we're about 489.69 feet from the back of Weigert Ave, which is located right around here.
I'll just get my orientation. Then at 434.73 feet from Umbria Street, 655.11 feet from the
property line to the southeast, and then also 399.6 feet from the property line to the east.
As I said, this building is the backup for six ABC News for their broadcasting.
Under FCC licensing regulations, each broadcasting agency is required to have a backup.
So in the event that there is a cataclysmic event to one of the main servers, this one automatically kicks on.
So it is part of the FCC sort of requirements.
Again, the property itself is located in the RSD 3 residential single family detached zoning district.
Again, the property itself is located in the RSD3 residential single-family D.
It also has a few overlay districts, none of which are necessarily applicable to this application.
We did receive the refusal for two things.
One, I'm sorry, there is a steep slope protection overlay that is applicable here.
The refusal was for two things.
One was for the steep slope protection.
The other one has to do with the actual use.
The proposed use is a wireless service facility, which is prohibited in the RSD3 zoning district.
Again, what we're proposing to do is a demolition and a complete reconstruction of the identical building for the same exact purposes.
There's no enlargement of the use, but in fact, a reduction since the current building, excuse me, there is no enlargement of the current use, excuse me.
And then with regards to the steep slope disturbance, if you look at the plan right here, this is the area that we're talking about.
It's very minimal, and it's about 300 square feet that we're talking about.
And the reason why we're disturbing this is so that we can get a conduit underneath there.
It's a trench that we're going to be opening up, putting electrical lines in there, and then filling it back in.
And again, which is around 300 square feet.
It's a three-foot wide by three-foot deep.
Again, we're going to open it up, put the conduit in there, and then we're going to cover it.
No grade change at all.
And then these are the two earth disturbance plans that I did submit this morning as a supplement to the board.
We did go to the zoning, excuse me, we did go to the RCO meeting back in June, where the board, you know, it was a very lively discussion, but the board did end up voting unanimously to support this application.
With that being said, that's all I have with regards to testimony.
It's a pretty straightforward application, and I would just like to call on my witness, Mr. Jim Braun, to adopt that testimony.
sir could you please state your name and spell it for the stenographer get close to the mic if you
can sir james braun james braun b-r-a-u-n right do you swear or affirm to tell the truth the
whole truth and nothing but the truth i do counsel mr braun were you present in the room when i made
this presentation yes and is everything accurate to the best of your knowledge information and belief
yes and if i was to call you to testify would you adopt that testimony as your own
yes thank you very much and you're you are the general contractor for this yes and you're
authorized to speak today correct thank you very much um council we've had several cases back here
right over the years myself no in general uh not that i've been involved there's been several cases
if i remember correctly there's multiple uh stations that are back that's right so i know
that mr braun had one a few years ago where they actually took down one of the um broadcasting
towers um so you know with all six you know channel six three and twelve yeah that's right
um questions from the board uh yes so what is inside the building uh transmitting equipment
they take the signal from fiber optic and convert it to fm signal because up the tower
and it's uh basically broadcasted for people who don't have cable so there's not like
employed the employees use the building or it's just straight for that just equipment okay all
All right. Thank you. Sure. All the questions questions from our attorney.
No questions at this time from the virtual audience.
No hands when any commission Jonathan Goins planning commission, the comprehensive plan recommends a zoning map change to icmx industrial commercial mixed use at this location.
The nonconformance is longstanding and has not caused detrimental impacts.
the city planning commission recommends the zoning board grant the barracks mi 2025 006
851 5375 umbria street i vote yes john's my vote is yes tenetta graham my vote is yes
ryan mcadams my vote is yes i win my vote is yes thank you very much okay thank you
Number 14, MI 2026-001-497-949-South Third Street.
Vern Anastasio is the attorney.
Morning again, Mr. Chair.
Morning, counsel.
Just for the record, state your name.
Vern Anastasio, A-N-A-S-T-A-S-I-O. On behalf of Mr. Yong Shui.
MARY JO GIOVACCHINI- Okay. Our Vice Chair has a few questions.
MARY JO GIOVACCHINI- Good morning. Have you submitted your documents and exhibits
five days in advance of this hearing?
Vern Anastasio, Yes.
