Okay. Ian, can you see this plan, this site plan that I have up here?
Yes. And you're the design professional on this project, correct?
Yes. And you drew this site plan?
Would you mind to help me out and more importantly help the board out to understand where a pedestrian, if they were walking along the sidewalk of Kensington or M Street, perhaps a resident of this building, wanted to go into the residence part or someone who wanted to go into the retail part, how would they get in there?
You do have to access through the parking lot to get into the space.
Currently, that's the way it's set up.
The pedestrian entrances along Kensington Street are unavailable.
All access has always been through the parking area.
So, Ian, do you see where I'm indicating with the mouse over here?
Is that where you're referring to?
I mean, right now, that's the only thing.
It doesn't show a pedestrian entry to that location.
But do we have the wide-angle rendering of the site and the entry in the parking space that sort of articulates that?
Hold on.
Let me scroll through.
It's the exterior view.
It should be a part of the design package.
yeah if it's i have quite a number of uh images here so let me well that's a google map hold on
if it's not if it's not in i mean it's a little bit more illustrative because there are steps and
there are ramps that have been planned for this um yeah in the schematic range that sort of
describes the intent of the question my my concern is that a pedestrian has to go
in the same location where the cars go into the parking lot to get to the entrance.
oh no it's an airy yeah i can hear you it's just not shown on the plan
Oh, no, it's Ian.
mr johns there's a gate and an automotive key okay there's a man gate and an automotive game
okay so it's closer to the building the the uh automotive gate is further down the block
a little bit further down the block like 10 feet let's uh go back to the site plan right here
all right yeah it doesn't show a man door on the site plan but if this is all that
if this is the the driveway gate correct yeah so would there be a a pedestrian scale front door
no right about
slightly you see where your pedestrian
your automotive gate is
right slightly to the
to the south side of that
is a main gate that goes
that goes in currently now
we're going to go back we're going to we're never going to take that away
so it's
okay I guess
like here
right out to the pavement or is the
gate somewhere no it's right there
There's a gate right where the building is.
There's a gate right there.
Right here.
Because the plan doesn't show that.
So that makes, because that was my concern, that if somebody has to, you know, walk, people are coming out of here with cars.
That's a hazard.
But you're saying that there is a gate so you can come.
Yes, sir.
All right.
All right.
I'm good.
Other questions from the board?
questions from our attorney hillary emerson um two issues i want to raise mr chair um one i see
that um there is now parking proposed um this is a change of use application um there's no plans
review as part of that so any parking would have to be proposed in a separate zoning application
um and i just want to note there was a refusal issued for not providing parking
as well. So that any parking would have to be, as I said, submitted and reviewed under a separate
zoning permit application. The second concern I have is that the use is limited to the second
and third floors of this building. And it was testified at the previous hearing that the first
floor would be used for a home health care agency. But now it seems that the first floor is going to
be lobby mailroom that sort of thing as part of the multifamily household living so if if that is
the case then you may wish to amend the refusal so that it is the multifamily household living
applies to the whole building and not just the second and third floors because if the board
grants and it only applies to second and third floors you'll have to come back for an expansion
to the fourth floor i mean the first floor mrs emerson thank you uh we are going to that the
second and third floor are going to be
residentials. That's
it. There's not going to be no residentials on the
first floor. But is it
if it's the lobby and mail area for the
building, then it is part of the multifamily
building. It cannot
be not have no use.
I don't think it. So there's
there's going to be commercial on the first floor
residential on the second and third.
What commercial? Because
that's not indicated anywhere.
okay it was well I because it was by right I think that's the reason why it wasn't put on there
correct Ian so just to help out with this a little bit yeah the tenant spaces identified
in the other colors are for other uses some are already occupied in order to service the units
on the second and third floor, you would need to provide a lobby and access place to an
elevator in order to provide the correct amount of accessibility for any kind of building
permit.
Okay, because that was not clear from the information on the refusal of what all it
was was for household living on the second and third floor.
