Okay, thank you.
I have no further questions.
I do have the architect on, but I don't think it's necessary for them.
Questions from the board.
Questions or comments from our attorney, Hillary Emerson?
Yes, Mr. Chair, can you hear me?
I can, yep.
I just want to note that this was listed erroneously on our calendars being in the 5th Council District.
That's why we got a letter from Council Member Young and also a letter from Council Member Squilla,
which is the district that this property is in.
So I just wanted to clarify what happened there.
Thank you very much.
Questions or comments from the virtual audience or the present audience?
Chair, I see no hands at this time.
Planning Commission.
Amy Boyd with the Planning Commission.
A-M-Y-B-O-Y-D.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
The comprehensive plan recommends no change to the existing CMX2 commercial mixed use at this location.
The appellant has demonstrated that the proposed takeout restaurant
in the multi-use building would not cause detrimental impacts
beyond what would reasonably be expected.
There are several similar businesses along the stretch of the commercial corridor,
and it would not be out of character for the neighborhood.
The Planning Commission therefore recommends that the board grant
the requested special exception for a takeout restaurant.
Thank you.
um mi 2025 001 583 332 to 34 west drada avenue i vote yes would provide those limiting use
to unit number one venting through roof interior trash storage commercial trash
pickup three times a week hours of operation 10a to 3a daily
can we can we clarify the unit one to be i don't know if we actually specified units um just to
figure out uh hillary yeah the unit one is what was listed in the lease okay that's why i put it
put it there oh no no no that that lease is for 713 the lease that's in there is for 713
um that i have up here this lease
this lease there's no lease in the ownership because my clients own the property so this
there's no lease in the ownership because my client
lease that's in there is for 713 not for not for the subject premises that was just showing their
other operations that they have and when they stop provisions there okay all right then we can strike
that proviso yeah because i don't think actually these days ellen i'd in from terms of zoning
doesn't specify where in the building they are unless it's something that's specific with the
Read it again, Hillary.
Yes, please.
Thank you.
MI 2025-001-583-332-34 West Gerrard Avenue.
I vote yes with proviso.
Venting through roof, interior trash storage, commercial trash pickup three times a week, hours of operation 10-8-3-8.
Daily.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
I am McAdams. My vote is yes. We'll provide those.
Thank you.
Okay. Number 15, MI 2025 001 587 5035 Spruce Street. Tameka McCoy is the attorney.
There's a letter of support from one on Hill Community Association, 12 in support, one opposed.
Tameka McCoy, please raise your virtual hand.
Tamika?
She's coming in as a panelist now, too.
Thank you.
Thank you.
Good afternoon.
Tameka, sorry, by the way, the delay, but I see you have a couple cases this afternoon anyway.
So could you state your name and spell for the court stenographer?
It's T-A-M-I-K-A.
Last name is M-C, capital K-O-Y, Tameka McCoy.
You swear or affirm to tell the truth, the whole truth and nothing but the truth?
You identify your client, their relationship to this property.
Sure. The property is 5035 Spruce Street. My client is Dr. Reginald Banks, who owns the premises. I'm going to share my screen.
And Tanetta Graham has a few questions for you.
Good afternoon. Have you submitted your documents five days in advance of this hearing?
Yes, I have.
And do you waive the reading of the refusals and stipulate to their accuracy?
Yes, I do.
Okay, thank you. You may proceed and share your screen.
Thank you.
On the screen is the notice of refusal.
This is a proposal for a multi-family dwelling unit that proposes four actual dwelling units.
Each of the units are two-bedroom apartments.
I'm going to move quickly.
This is a photograph of the exterior of the proposed property, and this is a photograph
of the exterior of the proposed property with an adjoining building that has the exact same
floor plan as what is being proposed.
Essentially, the final project is going to result in a structure where both units look
exactly like this unit that has already been presented and completed. The notice had been
affixed and the plans that are submitted are the plans that were exactly the same as the other one
that's next door. This is the existing floor plan. It shows essentially one, two, three, four
floors that includes the, or that doesn't include the basement. The basement is the fifth.
What is being proposed essentially, and I'm going to just turn this so that it's easier for you to
see. Okay. So the first floor unit is going to occupy the main front entrance where you enter
the unit this way. They also have two stairwell. The back stairwell is going to access a storage
space in the lower level basement for that first floor tenant. The basement has windows that goes
along the side alleyway of the property that allows natural light there. And then the other
And then the other three tenants are going to have storage space in the basement in the
three tenants are going to have storage space in the basement.
front section.
There's a separate entrance that allow for access directly into the basement, and there's
an exit at the front and an exit at the back for emergency purposes.
That's the basement.
