Welcome to tonight's meeting of the zoning board of adjustment of the township of union which is being held pursuant to the open public meeting law C231 laws of New Jersey dated 1975. Notice of this meeting was posted was
advertised in the local source, the newspaper of record. A notice has been posted on the bulletin board in the municipal building adjacent to the municipal clerk's office. >> Roll call. >> Mr. Wy >> here. >> Miss Martins >> here.
>> Mr. Bentega uh present. Miss Scott >> here. >> Mr. McNeel >> here. >> Miss Little >> here. >> Mr. Graves >> here. >> Miss Ricketts >> here. and Mr. Champion >> here. There being a quorum present, this meeting is now declared open. At this
time, I'll entertain a motion for the approval of the January 7th meeting. May I have a motion and a second? >> Mr. Chairman, I move that the meet meeting minutes of January 7th be approved as written and dispenseed
with their reading. >> Second. >> All in favor? I >> I >> opposed. So moved. Mr. Monguser, are there any communications? >> Uh, Mr. Chairman, there are no communications. >> Continuing with tonight's meeting, our
first order of business will be the adoption of of a resolution for the approval of our annual report for 2025. Before we do that, our board attorney, Mr. Pansula, will present it. Mr. >> Yes, Mr. Chairman, this is our annual
ritual. It's required under the state municipal land use law. Uh what I've comprised is basically a summary of all cases that the board heard in the calendar year 2025. Very similar to the year before uh which is uh I I think we heard 19
cases total to decision. Uh we had a number of cases that were carried or adjourned. So, we heard more than 19 uh but 19 were heard to a ruling uh with a couple of denials as well. Um there's four zones now that are were impacted,
the RA and RB and the CC and the NC, which is a complement and testament of the township uh keeping up on their zoning ordinances. They've really, I think, adjusted off prior years experiences where we don't have a lot of
use variance situations, which is a goal of the land use field is to make sure that the town is passing laws to allow developers to develop consistent with those terms in the ordinances. So, that's a good thing. Um but I have summarized the ordinances the uh
variances that we considered uh largely dealing with a lot of the pre-existing nonconforming details that exist. So there really is not much we're going to be able to do about that uh as a township, but we make the recommendations
uh of considering perhaps uh the number of off- streetet parking spaces that are intended to be available. That's an ongoing uh work by the engineers and professionals. It's not easy. I'm sure the town is on that. But I summarize that as one of the areas that the town
might be able to look into as well as the uh dimensional sizes for these parking lots uh and the signage because those are the three most recurring matters that we've seen um throughout the year as I've
summarized. So, uh, unless anyone has any questions, really the goal is to capture this. It was in the packet, so I know everyone had a chance to look at it. Uh, I can attest that it's an accurate summary of my notes and my creation of the resolutions. Uh,
Tiffany's just going to update the date that I have on there. We originally were going to pass this on the reorg meeting. It didn't happen. So, it'll be on January 21st. So, if unless anyone has any questions, any members of the public have questions about the the annual report for 2025,
um I believe we can adopt it as it's set up with Mr. Bentegna and Miss Martins and we'll do a roll call. >> Are there any board members with questions? Hearing none. Board members, you've all had a chance
to read the resolution and the annual report. At this time, are there any board members that would like to make changes, comment, or make modifications to this resolution as it has been written? >> Hearing none, may I have a motion and a second?
>> Mr. Chairman, I move that this board adopt the resolution of approval for the annual report for 2020 and 25. >> Second. >> Roll call. >> Mr. Wy, >> yes. >> Miss Martins, >> yes. >> Mr. Bentega, >> yes.
>> Miss Scott, >> yes. >> Mr. McNeel, >> yes. >> Mr. Graves, >> yes. >> Um, Miss Rickettts, >> yes. >> And Mr. Champy, >> yes. >> It'll be sent to the planning board and the
clerk's office as directed under the municipal. Thank you, Mr. Chairman. >> Continuing with tonight's meeting, our next order of business is calendar number 3459 Allure Salon Suites LLC.
Location is 971 Lehigh Avenue, block 504, lot 13.01. They want to construct salon suites in the AH2 zone. Counselor, would you like to begin?
>> Yes. Good evening, members of the board. Natasha Montavo with Jabberbomb Warft on behalf of the applicant alert salon suites. We are here today seeking a D1 use variance and preliminary and final major site plan approval with some
variances um bulky variances. The applicant is seeking to use the right-hand portion of building um as a salon suite for 11 different salons are going to be inside um for different
cosmetology industry uses such as hair stylists, waxing specialists, makeup specialists, possibly a permanent makeup um cos cosmetic permanent makeup specialist um which those uses according
or are not permitted. itted in the AH ah2 zone of of the affordable housing zone. Um besides the D1 use variance, we are seeking continuing uh seeking continuing relief for the following variances, minimum lot area and minimum
sideyard. And additionally, we're seeking a variance for parking. We are four parking spots short, but um we do have a way to accommodate those four parking spots. the landlord owns this property and the neighboring property.
