Valenti.
P-V-L-E-N-N-T-I.
We're affirmed to tell the truth, the whole truth, nothing but the truth.
Counsel?
Good morning, Mr. Valenti.
Did you hear my testimony just now regarding your property at 2329 South 12th Street?
Yes, thank you.
When you purchased the property in 1997, is that the way the property has been set up and that's the way it's set up now?
Okay. Is there anything you wish to add?
Nothing further, board.
Questions from the board.
I have a question.
How many people
that lived on 12th Street
are on the petition that was signed?
I know there was other streets that were noted.
How many 12th Street
residents were?
Yeah, let me just scroll down
to my petitions.
That's Fitzgerald.
that's behind it, that's
the South 11th, that's again Fitzgerald, which is behind
it, Durfer Street
let's see, 141
there's a 12
or 2372
south 12th that's on the block
1123 Rittner
street
2327 south 12th
street
1132 Fitzgerald
street
Fitzgerald street
1125 Fitzgerald 1140 Fitzgerald 1120 Fitzgerald 1116 Fitzgerald and Durr 4 which I believe both
of them are um two back streets yep they're the two back streets that back up to the to the property
and are as close as any of the 12th street properties okay thank you you're welcome
Other questions for the board? Yes. Can we see the how we're doing this three units? The first
floor is going to have the efficiency in the one bedroom unit? Yeah, so the first floor has an
entrance to the efficiency on the corner that that entrance that's right on the corner where the
streets meet and that uh the entrance on the side of the property uh gets you into the first floor
unit i mean the the one bedroom unit and has steps up to the second floor unit the second
floor unit has two means of entrance and egress that exterior deck entrance as well as the interior
or stairs from the first floor.
Thank you.
Any other 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.
Thank you, Chairman, and good morning.
David. 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 of ground floor commercial use and one apartment. At some point, an owner appears
to have converted the ground floor commercial unit to a residential unit without the benefit of
permits and added an additional dwelling unit, again, without the benefit of permits.
through no fault of the appellant.
The City Planning Commission recommends
the board grant a proposed use variance
for three dwelling units.
MI 2024-004-307-2329 South 12th Street,
I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Tanetta Graham, my vote is yes.
Iowen, my vote is yes.
Iowyn, my vote is yes.
Thank you, board.
Number 15, MI 2024-004-375-2130 Tasker Street.
Vern Anastasio is the attorney.
There's a letter of unanimous support from Point Breeze Community Development.
Vote was 9-0.
Chair, Mr. Harry Cook will be rejoining as a panelist shortly.
Good morning, Mr. Cook.
Good morning, Mr. Chairman. Let me just start my video.
Sure. Thank you. Could you state your name and spell up for the court sonographer?
Sure. Harry Cook, H-A-R-R-Y-C-O-O-K, Anastasio Law. I am filling in for Vern this morning. He's on medical leave.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and relationship to the property?
Absolutely. My client is here today with me, Heshi Posner, who is the managing member of the ownership entity, who will be adopting my testimony at the end of my presentation.
Stipulate to the reading of the refusal and do you agree with its accuracy?
I stipulate to the reading of the refusal and the accuracy of what it states.
And all of your documents were in prior to five days?
Yes, Mr. Chairman.
Why don't you share your screen and start your presentation, sir?
Thank you.
Can everyone see my screen?
Yes, sir.
All right, Mr. Chairman, members of the board, good morning.
I'm here for 2130 Tasker Street.
As discussed, this has unanimous support from the RCO.
Some of the folks who were at the meeting and on the vote tally expressed the need for multifamily in the neighborhood.
This property has a long history as a two-unit dwelling.
I'm just going to pull up and ask the board to take judicial administrative notice of the length of time that this property had a rental license for two units starting back in 2003 at a minimum.
My client purchased this property in October of 2023, and at that time, it had an active rental license, excuse me, let me go down one more, that would have expired in February 2029 of, excuse me, the last day of February 2024.
So all indications of this property from the way by which it was marketed as a two unit city records showing that it was a legal two unit would have put any reasonable person into a reliance phase that this was, in fact, a legal two unit dwelling.
I'm going to take you through some of the photos of the property.
