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[1. Call to Order]

[00:00:13]

I LIKE TO CALL THE ORDER OF THE AUGUST MEETING OF THE NEWBURN BOARD OF ADJUSTMENTS.

UM, RIGHT ON TIME.

SIX O'CLOCK UH, CHEF, COULD WE HAVE

[2. Roll Call]

ROLL CALL? YES, SIR.

IT WAS CHAMPION PETER DYLAN, PRESIDENT JIM MORRISON HERE.

UM, JOHN BRIGGS.

TELL HIM YOUR GET PAIR GOING HERE.

BARBARA SAMPSON JOHNSON FOSTER ROSSBY HERE.

WE HAVE A QUORUM.

YOU HAVE A QUAN? YEAH.

MR. CHAIRMAN.

YES.

WISH TO ANNOUNCE I'VE RESIGNED FROM THE BOARD OF ADJUSTMENT.

I'LL REMAIN TONIGHT IN THE AUDIENCE, BUT, UH, MY RESIGNATION'S EFFECTIVE TOMORROW.

WHERE'S YOUR, IS YOUR RESIGNATION EFFECTIVE THIS MEETING OR TOMORROW? THAT'S YOUR CHOICE.

OKAY.

I THINK OUT OF AN ABUNDANCE OF CLARITY PROBABLY TODAY WOULD BE TODAY EFFECTIVE TODAY.

MY MISUNDERSTANDING.

OKAY.

WELL, THANK YOU JIMMY, FOR YOUR YEARS OF SERVICE HERE ON THE BOARD OF ADJUSTMENT AND GOOD LUCK ON THE HPC.

OKAY.

UH, FOR THOSE IN THE AUDIENCE THAT DOES NOT AFFECT THE QUORUM, THE QUORUM HAD BEEN PREVIOUSLY ESTABLISHED, SO WE CAN CONTINUE TO DO OFFICIAL BUSINESS THIS EVENING.

UM,

[Additional Item]

NEXT ORDER OF BUSINESS IS THE APPROVAL OF MINUTES OF THE MAY 23RD, 2022 MEETING OF THE BOARD OF ADJUSTMENTS.

I THINK FIRSTLY, MR. CHAIR, I'M NOT SURE IF THAT'S INDICATED ON THE PRINTED AGENDA.

SO YOU MIGHT WANT TO GET CONSENSUS FROM THE MEMBERS TO ADD THAT ITEM TO TONIGHT'S AGENDA.

OKAY.

CAN WE HAVE A MOTION FROM SOMEONE ON THE BOARD TO ADD THE APPROVAL OF MINUTES TO THE AGENDA FOR THIS EVENING? I'LL MAKE THE MOTION TO ADD THAT TO THE AGENDA.

SECOND, HAVE A MOTION AND A SECOND.

ANY DISCUSSION, IF NOT, THEREBY SIGNIFY BY SAYING AYE.

POST LIKE SIDE.

SO WE HAVE ADDED TO THE AGENDA, THE APPROVAL OF THE MINUTES OF THE MAY 23RD, 2022 MEETING.

ANY COMMENTS ABOUT THE MINUTES AS HAVE BEEN PRESENTED? UM, THERE WERE SOME CORRECTIONS THAT JIM FORD, ME, THAT I GOT MADE TO THAT.

OKAY.

THERE SHOULD BE GOOD.

AND WE NEED TO MAKE THE MOTION.

OKAY.

UH, MAKE A MOTION TO APPROVE THE MINUTES AS AMENDED AND SUBMITTED TO THE SECRETARY.

SECOND, WE HAVE A MOTION AND A SECOND TO APPROVE THE MINUTES OF THE MAY 23RD MEETING, UH, AS THE WRITTEN CHANGES HAD BEEN PREVIOUSLY SUBMITTED TO THE SECRETARY OF THE BOARD.

ANY FURTHER DISCUSSION COMMENTS ABOUT THE MINUTES, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE, AYE.

LIKE TIME MINIATURE APPROVED.

OKAY.

BEFORE WE BEGIN, TONIGHT'S HEARING, UH, LIKE TAKE A MINUTE TO EXPLAIN TO THOSE IN THE AUDIENCE, THE PROCESS, UH, THAT WE'LL BE UNDERTAKING THIS EVENING, SO THAT YOU'LL FEEL COMFORTABLE WITH THE PROCESS AS IT UNFOLDS.

THE BOARD OF ADJUSTMENT IS A QUASI JUDICIAL BOARD.

CONSEQUENTLY, EVERYONE WHO WISHES TO SPEAK TONIGHT'S HEARING MUST BE SWORN IN BEFORE SPEAKING.

THE SECOND IMPORTANT ASPECT OF BEING A QUASI JUDICIAL BOARD IS THAT WE MAY ONLY CONSIDER SUBSTANTIAL AND MATERIAL EVIDENCE.

IN OTHER WORDS, FACTS IN OUR DECISION-MAKING PROCESS, WE CANNOT ACCEPT HEARSAY OPINIONS AND EMOTIONS.

THE FIRST STEP IN THE HEARING PROCESS IS FOR THE APPLICATION FOR THE SPECIAL USE PERMIT TO BE PRESENTED TO THIS BOARD BY THE CITY STAFF, FOLLOWING STAFF PRESENTATION, THE BOARD WILL BEGIN TO SOLICIT FACTS CONCERNING SIX REQUIREMENTS SPECIFIED BY LAW.

AFTER EACH OF THE SIX REQUIREMENTS, THERE WILL BE PUBLIC COMMENT PERIOD WHERE EVIDENCE WILL BE PRESENTED TO THE BOARD.

AFTER ALL SIX ITEMS THAT HAVE BEEN PRESENTED, EVIDENCE HEARD AND CLOSING COMMENTS MADE THE BOARD WILL DELIBERATE AND VOTE ON EACH OF THE REQUIREMENTS.

ONE AT A TIME FOLLOWING THE VOTING, THE BOARD WILL VOTE WHETHER TO APPROVE OR DENY THE APPLICATION.

SO THE FIRST STEP IS TO SWEAR IN THOSE WHO WISH TO SPEAK BEFORE THE BOARD THIS EVENING, SETH,

[3. New Business]

[00:05:27]

THE FIRST ITEM ON THE AGENDA FOR NEW BUSINESS.

THIS EVENING IS CONSIDERATION OF A SPECIAL USE PERMIT REQUEST FOR HOTEL USE CODE 1.510 LOCATED AT 3 0 1 MIDDLE STREET.

PROPERTY IS FURTHER IDENTIFIED AS CRAVING COUNTY PARCEL IDENTIFICATION NUMBER EIGHT DASH 0 0 2.

THAT I SEE THAT 0 6, 4, SETH, WOULD YOU INTRODUCE YES, SIR.

THIS PROJECT.

THANK YOU, MS. SHANNON.

UM, JUST TO ADD TO THAT, THIS IS THE FORMER ELK'S LODGE IT'S CURRENTLY, UM, VACANT, AND YOU CAN SEE THAT WHAT'S A STAR ON THE SCREEN HERE, THE LOCATION YOU GUYS CAN SEE IT.

UM, THE CORNER OF POLLOCK STREET IN THE MIDDLE, WE'VE GOT A SCENE HERE.

YOU CAN SEE THE SUBJECT PARCEL HIGHLIGHTED IN BLUE, AND I'VE GOT A NICE SHOT OF THE ELKS BUILDING.

