RM1 zoning at this location. The applicant's hardship is not supported with evidence of
unique physical circumstances or conditions of the property that would prevent it from being
used in conformance with the use requirements of the code. Therefore, we recommend that the
board deny the requested variance for visitor accommodation. Thank you. MI 2024-000-601-2215
mckean street i vote yes for a temporary variance that expires 6 12 27.
what liberal enter calmer my vote is yes with proviso
shaheed my vote is yes with proviso
you have your votes
sir so this is for temporarily you said
For three years.
Oh, for three years?
That's what I said.
6-12-27.
I'm sorry.
I'm sorry.
Thank you.
Thank you.
All right.
Thank you.
All right.
All right.
Let's go to our regular list.
Number two.
MI 2022-002-822-6701, Rising Sun Avenue.
David Orphanides is the attorney.
There's a letter of unanimous non-opposition from Long Crest Community Association with unenforceable provisos.
Mr. Chair, we also have a letter of support from Council Member Phillips.
Thank you.
Mr. Orphanides, please raise your virtual hand.
He's coming back in as a panelist now, Chair.
Good morning, Mr. Chairman.
Good morning, Counsel.
Could you please state your name and spell for the court stenographer?
Certainly.
David Orphanides, O-R-P-H-A-N-I-D-E-S.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify a client in a relationship to the property?
Certainly.
My client is L&L Financial LLC.
That's L and like the ampersand or plus sign, L Financial LLC, and they're owner of the property.
Our vice chair has a few questions for you, counsel.
Certainly.
Good morning, counsel.
Do you agree to wait to read another refusal or stipulate to its accuracy?
Mr. Shahid, I do for both.
have you have you emailed in the required all the required documents and exhibits that's needed to
proceed with this case five days in advance of this hearing uh mr shaheed yes we did the only
thing that was added just this morning uh to our submission was the letter of support from uh
council member phillips office we just received it minutes ago so i'm glad that hilary uh got it
as well and advised you of that great thank you please proceed and share your screen certainly
uh confirm you can all see my screen yes great again my name is david orphanetes with the law
firm of orphanetes and toner here this morning representing lll financial llc the owner of the
property in question which is 6701 rising sun avenue um you can see here from uh the zoning map
that the property has three frontages, rising sun.
that the property has three frontages, Rising Sun, Unruh Avenue, it's at the corner of Unruh
and Rising Sun, and then Martins Mill Road. Historically, the property was a gas station.
You can see your zoning permit from 1948, where it was a service station with grease and wash bays.
sometime around 62 auto repairs no body or fender work was added it remained a service station
I think along with auto repairs it looks through the 70s you can see here in 73 or 73 74
somewhere around well in 74 they added the rental of cars well that's what the zoning board variance
you can see here with the calendar number uh 77 was rental of cars in an auto sales lot with an
accessory office uh that was confirmed uh in 86 this memorandum and then in 96 you had auto sales
lot with the repairs or uh of the autos that were held for sale or rental with no body or fender
work. So you see that historically, this was a property dating back to the 40s that was utilized
as a gasoline station. We have here Sanborn maps also, 1927, showing it was a vacant lot.
And by 47, you have a gasoline station. You can see here, 50, it's a filling station.
And then in 70, 70 or 86, you see the change to auto sales.
The application is for to add the repair and maintenance of personal vehicles for those vehicles that aside or other than those that they sell or rent.
Our client came to us. We've known this client for a while that a number of their customers that buy vehicles from them with their auto sales come back and want repairs, as well as other people in the community wanting repairs for their vehicles.
So it's number one to provide a service to people in the community, prior customers.
And then there's a financial hardship as well. The sales and rental business, to some degree, isn't what it was, particularly the rental side of things. And this is necessarily to keep this longstanding business in operation.
As mentioned, we do have the letter to not oppose from Long Crest.
You will see, the client came to us after the community group meeting.
See the letters dated back in 22.
The person, and I'll have my client adopt my statements, the person who handled, my client went to the meeting, but who handled the 14303 notice no longer works for him.
So we didn't have a certificate of mailing.
So we did, our office did another mailing at the end of May. I communicated with Long Crest Community Association, with the head of the group, Mr. Grutzmacher, and we agreed that we would send out a notice that basically re-notified everybody what was happening, that there was going to be a zoning board hearing, and that if they had any issues or concerns, they should contact Long Crest.
At this point in time, we confirmed with Mr. Gurtzmacher yesterday that they have not received any notification from any members of the community based upon the mailing that we did at the end of May.
Here's the address list from the Planning Commission's link and a certificate of mailing.
So I just wanted to point that out in regards to Longcrest's letter.
We weren't present.
