Cedar Park neighbors, there was no opposition to this.
A copy of the notice with proof of mailing attached as well.
And counsel Gauthier has taken a position of non-opposition.
Also, there's the applicant provided a petition of support from 38 neighbors.
Mr. Bovee.
Good afternoon, Chairman.
Counsel, how are you?
Could you please state your name and spell for the court stenographer?
yes darwin okay vea uvaif council for advocate wing to llc and mr chairman if
just indulge me for 30 seconds i just want to uh earlier matter that we are both familiar with that
I want to apologize for, I guess, my overzealotiveness to you and to the remaining staff, as well
as the board council.
You never have to.
You're an attorney.
You're an advocate for your clients.
So why don't we?
I appreciate that.
But it was a little bit heated.
But with that said.
You still have to affirm to tell the truth that I swear you in?
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, and our Vice Chair has a few questions for you.
Please proceed, and our vice chair has a few questions for you.
Good afternoon, Counsel.
Do you agree to create another refusal or stipulate to attack this?
I've emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing.
I have.
Thank you, Counsel. Please proceed. You've already shared the screen.
Okay. Okay. Mr. Chairman, members of the board, my name is Darwood Bowie, and if we could identify Boyd Way in the order, if he can raise a virtual hand so he may have my testimony at the end of the presentation.
okay we'll get them for you yep okay so mr chairman members of the board i have submitted to
you 16 exhibits ranging from our refusal to the history of 5026 cdr avenue as well as photographs
property and identification of other properties in the neighborhood. Let's just start with the
So this project is for the erection of a two-story addition with two rear decks, part of an existing
semi-detect structure to be used as a household to family dwell.
Now, what's interesting with this project is that it already exists.
Darwin, we can't hear you.
Darwin, we can't hear you.
can you hear me yeah we hear you now sir all right
Tax clearance, I want to start with our D.
We start with, we're looking at Mr. Lloyd, at Mr. Wing, Wing 2, LLC, this is 2020,
term broke three prior to the excuse me um yeah yeah and i'm afraid our court reporter can't hear
you um um can you go go back out and come back in there seems to be some sort of connectivity issue
this is the reporter thank you
Thank you.
is that better it is we hear you now loud and clear great all right now let me share my screen
Thank you.
it's up yep
I I don't think you want this out I think there's some client bills here okay let me do that again
there we go so
there we go
can we see the d we do okay so
what i was stating before was that i submitted to the board two deeds one two from lloyd wing to
Wing 2 LLC, the second from Faux Property Management to Lloyd Wing. This is the prior
deed, and this is the deed in which the basis of our standing begins. Lloyd Wing, who is the
applicant, the managing member of Wing 2, created this LLC to support one of his daughters who's
on the spectrum. She's in her 20s, and they purchased a property for her to move in.
The property itself, it used to be a three-family dwelling that was approved in 1949.
If I could go to page 54.
this is the zoning history and it shows that this was a three-family dwelling
interestingly enough that this was granted by variants um during the application of of this
particular variance, they show that there was other apartments in the district, which I would
like the board to just take a moment and pocket that. What's also interesting is that the refusals
are the same, that it's for side yard as well as for the sanitation refusal, but that's for the
use because it's for three, it's for three units. As it stands, and if we can go to page 28.
As it stands, this is what the property looks like. It's a twin with three stories. It fits
the same character of, of the neighborhood. And this is the rear. The property has been abandoned
for several years. And my client bought it as is. There were studs still in there. I guess there was
a disgruntled investor who walked away from the building and it still has four meters and it was
only approved for three. Our application is to just reduce the number of units to two and to have
his daughter live in the first floor unit.
So here are the elevations.
There's no change to the design of the building
other than significant rehab.
So we're looking at the second floor
and the third floor plan,
looking at the first floor with the basement,
and clearly we're looking at an RS3
RSA 3 zoning classification, which is creating these refusals. One, we have a setback where
we're proposing five feet when it's eight feet and when it comes to the density. Now, we're asking
the board to grant our variance for several reasons. One, the building already exists.
We cannot, there's no way for us without demolishing a portion of the building to create
an eight-foot side yard. Second, the size of the lot is only 19 feet by 100. And because we are a
twin, we can't go across any more than what is already there. Now, we submit to the board that
there is no negative impact, and also when it comes to the density, because one, we're reducing
it from three, which was approved back in 1948, to only two, which should give some relief to
the density issues. And as you can see from the history, even back in 1948, there were claims that
there were other apartments in the district.
So, but let's look at page 102, which is Exhibit 16.
So we're looking at other units in the area, other properties that are also multifamily in this RSA 3 district.
We're looking at other units in the...
50-25, 50-21, 50-21, which is five family, and we also have 50-19, which is three family.
Now, given this, my client did walk the streets to seek support. He is also of the neighborhood, so he did issue, submit a petition for the board to review, which is page 69, our Exhibit 13.
There are three and a half pages of signatures. They total approximately 38 signatures. I say approximately because, as you can see in this last page, even he signed the petition himself.
Wow but with that said we did have a community meeting which my client did attend uh they they
supported the project as you could see the we mailed we did the proper mailing which we also
submitted to the board and with that I can show the board our better photos of the property
along with our posting.
So with that said,
I would like to send or identify Lloyd Wing.
Mr. Wing.
Lloyd has been allowed to speak.
Good afternoon, sir.
Could you please state your name and spell for the court sonographer?
