They also have quiet hours from 10 p.m. to 9 a.m.
If there's any violations for noise, it's a $500 fine.
He has cameras in the front of the building, in the back of the building, as well as lighting.
And he provides his contact information to neighboring property owners.
Again, a well-known quantity in the neighborhood.
So we're on a commercial corridor.
On long, short, our property is CMX2.
It's a rather large property, too.
It's lot area is 5806.
So, again, we're not talking about the amount of units.
But if this was long-term accommodations, just quick math, we would be allowed, well, definitely over 10 units.
But we're not seeking that.
But I'm just pointing that out.
And then you can see from the Google map, like, how far we are to 95.
So we're really a stone throw away from 95, which helps in terms of visitor accommodation use in this neighborhood.
And then the interior of the property.
So my client has updated from a cosmetics point of view the interior of this property.
It's important to him that these properties look good.
It also attracts a better clientele as well.
and then photographs of the exterior of the property
and then the back of the property as well
and then
notice posters that were put out there
both front and back
and then this is contextual photos of the neighborhood
and then our plans and drawings
and we do have seven units here, it looks like
even the commercial unit will be used as
visitor combinations.
And I think that's our refusal, too,
where CMX2 is not allowed in a commercial district.
This is our RCO meeting notice.
Along with proof of mailing that notice.
my client personally did it himself or application for appeal that my client filed
the deed to the property
as well as the certificate of tax clearance with that being said i would ask that danielio virtually
raise his hand to be sworn in and then we can confirm some of the use as to the property thank
you they've been allowed to speak good morning sir could you please
Please state your name and spell for the stenographer.
Good morning, Chair.
My name is Danilo Burgos.
First name is D-A-N-I-L-O.
Last name is B-U-R-G-O-S.
Do you swear or affirm to tell the truth,
to hold truth, nothing but the truth?
Yes, sir.
Please proceed, Mr. Nocklinson.
Yes, Danilo, you heard everything I had to state today
about your zoning matter.
And is it true and correct?
And do you adopt this as your own testimony?
Yes. All right. Just elaborate just on the use. So we're just all on the same page here.
Do you plan like do you plan to have any commercial use in this property?
We're currently using it as our operating office.
OK, so there is so there is a there is a vacant commercial space component.
So there is a portion of the building that's not being used for visitor accommodations.
The commercial space. That's correct.
Okay, and that takes up the first 30% of the building.
Okay. And that takes up the first 30% of the building. Is that correct?
Yes, sir.
Okay. So I think what, Mr. Chairman, if this board feels so inclined to grant the variance, I think the noise refusal is somewhat unclear that we should have a proviso having commercial space on remains on ground floor.
Okay. Thank you. Questions or comments? Do you want to have him adopt your testimony?
i did okay all right um questions or comments from the board no mr chairman
questions or questions or comments from our attorney hillary emerson
um just to piggyback off of what mr knockamson said um if the board does grant um i would i
would note that the um the commercial existing commercial use at the first floor front um will
be remain will remain as a proviso so i'm not sure what was previously approved for the commercial
use there um but whatever was approved is is just stay is staying so it doesn't sound like it's
vacant at this time and hillary do we do we also talk about certificate of occupancy we could do a
certificate of occupancy as well i believe that is required because the use is changing from
prior residential to a visitor accommodation okay um questions or comments from the virtual audience
i do not see any further hands mr chair planning commission
hi i'm mc cavanaugh planning commission staff uh the comprehensive plan does recommend a change
from cmx2 commercial mixed use to rm1 multi multi-family residential zoning at this location
although neither the proposed nor recommended zoning allow visitor accommodations.
There is no unique condition that would prevent the property from being used in performance with the zoning code.
The Planning Commission recommends the Board deny the requested use variance for visitor accommodations.
So, MI 2023-006-888-4823 Longshore Avenue.
I vote yes for temporary variance that would expire 4-24-27, proviso, commercial space on first floor to remain, and required certificate of occupancy prior to residence.
Thomas Holloman, my vote is yes with provisos.
Ishmael Shaheed, my vote is yes with provisos.
Thank you, counsel.
Thank you.
Number 15, MI 2023-007098, 5129 North 5th Street.
Roger Perry is the attorney.
There's a letter of support from the new 42nd Ward.
Roger Perry again.
Good morning.
Mr. Perry, you've already been sworn.
Could you just state your name for the record?
Yes, Roger Perry, P-E-R-R-Y.
I'm representing the owner.
All right.
Could you identify that owner and the relationship to the property?
The owner is Tumai, and she's the owner as an individual of the property,
and she is here in my office today to hear my testimony and adopt it as necessary.
Our vice chair has a few questions.
Good morning, counsel.
Do you agree to wait to read another refusal or stipulate towards accuracy?
yes 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 this hearing yes i have thank you please proceed and share your
Okay, can we can. We're good. Okay, so this is 5129 North 5th Street. It's in an RSA 5
district. However, it's immediately adjacent to a parking area and a large church. And
that particular block is a mixed use with a lot of commercial, as we'll see as we go down.
This has been previously applied for. There's a letter of support from the 42nd Ward indicating.
