Good afternoon.
Good afternoon, sir.
Could you state your name, please, and spell for the court stenographer?
Yes, Ryan Boland, R-Y-A-N-B-O-L-A-N-D.
Right.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you identify your client in relationship to this property?
Yes. I represent Lucretia Hines, who is the administrator of the estate of Dominic LaRusso.
Okay. And Mr. Hallman, could you do the follow-up questions, please?
Yes. Yes, Mr. Chairman. Good afternoon, counsel. Do you agree to waive the reading? Do you agree
to waive the reading of the refusal and stipulate to his accuracy?
Yes, I do, as to both refusals.
Did you email all of the exhibits and documents that's required five days in advance to this hearing?
Yes, I did.
Thank you. Please proceed and share your screen.
okay so I'm here and I represent the estate of Dominic LaRusso and I'm here with his son
Frank I'm going to give a brief introduction as to both properties and you have a map up here
that just shows you where these properties are.
They're just right around the corner
from where Mr. LaRusso grew up.
So we're here today with the support of the RCO.
We had a 22 to zero vote on one property,
24 to zero vote on another.
And we're seeking to legalize two garages
for parking personal automobiles
as well as incidental storage.
And the reason we're here today
as we went to sell these properties, and we couldn't get city certifications as to both of them.
You'll see here, I'll take you through the presentations, but the Seltzer Street property
has always been a garage, and it's a separate lot directly behind where Mr. LaRusso grew up,
and we couldn't get a city certification because they just didn't know whether the use had been
abandoned over the past 50 to 60 years. And the other property, Mercer Street, it was never
formally approved as far as I can see for parking, but there was always an approved use for the
storage. So these buildings were built back in excess of 50, 60 years ago as garages. They're
just one-story masonry buildings. This is RSA 5. There's only electricity, no plumbing. There's
really no use whatsoever for these buildings in their present form for electric. So let me show
you. So for East Seltzer Street, this property, it's 20 feet wide by 32 feet deep. Again, it's
always been used to store a personal vehicle. It's never been discontinued use for more than
discontinued use for more than three years. And this, they got a zoning permit for parking back
three years and um this they got his own
in 1961, which I'll show the board. And the other property, which is just around the corner,
the Mercer Street property, that's even bigger. It's 20 feet wide by 80 feet deep. And that again
is a one story garage. And this was always used for Mr. LaRusso's construction. He was a union
carpenter before he died. He always kept it as just really his little play workshop and he would
keep a work truck in there, but I haven't seen any evidence that keeping a work truck was legalized.
So we're here today on Seltzer seeking that the city confirm that we have a continued existing
use and for Mercer seeking a variance as to the project. So I'm going to take you through Seltzer
very briefly. We have a letter of support. I'll just take you through some photographs. Here you
can see the property highlighted. Mr. La Russa grew up in front of it on Somerset Street.
For some reason, this property is divided. There's another image of it.
Just to get a little better view of it. So it's right right here next to the railroad tracks.
It's kind of a trash strewn, narrow little street there. But as you can see from these photographs here,
it's mostly garages along the rear on Seltzer with the houses on Somerset Street.
Here's a photograph of the garage. Here's another one looking east. That's 95 in the background.
another photo another photo um here's just what the garage looks like as you can see this doesn't
look like a residence um really wouldn't be able to be used as a residence it's just an empty garage
um just to take you through some of the records here um here is the property certificate we got
from the city which in essence states that they don't have any records establishing um the use
over the past 50 years. So that's why we're here. Here is a zoning permit from 1961 for
building this garage. And my client will affirm my testimony that this has been continuously used
since the zoning permit was issued. Here is just some plans we had drawn up showing
all the dimensions of the plan. And then I also have everything else that's required,
The appeal form, the project information form. I have the deed. I have tax clearance, photographs of the posting, and I also have the letters testamentary showing that Miss Himes is, in fact, has authority to act on behalf of her father.
Let me walk you briefly through the Mercer Street presentation.
Again, here is the refusal, which relates to having a garage in RSA 5.
We have the letter of support, 22 to 0 in support.
Some photographs.
Again, I'll show you down here.
This was where Seltzer was, the highlighted areas where we are on Mercer Street.
There's another image.
Another image.
I didn't mark it here but right here where my cursor is that's where the the garage is
um here's here's another image of the garage um another one looking south down Mercer Street
and then this this is what a union carpenter's um little playground looks like just um he this
is all the wood and other things he always kept in the garage um it goes back about 80 feet so
There's a lot of stuff in there, but he always, as you can see the oil marks, he always kept his work truck in there.
And here are the records that show that that this was approved back in 62 for storage of contractor supplies.
So we believe that that use is already legal. We're just really here for parking.
Again, here's some more. Here's the the zoning board decision allowing storage of contractor supplies.
And then I have everything else required by the board. We have, again, we had plans thrown up that show the garage.
Just like the other one, it's just one story.
Application for appeal, I have project information form, I have the deed, tax clearance, photographs of the posting, and then I already showed you the letters testamentary.
I'd like to call my
client to
if Frank LaRusso
if you can raise your hand please
what was his name I'm sorry
LaRusso
yeah he's been allowed to speak
sir could you state your name please
and spell for the court stenographer
Mr. LaRusso yes say it again could you state your name please and spell for the court stenographer
Frank LaRusso L-O-R-U-S-S-O right do you swear or affirm to tell the truth the whole truth and
nothing but the truth I do proceed counsel so Frank just to confirm these these photographs
and everything I've taken the zoning board through these were your your parents properties correct
And they've owned these throughout your lifetime, is that correct?
