here's the zoning map it is on rsa5 there's some cmx uses on the corners and some cmx across the
street across memphis street is a larger cmx3 parcel another copy of the parcel map and a direct
overhead aerial view again allegheny avenue running on the angle memphis street to the top
to the bottom. Here is the letter from Harrogate Civic Association, dated March 3rd.
As you can see, 23 members were present at that meeting, voted in support, zero members
in opposition or non-opposition. So they do ask that as long as the applicant complies
with installing security cameras, solar and green energy options, additional lighting,
sidewalk trees and continues cleaning exterior property they support the application i don't
believe any of those are uh enforceable uh conditions of approval but i defer to the board
and the solicitor and then we have councilman school's letter dated march 8th indicating
non-opposition to this application unfortunately mr kelly's in court today and unable to testify
however as an officer of the court i would submit that had he been here he would verify
the truth and veracity of my representations and adopt them as his own testimony and that's all
questions from the board no mr chairman no mr chairman questions from the virtual audience
i see no hands at this time chair planning commission uh ron bednar city planning first
name Ron, R-O-N, last name Bednar, B-E-D-N-A-R. Do you swear for him to tell the truth, the whole
truth, and nothing but the truth? I do. Proceed. While this property is currently indicated for
residential use on the city plan given the physical conditions of the site and its documented
use history, we have no objection to the granting of this. MI 2021-004528-2333 East
Allegheny Avenue I vote yes Thomas Holloman my vote is yes
thank you Mr. Ward thank you very much have a great afternoon sure am I
Thank you, Mr. Ward.
Thank you very much.
Have a great afternoon.
MI 2021-004840-627 South 10th Street, RCO, Bella Vista Neighbors Association, Letter of Opposition.
Mr. Canuso.
Chair, Mr. Canuso is coming back in as a panelist now.
Good afternoon, Mr. Canuso. Could you state your name and spell it for the court reporter?
You're clicking the wrong thing.
Okay. Good afternoon, Mr. Chairman. Vito Canuso, V-I-T-O, Canuso, C-A-N-U-S-O,
uh attorney for uh the owners and with me is uh anthony criniti who uh i would ask to be sworn
in at the appropriate time and uh i will waive uh the reading and the uh i agree to the accuracy of
the uh of the board's actions all right mr canuso do you swear for him to tell the truth
the whole truth and nothing but the truth yes proceed your honor uh i am uh representing uh
the co-owners of the property uh i have submitted an authorization from mr ionisi
who authorizes mr criniti and myself to represent him uh and we would like to proceed
Tonya, he answered the questions already Tonya. Okay. Right. Mr. Canusa.
Go ahead. Yes, if I may. We are requesting approval for six residential units,
which have existed since 2010 when the current owners obtained and acquired the property.
Could you start sharing your screen with us?
Mr. Canuso, could you share your screen?
I am doing that.
I'm trying to get my sharing properly set up here.
What are you trying to show me?
Yeah, I understand, but what I need to do is get that
because it's set up the screen.
unfortunately mr chairman i'm having problems getting the uh exhibits uh properly placed on
the screen okay i can tanya do we have anybody could give him a little advice wait i know i
know what i have to do i think i just did it yeah you did it just make it a little bigger
A little, a little larger. Thank you.
Okay. I think it may be too, too large, Mr. Chairman.
Oh, that's fine. That's fine. Okay. Uh, as I said, attached is my, um,
showing, uh, the, uh, original application, uh,
that was filed for the appeal in this matter, uh,
And the basis for the appeal, as I indicated, the owners of the property who have purchased the property back in 2010 have used the property for six residential units.
and part of the the documents that have been presented are first of all two of the
licenses that were issued for the six units the first one being back in October
of 2010 by the Department of L&I the second one is a
by the Department of L&I. The second one is a license that was issued in March of 2018 for
the six units. My client did not retain copies of the other permits that were issued for the use
of the property for the six units. The actual code requires the maximum of three units.
My clients have continually operated this property as a multiple family unit, which is very common in this particular area.
We don't believe there has been any negative impact over the past more than 10 years as a result of this property being utilized for the six units that have continually been presented and existing at this site.
Um, I'm, uh, going down showing, uh, the refusal, which also addresses a, um, roof deck, uh, which
was basically the reason why the, uh, application was filed with the department of LNI originally.