PROBABLY THE PROPERTY IS IN A C1 ZONING DISTRICT.

CAUSE YOU CAN SEE A COPY OF THE OFFICIAL ZONING MAP.

UM, AND THE HOTEL MOTEL USE AND C1 IS A SPECIAL USE TONIGHT'S MEETING.

THE, UM, APPLICATION WAS PROPERLY POSTED AND UM, JASON PROPERTY OWNER NOTICES SENT, WE HAVE A COPY OF THE SITE PLAN, WENT TO THE DESIGN REVIEW COMMITTEE, REPROCESS A LITTLE BIT OF A, A CLOSE IN HERE.

I WANTED TO POINT OUT TO THE BOARD AND THE FOLKS HERE THAT THERE IS NOT ANY PARKING SHOWN ON THE SITE PLAN.

AND THE REASON FOR THAT, ONE OF THE PARCEL DOESN'T ALLOW FOR IT.

BUT THIS PROPERTY IS LOCATED.

AND THIS COMES DOWN TO AS THE CENTRAL RETAIL CORE, WHICH IS ADOPTED, IS SECTION 15 DASH 3 4 3 E OF CITY CODE, WHICH IS EXEMPT PROPERTIES IN THIS DISTRICT FROM OFF-STREET PARKING REQUIREMENTS.

HOWEVER, THE OWNERS HAVE A PURCHASE, A PIECE OF LAND ON THE BACKSIDE OF THAT SAME CITY BLOCK, IT'S ADDRESS 3 0 8 HANCOCK STREET, AND THAT'S GOING TO BE CONVERTED INTO A PARKING LOT FOR HOTEL GUESTS FURTHER.

THE APPLICANT HAS INDICATED THEY WILL LIKELY REQUEST THAT THEY OF EXISTING ON STREET PARKING SPACES FOR A LOADING AND UNLOADING ZONE FOR THE HOTEL GUESTS, WHICH UM, STAFF AGREES IS, UM, WILL BE NECESSARY FOR THE SMOOTH TRAFFIC FLOOD VERSUS FOLKS TRYING TO STOP IN THE, UH, MOTION LANES FOR LOADING AND UNLOADING.

UM, BUT FURTHERMORE, THE, ANY ENCUMBERING OF EXISTING PARKING SPACES CAN ONLY BE GRANTED BY THE BOARD OF ALDERMAN SO THAT ANY PROPOSAL WILL HAVE TO GO BEFORE THAT BOARD, UM, AT SOMETIME INTO THE FUTURE.

SO WE RECOMMEND, UM, AT THIS POINT, THIS BE A CONDITION OF ESPECIALLY PERMIT ANY LOADING AND LOADING ZONE MUST BE APPROVED BY THE BOARD OF ALDERMAN PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICH COULD BE A FEW YEARS DOWN THE ROAD, DEPENDING ON HOW LONG, UM, RENOVATIONS TAKE.

AND SO I'VE GOT A MAP HERE THAT SHOWS THE CENTRAL RECALL RETAIL CORE.

WE'RE TALKING ABOUT IT'S FROM HANCOCK ON THE WEST CRAVEN STREET, THE EAST SIDE OF CRAVEN STREET TO THE EAST, SOUTH FRONT TO THE SOUTH, AND THEN NORTH SIDE OF BROAD STREET MAKING UP THE NORTHERN BORDER.

AND YOU CAN SEE OUR PROPERTY AGAIN WITH THE STAR AND THIS PHOTOGRAPH, YOU CAN SEE THE, UM, THE PARCEL OF LAND AT 3 0 8.

HANCOCK IS GOING TO BE DEDICATED PARKING FOR THE HOTEL GUESTS.

WE DISCUSSED THE, UM, THIS PHOTOGRAPH.

YOU CAN SEE THIS, UH, THE FRONTAGE OF THE STRUCTURE ON POLLOCK STREET AND THAT'S WHERE THE MOST LIKELY LOADING UNLOADING LOADING UNLOADING ZONE WILL BE THIS THREE OR FOUR PARKING SPACES.

UM, ALONG THE FRONT, THERE WOULD BE THE, UM, THE SUBJECT OF THE REQUEST, THE PROJECT THAT WAS CONDITIONALLY APPROVED BY THE CITY'S DEVELOPMENT

[00:10:01]

REVIEW COMMITTEE.

UM, AUGUST 12TH, 2022 STAFF FINDS THE PROPOSED PROJECT IS CONSISTENT WITH THE PLAN RULES AND REGULATIONS OF THE CITY OF NEW BERN WITH NO FURTHER CHANGES.

ACCORDING TO SECTION 15, 1 46 OF THE LAND USE ORDINANCE, A HOTEL MUST FIRST OBTAIN A SPECIAL USE PERMIT TO OPERATE IN THE C1 ZONING DISTRICT STAFF FINDS AS THE AFRICAN HAS MET ALL THE LAND USE REQUIREMENTS, UH, 16, UH, SECTION 15 DASH 54 FOR A SPECIAL USE PERMIT WITH THE FOLLOWING CONDITION.

AGAIN, LOADING UNLOADING ZONE ENCUMBERING EXISTING ON STREET.

PARKING MUST BE APPROVED BY THE BOARD OF ALDERMAN PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE HOTEL.

ANY QUESTIONS FOR STAFF? THANK YOU.

ANYBODY HAVE ANY QUESTIONS FOR SETH? ALL RIGHT.

THIS TIME I'D LIKE TO ASK THE APPLICANT IF THEY WOULD LIKE TO COME FORWARD AND GIVE US THE LOWDOWN, HOLD THIS PROJECT.

THANK YOU, MR. CHAIRMAN.

GOOD EVENING.

MY NAME IS CHRISTIAN .

I'M THE APPLICANT FOR THE SPECIAL USE PERMIT AND WE ARE, WE ARE VERY EXCITED TO BE HERE WITH YOU ALL THIS EVENING.

UH, ONE STEP IN A PROCESS OF RENEWING AND REVIVING THE HISTORIC ELKS TEMPLE HERE IN NEWBURGH.

UM, AS I SAID, MY NAME IS CHRISTIAN .

I'M AN ARCHITECT AND START PRESERVATIONIST.

I'M JOINED THIS EVENING BY ADJACENT HAMMOND, WHO WILL BE THE PROJECT MANAGER, UH, AND, UH, SARAH WARD, WHO IS A HISTORIC PRESERVATION EXPERT.

SO, UM, WE ARE HERE AS, UH, AS, UH, SETH MENTIONED FOR THE SPECIAL USE PERMIT FOR THE HOTEL USE WITHIN THIS BUILDING, UM, ON THIS SITE.

AND WE'RE HAPPY ANSWER ANY QUESTIONS ABOUT THAT.

AS A STAFF MENTIONED, THE SITE PLAN WAS SUBMITTED AND REVIEWED, AND WE'VE BEEN DIALOGUING WITH THE CITY STAFF HERE IN NEWBURN.

WE'RE VERY APPRECIATIVE OF EVERYONE'S HELP AND SUPPORT.

AND THEN AFTER THIS EVENING, WE WILL BE CONTINUING ON WITH THE HARD WORK OF WORKING ON THE PLANS FOR THE BUILDING SO THAT WE CAN BRING THEM FORWARD TO THE HISTORIC PRESERVATION COMMISSION.

SO THERE'S GOT TO BE OUR NEXT STEP, UH, AFTER THIS EVENING.

