question um yes yes it was okay and then uh the uh uh deck that you're talking about which is more
like a balcony now um on the what's that above the first floor right so it's more like a juliet
kind of balcony yeah it's only um it's three and a half feet wide uh so here it's three and a half
feet wide so we wouldn't be using it uh you know we're not going to be probably out you know it'll
be a if you can put a chair out there and sit out there we'll do that um but it's that's more to just
allow us to open up this and and then walk down the stairs and use the deck uh below um and this
would be transparent um guard rail so not kind of incurring any additional um refusal and and this
again was the plan that we shared with the immediate neighbors and they were very pleased
with you know our adjustment to our original plan and um i'm happy to to hopefully see the project
through and did you show this revised plan here to lni uh i've included this is this and filled
out the updated proviso uh form uh so these this uh plan is is um this is the revised plan here
which shows
the deck being pulled back
okay and
did this generate any
additional refusals
did you tell them about the
stairs that's my concern
I'm not sure about
the balcony but decks are supposed
I think not have
a permanently affixed
roof or stairs
yeah um the answer is um uh no this has not been uh vetted by l and i um given the time we have
just um we just came to this proviso plan okay just just an issue that may come up if you want
to have the stairs, you know, generate a refusal about the stairs. Okay.
Any other questions from the board? Yeah, I think my question is more around hardship. I understand
the desire for the opaque roof deck, but have you considered doing 50% or less opacity
um to get rid of that i mean it seems like you you had three refusals
and it seems like you've tried to at least address one of them yeah um we did not consider other
yeah um we did not consider other um uh changes to the to the guardrail to make it transparent
uh we certainly would it didn't when we talked about it with the community and the 14 members
uh that joined for the meeting um nobody had uh any issue with that and um they were they were
certainly fine with it, so we didn't make the adjustment
to that, given that there wasn't
a question about it from the community.
The questions from the board.
Questions or comments from our attorney, Hillary Emerson?
Yes, Mr. Chair, I was just looking
um because i had this the same question um as miss gaston regarding the exterior stairs um they
they may generate an additional refusal um i needed an official confirmation from ellen i
but they having the stairs from the ground level to the deck is typically prohibited except in the
uh actually this doesn't make sense oh sorry no they're permitted except in the case of attached
buildings where steps from the ground to the deck are prohibited i'm not sure whether this
was classified as an attached structure or not but if it's attached the stairs would be prohibited
it had to say an attached structure so this would generate another this would the stay
the addition of those stairs would generate another refusal
hillary aren't they wouldn't they also get a height refusal or they could it's 10 feet
for the height as well isn't it for height for what stairs on an attached structure
um i do not know there's a height there's a height restriction as well
yeah and the the only thing that i'm seeing in the one section that i'm looking at is that the
the stairs are prohibited if the building is attached
so but the board can certainly decide to to grant that the board can request an amended refusal
based on the revised plans.
It is up to the board.
So, Hillary, if we wanted an amended refusal,
do you have to go back?
Well, if we wanted an amended refusal,
we probably just want to do a resumption hearing
or depending on what planning wanted,
if they wanted to give their opinion today,
you know, or if everything else was done today,
we could just hold it for an amended refusal
that reflects the revised plans
that have been presented to the board today.
Questions or comments from the virtual audience?
Planning Commission.
Ron, do you want to comment today?
Yes, we will.
This is Ron Bednar, City Planning. The properties indicated for residential use on a city plan or adopted district plan recommends no change to existing zoning at this location. Applicants' hardships are not supported with evidence of any feasible circumstances of the property that would prevent it from being used informally with the code. Therefore, we recommend request for variance not be granted.
So, Hilary, we want to hold this until we see an amended refusal?
Yes, Mr. Chair, we can hold for an amended refusal and close the record otherwise.
Close the record otherwise, have an amended refusal, and then you'll come back in, okay?
And Mr. Markowitz, if you're not sure about how to obtain an amended refusal, you can contact us.
You do need authorization from the ZBA in order to do that.
Does that mean that I will present this again at another hearing?
No, we are all done with presentations and testimony for this matter.
You just need to submit the amended refusal and then the board will vote.
Thank you, sir.
Thank you.
Thank you all.
Thank you very much.
number three mi 2024 004 131 2520 north front street t-e 117
2520 North Front Street, T-E-117074.
Alan Nockamson is the attorney.
Mr. Nockamson.
Mr. Nockmson is coming back as a panelist
Nockmson
Mr. Nockmson, you've already been sworn
there's a letter of unanimous support from NARS Square
and a letter of non-opposition from Council Member Lozada
our Vice Chair
first of all, could you identify your client and relationship to the property?
Yeah, so my client's the owner of the property. It's VP 2514-2516 Front LLC. And in the virtual audience, it's member Roy Aronovich.
And our vice chair has just a few questions for you, sir.
Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its 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?
yes thank you council please proceed i share your screen
all right so this is a very straightforward uh project 25 14-20 north front street
currently this is an 18 unit residential project uh with uh two commercial units on the ground floor
This is actually in the minimum income overlay. So there's an affordable aspect in that respect. Also, my client availed themselves also of the affordable housing bonus program where they got two additional units.
So right now there's five affordable units in this project.
So they've had the hardest time renting out these two commercial units.
And even though we're on North Front Street, which, you know, further, you know, closer to Fishtown, that would be a commercial corridor.
This is not. We're not near the L.
And we're just having a hard time renting out these units.
And in the virtual audience, along with my client is Joe Clary, our broker, who's going to testify that they've been unable to rent these units.
So we're looking to essentially swap out these commercial units with residential units.
So during my presentation, I'm going to be reviewing the notice of refusal.