We do have an agreement, the tenant does have an agreement with the landlord to use overflow parking on the neighboring property. Um, I do have that signed agreement. If the board requests to see it, I could definitely submit it to them. But, um, I just want to make sure,
let put on record that the parking issue is addressed. If there are no further preliminary questions, I would like to call the applicant as my first witness. >> Okay. >> Yes. For the record, council and Mr. Chairman, board members, I did mark A1
the application as it was submitted. A2 are the architectural plans that were submitted as part of the application which consists of two sheets. Uh I would suggest we send in that agreement as well. I'll note it for A3, the executed copy. >> Okay. No problem. >> The parking agreement. I think if you're
representative can also give some details on what's done on that property to make sure there's no overflow conflict with what happens on that site. So, if we can get a little testimony on that. >> No problem. Um, just to clarify too, so the parking agreement since the applicant does also own the Espen school
on the same property. Um, the parking agreement is with the Espen tenant since it's technically a different tenant, but it's still the same applicant. So the overflow of parking for the the daycare uh the preschool is allowed on that pro the other side of the lot which is 10
spaces of over overflow parking. >> It's 10 spaces are available. >> Correct. >> Can I ask the witness to swear or affirm that the testimony you provide this evening is the truth and the whole truth? >> Yes. >> And for the record, if you could state and spell your name with your affiliation.
>> Sergio Espinosa. Sergio. S E R G I O Espinosa. E S P I N O Z A >> and your title is the representative or >> say that again. >> What's your title with the applicant? >> Owner of Espen preschool
>> and and Dolores >> and Dolores of course. >> Thank you. Um can you uh provide to like a summary of the board? Um you can follow up on what I said. Um, how many salon suites
are you intending to have in the space? >> There will be 11 salon suites inside the building itself. And it's like what um Jennifer said is all cosmetology. >> Okay. And so um no other uses besides
cosmetology. Well, you you won't have any other tenants who are not in the cosmetology field. Only cosmetology field. Correct. >> Okay. And um what would the hours of operations be for the building? >> For the building use, it will be between
8 to 10 o'clock at night. >> And how do the hours of operations work for each individual salon? >> Well, they're going to be their own boss in each salon. So, they will have their own timing, but uh the building will be closed at 10.
>> Okay. And then um can you provide um uh some background to the board? There right now is Espen on one side of the building and then there's you have another business also yours um called Behind the Vine that's in the middle.
And how is that going to interfere with the salon suite spacewise? >> Well, it is it is um uh separated in the building itself. There is a wall in between uh behind the vine. is technically owned by my wife and
sister. Um, and right next to it is where the 11. >> Okay. So, it's separated by walls, separate entrances for each each tenant. So, so per se. Okay. Um, and then um
actually I have no other further questions on on for this test this client, this witness. I'm sorry, >> Mr. Espinosa. Would >> would all these suites be occupied at the same time?
>> Uh, no. Um, it it will be rented out to anybody who does cosmetology in that sense, which is like she said, waxing. Each one is going to have their own timing, their own balls for so to say, but uh um be occupied all at the same time.
I I would say no. Each one of them had their own timing. And as far as the days of operation, >> well, it was going to be open um >> seven days a week. >> Seven days a week. Correct. >> Did you read the comments from the fire department?
>> Uh yes. >> You have no problem? >> Noing with No. No. Everything should be set to go. >> Are there any board members? >> Additional questions for Mr. Espinosa? >> Yes, Mr. Chairman. I'm sorry. Uh, so I understand that there's be 11
suites and it'll be uh privately owned. How does it work? Um, when the customers arrive, do they come through the front? Are they checked in? Is there >> No. So, what's going to happen? The main interest is going to be in the back. But, uh, each uh each uh u hair hair
stylist will have their own clientele, their own booking, their own computer, and then they they'll have their own room. So, uh that's how that's going to be set up. Now, if there's anybody who wants to just go in there just for a haircut, then at that point they will
have to call uh u the hair stylist so to say. So that way they can make the appointment. >> So is the the entrance is separate than from the uh child care. So it's >> Yes, completely separate. >> Okay. Now this door will be open to you know just open or someone buzzed them
in. Is there someone they call to check in or do they >> There is going to be a buzzer. There is going to be a buzzer. Uh there is going to be each each salon suite there is going to have their own little um uh sort to say um like you know little
button that they could open the door. Um but the door probably will be open just for the clientele who knows how to get there to their different salon suites. >> Okay. Thank you. So just to clarify on that the main door to the bu the salon
suite building will be open but each salon itself suite itself will have its own remote Okay. >> Correct. >> Okay. >> Another question. So there's no access to the child care none >> from from the salon. >> None at all. >> Okay.
>> So what separates the salon from the child care is behind the vine that's in the middle. It'll be easy to see when we put the floor plan up. >> No further question. >> Are there any other board members that would like to question the testimony Mr.
