were these issues that you bring up safety accessibility for the handicapped and Germantown
for instance always long to be more accessible to the community so we just want to thank them
and all the improvements that they're saying will also help the community because they've
never close their doors for any needs of meetings, gatherings, funerals, and tournaments that the
neighborhood needs. So I wanted to thank them and tell you that over 36 years of associating with
them, they need the improvement in order to allow the community to have access to more help. And we
know the neighbors have concerns too, and we agree that there are concerns. But I wanted to leave
with a note of they are always and any improvements they get will be passed on to my knowledge as
they've always done to the community. Thank you. Thank you very much for your phone call. Is there
anyone else in the virtual audience? I see no hands, Chair. Planning Commission. Thank you,
Mr. Chairman, and good afternoon. 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 please proceed thank you sir uh mr chairman and members of the board the
comprehensive plan recommends no change recommends i'm sorry a change in the zoning of this property
to special purpose institutional to match the historic use as a school campus the applicant
requests three variances and one special exception regarding the special exception the applicant has
shown that the proposed expansion of an educational facility will have no more of an impact than such
an expansion would be expected to have and the proposed special purpose zoning would allow the
use to expand without a special exception so the city planning commission recommends the board
grant the special exception regarding the variances for parking principal buildings on the lot and
maximum height the proposed special purpose district would eliminate the height limit
that exists in residential single family one as well as the prohibition for multiple buildings
on a lot and we thank the applicant for changing the traffic circulation pattern for the campus
uh for the campus to create what we believe is a more intuitive and safer traffic circulation plan
to create what we believe is a more intuitive and safer
safer.
under the special purpose institutional district the applicant would still not meet their off-street
parking requirements however the applicant has shown the additional parking spaces required by
the code would run counter to the safe operation of the campus and so the city planning commission
recommends that the board approve the variances for height multiple buildings on a lot and required
parking spaces mi 2022 005 147 23 west culture street i vote yes revised plans how many pages
hillary one page mr chair revised plans one page stamp izba january 18 2023
thomas holloman my vote is no
James Snell my vote is yes proviso
Ishmael Shaheed my vote is yes proviso thank you thank you council
number number three
Thank you, Chairman.
I'm sorry.
Thank you.
Thank you very much, Hug.
Thank you.
Number three, MI 2022-005-312-2609 East Tioga Street.
Henry Clinton is the attorney.
Letter of support from ProPAC, Fort Richmond, On Patrol, and Civic.
mr clinton is coming back in as a panelist thank you good afternoon mr chairman i'm mr clinton
harry could you state your name please and spell for the court reporter sure uh henry h-a-n-r-y
clinton c-l-i-n-c-o-n right do you swear or affirm to tell the truth the whole truth and nothing but
the truth i do um could you identify your client and their relationship to the property sure my
My client is Ralph Loiello, L-O-I-E-L-O, and he is on the call.
All right.
Our Vice Chair has a few questions.
Good afternoon, Counselor.
Do you agree to waive the reading of the refusal stipulate to his accuracy?
Have you emailed all of required exhibits and documents five days in advance to this
hearing?
Thank you.
Please proceed and share your screen.
So Jeremy can you see the screen is loading yeah it's still loading
we're up
is that visible mr chairman large enough yeah that's fine okay uh good afternoon mr chairman
members of the board i'm henry clinton here for the applicant uh the llc is way wiser llc but mr
loello is the principal owner and he's on the call so i'll work through the presentation package for
the board this is the table of contents concerning exhibits aa through a10 which i asked be admitted
into evidence appearance statement and this is the refusal uh so this is a lot line relocation
basically taking one large lot and subdividing it into two individual lots. On one lot will be a
single-family home, and on the other lot will remain an existing commercial garage, which is
used for vehicle repair and for maintenance. That's currently an allowed use, as the refusal
indicates, if personal vehicle repair and maintenance was previously approved by the board.
We have an RCO letter of support from ProPAC, Fort Richmond on patrol and civic.