The first floor has two bedrooms, a living space, kitchen, and two bathrooms, one for
each of the bedroom units.
When you go upstairs, there are scissor steps that basically exist at the front and at the back of the property.
So each apartment has two stairwells that it can access.
But each has two bedrooms.
There's a living room, a kitchen, and two bathrooms in each of the units.
In the back, one of the provisios that the owner made with the local residents was to utilize a Juliet door in the rear of each of the unit, rather than a full balcony, and the community was in agreement with that slight modification.
So the balcony door here says Juliet because it would essentially be a Juliet door with safety brackets, not a full balcony.
The community is the Walnut Hill Community Association.
six members that voted in favor were present there was one who did vote against but after
we were able to reach the agreement with regard to the rear balcony I believe the community was
in support of the project and as I had indicated what it will do is bring the project around full
circle so that the building essentially would mirror what is existing exactly next door in the
area uh 60 of the block have multi-unit um apartment living um in this particular community
and on this particular block because of the size of the houses it's really it's a really large
space. And with that, I would ask that Dr.
Burks be admitted to the meeting to adopt my testimony
and address any questions of the board.
Dr. Burks, please raise your virtual hand.
I see no hands, Chair.
Okay. Counsel, you're not sure the court will
take your testimony. Okay, very well.
Questions? Go ahead.
Do you want to say anything else, Tamika? No, I was just going to address any questions you guys
had. Sure. Questions from the board. Is this
a tear down? Are you tearing down the house and then re-erecting it
as the copy of the other side? No, it
wouldn't have to be tearing down. Essentially, the existing
building will be there. What happens is the third floor is going to be reconstructed to
redo the roof line. And then there would essentially be a bow that would be erected
that will go the length of the building, the front of the building. But the existing structure
is going to remain. Okay. Thank you. Other questions from the board?
Yes. I guess, can we go back to the floor plans?
Yes, of course.
Okay. So each one of us has little pet peeves.
I don't like when bedrooms are so far away from bathrooms
that you have to kind of wander around in the middle of the night
going through the kitchen to get to a bathroom.
So that's just something that I think, you know,
somehow or another we need to be closer.
You know what I mean?
That's one of my little pet peeves about this layout.
otherwise i mean i'm not and the bedrooms in the front have bathrooms right there
yes yeah so the the first floor both of the bedrooms are actually immediately adjoining
the bathrooms right yeah it's only when you get to yeah when you get to the other floors
It's only when you get to, yeah, when you get to the other floors.
yeah we'll put the younger people in the
We'll put the younger people in the back bedrooms so they can make the long trip down the hallway.
But the one is immediately.
Counsel, that's pretty being quick on your feet.
I'll tell you that.
Yeah, and I think I heard that earlier today.
The young people back there, then it will matter.
But, you know, any other questions from the board?
I guess the only comment is make sure that in your living room you've got some windows
because right now you don't show any windows.
Okay, I can talk to the architect about that.
They need to hang the TV, though.
They need some light and air more.
Questions or comments from our attorney?
Not at this time, Mr. Chair.
Questions or comments from the audience or the virtual audience?
i see no hands share planning commission amy boyd with the planning commission the
comprehensive plan recommends no change to the existing rsa3 residential three family
attached zoning at this location there is no unique physical condition or circumstance of
the property that would prevent it from being used in strict conformance of the zoning code
the community was involved in remapping in this area in response to the west district's plan
recommendation in 2019 and chose to intentionally retain single-family zoning of this block.
Therefore, the Planning Commission recommends that the Board deny the requested variance for
multi-use, maximum occupied area, and rear yard setback. Thank you. Hillary, do we have revised
plans on this? That's a good question, Mr. Chair. There was a reference to the revised plans by the
RCO, but I didn't see anything submitted or a proviso form by the applicant.
All right. Thank you.
Ms. McCoy, are there any changes to the plan since they were reviewed by L&I?
Only to show the basement windows.
And that's what...
Okay. Okay. So if there were changes that you want incorporated, we do need to adopt
revised plans and we need those submitted along with the proviso form.
So that is what was. Go ahead. That is what was submitted.
OK, so there wasn't there weren't any changes since Ellen and I reviewed the plans because the RCO referenced updated plans.
So the only modification was to show the actual windows in the basement.
And when we realized that that's what was submitted to the board, and so that's what we are showing here, are you proposing that we submit that somewhere else?
Well, are those the same plans that were reviewed by L&I in order for the refusal to be issued?
If so, then there's no revised plans.
That's what I'm asking.
If there is changes made since L&I reviewed them in order to issue the refusal, and you want those changes memorialized, we'd need revised plans and a proviso form for the board to adopt.
So, but it doesn't sound like there were any changes.
All right.
Thank you.
Thank you.