Questions or comments from the virtual audience?
i see no hands planning commission
good morning amy board with the planning commission amy boyd you swear or affirm to
tell the truth the whole truth nothing but the truth i do please proceed the comprehensive plan
recommends no change in zoning at this location from the existing single family rsa5 the application
has not supported with evidence of unique physical circumstances or conditions of the property that
would prevent it from being used in conformance with the zoning code. The Planning Commission
recommends that the zoning board deny the requested variances for multiple principal uses and artist
studios. Mr. Rojas, we're going to hold this case and we're going to vote January 8th at 9 30 a.m.
after I have a chance to talk to all the board members
in the executive session.
So January 8th at 9.30 a.m., we will be voting.
And thank you for your presentation, sir.
Thank you so much for your time.
All right, thank you.
Thank you.
Hillary, are we ready to go to one?
I thought we were going to go to...
Give me one second.
number five. MI 2024-002-842-4143, Lancaster Avenue. Henry Clinton is the attorney.
Morning, Mr. Chairman. Morning, Mr. Clinton. Could you state your name and spell for the
court stenographer. Sure. Henry Clinton, H-E-N-R-Y Clinton, C-L-I-N-T-O-N. You swear or affirm to tell
the truth, the whole truth, nothing but the truth. I do. Could you identify your client, Mr. Clinton,
for the relationship to this property? Sure. My client is Kevin Roghani, R-O-W-G-H-A-N-I,
and he is the principal of the owner of the property. And this is a resumptive hearing,
So we have all your documents and things like that.
So we need, let's update first where we stand.
I mean, could you give me an update?
Sure, I can do that.
So at the last hearing, basically the board had a number of questions.
One is they questioned the accessibility of the first floor rear unit.
Just by way of background, we're requesting commercial on the first floor and four units.
This historically was a commercial and three units.
But because the commercial space was so big on the first floor, we shrunk the commercial space and put a handicap accessible unit in the rear.
And a number of board members, I believe Mr. Johns and Ms. Graham in particular, questioned the accessibility, and rightly so, because the hallways weren't wide enough.
The bathroom didn't have an ample turning radius, and it was an issue about actually gaining access to the first floor.
And in addition, Mr. Johns had a question about the trash and somehow venting it to the outside.
So we have cured all those issues.
And I can show you the plans that reflect that if you want me to walk through those.
Lonnie, we'll do that real quickly if you can.
All right, I'll share my screen.
Is that visible?
It is, sir.
So rather than go through the whole presentation, Mr. Chairman, I'm going right to the revised plans.
And I'll show you where my cursor is, bottom left.
I can blow it up a little bit.
So the issue was we had a step coming into the building.
We now have a ramp that has streets approval, and I have streets approval documentation in my presentation.
Now there's ample turning radius here in the hallway to go both into the commercial space and the hallway is wide enough to get down into the rear unit and wide path to get into the bathroom, which is also accessible.
If we backtrack through to the hallway, what we did was relocated the trash receptacles here in a closet, and this dotted line is the venting of the trash into the alleyway.
into the alleyway. These are windows here on the side of the rear apartment. And so the ventilation
These are windows here on the side of the rear.
is out into the outside, not on the inside. And then in the commercial unit, there's also the
turning radius for a wheelchair in the bathroom. I have an updated tax certification. I have proof
that we reposted the property in time for the hearing. And I also have a streets department
an approval that I can show you, but it's all in my package. Whatever the board wants me to do,
I'll do. Why don't we, questions from the board. Yeah, can you do me, can you move over the drawing?
I can't see unit three and four, the delineation between unit three and four. Okay, thank you.
So unit two is here. Unit three is on the third floor. And unit four is a studio in the back. We have not changed the footprint, the height, the open space or the rear yard. And we're going to refurbish the entire inside as well as the front facade, which has been vacant at least 10 years.
Questions or comments from our attorney?
Yes, I just wanted to clarify, Mr. Clinton. According to my notes from the last hearing,
you had reduced the number of dwelling units by one, and you were asking for three dwelling
units in a commercial space, but these plans show four. Is what the client is looking for,
has that changed since the last hearing?
No, I mean, the last hearing I presented four, I think there were questions about would we accept three?
I think Ms. Graham raised that issue.
I think that's why she's looking at the studio in number four.
I think there was discussion, but I didn't get the sense that that was a must.
If I was wrong, I stand corrected.
Now, I just wanted to clarify my notes because I thought it had been presented as three.
So, and also just wanted to clarify, like, thank you for putting these plans together.
If the board does approve this, because this is a change of use application, it can't stamp these, but it can, you know, note the number of units that are being approved.
Understood.
Thank you.
Mr. Clinton, before we go further, I mean, my remembrance, planning took a position the last time.
Where do you stand with the original planning position?
From the planning commission?
I think the planning commission said that we didn't show any hardship because it's, you know.
