ZBA Hearing - February 5, 2025

Mark must be heard. And the date on that, Mr. Chair?

0-7-23-25 at 9.30 a.m.? At 3.30 p.m. 3.30 p.m. Yes, all the cases from 3.30 are continued to

3.30 p.m. on the new date. Okay. All right, okay. Right?

No, not. Okay. All right. We'll talk about that later. All right. And number one, MI 2022, 007, 458, 5218 Arch Street. That case has been withdrawn.

Mr. Chair, we do not have a letter for withdrawal.

We just had a notification that the attorney intended to withdraw,

but it has not been officially withdrawn at this point.

I don't know if Mr. Upton is in the virtual audience and can do that on the record.

Is Devin Upton, the listed attorney, or Trina Lovetta, the listed owner?

Is either one here?

Mr. Chair, I do not see either in the virtual audience.

Do you want to continue this again?

The board's options are to continue or to dismiss.

All right.

So MI-2022-007-458-5218, Art Street, I vote to dismiss.

Michael Johns, my vote is to dismiss.

Gerald Gaston, my vote is to dismiss.

Tannetta Graham, my vote is to dismiss.

Iowan, my vote is to dismiss.

Ishmael Shahid, my vote is to dismiss.

Thank you.

At number six, MI 2024-005-973-247 South Warnock Street, Cody Cowper is the owner-applicant. It's a pro se.

Non-opposition from Washington Square West and non-opposition from Council Member Squilla.

They're coming back in as a panelist, sir.

Thank you.

Hi, Cody, could you please turn your video on, please?

Yes, one second.

Take your time.

Cody, could you please state your name

and spell for the stenographer?

Cody Cowper, C-O-D-Y-C-O-W-P-E-R.

Cody Cowper

C-O-D-Y

C-O-D-Y

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Yes.

All right.

This application is for the erection of an addition at the rear third floor level of the existing attached structure.

In the RSA 5 zoning district, the minimum rear yard depth for lots equals two or less than 45 feet in depth shall be seven feet, whereas the proposed addition provides five foot eight inches rear yard setback.

This is a proposed extension of an existing nonconformity.

Our vice chair has just a few questions for you, sir.

Sure.

Good evening, Mr. Calvert.

have you emailed in all the required documents and exhibit that's needed to proceed with this

case five days in advance of this hearing yes i believe so thank you sir you may go ahead and

proceed and share your screen okay and uh probably not shocking but this is my first time ever doing

this so hopefully that's a green button at the bottom of your screen share button try to open

up your files before you hit the button please okay um i have shared before i've just never uh

presented to the zoning board so hopefully it's what is uh expected and i'll i'll do my best to

answer any questions that might pop up okay so share screen i think that's the easiest

okay you're coming up now okay um so this is a little presentation i put together that i think

covers some of the requirements um and then um i have some other files that i can pop up

as part of the submission so as we already said this is for 247 south warnock street this is

between kind of 10th and 11th and Spruce and Locust Street.

So as was stated, the refusal was for a setback.

The requirement was that it's seven feet

and the proposal would result in a five foot,

eight inch rear setback.

So this is the notice of refusal from L&I.

This is the notice that was provided

to all neighbors within the required distance.

I have the letter of non-opposition from my RCO.

I don't have that in this presentation, but I can bring it.

We have a copy.

Okay.

Just for context, this is the front of the property,

not where the project would be.

um and then this is the rear of the property so as you see there's a uh an alley um behind the

property lines of the of um of the properties on warnock street and alder and um this picture

on the left uh my house is directly on the right side of that so that's i tried to take these

pictures to demonstrate that so if you were to pivot and turn you would see the rear of my house

which is this house with the arrow pointed at it and the proposed project is above that second

floor so the third floor wall that you see now would be pushed out to match the current wall

of the first and second floor in depth the width of it would be different but in depth

it would be exactly the same as the first and second floor

um here are the plans there there is some proposal for some other work within the house

um but none of that requires a variance so um as you can see the in the middle drawing here

The third floor, this is where it would be pushed out and it would be contiguous with the second and first floor's depth.

And it would be the same width as the entire structure.

Moving on, these are the plans I believe were what was submitted to zone or LNI that were

ultimately denied because of the need for the variance.

I don't know if there's any questions I can leave this up.

I don't know if it's been kind of clear, the description of the project.

And have you talked to your immediate neighbors, Cody?

and have you talked to your immediate neighbors Cody uh yeah my I mean

Yeah, my immediate neighbors are both in support of it.

I don't have letters from them.

One immediate neighbor did show up to the RCO meeting and voiced their approval for the project.

Okay, questions from the board.

questions or comments from our attorney hillary emerson

not at this time mr chair questions or comments from the virtual audience

i do not see any hands mr chair planning commission this is uh ron bednar uh city

planning first name ron r-o-n last name bednar do you swear or affirm to tell the truth the

whole truth and nothing but the truth? I do. Please proceed, Ron. The property is indicated

for residential use on the city plan. Given the physical circumstances of the site, we recommend

the request for variance be granted. Did you say that again, Ron? I didn't hear that.

Whole thing, I'll... No, not the whole thing. Just... Okay. We recommend that the requested

Thank you. So, MI 2024-005-973-247 South Warnock Street, I vote yes.

Michael Johns, my vote is yes.

Cheryl Gaston, my vote is yes.

Tanetta Graham, my vote is yes.

Iowan, my vote is yes.

Ishmael Shaheed, my vote is yes.

Sir, you have your votes.

Thank you so much. I appreciate it.

Thank you. Thank you for your presentation.

Is there anyone else in the audience whose case has not been called?

Chair, Mr. Chair, I do not see any further hands.

Thank you.

Thank you.

Thanks, everybody.

We did make our six o'clock time.

But, of course, they moved the storm instead.

So they did close the schools.

They did close the schools.

Virtual learning day.

Well, this is the last day.

Go, birds.

Congratulations.

jewelry