Yes. Can you hear me?
I can. Yep.
Great. My name is Lloyd, L-L-O-Y-D, Wing, W-I-N-G, and I'm a junior.
Right. You swear or affirm to tell the truth, the whole truth, nothing but the truth, sir.
Yes, sir.
Please proceed, counsel.
Mr. Wing, did you hear everything that I said today before the board?
Yes, sir.
And would you adopt that as your testimony, as if you made those statements yourself?
Yes, sir.
Mr. Chairman, members of the board, that concludes my presentation.
Questions from the board?
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
John Levacar, Planning Commission.
The comprehensive plan recommends no change to the RSA-3 zoning at this site.
Due to the history of multifamily use, there is a hardship, and PCPC recommends granting the variance.
Thank you.
MI 2024-002-415-5026 Cedar Avenue.
I vote yes.
Ishmael Shaheed, my vote is yes.
Michael Johns, my vote is yes.
Canada Graham, my vote is yes.
Charlotte Gassman, my vote is yes.
Kaya Nguyen, my vote is yes.
James Snell, my vote is yes.
Thank you, Councilman.
Thank you, Mr. Chairman.
Number five, MI 2024-002-426-3849 North Broad Street. Lee Elsie is the attorney. There's a letter of support from Nicetown-Tioga Improvement Team with Proviso.
Good morning, good afternoon, counsel.
Good afternoon, Mr. Sheriff.
Could you state your name, please, and spell for the court stenographer?
Certainly. Lee Elsie, L-E-E-E-L-S-E-Y.
Right. You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in a relationship to this property?
Yes, my client is 3845 North Broad LLC. Representative Mr. Chadwick Smith is authorized to represent.
uh representative mr chadwick smith is authorized to represent and i believe is available for
comment on the uh webinar our vice chair has a few questions for you sir good afternoon council
do you agree to waive the reading of the refusal or stipulate to its accuracy i do have you emailed
in all the required documents and exhibits that is needed to proceed with this case five days in
advance of this hearing. I have emailed them in. I request that you grant leniency. The documents
were sent on Monday morning. Friday was a day where we had difficulty reaching server as well
as sending emails. All right. Thank you. Please proceed and share your screen.
Okay, thank you. You should be seeing our cover page now. This is 3849 North Broad Street.
This is an existing building that was built in 2021. At present, we are requesting a variance
purely for a change of use in a limited cellar part of the building. If you can see where this
red arrow is pointing. There's a cellar space in the front of the building that's located
essentially, you know, most of the way above ground, but it is four or five steps below ground.
Currently, there are six residential units in the building above that and behind that. None of those
are changing. The only thing we're requesting is to change what was essentially just a storage space
to a building services space for use by the owner of the building.
Let me jump to an aerial image.
So we're on North Broad Street.
We're north of Temple Hospital, south of Roosevelt Street,
between Pike Street and blanking on the name below us.
But you can see these three longer buildings that were all built in 2021.
We're only talking about the northernmost one, the one that that arrow was pointing to, existing photo of the building, and let me jump to the refusal.
So we are in an RM1 residential zoning district, as you're familiar with, residential multifamily is the primary use allowed.
we requested building services which it's a little bit it's one that doesn't come up as often
we think of it kind of like a office for maintenance and repair providers the owner
manages this property as well as several others and essentially they want to use this
as their base of operations, both to have sort of a bathroom, a small meeting space,
as well as storage for samples, extra doorknobs, ladders, things of that type.
The existing building, this is the stairway down into the space.
Everything here is fire rated and separated from the residence above it.
You can see into the space now. I mean, to a certain extent, some of that stuff is already kind of in here.
They're just looking to legalize and get a CO for that use in this space.
Within the space, this is fire rated ceiling. There are sprinklers. There are lights.
It's the electricity is separate from the residence. It has its own water.
Right now, there is no bathroom in there. But as part of this process, you know, the next step, assuming a variance is granted, would be to seek a certificate of occupancy through a building permit, which would include at the minimum a bathroom as well as whatever else LNI requires of the space.
uh these are this is the property to the left towards the right we're showing that um i don't
think it's a surprise to anyone that there's a significant amount of commercial and non-residential
activity on the ground floor of broad street further up uh there's a community center there
is a um a place that was a retail area that is now for rent as of actually i sorry i think this
is post-dated to 2023. At present, it is a retail building. And then further on, we have a church
and an affiliated charter school. I'm sorry, not affiliated, but a charter school. We've got
zoning posters. We apologize. We were unable to secure the orange notice within the time limits.
The orange notice within the time limits here is a deed for the property, the plans, I'll zoom in here.
Now, this is the approved original zoning plan that sought the six residential units.
And here I can show you. So there's no zoning plan associated with this submission.
It's just a change of use. But this was approved in 2019. And there's one, two, three residences in the back, one, two, three residences in the front. And this area where my cursor is moving is a existing cellar space separated essentially in a box here from the rest of the building. And that's the area that we're proposing to change the use.
and let me get to the building plan so we're essentially 750 square feet and during our
meeting with the the community we had a an occupancy takeoff we're assuming the maximum
sort of amount of people that l and i will allow in here is is four occupants at a time
We publicized for the meeting, provided the required mailing of 99 letters, included information to Nice Town Tioga, held a meeting at which there's quite a few community members.
Six were able to vote based on the RCO voting regulations.
All six of them voted yes.
They do propose some provisos here.
Some of these were discussed.