ZBA Hearing - February 11, 2025

This is a Google angle photo showing the front of the property here.

In the rear, as you can see, fronting on Miller Street is the garage.

Again, a wider view, but this is the Miller Street frontage.

As previously indicated, he installed new concrete sidewalks.

He restored the facade of the structure and actually did a nice stucco facade on the commercial unit.

To the left is the three-story dwellings, a copy of our zoning notice.

Again, front and rear of the structures, as you can see, again, on the Miller Street side, all new concrete.

um interior photos of the garage space these are typical photos of how he fit out the

uh interior uh typical of all three uh dwelling units new flooring cabinets appliances

is. Again, same fit and finish. This is a picture of the roof deck. Again, it's not visible from

Belgrade Street. It's at the top of the first floor behind the second floor dwelling units.

this is a google photo of what the property looked like prior to his renovations

again the the miller street frontage notice to for the meeting the addresses

certificate of mailing this is a SOPO's letter uh as you can see 23 in support zero opposed

all the zoning permits uh evidencing the zoning history of the property and again our aerial

photograph as you can see uh these are the train tracks down there lehigh avenue

Belgrade Street running northeast and we are located just above Somerset and below Cambria.

That is the sub and substance of my application, Mr. Chair. If there's any specific questions,

I'd be free to answer them. I either have Mr. French or Mrs. French on the line as well as

Why don't we bring your client one and adopt your testimony?

Very good.

Whoever is here, please raise your hand and we will verify and adopt.

Michael French has been promoted to panelists.

Good morning, sir.

Could you please state your name and spell for the sonographer?

like you have to unmute yourself

uh miss oh there we go did it work i yeah it does mr french could you turn your video on please

um yeah i'm gonna bear with me here please i'm uh okay

all right good sir could you please state your name and spell for the stenographer

uh yes sir uh michael french m-i-c-h-a-e-l f-r-e-n-c-h you swear or affirm to tell

the truth the whole truth and nothing but the truth yes sir please proceed counsel

Fair. Mike, you've heard my representations to the board today?

I did, yes.

Are they true and correct to the best of your knowledge, information, and belief?

Yes, they are.

And would you adopt them as your own testimony?

I would, yes.

Thank you. That's all I have, Chair.

Questions from the board?

questions or comments from our attorney hillary emerson

um just briefly mr chair i just wanted to confirm um what mr ward said earlier that we

Just briefly, Mr. Chair, I just wanted to confirm what Mr. Ward said earlier that we spoke and instead of having a vacant commercial use listed and having to come back later for potentially another variance, he would like the use of office business and professional on there instead.

So the board, if it grants, would be granting a variance for that in addition to the multifamily household living.

I don't know what the other use that's listed on here, the equipment and materials.

It's not listed as a variance.

I don't know if that was previously approved and also if there was previous approval for multiple principal uses on a lot.

But if any of those approvals were not previously made, then the board will be granting those approvals with this application.

Thank you.

Questions from the audience.

You want to respond to that?

Yeah, I just wanted to clarify.

Apparently, the three-family use has been in existence for decades.

And the rear equipment and material storage has been, you know, been inspired by the bakery, which had been there for decades.

So the only variance or refusal noted was for vacant commercial space at the front.

And we've agreed that that should be business and professional as opposed to a blanket commercial space variance.

Thank you for your comments. Questions or comments from the virtual audience?

I see no hands. Planning Commission.

Thank you, Chair. Good morning. David Vecto, City Planning Commission. That's F-E-C-T-E-A-U.

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Yes, sir, I do.

Please proceed.

Thank you, sir.

the comprehensive plan recommends no change to the rsa5 residential single-family zoning at this

location this property was rezoned in 2015 in accordance with the recommendations in the

comprehensive plan this property has appears to have been converted to three dwelling units

without the benefit of permits by a prior owner the property is not located in a commercial corridor

the city planning commission recommends the board deny the proposed use variance for three dwelling

units and deny the proposed use variance for ground floor business and professional offices

okay thank you um number two mi 2024 004 237 28 26 to 28 belgrade street i vote yes

with proviso approved use for vacant commercial space

fronting belgrade street is office business and professional

Cheryl Gaston, my vote is yes, with provisos.

Tanetta Graham, my vote is yes, with provisos.

I win, my vote is yes, with provisos.

Thank you, counsel.

