that was rented and again these were not legal rentals at the time so what my client did when
when having the in having this brought back into is to just make it proper and seek this process
what's that back door that we see what does that back door go to the door this is the back door to
the front let me let me come out okay so there so the there is access to the front the front can
but they have to come through the back they got to come through the they have to come out
to the basement internally internally internally they would have this was this is the this is the
kitchen i'll go to that picture here it's the kitchen it's the other side of the kitchen so
so the person who has this uh basement unit would come through this alleyway or to the side of the
property they would enter from the side and then down some other steps here is that that is correct
let me go to the picture um let me go to the picture so you can see exactly what is envisioned
so they'd come in through this door and they'd enter through the steps to get to the rear this
is the kitchen of the first floor unit that that door yes yes and this is the unit so this is this
here is the the door this is actually a closet here um this is the window that you would see
how low it is this is a three foot here it's two it's two and a half feet so basically you
could just walk out if there was a security issue and get to the outside but um and that's why
let's see here let me let me go to the so here
i wanted to go to the further i think there was a picture showing the further
that you said two sets of steps but there was there's they just want to walk up to this platform
and down correct okay um and i guess uh my other
Okay. And I guess my other question would be, so when this property was purchased, there was, it was, was there any effort to look into what the zoning for the property actually was?
no i think that as i mentioned before as as mrs uh as miss berry mentioned her thought was let's
just do it the way it is let's just redo it the way that it is it's got it's it's separated into
two units it's got two meters let's do it that way and i think that's i don't think we're here
because these things came up in the pursuit of rental licenses that's when the um that's when
she learned of it and so that's kind of why some of these questions weren't addressed beforehand
okay thank you other questions from the board yeah another question for you mr tabin can you
talk me through the electric and the um the heating and cooling systems for each unit
okay so here's the both both units are electric all electric and so these are the as you can see
this picture here is where their meters are um and so when you said heating and cooling i think
there was a picture here so these are the units that provide that one for each
okay so if it's all electric is it radiators are they using tax is there central air okay
these are central these these i'll show you so you can see these units here
Yeah, I know what they are. I just haven't seen it.
Oh, I'm sorry. So you can take a look at it right over the front door.
They've got one unit here that's blowing.
And I think, and let me go to the other bedrooms.
I think there's, I think there was some.
And was this system pre-existing or did your client add it?
AC unit is a supplement. I'm sorry.
Was this system pre-existing or did your client add it?
they added that they added that i just want to point out that that is more than floors and paint
but oh yeah this is no this is complete renovation this is not touch up this is complete you know
to the studs completely be done walls floors and bathrooms and kitchens these are all this is all
new in the inside and yeah that's one unit i want to see see there's there's ceiling fans
There's a window for there's an AC unit here, window for cooling fan on the ceiling there.
I think the same is true for most of the rooms.
And I thought there was another one that could see in a picture.
Yeah, here's the unit for the basement apartment and electrical panel.
Thank you.
questions from our attorney hillary amberson
mr topton did you receive a letter from the rco we did not we requested that from from um you know
the 44th ward and we didn't get one we didn't i don't know if they just sometimes they'll send
it directly to the board we learned today whether or not there's a approval or any questions but
Okay. That's fine. We did not receive one either, so it's always just checking. All right. Thank you.
Questions or comments from the virtual audience?
I do not see any further hands, Mr. Chair.
Planning Commission.
Thank you, Chairman, and good morning. David Fecto with the City Planning Commission.
Chairman and Board members, the comprehensive plan recommends no change to the RSA-5,
residential single-family zoning at this location. This property has a documented history as two
dwelling units in a beauty shop dating to 1958. A later use permit from 1966 shows that it was
reconfigured into a single-family dwelling. The City Planning Commission recommends that the
deny the proposed use variance for two dwelling units.
MI 2024-001-176-5101 Funston Street, I vote no.
Michael Johns, my vote is no.
Cheryl Gaston, my vote is no.
Senator Graham, my vote is no.
Eowyn, my vote is no.
Ishmael Shaheed, my vote is no.
Thank you, counsel.
Thank you.
Number 12, MI 2024-001-329-2330 North Reece Street.
Ron Anastasio is the attorney.
There's a letter of unanimous support from Norris Square Community Alliance.
Applicant also has 11 signatures, 10 from that block.
10 from that block.
Coming back.
Coming back, one as a panelist, sir.
Vern Anastasio, you've already been sworn.
