Mr. Phillips, you can unmute yourself or wait for the chair, please.
Good afternoon.
this is tanya spell it please for the court reporter michael phillips with claire harrison
that's m-i-c-h-a-e-l-p-h-i-l-l-i-p-s uh attorney where a firm tell the truth the whole truth
nothing but the truth i do those two cases that i talked about 11 and 15 are continuations of
request of the RCO. And we share the RCO's request. We'll join in the request. I'll note
that the matter for Parcel D is currently on remand for the issuance of an amended refusal
to L&I. Parcel C is a companion case that's being continued so that they can be aligned.
Thank you so much, sir. Thank you.
Are there any other requests for continuances?
Mr. Chair, this is Hillary again on number 14, where we didn't receive exhibits.
I just got a request for continuance for that one.
And that can, the project needs to undergo CDR.
You can read that one into the record as well.
Okay. MI 2022-002-904-1000-1010 North Delaware Avenue. That case is continued.
Any other requests for continuances?
Chair, we have Ronald Patterson with his hand up. Mr. Patterson, you can unmute yourself and wait for the chair, please.
Mr. Patterson, how are you? Could you state your name and spell for the court reporter?
Hi, Mr. Chairman. Good afternoon.
Ronald Patterson, P-A-T-T-E-R-S-O-N.
Claire Harrison.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you.
Yeah, I have my hand raised on 1000 North Delaware.
Apologize for that.
We thought we were going to have a CDR at hand before the hearing date, but the CDR scheduling is a little behind, so we didn't make it.
Okay, sir.
Fine. We'll continue that.
Thank you.
okay thank you are there any other requests for continuances chair we have ken wood with his hand
up mr wood you can unmute yourself and wait for the chair please good afternoon my name is west
could you state your name and spell it for the court reporter kenneth wood k-e-n-n-e-t-h
w-o-o-d 2564 street all right do you swear for him to tell the truth the whole truth nothing but
the truth yes i know are you an attorney no what case do you want to talk about protestant 2507
allen street okay so we're gonna call we're gonna we'll call that case sir
okay you'll you'll you'll have a chance to get on when i call that case
he's been muted chair okay is there anyone else with a continuance
i see no other hands at this time chair and i also have
case number three there's no exhibits mi 2022 003 307 711 west montgomery avenue
christina osborne is listed as the owner
do we see any hands
Mr. Chairman I see no hands and I also see no one by that name listed under the attendees
what were you going to say Hillary
it was me it was Carol what number are you talking about number number three
MI 2022-003-307-711-West Montgomery.
MI 2022 003 307 711
There's no exhibits.
First listing.
Why do I have, oh, geez.
I have number three is North 19th Street.
Oh, God.
That's in the ad ones, Carol?
You're on the regular list.
We'll get to that.
I'm going to get right to that.
Okay, Osborne has not raised their hand.
I see it.
Okay, thank you.
There's no one in the audience by that name, Chair.
That case is continued.
And number five, MI 2022-002-945-1400 Englewood Street, no exhibits first listed.
Kenneth Young is the attorney.
any hands raised there's no hands raised at this time chair that case is continued
are there any other requests for continuing which is or are there any withdrawals
i see no hands at this time thank you very much we're going to go to our add-ons
Chair, this is Tanya.
I just would like to ask that we put on a record that all board members are available today.
Thank you, Chair.
All board members are here.
Number one on the add-on, MI 2022-003-095-5757 North 5th Street.
I vote yes.
Harold Tenere, my vote is yes.
Thomas Holliman.
My vote is yes.
James Snell, my vote is yes.
Right.
Ishmael Schahe, my vote is yes.
Number two, MI 2022-002-162-3145 Jefferson Street.
We're voting this again without a proviso.
I vote yes.
Harold Tenere, my vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Number three, 3,300 to 3,400 block of North 19th Street.
This case was closed last week with waiting to hear from the Councilwoman Bass's office.
We have an email from Councilwoman Bass.
She has non-opposition to all these properties.
This will be nine cases and we will do nine votes. Number one, MI 2022 003164, 3405 North 19th Street. I vote yes.
I was not here for that case last week.
Thomas?
Mr. Chairman, I do not vote. I've accused myself.
Okay, thank you.
On all cases.
okay jim my vote is yes my vote is yes number two mi2022-003-160-3403 north 19th street i vote yes
James Snell, my vote is yes.
Harold Tenere.
Yes, Ishmael Shahi, my vote is yes.
Right.
Number three, MI2022-003159-3401 North 19th Street, I vote yes.
Harold Tenere, yes.
I'm sorry, Ms. Tenere, you're not going to vote for any of these.
Thank you.
That's confusing.
Thank you, Tanya.
Go ahead, Ishmael Shaheed.
My vote is yes.
Ishmael Shaheed, my vote is yes.
MI 2022-003-508-3345 North 19th Street, with proviso.
Revised plan, one page, stamped by ZBA on August 31st, 2022.
James Snell, yes, with provisos.
Ishmael Shaheed, yes, with provisos.
MI 2022-002-176-3413 North 19th Street.
I vote yes, with provisos.
Revised plan, one page, stamped by ZBA on August 31st, 2022.
two, maximum six units. James Snell, my vote is yes for provisos.