SO, UM, I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU'LL HAVE ABOUT THE, ABOUT THE, UH, APPLICATION.

YOU WOULD HAVE QUESTIONS FOR THE APPLICANT.

I HAVE A FEW, JUST, JUST A FEW, UH, THE PROPOSED PARKING SPACES THAT WOULD BE ENCUMBERED, UH, FOR THE LOADING AND UNLOADING ZONE.

UH, SETH, YOU MENTIONED IT MIGHT BE THREE TO FOUR.

WELL, WHAT DOES THAT END UP IN DIMENSIONS AS FAR AS DO WE KNOW? SO THE LENGTH OF IT AS AN EXAMPLE, IT WOULD BE EXISTING NORMAL LIFE PARKING SPACES THAT MAY BE ADJACENT TO THE BUILDING.

AND THAT WOULD BE SOMETHING THAT WE WOULD BE REVIEWING WITH THE ALDERMAN, ULTIMATELY, AS WE MOVE FORWARD WITH THE PROJECT, BUT THEY WOULD BE TYPICALLY WHAT WE SEE IN A HISTORIC BUILDING LIKE THIS IS THAT THOSE SPACES IMMEDIATELY ADJACENT TO THE HOTEL THAT ARE NEEDED FOR LOADING ARE THE ONES THAT, SO BASICALLY AN AMPLE AMOUNT FOR SOMEONE TO PULL IN AND THEN PULL BACK OUT AGAIN.

THAT'S RIGHT, RIGHT.

UM, BOARD MEMBER DEALING AT LEAST BY CURRENT CODE WITH PARALLEL PARKING SPACES MEASURED NINE FEET BY 22 FEET.

AND THESE HAVE BEEN HERE FOR SOME TIME.

I DON'T, I'D HAVE TO REMEMBER, WE GO WITH, WE'LL GO WITH NINE BY 22.

YEAH.

AND A SECOND PART OF THE QUESTION WOULD BE WITH THE ENCUMBRANCE.

DOES THAT PRECLUDE ANY, ANY OTHER SPECIAL THINGS FOR ADA OR ANYTHING LIKE THAT? BECAUSE IT'S SO LOADING AND UNLOADING ZONE TYPICALLY WILL ACTUALLY ACCOMMODATE, YOU KNOW, LOADING AND UNLOADING FOR IF SOMEONE ARRIVES AT THE PROPERTY, IT ACTUALLY ENHANCES THE ABILITY TO LOAD AND UNLOAD RIGHT OUT THE DOOR.

SO FOR, FROM AN ADA STANDPOINT, OKAY, THAT'S KIND OF WOVEN INTO THE WHOLE PURPOSE OF HAVING THAT, THAT.

SO FOR, FOR DROP-OFF AND PICKUP, IS THERE AN ESTIMATE OF HOW MANY HOTEL ROOMS YOU'LL BE ABLE TO WORK OUT? WE WERE STUDYING THE BUILDING NOW WE BELIEVE IT WILL BE APPROXIMATELY 45 HOTEL ROOMS ON THE UPPER LEVELS.

OKAY.

THERE'S NO REAL WHEN YOUR ISSUE IS PARKING SPACE BEING FILED, WE'RE GOING TO BE A HOTEL OR BOUTIQUE IN A COFFEE SHOP.

I KNOW YOU NEED SOME PARKING SPOTS, SO WHERE THE OTHER POCKETS BATS.

SO THE, THE ZONE THAT WE'RE IN IS, IS ACTUALLY A PARKING EXEMPT ZONE WITHIN THE CITY BECAUSE THIS HISTORIC BUILDING BUILT IN 1908 WAS BUILT BEFORE THE ORDINANCE AND BEFORE.

AND SO THIS, THIS ZONE OF THE CITY DOES NOT REQUIRE PARKLAND.

UH, HOWEVER WE DO AS A PART OF THIS PROJECT, WE DO HAVE THIS ADDITIONAL PARCEL THAT STAFF MENTIONED THAT WE WOULD BE USING FOR

[00:15:01]

PARKING TO SUPPORT THE PROPERTY.

AND WE ACTUALLY WILL BE COMING BACK TO THIS CREW WHEN THOSE PLANETS ARE READY TO, TO SEEK PERMISSION FOR THAT USE ON THAT PARCEL.

SO THAT'S WHAT THAT WILL BE A FUTURE APPLICATION, UH, TO, TO THIS BOARD.

ANY OTHER QUESTIONS FOR THE APPLICANT? IF NOT, THANK YOU, SIR.

APPRECIATE IT, MR. CHAIR, JUST AS A POINT OF CLARITY, I THINK THE APPLICANT BROUGHT SOME ADDITIONAL DRAWINGS TO DEMONSTRATE SOME ADDITIONAL USES.

I THINK THE PRIMARY USE OF THE PARCEL AS IS INDICATED IN THE APPLICATION AS A HOTEL, BUT AS COMMISSIONER SAMSON INDICATED THERE'S A COFFEE SHOP, A RESTAURANT, AND SOME OTHER ADDITIONAL USES AND THE APPLICANT IS PREPARED TO ADDRESS THOSE AS WELL.

OKAY.

I WAS GOING TO DEAL WITH THAT UNDER NUMBER ONE, BUT THAT'S OKAY.

THAT'S OKAY.

THAT'S OKAY.

IS IT MORE APPROPRIATE TO DO IT NOW THAN WHEN WE START THE PROCESS? YOU CAN DO IT EITHER WAY THAT THE APPLICANT IS WORN.

SO YOU CAN CONSIDER WHAT HE'S TALKING ABOUT NOW IS YOUR EVIDENCE OKAY.

IF YOU WILL.

AND AGAIN, FOR THOSE IN THE AUDIENCE, UH, TO HAVE A COMPLETED APPLICATION CONSIDERED, UH, WE NEED TO SEE SOME PLANS OF EVERYTHING THE ENTIRE USE OF THE BUILDING IS FOR HOTEL, BUT ALL WE HAVE AS A DRAWING IS THE FIRST FLOOR, WHICH IS NOT THE HOTEL PER SE.

SO IF YOU COULD SHARE WITH US SOME IDEAS ABOUT THE OTHER FLOOR, USE THE HOTEL, USE, UH, OF THE BUILDING, THEN WE CAN, UH, HAVE THE CONSIDERATION OF A MORE COMPLETE APPLICATION HAVING BEEN SUBMITTED.

VERY GOOD.

YES.

I WOULD BE HAPPY TO DO THAT.

UM, THE IMAGE THAT'S ON, ON THE SCREEN NOW IS ONE OF THE HISTORIC POSTCARDS OF THE ELKS TEMPLE, UM, SHORTLY AFTER ITS CONSTRUCTION.

AND WHAT YOU SEE HERE IS A MIXED USE BUILDING AND THE, UH, SPIRIT OF MANY MAIN STREET BUILDINGS HERE IN NEW BERN, THIS, UH, BEING A PARTICULARLY GOOD EXAMPLE.

AND WHAT YOU'LL SEE IS THAT IT'S A BUILDING THAT HAS A FRONTAGE AT THE STREET LEVEL WHERE DIFFERENT BUSINESSES ACTIVATE AND HAVE ENTRANCES RIGHT THERE ON THE STREET AND SIDEWALK.

