Some of these weren't discussed.
The only thing I would say is they provided this limit access to four employees.
I think that was the number that we raised because that was what we were sort of expecting to get there.
and they say you know no hazardous items they're a little bit concerned that there could be
hazardous chemicals in the building I would say to that is that we have no intention of
storing any you know large amounts of hazardous items in that space or sorry the owner does not
and any sort of you know we'll go through the process with LNI regarding the certificate of
occupancy and the inspections that the actual hazard group is a hazardous items themselves
require a whole different level of building occupancy and requirements than what we're
planning to seek. This is, which will be essentially a sort of office business type
space with storage in it. We've included a few zoning precedents. This is, I think,
four house four four buildings over at 3843 which was a daycare and meeting center on the ground
floor um which is the previous zoning variance there's also a previous zoning variance just a
few more doors down at 3839 for a beauty salon uh on the ground floor was with residential above
uh we've included our project information as well as a tax clearance um at this time
i would like to request the admission of mr chadwick smith
mr smith
they have been allowed to speak sir could you please state your name and spell for the stenographer
Chadwick Smith, C-H-A-D-W-I-C-K-S-M-I-T-H.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you. Mr. Smith, were you present and were you able to observe and hear my presentation?
Are you willing to adopt it as true and accurate to the best of your knowledge?
Yes. Thank you. Questions from the board.
I have a question. So is this the space where the tenants can come and confer with the management? And if so, what would the hours be for that?
So this is a space that certainly, and I'll let Mr. Smith address it in more particulars, as we discussed with the community, this is a space where they will be able to drop off rent checks and where they will be able to notify the management.
I can't speak to what the regularity of it would be, I would assume, probably during business hours with some likely times when no one's present.
mr smith would you like to elaborate upon that yes that's accurate we would we would interact
mr smith would you like to elaborate upon that yes that's accurate
with the community and hours would probably range from eight to six and sundays on weekends to
times on weekends thank you the questions from the board oh i did um so building services what
What is the zoning for this area? Is it residential zoning?
This is RM1 residential, which does not allow retail or commercial uses by right.
It is a little bit of an odd block.
I could pull up the zoning if the board would like that.
Primarily, Broad Street is CMX 3.
Across the street, CMX 2.5.
But north of it is similar zoning that all sort of allows or actually requires ground floor commercial or non-residential.
This is sort of an odd block in that there isn't a uniform commercial component to it, although there's certainly plenty of commercial on this block.
And definitely across the street is it a Pet Boys or something like that, Mr. Smith?
Something like that.
And along this side where this is located, are there any other commercial uses along that block?
Yes, there are.
Yes, so this is the building.
So, you know, one, two, three, four down.
Well, actually, three down has a zoning history as a daycare and community center.
Four down, I believe, is a sort of a religious type use.
And five down currently is a retail clothing sales.
And so what I saw in there, it looked like there was drywall and something else in there.
Is that what I was seeing?
So right now, essentially, it is what would happen pending the granting of a variance, I'm sorry, let me, would be a building permit.
And that would include whatever is required for the code occupation of this building by this type of business, which is it already has a two hour.
I'm sorry, I'm not sure what the rating is.
I think it's a one-hour fire separation from the unit above, complete with sprinklers and separate metered lights, and it has a fire separation from the hallway with a rated door, and it will include, at the very minimum, a bathroom, as well as whatever else is required through the plan review process with L&I.
and the plan uses for basically storage of building materials and supplies correct yes so
it's it's the the the i can read the definition it says uses that provide maintenance and repair
services for all structural and mechanical elements of structures as well as the exterior
spaces of a premise it lists some typical uses which are sort of janitorial window cleaning
plumbing things along those lines and this would be for what this would be property maintenance is
the the business that's looking to use this property maintenance of this building or this
building as well as other buildings so it will be essentially a business operated by the owner of
this building. Okay. And how is these materials and supplies supposed to be delivered? And
what kind of, will there be truck parking and what have you to transport these materials
to from so I'll let Mr. Smith elaborate upon that we had we had this we certainly had this
discussion with the community and it's not the intention to you know bring in a hundred windows
or massive quantities of drywall or that sort of thing it's more like
samples of material types for selection, the extra screens, sort of the odds and ends,
ladders, tools, things along those lines.
That's correct.
No large deliveries would be planned for this location.
No large deliveries would be planned for this location.
It is, just to point out, it is 750 square feet.
It's roughly 11 feet by 68 or by 69 feet.
