Transcript
AI TRANSCRIPT
This transcript was generated automatically from audio using AI and hasn't been reviewed by a person — it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.
[5:06]
How are you going to do that? Research and pushing people until they get sick of it, which is currently actually why crystals at that meeting? So what? We can throw in birx and? Yeah, I do have to know. Yeah, because it is. I love that. Yeah. Please let me know. My slow time. Make it over there. Yeah.
[5:31]
Can do like those traffic, like those like those little islands, those traffic islands. I love those. Got those in Chicago.
[5:42]
Good evening, everyone. It's 7 o'clock, so we're going to call the meeting to order of the Zoning Board Advisory Committee at 7 o'clock on Tuesday, September 18th.
[5:57]
Would everyone please stand to say the Pledge of Allegiance?
[6:00]
to
[6:04]
the flag of the United States of America and to the Republic for which it stands one nation
[6:12]
under God in indiscipline with liberty and justice for all.
[6:22]
Miss Anderson, if you would do roll call please.
[6:25]
Certainly.
[6:26]
Member Benedict.
[6:28]
Here.
[6:29]
Member Branch.
[6:30]
Here.
[6:31]
Member Krueger.
[6:32]
Here.
[6:32]
Member McDonald is absent.
[6:35]
Vice Chair Sear.
[6:36]
Here.
[6:38]
member willner here and chair webby is absent so we can confirm that we do have a
[6:46]
quorum correct the next thing on the agenda is the approval of of the agenda
[6:51]
so it has everybody had a chance to take a look at it I'll move to approve all
[6:57]
right second awesome you can do a roll call vote yes or do we just you just
[7:05]
All in favor.
[7:06]
All in favor?
[7:07]
Aye.
[7:08]
Any opposed?
[7:10]
Okay.
[7:11]
All right.
[7:12]
Next is the approval of the minutes from August 10th, which was our last meeting.
[7:18]
Hopefully everybody's had a chance to look at them.
[7:20]
Does anyone have any corrections or updates?
[7:24]
Someone want to move to approve them then?
[7:27]
So moved.
[7:29]
Oh, second.
[7:30]
Great.
[7:30]
All in favor?
[7:32]
Aye.
[7:33]
Any opposed?
[7:35]
Okay.
[7:36]
Okay, those are approved.
[7:38]
We do not have any old business, so we'll move on to new business, which is application
[7:43]
number PBA-07-26, which is Ari's cheese steak at 3, 4, 4, 2, 12 mile road, parcel 04-25-07-385-036 and 25-07-385-037.
[8:05]
The north side of 12-mile road between Buckingham Avenue and Oakshire Avenue is requesting a two-foot variance on parking space length.
[8:15]
Ms. Anderson, would you give us the information on the case?
[8:19]
Certainly.
[8:20]
Ari's cheese steak at 3442-12-mile road is requesting a two-foot variance on parking space length.
[8:28]
Berkeley City Code, Zoning Ordnance, Chapter 138, Article 14, Off Street Parking,
[8:36]
Loading and Access Standards, Section 1404, Vehicle Parking Requirements,
[8:42]
1404, R13, Table 14042, Off Street Parking Layout for 60-degree parking
[8:50]
pattern, maneuvering lane width for one way is 20 feet. Parking space width is
[8:56]
nine feet and parking space length is 20 feet. The applicant, Ari Zarkin,
[9:02]
representing Ari's cheese steak at 344-212 mile is seeking a non-use
[9:08]
dimensional variance of two feet to allow for the parking space length of 18
[9:13]
feet rather than the required 20 feet to permit the construction of a paved
[9:19]
parking lot. Currently the parking lot is non-conforming gravel parking lot on the
[9:25]
east side of the building. With the change in use, the parcels are required to be combined
[9:31]
and the gravel parking lot is to be brought to current zoning ordinance, 1404R, and
[9:37]
chapter 126 engineering design standards. The construction of the paved parking lot will
[9:44]
bring a non-conforming parking lot closer to conformity as possible. 344-212-mile recently
[9:52]
went before the planning commission for a site plan review for the construction of the parking
[9:56]
lot. The planning commission approved the project for the parking lot with reductions in required
[10:02]
number of parking spaces and several landscaping waivers and requested a variance to the zoning board of
[10:09]
appeals on the parking space link provided all that planning commission information is in your
[10:14]
package.
