a change of use application no no no no i'm not adding parking that the uh the garage is basically
fault it's already almost down i'm just right taking the garage away the the parking spot is
just the one car garage and i'm keeping it as that i was just i'm sorry i might i might have
misinformed in that area but yeah but if you are if you are demolishing a structure you will need
a permit for that so just make sure you get a separate permit for that okay well I mean it's
definitely not necessary um it was just something I wanted to you know let the um other residents
know that I'm willing to uh do what is necessary to accommodate their needs as well uh but if
you know I can fix the garage up I don't have to tear it down it's not a necessity yeah it's
definitely not a necessity i can definitely just fix the roof on it yes i'm just letting you know
which is whatever you know whatever you you you plan to do like that you know if you are planning
to remove it and try more definitively create additional parking spaces that just does require
an additional permit so i just wanted to make sure you're aware okay thank you thank you i did
not know that thank you very much so questions from the uh virtual audience um yes mr chair i
I have a hand up from Vandellin Waring.
I have allowed them to speak at this time.
Hi, could you please state your name and spell for the court stenographer?
Vandellin Waring, are you still there?
Hands still up, Jase?
Hands still up, Jason.
Yeah, they've unmuted, but I don't know if they're not saying anything or if they can't
ask if the microphone isn't working.
Good morning.
Is there anyone else in the virtual audience?
um yes there's a hand up from a number ending in zero three three zero i haven't got them to
speak at this time sure thank you could you state your name please and spell for the court sonographer
star six to unmute
Good morning.
Excuse me, Mr. Chair.
Once again, star six to unmute individual at number 0330.
still nothing mr chair anyone else in the virtual audience
i missed a hand up from but there was a hand up from a number ending in two zero zero one but
they've put their hand okay their hand is back up i'm about to allow them to speak at this time
sure please i could you state your name please it's spelled for the court stenographer
james seiler j-a-m-e-s-s-i-l-e-r okay do you swear or affirm to tell the truth the whole truth
nothing but the truth yes are you a neighbor yes please proceed
uh i'm one of the neighbors who is in uh opposition okay adding more
are multi-units to the block okay um i have not received or heard of any um any any document
stating that it would be changed from a triplex to a duplex and i'm unaware of any any letter
okay um i would like to know when this was issued when it was circulated and and when it was
presented well the letter came from the cobs creek neighbors association and they they recommended to
the owner reducing it from 3
Do we have a date? I don't have
the date with me, sir.
Are you still against 2?
I don't want any more multi-units on the
block.
There are many numbers that agree.
I don't know how many can
make it on this call.
Thank you very much for taking the time to call in.
we'll take what you said under consideration is there anyone else in the virtual audience
um yes Mr. Chair in fact they had their hand up but they're um they put it down now so you
can now proceed please okay um planning commission thank you Chair Bergman and board members 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 nothing but the truth
yes sir i do proceed sir thank you sir um mr chairman and board members the comprehensive
plan recommends no change to the residential single family zoning at this location there is
no unique physical condition or circumstance of this property that would prevent it from being
used in conformance with the zoning code the city planning commission recommends the board deny the
proposed use variants for two dwelling units. Thank you. MI 2022 006 363 6229 Christian Street,
I vote yes with proviso. Maximum two dwelling units. Thomas Holloman, my vote is yes with
proviso. James Snell, my vote is yes with proviso. Ishmael Shahid, my vote is yes with proviso.
Thank you.
So one, two, three.
Number six, MI 2022 006 537 1028 Lindley Avenue.
Alan Nockmson is the attorney.
letter of support from
Logan Civic Association
I understand we also have a letter of
opposition that we received recently
yes Mr. Chair we received
Yes, Mr. Chair. We received a petition in opposition that was supplied to the RCO, that was supplied to the council office, and then our office this morning.
a petition in opposition
that was applied
All right. How many people were on that? Do you know, Hillary?
I did not get a chance to count, Mr. Chair. It was several pages, and there was various numbers of signatures on each page.
Mr. Nackamson, could you state your name, please, and spell for the court stenographer?
Yes, Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client and the relationship to the property?
Yes, my client is Earned Properties LLC, and in the virtual audience is its member, Angelo Adams.
All right. Our vice chair has just a few questions here.
Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that are required to proceed with this case five days in advance of this hearing?
Oh, yes, we have.
Thank you, Mr. Nackamson. Please proceed and share your screen.
