Um, it's up to you folks to weigh whether you think uh this conversion would enhance that area and enhance the the intent of the master plan and the city's ordinance uh even though it differs from
it, you know, by by rule. Um, so that's we had a couple other things in the general comments just about an existing condition survey and things like that, but we've typically entertained waiverss for uh businesses and and other uses on Philadelphia Avenue given that it's all, you know, fully established. Um, and
then the required off street parking, the provide testimony that there is a parking lot to the rear of the facility. Um, so they'd be accommodating parking in that matter. So that's really all I have from a report standpoint. Does anybody has any questions? U how long has the the applicant owned
the property? May 2nd of 2019. So, uh we are we are loathed to to deviate from the master plan, especially in the in the commercial downtown business district where we're trying to encourage commercial development and and not
residential as most communities would be. the the uh the applicant wouldn't consider trying to make the property more more presentable as a as a commercial property. You know, put a window in the front or something like
that. The the unit inside was completely renovated three years ago. It's brand spanking new. He's had several showings. He can tell me how many. I know of at least six showings. They just never came to be. And a lot of them for private offices that didn't require actual showcase
spaces. Mr. Chairman, can I have a question? Go ahead. As I have a difficult time and I as I read the the application and I read the criteria, I don't see any reason that doesn't say economics as far as a reason
and that's what this is really about. I mean, let's put the cards on the table. I don't see anything that says that you economics is a reason to grant the variance. there has to be criteria that meets the A through whatever. And as I
read that, I don't see anything, no offense, I understand the area. I know that there's residential on both sides, but I don't see anything that says to me you can grant a variance strictly because of economics and and that's my difficulty.
I'm I'm trying to ask for some guidance, but there's nothing here that says for economics that's a criteria. That's not a criteria. You have to meet those others. So, I'm asking for some information here. And thank you.
I share that same concern. It's I mean the intent was to try to keep businesses on the ground level, residents above to try to encourage not just that business to survive but to encourage other businesses to survive alongside it. And
I think if we the change from that doesn't get us any closer to that goal. And I know we haven't quite achieved that goal as much as we have tried in the past but I don't know that that's the reason that to to alter our plan of what we're
trying to achieve. My problem is what can you hang your hat on as a criteria? Directly next door you have two residential. They're single family homes or multifamily homes across the street. They just redid another one. I don't know if if if you're granted tonight
this is the residential the whole time. Last time I was I'm the fireman. Last time we were in there for a fire alarm. I always thought it was a residential. It looks like one. My concern is that this is going to go up and down Philadelphia Avenue and somebody has a hard time renting their
their business out, they're just going to come up here and ask to make it residential. Okay. Where does it end? You can't grant one without granting the other. has gotten us in trouble before on other
different subjects. Well, I think most of the board is in in agreement then. Uh I don't know if there's any further testimony or questions that that we could that we could have. about it.
I mean, I have the property owner here. If you have questions for him directly, he's not going to be able to give much more information than I've already supplied. Yes, it's an undue financial hardship 100%. That's part of the negative criteria portion. It's not going to impact the public community as a court. I understand it's a variance to the site for commercial uses, but also
as you drive down Philadelphia Avenue, there's all the sounds of several buildings, which is not I know the aesthetic or what anybody's going for, which which would then open the door to make them a residential, right? That's overnight. That's my point. And that's that's the the unfortunate part. No one
wants to begrudge the the gentleman the opportunity to to thrive and do well. I mean, we all want that, but um it it definitely won't help any other businesses if the doors open that all the other
vacant buildings, first floor vacant buildings become residential. I It just doesn't fit our the intent of the plan. That That's just my opinion. Can I ask was it ever rented out since you've owned it? Yeah, it was originally rent. I'm sorry. Just before you go, um we
need you Yeah. just to stand up and raise your right hand. Do you swear to everything you offer tonight will be the truth? The truth and nothing but the truth. Thank you. And can you state your name? My name Daniel Dicker. Okay, your hand up. Go ahead. Yes, I had it all as office space to Pink Lady's house. It
hasn't changed other than her flowers at the front of the window, which I would think that a tenant would also beautify the neighborhood and maybe somebody who lived there would put flowers in the street and beautify the neighborhood. But
um I think a closed business compared to something that is more beautified for somebody living there better for the neighborhood. But I'm not in the middle of Philadelphia Avenue, like this fireman said. I'm at the end of the block. There's more residential on my
end of the street than there is commercial. After the post office, there's more residential than there is commercial. And It's been vacant for 3 years. So, a vacant commercial space to buy anything boarded up or not
used would look worse than somebody being occupied. I've tried my best. It's been on the MLS. It's been with a realer. It's not just putting street signs up. It's been on the MLS for three years at
$800 a month for 900 square ft. Office space. It's brand new paint, brand new drop handling, brand new rugs. I'm willing to put $30,000 into it building walls, kitchens, and bathrooms just trying to put somebody in
there. It's impossible to rent. It's a shame. It's uh We understand your your situation, sir. And it's a shame for the township. You got some supported up walls and see
something occupied. I understand, you know, other people are going to want to do similar thing, but you make, you know, we're close to the edge and that's why you made this decision not in the middle of the block.