[10:17]
For a variance to be approved by the zoning board of appeals it shall meet the
[10:21]
standards of Section 138-1704 of the zoning ordinance based on findings of facts.
[10:28]
We request the zoning board of appeals to determine if they are unique characteristics
[10:33]
of the property and the applicant demonstrated a practical difficulty in order to grant
[10:38]
a non-use variance.
[10:40]
Questions for approval and denial were in your package.
[10:43]
Thank you.
[10:45]
Does anyone have any questions for Miss Anderson?
[10:53]
open it to the applicant or he is not here with us this evening. He was unable to make it but
[11:01]
he is not required to be here so we can proceed. Okay.
[11:08]
We I guess we can discuss it next.
[11:12]
Pardon me?
[11:14]
Is there any public comment?
[11:16]
No, I'm sorry, yeah, there is one.
[11:19]
There was one.
[11:20]
Okay.
[11:20]
Yeah.
[11:22]
I could pull it out.
[11:24]
I might have it handy, hold on one minute.
[11:32]
It was from Gary Foster, basically on the public hearing notice for the application.
[11:41]
Do I need to read the whole application?
[11:44]
No.
[11:44]
No, no, you can just read what you wrote.
[11:47]
Gary Foster, three, three, seven, six, 12 mile,
[11:51]
said he had no objection.
[11:53]
Good luck to Ari's.
[12:02]
Any questions, any comments?
[12:05]
What are you guys thinking?
[12:06]
So I understand like the requirement is 20 feet.
[12:10]
20 feet seems a little bit longer than most standard vehicles,
[12:12]
but that would allow for maneuvering in that space.
[12:16]
Do we have other examples where there is an 18 foot
[12:18]
length throughout the city or where we might have an example of that taking place.
[12:23]
So I would say a lot of your, our current ordinance requires 20 feet for your parking
[12:28]
length, 9 by 20, and when there's restriping done on a lot of the current parking lots,
[12:40]
a lot of them are not 20 feet.
[12:42]
So, 18 feet is still very reasonable, but our ordinance requires 20.
[12:49]
With the parking lot portion, it's a 40-foot wide lot.
[12:56]
And the maneuvering aisle, we feel, is more important to have that maneuvering aisle
[13:02]
at the required 20 feet.
[13:04]
And then with the fact that there's the two-foot buffer from, you know, that they have to
[13:08]
have a block set to not be up against the building, that's where the parking
[13:13]
length would be reduced at 2 feet to 18 to accommodate at least a parking lot
[13:22]
there. Gotcha and this is also a proposed burial restaurant so the idea isn't
[13:27]
that people are spending a whole lot of time. I'd imagine most of the cases this
[13:30]
would not be a full lot even if and if it was people might wait a minute or two
[13:35]
before it becomes available. Okay. It would never have any business there. I mean you're
[13:43]
not going to meet the new zoning department. So nothing correct. My only question, because I was
[13:54]
I was looking at like the aisle width, which would say it's 20 feet. Like a ram crew cab is 20 feet,
[14:01]
a Lincoln navigator is 18 and a half feet. So even the larger vehicles are gonna
[14:06]
fit within that. My only question was is because again, I live there. The sidewalk,
[14:13]
if memory serves me correctly, the sidewalk is adjacent immediately adjacent to
[14:18]
where the parking lot is gonna be. Is there any kind of barrier or separation from
[14:24]
the parking lot to the actual sidewalk? So if somebody's pulling out, there's
[14:30]
not necessarily a vehicle pedestrian conflict,
[14:35]
because that space is only 40 feet.
[14:38]
That is a good question,
[14:40]
and that would have been addressed at planning commission.
[14:45]
I would want to check on that,
[14:47]
that could always be some form of, you know,
[14:49]
this condition as far as making sure.
