the in the time that I had both of which party both party wall neighbors have signed this as well
So this is all just the ancillary stuff that is requested.
I did try and find, and I don't know what the letter of opposition says from my neighbor,
but I can speak to what was in the letter.
And her concern was the amount of sunlight that my addition would block.
And while we do live in a city with densely populated row homes, any height added to any building is going to create an effect for the buildings around it.
And I understand that. And my goal wasn't to use the full 38 feet that I by right could use and go front to back.
my goal was to just create something smaller that gave us more room with the added bonus room that
sits in the middle. So I just wanted to make sure that was noted as well. So that's what I have
today. All right. So questions from the board? No, Mr. Chairman. No, Chair.
no mr chairman thank you questions or comments from the virtual audience
i see a hand from a cara meadow okay
miss meadow can you unmute yourself yeah hi hi could you state your name please and spell for
the court reporter? Sure. My name is Kara Meadow, K-A-R-A-M-E-D-O-W. I'm the property owner at
1030 Fernon Street, which is directly behind 1029 Mountain Street. Do you swear a firm to tell the
truth, the whole truth, nothing but the truth? I do. Proceed. Hi. So as I mentioned, I am the
property owner directly behind 1029 Mountain Street. My husband, who is a co-owner of our
property is also on the phone. We did write a letter to the ZBA. We attended
the RCL meeting that 1029 Mountain Street presented at and we have some real
concerns about this project that are both personal in nature about the
relationship of this project to our property as well as the potential
relationship of this project to our property as well as the potential impacts this property will
impacts this property will have.
have on the neighborhood we believe that the proposed addition for this project is just
extremely out of scale in size relative to the vast majority of surrounding houses including our
own and that the requested variance is for height and to build both a third and a fourth story as
well as relief for the rear yard setback on a block where most of the homes are two stories
and the yards are already cramped is really not a hardship. As direct neighbors, we're concerned
about this project's pending approval and impact on our livability and property value.
We believe that the scale of this proposed addition will make our home's rear yard enclosed
with far less light and far less air. In addition to the fact that the rear yard,
the third and fourth story rather and the third story addition is going to exceed the rear yard
setback that's required so it's going to be it's the rear yard sorry the third story addition will
be even bigger than it should be in the back impacting our property um in the back um the
height of the addition will block light and air um we currently get access to incredible southern
sunlight it's one of the reasons we love our house this is going to be like a size a skyscraper in
our backyard given the fact that as Reagan showed the rear yards are just so small. And you can see
from the images this project is going to double the size of this house which given the scale of
the neighborhood we feel like it's going to put the property values just vastly out of scale to
everything else in the neighborhood. If you could go back to the elevation I don't know who's sharing
screen. And in general we're just concerned that the approval of this project is going to establish
a precedent for oversized row homes in a neighborhood that we cherish due to scale
and due to its affordability and we're just really concerned about getting price out of
our own neighborhood with a project like this and so we hope you take that into consideration.
Thank you for calling and thank you for your comments. Is there anyone else in the virtual audience?
i do no other hands chair no further hands planning commission
this is uh ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r
do you swear or affirm to tell the truth the whole truth nothing but the truth
I do. Proceed. This property is indicated for residential use on a city plan or adopted
district plan recommends no change to existing zoning at this location. The applicant's hardship
is not supported with evidence of unique physical circumstances or condition of the property that
would prevent it from being used in conformity with the code. Therefore, we recommend request
advantage not be granted. Thank you. MI 2022-005-694-1029 Mountain Street, I vote no.
I vote no. Thomas Holloman, my vote is no. James Snell, my vote is no. Ishmael Shahid, my vote is no.
Thank you.
Number four, MI 2022, 005-624-1950 South 15th Street, Sean Ward is the attorney, letter of support from East Point Breeze Neighbors.
Mr. Ward will be rejoining as a panelist, sir.
Hi, Mr. Ward.
Good afternoon, Mr. Chairman.
I apologize.
Yesterday, I should have expressed my condolences.
on the loss of your your colleague and uh i yeah my heart of hearts um i am uh you know
zoning and code council for fop5 and uh i uh i share your pain so uh again yeah yeah i got it
thank you um could you state your name please and spell for the court reporter
Yes, Sean, S-H-A-W-N, last name W-A-R-D, Esquire, attorney for applicant and owner.
Do you swear a firm to tell the truth, told the truth, nothing but the truth?
Could you identify your client in relationship to the property?
Yes, Mr. Chair, I represent Devis, J, I mean, G, capital G, small j, U-Z-I, G-J-U-Z-I, owner of the property.
Yes, Mr. Chair, I represent.
Our vice chair has just a few questions.
Yes, sir.
Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate to his accuracy?
I will waive or waive the reading of the refusal at any given time, Ishmael.
Thank you, Counselor. A little tongue-tied this afternoon.
That was a tongue twister.
Yes. Have you emailed all the required documents and exhibits to our offices five days in advance to this hearing?
Yes, I have.
Thank you. Please proceed and share your screen.
Okay. I believe my screen is shared. Mr. Chair, can we confirm?
It is.
Okay. Awesome. Again, I have submitted my typical exhibit packet.
I represent a Devish Josie doing business as AP Construction LLC at 1950 South 15th Street.
This is a permit for a food, beverage and grocery store at the first floor in the same building with the existing uses above.