They're in support of the project.
This is an aerial photograph to give the board some perspective on the block.
This is Toyota, Tioga Street, directly where my cursor is.
And the building we're talking about is currently three garages to the left of this property on the corner.
The two-story property on the corner is RSA, excuse me, is a single-family residence, as is the rest of the block is zoned RSA 5.
But as you can see, it is used as a commercial, so there's a number of pre-existing non-conforming uses.
The three garages are here. That's the subject parcel. It's going to be split into two.
The three garages are here. That's the subject parcel. It's going to be split into two.
This is a commercial space to the west as further west and on the corner is residential.
Directly across the street is a commercial enterprise across Tioga Street, that is.
And then to the east of the subject properties, there's additional commercial use and car repair establishments.
This is a closer view looking east. This is Almond Street in the forefront,
Tioga directly in front of us. The three garages are to the left and the commercial entity and
building is to the right as well as to the left. Closer view of the three garages. These two
garages will be demolished. This larger garage will remain. And then on the site of the two
garages that will be demolished will be the single family home the plans i think what i'll do is go
to the site plan first so the lot is a rather large lot it's about 49 feet wide
right there on the left hand side this so this is existing and then on the right hand side this is
the proposal. The home on the corner will remain. The smaller lot, which will be about 17 feet and
change, will still maintain with the garage on the front. As there is one right now, there's a
curb cut there and two curb cuts to the left. And then the other garage will remain on the other
parcel. This is a photograph of the property. So what the idea, the design intent was, is to
maintain uh the roof line of the house next door so it wouldn't overpower the corner step it back
the property on the third floor uh then have a nice detailed arch here with an entryway leading
into the living space in the rear uh and there's a there is a deck here on the front which has
resulted in another refusal floor plan will work from the top down this is a rooftop deck
just to the rear of the property not toward the front on the second floor there are two bedrooms
with two baths that's the third floor excuse me Mr. Chairman on the second floor another bath
bedroom with a full bath kitchen living area and dining area and on the first floor again there's
existing curb cut and a garage basically if you want to reuse that curb cut for the parking
and then there will be a bath, full bath, and kind of an office area in the back or living.
It's really not going to be a bedroom and there is no basement.
Again, I'll just show the board not to be too redundant, but basically one lot will be 31 and
a half feet. That will be the lot A, which is the vehicle repair. And then on the right-hand
side, as I said, the lot is 17 feet and chain 17 and a half feet. And that's where the single
family home will be. And there's a single family already on the corner? Correct.
So the rest of the documents, Mr. Chairman and members of the board, are the typical documents
you would see in a zoning presentation such as this, tax certification, notification to the
community, our application for appeal. And as you can see, I included a zoning map to show you that
it is zoned RSA 5, but it's commercial, half commercial and half residential on this block,
and then directly across the street is actually an industrial use.
so mr chairman that's pretty much a straightforward presentation uh again we're
is your client here henry can you raise your hand and be unmuted
sir please unmute yourself you're free to speak hi uh my name is ralph loiello uh it is r a l p h
l o i e l o right do you swear or affirm to tell the truth the whole truth nothing but the truth
i do proceed especially all were you on the uh the call when i made my presentation
i was and you saw the entire presentation i did and if you had the opportunity to testify
would you adopt my testimony as your own and as true and correct i would adopt your testimony
yes true and correct thank you very much questions from the board no mr chairman no mr chairman
No, Mr. Chairman.
No, Mr. Chairman.
No, Chair.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Chair Bergman.
David Fechtow with the City Planning Commission.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
The applicant is proposing to bring the proposed off-street parking closer into compliance with the code than currently exists.
However, the applicant has failed to show that a hardship exists requiring a variance from the required roof debt setback.
So the City Planning Commission recommends the Board grant the variance for accessory parking, but deny the variance for the roof deck provision.
Mr. Chairman, I can address that.
If you'd like.
