ZBA Hearing - January 22, 2025

so we just found that to be just the easiest way to kind of represent that extra space

with the other floors okay well what's the requirement for the type b units how many

for this building um i don't remember offhand um i have to double check and uh get that

information for you but i don't remember offhand also just to clarify this is not an elevator

building even no okay right but yeah but they're required because of the number of units no no that

but yeah but they're required because of the number of units no no that part I understood

part I understood

he he said it was an elevator building when he was oh no I said it I said it because it wasn't

sorry if I misspoke yes how many how many uh uh what's the what's the height of the buildings

on that side of the block are they all two-story like the one next to you that you show are they

there are other three-story units buildings you get the buildings directly adjacent are

two stories and then i think michael was showing earlier on there were some three stories further

down the block the immediately attached buildings are part of the rco package i'm showing the

building to the west is a 24 feet high building that one has steps at the front that actually

elevates where you enter into the building which is why it's higher the building to the east is a

20-foot structure that enters that grade.

They're multifamily buildings

on the block.

The ones to the right identified

21, 27, and 29 are both

occupied as duplexes.

The owner of

my client, actually his aunt,

lives in the building immediately

next door at 21, 27

as a tenant.

Thank you.

Other questions from the board?

Yeah, so I think just a comment I have is what's the lighting plan for that access alley along the side of the building on the side elevation where the entrances are?

So as part of the community meeting, we discussed having cameras on the front of the property and all the door entryways along the side would, there would be cameras at the main entrance and lighting on the side too, because that is the main entranceway for all these units.

So I think just the general comment I have is that there's a lot of units that you're trying to accommodate on this site and all of the walkways are really narrow.

that's going to be a really dark narrow alley like just five feet wide especially with the

planner in the front and like it's pretty tight in terms of like trying to allow for even two

people walking side by side on a sidewalk or people trying to accommodate things even with

the the staircases it's gonna be really tight trying to move large furniture into some of those

upper units and so I sort of question the density on the site given that I think it's just going to

be tight to maneuver. Other questions, other questions from the board? Yes. How many units

were you allowed to have based on the lot size? So as an RSA five rezoned lot, it would be one

one unit one house and the property is 32 feet by 100 feet deep

questions or comments from the board anybody anyone else

questions or comments just i'm sorry one more question did you did you look at based on the

width of the street what um your sight line requirement would be are allowed by zoning

based on the width of the street i know it's not an overlay district but

we didn't look at that only because we were under the rsa 5 requirements already at 31 feet um okay

all right thanks okay questions or comments from our attorney hillary emerson not at this time mr

chair questions or comments from the audience

questions or comments from the virtual audience

i see no hands at this time chair planning commission

good afternoon mr chair good morning uh dan powers with the city planning commission

do you swear do you go d-a-n-p-o-w-e-r-s you swear or affirm to tell the truth the whole truth

nothing but the truth. I swear. Please proceed. The comprehensive plan recommends no change to

the RSA 5 residential single-family zoning at this location. This is a 3,255-foot square lot.

This is a mixed block base with two-story and three-story row homes, so a three-story building

would be in keeping with the character of the block base. The City Planning Commission recommends

that the board grant the requested use of variance for multi-family use, but at a lower number than

is requested as we feel that 11 units is too dense for this property. The City Planning Commission

recommend that the board grant the dimensional variances for additional height but deny the

proposed dimensional variance for the roof deck within the front setback thank you um council

i'm going to hold this till next week where i can sit and talk to the other board members

um and consider what planning and what you both said okay i appreciate it i'll be next wednesday

and consider what planning and what you both said okay i appreciate it i'll be next

and we're going to vote on this at 9 30 a.m thank you and counsel could you stay on please

michael

michael will be rejoining us as a panelist

okay

cancel

good morning again mr chairman oh good just for the record state your name please

michael mcelhenney so this is mi 2024 005 495 1502 south 52nd street

um could you identify your client the relationship to the property yes mr chairman the my client is

brick house llc that's b-r-i-q space h-o-u-s-e llc the member of the llc is william hannum h-a-n-n-u-m

okay our vice chair has a few questions sir

counsel do you agree to wait to read another refusal or stipulate to its accuracy

I do.

Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

Oh, I have.

So please proceed and you can share your screen.

Good morning again.

On the screen is my client's exhibit packet, which consists of 12 exhibits.

and our ZBA appeal is at tab eight. Our photo showing the property was posted with the zoning

notice and refusal at exhibit nine. Our RCO neighbor meeting along with the proof of mailing

is at exhibit 10. We did meet with the RCO on January 13th last week and had a very thorough

discussion of this application. Exhibit 11 is my client's deed. He took title August 30th,

2023 to the subject property from the estate of Milton R. Simmons. Our real estate taxes are at

Exhibit 12. The page one of Exhibit 12 shows a balance due for 24 and 25. 25 taxes aren't due

until March 31st, and my client did remit payment to clear out the 2024 taxes prior

to today's hearing, and that's part of Exhibit 2. The 51st Democratic Award Executive Committee

did send a RCO letter that came over after I submitted my exhibits, and they do have a letter

of support for the requested variance. Our refusal is at tab two. The subject property, 1502 South

52nd Street, is currently zoned RSA 5. My client is requesting permission, a zoning variance for

two-family household living in the existing structure. We're not changing any height or

area of the building, just the use. And that generated one use refusal because two-family

household living is not permitted by right. Exhibit 3 is the zoning map and aerial maps of

the property and surrounding area. This property is one in from the corner at the south side of

South 52nd Street, south to the east of Greenway Avenue. We're attached to a corner CMX2 use

building. To the west of us is another commercial CMX2 use and then some RSA5 buildings. Diagonally,

we have a commercial building on the corner and RSA 5 uses. Immediately across the street are all

CMX 2 uses and going to the east on the same side of South 52nd are RSA 5 properties until you get

to the corner at Woodland Ave, which are CMX 2 zone properties. And across Woodland, we have a

mix with CMX 2 and ICMX. The second photograph on page two is just an aerial view again, just

showing where the property is on the block and the context across the street.

We have the Grace Tabernacle Church that takes up the majority of the block.

To the west of us, we have a takeout restaurant and diagonally we have a laundromat,

as well as at the far corner on Woodland Ave.

We have a laundromat there as well.

And I'll show street view photos in a second, make it make more sense.

The third photograph is a 3D aerial view looking south at the subject property.

just to show the block. We have several three-story structures, some vacant lots in the

middle of the block. And on the north side is that Grace Tabernacle Church property.

And I'm not going to go through all the 3D images, but it just, I have images north,

But I have images north, south, east, and west just showing the context of the immediate area.

south, east, and west, just showing the context of the immediate area.

The final photo of this Exhibit 3 is just the map of the property just showing its deeded lot lines.

This is an 18.5 foot wide parcel, and it's 70 feet deep.

And these are twins on this block.

So every property has a side yard and access to an alley at the rear.

so they have access to the rear and the front through the side yard.

Exhibit four are the site views of the current photo of the outside of the property.

It's a two-story structure.

We do have a side yard to the west.

Looking at the second photograph, to give context,

the corner property is a CMX2 commercial property that has been vacant,

according to the RCO, for decades at this point.

My client's property is the second one in from the corner.

and then we are attached to an abandoned house at 1504 south 52nd and another abandoned house

is next to us at 1506 the next photograph will show a close-up of 1504 uh it's boarded up

condition and 1506 it's boarded up condition the fake doors and windows on the front are

performed by clip to seal up the building and actually make them look like doors and windows

these buildings obviously have become a dumping ground for trash and other debris and my client

is unfortunately attached to this abandoned structure at 1504. The uses on this block

consist of some single-family houses, and I put the addresses in just for orientation,