It resulted in two refusals.
The use is not permitted in RSA 5, and this comes up every once in a while.
Multiple principal uses are not permitted in a district.
So in any event, we see two refuses variances for those.
As a matter of housekeeping, A2 is the application of appeal, A3.
the PIF project information form A4 proof of ownership and A5 tax clearance for the board's
information I provide a safe location map at A7 we have photographs of the posting the subject
property aerial and street views RA is as previously mentioned by the board a letter of
support from east point breeze neighbors if a letter has been submitted from the district
council person i would ask that that be marked as a nine i have not received one but and then
just uh a10 is our relevant zoning history just to go back from from 1963 up until 2014 it was a
retail butcher shop delicatessen grocery type use a11 is the zoning map and a12 is the aerial
photograph so uh not to belabor the point but to give you uh you know the overall comments
uh the former owner was joseph at toasty or toasty i i i you know i don't know how to pronounce that
name, but, uh, but he operated as a Joseph's meat market or Joe Joe's, uh, for many, many,
many years. Uh, my client bought the property from the estate. Uh, it is now an RSA two
residential district. Um, it was a retail grocery store with a two family dwelling above
for many, many, many years. Again, the zoning history indicates at least since 1963.
It was a retail butcher shop, deli, grocery kind of operation.
So why are we here today? Well, Mr. Toasty passed in 2009.
uh yeah yeah i imagine the family tried to let the business go on however they let their business
license expire in 2014 we acquired the property in 2021 and as such because no licenses or
operating permits have been on premises for a period in excess of three years
L&I deems this as a discontinued use.
There was no intentional discontinuance of the use, however.
In order to reinstitute and get a client or a tenant there, we do need a new zoning permit for that use.
With regard to the license history, I did a search, and again, there's food prep and serve, expired in 2014, scales and scanners, somewhere around 2012, and there was a dumpster license up until 2014 for this use.
With regard to the license history, I did a search.
So we're here today to seek the reestablishment or reinstitution of the use permit to permit this property to be used for what it has been historically used for.
So not to, again, belabor the point, we have the application of appeal, the transmittal letter, the deed.
Tax clearance showing that taxes were paid through 2022, 2023, and not due until the end of March.
Again, here is the site location map.
As you can see, this is just off Passionk Avenue on 15th and McKean.
And as you can see, the existing photograph still indicates that it's a, you know, it appears to be, you know, Joe Joe's or Joey Joe's market.
There's our application in the window.
Here's the side view.
You know, another shot from the corner.
uh we did meet with east point breeze neighbors uh they voted
uh you know in support of the application
with regard to the zoning uh history again it meets in delhi's uh you know i mean this
application was abandoned but it was filed uh well before most of us uh were involved in this
business but uh um yeah and you know and the history goes on and on 1963 may 15th 1963
uh you know for the board's edification i will turn 60 june 25th of this year uh so this
application predates you know my being on this uh god god forgive him planet so um the zoning
application or the map shows the property is surrounded by cmx it is a corner property
and typically they have been used for commercial purposes back in the day so
um i know uh hillary had asked me uh for some photographs you know as you know some of the
renovations are going on upstairs to make the uh residential units uh you know you know improved
um it is now a storage or staging area for such purposes but this is the first floor
there is that front door as we saw on the exterior photos uh you will see here uh you know here's
the door to the walk-in uh which is still on-premises and there is evidence of uh you know
still existing uh you know restaurant equipment uh on site so uh it is certainly you know it may
be suspended, but there was no intentional abandonment or discontinuance of the existing
use as a first floor commercial deli grocery type operation. With that, Mr. Chairman, I have nothing
else. I do have Devis, who should be with us online. If he can raise his virtual hand, which
would be found at the bottom of the screen there he is how to speak state your name please and
spell for the court reporter davis juzy d-e-v-i-s first name last name juzy g-j-u-z-i
do you swear a firm to tell the truth the whole truth and nothing but the truth
i do proceed counsel thank you chair uh davis you heard my representations
to the board today yes i did already true and correct to the best of your knowledge
information and belief yes and would you adopt them as your own testimony today yes i do
okay questions from the board board no mr chairman chairman
Okay. Questions from the Board? Board? No, Mr. Chairman. No, Chair. No, Chair.
Questions or comments from the virtual audience? I see no further hands, Mr. Chair.
Planning Commission? This is Ron Bednar, City Planning. While his property is currently indicated for incidental use on a city plan, given the physical circumstances of the site and its documented use history, we have no objection to the granting of the variance.
Thank you. MI-2022-005-624-1950 South 50th Street, I vote yes.
Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Thank you, Captain.
My vote is yes.
Thank you. Have a great day.
All right. Is there anyone in the virtual audience whose case has not been called on the 330 list?
Mr. Chair
I have a hand raised by
one Richard Van der Slees
I have a lot of people speak at this time
Mr. Chair I was just raising my hand
to support the previous application
Okay thank you
thank you very much
we appreciate it
is there anyone
else in the virtual audience
No sir no
we are through
my clock says, my watch says
like 4.13.
I think this might be a record.
Yes. I think this
might be a record and I
thank everyone
for your hard work today.
Good job.
Have a good night.
Have a good night.
Good night.
Thank you. Good night, everyone.
Careful.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.