AND THEN THE UPPER LEVEL UPPER LEVELS ARE FOR OTHER USES IN THE BUILDING HAS HISTORICALLY HAD MANY MIXED COMMERCIAL USES IN THE UPPER LEVELS OVER THE YEARS, AS LONG AS WELL AS THE CLUB ROOMS AND THE MEETING ROOMS FOR THE ORIGINAL FOUNDERS OF THE BUILDINGS, THE ELKS CLUB.

UM, SO THAT'S JUST AN OVERVIEW.

SO AS WE LOOK AT THE BUILDING LEVEL BY LEVEL, WE, I CAN GIVE YOU AN OVERVIEW OF OUR CONCEPTUAL PLANS AND HOW THOSE USES WOULD BE DISTRIBUTED WITHIN THE BUILDING.

THE IMAGE ON A SCREEN HERE IS THE OLD, UH, GASKINS SODA SHOP, WHICH WAS ONE OF MORE REMEMBERED USES ON THE CORNER THERE, POLLOCK AND MIDDLE STREET THERE FOR MANY YEARS LATER WOULD BECOME A DIXON, I THINK, ARE THE DIXON.

SO THAT'S ALWAYS BEEN AN IMPORTANT, AND I THINK AS WE'VE STUDIED THIS BUILDING, IT'S REALLY IMPORTANT TO GO BACK TO THE, TO THE STOREFRONT.

SO WE LOOKED AT, UH, RESTORATION OF THE FACADES AND THE MISSING ELEMENTS OF THE STORE.

WE GO BACK THROUGH THE HISTORIC PHOTOGRAPHS WOULD BE FROM A PRESERVATION POINT OF VIEW, REALLY STUDYING THE CHARACTER OF THE OLD TRADITIONAL ENTRANCES THAT WERE THERE THAT HAVE BEEN MODIFIED OVER TIME AND THE 1950S AND THE 1970S.

SO REALLY BRINGING BACK THOSE HISTORICAL STOREFRONTS.

THIS IS THE MIDDLE STREET, THE FACADE THAT'S ON THE SCREEN NOW WITH THE THREE LARGER RECTANGULAR, AND THEN ON APOLLO STREET WHERE THE BUILDING PRESENTS FOUR ARCHED OPENINGS AND ONE RECTANGULAR OPENING.

THAT'S THE CORNER.

THE TERM IS FROM, UH, FROM MIDDLE STREET.

SO ARE OUR PLANS TO RESTORE EACH OF THE OPENINGS TO ITS ORIGINAL CONFIGURATION, AS BEST AS CAN BE DETERMINED FROM HISTORIC EVIDENCE, UM, SO THAT THEY CAN BE ACTIVE AND BUILDING.

SO AS WE LOOK AT THE, UH, AT THE STREET LEVEL, REALLY BANG LEVEL, THE BUILDING, THE PLAN IS FOR A RESTAURANT AND RESTAURANT BAR TO BE LOCATED ALONG THE MIDDLE STREET FRONTAGE.

UM, WITH THOSE THREE ACTIVE DOORS AND AN ACTIVE DOOR ON THE CORNER OF POLITICS FREE THE, THE CENTRAL ENTRANCE TO THE UPPER LEVELS.

IT REMAINS IN ITS HISTORIC LOCATION ON POLITICS THREE, AND THEN THE FOLLOWING TWO ENTRANCES WOULD BE FOR AN ADDITIONAL COMMERCIAL STAY.

SO WE'RE PLANTING AS A COFFEE SHOP.

SO THE STREET LEVEL USES ARE REALLY PRIMARILY FOCUSED ON THE TWO MAIN ADVANTAGES OF THE BUILDING ON MIDDLE STREET, ON POLLOCK STREET,

[00:20:02]

THERE IS ONE ADDITIONAL COMMERCIAL SPACE BELOW THE LOWER LEVEL THAT WE ARE, ARE APPLYING HERE THAT THERE'S A STAIR ALONG POLIC STREET THAT LEADS DOWN TO COMMERCIAL SPACE DOWN BELOW.

THAT ALSO HAS BEEN MANY THINGS OVER THE YEARS, UH, BUT ALSO BEEN VACANT FOR A LONG TIME.

UM, BUT OUR THINKING THERE IS TO EXTEND, UH, SOME OF THE USE FROM ABOVE AND HAVE A SPEAK EASY, UH, UH, BAR DOWN BELOW IN THAT LOWER LEVEL OF SPACE IN THE BASEMENT.

SO ALL TOGETHER, WE SEE THE RESTAURANT AND BAR BEING APPROXIMATELY 2000 SQUARE FEET OF THE BUILDING, THE COFFEE SHOP, APPROXIMATELY 800 SQUARE FEET AND THE SPEAKEASY APPROXIMATELY 1200 SQUARE FEET.

SO THAT'S APPROXIMATELY 4,000 SQUARE FEET IN THE BUILDING, WHICH IS APPROXIMATELY 41,000 SQUARE FEET.

SO ABOUT 10% WOULD BE THESE EXTRA USES THAT ACTIVATE THE STREET.

THE UPPER LEVEL IS, AS WE'VE MENTIONED BEFORE, WOULD BE, UH, MAYBE THE GUESTS OR THE HOTEL APPROXIMATELY 45.

AND THERE ARE SOME, UM, SOME MEETING SPACES UP THERE HISTORICALLY THAT WE'RE LOOKING AT RESTORING AS WELL.

OKAY.

ANY QUESTIONS BASED ON THAT PRESENTATION AND SETH, ALL THE, ALL THE RETAIL USES THAT WERE DESCRIBED FOR THE FIRST FLOOR, THEY DON'T REQUIRE A SPECIAL USE PERMIT, CORRECT? THOSE ARE PERMITTED BY WRITING.

OKAY.

SO THAT'S WHY THE HOTEL IS THE ONLY THING THAT WE'RE DEALING WITH THIS EVENING IS, AND THAT'S THE ONLY THING THAT REQUIRES A SPECIAL USE PERMIT.

OKAY.

I GUESS THAT OCCASION IS THE QUESTION ON MY PART AGAIN.

UM, ARE WE, ARE WE GOING TO REVISIT THIS TO A CERTAIN EXTENT ONCE THE DESIGN IS LAID OUT FOR THE HOTEL IN ISSUES OF LIFE SAFETY AND THINGS LIKE THAT, OR, UH, NO, THAT DOCTOR, MY KNOWLEDGE, IF WE ISSUE THE SPECIAL USE PERMIT, THEY'RE FREE TO GO FORTH AND, AND CREATE THIS DOCUMENT, WHICH WILL BE THEN TURNED THE BUILDING PLANS AND SO FORTH AND CORRECT ME IF I'M WRONG WILL BE SUBMITTED TO THE CITY FOR CODE, UH, COMPLIANCE AND THINGS OF THAT NATURE.

I DO NOT BELIEVE THAT THIS WILL COME BACK TO THE BOARD OF ADJUSTMENTS.

OKAY.

NO, SIR.

THAT'S CORRECT.

YEAH.

BUT MR. CHAIR, JUST TO ADD TO YOUR COMMENTS, ANY OF THOSE HATE THE CELL HEALTH AND SAFETY, EXCUSE ME, HEALTH AND SAFETY, UM, ISSUES SHOULD BE, THOSE ARE INQUIRIES FOR YOU TO MAKE TONIGHT.

SO IF YOU HAVE ANY QUESTIONS ABOUT THOSE ELEMENTS, YOU CAN PROPOSE THEM TO THE APPLICANT.

OKAY.

YEAH.

ITEM NUMBER FOUR.

WE'LL DEAL WITH THAT WHEN WE GET TO IT.