I think it's I think you have to decide what going forward to the future what you want to see. And I'm talking about overall, not just in your particular case. I feel bad about your particular case because you've attempted you you've brought a business in. What happens if that business leaves? Do you come back
and say, "Well, I might as well just put another apartment in there, so now you've lost another business completely." But, you know, some point, look, you you you've got other buildings that have just rented out another office here or there. It's taken time, but
they've gotten it. I'm going on three years without getting of money. That's $30,000 that can affect me and my two children. I'm just trying to make a living.
My My concern is that when you rent an apartment, you're going to have children, which is going to really put a a hit on us because the school district, there's no backyard. And unless you, you know, you make that where it's for
adults, that would be a little bit better for us. Even though I'm not in favor of that either, but the other thing too is Glattus is if it becomes an apartment, there is no backyard. I went and took a look. There's no backyard. If you have children, there's no place for them to
play. There's where where you know where there's there's it's not like you're building an apartment. you're converting a a house into an apartment where they have a backyard, there's a place for kids to play. I mean, I'm not saying it's going to be kids, but three bedrooms, I would imagine there's there's probably going to be children
involved. And it's not conducive to that live there that have no problems. We do have a patch of lawn in the backyard. Actually, you look at the parking lot, there's six sides, six six cars on the right, and
there's a patch of grass to the left. We've had children difficult comments questions from the board. I thank you. Anyone else?
Before we move on to the public portion, did you want to have this marked and offered to the board? Yes, please. So, I'll mark that as A1. Is that just a layout of how it would be? That's a schematic that Mr. about for what the layout of the apartment would be that proposed
develop. Thank you. You're anyone from the public wish to speak on this application? George, I you should identify yourself. My name is George Fick. Uh I have the property director right next door with
the driver on the porch. Can you swap? Yeah, I'm actually I'm on the board. So instead of that I don't have a conflict of interest. I'm just we're just going to swear you in just so everything you offer will be the truth. Thank you. I own a property next door at
251 Philadelphia and I think I purchased in 1987. Um I haven't lived there myself. It's a duplex. Um, I have a twobedroom downstairs and two bedroom upstairs. Um, upstairs I think I had a single woman upstairs and
a two-bedroom for 23 years. You know, I have a two-bedroom downstairs which totally rehabed a few years ago. Single woman's twobedroom. Uh, anyway, um, mine's a wellkept building, as you can see. I've worn all around the side of that.