James Snell, my vote is yes with provisos.
Ishmael Shaheed, my vote is yes with provisos.
MI 2022-002-276-3415 North 19th Street, I vote yes with revised plan, one page, stamped by the ZBA on August 31st, 2022, maximum six units.
James Snell, my vote is yes with provisos.
Ishmael Shaheed, my vote is yes with provisos.
M-I-2022-002-819-3349 North 19th Street. I vote yes. Revised plans, one page, stamped by ZBA, August 31st, 2022.
James Snell, my vote is yes for provisors.
Ishmael Shaheed, my vote is yes for provisors.
MI 2022-003-507-3351 North 19th Street. I vote yes. Revised plans, one page, stamped by the ZBA
on August 31st, 2022. James Snell, my vote is yes for Proviso. Ishmael Shaheen, my vote is yes for
provisos. And the last parcel MI 2022 002 902 3347 North 19th Street. I vote yes with revised plans
one page stamped by the ZBA on August 31st 2022. James Snell my vote is yes for provisos.
Thank you, everyone.
We go to our regular list.
MI 2022-003-081-643 North 11th Street.
Henry Clinton is the attorney.
Letter of opposition from the 14th Ward Executive Committee.
A letter and photos were also sent from the RCO.
Mr. Clinton is coming back in as a panelist now, Chair.
Mr. Clinton, you've already been sworn.
Mr. Chairman, Henry Clinton for the applicants.
And could you identify the applicant and his relationship, his or her relationship to the property?
Sure. The applicant is Ron, R-O-N-G Chen, C-H-E-N, and his wife, B-Rong Chen. They're being helped by their niece, Celina, C-E-L-I-N-A, Don, D-O-N-G, who is on the call.
Right. Our vice chair has a few questions for you, Mr. Clinton.
Mr. Clinton, do you agree to waive the reading of the refusal and stipulate to its accuracy?
have you emailed the exhibit packet with proof of ownership tax compliance refusal referral
photos under plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes to all the above okay great you may proceed with
the sharing of your screen thank you thank you
is that visible mr chairman it is all right good afternoon mr chairman
members of the board. I'm Henry Clinton here on behalf of Mr. and Mrs. Chen, who are being
assisted by their niece, Selena Dong, D-O-N-G. This concerns a legalization of a parking space
that has been in existence for over nine years. So at the end, I'm going to ask the board to weigh
the equities versus what the community wants versus what my client has been through and
hopefully grant this variance. These are the table of contents AA through A12. For Ms. Hemerson's
knowledge, I added A11 and A12. I just reorganized some things so that may appear new
with regard to the table of contents that I sent her five days ago.
Appearance statement, this is the refusal. So the refusal is basically
that there's a parking space at the rear of this two-family dwelling, which is illegal.
In fact, the reason we're before the board is because Elle and I issued a violation to
my client in January, and then my client began the process of trying to legalize this space,
which they thought was legal when they purchased the property back in 2013.
And I'll go through a chronology, if I may, after I go through the RCO letter.
So the RCO, and Ms. Monroe in particular, is very ardent about this situation.
situation. I believe in part because, and I'll show you from the aerial photograph,
I believe in part because, and I'll show you from the...
the neighbor next door added a parking space within the year. And I can't help but think
that somehow the addition of another parking space by someone else prompted a relook at my
client's situation and then result in the issuance of a violation. But anyway, the letter is one of
opposition, and there's a rationale letter that accompanies it. Very articulate and very
specific. Some of the reasons that the RCO opposed the project was because when they checked with
L&I, the L&I inspector told them that the property, the parking spot, wasn't built according to the
plans. And we agree with that because we got the violation. We didn't know it. Once we got the
violation, my client took steps to make it illegal. She didn't create the parking lot,
the parking space. He or she did not create the curb cut. When they bought the property,
it was represented by the builder. That parking spot was included. And again, I'll show you
photographs to try to persuade the board. So that's one reason. Second reason the community
group opposed the parking space is because they felt that it's going to take away parking from
people in the neighborhood. Well, if you have an off-street parking spot and you have a curb cut,
your curb cut is taking up one space. So it's really a one-for-one swap. The other reason
the RCO voiced their objection was because there was trash in and around the rear yard.
And we've cured that issue with the plans that I'll show you. We've installed, will install,
if the board looks kindly upon this, a trash container to retain any trash that is in the
rear yard. And these are photographs from the RCO depicting the trash, depicting the car,
depicting the curb cut. And this is the adjacent property owner who within a year put this parking
spot in here. As to whether it's legal or not, you know, I'm not here to cast shadows on anyone
else. But when this parking space was installed, somehow I believe that that then negatively
reflected upon my client. And when Ellen and I came out and checked the records, it was noted
that this parking spot was not part of the plans apparently in 2013 when my client purchased the
property. So again, here are some more photographs, current photographs. This is at the corner of 11th
on Wallace Street. This is a two-family dwelling. And my clients don't occupy the property. And if
you read between the lines of the RCO letter, you'll see that that was brought up twice,
that my clients are not owner-occupants. But I don't really think that's a valid reason
to suggest that you can't try to legalize something that was in position since 2013.