So you have personal knowledge about everything I just testified to?
Yeah, pretty basic.
Did you hear the statements I made?
Yes, I did.
And were they true, correct, and accurate?
And you adopt them as your own?
That's all I have for Mr. LaRusso.
I don't know if the board has any questions.
Questions from the board.
no mr chairman no chair questions from our attorney hillary emerson
um i had uh just one one quick question on the um the mercer street property it has both um
dominic larusso and his his wife listed as owners is his wife deceased as well yes okay okay all
Right. I just I figured as much, but I just wanted to clarify that.
Thank you. Questions or comments from the virtual audience?
No hands, Chair. My Planning Commission.
Thank you, Chair Bergman. And good afternoon, David Vecta with the City Planning Commission.
And Chair, we'll give testimony for each one of these separately since we have slightly different testimony.
So for 2613 East Seltzer Street, the comprehensive plan recommends no change.
to the residential single family zoning at this location this appears to be a legalization of an
existing use most of the structures facing the this block of seltzer street are garages
so the proposed use is unlikely to injure the use of adjacent properties the city planning commission
recommends the board grant the proposed use variants for warehousing and storage
now for 2815 mercer street the comprehensive plan recommends no change to the residential
single-family zoning at this location. The appellant seeks to legalize a garage which
received use permits for a garage and iron welding in 1969. The City Planning Commission
recommends that the board grant a proposed use in dimensional variances for multiple buildings
on the lot, garage parking, warehouse, rear yard depth, and occupied area. Thank you. I'm going
to vote them separately. So number one, MI 2023-002-845-2613 East Seltzer Street, I vote yes.
Thomas Holloman, my vote is yes. James Snell, my vote is yes. And number 10, MI 2023-002-844-2815
Mercer Street, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Thank you, counsel. You have your votes.
Okay, here. So now we're going to go to, we're going to number five. MI 2023-002-850-400 East
Evergreen Avenue. Adam Laver
is the attorney.
There's a letter of support from the Cheston Hill
Community Association
and there's a letter of support from
Cheston Hill Conservancy.
And also
the applicant provided a petition
in non-opposition
signed by approximately eight neighbors.
Mr. Laver.
Adam Laver is coming in as a panelist.
Good afternoon, Chairman Bergman and members of the board.
Could you state your name, please, and spell for the court stenographer?
Adam Laver, L-A-V-A-Z-V-E-R.
Great. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, Chairman Bergman, I do.
Could you identify your client and relationship to the property?
Certainly. Blank Rome represents Valerie and David Mayer, M-A-H-E-R.
who are the owners of the subject property, 400 East Evergreen Avenue.
And Mr. Holloman has just a few questions for you.
Certainly.
Good afternoon.
Good afternoon, Counselor.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Good afternoon, Mr. Holloman.
Yes, I do.
And I stipulate.
Thank you. Did you email all the exhibits and documents required five days in advance
Thank you.
Did you email all the exhibits and documents?
of this hearing? Yes, sir, we did. Thank you. Please proceed and share your screen.
Thank you very much. I'm here this afternoon with Valerie Mayer, the owner of the subject
property. Also with us, Mr. Chairman and members of the board, Kevin Rasmussen, R-A-S-M-U-S-S-E-N
of Rasmussen Sioux Architecture. On the screen before you, you can see some aerial photographs.
The property is located within the Chestnut Hill section of the city.
It is the bourbon in style, as the board is aware.
Here you can see exterior photographs of the subject property.
It's an existing single-family residence.
It's occupied by the mayors and located in an RSD1 residential zoning district.
No changes are proposed to the existing stone Italianate dwelling.
It dates to 1861 to 1865, and the property owners feel a sense of stewardship with the history of this property and the neighborhood in general.
Here you can see some photographs of their yard, the rear yard.
Valerie and David have proposed the addition of a small 244-square-foot greenhouse in their backyard.
That's the subject of why we're before you.
this has generated a refusal. Here's the notice of refusal. I've taken the liberty of highlighting
the particular issue. There is one refusal. The code dictates that accessory structures
for residential use may not exceed 130 square feet. The proposed greenhouse is 244.69 square
of feet. This is a high-end greenhouse. It is not, however, custom-made. Here you can see a sense of
the existing single-family home you've seen photographed, and this small area where my
cursor is would be the proposed greenhouse. You can also see the dimensions listed showing
significant setbacks between structures, between neighbors. The greenhouse, as proposed,
would occupy a very small footprint. It's proposed to be constructed of traditional materials.
Here you can see a model prototype. This is a higher end, compatible with the historical
neighborhood. These are specifications from the company that manufactures these greenhouses.
And here is the site plan that was submitted to LNI.
The property owners are seeking a de minimis dimensional deviation from the code.
Very important to note that otherwise the proposal meets all setbacks, open area, height, and use requirements for the property.
Once again, the only issue is the square footage size of the structure.
Here you can see some elevations of the proposed greenhouse related to the existing single-family home.
The variance would comport with the comprehensive planning principles for the surrounding community, which includes many freestanding accessory structures, several of them that exceed 130 square feet in the greater Chestnut Hill neighborhood.
it. Mr. Chairman, at the beginning of the hearing, you mentioned the support that the board has
received. On the screen before you is the coordinating RCO's letter of support. We're
grateful to the Chestnut Hill Community Association for taking the time to carefully review this