We are abandoning the roof deck. Uh, the, the, the roof deck still exists. It's my client's
intention to remove it. We're not asking the board to grant an appeal on that issue. But as a result
of filing the request for approval of that roof deck, that is how my client first learned that he
was not in compliance with the zoning requirements for this particular property. And as a result
of that, we are now here before you seeking approval of the existing six units that have
continually been functioning at this property. We're only legalizing the current use. There's
no change or impact on the neighborhood as a result of what we're asking for today.
No effect on the supply of light or air to the community. No ill effects to the environment.
because this has existed continually during the past 12 years that my clients have owned and
operated this property as a six-unit apartment building. L&I has regularly approved and licensed
this building for six units. There's been no violations issued. There's been very little
questions as to the way that my clients have conducted and or operated this building over
the past 12 years. There's no violations or complaints from the neighbors. Mr. Triniti,
who has been a hands-on managing member ownership of the property, is here to testify or be
question as to any issues that have existed or he has been made aware of. None of the neighbors have
ever questioned Mr. Crenitti about how he operated the building or how his tenants have existed at
that building. And Mr. Crenitti would also testify that most of the tenants have lived there during
the entire period during which he has owned the property. And he can testify that he has not had
any evictions. So his tenants have been longstanding, responsible, good tenants who
have not had any negative impact to the community over the time period that he and his partner have
owned this building. As we said, we're not appealing the roof deck. We're not asking
the court to consider that. And unfortunately, that was how we were made aware of the fact that
the proper zoning did not exist for the existing and licensed six units. Unfortunately, at the
meeting before the Bella Vista Neighborhoods Association, the roof deck became an issue.
And we are representing to the board that we were going to, well, we've abandoned the use,
And we intend to remove that roof deck and we do not seek the board's approval or even consideration of that use of the roof deck for purposes.
for purposes. Now, I believe there are also documents showing the diagram of the six units
Now, I believe there are also...
in the building. If I can just get to that exhibit, Mr. Chairman.
There is the deed for the property, Mr. Chairman, as required.
Also, we have the two tax clearances for both the owners.
But maybe I should start off with these are the pictures of the property in question and the neighboring properties.
As you can see, there's two entrances from the front of the building.
The history of the building was at one time there was a business occupying the first level that had been abandoned many years ago and has always been residential.
This is the diagrams of the four stories, including the roof deck and the basement.
As I said, the roof deck is being abandoned.
But as you can see, there are six individual units.
Some of the units are two bedroom. Most of the units are one bedroom units, each having a bath, kitchen, and four of the units having washer dryer units completely used.
And as I'm pointing to a courtyard here, which is an area which provides for ingress and egress from the rear of the building into the courtyard and an alleyway, which goes into a general alleyway for use as an exit, an alternative exit, in addition to the two street front exits.
And the other documents I intend to show are, there's one tax clearance for one of the owners, and there's another tax clearance that has been submitted for Mr. Trinity. And that's my witness list for this property.
uh i've um i believe that i think mr canusa what you could do is you why don't you have your
testimony adopted by mr kennedy yes anything you said you've already said so why don't you
adopt a testimony yes i i would at this time ask mr kennedy to uh uh indicate or have him sworn in
and then indicate whether he would adopt the testimony state your name and spell for the
court reporter? My name is Anthony Cronetti, A-N-T-H-O-N-Y, last name C-R-I-N-I-T-I. Right.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth? I do. Proceed,
Mr. Canuso. Mr. Cronetti, have you heard what I have stated to the board this afternoon in favor
of your appeal from the refusal by the L&I for the use of this property as six residential units?
yes would you adopt that testimony as yours yes i would thank you so questions from the board
no mr chairman no mr and mr canusa what we're what we're what's in front of us right now is
a building that has six units at least for the last 12 years and now you're trying to legalize
it right correct nothing nothing to do with this roof correct we're we're abandoning that use and
we intend to remove the roof. Thank you. Questions from or statements from the virtual audience.
I see no hands at this time, Chair. Planning Commission.
This is Ron Bednar, City Planning. This property is indicated for residential use on the city plan
given the physical conditions of the site and its documented use history. We have no objection to
Thank you. MI 2021 004840 627 South 10th Street. I vote yes.
I vote yes.
Thomas Holloman?
Thomas?
Thomas Holloman, my vote is yes.
Thank you.
That's it, Mr. Canuso.
Thank you.
You have your votes.
Thank you very much.
Thank you, Your Honor.
We'll be excused.
Okay, is there anyone in the virtual audience from the 3.30 listing that hasn't had their case heard?
I see no answer this time, Chair.
Thanks, everybody. Good day.
Good night.
Thank you.
Good night, Mr. Chair.
Good night.
Thank you.
What is happening here?
It's strong, having a state.
Oh, it's not.