ZBA Hearing - December 11, 2024

concerned about safety at this point.

Okay.

Other questions

from the board?

Questions

from our attorney? No,

Chair. Questions or

comments from the virtual audience?

I see

no hands at this time, Chair.

Plany Commission? Thank you,

Chairman, and good morning, David Vecta with

the City Planning Commission. Chairman and

Board members, the comprehensive plan

recommends no change to the

rm1 residential multifamily zoning at this location um the dimensional variances for

occupied area and rear yard area are minor and in keeping with the purpose and spirit of the zoning

code the city planning commission recommends the board grant the proposed variance for a balcony

extending into the rear yard and grant the proposed dimensional variances for occupied area and rear

yard area. Mr. Cook, as we spoke earlier, we're going to hold the vote on this until we have the

revised plans. Thank you. I'm not sure of that, but if we have the revised plans by next Wednesday,

we'll vote next Wednesday at 9.30 a.m., okay? But everything else is closed on us other than

revised plans. Thank you so much, sir. Thank you, Mr. Cook. Yes.

Number eight, MI 2024-001-037, 4245 O Street.

Vern Anastasio is the attorney.

There's a letter of opposition from Juniata Park Civic Association.

there's also comments made relative to the rco the applicant also gave us i'm having some issues

with my volume please i noticed that sure go ahead can you hear it you can hear me i'm better

now right i talked about there is a letter of opposition from the rco um there's a lengthy

thing that apparently they wrote

and also there is

a petition in support

from 16, with 16

signatures on it. Just for the

record, could you please state your name and spell

for the stenographer?

It's Vern Anastasio, A-N-A-S-T-A-S-I-O

on behalf of

Elizabeth Cuevas

the RCO

Go ahead. Do you swear

or affirm to tell the truth, the whole truth and nothing

but the truth? I do.

Vice Chair?

has a few questions for you good morning council do you agree to wait to read another refusal or

stipulate to advance i do have you emailed in all the required documents and exhibits that's

needed and required to receive in this case five days in advance of this hearing yes i have thank

you council please proceed and share your screen thank you mr chair just for the record the rco

letter was a result of after two meetings um no one from the block attended none none of the

immediate neighbors attended the meeting that's when we went out went door to door up and down

the block and got the signatures of the 16 or so immediate neighbors who live on o street

42 45 0 is for the legalization of a two-family dwelling in an existing structure

as i said exhibit six uh that i move into uh evidence is a signed petition

of all immediate neighbors who live on Oath Street itself.

My client several years ago, during the height of the pandemic,

was diagnosed with cancer.

Her brother moved in to care for her.

Her brother moved in to care for her while she was fighting cancer, went through the chemotherapy treatment.

Wow.

In order to do that, they did build out the basement, which is a walkout sort of situation, into a separate unit for him to live and care for her.

And again, this was during the pandemic, 2020 and 2021.

Ever since, my client has lived in one unit, owner-occupied, and her brother lives in the other.

There's never been an intention to lease this unit out, and it is their intention to keep it family-occupied.

These are the photos.

I'll pull out of the plant a little bit here.

This is the first floor.

and the basement apartment.

Again, it's a complete walkout basement from the rear, 532 square feet.

There is ample trash storage and would have zero negative impact on the block or the immediate area,

which is demonstrated by the overwhelming support of people who live on the block.

there's the second floor by the way other bedrooms that are associated with the first floor

here's the rco notification that was mailed here are all the addresses was mailed to again

the meeting was very poorly attended 95 individual households were mailed which means

we have more than 10 percent

actually almost 15 percent of the impacted households who've signed that petition in support

here's the proof of posting

and the signatures that are moving into evidence along with the deed and other materials

mr chair because my client and her brother did this under mitigating circumstances during the

pandemic and as she struggles with her treatment and because they have no intention of leasing this

place out to anyone, but instead to keep it within the family. I'm requesting the granting

of this variance. With that, I'd like to have Elizabeth Cuevas raise her virtual.

