ZBA Hearing - November 18, 2020

you're live thank you good morning everyone and tanya do you need a few minutes um yes

we'll allow everyone to come in you'll let us know when you're ready

lakisha you're all good

yep ready to go all right

Jason

Yes

You're all good

Yes ma'am

Could you also do the continuances as well

Just post those as a call out

Yeah I'll do that

Thank you kindly

You're welcome

Thank you.

Okay, Chair, looks like we're ready.

Okay, thank you.

Good morning, everyone.

My name is Frank DiCicco.

I'm the Chair of the Zoning Board of Adjustment.

I'll be participating in today's hearing,

along with our vice chair, Ms. Carol Tenere, board secretary, I'm sorry, confessor's not here,

and board members, Mr. Thomas Holloman and Mr. James Snell. Board administrator, Ms. Tanya Sunkit,

and board attorney, Ms. Sharon Saleta, are also in attendance. For those of you who haven't yet

participated in one of our virtual hearings, I'll go through some of the basics of what you can

expect. First, we will be administering oaths to individual participants prior to their testimony.

Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

identify themselves prior to speaking or testifying.

Third, we'd like to advise everyone that this proceeding is being recorded and that by

participating, you acknowledge your agreement to be recorded.

Fourth, for anyone participating by phone, if you wish to testify, you must raise your

hand by hitting star nine and then star six to unmute yourself.

I'll repeat that for anyone participating by phone if you wish to testify you must raise your

hand by hitting star nine and then star six to unmute yourself finally to enter an appearance

statement call google 267-270-5548 and leave your email address and the address of the property at

issue. I'll repeat, to enter an appearance statement, call Google 267-270-5548 and leave

your email address and the address of the property at issue. With that said, but before

we begin, before Ms. Denary calls our first case, we'd like to ask if anyone is requesting

a continuance or withdrawal for this morning's hearing, to please raise your hand.

in the meantime i will read off uh continuance requests that have already been made

mi 2020 dash zero zero one two three seven one eight oh one dash five nine north american street

cases being continued at the request of the attorney representing the applicant

MI 2020-001228-223 South 44th Street is being continued at the request of Councilwoman Gautier.

MI 2020-001239-2815 Grays Ferry Avenue is being continued at the request of the attorney for the applicant.

If anyone disagrees with the three that I read off, please raise your hand.

And if anyone else is requesting a continuance or withdrawal, please raise your hand at this time.

Chair, this is Sharon Saleta.

Could we confirm that no one representing the applicant, that the applicant or anyone representing the applicant,

is here for the case where the continuance request was submitted by Councilwoman Gauthier?

Councilwoman Gauthier. Oh, so noted. Is there anyone here on count on 223 North 44th Street

So noted.

who has any concern about the request made by Councilwoman Gauthier to continue this case?

Is it an attorney on file?

or um no there's not this was um expediter betty mom's that's all i see is betty mom

and we also have no exhibits on this case or i did not receive exhibits okay okay i don't see

so you can just call them singularly to speak to a continuance i do have um

one for Grace Ferry Avenue,

which is number nine on your list for this morning.

I have a continuance for that.

Okay, Mr. Feldman, you can speak to a continuance?

Yes, Ms. Salkett, members of the board,

good morning, Brett Feldman on case number nine,

MI-2020-001239, 2815 Grace Ferry Avenue.

this is um this is for a new mcdonald's uh in the great story shopping center there um i'm

requesting a continuance um but uh as i explained to miss sunkett uh i think a week or two ago in

an email we also have a companion case uh on december 2nd um that's for the signs today's

case is for the structure and the the construction of the the new mcdonald's there's a companion

case on December 2nd. And the continuance requests that I'm making is to have these two

cases, today's case, November 18th, and as well as the December 2nd case, consolidated together.

So they're put on the same calendar for a continuance date coming up. The way L&I requires

you to file appeals and zoning applications separately for signs. So you have these situations

where there's two cases for the same property and I was hoping you could coordinate with me to make

sure that those are consolidated for the same upcoming date. Is that doable Tanya? Yes. Okay

we'll accommodate you on that. Great thank you. Thank you have a good day. Okay excuse me this is

Sharon Soletti, again, attorney Justin Crick is here for the 44th Street case, 223 South 44th Street.

Good morning, sir. Please identify yourself with the record. Spell your name and I'll swear you in.

Wait, I'm sorry. I missed the name. Justin Crick. Yes.

Mr. Crick, you have now been promoted.

You can unmute yourself.

Thank you very much.

My name is Justin Crick, K-R-I-K.

Address is 1500 JFK Boulevard, Suite 630-19102.

We're confirmed to tell the truth, the whole truth, nothing but the truth.

Yes.

Thank you.

Please proceed.

Yes.

Well, I wanted to address the continuance request.

I don't know when it was received, but we would prefer to proceed.

If the board is going to entertain that, then I will communicate with council's office.

And as for exhibits, they were submitted to the board, but I will confirm that with Ms.

Saleta as needed.

So I just, I wanted to voice that I was on the call and wanted to know if the board was

entertaining the continuance, then I will follow up with council if they are, if the

board is willing to hear the matter then I will proceed. Mr. Crick this is Sharon Saleta did you

copy me on those exhibits? I will check my email now but I know I sent them to the RCO ZBA email

let me confirm that but

I apologize take two more seconds

and can i add i believe that the council i believe that the councilwoman's request for

continuance was based on her understanding that there had been no rco meeting is there had been

there had been an rco meeting and we do have a letter of support in the in the file uh my so

my materials were delivered to you on monday morning and i uh included in there an explanation

as to the three days versus five-day period, but yes, and I believe the Spruce Hill Community

Association sent a letter to the board on November 16th as well. Okay, in that case, I will look again

Okay, in that case, I will look again for the exhibits, and if the board decides to go forward with this case, I will contact Andrew Goodman of Councilwoman Gauthier's office to let him know that there was a community meeting.

for the exhibits, and if the board.