You do have the 45 to 0 vote in favor with the proviso that the chairman had referenced that all work is done on the property.
Um, and, uh, we did reach out to council member Phillips office and just this morning received his letter, um, urging the zoning board to approve the application.
Again, the, uh, the, the refusal is because personal vehicle repair and maintenance is not permitted in the CMX two zoning district.
You can see here the, um, zoning table, uh, CMX two is a second column from the left.
and you can see down here, personal vehicle repair and maintenance, as well as sales and
rental are not permitted. But again, the sales and rental has already been approved by variants
of the zoning board. We did, I did include a copy of the deed for the property with our submission
that shows our client as the owner. He does have a tenant, which in the property right now,
which is L&L Automotive, LLC, you can see their sign on the building.
on the building. These are current photos that we just took. You can see the existing sign.
There's been a face change with L&L Automotive. Interior photos we did include. You can see here
the bays. You saw doors to the outside on our exterior photos here. So we included both the
deed and the lease. Our tax clearance is at tab eight. And then the posting, we posted the
property. Here is the copy of the notice for today's hearing. And then the posting at each
of the frontages of the property here at Unruh, Martin's Mill, and then Rising Sun.
Again, my client is looking to provide a service to the community that they need and they want,
um both from his prior customers and other members of the community and again we believe
there's a financial hardship to justify the use of this property um given um the current market for
auto rentals and that um and uh we do again have the long-standing automotive use of the property
for resident or for automotive purposes and this is very much in keeping with its past approval for
repair and maintenance of vehicles, but just expanding it to
additional customers. And with that, I would ask my client to
identify himself, Roger Santos, and have him adopt
my statements.
Roger Santos has been allowed to speak. Please unmute yourself,
sir. Good morning. Could you please state your name and spell for the court
stenographer?
We have a Andrea Solomon with their hand raised, um, Rogers and those seems to be having a
Thank you.
I'll have that person.
We have a hand up.
Andrea.
good morning chair mr santos advised me that he was having trouble with his speaker on his phone
i believe he dialed in on his phone number as well okay thank you um counsel uh you're an
officer of the court we will take your testimony questions from the board
no questions chair no no chair questions or comments from our attorney hillary
Mr. Orphanides, I just wanted to clarify who your client was, because I think there's a tenant in this case.
And I think the tenants previously contacted the board to request a continuance.
Are you representing the owner or the tenant or both?
We're representing both.
They're essentially the same person.
Oh, okay.
Individuals.
And you notice that in the name.
They're both L&L, L&L Financial LLC, L&L Automotive LLC.
They're very similar.
So, yes, for a variety of business-related reasons, which I don't need to get into with the board, but it's essentially the same person.
But the application, I believe, was submitted on behalf of L&L Financial by Julio Tetsugo.
But either way, we are representing essentially both parties.
Thank you so much for the clarification.
Yeah, that's why I did provide the deed and the lease with our exhibit book.
Thank you.
Questions or comments from the virtual audience?
Yes, Chair, Strawberry Mansion has been allowed to speak.
That's not Strawberry Mansion.
That's not Strawberry Mansion.
I mean, I'm happy to hear from them, but that's not Strawberry Mansion.
They have their hands raised.
All right.
Is there anyone else in the virtual audience?
No, Chair.
Okay. Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change the commercial mixed use CMX2 zoning at this location.
The property has a history of personal vehicle repair and maintenance.
Therefore, the City Planning Commission recommends that the board grant the proposed variance for personal vehicle repair and maintenance.
Thank you.
MI 2022-002-822-6701, Rising Sunland Avenue.
I vote yes.
LeBaron Leonard Palmer, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you.
You have your votes.
Thank you.
That concludes my business, may I be excused?
Yes, sir. Thank you.
Yes, sir.
Thank you.
Thanks.
Thanks. Have a good day.
Have a good day.
So number 11, MI20...
So number 11, MI 2023-005-846-6150 Lebanon Avenue.
William Thompson is the attorney.
There's a letter of opposition from the Overbrook West neighbors, 16 to 1 vote.
Mr. Thompson.
William Thompson, if you're in the audience, please raise your virtual hand.
William Thompson is coming in as a panelist.
mr thompson
very there they are okay
Mr. Thompson.
It's not muted, Chair.
It looks like he's having technical issues.
We do have an Igor.
Here's Mr. Thompson.
Sorry.
Hi, good morning, Mr. Thompson. Could you please state your name and spell for the court stenographer?
William F. Thompson. Thompson spelled P-H-O-M-S-O-N.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to this property?
Yes. It's Modern Living LLC is the owner. Igor Andruska is the manager of that LLC.
I don't know. Vice Chair has a few questions for you, sir.
Good morning, 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?