unit does that help mr john to see what you were looking at yeah because well you i can see it now
okay well that's the first you're back to the first yeah he's back to the first floor sorry
okay so so right now we're showing two egress wells with double egress compliant windows but
we could turn those into uh doors and stairs if that's something the board would like to see
on the left side of the screen mr johns is the lower level i can zoom in if you wish no i can
see it clearly they would benefit from a direct walkout from anything that's nine foot below grade
is untenable in my opinion but yeah we can uh we can accommodate that and um
give my promise that we'll that we'll do that any other questions yeah is the thought for
the commercial space that the basement is going to mostly be for storage yeah back of house storage
utilities um okay and then where's the bathroom for the commercial unit oh so we would just
accommodate the tenants need so there would be a requirement for a full ada compliant bathroom
kitchenette or anything else they need at the first floor we would make sure we're full ada
compliant in accordance with the building code as part of the tenant fit out once there is a tenant
understood and then you know end up in the back left or right corner mostly the parking is only
going to be on the first floor so in the basement is that just foundation uh yes so beneath the
parking there is no basement other than the pico utility vault so the parking is essentially slab
on grade the rest of the utilities are below the residential lobby okay and then how are you
handling storm water drainage um yeah so all um so there's no essentially storm water management
system due to the size of the site um but you know in accordance with the water department
requirements all the storm water will be set into separate piping and tied in separately to the sewer
system okay and so and then this is a fully walk-up building so i guess the only comment i would have
is that to have 19 units i think another resident also mentioned sort of around affordability it
would be nice to see a little bit more intention around having either type a type b and affordable
units that were designated for us to have this many units understood we agree any other questions
questions from our attorney not at this time okay uh questions from uh comments from planning
commission uh jonathan goins city planning uh commission staff the comprehensive plan
recommends no change to the existing RSA 5 residential single-family zoning at this location
the appellant has not demonstrated that there are unique physical circumstances or conditions
the appellant has not demonstrated that there are unique physical circumstances or conditions
of the property that would prevent it from being used in conformance with the zoning code
city planning commission recommends the board to neither quested variances okay um
so we're going to hold this right until um you do your amended amended refusal with the board's
permission we would have are you and are you listening or council yes sir uh and and we would
want to do this we want to I'm going to I'm going to close this I mean we're done yes uh it sounds
as though there's two weeks we would is that sufficient time uh Mr. Labor to make the requested
amendments yes okay two weeks sounds great absolutely uh we would we would uh ask that
the record be closed oh yeah I'm doing that so the question would be uh what's the date of that
wednesday two weeks from now so chair that would be uh may the 6th we're going to continue this to
may 6th at 9 30 a.m we'll take this executive session and we'll vote at 9 30 but it's closed
nothing else comes in mr chairman and members of the board thank you for the board's introduction
thanks for everybody who spent so much time with us we appreciate it and the people who
had different comments but thank you very much we're going to move on guys thank you
Number 13, MI-2025-006-649, 743 North 44th Street. Joseph Consul is the attorney.
mr console he's joining us now good morning mr console could you please state your name
and spell for this phenomena joseph console that's j-o-s-e-p-h last name console c-o-n-s-o-l-a
do you swear a firm that's all the truth the whole truth and nothing but the truth
i guess i do could you identify your client a relationship to the property
yeah uh my client is uh nor now rose and ridwayne llc represented today by its owner mohammed ullah
and there's a uh a recommendation of support from west um belmont civic association our
voice shares a few questions sir good afternoon have you submitted your documents and exhibits
five days in advance of this hearing yes and do you waive the reading of the refusal and stipulate
to its accuracy yes all right thank you can share your screen and proceed with your case
okay good morning uh chair bergman members of the board joe consul here uh for 739 north 44th street
we are seeking a use variance to allow for a multi-family dwelling within this existing
structure the refusal is because this property is currently zoned as rsa5 we're here today to
demonstrate that strict compliance with RSA 5 presents an unnecessary hardship for this specific
property created by the recent city down zoning. And that a three-unit property is appropriate for
this block and appropriate for the neighborhood as demonstrated by their unanimous support.
