structure. In conjunction with the recent PHA redevelopments in this area, this project will
meet the planning goals of providing a vibrant mixed-income community, both within this building
and more broadly for the community. This project will further strengthen this important commercial
corridor and is consistent with the Lower North Plan that does encourage taller mixed-use buildings
at prominent intersections like this one. The additional seven feet does not enable an additional
floor. Instead, it will enable this commercial space to have 13 feet ceiling heights, as well
as high ceilings in all the residential units. The height will be consistent with some of the
newer developments directly across Ridge Avenue, which you can see in some of the photographs that
I provided. And of course, across the street has more permissive CMX 2 zoning, which would allow
for higher height buildings. We submit the proposal will not increase congestion, harm
neighbor's properties, or impair light and air. Full analysis, as always, is provided in my
memorandum of law submitted to the board at tab 10, and I'd be happy to touch on any point in
additional detail. With respect to the community, we did meet with Brewery Town Sharswood Community
Civic Association. That discussion did result in a vote of support that is in your packet at tab 11,
which is also supplemented with additional expressions of support from near neighbors.
So at this time, if the administrator could look for either Mike or Emmanuel, I'm not sure how it
comes up on the Zoom screen, Lagudakis.
Sir, you can amuse yourself.
You're free to speak.
Hi, could you state your name and spell for the core reporter, please?
Hello, everyone.
My name is Emmanuel Lagudakis, E-M-M-A-N-O-U-I-L-L-A-G-O-U-D-A-K-I-S.
Mr. Kelly, do you have that?
Yes, Chair.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Thank you.
Mike, have you heard all of the testimonies that I've offered before the board today?
Yes, I did.
And do you agree that testimony is true and accurate, and would you adopt it as if it were your own?
thank you we're happy to answer any questions questions from the board no mr chair no mr
chair questions or comments from the virtual audience i see no answer planning commission
thank you mr chairman and board members david effecto with the city planning commission mr
chairman and members of the board the comprehensive plan recommends no change to the commercial mixed
to use zoning at this location, although the configuration of this lot may seem odd,
project could be redesigned to maximize the commercial ground floor frontage along Ridge
Avenue. We will also argue that the intent of the council president's prohibition of housing bonuses
in this section of the fifth council district was clear. So while the applicant's intent to
provide units to low to moderate income tenants is admirable, there is no mechanism which the
city can use to ensure that either the units or the tenants will meet low to
income low to moderate income standards. So the city planning commission recommends
the board deny the requested variances. Okay. Thank you.
Meredith, you want to respond? I would like to. Yes. Thank you.
I would like to. Yes, thank you. Just two things. First of all, there is no refusal in this case for anything concerning the commercial space. So I would just point out that that is fully compliant with the code.
Just two things. First of all, there is no
and there were other challenges i would be happy to bring the architect on if the board needs
additional clarity but there were quite a few challenges given the lot shape here
that ultimately dictated where this commercial space was located and how it was designed
and then you know just as far as the enforcement mechanisms you know that first of all we do have
a formal agreement with the community and that agreement will be recorded brewery town has often
entered into these types of agreements with other developers that have come before this board
uh and you know i'm confident that brewery town has appropriate counsel to ensure that the terms
of these agreements uh are met uh so so we we do not believe that will be a concern okay thank you
MI-2022-004-117-2134-38 Ridge Avenue, I vote yes per amended refusal dated 11-16-22.
Carol Tenere, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Thank you, counsel.
Thank you.
You're welcome.
All right. Number four, MI 2022-004-046-533 East Honey Park Avenue. Michael Molloy is the attorney. Letter of non-opposition from Council Member Lozada. Letter of support from the 42nd Democratic Ward Executive Committee.
Mr. Molloy. Yeah, Mr. Chair, this is Hillary. I just wanted to let you know we did receive
the tax information, then this matter can be voted on today. Thank you. Thank you. I appreciate it.
Mr. Molloy. Mr. Chairman, can you hear me? Yes, I can. Could you state your name and spell for
the court reporter, please? Sure. Good afternoon, Mr. Chairman. My name is Michael Molloy,
and it's M-A-L-L-O-Y. Right. Do you swear a firm to tell the truth, the whole truth,
and nothing but the truth? I do. Could you identify your client in relationship to the property?