OKAY.

THANK YOU SO MUCH.

APPRECIATE IT.

ALRIGHT, THANK YOU.

HEY, AT THIS TIME, WE'LL BEGIN GOING THROUGH THE SIX STEP PROCESS, UH, REQUIREMENT FOR A SPECIAL USE PERMIT AND THE EACH STEP THAT WE GO THROUGH, BE A TIME FOR PUBLIC COMMENT ON EACH OF THESE SIX ELEMENTS.

SO THAT'LL BE THE TIME THAT WE, UH, HAVE FOR PUBLIC INPUT AS WE GO FORWARD.

OKAY.

THE FIRST REQUIREMENT FOR A SPECIAL USE PERMIT IS THAT THE REQUESTED PERMIT IS WITHIN HIS JURISDICTION.

ACCORDING TO THE TABLE OF PERMISSIBLE USES AS THE APPLICANT LIKE TO MAKE ANY COMMENTS REGARDING THAT IT'S NOT REQUIRED, BUT YES, UH, THE HOTEL IS A PERMITTED USE IN THIS DISTRICT WITH A BIAS EXCEPTION BY THE BOARD OF ADJUSTMENT STANDING.

AND I BELIEVE THAT'S PRESENTED BY STAFF.

OKAY.

THANK YOU.

IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO COME FORTH AND SPEAK TO ITEM NUMBER ONE, WHICH IS THAT THE REQUESTED PERMIT IS WITHIN ITS JURISDICTION, ACCORDING TO THE TABLE PERMISSION BILL USES.

OKAY.

ANYONE IN THE BOARD HAVE ANY QUESTIONS ABOUT REQUIREMENT? NUMBER ONE? NO.

OKAY.

WE WILL THEN MOVE FORWARD HEARING NO PUBLIC COMMENT.

WE'LL MOVE FORWARD TO THE REQUIREMENT.

NUMBER TWO, WHICH IS THAT THE APPLICATION FOR A SPECIAL USE PERMIT IS COMPLETE.

THIS IS WHERE I THINK THAT WE WANT TO, AS A BOARD, UH, ACCEPT THE PRESENTATION THAT WAS PREVIOUSLY PRESENTED TO US JUST A LITTLE WHILE AGO, AS PART OF THE APPLICATION, UH,

[00:25:01]

OUTLINING THE COMPLETE USE OF THE BUILDING FROM ONE END, FROM BASEMENT UP AND THEREFORE THAT IT WILL BE ENTERED INTO THE RECORD THAT THOSE THINGS WERE, UH, SHOWN TO THE BOARD WHERE CONSIDERATION ANY COMMENTS FROM THE APPLICANT ABOUT WHETHER THE APPLICATION IS COMPLETE? NO, I RESPECTFULLY, UH, APPRECIATED THE OPPORTUNITY TO SHARE THE PROJECTED USES FROM THE DOLAN FROM TOP TO BOTTOM.

OKAY.

THANK YOU.

IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO ITEM NUMBER TWO, WHICH IS THE APPLICATION IS COMPLETE AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD? MY NAME IS MIKE DUFFY.

I LIVE AT 1 21 MORNING DON'T TRAIL HERE IN NEW PARENTS.

SO, AND I JUST LIKE TO SAY, I THINK THAT, UM, OUR CASTING GROUP HAS SHOWN GREAT RESPECT FOR OUR HISTORY AND BASED UPON THEIR WORK IN OTHER CITIES AND SO ON AND SO FORTH.

I HAVE NO DOUBT THAT THEY'LL COMPLETE A VERY SUITABLE HOTEL FOR THE CITY THAT, UH, FITS VERY WELL WITH OUR OBJECTIVES HERE.

WE HAVE PEOPLE COMING OUT OF THE VOLT CENTER, LEARNING THE TRADES THAT ARE NEEDED TO HELP WITH WORK LIKE THIS.

AND, UM, WE CAN CERTAINLY USE THE EXTRA REVENUE TO FINISH, YOU KNOW, FIXING THE REST OF THE CITY.

THIS IS, YOU KNOW, SOME PARTS OF THE CITY REALLY NEED THE HELP.

SO THANK YOU VERY MUCH FOR YOUR TIME.

OKAY.

DID ANYONE ELSE LIKE TO COMMENT ON ITEM NUMBER TWO? THE APPLICATION IS COMPLETE SEEING NO ONE APPROACHED THE PODIUM.

WE WILL MOVE ON TO ITEM NUMBER THREE, IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY ALL THE REQUIREMENTS OF THIS ORDINANCE.

AGAIN, THE APPLICANT HAS AN OPPORTUNITY TO SAY SOMETHING, IF HE CARES TO, UM, JUST TO SAY THE PRESERVATION AND ADAPTIVE REHABILITATION OF THIS HISTORIC PROPERTY WILL COMPLY WITH ALL THE REQUIREMENTS OF THE ORDINANCE.

THANK YOU.

NOW'S THE TIME FOR ANYONE IN THE AUDIENCE THAT WOULD LIKE TO COMMENT ABOUT A REQUIREMENT? NUMBER THREE, UH, THAT DEVELOPMENT WILL COMPLY WITH THE REQUIREMENTS OF THE ORDINANCE.

YOU'RE WELCOME TO ADDRESS THE BOARD.

SEEING NO ONE, WE WILL MOVE ON TO ITEM NUMBER FOUR, REQUIREMENT.

NUMBER FOUR, THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED.

ACCORDING TO THE PLAN AS SUBMITTED AGAIN, THE APPLICANT HAS FIRST SHOT AT THAT.

UM, THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.

UH, RATHER IT WILL ENHANCE SAFETY BY STRUCTURALLY STABILIZING, A DETERIORATING HISTORIC STRUCTURE, BRINGING IT INTO COMPLIANCE WITH APPLICABLE CURRENT BUILDING AND LIFE SAFETY CODES.

AND TO ANSWER MR. DILLON'S PREVIOUS QUESTION THAT WILL BE REVIEWED OF COURSE, WITH THE BUILDING DEPARTMENT, BUT THERE WILL BE ADDITIONAL LIFE SAFETY AND BUILDING EXITING AND DEEP REST SYSTEMS ADDED TO THE BUILDING.

ANYONE LIKE TO IN THE AUDIENCE, THIS IS YOUR OPPORTUNITY TO COMMENT ON ITEM NUMBER FOUR, THAT THE USUAL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED, ACCORDING TO THE PLAN AS SUBMITTED AND SHOWN TO US THIS EVENING.

OKAY.

SEE, NO ONE APPROACH WE'LL MOVE ON TO REQUIREMENT.

NUMBER FIVE, THE USUAL NOT SUBSTANTIALLY REDUCED THE VALUE OF A JOINT OR A BUDDING PROPERTY, OR THAT THAT USE IS A PUBLIC NECESSITY.

THE APPLICANT THIS USE WILL NOT PRODUCE THE VALUE OF ADJOINING PROPERTIES.

RATHER IT WILL ENHANCE THE VALUE OF ENJOINING PROPERTIES BY RESTORING A BEAUTIFUL HISTORIC LANDMARK AND ENCOURAGE A VIBRANT STREET SCAPE WITH ACTIVE GROUND FLOOR USES.

THANK YOU, SIR.

IT'S OPPORTUNITY FOR THE PUBLIC COMMENT ON ITEM NUMBER FIVE, THAT THE USUAL NOT SUBSTANTIALLY REDUCED THE VALUE OF ADJOINING OR BUDDING PROPERTY COME FORWARD AND STATE YOUR NAME AND ADDRESS PETER BUFFET JR.