Number one, MI 2024-000898-5153 Y Lusing Avenue.

so yeah hold on sir could you please state your name and spell for the stenographer okay my name

is lawrence on your okay my name is lawrence on your l-a-w-r-e-n-c-e my last name o-n-y-i-e-o-r-n-c-e

age. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth? I do.

And, sir, thank you for coming. You were here a bright drill. You actually beat me into the

building. I appreciate that. Thank you. This is a resumptive hearing, and the purpose of this

hearing is for you to present your revised plans, showing your two units, and then we'll have

questions from the board, testimony from the public, and then the planning commission will

make a recommendation and then we'll vote okay so why don't you start and and show us your your

your revised plans well excuse me part pardon the interruption this is the court reporter

could i please ask the witness to get closer to the microphone i'm having all right thank you

all right you hear me now very well all right sir thank you okay uh actually my presentation is short

because I have been here before on the 29th of May last year.

And I had planned, I was seeking four units, and it was turned down.

And however, the zoning board suggested that they might be willing to work with two units,

they might be willing to work with two units, which is what I have done, and this is what I've

which is what I have done.

presented. Map is on the board. We have complied with all their requirements at this point,

and I'm hoping for a short speech and maybe some kind of a sharing of questions at this point,

but the house itself is very easy. We shall not be modifying anything. We will not be adding

anything. Quite to the contrary, maybe we might just have to open up

more doors and create the unit because it's already

actually divided. So it would be easier

to just collapse the floors into units, number one

and number two, as it stands.

Okay, and that's your revised plan, am I correct? Correct, yes.

So questions from the board.

um where will the trash be stored for both units the trash will be stored right in front

at the uh we have a sidewalk have a little uh what not sidewalk excuse me but like a porch

right by the side of the house

okay other questions from the board what's the access currently to the basement the access to

the basement is from the inside. The basement will not be

part of the two units. The basement will be

independent. It will have nothing to do with

either unit. Yeah, either unit.

Yes. And then I'm just because

the access is from the inside.

Why don't you show on the plans

how you get into the basement?

Okay. Well, okay.

If you move towards your left there,

yes, towards the left hand,

right, go down here.

The basement is just right there somewhere

in the corner, on the left there.

The basement goes on there.

it's completely independent

it has nothing to do with any of the units

yeah I'm just trying to figure out

how do you get to that stairwell

because if you're coming in off the existing porch

and you're going up

if you're coming from the porch

you can go into the first unit going up

and then you can make a left turn

because the porch is enclosed

the porch in the house is enclosed

so once you come in you make a left turn

and then you make a right turn

going upstairs

how do you get down

I think it's just...

Into the basement. How do you get in the basement?

Okay.

How do you get into it? Well, the basement is

to get into the basement, you have to go

from the first floor.

So the first floor apartment

is the only unit

that has access to the basement.

That was what I was

trying to clarify. Okay.

And the intention is that that's just

going to be storage?

Say that again? Is the intention that they'll be able to use

that for storage?

Not really. I don't have any plans for that as it stands to be shut down.

All of their meters are going to still be in that basement, so they're going to have access to it.

The central meter will be in the basement. However, the panel boxes will be on the floors.

What do you mean the central meter?

That is the boxes.

Yeah, for the PGW?

That would be in the basement, but the panel boxes.

And then you've got a mechanical closet listed on the second floor.

What's going to be in that mechanical closet on the second floor?

Maybe a washing machine, washers and dryers.

So where's the hot water heater and the Pico meter going to be for the second floor unit?

They'll all be on the floors.

Everything's going to be on the floor?

Everything's going to be on the floor, yes.

Everything will be on each floor.

Except for Pico.

Electric water heater, everything else will be on the floor.

Other questions from the board?

Yeah, real quick.

So you said the trash will be stored in the front.

Yes.

I know the porch is enclosed.

So is there a, I don't know if your neighbors would like the trash stored in the front.

Is there a place for trash storage in the rear?

There is a place, it can be done as a little yard.

However, the first floor may not have, the second floor may not have access to that.

However, as soon as you come out of the house, I still have a little piece of land attached

to the wall

that has nothing to do

with the sidewalk.

Can you guys just

zoom out

so we can see the whole

the whole floor?

Yeah.

Yep.

Okay.

Other questions

from the board?

Questions from our attorney

Hillary Anderson?

I just wanted to know

briefly, Mr. Chair,

We will need to just hold this for a vote for members to view videos of the past hearing.

But otherwise, I have no questions.

All right.

Questions or comments from the virtual audience?

I see no hands.

planning commission thank you chair bergman and good morning david effector with the city planning