Yes, we have two more cases.
Number one, MI 2024-004-884-1806-North 21st Street.
Zen Jin is the attorney.
There's a letter of non-opposition from Strawberry Mansion Community Concern.
Good afternoon.
Hi, I'm counsel.
Counsel, you've already been sworn.
Just for the record, could you state your name?
Yes, my name is Zen Jin, Z-H-E-N, last name J-I-N.
And could you identify your client, the relationship to the property?
Yes, the owner of the property is Dwayne Cherry,
and Emren, they're saying, is a project manager that's on the project.
Okay, and our vice chair has just a few questions.
Good afternoon, Counselor. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that's needed to proceed this case five days in advance of this hearing?
I have.
Thank you, Counselor. Please proceed and share your screen.
Thank you. I'm going to share with the board what was previously submitted as an exhibit for this case. It should be coming up on the board's screen. Can the board see my exhibit?
We do, sir.
Thank you.
We have all your exhibits.
Thank you. This is an application for a partial construction on an existing property, as well as the use change of the property to a duplex.
This area is currently zoned RSA 5, and the use of duplex is not permitted.
However, the history of the case is why the community actually is not in opposition to our request.
my client's family actually owned this property for many many years his grandmother actually
started the process of this renovation back in 2012 at that time the property was zoned rm1
and the duplex proposal was actually a by right use so the process was started legally without
any issues except she ran into financial issues and actually was unable to complete the project
The property then sat for some time and eventually came to the possession of her grandson, my client, who wishes to complete and finish the project at this time.
The neighboring properties are well aware of what has been happening at the property and what the history is and what the proposal is.
and they generally had no opposition to our request for the reason that it's been something
that they are well aware of was being proposed back when it was perfectly legal and fine to do
and they're and we're just trying to complete a project that's unfortunately been delayed and
been delayed and delayed so as you can see there was no opposition from the RCO the RCO did put
delayed so as you can see there was no opposition from the
in a detailed letter explaining some of the general concerns they have such as trash storage
which we we have the placement by design for and we'll be happy to follow the restrictions on the
facade which will be maintained uh to maintain the look and the occupancy uh my my client is
going to be occupying the property uh and then one of the things as they specifically mentioned
is also the window well um has to be covered so that trash does not let me let me actually zoom
in on this section so it's easier to read uh they're they're concerned with the basement
window wells becoming heavily inundated with trash and wanted some way to make sure that
that would not happen, whether it's a blockage or a design change, so long as the well itself
won't become filled. The community was so concerned, they actually sent in pictures of
some window wells in other properties, not ours, that has had this problem with trash being thrown
into the window well, we are happy to propose a grate or grill that has small enough openings
that it won't permit this kind of activity to happen. And it could be flipped up if the
window well would be used. So from the design standpoint, the property again, this is the
property in question. It was a partial extension was started again many years ago. Much of the
interior work, what started years ago and then stopped and then restarted. And we're now at the
position of financially being able to finish the project. The proposal is to have the first floor
and basement level being one unit, second and third floor being the second unit. The layout is
the basement level would be family room and an office with the bedroom on the first floor and
living room and kitchen. The second floor, which will likely be the rental property my client
intends to occupy the first floor, would be three-bedroom unit, kitchen, living room,
with a small rear deck area accessible by the third floor. There are, again, no dimensional
variances here. The extension itself is within the footprints of what is permitted. Open space,
rear yard space are still within code requirements. So essentially, the only variance needed and
asked for it here is the use itself, which is a duplex. Again, from the standpoint of
the historical use of the property, this property was at the time that the project started a R-in-1
property. And again, the neighboring properties do not really object and also that the community
would not object to this proposal being completed. The property has sat vacant for quite a few years
and this would be a nice upgrade to the property to have it completed and used once again.
I would be happy to try to answer any questions from the board and I believe my client or his
project manager should be here to verify my testimony and I'm happy to redirect to any part
of the exhibits.
