ZBA Hearing - April 30, 2025

Deed to the property showing that Madison Ventures PHL2 LLC owns the property.

And then the tax clearance.

And with that, I'd like to call my client to adopt my testimony.

Okay.

Client's name?

Carlos Mesa.

Okay.

Carlos Mesa has been promoted.

Thank you.

Why could you please state your name and spell for the stenographer?

so coming in okay

oh and one other note while he's coming in we have a little side yard to the left of the

you know if you're looking at the property we'd agree to trash store it in the side yard okay

thank you do we see him

he declined at first but he's keeping it now

okay

he's unmuted sir could you please state your name and spell for the stenographer

Carlos

Carlos Mesa you're allowed to speak

all right counsel you're an officer of the court we're going to thank you move on questions from

the board question on your on your floor plan are are you planning to take out the front wall

it looks i mean based on your first floor plan it looks like you're taking out the

for a front first floor first front first floor wall um i don't believe that's the plan i'm

confused um well your your basement plan shows that there's space under the porch and there's

of course the foundation for the porch correct so i guess they're enclosing the porch

we're not proposing to make any changes to the porch i think

um uh scale wise i i see what you're saying that the that little square should be further forward

right um we're not proposing to make any changes to the building structure i apologize well then

your plan doesn't make sense right um because your first floor is larger than your second floor

there's a bay on the second floor so if you go to the picture can you go to your picture of the

front right that bay sits over the porch right that's correct okay so based on your plan it

shows that there is a wall of the face of the porch on the first floor and the wall where

that door currently shows on the first floor is gone understood um i i mean i wish carlos was

was able to to testify i don't believe his intention is to enclose the porch this is a

use application um i'm happy to to get some clarity from him you know if the board would

like that while we're talking about it there's also a wall that's showing on the plan that

is what you would typically put for a demolition that's showing it halfway through one of the

bedrooms right now so similarly to mike's question my question is is there an extension

sure so i was not aware of any changes to the building structure i'm happy to

um you know table this and and speak to him if there's going to be modifications to the building

i think that would require you know obviously more detailed you know plans and a site plan

um sounds like he's having some technical difficulties

is this going to be a result of hearing so this i believe is a change of use application so we

can't add construction to it anyway so if he's going to make any modifications he's going to

need a new zoning permit like new test to do a new zoning permit application so basically his

options are to do the use now and then do the addition although if you do the addition and

then expand the use you're going to need yeah it's going to be complicated so i mean if you

want to take if you want to take a minute to you know right not right now but just talk to your

not right now but just talk to your client and see what he wants to do um we that that would be

client and see what he wants to do um

fine um we can just can i guess we can just continue it and then you can get back to me

and we can figure out if we need to do a you know a resumption or um if there's going to be some

changes made or something also alex it looks like on the first just for you to know that

where the front door is on the photo is not where it is on the plan so right yeah that that too

All right, Hillary, we're going to go for a resumptive here and we won't give a date.

It's okay.

I got a resumptive date here in July, 930 a.m.

Okay.

Okay, that's fine.

We can do it that way.

MI-2025-000-318-5278-Chelton Avenue.

This will be a resumptive hearing July 15, 2025 at 9.30 a.m.

Thank you.

One more.

Team Nackam's in here.

2231 Earp we're going to go with.

Okay.

So MI-2025-000-320-2231 Earp Street.

mr goldberg just for the record could you please state your name alex goldberg

um you've already been sworn could you identify your client in relationship to the property

my client is to my left lucas ledke he's the owner occupier and there's an animal i have we

have a letter of unanimous support from point freeze community development um eight total

votes including three from the block um this is a legalization our vice chair has a few questions

Good afternoon, counsel.

Do you agree to weigh the reading of the refusal or stipulate to do his accuracy?

I do.

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

I have.

Thank you, counsel.

Please proceed.

Okay.

Nick, if you want to just jump right to the refusal.

The background here is Lucas lives here.

He's owned this property since 2022.

Variances, the same exact variances we're asking for today, were granted in 2019.

A building permit was then granted based off of those variances in 2020.

The developer who Lucas purchased the property from, you know, built it, you know, in accordance with the variances that we're asking for today and were previously granted, as well as the building permit.

And rather than sort of formally and legally complete the construction process, a fraudulent certificate of occupancy was issued to my client when he purchased the property.

um the permits obviously then expired it's been some time since 2019 and 2020 so we're here today

asking for zoning approval of what was granted in 2019 and ultimately what is standing here and

what he's living in today and those are an occupied area an open area de minimis variance request as

well as a variance request to not provide the eight foot setback at the front facade and rather

just go straight up the property that you saw on the home page or the cover page of the presentation

packet is what was built nick next slide letter of support from um the coordinating rco point breeze

cdc uh very strong support uh it was a positive meeting because neighbors felt bad for him this

has actually happened to other homeowners on his block so um you know i think this developer has

reputation and unfortunately it's not a situation he he planned for he loves his house loves to stay

there um you know so we're here now to sort of finish the job next slide here's the zoning

permit that was granted those are the plans that were approved um here's zoning permit itself

