did send him a copy of everything that was that you guys received as well
as far as giving him a second opportunity we did want to want and want to give him an
opportunity to show, because he continually said that he had community support, which
apparently was not the case.
It was everybody that he was talking to was, you know, living not within the 250-foot range.
And unfortunately, unfortunately, you know, there's been a whole lot of, and I believe
that the board has read everything that was submitted from our office, and there were a lot
of different things that have gone on with regard to this case. Again, it was pretty much, and when
he says a family-friendly things along those lines, Mr. Haley really doesn't live in the community
either. He saw this as a business investment, and he made a very bad business investment because he
did not do the research to see whether or not it would be something that could go through
as a buy right as opposed to having to go through a zoning hearing, which I explained
to him very thoroughly when he called me at some point last year.
Also to point out, it is not the RCO's responsibility to help him or to guide him through.
I did provide some level of service because it appeared that he didn't have a thorough
understanding of what was the actual
things that were going on with regard to
the zoning hearings, and I had to
give him a thorough education on that, and
I did advise him
to to to engage a lawyer because of the fact that there would be missteps that might be it might
to engage
a lawyer because of the fact that there
would be mistakes.
occur and again missteps have taken place so you know and again the community is not responsible
for the missteps of the of the applicant so you know just to clear that up sir okay thank you
planning commission
thank you chair bergman and good morning david fecto f-e-c-t-e-a-u with the city planning
commission do you swear a firm to tell the truth the whole truth and nothing but the truth
yes sir i do proceed thank you sir mr chairman and board members in 2017 the zoning map was
amended in this neighborhood this parcel was intentionally left as single family in accord
with recommendations from the comprehensive plan.
However, this building has a documented commercial history
dating to at least the mid-1960s.
By showing pictures of the building's interior,
the appellant has shown that the building
cannot be converted to residential use.
And so the City Planning Commission recommends
that the board grant the use variants
for a takeout restaurant.
Thank you.
We've heard a lot of testimony on this.
I'm gonna take this to our executive session,
which will be next Wednesday.
We will vote on this at 9.30 a.m. next Wednesday.
Thank you.
Thank you, Mr. Haley.
We're going to go to number one.
MI 2023-000613-336 Pemberton Street.
Roger Perry is the attorney.
We have a letter of support from the Queen Village Neighbors Association, a letter of non-opposition from Council Member Mark Squillin.
Are we joining as a panelist?
Here I am.
Good morning.
Thank you, Mr. Perry.
could you state your name, please, and spell for the court stenographer? Roger Perry, P-E-R-R-Y is
the last name, and I'm the attorney for the owners. All right. Do you swear for him to tell
the truth, the whole truth, and nothing but the truth? I do. Could you identify your client,
a relationship to the property? Yes. My clients are Jeff Weil and Lauren Crona, and there's an
architect, Jackie Gusick, and they may all be here, but I will be making the initial presentation,
and they can raise their hand if they need to add things.
Our vice chair has a few questions.
Thank you.
Good morning, counsel.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, we do.
Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?
Yes, we have.
Yes, we have.
Thank you, counsel.
Please proceed and share your screen.
okay the screen should be up there if possible
i'm going to increase the size uh can you see the exhibit list we can okay thank you uh good
morning and there's a couple of others uh as we need to proceed here but i'll try to make this
as short and sweet as possible uh this is a request by the uh the owners who are current
occupants of 336 and 338 Pemberton Street. The initial request is for a lot consolidation.
A lot consolidation was requested in order to do a build-out of their existing single-family home.
The single-family home had refusals. Request was refusals. Initially, it was too high because
they included the pilot house and we removed the closet storage space in the pilot house
and that made the height permissible on that proviso change document and the plan has been
submitted to Hillary Emerson and reviewed and we would ask that to be considered as part of the
submissions here. The other refusal, which there were two, were dimensional. And we've argued that
this is essentially a de minimis dimension variance, based on the fact that there's an
existing rear block wall that is incorporated into the single family home. And that makes the
property approximately, I believe, 3% approximately too small in terms of lot coverage.
The primary issue in terms of the variance request that went to the RCO at two meetings, who has filed the letter of support, was that they had a request for a two-car garage on Pemberton Street without an existing room on the street.
without a an existing room on the street and and queen village neighbors association has been noted
for years has requested to have some eyes on the street so by agreement the site plan was changed
the building plan was changed as submitted to one garage and with a room and windows on the street
And in conjunction with that, and the second meeting with Queen Village, they supported the project.
So let me go down through the documents and give you a little better idea of what we're going.
We may have notices for both RCO hearings.
And we'll back up a little here, see if I have photos.
Of course, thank you.
Okay, so this is the street site and so forth. This is the current interior that was submitted
by the architect. An overview, this is the property here. I have posting photos as well.
So the, let's see what we got here. This is the submission for the
site in terms of modified well I'll put up the modified plan interior plans it's a single
family home with an elevator and that's one of the issues that they wanted to do a more
comprehensive build out notices that's the new description let's see if I have the posting photos
this was for the second notice and so forth prior notices were posted here
meetings were this is in the front of the property this is what the site looks like a
little bit this is their house and this is the jason parking space at 338 this is the two lots
that are being consolidated.
