ZBA Hearing - June 12, 2024

mr kravitz has been unmuted and allowed to speak i'm mr kravitz could you please state your name

and spell for the court stenographer hello chair my name is josh kravitz that's spelled j-o-s-h

k-r-a-v-e-t-s you swear or affirm to tell the truth the whole truth is nothing but the truth

yes i do please proceed counsel hi josh are you a member of the the vllc yes okay and did you hear

all of my testimony? Yes. And was it true and accurate to the best of your recollection?

The only thing I would add is I think I met with the RCO three times prior to submitting instead

of four, if my memory serves me correct. Okay. Outside of that, everything else was true and

accurate? Yes. Okay. And would you adopt my testimony as your own? Yes. Okay. Is there

anything else you'd want to add to the board? Again, we reached out to the RCO well before

even submitting for this project. We wanted to get their input at the very beginning of the process

so they could be involved throughout the entire thing. I think it worked well so that everybody

felt like they had a voice. We were really able to take their considerations and actually implement

them from the very start. So we're very excited to continue working with the community for this

project. And Josh, one more clarification. In meeting with the community, we agreed to remove

the roof deck and pilot houses, correct? Yes, that's correct. That's one of the things they

wanted. We agreed to removing both of those. And that's what we're going to be seeking also

an amended refusal for yes the amended um refusal will uh clarify that thank you i have nothing

further questions from the board no chair no questions chair questions or comments from our

attorney biller emerson two quick things um one mr dean if you could forward that letter that you

showed that you received today to us for our records that would be great um and the rco to

your knowledge did not issue a letter of support i've obviously they signed the community benefits

agreement um that's correct they they what they they asked of us was that we prepared the they

gave us the terms that we agreed on at the meeting i prepared the agreement for them and then they

asked us to sign it and then a few days later they um philip murray the chair um returned his

signed copy okay all right thank you questions or comments from the virtual audience

i see no hands at this time chair planning commission sir ron bednar city planning first

name ron r-o-n last name bednar b-e-d-e-n-a-o you swear or affirm to tell the truth the whole truth

and nothing but the truth i do please proceed property is indicated for residential use on the

City plan. Given the physical condition of the site, we have no objection to the granting of a

multifamily use variance provided the height requirement is fully met. Thank you. We're

going to hold the vote on this until there's a corrective refusal. Am I right, Hillary?

Yes, correct. Corrected and amended. Yes. The record is otherwise closed.

Everything's closed, and then once we get this, we'll vote, okay?

Thank you.

And, Hillary, I'll get you that document, and I will update you.

Thank you very much, sir.

All right.

Number three, MI 2023, 004362, 1218 Wallace Street.

Winter Wooten is tenant applicant.

John Zayo and Jackie Leo are the listed owners.

Winter Wooten is coming back in as a panelist now, Chair.

Okay.

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

uh winter wooden w-i-n-t-e-r

Winter Wooden, W-I-N-T-E-R-W-O-O-D-E-N.

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Yes.

Could you turn on your video, please?

Sure.

Give me one second.

Sure.

Take your time.

All right.

You should be able to see me now.

Yeah, we see.

our vice chair

do you swear a friend

told you it's nothing about truth did I do that yet

with you yes yes

our vice chair has a few questions for you

okay

hello ma'am

have you emailed in all the required documents

and exhibits that is needed and required

before you proceed with this case five days in

advance of this hearing

not five days in advance but I did submit

everything that I was asking for

you guys were asking for

Thank you. I do see where you see it every day. Please proceed and share your screen.

Okay. Give me one second.

Green button at the bottom of the screen.

Oh, green button. Okay. Got you.

Share.

Okay. Just give me one second.

Okay.

no i have my computer i'm talking to you through my computer

uh what type of software what kind of computer i have an apple so i'm not quite sure that i

don't have a regular computer so um do you not a walker through an apple computer

i do not yes okay uh give me is my buddy there computer expert i am here however i am also not

familiar with apples yeah okay here we go wait a minute she's up she's up you got it i do apologize

um i'm not used to sharing my screen so that's your zone notice right so this is my zone of

notice here. And then this is the refusal. So the refusal was, um, there was a three-year

proviso. I'm not quite sure if I'm saying it right. Um, on the, on here and it expired. Um,

I was made unaware at the time that there was a proviso on the occupancy and that it was only a

three-year occupancy and that I had to reapply. Um, it's already, it was already going to be a

child care center um prior to me so um i just i'm just updating the proviso and um here's the

occupancy right here 12 18 wallace um has everything that you guys were requesting for

um so um we have a food prep license we have all that good stuff we're um open for business

give me one second we're open for a business and this is what the space looks like

um we're uh we're licensed from the department of DHS to have um approximately 32 children in

this space which does serve the community I met with the community um and they just want to have

a three-year proviso put back on it even though that my lease is 10 years so I'm gonna have to

redo this again they just want to make sure that this stays a child care center okay so you already

had a three-year lease you already had a three-year variance right and now you need another

they they're improving another three-year variance am i right yes i asked for it to be you know

permanent for a child care center because it's well needed in that um in that neighborhood

but yeah so um and it's it's really nice it's really uh elegant inside um the children love it

the parents love it you can see through the glass that that's a huge apartment building

it is um it's low income apartment and uh 95 of my children come from that low income

apartment right across the street and also too like we do stuff with the community so

So the RCO, they were happy to give me a three-year provance, but not past that because they are feared that this may turn into, I don't know, some type of restaurant or anything like that, but it's not.