um over the years before you bought the building and and since you put the building, I know there's two apartments upstairs and you're saying there's three bedrooms in each unit. Okay. And then we're proposing three more bedrooms downstairs, right? So
I think on diagram diagram maximizing space paper sketch. Yeah. So So that's that's nine bedrooms. If we can get two people in each one of we have 18 people in that apartment building. There is absolutely there is no no grass in your
backyard. It's completely asphalt because your tenants come over to my property all the time to walk through the grass. They people come over playing in my yard as you can see there. Um so I do have a concern having 18 people possibly rent upstairs. Uh I I know the
older gentleman up there is very nice. Um, but my biggest concern is there's no place for the children to find. I have duplex on the left side of me. I think it's a fourbedroom threebedroom. They're hanging out on Philadelphia Avenue on the curb. I've actually have them
sitting on my course and I had to ask them to leave. And I'm just saying that from the point of view as far as being a joining lot owner. Now the commercial zone is the first, second, and 300 block primarily. There's a lot of commercial in the first and 200. you get down to
the 300 block, go down to the front of there's quite a few duplexes along here and it really isn't that nice because you have so many tenants and they're all hanging out on the street. Um, from a realtor's point of view, again, we're trying to get people to come come down
for commercial. I don't know if it's it's the best interest to have another apartment building, especially another threebedroom uh there. Um, I'm a realtor. I I don't know. I am intentional for real builders. Um but I did just a little information and and I
noticed in MLS that you have had on the market for for quite some time and I noticed that I guess are you a realtor as well? I am. Okay. So I noticed you had the property on the market for sale for rent yourself and I I just pulled it
up and again I'm a realtor. You're a realtor. I noticed in the MOS that you have three photos and basically all it said is rental carpet city. That's all it says about your unit. You have it listed with another realtor they had I guess from
your office and basically his says fully renovated new carpet tile front door plenty of parking. He literally has one photo. So in today's taste market, if you want to rent properties, we only have to market and advertise. And as far as
commercial, I do this and I'm not trying to say anything, but we have a commercial property right now. I have 55 photos. I have a marketing. So if you can't get a tenant in there, maybe it's
just because it's not marketed properly. Um I know your office is in some of these inner market. He's our realtor. And if I was looking to rent a commercial property, I would probably list it with a local hometown realtor. I don't know about you because you're that
famil city, but we just rented a commercial property. Um, so when you're saying it's a hardship financial, I just don't think you're marketing it. We should use more than one photo. And we have 55 from our rental we have right now in corporate city. So financially, I
don't know if that's really the case because I don't know if you're really promoting it. I think I'm counting my office, but you should have. But what I'm saying is financially, I just don't think you're doing much to market it and you're
saying it's a hardship, but you have one photo and there's no interior photos. So I'm just saying from that point of view I just don't think it's it's the best idea for a property to make another apartment on Philadelphia Avenue in the
commercial zone there. That's my opinion and I live right next I don't live but I own the property but my property is well maintained and like I said I you have no grass and you kind of cross all the time to walk through there to to go up. So
I'm just just speaking from, you know, from the public point of view. Thank you for the information, George. No other public present. Okay. So we need a motion on the uh application then. Rachel, can you help
us with it? Yes. So I heard all your comments, but as you know, we like to do the motions in the affirmative. So we know voting yes is a granted and voting no is a denied. So it would sound something like the applicant's request for a use variance converting the first floor commercial unit into a residential
unit is granted because the board has satisfied that both the negative and positive criteria required by statute has been satisfied. So that would basically mean that it'd be granting if we get enough votes for that. Does anyone have
questions? I'll make that motion. Is the uh conditional use also part of this or or then they need a a variance for a
the C variance for two feet above the sidewalk. Is that applicable to the to this motion? Well, I think because the I think because the two feet would only and Ryan let me know. The two feet would only be needed if you guys grant
converting the commercial into residential. We can deal with that if you guys grant the first motion. I don't want Yep. So there's a motion as your discussion. Your second and the only thing I would ask is um I need some
reasons for the resolution for whether we grant or deny. So if you guys could just throw out some reasons why you want to go one way or another, that would be great because this is a use. It's a little more involved than an RC variances. Okay. Make a motion.
The motion second. I'm sorry. Okay. Roll call. Question on the motion. Go ahead. If you vote yes, you're voting for approval. So if you vote no, you're voting for denial. Thank you. Thanks for clarifying that.
And guess why or no and why? Just a little snippet would be correct. Mr. Bar? No, as uh the reason I stated earlier, I don't feel it fits the the business model that we're trying to develop
uh for for fellow GA. Mr. Peterson, no. I don't believe that we've met the uh criteria in my opinion. Mr. Walker, uh no. goes against the master plan and also I feel as if other
businesses on the main street that can't rent their properties will come up here and we'll turn it to residential also and that would go against the master plan. Mr. McKenna uh no and um I don't met any
of the criteria positive criteria Morris. No, I just think that it's we need to have more businesses. We don't um need to
have more apartments and more uh children added to our unless they're homeowners. Mr. Mo, no. And it doesn't meet the criteria for businesses. Mr. Dennis, I'm voting no for the
reasons I stated in the beginning. I didn't couldn't find a reason to meet the criteria and also the information that the public Mr. Rick provided I think was helpful and in making my decision.
Thank you. Thank you. unanimous note then we appreciate your coming to the and presenting the application. Thank you. Thank you. Any old
business? Nobody from council move. We go to council report, public comments, questions, comments from the board. Motion to adjurnn. All in favor, please say I now.