It looks like Andrew Goodman is on. I think I see his name come up.

Yes, Mr. Goodman, you can speak.

Hi, good morning, can you hear me?

Yes, Mr. Goodman, please identify yourself and I'll swear you in.

Andrew Goodman, G-O-O-D-M-A-N, here representing Office of Third District Council Member Jamie Gaudier.

We're in the firm to tell the truth, the whole truth, nothing but the truth?

Yes.

Thank you. Please proceed.

Yes.

Mr. Crick is asking us to go forward, so please proceed.

Yes, absolutely.

So we did receive the RCO letter about 24 hours ago.

So we we change or remove our request for continuance because that's what it was based on.

So seeing that the RCO meeting did take place, we're totally fine with the case being heard today.

OK, thank you. So that case will go. We'll go forward with that case.

All right. Thank you. Thank you, Mr. Crick. We'll go forward with your case.

That's 44th Street. Yeah, it was number eight on our list.

Any other requests for continuances or withdrawals?

Yeah, we have a Lisa Brooks.

Ms. Brooks, you can be waited this morning.

Hello?

Good morning, ma'am.

Please identify yourself for the record.

Spell your last name and give us your address, please.

My name is Brooks, B-R-O-O-K-S. My address is 3824 Aspen Street.

We're in the firm to tell the truth, the whole truth, nothing but the truth.

I do.

What case are you calling in reference to?

I didn't, I kind of came in a little late, but it's for the address, the property of 3818 Aspen Street.

Are you the owner?

No, I'm not.

I'm a resident on the block.

Oh, we're asking now for cases that are being asked to be continued or withdrawn.

Oh, I'm sorry.

You'll need to wait until that case gets called to testify, okay?

Okay.

No problem.

I'll stay on it.

Thank you.

Mr. Chair, we have Sloan folks.

Mr. Folks, you may unmute yourself and wait to be sworn in and speak to a continuous.

Good morning, Mr. Folks. You know the drill. Please identify yourself and I'll swear you in.

Good morning, Chairman DiCicco and ZBA board. And yes, I do know the drill.

My name is Sloan Folks, S-L-O-A-N-E, F-S-F-I-R-O-L-K-S, Office of Counseling Maria Cianna Sanchez, room 508 City Hall.

Confirm to tell the truth, the whole truth, and nothing but the truth.

Nothing but the truth, yes, sir.

I'm just calling to confirm, and I didn't know that I heard this incorrectly, that meeting number MI2020-001237-1801359 North American Street was being continued.

I didn't know that I heard that correctly or incorrectly.

You heard that correctly, and that was at the request of the attorney representing the applicant.

Thank you very much, sir. Have a great day.

You do likewise.

we have miss hillary on the line miss hillary you can unmute yourself and wait to be sworn in

morning miss emerson please identify yourself and i'll swear you in

uh good morning mr chair members of the board hillary emerson e-m-e-r-s-o-n

on behalf of councilwoman sherelle parker swear and affirm to tell the truth the whole truth

nothing but the truth i do thank you please proceed yes i'm here actually on um two cases

Neither of which I believe has had a community meeting to my knowledge. So I just wanted to see if there's anyone here on these cases, not to request a continuance. The first case is MI-2020-001225, that is 1329 Levick Street, L-E-V-I-C-K, Levick Street.

one second for the purpose of the board that's case number two okay next one hillary uh the other

case is um mi-2020-001274 58 71 north 6th street um this is sharon selena can i add that i don't

um this is sharon selena can i add that i don't have a record of having received

have a record of having received

received exhibits in either of those cases okay thank you uh there's a request from

a councilwoman parker's office that these cases be continued one being uh 1329 levick street and

the other being 5871 north 6th street is there anyone here who objects to those cases being

continued we don't have any information anyway so that will be continued correct

i don't see no okay thank you mi 2020-001225 1329 levick street is continued mi 2020-001274

5871 North

6th Street

is continued.

That's number two and number 15

on our sheets.

Thank you, Hillary.

Any other requests?

Yes. Mr. Elwood, you may unmute yourself

and wait to be sworn in.

chair he's available hey sir please identify yourself for the record name and address

my name is uh elwood van skyver he is in victor a n s c i v e r the property uh that issue is at

four six one four chester avenue

there's a second to locate it

that's number 13 13 and i have no exhibits requesting a continuance sir sir i am the

applicant and the owner

uh again are you requesting a continuance because we don't have any exhibits

Yes, sir. I am. Okay. All right. So MI 2020-001231-4614-16. Chester Avenue is continued.

Thank you. Any other requests?

Yes, we have a Craig. You can unmute yourself and wait to be sworn in.

I'm waiting. Please identify Craig Melodosian. Please identify yourself. Spell your last name.

Craig, C-R-A-I-G, Melodosian, M-E-L-I-D-O-S-I-A-N, P.O. Box 3-3-3-5-5-1-9-1-4-2, Ward 40, Republican RCO, Coordinating RCO.

So we're requesting a continuance for multiple reasons.

Excuse me, one minute, Craig, Craig, Craig, Craig.

Yes, sir.

You swearing for him to tell the truth, the whole truth, nothing but the truth?

I do.

Thank you.

Please proceed.

Okay.