So let's just briefly go through the documents.
This is my client, Tumai, who is the owner of the property and has owned it for several years.
Let's get a look at what the property looks like.
Refusal is the request to put a restaurant and one apartment at the second floor level in an RSA.
to put a restaurant and one apartment at the second-floor level in an RSA-5 district.
I'll turn off my phone here.
It's appealed.
All the notices were sent out to the neighborhood, and we did have an RCO meeting.
Okay, so this is the property.
It has a lower-level first floor and a second floor.
and we'll get this is the lot behind behind the property this is the rear of the property
has a kitchen under construction driveway to the parking area and so forth the property was posted
that's the posting of the property and so forth this is the neighborhood this is the property
This is an entirely open area with a church to the right, and you can see that there's a mixed use here and a mixed use here, some housing, some apartments, but a lot of commercial development.
This is an application to put a very nice Vietnamese restaurant into this location and provide a new amenity to the neighborhood.
This is, let's see if I can rotate that left here.
This is the immediately adjacent property, sorry about the posting, here we are, okay,
here's the property, here's the church, Ms. Ma bought the property with the rear parking
lots and so forth, it has access from both Fifth Street and with a large driveway here
and also has access from Lawrence Street in back.
That's the church, this is the rear.
parking area where it can be used for the restaurant. She owns this area, which comes
up off of Lawrence Street. I'll get down to the plan here. The restaurant is in this area,
a single family apartment on the second floor. So let's just scroll down. These are across the
street that show the mixed use, the commercial nature of the block and so forth. It won't
adversely affect the neighborhood in terms of the use or the parking or whatever. And so
So ISSG did the plans for the property.
This would be 5th Street over here to the right.
That's 5th Street, and then the parking is in back.
This is the intended second floor apartment.
This is the use for the restaurant area and so forth.
They all have separate entrances.
The apartment has a separate entrance on the side of the property with stairs leading up to the
apartment, kitchen would be in the rear of the property.
You may see that there was some, it's still in unrenovated condition, but this property
was approved, oh, I forget what it's, about five years ago.
2018. Six years ago, they started and then stopped and then
completely stopped during COVID. So it's in unrenovated condition now.
so this is the tax clearance certificate taxes are all paid and this is a letter of support by
the 42nd ward and so forth indicating that they've reviewed this we have the rco meetings
and they are in favor of getting this which is you know we feel will be a very nice amenity to
this neighborhood as a in this case a vietnamese restaurant the hours are not going to be long
Right now, she'll be closed on Sundays. She intends to be open like Monday to Thursday until 6 p.m.
And then on Friday and Saturday, maybe to 9 p.m. But this is going to be a sit down restaurant.
Mr. Perry, is there will the first floor and the ground floor be utilized?
yes it's intended that this lower level which has a completely separate entrance
will be utilized as uh part of the restaurant okay
and there's separate entrances separate entrance here and then there's an entrance
um on the side as well
why don't you bring your client on yeah sure uh you're here uh she's sitting here so can
sure could you state your name please and spell for the stenographer
Mr. Kelly, did you get that?
mr kelly did you get that i did share but if i could ask the uh the witness to please come
I did, Chair.
a little closer to the could you get a little closer please why don't you have her come over
next to you mr perry okay come on okay hi do you do you swear or affirm to tell the truth the
whole truth nothing but the truth yeah i do i do okay please proceed mr perry okay hi uh that's my
You heard the presentation that I made to the board, everything I said.
And is it true and correct to your knowledge?
And you would adapt it as your testimony if you spoke.
Is it correct?
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
just quickly um mr perry the the parking lot that um you mentioned is that part of the same lot as
the the restaurant building or is it a separate lot it's a separate lot on the d let me see if i
can scroll up to the okay yeah it's it's uh has two separate addresses i think it's 5126 and 5128
right here okay uh lawrence street okay okay all right thank you and then just as the the chair
noted um or clarified um so this use is on the ground floor as well as the first floor so the
refusal the refusal omitted the the ground floor so if the board is to grant um it should include
a proviso indicating that this use is for both floors.
Okay. Thank you. Questions or comments from the virtual audience?
Yes, Mr. Chair. Charles Richardson
has their hand raised. I have allowed them to speak.
Good morning, Mr. Richardson. Good morning, Mr. Chair.
Would you please state your name and spell for the stenographer? Yes, sir. Charles Richardson,
R-I-C-H-A-R-D-S-O-N, Office
of councilwoman cindy bass room 508 city hall do you swear or affirm to tell the truth the whole
truth nothing but the truth i do please proceed uh councilwoman has no opposition to granting
this variance thank you for taking the time to call us is there anyone else in the virtual audience
i do not see any further answers okay planning commission
hi meg cavanaugh planning commission staff the comprehensive plan recommends no change
the existing single-family residential zoning at this location.
There is not evidence of prior ground floor commercial use on this property,
and the requested variance does not reflect the minimum necessary deviation from the zoning code.
The City Planning Commission recommends the Board deny the use variance.
MI 2023-007098-5129 North 5th Street, I vote yes with proviso.
Sit-down restaurant use is for ground floor and first floor.