Council, before we go to that, so in the letter from the RCO, right, they said the owner of the

property currently lives in Florida and a relative will be living in a space with a rental unit being

used and that at the meeting one of the residents of the block was present and stated so there was

somebody from the block at the i don't i don't recall there being anyone from the block in in

that meeting and my client lives in the building um yeah during the winter times during her recovery

when she could she would fly to florida but my client lives in the building and the other unit

it is for her brother. Okay, thank you. Yep. I don't remember anyone from the block being present.

You want to bring your client on? I did call her. Yep, Elizabeth Cuevas.

Elizabeth Cuevas has been allowed to speak. Good morning. Could you please state your name

and spell for the court stenographer? Elizabeth Cuevas, E-L-I-Z-A-V-E-T-H, Cueva, C-S-K-U-E-V-A-S.

Where or affirm to tell the truth, the whole truth, nothing but the truth?

Yes, sir. Please proceed, counsel. Thank you. Elizabeth, did you hear my presentation to the

board this morning? Yes. It's true and accurate to the best of your knowledge.

yes and do you adopt it as your own testimony yes this this property is for you and your brother

this this property is for you and your brother is that correct yes and it was built out well

is that correct yes

in the middle of the pandemic while you were undergoing chemotherapy treatment is that correct

yes okay and you personally went door to door on your block you and your brother went personally

on the getting the signatures of everyone who lives uh surrounding you is that correct yes sir

yes thank you i have nothing further questions from the board

what's the ceiling height in this uh

basement here just under eight feet okay

so this is of course of course everything would have to be pursuant to the building code as well

if we were to get either a permanent or temporary variance here.

And so this is the variance request is for a two-family?

That's correct.

Just to legalize the build-out of that basement, the walkout basement.

But they'd still be subject to the building code and the CO process after this.

To be clear, we're legalizing construction that was done without a permit.

prior that is completed that's correct during during the covet crisis still without a permit

they were issuing permits during the covet wasn't wasn't easy to do oh and and yes uh but yeah

everything that i've presented has been stipulated to and then i just want to clarify because i feel

like you you it was unclear to me when you were presenting so the brother is living in the the

rental unit or the brother staying with your client in her unit and then there's an additional

rental unit that's also being rented out no there's nothing being rented out nothing's being

rented i know the she lives in her home uh during the covet uh shut down in the year you know the

year that was covet or so uh she was diagnosed with and been treated for cancer he then can

And during that process, he converted that basement so that he could stay with her.

And that's where it is.

Are there any other multifamilies on the block?

Only on the corners.

It's pretty much a single family block, correct?

That's correct.

Again, overwhelming majority of those owners support this petition.

Thank you.

Other questions from the board?

questions from our attorney

not at this time Mr. Chair oh Hillary Emerson is back yes questions or comments from the

virtual audience I see no hands at this time chair planning commission thank you chairman

and good morning David Fecto with the city planning commission 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 2018 in accordance with a

community-supported map change. At that time, the zoning of this block face changed from RM-1

residential multifamily to RSA-5. The appellant requests two dwelling units while one is allowed.

This is a single family block face. There is no unique physical condition or circumstance of this property that would prevent it from being used in strict conformity with the zoning code. The City Planning Commission recommends that the board deny the requested use variance for two dwelling units.

Mr. Chair, if the board is so inclined, perhaps there could be some sort of owner occupied with proviso on the on the on the issuance of the permit so that he can remain there.

It would have been that owner occupied with one rental would have been legal under the previous classification of RM1.

so obviously it's going to be up to the board but i'm more inclined to make it a temporary

variance will expire in three years and to see how we stand with that very well mi 2024 001 037

4245 uh o street i vote yes temporary variance will expire 12 11 27. michael johnson my vote is

yes with proviso. Cheryl Gaston, my vote is yes

with proviso. Senator Graham, my vote is no.

