jen could you please also tell us what the rest of the block is just multi-families all over the
whole block it's it's basically all multi-family on that block correct because across the street
is actually rem1 multi-family so those are multi-family okay the cmx2 none of the buildings
built has any commercial everything built on that block so far is residential
can you go back to the site plan sure so everything yeah if you can zoom into that so
what's the side yard width what's that side width sure um there's yeah let me zoom here
so it's a they each have a uh courtyard side so between the two ours is three foot
and then this side also has a space in addition.
So the total width might be closer to five, six feet.
So what's the double, the shared out?
So there's a two-foot shared alley?
That's, there's a two-foot shared on the deed
and the width here would be one foot
plus the two foot would be three foot side yard space,
open space.
so the actual access space will be wider
and the
and this
so I'm trying to understand
so the initial plan
was for the commercial on the ground
that's the required
so the required is that we must have
a commercial space for at least
the first 30 foot of the ground level
can you zoom out again to the hold so I can see
I don't know. Maybe it's my screen. I can try to hold the plan a little bit more.
Try to keep it centered.
Okay. And then who has access to the rear?
Everybody. Everybody from this building has access to the rear.
Because there's actually, here's the core entry for the center stairwell that accesses all units.
Even though the front does have its own separate entrance, the primary entrance is here on the side that allows everybody to come in. Of course, both the alleyway, the front will be lit. There'll be lighting and cameras installed for safety reasons.
That's the only question I have.
Thank you.
Now the questions from the board.
is the basement going to be finished i know you said that it could be used for additional living
space or for storage yeah it's um so so it's gonna be the utility some of the utilities will
be down there uh including the hot water heater um the so for all units or just for no just for
the first uh the first two okay yes yeah but is the is the basement going to be finished
it'll be a it'll be a open finished space at at the um at the time of construction okay
but not proposed for a living no
it'll be okay never mind
is that one window in the front the only window to the basement or has the plans
not been updated so so the this window is the only window in the basement for the front unit
and the back units only there's two i'm sorry there's two in the back oh there's two in the
back I'm sorry yeah let me zoom in actually it's so yes because of the court the back actually has
two windows the front because of the access alley and and the way the court is designed only has the
window in the front yeah but my question was is it planned to be finished because you said it could
be used for additional living space and if it's finished it should have egress even if it's not a
a bedroom. And right now there's no egress.
Oh, I understand what you're saying. The egress window here for, for.
That is an egress window.
I'm not sure on this plan. It doesn't seem to be.
It doesn't. Yeah.
I can confirm.
Why don't you bring your client one?
Please.
So Andre or Igor, if you're here, please raise your hand virtually.
I know that the, the account should be based on a phone number.
It is 267-701-3132 might be the number that would be my client.
And then, Mr. Jin, can you go back to the elevation?
Let me go back to...
yeah i'm just trying to see how high sure and how high is the first floor so it's five feet three
okay yeah so this is the total height is uh 36 3 42 feet to the parapet um and do you know what
the height is of the neighboring buildings same they're we actually try to my client try to match
to the next door building's height.
But that's
to the top of the parapet, not the top
of the pilot house. Correct.
Top to the parapet, correct.
Do we see his client?
Does he have his hand raised?
I have a number with
3131 at the end that's going to allow him to speak.
Hi, could you
please state your name and spell for the stenographer?
Good afternoon.
board. My name is Andre A-N-D-R-E-Y. My last name is D-E-B-A. Do you swear or affirm to tell the
truth, the whole truth, nothing but the truth? Yes, I do. Counsel? Thank you. Andre, did you hear my
testimony and see my presentation before the zoning board? Yes, I do. Other than the question
about the egress window, can you verify everything I represented is true and correct? That is
correct. So I believe the board member had a question about the egress window in the basement.
I know that the plan right now is to simply have it as open rec space. Is there an egress window
originally designed there? I'm sorry, can you please repeat that? Sure. For the basement,
the front unit, particularly the front unit basement and the back unit basement, are those
windows in the basement going to be egress accessible, meaning people can get out?
Okay, but they're not marked as such on the plans.
Well, yes, correct.
But they are.
Okay, so you will be putting in egress windows there?
Thank you.
Other questions from the board?
I have no further questions.
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 at this time, sir.
Planning Commission.
Thank you, Chairman, and good morning.
David Fecto with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends a change in zoning from CMX2 commercial mixed use to RSA5 residential single family at this location.
The zoning in this neighborhood dates to 1933.
The proposal for not including a commercial ground floor brings the property closer into conformance with the proposed RSA-5 zoning.
The proposed occupied area is de minimis and in keeping with the spirit and purpose of the zoning code.
However, the appellant has not shown that four units is the minimum needed to...
However, the appellant has not shown that four units is the minimum needed to afford relief versus the three that are allowed.
