I'm Mr. Harris
Good evening
Good evening, Mr. Harris.
Good evening.
Could I be heard?
Could you please state your name as well for the stenographer?
Yeah, Jermaine Harris, J-E-R-M-A-I-N-E.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client, their relationship to the property?
Sure. My client is Maranelli Belez, and my relationship is the attorney, and my client is the owner of the subject property.
Do you waive the reading of the refusal and do you agree with its accuracy?
Okay. Well, why don't you start your machine, Aaron, and make your presentation?
Okay, sure. Let's see. How do I get to share a screen?
Okay. All right. Cool.
Okay. All right. This is concerning 4122 Comley Street.
and uh on the big screen here i have the exhibits of what i submitted to uh to the board and
essentially what we're talking about here is the legalization of offense um this is what we're
looking at this is the subject property right here and this is the fence the reason
why the fence was erected is because there had been several break-ins to the particular uh to
to the property and uh as a result of it she erected the fence um she also put cameras around
there not knowing of course that in order to do this you need to have uh you need to
get approval from L&I in order to do so. There's also the effect of this also
allows for a two-car along the side of the house as well. This is one of the
cars. Well this is one this is space for one of them but it allows for a two-car
uh parking. This is a posting of the zoning hearing notice and um essentially let's see here
let me pull up the plan
sorry just bear with me I'm trying to find a plan
no i'm sorry this is well this is the letter of non-opposition by the community since i'm already
on the screen this is the letter of non-opposition by the community uh there was a meeting that was
held back on October 29th of this. There was a lengthy continuance and that's why it's six months
ago. But the letter is very recent. It was just written last week and they have no opposition to it.
And they have no opposition to it.
We also have the site plan elevation plan for this.
And essentially.
The photographs pretty much capture what it is, but I'm just presenting the plans, the elevation and the site plan for this. Also, let me get back to my exhibits.
Why don't you show us where you drive in? I mean, is there a gate or something you go in there?
Yeah. Uh, yes. Let me get to that.
So I believe my, could I, could I call my client? I just want to make sure I don't want to misspeak.
Could I call my client just to have her?
Why don't you call your client?
I know it's out of turn, but I'd like to have her specifically answer that question.
Ms. Velez, could you raise your hand?
I'll be coming back in as a panelist shortly, Mr. Chair.
Did she raise her hand?
She did not promote her, but it doesn't have to happen yet.
Is she here?
I know she was here.
Thank you.
Thank you.
Hold on.
Yes, I'm here.
Hi, could you please state your name and spell for the stenographer?
Maranjeli Velez, V-E-L-E-Z
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel
Okay, Ms. Velez, could you, there was a question about where is it that the car comes in in order for there to be two car,
in order for there
to be the two car
yeah through the side
the gate open to the side
the gate on Tocawana
Tocawana Street
on the side
is it reflected in
this and these
any of these pictures right here
yes right there
where I'm pointing a cursor at
yes the side
is that a bowl in the pavement
That's a city ADA curb ramp for the sidewalk.
That is not a curb cut.
No, I'm saying, is that a pole in the pavement there?
What is that?
Well, right here where I have the cursor at, is that what you're asking?
Where's your cursor?
I'm sorry?
What's that there?
What's that on the sidewalk?
Right here.
Marielle, do you have any, do you know what this is right here?
Is this a ramp?
on the on the side that's the little poles prevent to prevent parking on the sidewalk
and i had the permit for that
okay but is this what is driven up in order to go into this parking that this parking that's right
here? Yes. Okay. And this is, I guess, just another angle. Sure. Jermaine, why don't you
get her to adopt your testimony? Okay. Sure. Ms. Velez, you've heard the testimony that I've just
given yes do you adopt the testimony that i've just stated yes do you have anything to add you
don't necessarily have to but is there anything you want to add no i'd also like to just so that
the record is clear sure i wanted to show the tax uh the tax clearance good and the uh deed
And the deed evidencing ownership of the property since 2016.
evidencing ownership of the property since 2016.