TWO 13 SHORT OF YOUR DRIVE, NEW BERN, NORTH CAROLINA.

APPRECIATE YOUR OPPORTUNITY TO SPEAK IN FRONT OF YOU.

WELCOME TO NEWBURGH.

I HOPE YOU FIND YOUR IS FRIENDLY AND HOSPITABLE AS I DID 17 YEARS.

SO YOU TALKED ABOUT AN ASSET FALL, TOLD ME A LONG TIME GO SEE IS BELIEVING.

SO

[00:30:01]

BACK IN MAY FOR MY 29TH WEDDING ANNIVERSARY, MY WIFE AND I WENT TO CHARLOTTE AND WE HAD THE OPPORTUNITY TO STAY IN CHARLOTTE AND VISIT THE GRAND BOHEMIAN KESSLER GROUP BUILDING.

OKAY.

UM, IT'S ABSOLUTELY PHENOMENAL.

OKAY.

FROM THE FRONT DOOR IS, IS BEAUTIFUL THERE.

THE LOBBY YOU'VE TALKED ABOUT THE LOBBY AND THE, UM, THE FOOD AREA, PEOPLE WALK IN AND HAVE LUNCH THERE.

I MEAN, IT'S, I MEAN, I JUST CAN'T TELL YOU HOW PHENOMENAL IT LOOKS FROM, FROM THE AREA AROUND THE FIRST FLOOR TO THE LOBBY, TO THE UPSTAIRS, THE HALLWAYS, IT'S AN ASSET.

BELIEVE ME, IT'S GOING TO BE AN ASSET.

IF THEY PUT THE SAME AMOUNT OF TIME, EFFORT, AND MONEY INTO THIS BUILDING THAT THEY DID THERE IT'LL BE A JUUL FOR THE CITY OF NEWBURGH.

SO IT'S A SEEING IS BELIEVING, GO UP TO CHARLOTTE, LOOK AT THE GRAND BOHEMIAN, IF YOU HAVE ANY QUESTIONS.

OKAY.

THANK YOU VERY MUCH.

IS THERE ANYONE ELSE IN THE AUDIENCE WHO WOULD LIKE TO COMMENT ON ITEM NUMBER FIVE, THAT THE YOUTH WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING PROPERTY? OKAY.

WE'LL MOVE ON TO REQUIREMENT.

NUMBER SIX, THE LOCATION AND CHARACTER OF THE USE.

IF DEVELOPED, ACCORDING TO THE PLAN SUBMITTED AND APPROVED WILL BE IN HARMONY WITH THE AREA IN WHICH IT IS TO BE LOCATED.

AND IN GENERAL CONFORMITY WITH THE PLAN OF DEVELOPMENT OF THE CITY, MR. APPLICANT APPLICANT FIRST, WELL, CLEARLY THE PROJECT WILL BE IN HARMONY WITH THE PLAN AND CHARACTER OF THE HISTORIC CITY OF NEWBURN BY RESTORING AND RE ACTIVATING ONE OF ITS MOST SIGNIFICANT ARCHITECTURAL HISTORIC LANDMARKS.

UM, CLEARLY THE LOCATION ON MIDDLE STREET POLITICS TREE IS A MAIN STREET MAIN STREET CONDITION.

SO ACTIVATING US FROM IT IS CLEARLY IN KEEPING WITH THE HISTORIC NATURE OF THE TOWN AND THE PURPOSE THIS BUILDING WAS BUILT FOR HER.

SO THANK YOU.

THANK YOU, SIR.

PUBLIC COMMENT AGAIN, STATE YOUR NAME AND ADDRESS PLEASE FOR THE RECORD.

YEAH, SAME AS BEFORE MIKE DUFFY, 1 21 MORNING, DOUG TRAIL, NEW BERN, NORTH CAROLINA.

I JUST LIKE TO SAY THAT, YOU KNOW, THE OPPORTUNITY IS HERE NOW AND THAT THE MOST LIKELY OUTCOME, IF WE DON'T MOVE AHEAD WITH THIS, YOU KNOW, THE PROPOSAL THAT WE'VE BEEN GIVEN IS THAT THIS BUILDING IS PROBABLY GOING TO END UP BEING TORN DOWN AND THAT CAN'T BE HELPED ANY MONEY.

THANK YOU, SIR.

ANYONE ELSE LIKE TO COMMENT? OKAY.

SEEING NONE.

WE HAVE BEEN THROUGH ALL SIX STEPS OF THE REQUIREMENTS FOR SPECIAL USE PERMIT, AND WE'VE HAD OPPORTUNITY FOR COMMENT FROM THE PUBLIC.

UM, AT THIS TIME I WOULD ENTERTAIN A MOTION TO CLOSE PUBLIC COMMENT PERIOD ABOUT THE SPECIAL USE PERMIT.

SO YOU HAVE A MOTION SECOND AND A SECOND, A FURTHER DISCUSSION ABOUT CLOSING THE PUBLIC COMMENT, PERIOD, IF NOT ALL IN FAVOR, SIGNIFY BY SAYING, AYE, AYE, AYE.

POST PUBLIC COMMENT IS NOW CLOSED.

AT THIS POINT, WE WILL BRING ALL OF THESE SIX STEPS BACK UP AGAIN FOR DISCUSSION AND COMMENT WITHIN THE BOARD.

AND AFTER EACH DISCUSSION PERIOD ON EACH ONE OF THESE STEPS, THEN THE BOARD WILL VOTE TO APPROVE OR DENY THE APPROVAL OF THAT REQUIREMENT.

SO THAT'S WHERE WE'RE HEADING RIGHT NOW.

OKAY.

REHASH REQUIREMENT.

NUMBER ONE, THE REQUESTED PERMIT IS WITHIN HIS JURISDICTION, ACCORDING TO THE TABLE OR PERMISSIBLE USES FOR COMMENTS, QUESTIONS, BOARD WITH THE CHAIR WILL ENTERTAIN A MOTION.

MR. CHAIRMAN, I MOVE THAT, UH, BASED UPON THE INFORMATION PRESENTED THAT THE REQUEST IS WITHIN THE JURISDICTION AND MEETS THE INTENT OF THE BOARD.

PROGRESSIVELY USES YOU EVER HAVE A MOTION AND A SECOND, ANY FURTHER DISCUSSION? CAN WE HAVE ROLL CALL? YES, SIR.

PETER DYLAN.

I DID MORRISON KIT PARAGUARD.

YES.

BARBARA SAMSON.

YES.

ROSS BABY.

YES.

MOTION PASSES.

OKAY.

REQUIREMENT NUMBER TWO, THE APPLICATION IS COMPLETE.

ANY QUESTIONS OR COMMENTS ABOUT THE BOARD, UH, AND INCLUDING THE, WHAT WE'VE SEEN FOR IN THE EARLIER PRESENTATION

[00:35:01]

FROM THE APPLICANT? NO.

OKAY.

CHAIR WILL ENTERTAIN A MOTION.

I'LL MAKE THE MOTION, RIGHT? YEAH.

JASON IS COMPLETE.

WE HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION, ROLL CALL PETER DYLAN.

I GET BOY.

YES.

BARBARA SAMSON.

ROSS BABY.

YES.

MOTION PASSES.

OKAY.

REQUIREMENT.

