Mr. Chandler.
Mr. Chandler.
I'm going to see if I can promote him again.
i see him at the bottom there okay mr chandler yes how did you you find your computer working
okay uh yes uh let me uh call up all right do me a favor just for the record you've already
been sworn state your name for the record uh david chandler c-h-a-n-d-l-e-r with co-counsel
Helen Beck, B-A-I-K, and let me pull up the exhibits.
Okay, please.
Okay, do you see them now?
No, we do not.
You do not?
We do not.
Share screen.
Let me put the share screen first.
Share.
It's coming up now.
Yeah, but we only see your, we don't, okay.
Do you see them now?
Yes, this is an application for a variance for, this is a grocery store and the applicant wishes to sell hot food.
So they need a variance for that.
He already sells cold food and all the other food items that a grocery store normally would have.
Now, let me go to the photographs. That would be very helpful. Okay, number 47. This is the storefront of the store at 58th and Catherine Street.
Then the next one, this is a side view, 58th and Catherine Street.
And 40, okay, and this is another side view looking down 58th Street.
and this is the front of the store the entrance now i'll show you some of the interior shots
this is a uh interior shot of the uh the store now towards the back you see where they uh sell
cold cuts and that's the area where the hot food preparation will take place uh this is uh near the
front of the store. And now this is the right side of the interior of the store. Again, you
can see the rear of the store where the hot food preparation will take place. Again, this is where
the currently cold cuts are sold. And this is the area in back of the counter where the hot foods
will be prepared. Again, this is the storage room in the rear. That's only the employees can go
there now i'll show you the zoning posters this is one in the front this is one on the side on the
58th street side and this is one the uh for the front door and also uh the uh at the community
meeting on december 4th the main concern of the uh community group was that the there would be
adequate trash pickup because with hot foods there would be a tendency to generate more trash.
So our client agreed that in addition to the once-a-week pickup by the city sanitation
department, he would hire a private hauler to haul trash away as needed probably at least once
as needed probably at least once a week if not more depending upon the volume of trash
a week if not more depending upon the volume of trash.
and this is the area in the rear outside of the store where you have the current trash
trash cans and he will have more if necessary there were
he did have a number of he circulated a petition among the neighbors and he got 225
signatures in support. This is the first page of about 25 pages, altogether around 225 signatures
in support of the proposal of the applicant. They want him to sell hot food. And we did send
a uh notices to uh about 189 neighbors on the on the list and this is the first uh
of four pages showing all the uh all the neighbors to whom we mailed the um the um
the notices to and this is the there were 179 letters to the neighbor's first class and they
were mailed in time for the meeting on December 4th. At the meeting, the community group issued
a letter of no opposition. So we respectfully asked the board to grant the variance and grant
the application of our client. Counsel, is your client here? Yes. As a matter of fact,
sure he uh we asked for a spanish interpreter but no one is available miss beck is fluent in
spanish so she can't interpret or well we can't i don't i don't believe we can do that we can only
interpret when we have uh okay well i i can ask him for me i can ask him about the uh uh
okay um well you're you're an officer of the court i mean yes you've you've been in front of him
before talking to him about this
and somebody explained to you
what he was saying to you, right?
You explained to him, right?
All right, we'll take your testimony
as an officer of the court.
Is that okay, Hillary?
That's fine, Mr. Chair.
Okay, good.
That's fine.
Thank you.
We're good.
We're good.
Questions from the board.
No, Chair.
Questions or comments
from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Comments from the virtual audience.
There are no hands, Chair.
Planning Commission.
Thank you, Chair Bergman, and good morning, David Fecto with the City Planning Commission.
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 as a grocery store.
The City Planning Commission recommends that the board grant the proposed use variances for multiple principal uses.
and for retail sales of food, beverages, and groceries.
Thank you.
Number three, MI 2023-004-274-5800, Catholic Street, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you, Mr. Chandler.
You have your votes.
Okay, thank you very much, Mr. Chairman.
Number 13, MI 2023, 001-967-6614, North 13th Street.
Darlene Treat is the attorney.
Okay, we got it.
Darlene Treat has been promoted.
Good morning, counsel.
Counsel?
Council?
We're trying to repromote her chair.
Thank you.