okay mr chair i think while i was transitioning into the
as a panelist i heard something about there may have been another letter issued this morning or
a petition speak up a little bit we're losing you you're going like in and out a little bit
hold on i i heard when i was positioning in as a panelist i thought i heard something about
a petition or a letter right you're right warning yeah hillary received it this morning okay miss
emerson do you mind emailing it to me so then after the presentation i can review and then
respond to it yes absolutely we just received it this morning all right thank you all right
may i share my screen you can thank you all right so i'm here to present 1028 lindley avenue uh
we'll review first the notice of refusal then the letter of support from the logan civic association
we have our own petition where we canvass the neighborhood of nearby property owners and
occupants where we received several signatures and support excuse me support we're proposed
we originally were proposing to have three units in this rsa3 property which is almost 2500 square
foot lot. We originally were proposing three. The neighborhood wished for us to have two,
and that's why we received support. But it's not out of character to have multifamily dwellings
in this part of town, even with this type of zoning classification. And we're going to show
you that as well. We'll review the maps of the area, photographs of the property,
our plans and drawings, our meeting notice step for the last meeting that we had where we
compromised and reduced our unit count to two. So if this board is so inclined to grant our
variance request, we would say maximum two units, our deed to the property showing that earned
properties LLC is the owner of the property, our application for appeal that we filed on behalf of
Earned Properties, LLC, and a Certificate of Tax Clearance showing that my client's in good
standing with respect to this property as it pertains to real estate taxes. At the conclusion
of my presentation, I would ask that Mr. Adams virtually raise his hand. He's the principal
member of this corporate entity that owns the property. I ask that he would be sworn in,
and then we will ask him a few questions regarding my presentation.
So first things first, this is an RSA3 property. We were asking for three units. Just to let you
know, this property has been used for some time as multifamily. So it's configured this way as
three units. Again, as a compromise, my client is willing to go down to two units, which is in
character to the size of a lot of 2,500 square feet, as well as the surrounding properties,
which are also multifamily in nature. We have two refusals. The first has to do with the use,
which we originally were proposing three units, which we would ask the board to grant
our zoning appeal now for a maximum of two units. And then the parking spaces, where
technically under this zoning classification, three parking spaces are required, one per unit,
where zero is proposed we you know given the configuration of our lot it would make no sense
you know for us to create a curb cut and it would be virtually impossible for us to create a curb
cut where we where it would allow for three parking spaces or now two again it would also
where it would allow for three parking spaces or now two again it would also be out of character
because you if you looked at the neighborhood no one else who has multi-family use has this type
of parking as well we're also near uh public transportation both several bus lines as well
as a line i think the fern rock station as well for the subway we did receive a letter of support
at a well-attended meeting, 11 people supported this project. And then we actually canvassed the
neighborhood. So in addition to our property, 14 other properties nearby signed a petition in
support of our use. And this was originally for three units, where we're now reducing that unit
count to two for proposing. And then again, we did a canvassing of the neighborhood as well from
like what the use is. And there are 13 other properties in close proximity, which have a
history of multifamily use. And then maps of the area. So we're essentially at the corner
of Lindley and 11th Street and we're between Warnock and Marvin and as you can see we're not
that far off from the Broad Street line here and you know this additional density will hopefully
support that commercial corridor and then photographs of the property this is the front
of the property from Lindley again as you can see there's no way for us to create any off-street
parking. We're physically limited in that respect. And then this is the hearing notice poster for
today's hearing. And this is Lindley to the right of the property. And as you can see, there is no
curve cuts anywhere near here. This is Lindley to the left of the property. And these are our plans
and drawings. We're not making any changes to the physical nature of the building footprint itself.
In actuality, we were hoping to just reuse the three-unit configuration that currently exists,
but we understand that the community wanted less density, and we are agreeing to that.
But you can also see that we have enough ample space to store the garbage in the rear,
and we would also ask for proviso trash stored at the rear of the property.
But as you can see, there's two entrances for each—well, there's an entrance for each
unit. So it's not like we have one point of entry. So for unit number one, which is on the first
floor, which is a two bedroom, one bath, you come to the side area and you come in and that's the
first floor unit. Instead of going to the first floor unit, you want to go to the second floor
unit. Here's a separate entryway. Again, the way that this house is configured and has been
configured for some times. And you would come up to the second floor. Each unit has its own floor.
There's no basement living. There's no roof decks. There's a responsible trash storage and maintenance plan. Again, we met in May at 6.30 p.m. There were, I can't see, there's like 102 addresses that were notified of that meeting.
excuse me list of those addresses proof of mailing to those addresses
our deed to property showing that earned properties llc is the owner of the property
application for appeal that we filed on behalf of earned properties
and our certificate of tax credits with that being said i would ask that um
Mr. Adams virtually raise his hand.
I'm going to stop sharing my screen.
Is there three apartments there now?
There are three apartments there now.
And you're going to take that second floor and break it down to one?
Yeah, I think right now the second floor is two apartments,
and we're going to actually knock down the wall and make it into one apartment.
Okay, all right, good.
Thank you.
What's your client's name?
Okay, hi.
Hi, could you state your name, please, and spell for the court stenographer?
Yes, my name is Angelo Adams.
That's A-N-G-E-L-O.
Adams is spelled A-D-A-M-S.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Yes, Mr. Adams, you heard everything I had to state today about your zoning matter.
That is correct.
And is it true or correct what I stated?
yes it is and you docked my presentation um as your as the uh factual allegations as your own
yes i do questions from the board no mr chairman
No, Mr. Chairman.
Cheers.
Chair.
Questions or comments from the virtual audience?
Yes, sir.
I have a Sonia Garrett with her hand raised.
I have allowed them to speak at this time.
Could you state your name, please, and spell for the court stenographer?
Good morning.
My name is Sonia Garrett.
Hi, can you spell it, please, for the stenographer?
S-O-N-I-A.
The last name is Garrett, G-A-R-R-E-T-T.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Are you a neighbor?