NUMBER THREE.

IF COMPLETED, AS IN THE APPLICATION, THE DEVELOPER WILL COMPLY WITH ALL THE REQUIREMENTS OF THIS ORDINANCE.

QUESTIONS OR DISCUSSIONS ABOUT REQUIREMENT.

NUMBER THREE FROM THE BOARD.

YEAH.

HEARING NONE.

I'LL ENTERTAIN A MOTION.

MR. CHAIRMAN, BASED UPON THE SHE PRESENTED, UH, I RECOMMEND IT.

I RECOMMEND THAT THIS WILL COMPLY WITH ALL THE REGULATIONS.

OKAY.

LET'S STEP FOR YOUR SECOND.

WE HAVE A MOTION AND A SECOND PRESENTED TO US A FURTHER QUESTIONS OR DISCUSSION.

IF NOT, WE HAVE ROLL CALL, SIR.

PETER DOLAN.

HI KIP.

YES.

BARBARA SAMSON.

ROSS' BABY.

YES.

PROMOTION PAST.

OKAY.

MOVING ON TO REQUIREMENT.

NUMBER FOUR, THE USUAL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED, ACCORDING TO THE PLAN, AS IT IS SUBMITTED, THE BOARD COMMENT, QUESTIONS.

DISCUSSION.

CAN I ASK A QUESTION THOUGH? UM, I KNOW WHEN IT START DOING THE WORK ON IT, WE'LL LET IT TELL, CUT OFF PROS AND DOWNS WITH SCREENS.

YEAH.

WE, THEY, YOU KNOW, WE HAD CLOSED THE STREETS DOWN, YOU KNOW WHAT I KNOW, USE THEM WHEN THEY BE BUILDING THINGS OR YOU'RE IN THE MODEL THING, THEY CLOSE SECTION THE STREETS OFF.

BUT WHEN YOU ALL HAVE TO DO THAT, GOING TO SPEAK TO THAT.

SURE.

OKAY.

I THINK THE IDEA WOULD BE TO NOT HAVE ANY STREET CLOSERS, UNLESS THEY'RE TEMPORARY TO CONNECT A UTILITY, BUT THE WORK WILL BE LIMITED TO THE BUILDING ITSELF.

AND MOST LIKELY THE SIDEWALKS ADJACENT TO THE BUILDING ITSELF WILL NEED TO BE CLOSED FOR SOME PERIOD OF TIME.

DURING THE EXTERIOR RESTORATION THAT THE STREETS SHOULD REMAIN OPEN.

THE MAJORITY OF THE PIECE OVER THE SIDEWALK, PROBABLY A PROTECTIVE FENCE.

WE WOULD WORK ON THAT WITH THE BUILDING DEPARTMENT TO DETERMINE THE FINAL SAFETY PLAN FOR THAT.

OKAY, BARBARA.

OKAY.

HERE WE HAVE A MOTION AND A SEC, CAN WE HAVE EMOTION? YUP.

I MAKE THE MOTION.

YEAH.

THAT THE, UH, MATERIAL ENDANGER THE PUBLIC HEALTH SAFETY IT'S LOCATED WHERE PROPOSE AND DEVELOP ACCORDING TO THE PLAN AS SUBMITTED.

SECOND, I HAVE A MOTION AND A SECOND, ANY FURTHER COMMENTS OR DISCUSSION WE HAVE ROLL CALL SARAH PETER DOIN.

I KEPT PARAGUAY.

YES.

BARBARA SAMSON AND BRAS.

BABY.

YES.

MOTION PASSES.

OKAY.

WORK TO OUR FAVORITE ITEM, NUMBER FIVE, WHICH IS A TWO-STEP PROCESS.

AND I'M GOING TO KIND OF REVERSE THAT TODAY AND SAY THAT THE FIRST PHASE OF THIS, WE WANT TO DEAL WITH IT.

THAT IS THE USE, THE PUBLIC NECESSITY.

ANY QUESTIONS OR THOUGHTS FROM THE BOARD? IF NOT, I'D ENTERTAIN A MOTION.

I GUESS I HAVE A THOUGHT ON THAT.

OKAY.

I MEAN THE PUMP THAT THAT'S ALWAYS BEEN A PROBLEM FOR ME WITH THE PUBLIC NECESSITY PART OF IT.

HOWEVER, I WOULD SAY BASED UPON SOME OF THE TESTIMONY THAT I'VE HEARD AND THE WITNESSES TESTIMONY, AND BECAUSE IT WILL BENEFIT NEWBURN AS, AS, AS AN OVERALL PROJECT THAT THIS, UH, WILL, WILL DEFINITELY BE A GOOD THING FOR, FOR THE CITY AND CHARACTERIZE IT AS A NECESSITY.

NOPE, TOTALLY AGREE WITH YOU.

BUT I DON'T THINK THAT THE INTENT OF THIS QUESTION IN THAT THIS IS A GOVERNMENTAL TYPE OF REQUIREMENT OR CONDEMNATION OR ANYTHING OF THAT TYPE OF NATURE.

I AGREE WITH YOU A HUNDRED PERCENT, BUT I THINK THE INTENT OF THIS QUESTION IS THAT THAT THIS IS REQUIRED FOR PUBLIC SAFETY USE, UH, AND ENHANCEMENT OF THE PUBLIC.

YEAH.

QUESTIONS FOR THE COMMENTS.

DID WE HAVE A MOTION ON THAT? WE NEED A MOTION THAT IT, IT IS NOT A POSITIVE.

YOUR EMOTION IS THAT IT

[00:40:01]

IS PUBLIC NECESSITY.

OKAY.

UM, YOU'VE MADE THE MOTION.

IS THERE A SECOND? OKAY.

THE MOTION DIES FOR LACK OF A SECOND.

IS THERE A SECOND? EVERY MOMENT I MAY MISUNDERSTOOD QUESTIONING NECESSITY.

UH, MY UNDERSTANDING OF THE QUESTION IS THAT IT IS NOT A PUBLIC NECESSITY AS INTENDED BY THE QUESTION.

IS IT ATTENDED BY THE REGULATIONS? YES.

YES.

I MAKE THE MOTION.

I WOULD I'D MAKE THE MOTION THAT AS THERE AS REQUIRED BY THE REGULATIONS, THIS PROJECT IS NOT A PUBLIC ASSOCIATE.

OKAY.

I HAVE A MOTION AND A SECOND.

THANK YOU, BARB.

ANY FURTHER DISCUSSION AT THIS ASPECT OF NUMBER FIVE? YOU GOT A ROLL CALL.

YES, SIR.

PETER DOLAN GET PARANOID.

YES.

BARBARA SAMSON, ROSS.

PHOEBE.

YES.

MOTION PASSES.

THE SECOND PART OF THAT REQUIREMENT.

NUMBER FIVE, IS THAT THE USUAL NOT SUBSTANTIALLY REDUCED THE VALUE OF A JOINING OR BUDDY PROPERTY COMMENTS OR QUESTIONS FROM THE BOARD.

YEAH.

OR ENTERTAIN A MOTION.

I'LL MAKE THE MOTION THAT THE USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF OR BUYING PROPERTY.

SECOND, WE HAVE A MOTION AND A SECOND, ANY FURTHER DISCUSSION COMMENTS CAN HAVE A ROLL CALL.

YES, SIR.

PETER DOIN? I GET PARANOID.

YES.

YES.

ROSS BABY.

YES.

MOTION PASSES.

OKAY.

