Thank you.
Are there any other requests for continuance?
Chair, we have a caller with the phone number ending at 8108.
Caller, please unmute yourself and wait for the chair.
Could you state your name, please, and spell it for the court reporter?
Hello?
Hello?
Paula, please unmute yourself.
I believe it's star six to unmute yourself.
Hello?
Chair, they still haven't unmuted themselves yet.
Okay, we're going to move forward.
Number two, MI-2022-006-500-2000-Hain Street.
Aaron Stratford is the owner.
We have no exhibits.
This is the first listing.
Mr. Stratford.
Aaron Stratford, if you're in the virtual audience, please raise your hand.
chair i see no hands at this time so mi 2022 006
500 2000 hayne street that case is continued mark must be tried we're going to go to our add-on list
now? We're out on the list. First one, MI 2023-000-840-526 East Mercy Street.
hold on one minute number one the board found that this appeal was timely filed
based on constructive notice of the permit
the appeal is denied with the proviso this matter is an enforcement issue
that is more appropriately handled by the department of licenses inspections
Thomas Holloman
James Snell, appeal denied
Excuse me, Mr. Holloman
and Mr. Snell, can you indicate if you agree with the proviso referring it to
enforcement? Yes, appeal
Thomas Holloman, appeal denied and I agree with the
proviso. James Snell, appeal denied
and I do agree with the proviso. Thank you. Number two, MI 2022 006.
MI 2022-006-114-734 Latona Street.
I vote yes with proviso. Maximum two units. Building height must comply with RSA 5 Zoning District.
Thomas Holloman, my vote is yes with provisos.
James Snell, yes, with provisos.
Thank you. Number three, MI 2022-005-930-12301, McNulty Road, I vote yes.
Thomas Holliman, I vote yes.
James Snell, my vote is yes.
we're going to go to our our our regular list now we're going to start with number four
mi 2022 excuse me mr chair sorry this is this is hillary we had an additional add-on did you see
that on the list germantown avenue i don't are you looking at the new list yeah oh i i i don't
see that hillary i didn't i didn't see it on the list oh okay it was number four the fourth add-on
on at two o'clock sure i'll take care of right now okay
that was earlier today right yeah that okay that was okay and we and we have everything we need
with this? We have everything, but if you
don't have the full notes, then I think we should vote it next week because
there were a question about whether to include
a temporary special exception. So MI
2022-002-233-
5607-13 Germantown Avenue. We will vote
on this next Wednesday at 2 p.m.
Okay, now we're going to go to number four, we're going to start with, right, Hillary?
Yes, Mr. Chair.
Okay, MI 2022-006-215-150 Fairmount Avenue.
Justin Epperstein is the owner, applicant, it's pro se.
Mr. Epperson?
Mr. Epperson is coming back as a panelist now, Chair.
Thank you.
Hello. Can everyone hear me and see me?
I can. Hi. Could you state your name, please, and spell for the court reporter?
My name is Justin Epperson, J-U-S-T-I-N-E-P-P-E-R-S-O-N.
Right. 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 four-story attached structure, not to exceed 55 feet,
that includes a full basement with egress, a roof deck, access by interior, access stairs,
size and location as per plans for the proposed use as a two-family living the use refusals
one in the cmx 2.5 district in order to promote active uses at the street level
buildings must contain a use other than residential on the ground floor frontage
within the first 30 feet of the building two under the transient oriented development overlay
district. If permitted under the base zoning district, at least one of the following uses
required on the ground floor, retail sales, commercial services, public, civic, and institutional
uses, office uses, enclosed public spaces, enclosed gardens, and one zoning refusal in the CMX2
commercial zoning district, a minimum rear yard depth equal to the greater of nine feet or 10%
in the lot whereas the proposed rear yard is at five feet sir have you submitted all the forms
you needed to send into the zoning board uh i did sir and i was speaking to sharon saluda earlier
i'm here for two properties that are adjacent to each other and it would make it would make
more sense if we did 152 first so i mean i'm kind of beginning doing them both together but it would
make more sense at 152 first and yes i did submit everything all the documents that were required
all the documents that were required and i was like i said chatting with her email
and I was, like I said, chatting with her email
with sharon saluda this morning hillary this is uh
with Sharon Saluda this morning.
this is 150 and 152 yes yes i'm sorry i thought i thought it was 150 that was requested to go first
um it is we can go with 152 which is number um just number eight mr chair okay we can do
number eight than number four. Thank you. I'll read that. So MI 2022-006-216-152 Fairmont Avenue
for the erection of a dorm on the four floor, for the addition of a rear deck at the second
floor level of the existing structure, a two-family household living size to be shown, one use refusal
and the CMX 2.5 in order to promote active level. Buildings must 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 measured from the front building required first floor. One zoning refusal
not provided at the building additional level nine feet whereas you have eight feet three inches.
Have you sent all your paperwork in for all this?
Yes, sir, I have.
Why don't you share your screen and start?
And by the way, you have a letter of support from Northern Liberties Neighbors Association and a letter of non-opposition from Councilman Squalor.
That's correct.
Green button on the bottom.
Share your screen.
Give me one second.
Is it working?
You see where it says share your screen?
Yeah, I clicked that.
Here you come.
It was just kind of.
You're good.