Sure, Mr. Chairman. My client is SBG Real Estate, and it's at 533 Hunting Park Avenue. They are the
owner of the property. Okay. And our vice chair, Carol Tenere, has a few questions.
Hi, sir. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do. Thank you.
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of this property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, to all of the above.
Great. You may proceed and begin with sharing your screen.
Well, thank you very much.
Thank you.
Hold on one moment.
One second here, sorry.
so we see the deeds up so can everybody see my screen um with the uh the deed is sideways but
that's that's okay let me let me just hold on let me make sure i'm sharing the correct screen here
hold on give me one second here um
i just wonder so mr malloy what mr malloy yes mr malloy yes so here here's what i think we need
we need some photos of showing the existing property and then what the sign will look like
sure uh thank you very much and i'm sorry about that let me let me just make sure let me get the
the correct um i'm looking for the correct screen to share i'm sorry um
okay so mr malloy here's what here's what we could do let me get back to you let me go on
to the next case get your sorry thank you no no and we'll call you in about 15 minutes okay
Okay, that's great.
Thank you very much.
Great, thank you.
Case number five, MI-2022-004-028-3634-9.
004-028-3634 North 19th Street, Justice of Consul. Consul is the attorney, letter of support from the 13th Ward RCO.
Councilwoman Bass has taken a non-opposition to this project.
Mr. Consul.
Hello?
Hi, Mr. Consul. Could you state your name, please, and just spell for the court reporter?
Yeah, it's Joseph, J-O-S-E-P-H. Last name is Consul, C-O-N-S-O-L-E.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
Yeah, the client is Invest Realty 3 LLC, and Mr. Sidney Shaw is on this call to adopt my testimony.
And Mr. Consul, our vice chair has a few questions.
Hi, Mr. Consul. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
have you emailed the exhibit packet with proof of ownership tax compliance refusal referral
photos and or plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes to all okay you may proceed and begin to share your screen
i think i tried to share is my packet up it's it it's up okay all right so uh there's a visual
of the property it's the property on on the end here we don't have that mr council we have your
zoning appeal hearing package oh good okay so you got my packet up it's 3634 north 19th street
that's in the nice town tioga section of the city in um october of 2016 this board approved
a three residential unit variance for the property prior to that the property had been
approved for two residential units and a hair salon i had um operated that way what appeared
to be for many years fell into disrepair the owners in 2016 got it rezoned and approved as
a three unit and i have that approval here's the application the appeal number permit for three
family dwelling in an existing structure, and this was in 2016, granted September 20th of 2016.
My clients, Invest Realty 3 LLC, bought the property in November of 2016, so a few months
after the approval was given for the three units. They operated the property with a three-unit
rental license until 2019 when the property had squatters in it. During that time, they
filed and eventually had the squatters removed, but did not keep up with their licensure and never
received a certificate of occupancy for the property, having not known that it was required.
And so when they got the squatters out, they sought to apply for the three-unit rental license
again and they got the refusal which is again three dwelling units is prohibited in this zoning
district now on the notes of the zba the only thing that's that's odd is it notes the um beauty
shop was and two units was granted in 1955 but it does not acknowledge the fact that three dwelling
units was granted in 2016. Nevertheless, at that time, Ellen and I had reached out to my clients
and said, unfortunately, it's just kind of a shorthand of this letter, there was no CO ever
applied for, so the 2016 approval for three units has lapsed, and you'll have to go back in front
of the board for a variance, and here we are. So I'll run through my packet. There's the refusal
again. We have support from the 13th Ward RCO committee. Neighbors came out. Takeaway seemed
to be that this property needs to be fixed up, and my clients got the squatters out, and everyone's
appreciative of that, and now they're going to be using it as a three-unit again, and hopefully
we get the support for that today. This is more of their letter, showing eight in support,
no opposition from anyone. RCO itself is in support. Councilwoman Bass, as mentioned,
has no objection to the variance. It's a proof of mailing, proof of the meeting.