Espinosa has given? >> Yes, Mr. Chairman. Um, what time is the the daycare open? >> We're open from 7:30 to uh 5:30, 6 o'clock. >> Okay. Um, and how many parking spaces would you say that the daycare uses on a
on a daily? uh on a daily basis just with the teacher itself. And then we do have teachers that don't have a car. So, three spaces, four spaces. >> Okay. And do you have a sign um stating um when there is overflow that people can go onto the other lot on the
property or how do how do you how do people know? >> I I can answer that. Our planner um has pictures to show. There are um signs on the neighboring parking lot that does says Espen parking. Um, so there's like certain spots that are kind of reserved
for espen parking overflow. >> Okay. Thank you, >> Mr. McNeel. >> Yeah, I have a a question on the size of the suites. Uh, given the area, it looks like about 150 square foot
>> correct piece. Um at any given time, how many uh counting the tenant, how many clients will be allowed in that space? Well, it's there the 150 is required. Um it's not required, but it's it's
basically a double suite. So, two hair stylists could be in that double suite and then they could have their own clientele. And that's one of the main reasons. Also, too, what I wanted to um do is put behind the vine there. So then who whatever whoever is waiting could wait in the plan shop.
>> Okay. >> So just to clarify, >> will your clients be walk-ins or appointments only? Because you could have a lot with walk-ins. >> That all depends on the hair stylist. They're they're the one who's going to set up their appointments by their
clientele. Um from my understanding since I'm not don't get a haircut, but they do have their own set time that you know these appointments go into. So just to clarify, it will be appointment only. >> It will be appointment only. Right. That
was my understanding. >> Correct. It's appointment. >> I think that's important and it's consistent with >> one of the earlier questions. I know your testimony was, "Oh, I don't think all 11 will be used at the same time." But you don't know that. >> No, I don't know that. >> So if at least it's by appointment only,
there's some potential ability to control the flow. >> Correct. So, just correct me if I'm wrong, Sergio. If it's going to be appointment only and the maximum number of customers the salon stylist could
have is a maximum of two in the double suite. If it's a single suite, the maximum they can only have at a time is one. >> Correct. >> Okay. >> Uh just a followup. Um is there any specialized exhaust equipment depending
on the services that the um the scholars will be using that. >> No, >> you know, so it's all going to be fresh air. >> Correct. >> In addition to the fire department comments, there was the health department statement that all of the
workers need to be licensed. Now, you as the owner, you acknowledge that, correct? >> Correct. That's part of the contract. Just from a code enforcement perspective, because this has become a enforcement issue at times, you as the
owner have to make sure that your tenants, your individualized unit holders, however you're going to describe them, fulfill this obligation because if there are violations, the notice, and Mr. Manguso can correct me if I'm wrong, but
technically you as the owner can get a citation as well as the tenant because that's very important to keep a control on who's doing the cosmetality work and they're required by state law, not just the union will enforce it through their health department to be licensed.
>> Correct. >> I have a question regarding your hours of operation. Um, I believe you said that you're going to be open from 8 to 11:00 p.m. >> No, to 10 >> to 10 p.m. But in your statement of
principal points, it states 8 to 5. >> Correct. So that was an error on our offices our offic's part. So we when we submitted the application we did 8 uh 8 to 5 normal business hours
without we it wasn't confirmed and submitted prior to discussing with the applicant. Um it will be till 1000 p.m. as some uh due to people who go to the salon suites book appointments they go after work. So, we want to be able to
give those people who need to go after work that time to get their appointments in after work hours. >> And that's seven days a week. Correct. 8 to 10. Seven days a week. >> Any other board questions? >> Hearing none. Are there any members of the public that would like to come
forward and question the testimony that Mr. Espinosa has provided? >> Hearing none. councelor. >> Um, I would like to call up our next expert, which would be Paulo Dantes, our architect. >> Can I ask the witness to swear or affirm
that the testimony you provide this evening is the truth and the whole truth? >> Yes. >> And for the record, state and smell spell your name with your affiliation. >> Sure. My name is Paulo Dantis. First name Paulo, P AU L O. Last name is Dantis. D an AS Dantis Architecture. Any
changes from your architectural credentials when you accepted by this board as an expert in the previous weeks? >> No, nothing has been altered. >> We'll accept your credentials. >> Thank you. >> Can you take us through the floor plan, please? >> Sure. Uh the property is located at 971
uh Lehigh Avenue in Union. Um our proposed scope is going to be an interior alteration to an existing building. Just one second. Okay. Uh the title sheet includes an exterior elevation of the building. Also
gives excuse me a second gives us uh also the drawing list some zoning requirements. Um like um we spoke I think we have uh major variance. It's just I think it's just parking and have location map and also the zoning
location. On our sheet A2 is our proposed ground floor plan. Uh this is consistent of 3,177 square feet. This is an interior alteration and change in tenant fit out within an
existing one-story building. Uh no uh addition or being proposed and exterior building footprint uh exterior uh building footprint is also to remain as is. Uh the plan is to convert the interior spaces into personal services,
cosmetic and beauty uh beauty services concept consisting of individual uh salon uh suite rental spaces and then within those supporting common areas such as um indicated or hallways uh storage, we also have a laundry area,
mechanical also is going to remain in the same location, wash area and toilet rooms including ADA um bathrooms. Uh we we did the calculations. These bathrooms support um the customers or the the amount of uh people within the building.