a single family home single family zoning classification next slide you can see the

refusal is the exact same no changes have been made because that was what was approved and that

was what was built next slide here's some here's an aerial view of the property continue nick uh

a map perspective um a zoning map as well rsa5 we're not seeking a use variance for this property

next slide nick here's some photographs so this is what the property looks like beautiful three

story home um despite what what you're seeing in the image there and you can see it on the next

image this it's not the only three story sort of straight up property on the block that was

supported by the rco back in 2019 and they supported it again herp street to the left

here's some interior photos um he lives there so you know his stuff is in these images uh

continue

continue

Architectural plans and drawings. These are the drawings that were submitted and approved at the time. Next slide. There are basic floor plans here. Three bed, two bath home. Lives there with his girlfriend. And we're not proposing any changes to what was already built.

architectural plans and drawings

these are the drawings that were

submitted and approved at the time

rco meeting notice we met with the rco in march um it was fairly well attended um especially by

several of his neighbors some of whom you know spoke you know in support and in just general

um you know kind words about him being a good neighbor here and their you know disappointment

that this is a situation that he's having to deal with next slide we sent the notice out of course

to all their acquired neighbors in a timely fashion.

Keep going, Nick.

Application for appeal.

Lucas owns this property in his own name.

Lives there. Keep going, Nick.

We'll see the deed to the property next.

And then tax clearance.

And with that, I'd ask Lucas to adopt my testimony.

Sir, could you please state your name

and make sure that's turned on

and spelled for the court stenographer?

Sure. It's Lucas Lidke, L-U-C-A-S-L-U-E-D-T-K-E.

Do you swear or firm to tell the truth, the whole truth, doesn't he quit the truth?

I do.

Please proceed, counsel.

Lucas, did you hear my testimony today?

Yes.

And was it true and correct?

Yes.

And would you adopt it as your own?

Yes.

Is there anything else you'd like to share with the board?

No, I don't think so. I moved here from Wisconsin and just bought this house, so definitely don't expect something like this to happen when you're just the purchaser and not the builder or developer.

So, yeah, my neighbors, we were hoping we can get to a point where we laugh about this. Obviously, we're not, I'm not laughing right now. This has still been really serious and not fun. But, but yeah, so that's it.

Questions from the board.

Questions or comments from our attorney, Hillary Emerson.

I did have a question. Yeah. Do you know if L&I did the final inspection?

i i don't believe they did don't believe they did are you opposed to a ceo as a proviso

well we don't have a ceo i know she wants you to get one and we want to get one

yeah we have to get one i have to get yeah yeah we're not opposed okay

i guess my question is um this happened with other properties on your block is that

what i'm hearing yeah so and it's the same builder same same builder same developer um

you know like the whole the whole way i found alan's team was through my neighbor

um when this process started when i was first served the uh you know the letters from the city

for not being compliant so yeah and how did i mean do you know how this came to the city's

attention like my case or did they use something to this person now uh i'm not sure to be honest

it could they could have been triggered when somebody in the audience has their hand up

i mean you've already been sworn just state your name serving in the sense that

alan occamson um i believe the other clients received a violation notice uh regarding the

fact that there was no co for this property uh and then i believe then that's how you know lucas

found out about his as well unfortunately this is not uncommon you know not just for this

developer but other parties we've seen this before sadly um did you get title insurance

when you purchased well i asked my title insurance company and they said that they only cover

No, I meant just for your own protection.

So one other thing, if you got the enhanced policy

and not the standard, it would have protected him.

So that's the difference.

Questions from our attorney?

Questions or comments from the virtual audience?

I do not see enhanced, Mr. Chair.

Planning Commission.

amy boyd with the planning commission the comprehensive plan recommends no change to

the residential single family attached zoning rsa5 at this location the property had permits

for the proposed dimensions but those expired the planning commission recommends that the

board grant the requested variances for rear yard depth and third story setback

MI 2025-000-320-2231, Herb Street, I vote yes. Proviso. C-O to be obtained.

Michael Johns, my vote is yes with Proviso.

Cheryl Gaston, my vote is yes, with Proviso.

Cheryl Gaston, my vote is yes with Proviso.

Iowyn, my vote is yes with Proviso.

My vote is yes, with Proviso.

Ishmael Shaheed, my vote is yes, with Proviso.

I'm going to go back to someone else now.

Thank you.

Thank you.

MI 2024-005-357-839 Airedale Road.

Good afternoon.

So this is a resumptive hearing.

I understand the way we have it is you will give us an update, possibly call Primavera or Ron Patterson may speak, and then planning on making a recommendation.

Does that sound right?

Well, it did sound right.

There's been a little bit of a development, I think, with the Planning Commission, which we may need to discuss.

So just for the record, state your name and spell for the court's doctor.

Certainly.

My name is David Orphanides.

Last name is spelled O-R-P-H-A-N-I-D-E-S.

Do you swear we're referring to tell the truth, the whole truth and nothing but the truth?

I do.

All right.

So why don't you give us an update and then we're going to move right into this.

Certainly.

When I was last before the board, well, you have a picture of the property up in front of you.