the comprehensive plan recommends no change to the special purpose institutional zoning at this
location the appellant has demonstrated that the underlying zoning of these properties none of
which are part of the associated institutional master plan is appropriate to the character and
physical circumstances of this fully residential block therefore the city planning commission
recommends the board grant the requested variances for occupied lot area and multi-family residential
use okay i'm going to put all of these together uh number seven m i that
Okay, I'm going to vote all of these together. Number seven, MI-2024-0098, excuse me,
006-899, 2045, North Carlisle Street. Number eight, MI-2024-006900, 2016, North Carlisle
Street, MI-2024-006902, 2022, North Carlisle Street, number 12, MI-2024-006917, 2037, North
Carlisle Street, and number 13, MI-2024-006919, 2040, North Carlisle Street.
my vote is yes
with a proviso
storage
there was different
between the floors if I recall
correctly that was proposed but a commercial
trash pickup was requested
commercial trash pickup
and we include no household living in the
basement
and no household living in the basement
Michael John, I vote yes with provisor.
Cheryl Gaston, I voted yes with provisor.
Tanetta Graham, my vote is yes with provisor.
Thank you.
Excuse me.
Can we need to re-vote that?
Because if you're voting for all five, you need to say yes to all.
I'm sorry about that.
Do you want to run all the addresses again?
No, we can just re-vote all of what we just re-voted.
yes. My vote is yes to all five
with proviso.
basement living as well as
the trash storage pickup.
Yeah, it's no household living in the basement
and commercial trash pickup. Yes.
John, my vote is yes
with proviso. To all
with proviso. Thank you.
Cheryl Gaston, my vote is yes
to all with proviso.
Sonetta Graham, my vote is yes to all
with proviso. Thank you.
Have a great night.
Number 10, MI-2024-006-905, 512 East Cabot Street.
Cabot Street.
Erica Miller?
They're coming back in this panel, sir.
Good afternoon, Mr. Chairman and Board. Erica Miller with Obermeyer.
Good afternoon. Can you spell your name for the court's sonographer, please?
Erica, E-R-I-K-A, Miller, M-I-L-L-E-R.
Swear to tell the truth, the whole truth, and nothing but the truth.
Can you please identify your client?
Yeah, so I'm here for 512 East Cabot Street.
My client is Marianne Tempone, and Justin cites they are the owners of the property.
Okay. My board member, Mrs. Graham, had additional questions for you.
Good afternoon. Have you emailed all the required documents
and exhibits needed to proceed with this case five days prior to this hearing?
I have. Okay. And do you agree to waive the reading of the refusal
and stipulate to its accuracy? Yes. Okay. Thank you.
You may proceed.
All right.
Are you able to see my screen? Yes. That is the schedule. Okay. I did request to present both my cases this afternoon consecutively for 512 and East Cabot. So I'm not sure if that was granted by the board, but just as a forewarning for when I do get to 514 East Cabot, they are substantially similar.
similar so and in terms i know that this meeting is running a little bit late so in terms of
process i'm happy to kind of breeze right through but right so 512 east cabot um like i mentioned
the owners are marion tampon and justin sites we are seeking front a compact front yard parking
space for their property this is in a rsa 5 zoning district which does not permit front yard parking
As you can see, we have the refusal here that says just that, as well as the refusal for prohibiting front-yard parking in the front-yard setback.
As I mentioned, it's in the RSA 5 zoning district.
You can see here that we are abutting the rear properties.
Counsel, I have one question.
I didn't mean to interrupt, but are you talking about both properties right now or just 512?
512. I'm just talking about 512. I'm happy, and that's kind of what I wanted to do consecutively
I'm just talking about 512.
I just want to keep on.
I'm happy.
so that I could, I didn't have to repeat, but it's up to you guys. Right now, it's just 512.
Ms. Miller, we will go to 514 right after this, and to the extent applicable, you can incorporate
your testimony from this matter into that matter as well. I would love to, yes, and my clients for
that are Timothy Scales and Alexandra I always mispronounce her name and they
should hopefully all four of my clients are on the call so we can have them
adopt my testimony later but for now 512 is that is that okay I'll keep going
yes okay so right like right I mentioned 512 is right here it's about see the
rear yards of all these properties on Palmer this is another view of the
property this property suffered a fire that there was a row of four properties
here my clients are at the end here 512 at the very end a property this property
suffered a severe fire that caused demolition of all four properties you
can see that the properties were demolished here here are the photos
before the fire of what the properties looked like from the other angle this is
night of the fire the demolition from the fire and then this is the rebuild as you can see in the
initial photograph looking towards palmer the next yard the next door neighbor is set back
quite a way so when they rebuilt they rebuilt in alignment with that
neighbor so as you can see all four properties are now in alignment
properties 516 and 518 East Cabot were recently granted front yard parking
substantially similar to this these applications here and very similar
application and similar properties here are the plans you can see this was the
lot when it was cleared after the fire and then here are the general specs for
the parking. We are requesting compact parking. It should be noted that on the side of the
street of Cabot where my client has their property, there is no street parking. So if
this board were to grant this application, it would not take away any street parking
spaces because there is none permitted on their side of the street. You can see that
exemplified here where it says existing parking and then the turning into my client's property.
This is a letter in support from the RCO. They supported both properties for their front yard parking.
This front yard parking is very, very common on this street.
