Mr. Chair, it's it's OK. We can we can. He's asking to withdraw this matter.
We can withdraw here at bar. OK, cool. Thank you, Miss Emerson.
all right do we have anyone else out in the virtual audience that case is for continuance
i see no handshare okay we'll move on to the add-ons
number one mi202-200-5078 1940 wharton street
Sean Wellington.
Mr. Whelan is coming back in as a
panelist.
This was going to be
so this was just coming in for a vote
and we're going to push this back to next week.
I just wanted to let Mr. Whelan to know that.
And we'll vote on this
next week at the 2 o'clock session.
all right moving on to the regular list
am i two zero we do have another hand raised from one user all right let them in
we have a calling user please unmute yourself and wait for the chair
Miss, you can press star six to unmute yourself.
Hello, hello, hello, wait a minute.
I was just calling, I was waiting for 1940 Wharton Street,
but the chair let us know that it's going to be voted on next week at the same time.
Yes, at 2 o'clock.
Okay, thank you very much.
Any more hands, LaKeisha?
Chair, this is Patina L, co-host.
There are no further hands.
Thank you, apologize about that.
No worries.
All right.
Regular list.
MI-2022005272, 5301 Chester Avenue.
Alan Nockmson, the attorney.
Mr. Nockmson is coming back in as a panelist.
One refusal is for multifamily use of house living.
is prohibited in that RSA5 zoning condition.
Good afternoon, Mr. Chair, members of the board.
Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.
You swear to tell the truth, the whole truth, and nothing but the truth?
Mr. Nockamson, please tell us about your client.
Yes, my client is a property owner of record, which is Can Properties 1 LLC. And then the virtual audience is, excuse me, Khan. The virtual audience is Sabas Khan, who at the conclusion of my presentation, I would ask him to virtually raise his hand, be sworn in, and to adopt my testimony as his own.
no problem council uh mr our board member thomas hollandman is going to ask you a few questions
good afternoon council good afternoon do you agree to waive the reading
of the refusal and stipulate to his accuracy i do i do you know all the exhibits and documents
have required five days in advance and did you meet with the rco and do you have a letter
yes in all respects thank you please proceed and share your screen all right thank you
so i'm here to present 5301 chester avenue uh this property is at the corner of 53rd and uh
chester uh it's in the southwest district uh section of the city uh during my presentation
we'll review the notice of refusal. So this is an RSA-5 property with a long history of
multifamily use. And as you'll see in my presentation, there are many properties
within the vicinity of ours, which is similar to nature, RSA-5, but have a multifamily use
RSA 5, but have a multifamily use as well. We did receive a letter of support from the Earth Keepers
as well.
We did receive a
Inc., which is the coordinating RCO for this matter. They were also, you'll see their letter,
they referenced the many letters of support we received from nearby neighbors. So not only do
we have a letter of support from the coordinating RCO for this project, but also the people who
be most directly impacted by this project are the nearby neighbors next we'll review the use
registration permit for this property you'll see that this property does have a long history of
multi-family use and that use registration permit shows that that this was a seven unit at one point
and then it's not uncommon for this zoning board to grant a similar variance request we'll review
requests that were made by 5303 Chester Avenue and 5307 Chester Avenue. And under similar
circumstances, this board has granted variances for multifamily use on RSA5 properties. Next,
we'll review maps of the area, photographs of the property, our plans and drawings,
our RCO meeting notice, our application for appeal, our deed for the property showing that
Khan, Properties 1, LLC is the owner of their property, and our certificate of tax clearance.
Again, in the virtual audience is Savas Khan, who virtually raised his hand at the conclusion
of my presentation, be sworn in, and then adopt my testimony as his own. And of course, we'll be
more than happy to take any questions from the board. So notice a refusal. So yes, this is an
RSA5 property. It's a significantly sized property of 1,764 square feet, and we only have
one refusal. All we're trying to do is restore this previously multifamily structure to its
natural beauty inside and out. As you can see from the notes to the ZBA, seven non-housekeeping
units were approved by the same zoning board in 1982. And then a layer of support from the
Earth Keepers, Inc., which is the coordinating RCO.
Again, they have three whereas clauses.
First, whereas this property has been a tremendous eyesore and extremely dangerous in the community
at large, and they embraced the opportunity for this property to be transformed to something
which was seen in the past.
The second whereas clause stated that there have been several multifamily projects located
on the 5300 block of Chester Avenue,
which have been approved by this board previously.
And the third whereas clause,
they referenced the 24 letters to support,
which we presented to them during the community meeting
and which we have in our presentation packet as well.
For all those reasons, they support this project.
And then there's, you know, again,
just a tally showing their support of the project.
And then just, again, I do a key map,
makes it really easy showing where those letters to support in relation to the property so number
of the you know letters that we do have you'll see we're green we're in the corner 53rd and
chester and you can see that you know where those letters to support were generated i asked my client
to essentially focus on the people most directly impacted within the affected area uh and i think
this map shows a good job of what we have done in terms of community outreach and then i'm just
to go really quickly through those letters but you know obviously this was in your presentation
packet which was delivered to the cba more than five days from the day of the hearing so if you
had a chance to review it you would confirm that those were the addresses that were on my map
that we created and then use registration permit again is reflected in the notice of refusal that
at one point this property uh had seven housekeeping units in 1982 and this one
reflect the previous multi-family uh usage of this property and then it's not uncommon for this
zoning board to grant similar multi-family uh variances 5303 in uh you know in 2021 granted
for nine units and then 5307 also in 2021 uh granted for four units and then maps of the area
As you can see, we're at the corner of, excuse me, Chester and 53rd Street with Springfield as a connecting cross street.