Just for the record, could you please state your name?
Yes, good morning, Mr. Chair.
Members of the board, Vern Anastasio, representing Nemea Thomas.
Our vice chair has a few questions.
Thank you.
Good morning, Counselor. Do you agree to waive the reading of the refusal or stipulate to his accuracy?
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?
I have.
Thank you, Counselor. Please proceed and share your screen.
Thank you.
okay 2330 north reese street is uh the legalization of a pre-existing non-conforming
to family dwelling in an existing uh building my client purchased the property from dance
Realty LLC. When she purchased it, it was in fact a legal, I'm sorry, a non-compliant two-family
dwelling. As it says here in the application, the property was purchased already converted
with separate units, separate electric meters, and complying with the code would cause her
to have to convert the entire family back to a single family, remove an entire galley kitchen.
She only purchased the property for $50,000, so the property wasn't worth a whole lot.
So having to put in another, doubling that just to get it back to compliance would bring the property underwater.
And she truly believed at the time because she bought it from a real estate company.
It presented itself as a two-family dwelling, and of course it had the two electric meters.
she thought that it was legalized. So with that, here's the ground floor is a one bedroom apartment,
as you can see with ample living space. You come in from the front door, you make a left
and you've got your apartment, living room, eating kitchen, bath and bedroom. Out back,
there's trash containers, the yard. Second floor is more of a, let's say a junior one bedroom.
You come up the stairs.
The back of the property, you have a full bath.
You have your landing.
On the right, you have your eating kitchen.
Then you have your large bedroom.
That serves as sort of a living space as well, the way it's set up.
With a bed, a television, a small love seat.
And we have photos that show that.
There's no living space in the basement, by the way.
Just some storage and utilities.
The block is all residential.
This is not the only duplex on the block.
Here's the rear of the property, we have photos of the basement.
These were, this is the photos upon purchase.
Second floor being occupied.
there's that back bedroom as you can see there's like a sofa a little side table a
bed television so it's for a bedroom it's pretty large and then it has the galley kitchen that's
also eat in we had our public meeting with the RCO after full meeting the RCO
unanimously supported it.
Here's the flyer.
The poster
and the refusal.
Proof of posting.
Taxes paid.
Here's the deed.
Here's an aerial.
there is some rm1 towards the end of the block but in fact there are also in the middle of the block
Other two family dwellings. It's not the only one Nara Square Community Alliance had the meeting again
other two two family dwellings it's not the only one narra square
unanimous support
Everyone in attendance voted to support it
And then my client went down the block and collected signatures
Most of which are from folks right on the block over East Street
because my client reasonably relied on the seller's representation
and the fact that it had two separate electric meters and two separate units fully
and because we have overwhelming support from not only the rco but the neighbors on the immediate
block itself respectfully request the granting of the variance and with that i'd like miss thomas
to raise her hand.
Miss Thomas.
Namaya Thomas.
Jason, did we see her?
No, my name has been allowed to speak.
Thank you.
Could you please state your name and spell for the stenographer?
Hi, my name is Yama Thomas.
My name is spelled N-Y-A-M-A-H-T-H-O-M-A-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Thank you, Mr. Chair.
Yama, did you hear my presentation to the board this morning?
Yes, I did.
And it's true and accurate to the best of your knowledge?
Yes, it is.
And do you adopt it as your own testimony?
Yes, I do.
I have nothing further.
Vern, could you show photos of the basement?
You went by that real quick.
I just want to see what the basement looks like.
I think it was the first photo.
There it is.
The basement there?
Yeah, it's the first interior shot.
Hold on.
Looks like a pretty low ceiling, Mr. Chair.
But, yeah, that's what it is.
And there's the utility room, and then there's the storage.
Washings from the board.
Is that carpeting or linoleum?
No, it looks like linoleum down there.
I guess you would call that semi-finished.
But there's no kitchen or bathroom in this?
Nothing.
Nope, it's just empty. We have utilities on the left, storage on the right, in the rear, or front.
Quick question. When you were telling us about the history of her purchase, did you say that she had to rip out a kitchen?
No, no, no, no. I said we're trying to avoid having to do that.
Yeah, yeah, yeah.
Questions from the board.
it was just the first
do you know the basement is heated
oh sorry Mike
I don't
I just want to state for the record
that if the ceiling is below 7 feet
this cannot be legally occupied
I know that's not what you're seeking but I did want to
say it while your client's on the phone
to hear