It's a proof of mailing, proof of the meeting, photos and plans showing the property.
We had floor plans drawn up for the RCO, showing the breakdown.
The site area is 1,500 square feet.
We've got three units, one with three bedrooms and two with two bedrooms in this property.
We, per the RCO's request, showed where the internal trash storage is in the new configuration here.
And sort of a wider view of the block.
Entrances to the units as they stand now.
Now, property obviously needs some love after the squatters and such, but they have started to take some of the RCO's advice, installed some security lighting, and there's the rest of my compliance documents at the end here.
And then finally, we sent the board the previous approval, and sorry, it's zoomed in too much, showing that it had been granted for this same variance in 2016.
That's really the extent of what I have.
Mr. Counselor, you want to have your client or representative of your client adopt your testimony?
Yes, sir. It's Mr. Sidney Shaw, S-H-A-U-Y.
Sir, can you mute yourself?
Hi, could you state your name and spell for the court reporter, please?
Yes, my name is Sidney Shawi, S-H-A-U-Y is the last name.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I do. Proceed, counsel.
Good afternoon, Sidney. Did you hear my testimony just now regarding your property?
Do you adopt it as your own?
Absolutely.
Okay. Thank you, sir.
Questions from the board?
No, Mr. Chairman.
Thank you. Questions or comments from the virtual audience?
I see no handshare.
planning commission thank you mr chairman and board members david fecto with the city planning
commission mr chairman and board members the comprehensive plan recommends no change to the
residential single family zoning at this location this property has a documented history of use as
two dwelling units with a beauty shop which existed before the original 1933 zoning code
adding a third dwelling unit to replace the former beauty shop would have no discernible impact on
the block face and uh and no impact on the adjacent properties the city planning commission
recommends that the board grant the use variance for a third dwelling unit to replace the former
beauty shop thank you mi 2022 004028 3634 north 19 street i vote yes harold scenario my vote is yes
thank you council i couldn't come off mute sorry about that that's okay everyone
okay number six mi2022 004032 3870 lancaster avenue lynn nichols is the attorney
um letter of support from the people's emergency center
council member gotheye has taken a position of non-opposition
miss nichols could you state your name and spell for the court reporter
good afternoon lynn nichols l-y-n-n-n-i-c-h-o-l-s right do you swear or affirm to tell the truth
the whole truth and nothing but the truth? Yes. Could you identify your client in relationship
to the property? My client is Michelle Vaughn, and she is the owner of the business located at
3870 Lancaster Avenue. All right. Our vice chair, Carl Tenere, has a few questions.
I do agree to waive the reading of the refusal and stipulate to its accuracy. Yes. Have you
email the exhibit packet with proof of ownership tax compliance a copy of the refusal or referral
photos under plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes thank you you may proceed and begin to share your screen yes can
everyone see my screen we can yes all right and so here we have the exhibit packet for the project
at 3870 Lancaster Avenue, Ms. Vaughn is asking for a special exception to hold in it to have
Ms. Vaughn is asking for a special exception to have an event space at the location.
She would like to be able to hold events and house approximately 70 customers at any one given time.
The special exception that she's seeking will not increase the congestion in the public streets or in any way endanger the public.
It will not cause overcrowding of the land, nor will it impair the adequate supply of light.
It will not burden the sewer, school park, or other public facilities, and it will not permanently injure the adjacent properties.
We have included in the packet the lease for her business, which is called Canvas Incorporated.
um and she also has we have the tax compliance certificate these are the neighbors that we
mailed letters to it was approximately 148 neighbors this is the letter that was mailed
to the near neighbors this is showing the proof of mailing here we have the posted zoning notice
this is the copy of the refusal attached you now see a view looking at the front of 38 lancaster
Avenue. This is a view looking, again, at the front of 3870 Lancaster Avenue. Here we have a
view looking across from 3870 Lancaster. This is a view looking to the right, a view looking to the
left. Here are some interior photos of 3870 Lancaster, another interior photo, and a final
interior photo. Here we have the plans, which shows the space inside of the location. You have