Why don't you bring
your client on, then we'll ask questions after that.
Dwayne, if you're here,
or Mr.
Saint, can you raise your hand virtually
to be identified?
He's coming back
in as a panelist.
good afternoon everyone my name is duane hi could you state your name and spell it for the
stenographer please my name is duane cherry jr it's spelled d-u-a-n-e c-h-e-r-r-y-j-r
do you swear or affirm to tell the truth the whole truth nothing but the truth
yes please proceed counsel thank you uh mr cherry did you see my presentation hear my
representation to the zoning board yes uh can you verify what i have represented is true and correct
and adopt it as your own testimony yes thank you um zen just before the questions come i'm
we have trash stored in rear yard for first floor trash stored on the balcony for the second floor
no household living in the basement and a certificate to be obtained yes okay please board
to be to be obtained yes okay please board questions yes i have a question uh about the
depth of the basement below grade just want to know how much what it is
two window wells on the room that's labeled um office den so just wanted to also understand
and what the planned use for the basement was.
Dwayne, it's my understanding
that you might be using that space.
Can you explain to the board what your intent is with that?
So the area on the first floor near the kitchen area
is not really like super, super large
considering it's also a kitchen area for myself.
So the living area downstairs was probably just going to be
like my area to kind of just chill and hang out as like a living room or screening room i guess
you can say and then i'm 28 and i work out so i was planning on make it into like a gym so that
was pretty much my plans now the the basement is pretty much completely below grade correct
how much of it is above ground for the basement um i'm not 100 sure that would be a probably a
question for my uh um so from from the uh from the photograph uh there the basement is mostly
below grade i think i believe there might be two two one or two feet above ground uh let me put
the exhibit back up with the photograph that might better show what we're and then it's the
basement the plan is to fully finish the basement the plan is to yes and then but there was no
bathroom in the basement correct it's just the the den and then the family room correct on the
plants yes okay and then i know we said we're using the existing walls and the foundations but
this is a existing property is it it was is the rear wall still attached to the building
uh the rear wall definitely needs some work uh okay it's it was uh partially collapsing
during the there we go okay that answers my questions okay any other questions
questions more attorney not at this time mr chair questions or comments from the virtual audience
Mr. Chair, this is Jason Hand. I have a hand up from Amrinder Singh.
They better not speak.
Hi, could you please state your name and spell for the stenographer.
hi my name is uh amirinder singh a-m-r-i-n-d-e-r last name is singh s-i-n-g-h do you swear or affirm
to tell the truth the whole truth and nothing but the truth sir i do sir are you a neighbor
no i'm a general contractor and a project manager uh involved this project you're involved in this
project yes okay yeah mr saying is there something you wish to add to i think we've already told the
board pretty much the um complete project here so yes i i raised my hand way before so i'm sorry i
i you know like when yep so okay so so we're fine thank you thank you uh anyone else in the virtual
audience planning commission hold on sir mr chairway about bonita cummings she's been allowed
to speak susan cummings hi um good as cummings could you please state your name is spelled for
the stenographer good afternoon chairman and board members my name is bonita cummings it's b as in
boy, O-N-I-T-A, Cummings, C-U-M-M-I-N-G-S, Strawberry Mansion Community Concern.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
I just wanted to just indicate that I think we met on, I think it was March the 3rd.
Yeah, March the 3rd, and there were, as the summary indicates, three ROCO board committee members in attendance with this meeting because I'm not doing this zoning alone.
So I just wanted to emphasize that.
Also, we just wanted to make sure in terms of the provisos, the certificate of occupancy, and we did want to stress.
The provisos, the certificate of occupancy. And we did want to stress that there were, for your review, photographs that show what we're experiencing, not only for proposed development, but many of the developments that have already been completed, the filling up of those window wells with trash.
So we've been cleaning them out ourselves from properties that are even abandoned from new development and, you know, so even, you know, closing them over is what we're starting to also see.
It really just affects further affects light and airflow.