MARY JO GIOVACCHINI- And do you waive the reading of the refusal and stipulate to its accuracy?
Vern Anastasio, I do.
MARY JO GIOVACCHINI- All right. Thank you. You can share your screen and proceed with the case.
Thank you.
Okay, members of the board, this 949 South 3rd street is a corner property in Queen village and it was for a very long time, a corner bar, very actually well known corner bar that ultimately was converted that 1st floor into a a an apartment and the upstairs unit has always been an apartment.
itself let's get to um excuse me
okay these are the plans you'll see an unfinished left to right you'll see an unfinished basement
you'll see a first floor here's the entrance it's catty corner because of the
commercial you know former commercial space that's where they had the entrance it opens up
into a living room kitchen dining area a full bath and a bedroom my client currently lives
in that unit and then the second floor is a second unit the living room dining room kitchen
with the existing third floor being a bedroom
and a little home office.
This unit is currently occupied.
The conversion was done long before my client purchased the property
and the basement is all mechanicals.
Here's some photos.
and if legalized my client would be willing to do some facade work on the property
We met with the queen village neighbors association. There is a letter of full support in.
That was submitted to the zoning board and I'm also on notice from councilman's office that a letter of non opposition was sent over as well.
I move those two things and the incomplete 82 page binder that I have here today into evidence
and with that I'd like to call my client Mr. Yong Shui.
Yong Shui will be rejoining us in a minute. Thank you. You're welcome.
yes i am here good morning good morning sir could you please state your name and spell it for the
stenographer yeah my name is young last name is shui y-o-n-t s-h-u-a-i do you swear or firm to tell
truth the whole truth nothing but the truth yes if possible could you turn your video on
oh i'm sorry i forgot that yeah that's fine counsel thank you mr schweid did you hear my
presentation to the board this morning yes true and accurate to the best of your knowledge yes
and do you adopt it as your own testimony yes thank you i have nothing further so counsel
So first floor is a unit, and the second and third floor is the second unit?
That's correct.
All right.
Questions from the board?
Modest trash storage for both units, where's the trash storage?
Interior trash storage was the request of the RCO, and that's what we plan to do.
in terms of you said of approved your client would be uh wanting to do some facade improvements
with what they'd be doing are they gonna well as you can see one of the photos there's just
a blank wall that it was a it was a large window that was covered up with some siding
and uh a window air condition was installed uh he would consider putting in you know upgrading
either putting in some additional windows, something larger to bring in some light.
Consider the writing reconsider the signing.
Most certainly it's in queen village. So now that anything that would happen, anything that would be done would have to be at least reviewed by the historical commission.
Questions for our attorney.
No questions at this time, Mr chairman questions or comments from diverse audience.
no hands chair planning commission Jonathan Goins planning commission
okay sorry in 2017 the zoning map was amended to RSA 5 residential single family at this location
in accord with recommendations from the comprehensive plan the proposed use is
consistent with documented prior use of the property city planning commission recommends
the zoning board grant the variance for two units. MI 2026-001-497-949 South 3rd Street,
I vote yes with proviso. Certificate of occupancy to be obtained. Michael Johns, my vote is yes. Hold
on, an interior trash. Right. Michael Johns, my vote is yes with provisos. Danetta Graham, my vote
is yes with proviso. Ryan McAdams, my vote is yes with proviso. Hyowin, my vote is yes with proviso.
Thank you.
Thank you, counsel.
Number seven, MI 2026-000722-5036 Ogden Street. Alan Nockamson is the attorney.
you made your entrance right on time there i mean i'm just uh it's at 12 o'clock all right let me
just make sure i have the materials up uh good morning mr chair could you please state your name
and spell for the stenographer alan knockamson um well everyone knows how to spell his allen a-l-a-n
last name knockamson n-o-c-h-u-m-s-o-n do you swear referring to tell the truth told
truth nothing but the truth i do our vice chair has a few questions for you sir
good morning um have you submitted your documents and exhibit five days in advance of this hearing
yes we have okay and this is a referral so did you waive the reading of the referral and stipulate
to its accuracy i do okay all right thank you you can share your screen and proceed with the case
just pull up
Do you want to say anything about the notes that we have here before you start?
Yes, I can do that.
