ZBA Hearing - October 9, 2024

Mark must be heard.

And we come to our one case here.

MI 2023-004-627-4710 Warrington Avenue.

Alan Knopson.

There's a letter of support from Cedar Park neighbors.

ALLEN NOCHEMSON WILL BE REJOINING US AS A PANELIST.

GOOD AFTERNOON, MR. CHAIR MEMBERS OF THE BOARD. ALLEN NOCHEMSON.

NOCHEMSON, COULD YOU IDENTIFY YOUR CLIENT RELATIONSHIP TO THE PROPERTY?

YEAH, MY CLIENT IS 4710 WARRINGTON LLC, THE OWNER OF THE PROPERTY,

And I have with me today, Mattel, a man, its member.

Notice you're looking up.

Are you looking at the Phillies game?

I know you're a fan.

I know you're a fan, Alan.

It's first and third.

One out.

We scored.

We're doing good.

That's going up in the air, Alan.

I knew you were doing that.

Can I share that screen?

We can all agree that you support the Phillies.

Let us please handle this.

our vice sure has a few questions for you sir do you agree to wait to read another refuse or

stipulate to his accuracy i do i i do but i do have to say if i if i curse or anything like that

it's not on you guys all right uh have emailed them all the required documents and exhibits

that's needed and required to proceed with this case five days in advance of this hearing

uh yes all right please proceed and share the screen let's go phillies

let's go phillies we all can agree on that as a city all right um so i'm here to present 4710

warrington avenue this is pretty straightforward uh it i have the notice of refusal here this is

an rsa3 property we're proposing to put a triplex here um you know there is use nearby actually

next door which you know has multi-family use uh we did meet with the community uh we have a letter

support from the Cedar Park neighbors, which unanimously either supported or are non-opposition

to this project. Again, nearby multifamily. I have maps of the area, photographs of the property,

simple floor plans, our RCO meeting notice. Again, my client did this herself until this point

because she owns the property as an LLC. I'm taking over here just for the hearing,

But, you know, she sent out the notice.

Our application for appeal that she filed, her deed to the property showing that she owns the property as 4710 Warrington LLC.

And then finally, the certificate of tax clearance.

At the conclusion of my presentation, I would ask that Mattel virtually raise her hand, be sworn in, and I have a few questions for her.

RSA 3 property, we're only looking to put a duplex here.

Again, not out of character.

Next door, there is a duplex.

Letter of support, again, based on the description, everyone was in support of this.

This is a very sophisticated part of the city, Cedar Park.

I find that this group will flesh things out.

If there's issues, they'll let us know.

So given that they unanimously either supported or non-opposition speaks volumes about the merits of this project.

And there you see the vote.

Then nearby RSA multifamily, as I said, next door, is allowed for, you know, had history for two units.

Then nearby on 48th Street, 818 South 48th Street, also multifamily, 826 South 48th Street, multifamily.

And this is 801 South 47th Street, multifamily.

Maps to the area.

Yeah. We're near commercial corridor on Baltimore Avenue. We're near like we border a lot of the multifamily or multi-unit zoning designations such as CMX2, RM1.

So it wouldn't be out of character to have like multifamily here either. And again, commercial corridor means also, you know, public transportation.

Photographs of the property, proof of note of posting the note at the orange notice poster work.

This is Warrington Avenue to the right of the property, Warrington Avenue to the left of the property.

My team made simple floor plans here based on the site conditions here.

But you walk into this porch area, this little vestibule area, you make a left.

But you walk into this porch area, this old vestibule area, you make a left, you have a living room, dining room, kitchen, open floor plan, you go and then you go up a flight of steps, there's the two bedrooms and a bath.

Instead, you go up and then you have a living room, let me just minimize this a little bit, a living room and two bedrooms as well, and then there's a third bedroom on the second floor for that unit as well.

RCO meeting notice.

The addresses that the notice was mailed to are application for appeal that my client filed along with the notice of refusal, the project information form, the deed to the property showing the 4710 Warrington LLC as the owner of the property.

And then finally, the Certificate of Tax Clarence, where it shows that she actually has a sizable balance in a positive way of credit, so she's tax compliant.

With that being said, I would ask that Mattel virtually raise her hand and be sworn in.

Hi, could you please state your name as spelled for the court stenographer?

hello hi could you please state your name and then spell it for the court stenographer

yes hi could you please state your name and spell it for the court stenographer

sure lipal patel d-i-p-a-l last name p-a-t-e-l

where are firm to tell the truth the whole truth and nothing but the truth

yes please proceed counsel yes you heard everything i had to state today about this

zoning matter yes uh is it true and correct yes and do you adopt as your own testimony yes

thank you questions questions from the board

questions or comments from our attorney

um just briefly mr knockamson is is there any parking at the property this is an rsa3

uh there is not um you know in terms of that um if there was a with the parking requirement it

would be allied character to have parking um on the property itself it's landlocked there is you

know it's not wide enough to have a drive aisle so that would be our hardship and there is a lot

across the street yeah we're just saying in terms of parking on street parking yeah on the property

yes yes okay no thank you i just wanted to clarify because it looks like that refusal was missed

thank you questions or comments from the virtual audience

i see no news at this time chair planning commission

thank you chair meg cavanaugh for planning commission staff the comprehensive plan

recommends no change the existing rsa3 residential single-family zoning at this location there is no

unique condition that prevents the property from being used in strict conformance with the zoning

code the city planning commission use variance for two family use um mr chair can i just respond

just quickly um this is a rather sizable lot almost 2500 square feet it's not out of character

to have multifamily nearby, which in fact, there's one next door, and we're near a commercial

corridor. This is a rather sophisticated neighborhood group who is in unanimous support

of this project. Thank you. MI 2023, 004-627-4710, Warrington Street, I vote yes.

Cheryl Gaston, my vote is yes.

Tanetta Graham, my vote is yes.

Iowan, my vote is yes

Ishmael Shahid, my vote is yes

Thank you, Mr. Nothamson

Thank you, go Phillies

Did they score, by the way?

They did, they're up one zip

They could have scored more, but that's okay

One zip

Is there anyone in the virtual audience

whose case has not been called?

I see no means at this time, Chair

Thanks, everybody

A lot of work done today

all right thank you all thank you good rest of the week thank you bye everyone