[14:52]
I would imagine there's the parking blocks,
[14:56]
the planning commission did do wave-off,
[15:00]
Members, in regards to some of the landscaping, which is sometimes, you know, some of the buffers that go around the parking lot, but the planning commission is able to deviate from the requirements, which were some of the parking requirements could be 15%. So they allowed that. And then some of the landscaping was also,
[15:25]
but I would imagine some parking blocks, you know, would be there and that wouldn't take up.
[15:31]
At the end of the day, I'm not sure that that's a material issue for me, but that was the curiosity.
[15:36]
I had just knowing that space, the way that I do is that because of the vehicles backing up there could be a could be an issue with safety in that in that sidewalk area.
[15:50]
Yeah, and also there is no parking along that sidewalk area. It would just be by the building.
[15:56]
So there would be no part of it as you're indicating that now.
[16:01]
They should have plenty of room with the 24-while maneuvering.
[16:07]
That's why there's the maneuvering aisle is 20 feet.
[16:11]
I do think I agree that I think it would be a good stipulation to have,
[16:16]
that there would be some sort of barrier to the sidewalk there.
[16:19]
I don't know.
[16:19]
I mean, is that something we really, I guess, really not part of?
[16:22]
Yeah, that would be through the planning commission.
[16:25]
if the planning commission had required it then that would be you know through the site
[16:29]
plan of the planning commission okay so they did they did approve their layout okay yeah I do
[16:37]
have a question about there based on their drawings of the site could the back three spaces be longer
[16:51]
There's going to be a grass area to meet the requirements for behind the building.
[16:59]
Yeah, yes.
[17:03]
And then there's the dumpster there too.
[17:08]
Do you know the expected use of the grass space?
[17:13]
It's the requirements of the peruvial space.
[17:16]
Yeah, that's how there's a single bike rack and behind the building as well. Is that VIP parking for employees?
[17:24]
Well, it's probably part of the requirements for the site plan to have a park to have a bike rack
[17:31]
It's interesting that it's not in front of the building though. I don't think there there's not room really
[17:36]
He's pretty much right up to the sidewalk. It's right on the side
[17:39]
Well, yeah, it's right where Hartfield is so you would be like right on the side
[17:44]
Okay, it has to be on his properties.
[17:46]
That's okay.
[17:47]
I understand.
[17:49]
Any other questions or comments?
[17:53]
I'll go through the standards, the five standards.
[17:56]
Of course.
[17:57]
Let me go back to that.
[18:00]
And we'll review the five standards.
[18:03]
Excuse me.
[18:04]
First, let's see.
[18:08]
In the minimally.
[18:10]
The need for the variance is due to unique circumstances
[18:12]
or physical conditions of the property.
[18:15]
The need for the variance is not the result of the actions of the property owner or previous property owners.
[18:22]
Strict compliance with the ordinance will unreasonably prevent the property owner from using the property for a permitted purpose,
[18:29]
or will render conformity for those regulations unnecessarily burdensome.
[18:35]
The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as other property owners.
[18:43]
And the requested variance will not adversely impact the surrounding properties.
[18:48]
Those are the five standards that we need to look at for this case.
[18:55]
I think I'd be willing to make a motion.
[18:57]
All right. Do I need to open it up to the floor first?
[19:00]
You do. Yes. You do need to open to the public hearing.
[19:03]
Okay, so at 713 we're opening it up to the public if anyone has any comments
[19:11]
Seeing as there's no comments. We'll close that public
[19:14]
portion of the meeting and move on to a motion if you have it. Sure. I'm in the matter of PBA 07-26-344-2-12-Mile Road
[19:24]
parcel 0-4-2-5-0-7-385-0-3-6, and
[19:30]
and 2507-385-037, motion to approve the requested variance
[19:35]
from Berkeley City Code's Zoning Ordinance Chapter 138,
[19:38]
Article 14, section 14.02-2, table,
[19:43]
vehicle parking requirements,
[19:45]
off-street parking layout of the city of Berkeley
[19:47]
city codes to grant a dimensional variance
[19:49]
to allow a two-fourth variance of the 18-foot parking space
[19:53]
that does not conform to the applicable city code regulations
[19:57]
based on the following findings.