Uh within that we have 12 suites. Uh six of the suites are going to be double suites and then we're going to have five single suites. Um we're looking to provide proper egress. Currently we have three means of egress in the back also
the side and in the front. Um and then with that we also have a division within our building that we're proposing um interior alterations and also the the daycare we have a CMU wall so the proper uh fire separation and proper uh
separation and all the code related will be maintained and then in addition to all the comments from the fire department also will be addressed but I think we'll address this during the permitting stage um for the building department submission. Just to clarify,
it's 11 salon suites, not 12. >> I apologize. I miscalculated. That's right. 11. >> Just want to correct that. Thank you. And again, I I don't know if you said it already. Um, no problems complying with anything in the callers letter. Correct. >> No.
>> Okay. Thank you. No further questions. >> Any board members with questions for Mr. Dantis? >> Yes, I have one. >> M. Little. Um, so we have six double suites which would cover two stylists in
it. Correct. So that would make it 24. It could be possibly 24 parking spots. >> I I would I would say 22 because if we if we base it on the suites, so let's
say we have 11 suites. Okay, let me see if I could do this. So I have 12 12 with the double suites because there's six of them. So that's 12. And then plus the five single that would be 17 as a total. >> Is that 12 or 24? Because if you have
two stylists and two clients, >> but I only have six suites of double. Oh, I got you. Okay. 24 then with that be 34. What would be 34? >> So with that along with your
>> at a maximum occupancy. Yes. >> So that would exhaust your overflow into the next parking >> possibly. But according to the way the parking analysis is calculated, we only
need eight parking spots for the salon suites. Practical like practically speaking it could go over but for for the purposes of the calculations required for zoning we meet we have the eight
parking spots for the salon suites. >> Mr. Dantes I have a question. So the double suite um just two hairdressers or it could be up to four? No, it would just be two. I think there's a there's also um a square
footage that we have to maintain per dresser or per area that it's allowed >> per area. >> Okay. So that's okay. >> So there would even if you would want to you can exhaust that. It would not pass state the state requirements.
>> Okay. So I just want to get this straight. So there's six double suites. >> Six double suites. >> There's 12 people right there. >> And then five single suites. Okay. Um, where do you enter from this building? Where's the entrance that I see a ton of
exits? I just >> Yeah. >> So, that's where you're coming in in the back left corner by the parking lot. >> That's correct. >> Okay. M >> just to clarify something on parking too and our our planner would address it as
well, but according to the zoning analysis for parking calculations, it has us as the child as a child care center for Espen at 16 spaces. However, um as the applicant said, they only use
three to five parking spaces. So even if we were to use three to five out of the 20 that are actually on site, the remaining parking spaces are for the salon suite. So whatever if if the salon suite parking lot, the 20 spaces are
taken up, the school is allowed to park up to 10 vehicles on on the neighboring property. So I I think with the overflow parking and what we have on site, the 20 spaces, I think we can parking would be sufficient. Council, how many spaces are provided on
on the overflow? >> 10. >> So, 10. So, we're talking 30 >> 30 total spaces. >> Okay. >> Yes. >> I I just have a couple questions. I heard you say there was three separate. Is there any plan for lighting in the back? You talking about stand open to 10
p.m.? >> Uh, eventually we have to do that. Yes. And that'll probably be accommodated during the review with the building department. >> And what about security? I mean, it didn't you really knew how the tenants would provide access. So I know nowadays
like everything's cold digital but like would there be some kind of security setup cameras? I mean three separate that people can come in as well as go out. I know what they mean, but you know, if someone wanted to take advantage of >> So, in these buildings sometimes when we rent these suites, they do have you buzz
in you monitor and then in my my office at least, we pick up the phone, we say who it is, and then we buzz them in and then eventually the individual comes up. Um, with cameras and surveillance, I'm pretty sure that's going to be installed as well, just for the safety of everyone. So, I don't want to speak for
the owner, but I think that's the proper way to do >> cameras. Okay. And then also is there a common area? So say I come right it's my appointment but I have my daughter with me. Is there somewhere where there were other people you know somewhere common
where I'm not necessarily getting service but I'm going to wait. Is that allowed? >> Yes. That mean that's why can can you come up? I'm going to call the applicant back up. >> Uh yes there is. So that's why the the plant shop is right adjacent to it and
that will be that's going to be the common area that's going to be uh we have seings we have we have stuff to do there for for anybody who's waiting for their appointment. So that is going to be the the common area. >> So what is the plant shop used for?
>> The plant shop at this moment is used for different events in the sense of if you want to like sit down and and paint pots and plants or you could plant you know different activities that they do there. So there's a vac child care plant shop and the sweets. >> Correct.