We have a quick question.
are you asking for three adults to be living at the facility i mean at the at the property we
didn't put the amount of adults here i think we would agree to a maximum of four so if the board
feels so inclined to put a number amount we would ask for a maximum of four there's three bedrooms
in there so we want the flexibility to have one bedroom due to economic factors to be potentially
shared but we don't anticipate that all bedrooms would be shared but we would ask for a maximum of
four occupants living there as part of the facility the personal care home the reason why
we had a question was in the lease that's attached between the owner and his son who's the tenant
it indicates that it's um the lease is for small residential living arrangements for up to three
adults with supportive services hence why the question yeah so i do believe um well donald's
the owner uh hamilton and donnell is his son so i believe both of them are either they're in the
bird here back behind me but i think they'll probably be in the virtual audience but um i
do believe and we'll have donnell speak to that that was a discussion point we would ask for
for maximum of poor so I I am ready thank you for your indulgence as board member Graham stated this is not a variance this is a referral so you know the standard is is is much lower you know in that we the standard is we just have to prove that the use
that we the standard is we just have to prove that the use that we're proposing is no worse
that we're proposing is no worse than what you would tip
than what you would typically expect of a personal care home and you'll see from uh the presentation
uh that uh you know my client donnell hamilton is is is well equipped to handle this so during
our presentation we will be reviewing uh the 10 exhibits and again i have donald the owner
Hamilton, as well as Donnell, his son, who's going to be the operator.
So the first thing is, again, this is a referral.
This is an RSA-5 property.
We're looking to put a group living personal care home here.
And again, if the board feels so inclined to limit the amount of occupants living there,
we would ask that it would be a maximum of four.
We have, again, not typical when you have a personal care home, especially in these
situations, but we have full support, overwhelming support for board members.
as well as eight people who attended the meeting as well.
So that's unanimous support there.
And then we explained the situation.
This is a block that is uninhabited
from a building structure standpoint
and a lot of vacant lots.
My client, what he's looking to do
is have autistic kids here
who are capable of living on their own,
but with assistance.
And there's a lot, I know I always say,
you know i try to put myself in the situation but next door we have a neighbor who is you know
autistic and he you know he works and he's functional but he lives with his parents because
it's you know it's not easy for you know some people to like live on their own and those are
the people that he's going to have similarly someone who doesn't have that that support with
their parents but who needs that extra help and and you know donnell will have you know uh employees
there 24 7 so we'll have three shifts of eight hours each there so again we're mid-block on
ogden street you can see where we are in the neighborhood we're in the 44th democratic ward
photographs of the property my client started doing looks like some work there exterior work
obviously he's going to do everything with permits and approvals which include hopefully the zoning
permit as well. This is proof of posting for today's hearing. This is Ogden Street to the
right of the property and to the left of the property. And then these are interior photos.
So again, Donald has owned this property as a rental property for some time, had issues with
some occupants. You can see the people who lived there left a lot of stuff there. And Donnell
wants to, he's a registered nurse. He wants to start this business. He's very well qualified.
um and he wants to use this property as its its hub for his first personal care home
so if i just want to give you an idea of what you know the inside look like
and the outside
and so there's no basement living here the only thing that's down there i went to the board to
see that is a bathroom there's no intention to put any bedrooms down there and such i just want
to give you every angle that you can see here. This is an uninhabited property that's been
abandoned by former tenants. And then just in terms of floor plan, you come into the
porch area. There is an opening here. You would have a living room, dining room, kitchen,
outdoor area. Go to a lower level. This is where the bathroom is. Again, this is not
to scale. We just want to do for illustrative purposes only. The hot water heater is down
there if you go up instead of the first four you go up a flight of steps there are three bedrooms
and then one bathroom so it's a three bedroom one and a half bath and you can see every room
bedroom has windows which was i know is very important to the board but these are pre-existing
conditions we met with the community on july 6th at 5 p.m it was a well-attended meeting we had 12
people there four board members and and eight community members all in support proof of mailing
Our application for a special exception, our deed to the property showing that Donald Hamilton is the owner of the property and has been since 2017, and our Certificate of Tax Clearance.
Again, I would have, I guess, Donald verify some of the property characteristics, but now have Donnell testify as to his business.
sorry mr donald hamilton donald