So there's the refusal. This property was in 2023, downzoned from RM1 to RSA5. My client bought that property the same year, a couple of months after the downzoning had been signed by the council and the mayor.
and so he sort of scrambled on what to do with it at that point we submitted for the three unit
approval and now we're taking it through this process so there is the refusal
there is our vote of 10 in support three committee members abstained
notice in the meeting we actually uh met with them twice we came back with a full set of
architecturals which was their request from our first meeting so here's the property as you can
see it requires some TLC here which my client will provide
Show him some photos, show him some photos.
tax clearance certificate, the deed, the purchase. What we hope is compelling is the property
directly next door is zoned for three units, and then the property, and that's 733 North
44th and then at 737 north 44th you also have a three-unit approval so on this
side of the block of the properties that are not vacant we have two that are
approved for what we're seeking today that are of the same size as the
property that we are presenting to you today to show you some internal photos
That's just the deed. Those are external. Do some internal and I'll show you the plans.
My client has been cleaning it up in anticipation of renovation into hopefully what we are proposing today.
to do to do I'll skip over to the plans there's the proposed first floor and
basement basement is mechanical and storage first floor unit two bedrooms and
the bathroom and here's the second and third floor units also two bedrooms the
bathroom let's see as mentioned West Belmont was in total support and that
ought to do it for the bulk of my testimony could have them adopt it and
and we can answer any questions.
Bring your client on, please.
Muhammad, are you available to raise your virtual hand?
Muhammad is coming in now.
Muhammad, can you unmute yourself, please?
what's next door joe how many units three there it is
muhammad there it is actually 737.
are you able to unmute yourself muhammad yes hi muhammad could you please state your name and
spell for the stenographer mohammed m-o-h-a-m-m-a-d u-l-l-a-h
is it possible for you to turn your video on
okay do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes uh mr uh did you hear my testimony just now regarding uh your property at 739 uh north 44th
street yes do you adopt it as your own yes okay i have nothing further questions from the board
can we see the floor plans again yeah would you like the first or the second floor
or the second and third floors both you kind of went by them a little fast here okay
yeah i try to i try to toe the line between too long and too short
okay so no
the basement is going to be just for storage and what have you yes mama there's no living
space in the basement correct no no living space that says uh storage and electric panel box and
water heater room okay and then the first floor unit has how many bedrooms two bedrooms
and bathroom and kitchen dining space in the trash closet as in touch closet yes
requested by the rco at our initial meeting
All right, going up taking the elevator up
yeah taking the elevator up
yeah yeah you got all right i can't can't hear you
No, I'm just asking, I asked him to move it up some so I could see the front part of the unit.
I understand.
I understand.
Perfect.
Thank you.
I have a question about the utilities for the second and third floor unit and where you intend to have those.
Mr. Orwell?
uh she was questioning where the utilities would be for the second and third units
uh is there utility going to be on the all utility meter going to be on the basement
so all utilities are in the basement how are the second and third floor tenants going to
be able to access the basement for servicing if it's tied to the first floor unit but maybe
we can put it outside actually that's we don't put it like right now they have a meter outside so
might might put it outside than 34 of them 30 of them i'm sorry i missed part of could you repeat
your last sentence okay you're talking about the funnel box funnel box every every unit have their
own panel box on every floor okay so that's electrical is this an all-electric unit you're
not going to have gas service yet yeah all electric unit okay thank you for clarifying and then just
in the first floor what's going on in the rear bedroom i see some notes on the plan that look
like the laundry room but there's another area that's listed as the laundry so i just wanted to
no laundry room on the first floor they put it in but we're not going to put it on the laundry
room on the first floor that's uh there is only the two bedroom and kitchen dining and the living
is fantastic and then what is the plan for uh trash storage and management
okay we have the first closet are you open to a proviso that requires all trash be stored inside
like as an actual proviso yes okay yeah so we have it
i don't have any other questions i yeah i got you
i got a couple issues one is an issue that just is unacceptable for me which is to have a
access to a to the rear yard through a bedroom which you have on the first floor which makes
absolutely no sense is the worst condition to have a backyard having someone and neighbors
friends whatever to have to go through a bedroom to go to the backyard that is untenable for me um
Two, go to the front area that vestibule. That makes no sense. What is that space in the front for? You've got windows in a living room that front into an enclosed porch, so you can't get natural air unless the windows on the front porch are open and it's a shared space.
