counsel do you agree to waive the reading of the refusal and stipulate to its accuracy
yes have you emailed in all the required documents and exhibits that is needed
and required to proceed with this case five days in advance of this hearing
yes my office did that and we submitted supplemental information yesterday as well
thank you please proceed and share your screen
Thank you.
So as I mentioned, I represent Leonard Sid, the owner of 2015 Braun Street.
We did submit materials, which I ask be incorporated into the record.
This is an application to legalize a third unit in an existing two-unit building.
The evidence today will show that an increase of the original approval for two units to three units is warranted.
so what we have here is a two-family dwelling located at 2015 ron street
the property is situated very close to the corner of castor avenue and ron street
both have two-way traffic both have bus routes castor avenue is made up of commercial and mixed
uses. In fact, the property adjacent to my client's property is shown here in the photo
before you. It's a strip mall consisting of a pizza hut, a food and meat market, and a
mail and shipping store with lottery sales. So here's a photo of the zoning map of this
area. The area is zoned for single-family use and is immediately adjacent.
The area is zoned for single-family use and is immediately adjacent to a commercially zoned district.
You can see that on the zoning map here, and also my client's property is outlined in blue.
If you take a look at this colored Sanborn map, you can see my client's property is highlighted
in blue.
It's entirely surrounded by properties highlighted in yellow, none of which are used as single
family.
All of the properties highlighted in yellow are either multifamily, commercial, or mixed
And this is supported by the zoning archives that have been submitted to the board as well.
so despite its zoning classification of being single family the block is not made up of many
single family dwellings across the street you've got a daycare and a girl scout's office
there's a portuguese club a couple doors away
there's also another building down the street that's multi-family that's at 2027
Ron, and that's got 32 units. So my client's property is not suitable for a single family
dwelling because of the surrounding uses and heavy traffic. Further, permission has been granted
to a similar application on this same street. With regard to 2027 Ron, the number of units
It's increased from 22 units to 23 units, and today it is used for 32 units.
And here's a picture of that property showing that it's advertised with 32 units.
Also, there's an absence of injury to the public interest here in this case.
My client will testify that the property has been used this way for the past 8 to 10 years.
my client is merely seeking to keep the status quo it's been three units for eight to ten years yes
yes there's um two units above and there's one um unit that is accessed from the side here
And that's in the lower level.
So also, I would point out the financial burden here.
If the variance is not granted, the space, the third unit, will go unused.
It would be costly to make it part of the first floor unit.
And further, the tenant would be kicked out on the street with no place to go.
As for the minimum variance to afford relief, the request is for one unit. The request could
not be for any less. And my client can testify as to how the space was set up this way in the
first place. And further, I would point out that the original two-family dwelling was a permitted
use back in 1951 when it was approved and constructed. Today, it is a non-conforming
use. The application seeks a reasonable expansion of the non-conforming use within the building
footprint and without any expansion of the building footprint. And finally, I would add,
Mr. Chair, that my client has collected five pages of signatures in support of the application.
which have been submitted to this board.
My client is available to testify.
Okay, why don't we bring him on?
Leonard, can you raise your hand?
Leonard has been allowed to speak.
Please unmute.
Sir, could you state your name
and spell please for the court stenographer?
Yeah, my name is Leonard Sid,
L-O-E-N-A-R-D, C-I-D, the last name.
Like, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you.
And, Leonard, how long have you owned the property at 2015, Braun?
Since 1997.
Can you describe the area, the nearby uses, and also the traffic situation?
Can you describe the area, the nearby uses, and also...
Well, it's very busy on Castro Avenue.
You've got buses, and you've got, it's like a main artery that comes out of 95 from down on 95 over Cotman Avenue.
And then you have Castro Avenue, who starts on buses, and runs down all the way down to the boulevard, which is another main artery.
and it's a lot of traffic
and there's been quite a few accidents
in the corner of Castro
and Ron
and your property
is how close to the corner of Castro
and Ron
I don't know the exact amount
of feet but it's quite
far away from
Castro Avenue yes
the photo on the
screen that i'm sharing does that show how close your property is to the quarter yes to the left
okay and can you describe the nearby uses on ron as well yeah well you have it like you mentioned
earlier you have a uh a social club there it's a portuguese social club all right two doors down
and after that it's the 40 something units of course the street there's a daycare a barbershop
and there's all kinds of businesses as far as offices and things like that.
You get to the end with a couple, there's two or three, if I'm not mistaken,
of multifamilies also at the corner.
And would you say that your property is suitable for a single family home?
No, no.
Okay. Can you explain the use of the third unit, how it came to be?
Well, originally, we had the basement.
My wife and I and my two daughters lived on the first floor.
And we had to use to the basement where we had our washer and dryer.
There was a bathroom downstairs.
So we decided to give the girls a room because there was only two bedrooms on the first floor.
Give the girls a room each.
And we built a, we remodeled a basement.
We made a family room and a bedroom downstairs.
And then after that, you know, my wife and I moved downstairs.