So the City Planning Commission recommends the board grant their proposed dimensional variance for open area and their proposed variance from the ground floor commercial use requirement, but deny the use variance for a fourth dwelling.
Mr. Jinn, do you have comments?
So I want to point out that the, I'm not sure the RSA 5, why the RSA 5 is being proposed. These are extremely large lots that have currently next to us are two or three, four unit buildings already.
on the other side there are three and three unit buildings as well those were built i think before
the four units that are already in place the across the street are also three to four units
in design so it the the four unit design actually makes a lot of sense with regard to the size
and the affordability of the units themselves within this area that is why my client proposed
them as such with the layout, calling for by level, which actually is a nicer overall design.
If we were to have to go down to three units, the entire building would have to be redesigned.
And if anything, the units would end up larger and might end up with more bedrooms because
it'll stretch out further into the unit.
So we would still ask the board's favorable review for the four unit in this case.
MI 2024-004-301-2213, North 7th Street. I vote yes with proviso. Maximum three units.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Canada Graham, my vote is yes with proviso.
Iowen, my vote is yes with proviso.
Thank you.
Thank you, counsel. Thank you.
Number 11, MI 2024-004-307-2329 South 12th Street.
Joseph Consul is the attorney.
There's a direct recommendation of opposition from Lower Moimensing Civic Association.
The RCO noted that there were approximately 16 members of the community present for another matter.
The applicant provided 20 form letters of support.
Joseph Consul will be joining us as a panelist.
Hello.
Mr. Consul, you've already been sworn. Just for the record, please state your name.
Joseph Consul.
Mr. Consul, could you identify your client and relationship to the property?
Yeah, my client is Candelario. First name, hold on one second.
is valenti um do you stipulate to the reading of the refusal and do you agree with its accuracy
i do have you provided all your documents with it five days prior uh we received last night a
letter of non or i don't know what you call it from councilman squilla um which is on the screen
now i believe it was copied to everyone is that in your file i see it sir thank you not we don't
have it but make hillary you don't have it do you um i have to double check i don't recall seeing
this um but it may it may have come in later but i'll just double check now yeah it came in last
night um and uh he notes the opposition and he notes the support and he's leaving the decision
to to the board so the council person is not is not against it uh okay so uh my uh client
valente candelaro purchased this property in 1997 it's 2329 south 12th street
uh historically this property has never been a single family home uh you go back as far in time
as you want but the most recent approval was i'm not even sure what year this is 1987 and it was
for a single family home on the second floor plus a retail and variety store on the first floor.
So it's always been one unit above, one unit below, and that's it. When my client purchased
the property, he'll attest to the fact that the property had been put into three units and he's
been operating it as three units since 1997 we're here to legalize those three units
that's our proof of mailing here's the exterior of the property
Here's the exterior of the property.
Go through the plans in a minute.
It's the corner.
There are entrances on the direct corner.
There's an entrance on the side, and there is an entrance above on this deck area, which I believe I've got a closer photo.
that obviously needs some love but there's three entrances to this property that's the side
here's the interior i'll show you the plans in a minute to show you how it's set up
some of the other interior photos i believe this is all the first floor
this is the first floor studio the the property closest to the corner is set up as a studio with
a kitchen and one bathroom that at the moment is the only occupied unit my my client
as he realized that he needed to legalize this did not allow the other units to be occupied
once his tenants moved out
Here's the second floor.
I'll note that in almost 30 years there's been no complaints about the property.
No L and I violations on the property or anything like that.
some more photos there's a second floor kitchen
steps leading to the basement here's what the basement looks like
the meters water heaters
um a client provided uh 20 petitions all of near neighbors in support of the property
you know as mentioned uh we had there was a a lot of people at the rco meeting however for some
reason the rco only counted three votes there was one non-opposition and three in opposition which
included the board um although i did speak with the rco chair and he said that he was
not going to show up to verbalize any opposition tax clearance there's that
showing zero dollar tax balance again squilla not against it that's the old
archive which we have showing all of the previous uses and then here's the layout this is let's
let me start the first floor start the basement basement is storage mechanicals washer dryer
the first floor as it's set up now is a one bedroom unit and a studio
unit, and then the second floor is a two-bedroom unit. And so my clients are asking to legalize
this. We understand that it had previously been two units, one being commercial. We will
defer to the board to what they see fit here. We're hoping an outright denial is not
um where the appetite is but um we understand that if you know if the number of units are
questionable then then we'll deal with that but um sizes of the units 475 520 and the second floor
is 962 square feet uh with that i'll call my client to adopt my testimony
Mr. Candelaro, could you please state your name and spell for the court stenographer?
My name is Candelaro Valente.
Okay, do you swear or could you spell your name, please, for the court stenographer?
Could you spell your name, please, for the court stenographer?
C-A-N-D-E-L-O-R-I-O.
Let's see.
Where affirmed the tilde?
I'm sorry.
Could you spell your last name?