You'll be able to see that it is, in fact, the original photos of the interior.
You'll see older construction.
Here's the common stairwell that does not look new.
It does not look newer than 40 years.
The way it's demised is a two-unit.
This is a common area from stairwell to door.
take you to the kitchen. All of the heat, all of the utilities appear to be rather original
and extended in time in their existence. For example, here's the first floor kitchen.
First floor unit kitchen does not appear to be newer than 40 years in terms of the aesthetics
of it and the use and, uh, and where, uh, the same goes for the bathroom on the first floor,
but I'll take you to the kitchen of the, uh, second floor unit. And it is, and we'll go back
to the basement and I'll show you the, uh, the meters that have been there for quite some time.
Um, the second floor kitchen, same situation, the cabinetry, the flooring, very traditional,
vinyl of the period for a kitchen. So we're dealing with a property that has an extensive
history as a two-unit dwelling. Folk on the block who were in attendance and voted noted
on their vote that this had been a long-standing two-family dwelling. Here are the plans just for
here are the plans just for review. You come into the common entrance, you go to the left,
review. You come in.
there is the first unit, first floor unit. It has a bedroom up front, a bedroom in the rear
that has access to the rear yard, existing kitchen, existing living room. Coming in up the stairs,
up to the second floor unit, kind of a similar layout. You have existing bedroom in the rear,
bathroom, kitchen, bedroom up front, and all parties have access to the basement, which is
accessory for utilities and storage. And I just want to take you down so you can see
the existing meters in the basement.
Okay. These are the existing utility lines. We have, again, it's an unfinished basement. There's
no plans to change anything here other than storage and cleaning up. Here is the first and
second floor meters, apartment one, apartment two, as you can see these are
not new meters, these are the older gas meters, electrical meters, again older
meters, not just installed, so on and so forth. Again this property marketed as a
two-unit, had a history of a two-unit. Client went to go renew rental licenses as a new owner
because rental licenses don't run with the property like the zoning permit and was advised
that there was no history of a zoning permit on file, making this a two-unit. A lot of back and
forth between our office and LNI regarding the reliance of interest, regarding the fact that
you know, for 20-plus years, rental licenses were granted, and it brought us to this board
to make a final determination on the pre-existing non-conforming aspect of this property, which
again was proved up at the public meeting by residents. And with that, if the board has any
questions of me, otherwise, I'd like to call my client to adopt my testimony and answer any
questions the board may have why don't you bring your client on please uh mr posner are you available
raise your hand
hosner could you please state your name and spell for the course sonographer
e s h y e o s n e r
do you swear or affirm to tell the truth the whole truth nothing but the truth
Yes. Proceed counsel. Mr. Posner did you hear my presentation to the board today? Yes. Was it true and accurate to the best of your knowledge and understanding? Yes. Do you adopt that presentation as your own testimony? Yes. Yes.
Questions from the board.
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 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 is a
primarily single-family block face. However, a prior owner appears to have added an additional
dwelling unit without the benefit of permits through no fault of the appellant. The City
Planning Commission recommends that the board grant or propose to use variants for two dwelling units.
MI 2024-004-375-2130, Tassier Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Tywin, my vote is yes.
Thank you.
I'm going to go back to number seven. MI 2024-004-299-7143 Edmond Street. Jorge, follow, please.
They will be coming back in.
Thank you.
Thank you.
Good morning, sir.
Hear me?
Good morning, sir.
Turn on your video, please.
It says you cannot start your video because the host has disabled it.
Yes. Our host, our host, please.
The co-host asks you to start your video, start your video.
All right. Just just for the record, state your name. You've already been sworn.
Yes. George Falu.
Yeah, sure. Where do you stand? Did you find your documents?
Now, the documents I have is the same document I have.
But the landlord, because I hear y'all talk about blueprints and stuff like that.
So I think I need to continue to get the more.
Fine. All right. OK. All right. Thank you, sir.
And so no, no, you're not to be sorry.
M.I. 2024-004-299-7143 Edmonton Street.
Cases continued. If you have any issues, call the office and they will tell you how to proceed.
OK. Thank you very much.
No, thank you.