Good morning, counsel.
Could you unmute, please?
Unmute.
Thank you.
Sorry about that, Commissioner.
Could you just state your name for the record?
You've already been sworn.
Darling 3, Darling 3 & Associates, 45 East City Avenue,
balakinwood pa19004 okay please proceed with your presentation
good morning commissioner i represent the applicants at 6614 north 13th street
i submitted a package of exhibits today which concern which contains approximately 43 documents
This is an application to legalize a duplex.
The applicant, Mr. Perez, bought this property back in 2022 and proceeded to make a residence in the bottom of this property for his mother.
The applicants did attend a meeting with the Civic Association where they explained that he wanted some separate quarters for his mother to live in.
It is my understanding that the applicant, his mother, and Ms. Cadelio went to the meeting.
Commissioner, you indicated that there was a letter of non-support.
I'd like to address that letter.
No, no letter of opposition.
a letter of opposition
it's my understanding that there was a meeting held here for this um project on september
23rd 2023 and the vote was actually a 21 to 10 in support of the application
But the board here decided that it was not a project that the board wanted to support.
I think you, well, it was eight unconditional support, 13 in support with conditions, and 10 in opposition.
Yes, and commissioners, we had no problem, but I don't know if the actual proviso that the supporters wanted is really enforceable.
The proviso that was suggested that's mentioned in the letter that this property is only used for the applicant's mother to live in the basement.
Once the property is sold, it would revert back to a single-family residence and that there would be no outside renters.
Only the family member could live in the basement.
Commissioner, this is what the property looks like.
It's a single-family residence residence.
She was not working today.
What's going on today?
This doesn't seem to be working.
I apologize. Here we go.
Commissioner, here are the plans for this property.
Basically, it is a two-story residence.
It's a first floor in the basement.
The basement is actually more than 50% above grade.
The applicant currently lives on the first level, and his mother lives here on the second level.
Here is a layout of how the property is designed.
As you can see, it's a pretty big property.
is the first floor residence up here.
First floor residence here, which has three bedrooms and
two bathrooms. The lower level has
four bedrooms and two bathrooms also.
Here is a picture of the posting. Here is a picture of the property
in general. There's some pictures of the
in general. There's some pictures of the neighborhood.
neighbourhood
That's the front of the property. Here's a picture of the interior of the property,
the upstairs bedroom, the living room.
The basement, another additional bedroom, the bedrooms and the bathroom in the basement,
the open area in the basement,
the kitchen currently in the basement,
or the lower level, I'm sorry,
the family room in the lower level,
more of the kitchen area of the lower level.
another bedroom
in the lower level office
so just additional pictures of what the
downstairs currently looks like
it's a bathroom
Commissioner, it was a meeting unnoticed for September 20th, 2023.
It was a well-attended meeting.
There was quite some discussion at the meeting.
Here are the certified receipt for the mailings for the meeting.
and here is the actual letter that came from the meeting. It reads that there were actually
21 residents in support of the request for the variance. There were 10 in opposition.
The main concern was they didn't really want a multifamily where it would be a rental for the
community, but they were satisfied with the representation from the applicant that the
apartment was made specifically for his mom, that his mom currently lives downstairs, and the
applicant was more than unwilling to enter into any type of provisal, indicating that the bottom
level would be for family use only for his mom, and if he were to sell this property, that he had
no opposition to reverting it back to single-family usage.
Commissioner, I didn't attend this meeting myself, and I'm not really sure
that that type of proviso can be
issued by the board. I would defer to
Ms. Emerson for that. With that, I would take any
questions that you had concerning the application.
Mr. Perez, can you
identify yourself for the record, please?
Mr. Perez is allowed to speak.
Please unmute yourself and wait for the chair.
Hi, Mr. Perez.
Could you state your name and spell, please, for the court synagoguery?
Mr. Perez, can you unmute, please?
uh arlene you're an officer of the court we will lately take your testimony
okay okay thank you what questions from the board no no questions or comments from our attorney
hillary emerson um just briefly mr chair a proviso um limiting the proposed use of the
property to the current owner is not enforceable by the board because zoning runs with the land
um one option that could potentially be looked into but this would be a different
use would be an accessory dwelling unit at the property hillary how about a temporary variance