Directions.
i see all my other stuff up here
okay can can you see that we can okay so uh 152 fairmount ave on the far left there under the red
boxes as you can see also have a couple drone shots to kind of give you a better idea 152
on the far left there you see if you see all these houses here it's 152
four six and eight they're all zoned commercial mixed use cmx 2.5 but they're all being currently
used as duplexes as in four six and eight current use is a duplex 152 which is the subject property
is currently being used as single family but i would like to renovate it and convert it into a
duplex here's another shot this is from above second street uh i-95 quarter there a little
small section of Fairmount right here. And on the corner, we have these other commercial buildings,
which I think are up above 50 feet high, but you can see the other angle. This is all being used
as residential right now. This is from above. So 152, the subject property right here on the
ground level, a hundred percent of the lot is built on already. So there is zero backyard on
the ground floor. And as you mentioned earlier, the two variances I'm seeking, number one is to
not have a commercial storefront on the bottom on the ground floor and then by me renovating
the fourth floor which would be a dormer here it kind of triggered a rear yard setback
nine feet required but I would only have eight foot three inches and that would be because of
this area right here and as I mentioned before the current existing structure has 100% of the
ground level built on so by me renovating this it triggered it on the fourth floor for the rear
yard setback. So that's the two variances. Here's the zoning data. CMX 2.5 allows us up to 55.
We're just going to be renovating the existing structure, not adding anything onto the height.
Here's the layout. I don't know how much you want me to speak to this. I can kind of skim
through this unless you had questions on the layout. It's a standard duplex layout that's
kind of conjoining with the rest of the block, the same layout.
Second floor, I have a kitchen and living room.
Third floor, one bedroom, one full bath.
And then the dormer and the addition on the rear would create me a loft with another full bath up on the fourth floor.
What was the basement again? Show me the basement again.
Here's the basement, bedroom, full bath, utility closet, and then there'll be egress in the
Here's the basement, bedroom, full bath.
front.
There's already an egress window in the front.
Like I said, the whole block is all kind of built the same with the same front egress
at the ground level.
Renderings from the exterior here, pretty straightforward.
Just kind of goes over the existing building height, existing dormer.
existing building height kind of gives you the layout going from the third to the fourth would
be a spiral staircase and then here's the uh city plan with parking the streets showing the egress
well here in the front and then like i said before the ground level is already 100 built
on with the existing structure there so that's kind of it for 152. we'll go back to one other thing
never mind that's on the next one but um yeah so that's the area do you have any questions on
what i presented thus far questions from the board
no mr chairman
questions or comments from the virtual audience
planning commission see no he is at this time thank you planning commission
good afternoon chair david fecto f-e-c-t-e-a-u with the city planning commission do you swear
a firm to tell the truth the whole truth and nothing but the truth yes sir i do thank you
david uh thank you sir the comprehensive plan recommends no change to the commercial mixed
use zoning at this location, the applicant has shown that the current zoning creates a hardship
to the expansion of this legally non-conforming residential property. Commission staff has also
received a request from the Northern Liberties Neighbors Association to review the zoning around
North 2nd Street with an eye towards potential zoning map changes. So the City Planning Commission
recommends that the board grant the proposed variances. MI-2022-006-216-152 Fairmont Avenue,
I vote yes. Thomas Holloman, my vote is yes. James Snow, my vote is yes.
Thank you. You want to move on to 150 Fairmont Avenue? Yes. All right, all your paperwork has
been sent in for that. Am I correct? Yes, sir. Proceed. Okay. So thank you for letting me do 152
first. So it kind of makes sense. We already talked about the block and the drone shots and
the zoning. So for 150, right, you can see right here, there's a vacant lot right next door to 152.
Yes. So this is the proposed renderings. And to start with, my goal here is to keep
the fenestrations and the look of the block the same so i still we are a little higher here this
building it looks a lot higher than it really is but the legal building height proposed for 150
is 43 feet and four inches and then the current height of the adjacent buildings are 41 11 so
we're about a foot and a half higher i plan on doing the dormers and the brick and everything
kind of the same to kind of match what's on the block i know northern liberties is pretty
big and strict on that with their local zoning with builders and developers and
or even investors just kind of conforming to what's going on from a fenestration and a look
standpoint so I try to honor that their request with that to kind of build it to make it look the
same and not build a huge blob big building that looks completely different and modern at the end
so I know that's kind of irrelevant to the variances but I just figured I'd throw that out
there here's another drone shot of the vacant lot next door and this is the same thing this one's
zone commercial mixed use and i plan on proposing a duplex here's a overhead shot very similar to
the other one same shot from before same same zoning data before this this current vacant lot
or all these lots are 15 by 37 so the two variances on this are the commercial mixed use
and then with me building new construction i was seeking a variance for the rear yard depth versus
nine to the proposed, which would be five due to the hardship of it not being a very
deep lot and building new construction, trying to squeeze a living room and bedrooms on this
very shallow lot.
And if I wasn't able to get the variance and it being commercial mixed use, it would be
almost next to impossible to create some sort of commercial space on the ground floor with
it only having 30 feet to work with there.
So that's the hardship that I'm seeking there.
almost identical layout to the previous at 152 to include the rest of the block the same same
layout as all the other duplexes it'll be one bedroom one full bath on each floor
And then with this one, there will be, it will be a proposed roof deck.
and then with this one there will be it will be a proposed roof deck
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.