So it's not a space that is sort of conducive to the storage of large amounts of materials,
especially once it has a bathroom and a sort of small sort of meeting desk area
that will also need to be in there and are you planning any kind of signage or anything like that
uh there is no signage on this application um
mr smith are you planning to apply for any signage in the future
uh we haven't had that in our plans no
thank you any other questions from the board questions or comments from our attorney hillary
members not at this time mr sheriff questions or comments from the virtual audience
i see no hands planning commission
john lavacar planning commission the comprehensive plan recommends changing the zoning at this site
from RM1 to RM4. The proposed use would support the dwelling units and would not have inverse
impacts. Therefore, there is a hardship, and PCPC recommends granting the variance.
MI 2024-002-426-3849 North Broad Street, I vote yes with proviso. No storage of hazardous materials.
my vote is yes
with Proviso
Michael Jones
my vote is
yes with Proviso
Teneda Graham
my vote is
yes with Proviso
Joe Gaston
my vote is
my vote is
yes with
Proviso
James Snell
my vote is
yes with
Proviso
thank you
thank you
council
number seven
MI 2024
6150 Lancaster Avenue
David Meidel is the attorney
Letter of
unanimous support
from Overbook West Neighbors, Inc.
Chair, we have Henry Clinton
with their hand up.
What's that?
We have Henry Clinton with their hand raised.
Okay, Mr. Clinton.
Mr. Chairman, I'm not counsel on this case.
I inadvertently hit it because I heard 67,
and that's the first two numbers in the case I have later.
No, I'm sorry about that.
David Meidel, MITA.
He's there, Mr. Chair.
Sorry to see Daniel Meidel.
Thank you.
hi counsel how are you sir
could you unmute
did he disappear
no chair he's still there but he's just
unmuted
Mr. Meidel could you unmute your phone
your speaker
Mr. Maito, it seems that we cannot hear you. Do you mind coming out and coming back in?
Chair, we also have a John Donatino with their hand raised.
Should I allow them to speak?
Let's see if Mr. Meidel's there.
Mr. Meidel?
john you have to unmute it please speak mr meidel
daniel meidel i believe mr diantino is here regarding a case on the 330 list okay
OK. Mr. Meidel. Why don't we do this? Why don't we come back and call him later? Let's move on to the next one.
So number eight, MI 2024 002 470 855 North 16th Street.
Michael McElhenney is the attorney. There's a recommendation of support from the United
Francisville Civic Association. Vote was 11 in support, 1 opposed.
Afternoon. Hi, counsel. Could you state your name and spell please for the court sonographer?
Michael McElhenney, M-C-I-L-H-I-N-N-E-Y.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client, a relationship to the property?
My client is 2, LLC.
Its member is Nathaniel Mahone, and the LLC is the owner.
All right, my share has a few questions for you, sir.
Good afternoon, counsel.
Do you agree to weigh the reason of the refusal or stipulate to its accuracy?
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.
Thank you, counsel. Please proceed and share your screen.
Thank you. I'm putting our exhibit packet on the screen.
I know the board's behind schedule, so I will move through this quickly.
Just for the record, our zoning appeal is at Exhibit 11.
Exhibit 12 is our zoning poster posted at the front of the property on 16th Street and on the
side of the property on Harmer. Our RCO notice is at Exhibit 13. We did meet with United
Francisville on June 12th and do have a letter of support. My client's deed is at Exhibit 14.
My clients, Nathaniel Mahone and his wife, Tamika, they've owned this property for over 20 years at
this point, and they recently, in 2017, put it into an LLC that they control. The tax clearance
showing a zero balance is at Exhibit 15. And the RCO letter is at Exhibit 1. There were 12 attendees,
11 in support, one opposed. Exhibit 2 is our refusal. So our application here is to have
three dwelling units in the existing structure. The property zoned RM1, which allows multifamily
But as noted on the refusal, you need 1,080 square feet of land to have three units.
We have 1059, so we're 21 square feet short, which is about, we're off by about 1.9% of
a buy right third unit.
I will jump quickly to exhibit nine in our packet, which is my client's current zoning
permit.
Back in 2018, we got approved for a vacant ground floor commercial space and two residential
dwellings on the second and third floor.
and my client has proceeded to renovate the property
according to that permit
and has been unable to rent the commercial space
which brings us back to our request today
to rather than have commercial on the ground floor
to change that into a third residential dwelling unit.
Exhibit three are maps of the subject property.
The property's on the southeast corner
of North 16th Street at Harmer,
Poplar to the north
and the Ridge Ave commercial corridor
is a block away to the south.
The property and its surroundings are all zoned RM1.
There's two CMX1 properties.