Have you emailed in all the required documents and exhibits that's needed and required to proceed with this case five days in advance of this hearing?
I believe my client actually directly submitted through the system ahead of time. Yes.
Thank you, counsel. Please proceed and share your screen.
Thank you.
I'm going to share with the board what I have as exhibits.
My apologies.
One second.
Take your time.
Can the board see my exhibit on their screen?
We can, sir.
Thank you.
So as a preliminary matter, we are aware, my client and I are both aware of the opposition
from the Homensburg Association, Upper Homensburg Association.
For today's purposes, what we're asking the board is we're withdrawing our request for
the proposed two-family dwelling.
There is a secondary refusal item, which is here on the refusal in front of you, and that
is a proposed stair from the ground to the rear deck, leading from the deck to the rear yard.
We're asking for the board's review of that particular refusal today, mainly for the purpose
of allowing my client to have easier access to the rear yard from the property. So this is the
property in question. This is the interior. The deck staircase in question is here.
My client will be making changes to the property to remove the second kitchen that was installed
to make sure that it complies with single family dwelling. However, the primary use of the property
would then primarily be above the basement level, which you see here in the photograph on the right
portion. And generally, they'll be coming out of the rear of the first floor to the deck.
He primarily wants the ability to still be able to access directly to the rear yard,
rather than having to come around the property to the basement level each time, and then having to
come out the rear door in the basement level. So for the purpose of today, that is the variance
that we're seeking before the board. The rear yard itself is completely fenced off with a legal fence.
And the stairway itself, its presence will not negatively impact the neighbors.
It is simply an access for the owner to be able to more easily access their own rear yard.
So we would ask the board's favorable consideration in that aspect of the refusal only.
Thank you.
I have additional exhibits.
Let me bring your client on.
Marlon Donnie, can you raise your hand virtually to be identified?
morning could you please state your name and spell for the stenographer
good morning my name is marlon donny valveris hernandez it's m-a-r-l-a-n-d-a-n-i
be like victor a-l-l-a-d-a-r-e-z-h-e-r-n-a-n-d-e-z
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Please proceed, counsel.
Thank you.
Manandani, did you see my presentation before the board and hear my representation?
Can you verify what I've represented to the board is true and correct and adopt it as your own testimony?
It is correct.
Thank you.
Questions from the board.
Questions from the board. Is the current deck, was that approved?
is the current
The deck itself is within code and it's not an item of refusal, so it is approved.
My question, there's no access to the rear yard from the basement level.
no there is there is an access there's an there's an existing door um that would access the rear
yard from the basement level however with the deck and the railing there um i can put up the
picture again you can see that it's it's a very low you know even though the overall height is
relatively high um the actual the actual railing for the deck makes it relatively low it's very
easy to hit your head actually coming out from the door walking past that area i see and where's
the do you have pictures of the door for the unfortunately i do not believe the door would
actually be right under so it's actually under this window i have plans here that should be
able to i wonder if the plans would have it i'm sorry i did not submit these exhibits so it's
little understood so the the door is actually on the on the plants i've seen before it's actually
right here under the deck okay so there is access to the rear yard from the property without having
to walk around well the interior was um the interior doesn't actually now have a stair
between the first floor and the basement level
because they're on the interior.
So they would actually have to walk outside,
come around into where the garage used to be,
and then access through to the back.
So because that was its own separate unit,
we're going to remove that as a unit
and use it as essentially storage and garage,
or at least storage.
The garage no longer exists,
But it would still be extremely inconvenient for the owner to come down through that floor-basement level to walk to the backyard.
And that's because of the conversion of the property without having permits initially, correct?
All right.
Were the RCOs able to hear the amended plan removed for the single family?
So the RCO, we actually explained to the RCO that, well, this was the original plan.
We explained to the RCO that what we're looking for was the deck rail stairs, as well as two family.
The RCO said that they're absolutely against the two family.
And also, they did not, we had a neighbor up here, but they did not specifically address the stair as much.
