Thank you, Mr. Chair.
members of the board it's a pleasure to rejoin you at uh two o'clock in the afternoon uh even
though it's 23. um i submitted my uh typical exhibit packet for kevin shannon owner and
applicant uh for the property at 880 edison avenue calendar uh 2021 dash 000453 i'm going
share my screen at this point in time. I hope this is not considered a complicated application by the
board. It's basically for the demolition and re-installation of a patio with an extension
and a new canopy roof so my uh my typical exhibit packet includes wait a minute hit the wrong button
the application is for the partial demolition at the rear and for the erection of a rear addition
which is a patio cover to an existing building for a single-family dwelling.
There was one refusal for the side yard setback.
The house itself is set back 12 feet from the side yard,
so it's an existing nonconformity.
But because we're adding the roof, the patio cover,
we need a dimensional variance so a2 obviously is the application of appeal a3 is the project
information form a4 uh proof of ownership a5 tax clearance uh we do not have a yeah we do
have a site plan uh a7 is the uh photographs of the property a8 is the rco meeting notice
and certificate of mailing a9 is the rco meeting uh yeah rco letter
as frank indicated a10 is councilman o'neill's letter uh there is no zoning uh history
despite that i looked and uh 12 and 13 are the zoning map and aerial photos so
So not to belabor the point, I'm going to get right to the site plan, which more or less explains everything.
As you can see, you know, from the front of the property, looking back, here's the existing dwelling.
Currently, there's a patio that sits behind the house.
What Kevin would like to do is extend the patio out by an additional nine feet
and cover it with a new patio covering.
As you can see, the required setback under the new zoning map is 15 feet.
map is 15 feet.
the house itself
The house itself is set back 12 feet
as existing. I would point
out that there is a fireplace which extends
another two feet into the setback, but that is a permitted
encumbrance. So just getting
to the photos, that's the front of the house.
uh again this is the side yard here is the existing uh fireplace but that doesn't count
but from the side of the house here to the property line is 12 feet uh you can see the
existing patio uh which is 10 feet from the property line um wait got one too far um
Um, so again, you know, you have basically a 10 foot side yard setback now, uh, with
regard to the existing, uh, concrete sidewalk, I mean, patio, uh, patios are not considered
structures under the code because they don't, uh, you know, rise above ground per se.
Uh, but you'll see here is the, the post for the awning, uh, that is going to be replaced.
here is the awning it's your typical uh aluminum and fiberglass constructed awning that we've seen
uh you know over the years uh it's it's basically outlived its useful likeness
um so kevin is looking to uh eliminate the awning the patio construct a new one
we did meet with the
I'm sorry
we sent out the notice
it included the refusal
the poster
we sent it out to
28 adjoining neighbors
or everybody within
250 feet
the property is owned
we did obtain a letter
from the adjoining neighbor
which is
Ken and Kathleen Enright
at 890 Edison
we did agree with them
that we would not erect, install
or otherwise place any permanent fixture
including
but not limited to an outdoor kitchen
or similar equipment
on the patio extension
which was closest to their house
there was a fear
we don't know why
but they had a fear
that we were going to put a kitchen
on the patio
So the RCO did issue a letter of support. They contained that language in the letter, and they also indicated that the votes were 31 votes in favor of the variance, not indicating that there was any opposition or negative votes.
So I assume it was unanimous. Again, Mr. Chairman, you indicated that there was a letter from Councilman. This is the email. When I got the letter, that's what I got. There was no letterhead, no signature.
So just to be sure, I wanted to include, for the record, the email along with the letter.
I did email Alice Udovich from the councilman's office, but I did not get a reply as to the lack of letterhead and signature.
But I have no fear that it was a fraudulent letter.
And if Kevin Shannon is on, I'm not sure if he made it to the meeting, Kevin, I would ask that you click on it, raise your hand at the bottom of the screen.
If not, as an officer of the court, I would stipulate, or if the board does stipulate, that he would adopt, verify and adopt.
Mr. Shannon has been promoted to, has been allowed to speak, sir.
Good afternoon, sir.
Okay, Kevin's here.
Please identify yourself with the record first and last name and spell your name.
Kevin Shannon, K-E-V-I-N-S-H-A-N-N-O-N.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Thank you.
Please proceed, Mr. Ward.
Kevin, you've heard my representations to the board.
Are they true and correct?
Yes, sir.
and you adopt them as your own testimony as if i had questioned you uh under oath yes sir i do
very good that's all i have mr chairman and i don't want to uh uh you know belabor your day
thank you any questions from the board no no no anyone else uh like to testify in this case if
Anyone else like to testify in this case?
If so, please raise your hand.
so please raise your hand.
Mr. Chair, I have an Alice Udovich with her hand raised.
I will allow her to speak right now.
