Questions or comments from the virtual audience?
All right.
I see no hands, Chair.
All right.
Planning Commission already stated.
So MI-2025-001-587-5035 Spruce Street, I vote yes.
Michael Derns.
Michael.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Thank you, counsel.
Thank you.
I do have another matter.
I'm not sure if...
So I have to wait. This is still the morning group, right? So I'm going to come back to you.
You have two issues, I think. Well, it's one, it's two properties. Yes. And I'll get to you
probably in about a half hour, if that's okay. Okay. All right. Thank you. Sure. So MI24,
next case 17, MI2025, 001-674-254, South 11th Street. Joseph Consul is the attorney.
Mr. Consul is coming back
and he's a panelist now, Chair.
There's also a recommendation
of unanimous non-opposition
from Washington Square
and a letter of...
We believe it's a mistake.
But Washington Square
has a letter of non-opposition,
unanimous.
Yeah, there's a second letter
yeah there's a second letter for this property but that case is not being heard for a couple
from this property,
but that case is not...
months so just focus on the unanimous support please i got it right so so mr counsel first
of all we're sorry we we made you wait so long um could you please state your name and spell
for the stenographer yeah it's joseph console j-o-s-e-p-h-c-o-n-s-o-l-e you swear or affirm
to tell the truth, the whole truth, and nothing but the truth? Yes.
Tanetta Graham has a few questions for you.
Good afternoon. Did you submit your documents five days in advance
of this hearing? Yes. And I think this is
a referral, so do you stipulate to the reading of the referral and its accuracy?
Yes. Thank you. You make sure your screen and proceed.
All right. My screen should be up with my referral.
is it up yes it is joe okay i'm here today on behalf of my client which is the llc roxburn
254 llc its representative mr neil mcgraw is on this call to adopt my testimony we are here
to legalize a long-standing chiropractic office use in the property it's zoned cmx1 and uh because
of that, approval for this chiropractic office requires a special exception.
Here's the photos. You all are probably familiar with this stretch of 11th Street. It's got middle
child on it. All the properties with maybe one or two exceptions are set up the same with some
kind of a commercial type use on the first floor and units above were here just for the chiropractic
office that exists on the first floor and has not properly been legalizing. It's been successfully
operating. I'll go show you some interior photos for more than 10 years. The historical zoning
records, which show a consistent pattern of professional and commercial use for over 60
years in this property. I won't go through everything. It was a real estate office in the
60s. It was some sort of a wireless communications office in the 80s, and as far back as my client
knows, it's been a chiropractic office. My client recently became aware that this long-standing
use lacked the proper approval and is now taking the corrective steps to bring it into full
compliance. Not a new use. It's to formalize the existing use. We met with the Washington Square
West folks. They voted 10 to 1 in non-opposition. That's their letter. We believe that this is a
textbook case for a special exception. The use is permitted by the code. It's the legalization
of a longstanding and harmless existing use and has full non-opposition, which I'm told is
the best we can hope to hear of the community. And we believe we've met our burden and request
that the special exception be granted.
And with that, I'll call Mr. McGraw
to adopt my testimony.
Neil McGraw is coming back in as a panelist now.
Thank you.
are you new
mr mcgraw
yes i'm joining hi how are you sir could you please state your name
and spell for the stenographer yes neil mcraw n-e-a-l-m-c-g-r-a-w you swear or affirm to
tell the truth the whole truth nothing but the truth i do please proceed counsel good afternoon
neil did you hear my testimony just now regarding the first floor of your property at 254 south 11
street i did joe do you adopt it as your own i do all right nothing further questions from the board
questions questions or comments from our attorney hillary emerson
um just briefly mr console i believe there were some um interior photos that we didn't receive
um in your original packet so if you could just please upload those by close of business
tomorrow that would be greatly appreciated oh sure yeah no problem thank you
um questions or comments from 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 cmx1 commercial mix
use zoning at this location the appellant has demonstrated that the opposed use would not cause
use zoning at this location the appellant has demonstrated that the opposed use would not
cause detrimental impacts beyond what would reasonably be expected therefore the city
planning commission recommends that the board grant the requested special exception for group
medical dental and health practitioner office thank you mi 2025 001 674 254 south 11th street
I vote yes. Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes. Diane Wynn, my vote is yes. Thank you, Joe.
Thank you, Board. All right. Is there anyone in the
audience who had a 930 case that they had not
heard their name called? I see
no hands share. Good. Thank you. Good afternoon, everyone.
My name is Bill Bergman, and I will be chairing this meeting of the Zoning Board of Adjustment.
With me is our board member, Cheryl L. Gaston.
Present Mr. Chairman.
Our board member, Tanetta Graham.
Present Mr. Chairman.
Board member, Michael Johns.
Present Mr. Chairman.
Our board member, Taya Nguyen, who just stepped out for one minute.
In fact, here she comes right now.
Our board member, Ryan.
Present Mr. Chairman.
Our board member, Ryan McAdams.
Present Mr. Chairman.
Also, here is Hillary Emerson, our attorney, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.
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Let's look at our schedule for this afternoon.
Hold on.
Number three, MI 2024-006-030-2100 Benton Street, that case is continued, attorney-moving party.
Number 12, by the way, is there any other requests for continuances?
Good afternoon, Chair. This is Yvette Benton. I'll be your co-host for this afternoon.
I see no hands at this time.
Thank you.
So number 12, MI2025-002-666-9313 Busselton Avenue.
We have no exhibits.
This is the first listing.
Rachel Pritzker is listed as the attorney.
Azuri, Inc. is the listed owner.
I see no hands, Chair.
Okay, so that's the first listing.
We will continue that to 2-4-26 at 2 p.m.
And then I have number two.
Number two, MI-2022-007-295-5737 Elmwood Avenue.
Number two.
That case has been withdrawn.
And number five, MI-2024-007-285-610 Christian Street.
That case has been withdrawn.
We're going to go to our add-on list.
Number one, MI 2023-007-281-8014 Caster Avenue.
I vote yes.
Proviso per amended refusal dated 8-23-25.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with Proviso.
Tenetta Graham, my vote is yes with Proviso.
Ty Owen, my vote is yes with Proviso.
Number two, MI 2024-002-432-739 Tyson Avenue.
The vote in this matter will be rescheduled upon receipt of supplemental documents requested by the board at the hearing.
Number three, MI 2025, 002, 343, 1233 to 37 North Front Street.
I vote yes with proviso.
Revised plans, two pages, stamped by ZBA, September 17th, 2025.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Brian McAdams, my vote is yes, with proviso.
Tywin, my vote is yes, with proviso.
Number four, MI 2025-002-347-2117 East York Street, I vote yes.
Michael Johnson, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Brian McAdams, my vote is yes.
Tywin, my vote is yes.
Number five. MI 2024-005-350-401 West Penn Street. I vote yes, with proviso. Maximum, two dwelling units, no basement.
Michael Johns, my vote is yes, with proviso.
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Ryan McAdams, my vote is yes, with proviso.
Tywin, my vote is yes, with proviso.
And number six, MI-2025-000470, 3110 Aramingo Avenue.
This is a request for reconsideration.
I vote yes to reconsideration and rehearing.
Michael Johns, my vote is yes to reconsideration and rehearing.
Cheryl Gaston, my vote is yes to reconsideration and rehearing.
Tanetta Graham, my vote is yes to reconsideration and rehearing.
Okay. We're going to move to our regular list.
What am I doing here?
Mr. Chair, do you want to read number one into the record because it's being continued?
Hold on a minute. I'm looking for something here.
I did later. Yeah, I did. What was that again now?