And then you can see from a Google Maps perspective where we are.
As you can see, there's a bus stop right here.
So there's ample public transportation as well.
And then photographs of the property.
As you can see, structurally, it's beautiful.
And, you know, we're not trying to demolish a property and create a newly constructed property.
We just want to restore this property.
uh and the beauty of this property you'll see from the rendering we did create you'll kind of
uh and the beauty of this property and you'll see from the rendering we did create you'll kind of
get a feel
get a feel of what we're looking to do here but it's a really beautifully beautiful architecturally
significant structure so is that the current picture of the property yes yes if you go back
two slides it looks like you said someone else on the block what's the addresses that did get
the approval 5303 which is next door and that was a double wide lot so it's just a lot okay yeah
5303 was a double wide lot and then 5307 which is so it was 5303 and 5305 and then 5307
was another uh approval so the two neighboring properties received it um and i do want to say
that like we do have more updated photos i believe we got this from google earth of what the condition
was in the past year it's just taken so long for our hearing so i do think with the orange notice
posters, you'll kind of see what we've done. We have tried to clean up the property from an
exterior point of view while we've been waiting for this zoning approval process with permits,
of course. So this is the side of the property from 53rd Street. Garbage is going to be stored
in the rear. As part of this process, we are also, there's multiple forms of egress in the lower
level, and one of them is like in the rear. So those steps were very important to make sure that
we confirm that we're going to use those rear steps and the and the floor plans uh reflect
that as such so this is our orange notice poster as you can see it doesn't show like the full
height of the building but you can see even from here we're starting to restore the facade of the
building to its natural significance and then this is from again the uh chester street side as well
i think it's maybe the 53rd street side because it's corner property we needed an orange poster
on both sides and then this is chester avenue uh to the right of the property chester avenue
to the left of the property as you can see it's a porch neighborhood and we're keeping it as a
porch uh south 53rd street to the right of the property uh south 53rd to the left of the property
and then there are plans and drawings this is our rendering of what we hope that this property is
going to look like refurbished and restored so obviously very pretty keep you know keeping the
significance of the porch and again you know this unique uh roof line as well and just repointing
the brick and things like that and then these are just our floor plans again three units uh
on this property, excuse me, four units on this property. Each floor has its own unit
of, oh, let me just go back. I'm trying to make it small enough, but large enough.
Trying to show here, there's multiple forms of egress in the lower level, which was important
to the community. So there's their front egress, as well as lower as rear egress for that lower
leveling in it and then just our meeting notice we had our meeting sometime we had our meeting some
time ago uh november 1st of 2022 at 6 30 p.m uh 106 uh addresses were notified of this meeting
list of the addresses proof of mailing to those addresses proof of email to the rcos as well as
this board as well as the planning commission as well as the uh the council members zoning aids
and then our application for appeal showing that con real estate investment llc filed this uh you
know they filed a notice of refusal the project information form showing that they own their
property as well and then our certificate of tax clearance there's technically a balance of 462
dollars and 80 cents but as you can see it's just for the 2023 tax year and those funds are not due
until march 31st of 2023 otherwise we have paid our taxes every single year and thus we are tax
compliant uh with that being said i would ask that uh mr khan uh virtually raise his hand to be sworn
in okay mr khan please unmute yourself and wait for the chair
yes sir good afternoon mr kine please state your name and spell it for the record
sabas ken
spell it for the record please s-a-v-a-s last name ken c-a-n
you swear to tell the truth the whole truth and nothing but the truth
Continue, counsel.
Yes. So, boss, you heard everything I had to say today about your zoning matter.
And is it true and correct?
And is it true and correct?
It is true.
It is true.
And do you adopt it as your own testimony?
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions from the virtual audience?
I see no, excuse me, Chair.
Minister Enoch, I mean, please unmute yourself and wait for the chair.
good afternoon good morning chair and members of the zoning board of adjustments i'm minister
enoch e-n-o-c-h amen a-m-e-n ra r-a-e-l you're going to tell the truth the whole truth and
nothing but the truth i affirm thank you yes earth keepers is what's the coordinating ratio
in the subject matter and we request that the application for the multifamily household
11 be granted and is based on the following the app the applicant is an expert when it comes to
the subject matter and without being redundant as as part our um letter of support we request
the honorable board to grant the application with that being said i yield my mic thank you
any other callers in the virtual audience i see no handshare thank you planning commission
Ron Bednar, City Planning.
First name Ron, last name Bednar, B-E-D-N-A-R.
Thanks, Ron.
You swear to tell the truth, the whole truth, and nothing but the truth?
All right.
Property is indicated for residential on the city plan.
Given its documented use history, we have no objection to the granular rights.
Thanks, Ron.
M-I-2022-005-272
Excuse me, Mr. Chair. This is Hillary. We do have someone with their hand raised, presumably regarding this case.
Okay, let's hear them.
Chair, we have Kevin Washington.
Mr. Washington?
Please unmute your phone.
Are you there, Mr. Washington?