>> But but but we wouldn't say that the the child care is in a separate building. Totally. Okay. >> Okay. >> Okay. >> Yeah. >> It's not all in the same It's separated. >> Okay. Same property. >> Same property but different build. Like it's kind of isolated on the side. Well,
not on the side. >> Are there any other board questions? >> Mr. Dantis, is it fair to say that the um the suites, whether single or double, if if I was to bring I just want this on the the record, if I was to come with my child, that they at least could sit in
the suite cuz they're big enough to sit in a chair on the suite. >> For for me, depending what we're doing, if we're cutting the hair, to me, it feels like you could have an additional chair just for somebody to sit down. Yes. >> Okay. Cuz I know the the the other Phoenix salon is set up that way. I we
we have done salons previously and the chair itself has it needs quite a bit of space. Correct. Which it also requires sitting areas and stuff like that. Yes. >> So we we made this as a common area which we're picking it out. I don't know
how to zoom in in this thing. So we made a common area by the we call it the washroom and also we have the washer and dryer and sinks there. Any other board questions? >> So, there will not be a receptionist.
>> That's correct. >> Okay. Okay. >> Each one will attend to their clients and each one will, you know, uh create their own schedules. >> Any other questions? >> Mr. Dantis, let me ask you a question. Is there any possible way
that you could get a reception receptionist somewhere in that area. I don't know how big it is, you know, that would, you know, let people in. I mean we could but I just want to also mention that we've
been functioning in Chestnut and there's a couple buildings like that ours and across the street and everything is scheduled everything is being buzzed in everything is pretty much being um you know attained to by an individual. Um a lot of the people that we have even
as an example in our building uh one of them does uh extensions through the here and all that um people actually come in on a schedule uh they call in they buzz them in and then that person just attend to that and then they leave. Um so we don't see a lot of movement but we do
see scheduled uh appointments. Um because that was another concern when we started renting who's coming in and who's not. So the buzzing uh of the door being open and also the cameras uh facilitates at least my part uh the security for movement.
>> Thank you. >> Any other questions? Hearing none. Are there any members of the public that would like to question the testimony Mr. Dantes has given? >> Hearing none. Counselor, your next witness. >> Yes. Paul Ricky, who's our planner?
I'm going to ask a question. >> It might be radioactive. >> I want to swear in, but I'm getting electrocuted. Can I ask the witness? >> Uh, yes. Uh, Paul, >> can I ask the witness to swear or affirm that the testimony you provide this evening is the truth and the whole truth?
>> I do. >> And for the record, state and spell your name with your affiliation. >> It's Paul Ricky, RICCI with Ricky Planning. >> Any changes from your credentials when you last appeared before this board as a certified planner? No, I continue to be have an active professional planner's
license in the state of New Jersey. >> All right, begin. >> Um, thank you. I may start with Let me see if he took this out here. Let me see if I can get this to work here. And before we begin, um, we would like
to mark this, uh, this exhibit as A4, I believe. >> Yeah. >> And it's a two two page, three pages, >> uh, three pages. It's one pages that it's an aerial that I show the subject property. And so you can see, I'm going to just point out the adjoining parking lot and then just a few pictures of the
site and and and the surrounding area. Uh, just just a quick background. I think the board is aware reviewed Mr. Venezia's letter. We requesting the the D1 use variance to allow this cosmetology use. We are
seeking a bulk variance for an existing non-conforming sideyard setback. The building today that's not being changed of 6.24 ft where 10 ft is required. and we're seeking the parking variance uh to allow
20 off- streetet parking spaces where uh 24 are required on site. And I'm just going to start with my exhibit just quickly like I know the board understands that to grant a D1 use variance, we need to show that this use is particularly well suited at this
location and that the variances can be granted without a substantial detriment to the public good, the surrounding property owners and without a substantial tent uh to your zone plan. um master plan in in zoning ordinance. Um regarding the bulk variance, I'll
mention for the pre-existing non-conforming setback that's not being uh changed. Uh we believe that's a it's a hardship. That's a legally con that's a legal building in the town that's existing. Um the applicant suffers from a hardship in that regard. We would seek
that variance under the hardship provisions. And then I'll speak to the the parking variance. We would seek that under the the flexible C2 variance. we can so that the benefits of granting the the variance that way the detriments in here it's largely going to be my testimony that despite that we have a
shortfall we do have we do have parking that we control that do exceed your ordinance requirements so we we and it's right next door it's actually I'll I'll speak to it just in a moment the parking off site is actually closer to the front door of the child care center than the
rear lot on our subject property which makes it more convenient for individuals carry young children in and out in this type of cold weather uh as well. So, it's a it's a better location as well. So, if I may, um this is an aerial exhibit that was prepared in a in a GIS
system. It shows the subject property outlined in orange. Um the daycare portion of the building is on the the top portion of the building that's accessed uh on the the Lehi Avenue frontage. you heard the applicant talk about does it show it does show my uh
cursor here where um where the salon suites are going to be they're going to be accessed from the rear quite opposite and removed for where the child care enters. So where I'm circling now is the adjoining lot um where the 10 parking
