Ishmael's recused on that case.
Number four, MI 2024-003-732-1040 Wall Street, I vote yes with proviso, per amended refusal, dated 123-25.
My vote is yes with proviso.
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Tywin, my vote is yes, with proviso.
Ishmael Shaheed, my vote is yes, with proviso.
Number five, MI 2023-007-092-789 South 2nd Street.
I vote yes, with proviso.
Revised plans, one page, stamped by ZBA, January 29th, 2025.
michael johns my vote is yes with proviso
cheryl gaston my vote is yes with proviso tanetta graham my vote is yes with proviso
hi and when my vote is yes with proviso ishmael shaheed my vote is yes with proviso
thank you we're going to our regular list number two mi 2023 000 784 263 east upsell street
Miranda Darden is the listed applicant.
This is a pro se.
Miranda Darden has been promoted to a panelist
and chair of the results.
Okay, there was another handbook that's been put down.
Excuse me.
Good morning.
Good morning.
Could you please turn your video on?
Good morning. Could you please state your name and spell for the court stenographer?
I'm Miranda Darden, M-I-R-A-N-D-A-D-A-R-D-E-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
So this is for the erection of a fence around the perimeter of an existing single-family,
semi-detached structure. Fences that are located between the street and the building on the lot
shall be no more than four foot in height and no more than 50% opaque, whereas a solid timber fence
six foot in height is proposed at the front yard. Our vice chair has a few questions for you.
Good morning. Have you emailed in all the required documents and exhibits that's needed
and required to proceed with this case five days in advance of this hearing?
Yes. Thank you. You may proceed and share the screen.
okay um really quickly what am i supposed to be sharing today
all of your documents that you're going to present with us which is going to be your
denial letter um your um the deeds the photos and any okay that you may have so anything that i
put through as an exhibit everything that you said gotcha okay thank you
I will share my screen once I figure out how to do that.
Can you see my screen?
It should be the green button in the bottom.
Here, it's coming up now.
Okay, perfect.
Thank you.
Okay. So, I will start with the notice of refusal.
Okay, so I will start with...
Okay. Tap on that.
Thank you very much. We have that.
Your next document, please.
This is the application for appeal.
Okay. Thank you. We have that document.
Project information form.
Yep. Thank you. We have that.
And then the application plan initially submitted.
I have the East Mount Airy neighbors.
And they were unanimous in your support, I understand.
All right. So why don't you tell us what you're doing and show us some photos.
so this is kind of a good place to start initially i had a fence there that was
falling apart and we knocked it down to extend from this line on to the side however it does
stop short of the front of the house so my front porch is right here right and because this is a
side property i think there is a there is a limitation to front front porches and side
porches or side fences to be four feet tall so um it's kind of hard to tell in this photo but
all of these properties surrounding my properties are actually elevated and also this is a very high
traffic street so there are a lot of people that walk to and from school for example on these blocks
and i have three dogs so the goal was to not only ensure privacy deter litter but also keep
my dogs um separated from ongoing pedestrians um and they're they're larger animals do this
why don't you show us the rest of the photos i think we're we have a pretty good understanding of
this. So here's another photo of the zoning paper posted and it's nothing too exciting to look at
but yeah just along along the side of the property this is my fence. What else? And this is kind of
a good photo to show from far away, just how that aligns on the side of the house.
Okay, so you went to a contractor and you weren't aware that you had to have
this zoned. Is that what happened?
Pretty much, yes. And then the contractor now moved to a different country. So we tried to
filed the paperwork after the fact, not knowing that this probably should have been filed
beforehand. And it's just been an ongoing scheduling nightmare, honestly, with trying
to get everything posted and up in time to present for this meeting. So hopefully this
Questions from the board.
Questions or comments from our attorney?
Not at this time, Mr. Chair.
Questions or comments from the audience?
Questions or comments from the virtual audience?
Yes, Mr. Chair, we have a hand up from Tyrone Williams.
I've allowed them to speak.
I don't think this is Tyrone.
um mr williams i don't i don't think this is your case that was a mistake that was a mistake
okay thank you okay mr chair please support me for that we have a hand up from charles
richardson i've allowed him to speak sure mr richardson you've already been sworn just for
the record state your name sir charles richardson office of councilwoman cindy bass councilwoman
has no opposition to granting this we're actually glad that mr darden is finally getting this done
This has been around for a minute, so no opposition.
All right. Thank you very much for taking the time to calls.
Planning commission.
Thank you, chair.
Thank you, chair Bergman. And good morning, David.
With the city planning commission, chairman and board members, the.
Oh, sorry. FECTEA.
Do you swear or refer to tell the truth, the whole truth and nothing but the truth?
Yes, sir. I do. Please proceed.