So if the uses are by right, that's fine.
But if any of this extends into the first floor, you may have an issue.
all right how do we do how will you stand with the parking the parking has to we we can't do
anything with the parking there's no parking on this application it has to be submitted as a
separate zoning application mr chairman i'll have john higgins do that tomorrow morning
thank you okay so if we vote we're only voting on the second third floor and first floor
Is that what we're saying?
Is that what we're saying?
It's the second and third floor multifamily household living use.
It's the second and third floor multifamily household living use.
That's what's being requested.
That's what's being requested.
All right.
Anything else you want to reckon?
No, you don't have to specify that.
That is what is on the refusal.
Questions or comments from the virtual audience?
I do not see any hands, Mr. Chair.
You need commission.
Chairman, thank you, and good evening.
David Vecto with the City Planning Commission.
Chairman, we previously entered a recommendation to Grant for the prior submission, and we will stand on that recommendation.
Okay, thank you.
So MI 2025, 001, 005, 3,700 to 40 Kensington Avenue.
I vote yes.
Michael John, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Thank you.
All right, thank you, members of the board.
I have none of you further.
All right, thank you, Mr. John.
All right, thank you.
Number nine, MI-2024.
Excuse me, Chair.
Pardon me, Chair.
This is the court reporter.
Go ahead, John.
Hold on, sir.
Hold on, hold on.
Oh, okay.
All right.
Because I wasn't here for the first year.
Okay, yeah.
They made a mistake or not.
We lost Kelly.
No, Kelly's coming back in.
Mr. Kelly's coming back in.
Excuse me.
i apologize for the interruption chair i i didn't hear uh board member wins vote
she didn't vote she didn't vote this is a reconsideration hearing and i was not here
for the original hearing i apologize for the interruption i apologize for that okay number
nine mi 2024 005849 4800 bingham street nixon canna
good evening mr kennel could you please state your name and spell for the court stenographer
nixon connor n-i-x-o-n-k-a-n-n-a-h do you swear or firm to tell the truth the whole truth and
nothing but the truth yes mr chair could you identify your client the relationship to the
property yes mr chair my client is nader j-e-b-e-r he's appearing by zoom he is the owner of the
property right do you do you waive the reading of the refusal and agree with its accuracy yes
all right please start and start your presentation sir sure mr chair this is a um we we started this
here i believe a couple of months back and the board basically wanted um as part of my
presentation the board was focusing on the interior of the property and i was told to submit
photograph showing the interior
of the property.
Everything else was previously submitted as far as
the deed.
I'm sorry.
Okay, so
why don't you start showing
what you have to submit?
Can I have the ability
to share my screen? Please.
Okay, so basically this is the interior of the property, these pictures were not available
Let's start at the basement.
My client purchased this big, it's three units.
He purchased it as a three unit, three separate units, three separate meters.
As we show up, you're going to see the three apartments.
There's two bedrooms, one bath in each apartment.
So he hasn't done any renovation.
we try to get the initial permit and we were denied based on what we're trying to do.
So this is basically how he purchased the property.
No work has been done.
Another issue the board had was the, I guess, the access to the property.
We have three separate entrants for first floor, second floor, and third floor, and at the community meeting, one issue was the fire escape ladder. We don't have a problem with putting that in.
If, let me just see.
Let me just see.
Okay, you stopped for a minute there.
You froze up.
Okay, so we have an updated tax clearance that was submitted to the board attorney
and also an updated posting.
Could you show us the entrance to the properties?
When did your client purchase this property?
My client purchased this property in June of 2024.
And he purchased it thinking it was an approved triplex.
Correct.
Okay, here we go.
this right here, this is the entrance to the first floor.
And these steps, this right here, this is the entrance to the...
We're looking at a bedroom, sir.
I'm sorry. We're looking at a bedroom. Oh, I'm sorry. Okay, let me share this screen. Sure.