spaces uh where that lease arrangement occurs. That parking lot accommodates a total of 25 parking spaces. When I spoke with the applicant, um the actual um the number of employees that are there today
is is around five. Um I think when when the use was approved it anticipated up to 13 but when I was there it was the parking lot was widely open and I was there today earlier and then um around
3:30 I arrived and you know that's when you know people start to pick up uh kids and then I was there again around 5 and there was there was minimal activity occurring few cars coming in and out just so you are I didn't talk about my credentials but I I am board planner in
in six towns and I've I've reviewed probably 30 to 40 child care center applications in my life and have heard various testimony on that and I think I think most people recognize how they work. Most of the issue is is the drop
off and pickup. That usually takes about five minutes for a drop off and then maybe like seven minutes or so for a pickup. So one parking space can handle you know a lot of activity in an hour. So that can handle you know eight nine
cars in in in one hour. So having even um 10 parking spaces for drop off pickup is is is significant. Um and and with that said though is when we're talking about functionally the child care is
operating is my understanding and like we can confirm this the applicant what I saw exclusively on the adjoining lot and the reason being is I'm not sure about you those spaces are available. I tend to walk the closest distance to a door that I'm going to attend to. So the
individual are using the adjacent parking lot. So all the spaces all 20 spaces would be functionally available uh for the applicant's use which is would greatly exceed uh the requirements for uh the applicant which I thought was a a nice buffer that that demonstrates
that adequate parking uh is being provided here. Uh we are in your AH2 district. Uh that district is tenants promotes the development that supports and is consistent with the commercial development pattern surrounding the train station. And and that's right, I
didn't mention this. Not to mention, I think everyone recognizes there's a train station. I mean, you can't cut through the parking lot. You can see the actual station from that rear parking lot, but you have to go out Lehi a Morris Avenue and cut back over, but it's very close and and clearly Morris
Avenue um has new multiple bus stops. Not everyone that works in a childcare center has a car and drive. So, those opportunities do exist in the area as well. I thought was worth mentioning. Um the district itself allows for for mixeduse development. Um some of the
uses or what's permitted in the district include restaurants, that's category one and two, bars, offices, medical offices, museum, gallery, passenger stations, places of assembly, fitness centers, and
retail services. And while we technically it does not appear we met that definition of a retail service, I'll indicate that it is a business activity involving the sale or service to the ultimate consumer. This shall include personal services, business
services, and the like. So we're very inkin to what this zone plan anticipates uh uh in this area. Um when I was a young planner, I worked for a firm that that represented the town. I actually wrote or was a principal author of one of your master plan re-examination
reports. I've literally studied myself years ago, Lehi Avenue and um many years ago um and I so I know the previous zoning for for this area. The previous zoning before this use also allowed
retail uh services and well uh we know that the the one side of Lehi Lehigh Avenue was historically industrial. that's been converting and changing somewhat over the years, but it was an industrial district historically. Um,
so in terms of like the surrounding land uses, so the north, I'll call it the north side of the street because it's kind of not perfectly straight. That's largely residential, single family. Um, and the south side of the street where we are has a full r mix of industrial and and commercial land uses. As you get
closer to Morris Avenue, it has a greater bit of a commercial aspect to it. And there's still some remnants of industrial, including a fairly recently built uh warehouse within recent years. Um I noticed that Leo I was happy to see
that Leone Latini is still uh on the block. Um fortunately, I need to spend a little less time there. I don't mean to joke but um in in terms of the particular uh suitability uh I think it's important to recognize that retail services are a
principal permitted use in the district. So today the previous zoning anticipated uh similar uses here and more intensive uses. Uh I believe that this cosmetology use while not maybe specifically permitted does fall in the range of uses
uh anticipated in the area. Um, and again, restaurants, bar, and medical offices are more intensive, have longer hours and grading parking needs than this use. This is an existing building. So, if you're going to fill it with something, something has to go there. A
medical office may not work because there wouldn't be sufficient parking for that. Um, I think there's also a public interest here. I saw this as an incubator land use that allows for individuals just starting out in in their profession to have their own space
and have their own business. Uh I did not see it. The applicant indicated to me that there is a a beauty school right nearby. So this is almost like an incubator use that you can help somebody maybe not work for someone else but that can create their own business and maybe
they can benefit and lack of a better word be better profits for for that individual which I I think is a is a is a positive uh attribute of this type of service where maybe someone couldn't start their own salon they can start their business here grow their business
and maybe potentially move out elsewhere um and given that that the the salon school nearby. This is a a perfect fit. Um I I looked at your March 2021 master plan. It it talks about I'm not going to
read it uh uh verbatim, but it talks about US1 and US districts around Union Station. Um and and it speaks to these to provide land uses that are complimentary to the station. um you know it's it's trying to
encourage your master plan this to be walkable over time uh as well. I believe that this application supports several goals of your master plan. Um places a site within a a transit walkable site.