Thank you, sir. Chairman and board members, the comprehensive plan recommends no change to the RSA3, residential single-family zoning at this location, but there is no unique physical condition or circumstance that will prevent this property from being used in strict conformity with the zoning code.
condition or circumstance that will prevent this property from being used in strict conformity with
the zoning code the city planning commission recommends the board deny the proposed variance
for a non-compliant fence we also note that the proposed fence may constitute an encroachment
of the public right-of-way which can only be cured through a bill of counsel thank you mi2023
0-0-0-7-8-4-2-6-3
East Upsil Street. I vote yes. Michael Johns. My vote is yes.
Cheryl Gaston. My vote is yes. Tanetta Graham.
My vote is yes. Taya Nguyen. My vote is yes. Ishmael
Shahid. My vote is yes. Thank you. You have your votes.
Thank you. We're going to move to number
10. MI 2024
four zero zero one nine four seven twenty three fourteen north broad street jessica nelson is the
listed owner this is a pro se jessica nelson will be returning as a panelist shortly mr chair
hello hi could you please state your name and spell for the stenographer
Jessica Nelson, J-E-S-S-I-C-A, last name N-E-L-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
All right.
So this application is for use as multifamily household living in an existing structure.
The proposed use, multiple family household living, does not contain a use other than residential and other than parking along 100% of the ground floor frontage and within the first 30 feet of the building as required in the CMX 2.5 zoning district.
Our vice chair has a few questions for you.
Good morning. Have you emailed in all the required documents and exhibits as needed to proceed with this case?
no problem please proceed and share your screen okay i would say there's also a letter of support
from the uptown entertainment developing corporation
um it's coming up okay
perfect is everyone able to see my screen we see it okay wonderful
both. Okay, so feel free to direct me on how you'd like to see this, but here I have all of the
pictures of the units. I won't go through each one unless you would like me to, but right now
I'm just showing the floor plan for each unit. This is the photo of the zoning notice. I have
the zoning application. I also have the refusal notice. I have the application for appeal.
I have the project information forum. Here are the list of the addresses to which the public
meeting notice was sent to. Here is the public meeting notice. Here I have the meeting summary
forum from that meeting. And then on the subsequent page is the letter of support.
I then have the certificate of tax clearance. And then separately, I have the deed, which I also
submitted. Ms. Nelson, how many units do you have in the building? Four. Four. Could you show again
the drawings of the
absolutely please
so that's the basement right
there's no living in the basement
there is so this is the
picture of the if this
would be helpful this is a living in the
basement
and then excuse me for the blurriness
but I thought that this might be helpful
to see I believe it's called like
the easement I believe
the ladder that is there
I thought that might be helpful to see
this is another view
of. Well, is that an apartment in the basement? Yes.
Okay. Show us
the rest of the building, please. Absolutely. This
is the first floor unit. Will you also like me to
show all of the pictures from each one? Would that be helpful? Sure.
Okay. This is one bedroom.
That is another.
living area, also living area, other pictures of living area. That is the bathroom.
This is what is titled as unit three, so on the second floor, bathroom, bedroom, another bedroom, living area, another view of the living area, that is also a bedroom.
This is what is titled as unit three, so on the second.
And then this is the fourth one, the one on the third floor.
This is a living area, same living area, bedroom, bedroom, leverage of the bedroom.
This is the kitchen, kitchen, restroom.
So my understanding in 2004, your property was approved for three apartments with no basement living.
I believe so. But when I acquired the property, I didn't do any construction. That living was already there when I acquired the property.
Thank you. Questions from the board.
is so so the we're just trying to get this straight so the property was approved for three
family uh with no living living in the basement but what you're asking for is to have this
basement apartment correct and i believe before then um it was originally listed as a four family
and then i believe it then went to three um and i guess i'm guessing i'm asking it to go back to
four and you go can you go to the floor plan of the basement and the first
so this is all one unit there's no there's no this is like an efficiency is that what this is
i believe so i'm not familiar with the terms i'm not sure no there's no like separate bedroom
shown in this plan no so it's like I guess it would be almost like a studio because everything
is open um it's like in I don't know if it'll be helpful for you to see the actual pictures but as
you can see so this is one point of entry or exit that's the stairs you come down and all of this
is open so at the side right here that's the kitchen you know there's that window I believe
it's called that easement which is like so there's another exit right here um does that
go to because i see this glass block oh sorry there's a backyard um i think the picture of the
backyard oh um excuse me if i did not maybe i didn't send a picture of that one uh excuse me
for that it looks like I do not have a picture in here of it but there's a background could you do
if could you do us a favor could you explain the ladder photo you showed you showed a photo with a
ladder absolutely so that's right here so in that um you know you see this square right here that
that's like that window um and then I have the ladder here to serve that's like the second um
exit. And then once you go through that, there's a lot, there's that backyard that
does this egress well open into the backyard or to a side yard?
Oh, sorry. Can you, can you repeat that please?
Does this egress well open to the backyard or a side yard?
Backyard. And then is there a grate at the top of this stair or is it open?
It is open.
for my understanding on your floor plan for the basement floor which i think you have listed as
unit one there's a door at the front where you see the bathroom where does that door go to
this that's like that's storage that's not that's not an exit so there's an exit