So, you know, we would like them to do a better window just to do a window is no basement living, according to their information.
So you don't really need a window well. So just a better window, probably promoting more light and more airflow would be a better, a better design for that particular portion of the.
So, Ms. Cummings, thank you very much. We appreciate your input. Anyone else in the virtual audience?
There's no further answer, Mr. Chair.
Okay. Planning Commission.
Hi, Meg Kavanaugh for Planning Commission staff, M-E-G-C-A-V-A-N-A-G-H.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
The community was remapped from RM1 multifamily residential to RSA5 single-family residential in 2014, as recommended by the Lower North District Plan.
This block is primarily single-family.
There is no unique physical condition or circumstance of this property that prevents it from being used in strict conformance with the zoning code.
The City Planning Commission recommends that the board deny the requested use variants for two-family household living.
Thank you.
Just as a matter for the board, there is a permit on file for 2012 when the prior owner of my client's grandmother filed for the duplex.
If the board wants to see it, it is available as public record.
And what I want to do with this, I'm going to talk to the board about this next Wednesday, and we'll vote at 2 o'clock.
OK. OK. So thank you for your your presentation.
Thank you. So number two, MI 2024, 004-944-2823 to 25 West Somerset Street.
Brittany Gardner is the attorney for the owners.
There's a letter of support with a proviso from Swamp Poodle Neighbors.
counsel the chair devon ukta has been promoted to panelists for this matter
uh good morning chair um thank god it's nighttime devon i'm gonna tell you right now
if i had to start over again it'd be a little problem just for the record could you stay your
name is spelt for the stenographer? Yeah, Devin Okda. Last name is
U-Q-D-A-H. Do you swear or affirm to tell the
truth, the whole truth, nothing but the truth? Yes, sure.
Could you identify your client, the relationship to this property?
Yes. The client's name is Egypt,
Ms. Egypt Bates. Okay. And our vice chair has just
a few questions.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal or stipulate to its accuracy?
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, with the exception of the expert clearer picture of the postage on the property, which I have my exhibit, but I will re-upload it.
Excuse me, Mr. Ecta, I just did have a couple of questions because the solicited attorney on this case is Brittany Gardner.
Are you filling in for her?
Yeah, she had a medical emergency, so she asked me to fill in for her today.
So I'm just filling in for her.
Yes, and the posting that we, when we looked at the, when we looked at the exhibit packet, we couldn't tell that the property was posted. So we did request an updated photo this afternoon. Do you have that with you to show us?
Okay. Thank you.
Thank you, council. Please proceed and share your screen.
it's coming up all right let me know when you can see can you see it yes it's up
okay all right um commissioner as i mentioned um taking over
Okay. All right. Commissioner, as I mentioned, taking over this case to just present the works of the council had a medical emergency. The address of this property is 2823-25 West Somerset Street. Here's a letter of refusal. The property is currently zoned as an RSA 5. The proposed use is an eating and drinking establishment takeout restaurant, which is prohibited in the residential district.
um here's the application for the appeal
and the project information form
as i mentioned the owner of the property is egypt bates
the mailings went out and here's proof of the mailings to the affected neighbors
and here is a deed to the property the property was from lauren stillis to lauren stillis and
egypt bates this property is a family property that's been in the family for
quite some time.
This is proof that the taxes are paid up to date.
And here's the floor plan. So I guess here I'll give some background about the property.
The property, as I mentioned, has been in the family for some time.
they operate a restaurant out of the side of the property it's like a takeout restaurant
that serves like um food pizza water ice things of that sort um they did not know that they so
the establishment had been there for some time um it's been like a staple of the community they did
not know that it was not zoned properly um so how the council got involved was that they found that
it was not zoned properly and immediately took action um there would be no construction to the
property um so currently the picture these are the floor pans um and the pictures that i'm going to
show are here's the property here and right over here where my mouse is circulating is um where
the food establishment is here's the inside of the food establishment again it's already been