REQUIREMENT NUMBER SIX, THE LOCATION AND CHARACTER OF THE USE.

IF DEVELOPED, ACCORDING TO THE PLAN SUBMITTED AND APPROVED, IT WILL BE IN HARMONY WITH THE AREA IN WHICH IT IS TO BE LOCATED.

AND IN GENERAL CONFORMITY WITH THE PLAN OF DEVELOPMENT OF THE CITY DISCUSSION QUESTIONS, CHERYL ENTERTAIN A MOTION, I'LL MAKE A MOTION, UH, LOCATION, CHARACTER DEVELOP ACCORDING TO THE PLAN AS SUBMITTED.

AND THE PARADE WILL BE IN HARMONY WITH THE AREA I WANT YOU TO DO IS TO BE LOCATED IN A GENERAL CONFORMITY WITH THE PLAN, A DEVELOPMENT OF THE CITY.

I HAVE A MOTION AND A SECOND, ANY FURTHER COMMENTS, QUESTIONS FROM THE BOARD.

ROLL-CALL PETER DARIN.

I GET PARANOID.

YES.

BARBARA SAMPSON.

ROSS BABY.

YES.

MOTION PASSES.

OKAY.

WE HAVE LOOKED AT ALL.

SIX ARE THE REQUIREMENTS FOR A SPECIAL USE PERMIT AND HAVE VOTED AFFIRMATIVELY ON EACH OF THE SIX.

THE NEXT STEP WOULD BE, DO WE APPROVE AS A BOARD? DO WE APPROVE OR DENY THE USE, ESPECIALLY USE PERMIT, ANY QUESTIONS, COMMENTS ABOUT THAT.

AND I'M NOT, WE'LL ENTERTAIN A MOTION TO APPROVE OR DENY MR. CHAIRMAN.

I MAKE THE MOTION THAT WE APPROVE THE APPLICATION, HAVE A MOTION AND A SECOND TO APPROVE THE APPLICATION FOR A SPECIAL USE PERMIT.

ANY FURTHER COMMENTS, QUESTIONS, ROLL CALL PETER DEWAN.

OKAY.

RECORDING.

YES.

BARBARA SAMSON.

ROSS SPEED.

YES.

ALL MOTION PASSES.

OKAY.

OKAY.

AND THE ORIGINAL PRESENTATION THAT WAS OFFERED BY STAFF, THAT THERE WAS THIS SUGGESTION ABOUT ADDING A CONDITION TO THE SPECIAL USE PERMIT, CONSIDERING THE, UH, PARKING UNLOADING ZONE IN FRONT OF THE HOTEL.

AND IS THERE ANY THOUGHTS OR COMMENTS ABOUT ATTACHING THAT LANGUAGE TO THE SPECIAL USE PERMIT? THE MEDICATION IS A QUESTION FOR OUR, FOR OUR LEGAL COUNSEL, SINCE THE ALDERMAN WITH WE'LL NEED TO APPROVE OF THE ENCUMBERED PARKING SPACES PRIOR TO CERTIFICATE OF OCCUPANCY.

CAN DO WE ADD THAT ALSO, OR YES.

YOU CERTAINLY CAN.

UM, MR. DYLAN, IF YOU FIND THAT IT IS PRUDENT FROM A HEALTH AND SAFETY PERSPECTIVE TO ADD A CONDITION ABOUT THAT LOADING AND UNLOADING ZONE, YOU CERTAINLY CAN ATTACH THAT CONDITION.

AND IF IT COMES OUT LATER, UM, THAT THERE'S SOME ADDITIONAL INFORMATION THAT NEEDS TO BE REVISITED, THEN THE, UH, IT

[00:45:01]

COULD BE ADDRESSED AT A LATER TIME.

OKAY.

SO I GUESS WE SHOULD ADD THAT AS A CONDITION THEN THAT'S, THAT'S OUR OPTION.

AND SO ANY FURTHER COMMENTS OR QUESTIONS ABOUT THAT, ADDING THE ADDING OF THAT CONDITION ABOUT GOING TO THE BOARD OF ALDERMAN FOR APPROVAL OF THE ELIMINATION OF PARKING SPACES TO CREATE THE LOADING AND UNLOADING ZONE.

I WOULD SAY WE SHOULD DO THAT EVEN THOUGH GIVEN THE SCOPE OF THE PROJECT, ALL OF THAT WILL BE IN THE, IN THE, IN THE MORE OR LESS DISTANT FUTURE.

BUT, UH, AS A CONDITION OF THE PERMIT TO START THE PROCESS, I THINK THAT WOULD BE RECOMMENDED.

OKAY.

THE CHAIR WILL ENTERTAIN A MOTION TO ADD THAT LANGUAGE TO THE SPECIAL USE PERMIT.

I'LL MAKE THE MOTION.

OKAY.

SECOND STATE THE CONDITION.

OKAY.

THE SPECIAL CONDITION THAT WE ARE ADDING TO THE PERMIT, ESPECIALLY AS PERMIT IS A LOADING UNLOADING ZONE ENCUMBERING EXISTING ON STREET.

PARKING MUST BE APPROVED BY THE BOARD OF ALDERMAN PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE HOTEL.

WAS THAT THE CONDITION THAT MR. BB WAS REFERENCING IN THIS MOTION? YEAH.

YOU DON'T MEAN TO READ THAT OUT AGAIN? AS LONG AS WE CAN INCORPORATE IT, IT'D BE NICE TO HAVE IT IN THE LANGUAGE OF THE MOTION.

YEAH.

UM, I MADE A MOTION THAT A LOADING UNLOADING ZONE, UH, ENCUMBER, UH, EXISTING ON-STREET PARKING MUST, UH, BE APPROVED BY THE BOARD OF ALDERMAN PRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY.

IS THAT WHAT YOU, IS THAT YES.

YES.

OKAY.

WE HAVE DISCUSSED, UH, UH, RECOMMENDING OF THE ADDITION OF A CONDITION TO THE SPECIAL USE PERMIT.

WE WILL ENTERTAIN A MOTION TO ATTACH THIS LANGUAGE TO THE SPECIAL USE PERMIT.

I THINK THAT WAS MR. BP'S MOTION.

MR. DYLAN, IT HAD MOTION AND A SECOND ALL IN FAVOR, SIGNIFY THAT WE'RE GONNA NEED A ROLL CALL AND THIS ONE PETER DOING I CAN'T PARAGUARD.

YES.

PARDON ME? SAMSUNG.

YES.

ROSSBY YES.

MOTION PASSES WITH THE CONDITION.

OKAY.

I THINK THAT CONCLUDES THE PROCESS THAT WE NEED TO GO THROUGH AS THE BOARD OF ADJUSTMENT TO APPROVE A SPECIAL USE PERMIT FOR THE WORK THAT HAS BEEN DESCRIBED TO US SO ADEQUATELY.

AND WE RE UH, ECHO SOME OF THE COMMENTS YOU'VE HEARD FROM THE AUDIENCE TONIGHT.

UH, SOMETHING THAT WE AS NEW BERNIE NS ARE TRULY LOOKING FORWARD TO AND GOOD LUCK.

AND THANK YOU FOR YOUR PRESENTATIONS THIS EVENING.

SO WITH THAT, I WOULD ENTERTAIN A MOTION TO ADJOURN.

SECOND.

I BETTER NOT GET INTO DISCUSSIONS ABOUT IT.

OKAY.

ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, MOTION TO ADJOURN.