[19:58]
The need for the variance is due to unique circumstances or physical conditions of the property.
[20:03]
The need for the variance is not the result of actions of the property owner or previous property owners.
[20:09]
Strict compliance with the ordinance will unreasonably spend the property owner
[20:13]
from using the property for permitted purpose or will render conformity with those regulations unnecessarily burdensome.
[20:20]
The requested variance is the minimum variance necessary to do substantial justice to the application
[20:25]
and as well as to other property owners,
[20:28]
and the requested variances will not adversely impact
[20:31]
the surrounding properties.
[20:34]
I'll second.
[20:36]
Could we have a vote, please?
[20:41]
Member Wilner?
[20:42]
Yes.
[20:43]
Member Benedict?
[20:44]
Yes.
[20:45]
Member Branch?
[20:46]
Yes.
[20:47]
Member Crude?
[20:47]
Yes.
[20:48]
And Vice Chair Cere?
[20:51]
Yes.
[20:52]
Okay.
[20:53]
Welcome.
[20:54]
Okay,
[20:57]
moving on to other business, it does not seem that we have any, so we will go to the
[21:03]
staff or Board Member Report.
[21:07]
Let's see, so we still have an opening for an alternate.
[21:11]
We do have Curtis Row that will be joining us. He's getting everything sworn in and such,
[21:16]
so he should be able to join us the next time we need an alternate. Great.
[21:22]
in the packet was your community development monthly report for July.
[21:27]
Clarence Black is with us as far as our council liaison. Welcome.
[21:34]
Thank you.
[21:34]
Let's see next meeting October 12. Yes, we have a couple of cases, two cases.
[21:40]
I will not be here. So Kristen will be assisting on that.
[21:44]
that. November meeting is reserved for training through city attorney office for the ZBA.
[21:54]
So we'll have a little training session for the November. We'll close out some stuff
[21:58]
for the year to probably our 2027 calendar at that time as well. And as you all know, I
[22:06]
sent over the packets through Google Drive, but also did the Civil Plus. So we're in the
[22:14]
process of going to that program so I'll give you guys I don't know if you
[22:24]
have any questions when you went through it if you opened it through Google
[22:28]
Drive or if you tried to basically when you come to the city website and you go
[22:36]
under boards and commission and you pick zoning board you'll scroll down and you'll
[22:42]
see as far as the meetings. And there is a section here that you can click on for agenda
[22:48]
and minute portal. And then basically you would come, you would find your meeting, which
[22:59]
is the ZBA.
[23:03]
And when that uploads under here, you can go to the meeting files. And this will
[23:10]
give you all your information as far as you know the agenda and then for the case it's got
[23:17]
you know all the information as far as the different uploads that I provide you for the application
[23:22]
in the backup and the reports along with you know all the you know with planning you know anything
[23:30]
that I provide to you will be under that section so we will all be navigating through this.
[23:36]
I will tell you that it's Council. It's been a game changer for us. It is made
[23:42]
life so much easier and not that Google Drive has not been good because a lot
[23:47]
of people use Google Drive at work and for other you know various things but
[23:51]
for us for just the transparency and the organization ability of it it's it's
[23:57]
been outstanding. So if you have not had a chance to set up your civic
[24:01]
plus account I highly recommend it. It's just it is just a really good one-stop shop
[24:06]
for everything city related because you have access to everything so you know for example for you Jason
[24:11]
if you sit on two for you sitting on on two boards I would say it's imperative because it's just
[24:17]
going to be an easy place instead of jumping back and I don't know what platforms those boards use
[24:22]
plus civic plus just going to make it very very easy for all of you so if you have not jumped in I would
[24:28]
I would say go in and the beautiful thing about it is it's meant to kind of be played with because
[24:33]
as you can't get in there and tweak some things
[24:36]
for your particular settings.
[24:38]
So that's just my pitch for it.
[24:39]
It's been amazing.
[24:41]
I got a billion things going on.
[24:42]
So trust me, going from a Google Drive to City Plus
[24:45]
for us just made my life a lot easier, so.
[24:47]
That's good.
[24:47]
I mean, I used to, I used it this time.