I thought the planning commission, maybe I'm wrong, I thought the planning commission said three units.
that's correct Mr. Chair okay planning units made a position of saying three units okay if that's
what you could you give if that's what the board is suggesting then well we're going to go along
with that very much so before we do questions or comments from the virtual audience
okay thank you uh planning commission do you want to update your position
no thank you we'll stay with our previous position thank you thank you very much um so
So, MI 2024-002-842-4143 Lancaster Avenue, I vote yes, with proviso.
Use registration require priority occupancy for vacant commercial space, maximum three dwelling units.
Cheryl Gaston, my vote is yes, with proviso.
Senator Graham, my vote is yes, with proviso.
my vote is yes with proviso if no my vote is yes with proviso
thank you mr clinton thank you mr chairman members of the board appreciate it
thank you so number one mi 2024 003 74 2228 south 12th street verne anastasio is the attorney
um we do not have an rco letter there is a letter of opposition from council member school
The applicant did provide a petition with 20 signatures of support.
Good morning, Mr. Chair.
Good morning, counsel. Could you please state your name as spelled for the court stenographer?
Good morning, Counsel.
Could you please state your name as spelled for the court stenographer?
Yeah, it's Byrne Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Justin Bonner, who is the owner of the property.
Wear or affirm the tell-the-truth, the whole truth, and nothing but the truth.
Our vice chair has a few questions, sir.
Good morning, counsel. Do you agree to waive the read and other refuse or stipulate to exact proceed?
Good morning. Yes, I do.
Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?
Yes, I have.
Thank you, counsel. Please proceed and share your screen.
Thank you.
Working on sharing my screen, please forgive me.
it's coming 2228 south 12th street mr chair members of the board this is the mls listing
my client viewed uh prior to deciding to look at the property in question it's established grocery
store been a business and operation since 1929 includes some equipment second floor is a three
bedroom apartment one car garage attached why is that significant well it's the reason why we're
here he visited the property and this is what he found large corner property with one car garage
attached after visiting the property based on the mls he purchases the property
uh and then he's um planning to put in his a uh business live upstairs and he'd like to use the
the garage. A little bit of an interruption of your conversation. Why don't you start again?
Start from the beginning? Yeah, right there is good, please. Okay, so my client, based on the
MLS and the physical manifestations of the property, my client reviewed it, purchased it,
intends to put his business on the first floor, live above, and use the garage. The garage is off
as far as the refusal is concerned.
And that is what specifically is the real point of contention.
No one's arguing that even though this is RSA 5 residential space adjacent,
it is a longstanding CMX 1 property, and he intends to use it that way.
The issue is the rear garage.
And that's why we went to the zoning board.
I'm sorry, that's why we filed the appeal and went to the RCO meeting.
Let's take a look at the interior layout of the property.
and here is further detail
Here's the traffic plan approved by streets, and there's the detail on the plan itself.
and there's the streets department's approval
here's a photo of the front of the property as you can see it's clearly
commercial oriented
here's from across the street
Here's with the garage door open.
Here's the letter that went out to all interested parties.
inviting both folks to the rco meeting there was two rco meetings one with me one without me
very few people showed no one spoke up in opposition we did not believe there was anybody in opposition
We did not believe there was anybody in opposition.
221 individual households were, in fact, mailed.
There was one person who spoke up in support.
Here's the proof of posting.
And also in my packet, we have the deed, tax information, property history,
showing a long use of commercial on the first floor, living space above, and the garage.
And, of course, 20 signatures of all immediate neighbors in support of the variance as it stands.
Because my client recently-
Could you go back to the garage one more time?
A photo of the garage with the car in it.
And that's a big car.
So, would the garage door close, Vern?
In fact, my client's car isn't even that size, and the garage door closed.
So, the other question I would have is, could you get out of the car?
Would the door open?
Is there enough room in there, a car like that, to get out?
And I could even ask my client to testify to that.
All right.
With that, I'm going to have Mr. Bonner raise his virtual hand.
Mr. Bonner, if you're in a virtual audience, please raise your virtual hand.
Richard Bonner has been allowed to speak.
Morning, Mr. Bonner. Could you please state your name and spell for the stenographer?
It's Richard Justin Bonner, R-I-C-H-A-R-D-J-U-S-T-I-N-B-O-N-N-E-R.
I are affirmed to tell the truth, the whole truth, and nothing but the truth.
Please proceed, counsel.
Thank you. Mr. Bonner, did you hear my presentation to the board this morning?
I did.
Is it true and accurate to the best of your knowledge?
Do you adopt it as your own testimony?
Okay, and do you have a smaller car where you can get into that garage and get out of the car while in the garage?
Is that correct?
We have a Toyota Prius, and I was just showing how big of a car would fit into it for that picture.
Okay, so you can get into your garage with your car, and you can get out of your car while in the garage.
Is that right?
My car is two-thirds the size of that car, and I could get out of that car.
Your answer is yes.
Is that correct?
Thank you.
Mr. Chair, I have nothing further.
Questions from the board?
so is is there a there's a curb cut there already yes there's a legal curb cut there
recognized by the streets department okay
and it's not a makeshift it's not a makeshift curb cut it's an actual physical curb cut
the garage is going to be solely used by the owner operator that's correct
accessory parking for the living space above
the questions from the board