This is just the block of East Cabot from Palmer to Montgomery and as you can see there are 14 off street parking spaces.
the ones directly next to our property including 516 and 518 that this board
granted in 2024 all have front yard front yard parking some of these on the
other side are garage parking nonetheless it is very common in this
area again these two properties have front yard parking now I have more
photos later that I can exemplify these are the properties next door this was
during the reconstruction of the fire after the fire so you can see the blue
other nearby front yard parking streets department has approved a curb cut for
the parking in front and no issues were presented there so remember my own law I
won't bore you with that and but I'm happy to go into our legal argument as
well besides what I've already presented. The application, the PIF, we notified our neighbors
and posted the property. And actually on these postings you can see the front yard a little bit
better. I think these two really show. So these two properties were recently permitted or recently
granted variances for this same request this is 512 and the next was 514 this is
the tax clearance for 512 and the deed as well so that's our presentation I'd
love for if my clients Marianne tampon and Justin are still on I'd love them
to be granted permission to adopt my testimony or can we promote the client please
please
justin teats will be coming back in as a panel shortly thank you
at the moment you state your name and spell it for the personographer
there he had done
dustin sites is on as well
j-u-s-t-i-n-s-e-i-t-z
you swear to tell the truth the whole truth and nothing but the truth
i do please proceed council
Hi, Justin. Were you present for my presentation that I showed just now?
I was, yes.
And would you accept and adopt that testimony as your own?
Yes, I would.
Is there anything that you'd like to add that I might have missed?
No, no, I think you covered it.
Okay, great. I will open up my client and myself to questions from the board.
Thank you. Questions from the board?
questions from our attorney hillary emerson not at this time mr chair questions from the audience
questions from the virtual audience i have a hand up sir from uh robert everett i've allowed them
to speak. Mr. Everett, good afternoon. Mr. Everett, are you there? Mr. Everett, are you
still present? Is anyone else out there in the virtual audience?
All the hands raised, Mr. Chair.
For the record, Mr. Everett is the RCO lead. And I would guess that he would be
saying that he's in support as the letter indicates.
Yes, I figured that. See, just trying to give him a second. Can't get in. We'll go ahead and move on to the Planning Commission.
thank you chair michael gall with the city planning commission the comprehensive plan
recommends no change to the residential single family zoning at this location there is no unique
physical condition of this property that would prevent it from being used in strict conformance
with the zoning code the city planning commission recommends that the board deny the proposed use
variance for an accessory off street parking space excess from a primary street we would also note
for the board that if a space is approved there is no mechanism that the city has which can limit
the owner to only parking a compact vehicle in this location okay so we're going to actually
take this one back to executive session we'll be meeting on this and we'll vote on it next week at
two o'clock thank you council while we have you we're going to just jump we got one more case for
you yep number 17 uh mi-2024 006 965 514 east cabot street great uh thank you board again erica
miller from overmeyer on behalf of timothy scales and alexandra for 514 east cabot substantially
the same as the 512 presentation in terms of especially because that this property and the
512 have the same dimensions as well as the same dimensions for the parking requested although
despite that you might notice that this refusal looks slightly different and we've chalked that
up to we had we've had different zoning examiners come out with essentially the same refusals but
just put slightly differently this again is the refusal for front street for accessory parking
and then the front er dimensional refusals as well it all ends up being the same it's not permitted
So we are here requesting a variance for such a thing.
I would, just to mention what the Planning Commission, their concerns are, is this, it's our opinion that these properties are unique in the sense that we had every intention of rebuilding on the current,
the foundation that you see here being flush with the street foregoing any parking
and contributing to street parking in this area which we all know is very over
And contributing to street parking in this area, which we all know is very over parked. So this, this, these applications would actually really help that issue in this area. And despite my clients basically wanting to move back into the homes that they very sadly lost in this fire and rebuild and restart, they were unable to because they had to, they had to comply with building code that set them back in the
alignment with their neighboring properties that were granted like i mentioned before front yard
parking in the exact same manner um include theirs were for compact parking as well i'd like to
mention that were granted by this board not long ago so yes um again i'm just kind of quickly going
through this these are the same dimensions um this is one lot over again no parking on this side of
street compact parking is our request in order to allow for an easier turning radius i know my
clients i i know especially for 512 they own a small car they have no intention of not complying
with the compact parking space and i think most people that live in this area own compact cars
because of how tight the roads are again the RCO supported this application again
there are nearby properties streets approval for the curb cut our notice our
posting our memorandum of law our application our PIF and our appeal and
the deed this tax clearance was separate so if timothy or alexandra um are in the audience i'd
love to have them come on and adopt my testimony
timothy scales will be rejoining as a panel shortly
hello timothy scales c-i-m-o-t-h-y s-c-a-l-e-s
i think the board has questions uh do you swear to tell the truth the whole truth
nothing but the truth i do so swear mr chairman please proceed council hi tim um were you present
for the testimony i just presented yes were you here were you here for the testimony that i
presented for 512 east cabot your neighbor yes i was would you you know generally adopt the
testimony from that presentation into this one in the sense that i um you know mesh them somewhat
yes I would and then therefore the testimony that I gave specifically for
your property agreed yes I would was there anything I missed that you would
like to add for the board at this time no I would not thank you you did a great
job thanks yeah I think that's all we have board and mr. chairman thank you
thank you very much council questions from the board questions from our
attorney hillary emerson not at this time mr chair questions from the audience any questions
from the virtual audience i'm here mr bob everett's hand is raised again okay he's been about to speak
i believe we received a letter for this as well and in favor of from the rcl
So we do have that on the record, Ms. Edwards, although we can't hear you.