It kind of creates a weird condition that is not a good condition, I would think, for three families.
living in a building like this so that that's problematic just from a design standpoint
it makes sense if you could go out that breezeway to get to the backyard reconfigure this thing
thirdly or fourthly wherever i am on the sec the second floor third floor unit
you got a two-bedroom unit typically you'd want to have a um a bathtub not a shower because if
they've got a kid you don't want to you know bathe the kid in the shower um so that is something
that should be looked at okay so those are my issues with your plan all right to the extent
and i see an update of that we're i'm happy to discuss with muhammad and his architect
just taking some notes let's figure this out are you going to try to adhere to that joe
Yes. Does that all seem reasonable, what Mr. Johns suggested?
Yeah, reasonable even I can close that in the backyard door is not a big issue actually.
So we don't have to, we have a backyard door and close it.
So I think what we need to do is we have to bring this back for a resumptive hearing.
Right.
All right. So we're looking at, uh, Mr. Johns, the no exit from the downstairs bedroom. We understand that, uh, the windows out to the porch, um, which is enclosed. I understand that being problematic. And then did I miss?
which is enclosed i understand that being problematic and then did i miss anything on
the first floor yeah that was i mean it it seems to make sense that from a more public space on
the first floor to access the public outdoor space is to make sense to go through the breezeway so
it's like a reconfiguration of that area of the first floor of your kitchen and living room area
to get access to the backyard from there and potentially make that that vestibule enclosed
porch part of that first floor unit so you get a better unit on the first floor got it and then
the second floor um the other issue was the third floor too right Joe remember yes third floor the
bathroom yeah second and third floor bathrooms right so at this point I'm going to make this
a resumptive hearing to july 7th at 9 30 a.m if you can get a hold of um and see if that's possible
to get in sooner but that's the date i'm giving it right now so it'll be a resumptive here in
july 7th at 9 30 a.m all right we will update and revert back thanks i'll reach out to you
much appreciate your time thank you thank you 15. mi 2025 006 709 101 north 60th street
so mantha lions is the attorney
Samantha Lyons?
Samantha Lyons is coming in now, Chair.
All right.
Thank you very much.
And Chair, this is Ian Hegarty just noting for folks in the virtual audience and here, this is going to be the last case that we'll be able to call before our required 1 p.m. staff break and 2250 North 16th Street will be called when we resume at 2 p.m.
Thank you.
Samantha?
Yes, Chairman. Good morning.
Good morning. Could you please state your name and spell for the sonographer?
Yes, absolutely. My name is Samantha R. Lyons, S-A-M-A-N-T-H-A, last name L-Y-O-N-S.
Do you hire a firm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you identify your client in relationship to the property?
Yes. Good morning, Chairman and members of the board.
I am here regarding property address 101 North 60th Street on behalf of Bernard Etienne, who's the managing member of JBE LLC, the property owner for in this matter.
Can I notice that you have a letter of support from Achievability?
Yes, sir, we do.
And our vice chair has a few questions.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
yes ma'am good afternoon madam vice chair we have submitted our documents and we submitted
an additional supplemental photo uh yesterday okay thank you and do you waive the reading of
the refusal and stipulate to its accuracy yes ma'am we do okay thank you you can share your
screen and proceed with your case so good morning members of the ZBA as I
mentioned my name is Samantha Lyons I'm representing the applicant here Bernard
etienne who is the property manager the managing member of the llc jbe remodeling essentially the
applicant is seeking a use variance to permit to permit a three dwelling unit multi-family use
within the existing attached structure which is currently located in an sra 5 zoning district
the property consists of approximately 4 287 square feet and contains an existing building
size which size configuration and layout essentially make it unreasonable for single
family use at this stage the property was like this when the owner purchased it this particular
requested relief reflects the minimum variance we recognize that the proposed use will not
adversely affect the health public health safety or welfare there is a plan for trash management
We look to see minimal impact on the neighborhood with regard to parking, storage, et cetera.
And with regard to the applicant's exhibits, I'll just do a quick stroll through.
And why don't you do this, counsel, if you would just make it a little larger.