Taya Nguyen, my vote is no.

Ish.

Ish?

Bill Reword, 3-2.

That is correct.

The appeal is granted with the provisional.

Thank you.

Thank you.

All right.

Number nine.

Thank you, counsel.

Number nine, MI 2024-001-174-1819, Natrona Street.

There's a letter of opposition from Strawberry Mansion Community Development, and also Council Member Young has a position of neutrality.

Chair, I'm going to recuse myself from this case.

Yes, thank you.

Mr. Toppin.

Mr. Chair, we now have a second counsel on this matter that entered their appearance this morning. Steve Masters, on behalf of Neighbors, I guess he can explain who his clients are. So now we have two counsel. Thank you.

So, Mr. Toppin, could you identify yourself, please?

Yes, Sherman Toppin, last name T-O-P-P-I-N, at 1800 JFK Boulevard, suite 300.

Do you require a firm to tell the truth, the whole truth, and nothing but the truth?

I do.

But you identify your client and the relationship to the property.

Yes, my client is Brian Watson.

Brian Watson, he is the sole member of the LLC, BJA, real estate LLC.

And he should be on the call.

I'm not sure exactly where he's calling from, but he should be on the call.

you stipulate to the reading of the refusal and agree with this accuracy i do mr masters please

good morning mr chair members of the board steve masters s-t-e-v-e m-a-s-t-e-r-s

or affirm to tell the truth the whole truth nothing but the truth

i do mr masters could you identify your client clients yes my clients um are the 1800 north

natrona street neighbors um and i know that uh the the leader of that um group um calvin williams

will be uh i will be presenting his testimony uh today and perhaps uh one or two other members of

the block. Thank you. Mr. Toppin, please start your presentation. Oh, could I, Mr. Chair, just before

Mr. Toppin starts, since I came on very late, I don't have a copy of the exhibit binder, and I

would appreciate receiving that from the staff at their earliest opportunity. And prior to logging

on, I did email that to you, Mr. Masters, so you should. Oh, great. Okay. But it'll be in front of

you as well. It'll be in front of you as well. Okay. So are you okay, Mr. Masters? You have?

Yes, I see it. Yes. All right. Perfect. Perfect. Perfect. So my screen is shared. And again, I have

the pleasure of representing Mr. Watson here in this property. Well, this is going to be an

interesting presentation because it really has brought to the attention a change in the nature

of the block. And I think the board will begin to hear that. We represent, we're representing today

1819 North and Trone Street, as you can see the picture in front of you. As I move down through my

typical exhibit binder, we're going to go over the statutory things, things like the refusal deed,

which we've already stipulated to, application, project information sheet, maps and photographs,

plans. But we'll be focusing our attention on what took place at the RCO meeting that is brought

together that has brought with us actually two letters from the rco one in support which was

which was issued on december the 6th with a positive vote an overwhelmingly positive vote

in behalf of our of our um application and we also have a retraction letter from the rco so

it's the interim between these two letters that i think we'll be centering some attention on

But getting right down to it, we'll walk through our packet here. We're seeking simply a two-family household living in this particular residence. Right now, it is zoned for a single family, and that is the only refusal we'll be addressing today.

And here we have the deed for BGA in our Exhibit 2, in our Exhibit 3, our Application for Appeal,

which echoes what we'll be talking about today, Project Information Sheet, which is required.

The Exhibit 4 is basically that Project Information Sheet.

Five gives you a center of the ZBA map concerning the block. Here we are. The block only has 28 houses that front on North Natrona Street. Here's a large church here at RM1. But of this 28 houses is where all of the attention will be focused, I guess, as we proceed.

5 gives you a center of the ZBA Map concerning the block. Here we are.

and the other affected areas in the street um find are either not facing the trona and

uh many of those folks did not attend the rco meaning as a result our property is right here