Good afternoon, Alice.
Please identify yourself with the records by your last name.
Good afternoon, Chairman, members of the board.
Alice Udovich on behalf of Councilman Brian O'Neill.
I just wanted to affirm that Alice...
Alice, excuse me.
Would you spell your last name?
U-D-O-V-I-C-H.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Please proceed.
I just wanted to affirm that that letter minus the letterhead is in fact from the councilman
and the councilman has no objection to the granting of the variance at that location.
Thank you for clearing that up.
Thank you, Alice.
Anyone else to testify?
no further hands at this time mr chair you thank you planning commission
i'm dead in our city planning the property is uh indicated for residential use on a city plan
we recommend the granting of the request of variance thank you mi 2021-000453
Edison Avenue
my vote is yes
my vote is yes
my vote is yes
my vote is yes
thank you so much
thank you that concludes the two o'clock list
is there anyone who believes that they have not
had an opportunity to testify
on any cases that were
heard in the two o'clock list
no hands at this time no hands are up so it's we'll get back here at four o'clock
it's about a 13 minute break does that work yes mr chair four o'clock thank you
um we're about ready to go uh jason you'll let us know when we're ready
we're actually ready now here yes you can go ahead good afternoon again my name is frank
di chico i'm the chair of the zoning board of adjustment i'll be participating in today's
hearing along with our vice chair ms carol tenere board secretary confessor plaza and board member
Mr. James Snell. Board Administrator Mr. Jason Hand and our Board Attorney Ms. Sharon Saleta
are also in attendance. For those of you who haven't yet participated in one of our virtual
hearings, I'll go through some of the basics of what you can expect. First, we will be administering
oaths to individual participants prior to their testimony. Second, we'd like to advise everyone
that this proceeding is being recorded and that by participating you acknowledge your agreement
to be recorded and that the recording will be available to the public on the web or otherwise.
Third, for anyone participating by phone, if you wish to testify, you must raise your hand by
hitting star nine and then star six to unmute yourself. I'll repeat. For anyone participating
Participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.
Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.
I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.
I would also like to remind everyone, please do not attempt to testify in the chat.
Any comments should be directed to the Board Administrator, Mr. Jason Hand.
With that, I will read a list of cases that have been requested to be continued.
Number one on our 330 list, MI2020-003147.
003-147, 114 Green Lane, number seven on our list, MI 2020-003-139, 3214 West York Street.
If anyone disagrees with those cases that have just been read into the record as being
continued please raise your hand at this time anyone disagrees or believe that the case is
being continued in error please raise your hand at this time oh that's mr chair thank you i will
now ask if anyone would is requesting a continuance or withdrawal to raise your hand
We have Mr. Sloan Foulkes back again. I will allow him to speak, sir.
Good afternoon again, Mr. Foulkes. You're still under oath from earlier. Please identify yourself.
Good afternoon, Chairman DiCicco, ZBA Board, Sloan Folks, Office of Counsel 1 Maria Keyona-Sanchez, Room 508 City Hall.
We are requesting continuance for case number 5, MI-2020-003118, 2109 Gillingham Street.
um i know that we know that the uh according rco sent in a letter uh that they uh had not uh
needed to uh had not met with the uh uh applicants and needed to move uh forward with a continuance
is anyone else here on 29 oh excuse me 2109 gillingham street
this is a request from councilwoman sanchez's office for a continuance
i see no hands mr chair without any objection mi 2020-003-118-2109 gillingham street
is continued, must be heard.
Any other requests for continuances or withdrawals?
No further answers this time, Mr. Chair.
Thank you.
Calendar number, are we starting?
Yeah, please.
Calendar number 3136, 11621, Caroline Rood.
The attorney is Steve Bertil.
Mr. Bertil has been promoted to panelist.
Hi, Mr. Bertil.
Can you put your name and address on the record and spell your last name, please?
Good afternoon.
Of course.
My name is Steve Bertil, B-E-R-T-I-L.
My address is 1835 Market Street, Suite 1400, code 19103.
Thank you.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Do you also 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 the refusal or referral
photos and or 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 except for the letter we didn't receive a letter
from the RCO I don't know if they ever sent it out to the council member's office or to the
zba administration but we didn't receive it excuse me this is sharon stiletta we did receive
a letter from councilman o'neill's office saying that he is strongly opposed
okay you may proceed thank you ms saletta thank you
let's bear my screen
Good afternoon, members of the board, Mr. Chairman.
As I stated, my name is Steve Bertil.
I'm here for 11621 or 11621 Caroline Road.
I'm here on behalf of the tenants for this location, for this site, ASAP Commercial Truck Service.
with me, who I'll have to speak later as a representative from the business, Ahmed Ramazal.
We're here requesting for a variance.