This fence was erected in 2021 after the second break-in.
um and we have the notice of refusal application and the mailing out of the notices and proof of
mailings to the interested uh to the to the neighbors that are affected the nearby neighbors
okay and with that i would rest i would open it up for any questions that anyone
may have about this sure thank you questions from the board yes um miss velez rodriguez i have a
question it shows in atlas that you had an lni violation for the construction of a retaining
wall without permits in 2020 is that true yes so when you got um when you had the violation in 2020
why did you proceed in 2021 to continue paving and building on the site also without permits
no it was i'm sorry it was the 2020 that it was made i had the violation after i made everything
so this was done at one time so the paving and the fence and the wall were all installed at the
same time yes in 2020 yes and then has your current plan been through a streets review at
all have you submitted it for streets yes i believe i do yes so did streets put in a a curb
cut for the city sidewalk so that you could access that like right now i'm trying to determine
if it's just a paved side yard versus it being a parking pad
i don't understand the question i'm sorry so your your permit right now is for the fence
and for the parking and i'm asking you did you get a new city curb cut approved
no the last time i was trying to do something they told me that i need to approve first for the
And then did you verify if your contractor
was licensed and bonded before they started construction?
No, I did not.
Okay. Other questions from the board?
Questions from our attorney?
I guess I just have to go back, too.
Okay. So is this
retaining wall piece that I guess
I'm seeing here, and the fence.
Is that all on your property?
Is there any encroachment on the city's right-of-way?
No, it's all on my property.
And how do you get into this space?
I'm still trying to figure out.
The side of the house there.
Yeah, I know.
Right there, I guess.
How do you?
you there's a gate there's a big gate that you open and then there's the next
a small gate that you open next to the stairs in front of the house
okay where is this in front of the house there's another small gate
can you point to where it is in the picture can you show us where that is on this yes in
in front of the house
in front of the house
yes in front of the house
on the calmly street side
are we referring to pedestrian
entry or vehicular
how do you get a car vehicular
it doesn't look like you could drive the car
in through the
it's in the plan
the side
the side fence open
and then it's like the bar
on the side
and you're saying
and there is no curb cut at this point
you're just coming up over the sidewalk
to get into this
do you understand that
if you were to receive zoning today
and that you went to the city
that it might require extensive reconstruction
questions from our attorney hillary emerson not at this time mr chair questions or comments
from the virtual audience i don't see any hands mr chair planning commission
thank you chairman and good evening david febto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rs8
chairman and board members the comprehensive plan recommends no change to the rsa3 residential
single family zoning at this location there is no unique physical condition or circumstance of
this property that would prevent it from being used in strict conformity with the zoning code
the appellant appears to have built a fence without the benefit of permits the city is under a consent
agreement to install americans with disabilities act compliant curb ramps the location of the
proposed curb cut from Takawana Street will preclude the installation of an ADA compliant
curb ramp. The City Planning Commission recommends that the board deny the proposed
variance for accessory off-street parking and the variances for fence light and opacity.
Jermaine, we're going to hold this over the weekend, I mean until next week. We're going
to vote on this at 2 o'clock, 3.30? 2 o'clock next Wednesday, okay?
Two o'clock sounds a lot better than 3.30.
Thank you. I appreciate it. All right.
Okay. Two o'clock. Okay. Thank you. We'll see you next, uh, next, next Wednesday. Thank you.
Right. Number six, MI 2024, 007243, 5624 Chew Avenue. David Tusty is the attorney.
A letter of unanimous support from the 12th Ward Democratic Committee.
They're coming back in as a panelist, sir.
Is that two days?
Can you cancel?
Cheryl, we can only see
your forehead.
We can only see your forehead.
Now you noticed.
Can you see me now?
Good afternoon.
There you go.
There you go.
The afternoon, counsel.