But years later, my wife and I kind of separated for a while.
So I closed up the stairs, not to be inconvenient with her or me.
And, you know, I made it myself an apartment.
So I lived there for quite some time.
So the third unit has a separate access, and you cannot access it from the first floor, is that correct?
No, not anymore.
Okay, and how long has it been a separate unit?
I said about 10 years.
And Leonard, did you speak to your neighbors to seek support for your application?
yeah i i took i took signatures from everybody to make sure they were okay with it and as you
see that got five pages of of signatures from all the neighbors in the neighborhood
okay thank you um just one other question did did you hear just in case anything was missed
did you hear the testimony that um i i stated earlier oh yeah and is it true and correct
what i said 100 and you adopt that as if it were your own yes okay questions from the questions
from the board yeah chairman i have one real quick uh counselor i think i saw or did i see
in those pictures you were showing were there three meters on the side of the house yes okay
all right already three meters okay thank you yes sure questions or comments from our attorney
Hillary Emerson? Not at this time, Mr. Chair. Questions or comments from the virtual audience?
There we have Alex Udovich. They have been allowed to speak.
Good evening, Chairman, members of the board. Alex Udovich, on behalf of Councilman Brian O'Neill.
You've already been sworn, Alex. The Councilman is opposed to the granting of the variance at
this location. There isn't actually evidence of hardship for this being used as a duplex as was
built. The Rondhurst neighborhood has been seeing this type of illegal conversion, and the length
of it being illegal doesn't make it evidence of hardship in this case. This is truly a basement
below grade and should not be used as a third unit.
Okay, thank you for calling. We appreciate it. Is there anyone else in the virtual audience?
okay thank you for calling we appreciate it is there anyone else in the virtual
No hands.
Planning Commission.
Ron Bednar, City Planning.
Properties indicated for residential use on the city plan or adopted district plan recommends no change the existing zoning at this location.
The applicant's hardship is self-imposed, not supported with evidence of unique physical circumstances or condition of the property.
It would prevent it from being used in conformity with the code.
Therefore, we recommend the request of variance not be granted.
Thank you.
MI 2023-003-267, 2015, Ron Street, I vote no.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
LeBarren Leonard Palmer, my vote is yes.
Thank you.
You have your votes.
Number three. You're on that list here. MI 2023-003-265-2449 North 54th Street. Letter of non-opposition from Winfield Neighbors Residents Association, the coordinating RCO with the City Avenue Special Service District and the Winfield Community Association submitted a letter stating that
An agreement on the application was in reach. No follow-up meeting occurred.
And letter of support from Councilman Jones.
You've already been... Oh, I'm sorry.
You switched up on me.
Can you state your name, please, for the record and spell it?
Of course.
Plumenta Amazon.
That's C-L-E-M-E-N-T-A.
And my last name is spelled A-M-A-Z-A-N.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client and relationship to the property?
My client is the owner of the property.
Please.
Our vice chair has a few questions.
Of course.
Good afternoon, counsel.
Do you agree to waive the reading or the refusal or stipulate to its accuracy?
yes I do have you emailed in all the required documents and exhibits that is
needed and required to proceed with this case five days in advance of this
hearing yes I have thank you please proceed and show your screen thank you
can everyone see my screen yes perfect
again my name is clemente amazon and i am representing the owner of 2449 north 54th
Street. During my presentation, I will go through the refusal. We actually do have a letter of
non-opposition from the coordinating RCO, as well as a letter of support from Councilman Curtis
Jones. And I'll go through the business that the signage is supporting, which is Larry States,
photos of the property, the posting of the property, a signage plan, maps of the area,
as well as surrounding photos, the notice that we sent out to the community for the community meeting,
are certificates of mailing, application for appeal, project information form D, and the
certificate of tax clearance. So the property zone CMS 2.5 here we are just looking to legalize
a sign that has already been constructed on the property and we do have a few refusals which
directly relate to the height of the sign from the ground, the fact that it is near a residentially
zoned area as well as the fact that a sign was not previously removed as i mentioned we did meet
with the community we had 10 votes in non-opposition and one vote that was in opposition the sign is
currently placed there we met with the community and discussed concerns that they had previously
they decided to take a position of non-opposition as this was a matter of legalizing the sign that
was already constructed on the property and here we have a letter stating the same we also reached
out to the councilman's office and he expressed enthusiastic support for the sign and maintaining
the sign at the property and this sign is support larry stakes which is just through
three structures down um the sign simply says larry stakes as you'll see in the photos
some of the belly filler and here's a menu i would hope that a few people have had the pleasure of
trying larry's days it's great and we're just looking to gain more foot traffic so here we
have a photo along north 54th street the sign is located right here for 2449 north 54th as i mentioned
The sign is located right here for 2449 North 54th.
As I mentioned, Larry Stakes is located just three doors down.
Unfortunately, people do have issues locating the property because there is no signage directing individuals to get there.
So again, we are discussing this sign right here to support Larry Stakes to do just three doors down.
And here we have a zoomed in photo of the front of the property.