So no, the RCO did not get a separate meeting together for the deck, just the stairs.
They wanted to just make a decision on the overall proposal at the time that the meeting took place.
And also, we were not allowed to stay for the vote, so I'm not sure what the final discussion was at the RCO.
is the current plan the same plan that the rco saw or were there further revisions made after
that meeting no there was no revisions made after the meeting okay so this is exactly the same as
what the rco saw the difference is that you're now proposing that it not be a conversion to
to family, but you want to keep the deck and keep the storage dead.
Correct.
Other questions from the board?
Questions from our attorney, Ryan McSherry.
No, Mr. Chair.
Questions or comments from the virtual audience?
Yes, Chair.
I have been handed by the name of Shakira A.
They have been allowed to speak.
Good morning.
could you please state your name and spell for the court synopsis?
Hi, my name is Shakira
Avenue. My first name is
S-H-A-K-E-A-R-A
last name A, B as in
Boyd, N as in Nancy, E as in
Edward, why?
Where are firm to tell the truth, told truth,
nothing but the truth? Yes.
Are you a neighbor?
Yes. Please
proceed.
Please proceed.
I'm a neighbor at address 1836 North Neutrona Street.
Oh, no, this is, you have the wrong case. We're going to get to that a little bit later, okay?
Oh, no, this is you have the wrong case.
We're going to get to that a little bit later.
All right. Anyone from there in the virtual audience for 8638 Jackson Street?
I see no hands at this time, Chair.
Planning Commission.
Thank you, Chairman, and good morning, David Fecto, F-E-C-T-E-A-U, with the City Planning Commission.
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. Chairman and board members, the comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.
The city changed the zoning maps in this neighborhood in 1971.
At that time, the zoning of this property was zoned R-8, which became RM-1 residential multifamily, with the adoption of the new zoning code.
The proposed stair from the ground to the deck will not injure the use of adjacent property.
The City Planning Commission recommends that the board grant their proposed variants for exterior stairs leading to the deck.
Thank you.
Ryan, would this be, if I'm so inclined, a yes vote with a proviso, no two-family household living?
Yes, that would be appropriate, Mr. Chair.
So MI 2024, 004-768-8638 Jackson Street, I vote yes with proviso. No to family household living.
Michael John, my vote is yes with proviso.
Cheryl Gaston, my vote is no.
Tanetta Graham, my vote is yes with proviso.
Tywin, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Thank you.
Number one, MI-2023.
Excuse me, Chair.
If we can go back to the one with the interpreter, she is here.
Thank you very much.
That's number 13.
Good morning, interpreter.
Owner is Otabek Mohameddav, is the owner.
And our interpreter, please.
Nasibir has been promoted to penalist.
Morning, could you please state your name?
It's spelled for the court stenographer.
Of course.
My name is Nasibir.
N is in November.
A is in Apple.
S is in Sam
I is in Ice
B is in Boy
A is in Apple
My last name is
Abdullayva
A is in Apple
B is in Boy
D is in Diamond
U is in Umbrella
L is in Lion
L is in Lion
A is in Apple
E is in Elephant
V is in Victor
A is in Apple
You silently swear or affirm
that you will interpret accurately, completely, and impartially
from English to use it back
and from use it back to English
to the best of your ability.
Could you please call the owner
of the property for us?
It's Otabek Makamadov,
if I'm saying it right,
it's M-A-K-H-A-M-E-D-O-V.
Could you please call that owner?
Otabek Mohamedov.
Is this your name, Otabek?
He's here, but he's muted, I think.
He what?
Muted.
He's here.
He's amongst the two students.
Tell him on mute, please.
Yes, I'm here.
I'm sorry.
Thank you.
Could you have him state his name
and spell for the court stenographer, please?
My first name is Otabek, O-T-A-B-E-K.
My last name is Mahamedov, M-A-K-H-A-M-E-D-O-V.
Could you please tell him,