Uh it supports the um the goal to create desirable non-residential development. Um and your zoning ordinance did recognize a need to respond to changing economics and market demands to provide spaces for those uses as as well. Um re
regarding the the parking variance again this has been discussed somewhat. Um the key findings from a planning standpoint is because sufficient off- streetet parking is being provided that would not result in a a detriment to your zone plan or or the public good. Um, I
believe that we the fact of the matter that we're functionally providing more parking that's required by ordinance in a manner that's either on-site or even more um convenient offsite to the the front door of the child care. Uh,
clearly speaks to the fact that adequate parking is being provided. And just so everyone is aware that the child care parking requirement is based on 1.25 spaces per employee. There's currently five employees there today. So, it's a very conservative uh requirement for the
child care and again that child care uh is being fully accommodated offsite. We're required eight spaces. We're providing 20 that we're functionally using. So, that's more than double what your ordinance anticipates that's that we're really using because the child
care is operating functionally. Again, not to be repetitive. Um so, I I think as a planner that it's it's I feel conservative that adequate parking is being provided. Also, while we're not talking about, if you look at the aerial as well, and I'm just going to show you a few pictures now, um you can see that
this is not a a parking poor area. There's essentially these buildings are surrounded by off- streetet parking. And while there's not like lease arrangement in in place, the property owner owns the property owner owns all these properties in the area uh as well. So, there's
opportunities for flexibility over time for for that reason. Um and there's a few pictures here. here. Can everyone see these? Well, or me go back here. Do I need to zoom in? Um, this is a view of the the rear parking area. Uh, this p
picture was taken uh today, uh, I believe around 4:00. Um, picture number two is taken from the rear of the subject building looking for towards the parking lot, looking towards Lehigh Avenue, the parking lot that is
utilized uh, by the daycare facility. And that's a 25 space parking lot. You can see today there's like a handful of cars uh in there that was presumably for the employees associated uh with the childcare center. And there's snow on
the ground today, but this is portion. So you can't see the striping, but a portion of the rear parking lot as well uh behind the building. And then picture number four. And if maybe I'll zoom in here. Um,
see if I can do that. Um, shows a sign I'm sorry that re re reads reserve parking for Espen Preschool and you can see that um that's that shows that that parking is in place and that's on the 25
space adjoining parking lot that I just mentioned. And then another sign showing it in picture number five just showing you the front of the building. So, so essentially in picture number six, someone walks from the parking lot across the drive aisle uh into the to
the child care center, which is very convenient. Um I'm going the wrong way. Um and in and picture number seven shows um a building that's it's it's used for my understanding adult nursing education at
uh predominantly at nighttime. It's a small building in the rear of the lot. And what what I witnessed was people were parking adjacent to that building uh rather than uh in the parking lot, which is maybe not functional parking, but it's but it's additional space that
they were using uh for parking. And here I'm just showing uh the the back of the of the subject building. Um and um you know, this is like the the vine area of the building where the green door is. And I just wanted to show that there is handicap access uh today from the the
rear um of of the building as well. So >> you show the entrance. >> Um >> um I I I kind of made a little bit of a mistake and I think I I zoomed a little
bit too far to the right, but the door um you see where the green um rectangle is there? That's the was it on the vine? On the vine. >> Vine or behind? >> Behind the vine. Um, sorry. Business. And then the door just to the left is
the access um to the cosmopoly area. Cosmetology area, excuse me. Um, for these reasons, I believe this application meets several purposes of municipal land because the site is particularly well suited for the use. uh
we meet purpose A um and that's to guide um appropriate use or development lands in the state that promote the public health safety, morals and general welfare. Purpose G to provide sufficient space for the needs of of commercial
business owners. in here purpose M which speaks to uh procedures of shaping land development with lessening the cost of s such development with a more efficient use of land that we're we're sharing parking uh between uses regarding the
the negative criteria um I believe the variances can be granted without substantial detriment to the public good we're we're not really changing the facility in any meaningful way and we're providing adequate parking uh it can also be granted a substantial
detriment to the zone plan. This is a use, well maybe not specifically permitted, it's very close and it falls within the range of permitted uses and this is a new type of emerging uh land use that we're seeing today. One aspect of that is uh you heard our attorney
speak of where u where some people may do is where they put like cosmetic makeup on individuals and that's a my opinion a significant benefit societal benefit associated with that. This is a new emerging land use. Like if you're somebody that has a masectomy
um going through chemotherapy and lose your hair, they put eyebrows on you and they'll like I don't know how sure how to say this appropriately, but they'll put like a like a nipple with a so they do a lot of things to bring dignity back to people that are suffering from medical conditions. So it's a it's a
land it's a it's a type of use that really I believe is is beneficial to society and people's well-being and good as well. And this is something that um at least as a planner uses that I didn't anticipate in a zone plan because it's a it's a new uh emerging land use. So that
helps us reconciling the emission of this use from the master plan. Uh and the fact that uh I don't believe this is a use that the the council was trying to prevent. They were trying to encourage retail services and it wasn't an exhaustive list in your in your zone
plan. So, we're um I believe this is a very strong application that that that meets the burden for for a use variance and the bulk variances that that we're seeking. >> Thank you. No further questions. >> Are there any board members that would
like to question Mr. Ricky's testimony? >> Um yes, Mr. Chairman, will there be any signage um outside of the property showing Allure Salon Suites? >> Yes, and it will make sure it's compliant with the zoning requirements. Okay. Will that be like by the preschool
sign or on the other side of the building? >> That'll be on the other side of the building. >> Okay. Thank you. >> Any other board members? >> Any members of the public that would like to question the testimony that the
witness has provided or make comments? >> Oh, you do? >> Are you do you currently have cameras on the building on the building? Correct. >> In the back.