All right.

Questions from the board?

No, Chair.

No questions, Chair.

Questions or comments from our attorney, Hilliard Emerson?

Just briefly, Mr. Chair, and I neglected to jump in earlier.

Just briefly, Mr. Chair, and I neglected to jump in earlier, but just to clarify for the record, this application is for a child care center in an existing structure.

There's one refusal, and that is a use refusal for the child care center.

I did want to clarify with Ms. Wooden, this use is just on the first floor. Is that correct?

Yes, this use is just for the first floor.

Okay. Mr. Chair, I would suggest if the board approves adding a proviso, clarifying the use is limited to the first floor because there has been a use previously approved for the second floor and a note that the basement is vacant.

Thank you. Thank you, Hilary. That's a good point.

I just don't want to mess up the auditorium that's up there because it is something different as the auditorium.

I don't want to mess up the zoning up there on the next level.

That's why we're saying with the first floor.

Yes, yes, yes, yes, yes.

Okay.

I don't want to mess up.

Okay, good, good.

All right.

Questions or comments from the virtual audience?

I've seen no hands at this time, Chair.

Planning Commission.

Since I run Bednar City Planning,

while this property is currently indicated for residential use on the city plan,

given the physical condition of the site and its use, documented use,

we have no objection to the granting of the requested variance.

So MI 2023-004-362-1218-Wall Street, I vote yes.

Temporary variance expires 6-12-27, proviso, first floor only.

lebaron leonard palmer my vote is yes with proviso ishmael shaheed yes my vote is yes with proviso

thank you you have your votes

okay all right thank you sure number seven mi2024 00423 1708 nordane street vernon anastasio is the

attorney, letter of non-opposition from the Center City Residents Association, and also

applicant has a petition of non-opposition support from 17 neighbors, including the adjacent

neighbor on Daudain Street, 1706.

Mr. Anastasio is coming back in as a panelist now, Chair.

Okay.

Good afternoon, Mr. Chair.

Counselor, you've already been sworn to state your name for the record.

Yep, it's Vern Anastasio on behalf of the owners, Mr. and Mrs. Murmura.

Our vice chair has just a few questions, sir.

Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulate to his accuracy?

I do.

Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

Yes, sir.

Thank you, counsel. Please proceed and share your screen.

Thank you.

Mr. Chair, we're here for this rear addition on this relatively small row home lot, and this rear addition will align with the adjacent property as well, and we're putting on a 177 square foot deck at the top.

I'm moving into evidence, 52 exhibits, including the zoning refusal, the photos of the property, the plans, the RCO notification letter and proof of mailing, the zoning poster and proof of posting, the deed.

We have a signed petition, as the chairman has already alluded to, the RCO results letter, which was a letter of non-opposition tax clearance and overhead views.

of the property in question it is zoned rsa 5 and we are here simply because it's just the

dimensional variance uh we're here because the rear yard depth required seven feet whereas this

will be again consistent with the adjacent neighbor about four feet three and three quarters inches

here's the property in question with me today is Paul from Blue Path who is the architect on the

project he'll be able to walk you through some of the plans as well here is the fence that we're

Here is the fence that we're proposing.

proposing.

Here's the infill between the buildings.

Here again, here's the existing rear yard.

And what we're proposing here.

and here's the adjacent property again aligning with that rear wall

my clients are seeking this area simply because to make the property more livable

and to not be able to do this would in fact certainly cause the property to be less enjoyable

space and since it is in complete consistency with the area of homes and those just on that block

we do believe that this will be just an added value to the property

here's some interior shots

Here's the zoning letter that was

mailed out. It's a two-page letter

inviting folks to the public meeting at

CCRA, which happened on March 26th

and also to today's hearing on June 12th.

Here are all the addresses that were mailed.

And here's the proof of mailing 167 individual households were in fact mailed.

Here's the poster, the proof of posting on the facade of the building.

And we have the deed as well.

I'm going to call Mr.

I don't know who's here from Blue Path.

Paul, if you're there, could you please raise your virtual hand?

Paul Thompson has been unmuted and allowed to speak.

Thank you.

Could you say your name, please, and spell for the court stenographer?

My name is Paul Thompson, T-H-O-M-P-S-O-N.

I'm the architect at Blue Path Design and the designer of this property.

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Yes, I do.

Please proceed, counsel.

Thank you.

Paul, would you like to add anything about the actual design of the addition?

The only thing I'd like to add is that for this zoning variant we're requesting, we are not asking for a deck.

It's simply a three-story addition to the rear of the building.

as Mr. Anastasio noted, it's aligned with the adjacent addition and none of the addition will

be visible from not Dane Street, so it has no impact on the public way.

Thank you. Do you have your client? I do. Mr. Memora, if you could please raise your virtual hand.

Mr. Mamura?

Yes.

Hi, could you please state your name and spell for the court stenographer?

Michael Marmura, M-A-R-M-U-R-A, first name is Michael, M-I-C-H-A-E-L.

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