The way that the house is constructed,
it was constructed to keep in mind
the elevation of the house to the east.
So we were trying to maintain the same roof line
and have the house step back.
And when you step the house back,
there's gonna be an entry area on the front
to come out to the roof deck.
And if you go back and you look at the aerial photograph,
Tioga Street is a very wide street at this point. There's no residential homes across
the street. It's a parking lot across the street with a large commercial building,
so we're really not impacting anyone's light or air or looking over into someone's rear alley
or the rear of their property. So because of that and unique circumstances we have with regard to
this block. I'm going to ask the board to move forward with the proposed variance. MI-2022-005-312-2609
East Tyoba Street. I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Ishmael Shahi, my vote is yes. Thank you, Council. Thank you, Mr. Chairman.
Number six, MI 2022-005-305-4631 Primrose Road.
Sean Ward is the attorney.
Letter of Opposition from East Targsdale Civic Association.
applicant provided petition and support signed by 22 neighbors from the 4600 block of Primrose
and the 9600 block of Tarsdale Avenue
good afternoon Mr. Chairman Sean Ward on behalf of the owner applicant Eric
that's K-I-T-E you've already been sworn you've identified your client
Mr. Shahid has a few questions for you.
Good afternoon, Mr. Ward.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I agree to waive the reading of the refusal.
However, I have issues with two of the refusals.
I believe they were issued in error as these are non-conforming pre-existing lots.
We'll go over them in a moment.
have you emailed all the exhibits and documents that were required to
proceed with this case today within five days of this hearing yes i did all right thank you
please proceed and share your screen very good okay sure
all right can we confirm that everybody can see my uh we can awesome thank you
you went wait a minute you just went dark
you're dark hold on
there you go you're back i'm back okay it's on i'm working with two screens that's why so okay
uh mr chairman i've submitted my typical exhibit packet on behalf of uh eric kite the owner and
applicant for the property located at 4631 Primrose Road at calendar number MI-2022-005305.
Pardon me. A1 is the notice of refusal. This is a permit for a permitted use for the erection of a
new two-story detached single-family dwelling with a cellar, interior garage, in-ground pool,
and cabana, and a proposed six-foot fence. It resulted in four refusals. One is the fence four
feet high is permitted versus six feet proposed the original application called for a a solid
vinyl fence pursuant to an agreement reached by mr kite with the adjoining property owners
He has agreed to request a ornamental fence six feet high as opposed to a solid white vinyl, as there are basically no solid white vinyl fences in this particular neighborhood.
he has agreed to request
The front setback, 30 feet is required, whereas 20 is proposed.
The lot width, 75 is required, but 69.4 is existing, as well as the lot area, 10,000 is required versus 7,754 existing.
We submit that these are existing non-conforming lots, and their refusals for those two were issued in error, as this property was subdivided in 1961, two years before I was born.
So accordingly, we seek two-dimensional variances, one for the front yard setback and one for the height of the fence along the side of the property.
A2 is the Zoning Application of Appeal, A3, Project Information Form.
A4 is proof of ownership, a copy of Eric's deed, having purchased the property in November of 2022.
A4.1 is an OPA block search to establish that these properties were subdivided, have their own OPA details and account numbers.
So A4.2 is the OPA detail for 4627 Primrose.
OPA account number 6521-82900.
and A4.3 is the open detail for the subject property of 4631 Primrose Road account number
6521-8300. A5 is proof of tax clearance. A6 is the zoning site and elevation plans that accompany
the application. A7 are development plans for the property that have just since been developed.
They don't change any of the size or dimensions of the property. That's just more detail for
building permit purposes and approvals. A8 are photographs to posting, subject property, aerial
views, street views. A9 is the RCO letter from East Tarsdale expressing opposition to this
application. I'll go through that letter. I did prepare a rebuttal letter, which I submitted to
the board last week to counter the suggestions made by East Tarsdale and the neighbors present.
A11 is a petition of support personally circulated by Mr. Kite amongst his near neighbors.