>> Okay. >> Are there any members of the public that would like to question witnesses testimony or make comments on this application? Can we just be clear what what is the use on the adjacent lot that the spaces are being used and dedicated to 10
spaces? That's >> I'm not sure. I heard >> it's in a it's an um my understanding it's a >> it's an adult night school teaching nursing is my understanding how it's used today. >> And and the the spots I see the sign
that you you you blew up a little. It's are the 10 spaces dedicated or that area is earmarked for use by the >> There were there were signs I didn't count exactly but there were sign multiple signs on on the property. Um
it I didn't see um anyone competing for those spaces. So it didn't seem like there was any it need to be any more uh restrictive. But uh on both sides of the parking lot closest to Lehi Avenue, there were several signs saying that
these spaces are reserved for the parking. Um so it it seemed to me that the spaces closer to the nursing school were were were open for the nursing school and the spaces closest to Lii Avenue were
reserved for the child care being the areas closest to each building's front door. >> Okay. I just I'll note that for the record. Obviously, we've marked the parking agreement as A3 for the record. We haven't really authenticated it, but
I will have it. I think and council, you can accept or reject this, but but I think I want to make sure we reference the use on that adjacent property has the ability to dedicate these tent spaces right now. It's not imposing a
variance situation on that property for the use they have. >> Correct. >> If that changes at some point in the future, that applicant would be prompted to come for a use var for a bulk parking variance. >> Correct. >> Depending on what the use would be if it doesn't meet the number of spaces that
are required. >> Y >> just because I mean the questions you heard from some of the members, >> you have six doubles, five singles. conceivably that could be x amount of people. What if you know they're all there at the same time? I I want to make sure
we're prepared to address that in the future if we ever needed to if the board acts favorably to understood. >> Y >> counselor, do you have any more witnesses? >> Nope, that's it. >> Would you like to sum up? >> Yes. Um I would want to thank you guys for your time this evening. Again, we're
seeking um a D1 use variance along with exist continuation continuation of two um well minimum lot area variance and minimum sideyard variance and a parking variance. But as you heard from our testimony today, we have ample parking
um and I hope this is going to be a good use into the community and I hope you guys approve this application and thank you. At this time, we I believe we can cancel this. Mr. Bentegna, would you like to begin, please? >> Yes. Uh, good evening, Mr. Chairman.
After hearing testimony tonight, I I find the application meets the required criteria. I kind of wish there was a picture of the the parking lot of the overload and actually the rear entrance, but other than that, I think you met all the requirements. I'll be voting yes,
>> Miss Little. >> Yes, Mr. Chairman. Um, I agree that the applicants have met the requirements. Uh, with the additional parking and the information provided, um, I do think it's a good plan and I
will be voting yes. >> Mr. Graves, >> I feel it's a clean application, no negative impact on the community. I'll be supportive of the application. >> Miss Martin. >> Thank you, Mr. Chairman. And after hearing the testimony this evening, I do think that the site is well suited for
the use. So I will be voting yes. >> Mr. Wy. >> Yes, Mr. Chairman. I think this is a nice good clean application. I the location is well suited for this project and I believe there's adequate parking
as well and I think it's a good fit for this use. And I'm going to vote yes. >> Mr. McNeel. >> Thank you, Mr. Chairman. I would agree that the proposed use is is well suited for this location.
I also would agree that the supplemental parking remedies the the issue brought up because of lack of parking and I too will be voting yes. >> Miss Scott, >> yes, I agree with my colleagues on
everything that's probably been said. Very clean application. And I also like the way that the planner did expose the fact that for beginner businesses, this is an opportunity to start your business before you actually have to have overhead and a whole bunch of other different costs. So that was a good look
for that. Um, so I will also be voting yes for the application. >> Miss Ricketts, >> I too agree with all of my colleagues here with all the comments that they did say. It is a very good clean application as well as the separation of all the
businesses. you did a very good job with that. So, I too would be willing to support it. >> As for myself, uh based on tonight's testimony, the variances requested are justified by showing that the property is well suited the proposed use. I see
no negative impact or detriments to this application. Good, clean application like my colleagues have stated. So, I too will be voting yes for this application. At this time, I have a motion and a second.
Mr. Chairman, I move that the board grant the variances applicable to this application and that council is directed to prepare a resolution consistent with the board's decision. >> Second. >> Roll call. >> Mr. Wy, >> yes. >> Mortens, >> yes.
>> Mr. Bentea, >> yes. >> M Scott, >> yes. >> Mr. McNeel, >> yes. >> M. Little >> Yes. >> Mr. Champion. >> Yes. >> Thank you. >> February 18th. February 18th. >> Yes. Okay. Board's passage of the resolution.
>> Thank you, >> Mr. Chairman. There being no further business coming before the board, I move that we adjourn. >> All in favor? >> Opposed? So moved.