[24:50]
I didn't have the log interview.
[24:51]
No, I was just going to say, I checked with Rachel,
[24:54]
our city deputy clerk, and she had said that you don't have
[24:59]
to have any separate log in or anything.
[25:01]
coming to the link I send you should you know bring you right to this or going
[25:06]
through the website but Jason like you have that other here here's the
[25:13]
environmental one that's on there for today you know so all of their
[25:18]
information would be on here as well if they're using it does not look like
[25:22]
they're using it at this time and I did I created a log but that's just me I'm
[25:26]
like you give me something to play with I'm gonna play with it I'm in there so I
[25:29]
I think I do have a sign in.
[25:31]
I can't tell you what the difference is,
[25:32]
but again, this is easier.
[25:34]
Yeah, it's super.
[25:35]
And it's supposed to, it should make my administrative
[25:41]
portion of it much easier as well,
[25:43]
because right now I have to email this person.
[25:46]
I have to email this person, email this group.
[25:49]
And, apparently.
[25:50]
And she won't say it, but it is for,
[25:52]
and really it was meant for us at the staff auction
[25:54]
because staff was spending a lot of time on Google
[25:58]
will drop me again. It's great, but we were really looking for a elected
[26:00]
teacher because what we do want to do. We want to give Kim back her time. We want to
[26:04]
give staff back their time. So having one repository regardless of boards and
[26:08]
everything. That's really what it is. Everything links to it. And it's the kind of
[26:12]
the transparency that we really have finally been looking for is just as a city
[26:16]
period where somebody can't just say, well, I don't like know if you can go and
[26:20]
if you can go there, you can go there. And that's really well.
[26:23]
Yeah, Kim, would you show me where the minutes are on that please?
[26:28]
Oh, let's see.
[26:29]
I don't know why, but I couldn't find those.
[26:31]
So, and I could have not.
[26:36]
Oh, if you come here on this section, approval of minutes.
[26:41]
See here on the approval of minutes.
[26:44]
I found the agenda, but I did not.
[26:47]
Oh, well, that, you know what?
[26:48]
I'm sorry.
[26:49]
that could have been me that not posting it correctly as I'm transitioning. So one of them had all the
[26:56]
documents in one piece. Yeah, I think right here if you go to the building packet. So that would
[27:02]
normally that would be a link. Yeah. Okay. Yeah. No, it was, it was just an omission. But it was, so
[27:08]
the Google, the Google has the minutes, the Civic Plus doesn't, but the goal would be that she doesn't
[27:14]
have to do a Google right it'll just all be sitting close and that way if there is a mistake
[27:19]
it's just one mistake and not it's here but not here I didn't know if I missed it missed
[27:24]
the link or where it was so I thought it was on there when I was checking through my
[27:28]
mouth he made a mistake but we'll flock our app yeah not necessary as I said as we're transitioning
[27:35]
into this so it was pretty it was pretty simple but I guess I'm human first time yeah
[27:44]
So that's all I had to report on, so we'll turn it over to our liaison, Mr. Blatt.
[27:52]
So next council meeting will be at seven o'clock here in these chambers on 21 September.
[27:59]
And then the only other thing that just want to put before your attention is Saturday.
[28:05]
We have the touch of truck, which is going to be at the community center.
[28:09]
I don't know how many of you are aware that, okay, everybody is.
[28:11]
So yeah, that is from 11 to 1 and it should be a great time. I think there's going to be a donut truck out there
[28:16]
I'll be out there. So encouraging everyone from city staff to everyone serving on a board of commission
[28:22]
Get out there and it's a wonderful event. It should be very exciting. That's all I have
[28:29]
Any public comments?
[28:32]
All right, then we'll adjourn our meeting tonight at 7.22
[28:38]
23 on september 15. Motion to adjourn. Oh sorry I had to, sorry, willner support.
[28:46]
All support. Sorry.
[28:51]
I'm still okay. All right just do the, we've got to do
[28:56]
All in favor? Oh, sorry. All in favor of adjourning the meeting. Aye. Aye. Any opposed?
[29:03]
Nope. All right. We're adjourned. All right.