1510 South 52nd, as you go down the south side of the block. We have some vacant lots where houses

once existed and have since been torn down. Farther to the east are some more twins,

and as we go farther down the block we have a series of occupied twins and at the far farthest

end of the block closest to woodland ave at 1528 south 52nd we have another vacant abandoned

building that's boarded up and then the properties at 1532 and 1530 south 52nd are two duplexes on

the east side of the block which is identical to what my clients requesting to do at the west end

of the block, is to have the two-family use in the existing structure. Going farther to the south

at 1534 is another duplex. Again, the same setup that my client's requesting at the west end of

the block. The final property on this block that faces south 52nd is 1536, which is set up with

two doors, was used for some commercial use sometimes, and it appears to be residential

at this time. The final property at the Woodland Ave is a food market on the corner. Across the

street is a grocery store or a Liberty Auto gas station. I took some photos looking to on the

south, same side looking towards the west. We have a Chinese takeout restaurant at 1450. Next

to that's a triplex at 1448. And farther down the block, you can see another new construction

multifamily. A diagonal across the street is the laundromat I've referenced earlier.

And then directly across the street from the subject property is 5138 Greenway, which is a

retail use. They just got a new zoning permit for sale, food, and beverages, so some kind of takeout

restaurant of some sorts. The majority of the block across the street to the north of us is

the Grace Tabernacle Christian building that is used for religious services and daycare uses.

And then at the end of the block towards Woodland is that laundromat use.

And then the last photo I took is across the street at the ICMX property.

It's a Popeye's takeout restaurant now at Woodland Ave.

Exhibit five are interior photos.

As you can see, the inside requires a complete updating gut renovation.

There's no water service at the property.

When my client purchased the property, it has been taken over by an illegal occupant that has been using it for storage.

As you can see, there is water infiltration inside, and it's full of items, trash, debris that my client hopes is dealt with in the near future.

The other interior photos on the second floor just show the bathroom, just storage of different items, a bed in disarray.

And the front bedroom just full of, again, lots of trash and debris that we don't have full possession of at this time to address.

Exhibit six are the proposed floor plans.

This is a simple floor plan.

The front of the property, the front door will remain for the first floor unit.

We have a full living room, kitchen, bathroom in the center, and two bedrooms at the rear that are good sizes, the 9 feet 7 inches by 10 feet.

9 feet, 7 inches by 10 feet, and then 13.5 by 10 feet, 7 inches at the rear. The rear bedroom

And then 13.5 by 10 feet 7.

does have access to the rear yard and the first floor unit, the two bedroom, one bath unit has

access to the basement. The basement is going to be for non-living space, storage, utilities,

washer, dryer, that type of items. The second floor unit, we would be installing a new door

on the left, similar to those properties that were farther on the east toward Woodland Ave

to allow access up to the second floor unit.

The second floor unit would open

into the living room and kitchen area

with a one bedroom, one bath at the front,

large 10 feet, nine inches by 11, seven,

washer dryer in the unit

and the rear one bedroom, one bath at the rear.

Again, it's 11 feet by 11 feet for that rear bedroom.

So we have good size bedrooms, two baths,

living space, washer dryer.

Both units will have access to the rear,

very yard and on the right side of the building going to the west we have windows all along the

property so all of these these units the bedrooms will have and living rooms will have light and air

we have one two three four five six windows along the side of the building and then we have windows

at the rear as well the exhibit seven are just a summary of the other multi-families on the

current block, as well as the properties I showed, the new construction properties to the

west on the same side of the street. And those zoning archives are just a part of

behind those addresses. We'd request that the board, in light of the condition of the property,

it's not habitable and needs complete renovation and the abandonment on this subject block,

including what we're immediately attached to with the trash and illicit activities that go on with

those buildings. We'd request the board approve the request for the use variance to have two units in

the existing structure. We believe it is the minimum variance necessary to afford relief here

so that my client can obtain the financing to renovate this property, bring back habitable

units online. And we do plan on working with the community to address the two abandoned buildings

next door to us because that has been an ongoing concern for the neighbors in addition to my

client's property. With that, Mr. Chairman, if I could call my client to testify. Please.

Mr. Hannum, can you please raise your hand?

William Hannum has been allowed to speak.

Sir, could you please state your name and spell for the stenographer?

yep can you hear me yes please state your name state your name then spell for the stenographer

william hannam w-i-l-l-i-a-m h-a-n-n-u-m do you swear or affirm to tell the truth the whole