Then, as the chairman stated and verified, we have correspondence both from the Coordinating RCO, which is the Norris Square Community Action Network, as well as District Council Member Lazada, who are in support and non-opposition to this project.
Then I have a copy of our zoning permit showing that we have 18 legal units in residential units in this building, and we're looking to increase that to 20 residential units by swapping out the two commercial units on the ground floor.
Then just, you know, just saying what we've been doing with this project, and I think that's why the goodwill we have.
We do have our affordable housing marketing plan, and we are entering into separately a community benefits agreement with the coordinating RCO with regards to some affordability for those two commercial units for a short period of time.
Then we will review maps of the area, photographs of the property, our plans and drawings.
We took some of the site plan that we had for the general project, and then I just honed in and we created our own floor plans for those two commercial units that we're swapping out, hopefully to make them residential.
Our RCO meeting notice, it was a well-attended meeting.
There was unanimous support.
Our application for appeal that we filed to the ZBA, deed to the property showing that my client is the owner of the property, and then the certificates of tax clearance.
Again, I would just ask that Mr. Clearly virtually raise his hand before I go to Mr. Aronovich, and he can testify about the hardship we have in trying to use these units as commercial.
Our refusal simply has to do with the fact that we're adding two residential units, which would exceed the amount of residential units allowed.
residential units allowed. I do have an issue with the refusal. It says that 12
I do have an issue with the refusal it says that 12
units would be allowed as a right. Really, it's 18 because we are part of the MN as well as we
availed ourselves of the affordable housing program. So it's really we're 18 legal units
and we're asking for two additional residential units by way of this variance. And then the second
refusal has to do with the fact that we're having no commercial
units on the ground floor for the CMX2 property. At least we're
proposing that. Letter of support.
There were nine community members. There were 10 board members, a total of
19. They all voted in support
of this endeavor. And then council member
and then there's some provisos. I don't think
where there was conditions. I don't think they're enforceable, but we did separately
enter into a community benefits agreement with the Norris Square Community Action Network.
And then separately, we got a letter of non-opposition from the council member.
And then this is our zoning permit showing that we do have 18 legal units. So, you know,
the refusal is off in that respect. And all we're doing is asking for those two commercial units to
to be converted into residential
for a total of 20 residential units.
And then this is just our affordable housing marketing plan
for this project.
Our zoning map, which shows that we are a CMX2 property.
There's a mix of zoning between multifamily across the street
as well as CMX2.
maps of the area. As you can see, we're not
really on a commercial corridor. We did
an inventory of the 2500 block of
North Front Street, according to what we saw, 2504,
12, 22, 26, 38, 42,
and 44, while all CMX2
are exclusively residential, which means a ground floor
units are not commercial in nature photographs of the property
our orange notice poster this is north front street to the right of the property there are some
like commercial but you know there are units on ground floors of some of these
properties but it's there are a number of ones where there's none and you can see for more from
this direction to the left of the property on the north front. What I'm seeing here is mostly
residential units on the ground floor. And then our plans and drawings. We're just taking these
two commercial units on the ground floor. They both have direct access. So the residential
units would have direct access from the street. So that's unit A and unit B.
And then these are just the elevations. This is already built as of right.
And what I wanted to do is just simplify it. So we zoomed out, zoomed in and created our own drawings, which mimic, you know, the floor plans here. But there's, you know, they're basically both one ones, you know, you both walk into, you know, front door for each of these, you have a living room, a dining room, and a kitchen, and a bathroom, a half bath, and then you have a full bath down there on the lower level.
Also can see it as maybe a studio where maybe someone rather just have a bedroom up top. So it's flexible. But, you know, again, what's going to be helpful here is that the housing program that my client is using for these two units are people who are in transition, who really don't need a lot of space.
And that was something that was, you know, very viable to the community and a desperate need for the community, people who are in transition.
So these two residential units would be very helpful for those people in the community.
Our RCO meeting notice, we met with the community on August 26th at 6 p.m.
We emailed that notice two weeks ahead of time to the relevant parties.
And in that email, it included that notice and then proof of mailing of that notice, 190 addresses.
These are a list of the addresses.
These are proof of mailing to those addresses.
Our application for appeal that we filed on behalf of our corporate client.
Our notice of refusal.
Our project information form, our deed to the property.
Our project information form.
All right.
So we consolidated these properties.
I believe the reason why we're going to have three tax ID numbers, I think this OPA is still working through that issue.
So tax ID, certificates of tax clearance for each of the parcels.
So I would ask that, I guess I have Mr. Aronovich first adopt my testimony as his own, and then I can have Mr. Cleary testify as the broker of records about the commercial units.
So Mr. Roy, can you virtually raise your hand?
he's been allowed to speak sir could you please state your name and spell for the stenographer
roy aronovich r-o-y-a-h-a-r-o-n-l-v-i-c-h swear or affirm to tell the truth the whole truth
nothing but the truth yes please proceed counsel yeah uh roy you heard everything i had to state
today about your zoning matter yes is it true and correct correct yes and he adopted his own
testimony yes and i know we have joe who's going to testify but you did try to rent out these
commercial units right correct we try to rent them yeah and despite your best efforts you've
been unable to correct and you have entered and i know this is not zoning but uh relevant to zoning
but you did enter to a community benefits agreement with the coordinating RCO to designate these units for youths in transition.
Is that correct? Yes. All right. Thank you. Mr. Clary, can you virtually raise your hand?
Mr. Clary. He's been allowed to speak. Sir, please state your name and spell for the stenographer.
all right yes can you hear me uh uh joseph cleary j-o-s-e-p-h-c-l-e-a-r-y
you swear for him to tell the truth the whole truth nothing but the truth
yes sir please proceed counsel yeah mr cleary uh you're a licensed uh salesperson