Let me put up the, see if I can do that.
Right, okay, here's the proviso change plan.
So what we've done is submitted to the board
through Ms. Emerson, the revised,
and the revised would be, we only need the one page,
but we included the construction proposed.
But you can see here what we've done is reduce the off-street parking to one garage with a room on the street.
And in conjunction with those meetings and the neighbors, that was supported by Green Village as a side note as to off-street parking.
in this one block where I showed the photos, there are 18 off-street parking spaces in the
immediate three-quarters of a block next to 336. So originally when the 300 block of Pemberton was
developed with Queen Village and so forth, they requested off-street parking. So ironically,
there's 18 off street parking spaces in that same block. And the, so this will not be an
outlier garage. This would just be a 19th, you know, off street parking space. And I don't know
if there's any questions, bona fide plans, we'd be asking for the variance and this one page
that's been reviewed by Ms. Emerson for the change that was submitted originally. And the primary
change was to lower the height by eliminating the storage in the pilot house and going from
two cars to one car garage. And we can answer any questions if the board has any or any further
input. You also have a letter of non-opposition in the council member Squill, am I correct?
Yes. Okay. And Queen Village too, right? Queen Village actually supported the project.
Okay. Why don't we bring the owner on and adopt your testimony?
uh yes um who do we have there do we have uh either jeff or lauren
if they're there can you raise your hand
jeffrey wild has has their hand raised i've got them to speak hi sir could you state your name
please and spell for the court stenographer uh yep jeffrey wild j-e-f-f-r-e-y-w-i-l-d
Right. Do you swear or affirm to tell the truth? The whole truth is nothing but the truth.
I do. Proceed counsel. Thank you, Jeff. Thank you for being here. Have you heard
the essence of my presentation to the board today? I did. Yeah. And can you adopt that
as true and correct to the best of your knowledge and belief? Is this you that testified as the
owner? Yep, that is correct. Thank you. Questions from the board.
yep that is correct thank you questions from the board no chair
tom emily
no chair okay thank you um questions or comments no mr chairman excuse me thank you
questions or comments from the virtual audience
i do not see any hands mr chair planning commission thank you chair bergman and board
members good morning david effecto with the city planning commission the comprehensive plan
recommends no change to the residential multi-family zoning at this location the
appellant requests off-street parking where none is allowed and dimensional variances for
maximum occupied area rear yard depth and rear yard area the proposed dimensional variances for
occupied area and rear yard depth are minor and in keeping with the spirit and intention of the
zoning code however the variances for parking and rear yard area are substantial and staff
believes that no economic detriment will accrue to the appellant if these variances are not granted
So the City Planning Commission recommends that the board grant the variances for occupied area in rear yard depth, but deny the variances for parking and rear yard area.
Thank you, David.
Council, you want to respond at all before we take this?
Yes, just briefly, if you can hear me, the rear yard.
Where am I muted?
Should be unmuted.
We can hear you, sir.
We can hear you.
Okay, thank you. Yeah, just very briefly, the rear yard is sort of constrained by the fact that this is, this property has been enclosed by a block wall for years and years, and they're sort of controlled by that. And, and the idea, the primary issue, as noted, went to the RCO on the garages, and which we did as, as owners and the architect has reduced this to one car with, that's this here with the change with the window on the street and so forth.
And just note in this one particular, I could show that, but don't need to in the photos, but there are 18 off-street parkings immediately adjacent to this property.
So this is not going to be an outlier by any means and a very narrow street.
Okay, thank you.
MI 2023-000-613-336 Pemberton Street.
I vote yes with proviso.
Revised plans, one page, stamped by ZBA, July 26, 2023.
Ishmael Shaheed, my vote is yes.
With proviso.
With proviso.
Thomas Holloman, my vote is yes, with proviso.
Thank you.
Thank you, counsel.
Okay, thank you very much.
All right, number three, MI 2022-004-784-536 Brinton Street.
Sharon Harvey is the attorney for the owner.
uh mr chair did we mr chair did we skip number two i'm sorry if i did
i did you're right i'm sorry mi2022 007610 440 to 42 west queen lane henry clinton is the attorney
We'll be hearing this also with number 9, MI 2023-000102-442 West Queen Lane.
We have a letter of support from the 12th Ward Democratic Committee, RCO, and a letter of non-opposition from Solo Germantown with provisos.
Mr. Clinton.
Good morning, Mr. Chairman.
Hi, Mr. Clinton.
Could you state your name, please, and spell for the court stenographer?
Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
The owner of the property is Rosemond, R-O-S-M-A-N-D, Properties, LLC, and the principal is Anat Madar,
A-N-A-T-M-A-D-A-R
Our Vice Chair has just a few questions for you, sir.
And our vice chair has just a few questions for you, sir.
Good morning, Counselor.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed them all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?
I have.
I have, Mr.
Thank you.
Please proceed to share your screen, Counselor.
is that visible mr chairman yes maybe a little bigger if you get a chance certainly
that's fine okay uh and mr chairman i think you mentioned at the end that you want me to