My cousin who works with us too, he works at another place.
so we get clients from them. Referral clients
from them.
But yeah, it's a
requirement that they work or do something
like they have to be in something. They can't just
sit in the property all day.
And we love this location because we
partner with some businesses in the area, so whenever
they need help with getting jobs, we're able to do that.
Are there any
other recovery
homes?
Do you want to be considered a recovery home or no?
We do, but yeah, we
do. Okay, because right now it's
like you're not really attached to any type of referral service to get you
those kind of clientele. But my question is,
are there any other folks operating like that on this block or in the area
that you know what? In this area it is. We saw one,
I think it's called all good things that's in the area and they do the same
thing, housing board and stuff like that.
And was there any other near neighbors at the meeting that you were able to
speak with?
it was um we had the church the church across the street was a few of their members was on there
and that's who we got a letter of support from the church right across the street
um what about neighbors on the block um it's mainly like a lot of student housing and stuff
like that nobody from the block attended our oco meeting except for the church community
because they like directly across the street and they had some concerns and they are like 100
with it they agree well the pastor was right yeah him and his church members it's not just the
pastor all right anyone else on the board have a question questions from our attorney
not at this time mr chair questions or comments from the the public uh you will have two minutes
to respond representatives from the coordinating rco i see no handshake incorporated representatives
from other rcos i see no hands chair district council member or his rep i see no hands chair
anyone else i see no hands at this time chair planning commission
nina solomonic the planning commission the comprehensive plan recommends no change to
the existing residential multi-family rm1 zoning the property was formally used as a one unit rental
and has documented prior use as single-family and two-family use.
The proposed use will not cause detrimental impacts to the neighborhood
beyond what normally might be expected.
The City Planning Commission recommends that the board grant
the requested special exception for group living, single-room residents
in an existing semi-detached structure.
As you can see, there was a lot of questions from the board
and also the issues relative to the RCO.
So what I want to do is hold the vote on this until next Wednesday
We will vote at 9.30 a.m. after we discuss all the issues relative to this in our executive session.
Can I mention one last thing before we go?
This accommodation will allow us to be able to partner with programs like a vet program that we're one of house vets.
And if we have our rental license, we'll be able to partner with these people.
Thank you for your information.
And I just wanted to clarify again, the board can only consider special exception relief if you are seeking a reasonable accommodation.
we'll provide you information with how to apply for that separately should we do both either way
you can do both okay yes you can do both at the same time you receive our answer on wednesday
you can log on and hear the vote okay thank you okay number four mi 2024 004 752
1923 east allegheny avenue mark fineman is the attorney
good morning mr fineman good morning chair hi could you please state your name and spell
for the stenographer yes good morning mark fineman f as in frank e-i-n-m-a-n first name
is mark with a k you swear or affirm to tell the truth the whole truth and nothing but the truth
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify?
Could you identify your client, the relationship to the property?
My client is Dema, D-E-M-A, Realty, Inc., and it is the owner of the real estate.
The sole owner of Dema Realty, Inc. is the gentleman to my right.
His name is Hytham, H-A-Y-T-H-A-M, middle initial A, last name Ayad, A-Y-Y-A-D.
All right. Our vice chair has a few questions for you, sir.
Good morning. Have you submitted your documents five days in advance of this hearing?
And do you waive the reading of the refusal and stipulate to its accuracy?
Okay. Thank you. You can proceed with your case.
Thank you very much. First and foremost, I want to thank the board and the staff for the accommodation in allowing us to be present here today.
We've had the issues in the past with the remote hearing.
So thank you very much for that.
We're here today regarding the –
Do you have your documents in front of you, or are they doing it in the back?
They're –
Oh, okay.
Ian, you have it?
All right.
Thanks, Ian.
They're both.
So we submitted a list of exhibits.
We're here today because we're trying to legalize the current use of the property.
It was refused.
That refusal is the Exhibit B, indicating that the refusal was dated on June the 18th of 2024.
The proposed use is to, as I said, legalize, seeking the variance to legalize the existing use of the property.
In 1978, I believe it was, 88, my apologies, there was a certificate of use and occupancy for the property, allowing it to be used as a doctor's office on the first floor with the one family dwelling on the second floor.
It had been used that way for many years, and then at some point, and we're not certain of exactly when it took place, there was a sale of the property and a change of the use of the property.
That use was, instead of a doctor's office, it became a business establishment, and that had been in place for a number of years.
We know as far back as 2015, it was being used as what was labeled as a multi-services facility, including auto tags.
My client purchased the property in 2019 and operated an auto tags place there from that point until the current time,
with the second floor still being maintained as a residence.
um when my client became aware that their their use technically was not in compliance with what
the zoning was they then submitted the application which resulted in the refusal and then the
subsequent appeal bringing us here today we're seeking to legalize that use the there's photos
showing the interior of the property on the first floor we didn't provide the
photos on the second there's been absolutely no change and it's been
residential the key is what's on the first floor instead of being the
doctor's office with a reception area and multiple small exam rooms it's now
just basically an open space with limited public access to just the front
area that open space for the customers to come in and go to the counter to
submit their paperwork for whether it's auto tags notary services things of that
nature and those are the photographs that appear as exhibit e on the exhibit
list we provide tax clearance and the
The publication of the notice of the hearing for today, as well as previous communications
with the RCO in the community, and we did not receive a letter from them, but I understand
that was received by the board on a previous occasion.
I've never seen it, but my understanding was that that had been submitted.
Hilary, is that true?
Not that it's true.
Do we have that?
Sorry, give me just one second.
I believe we do have this one.
Oh, actually, no, I'm sorry.
We do not have a letter for this one.
All we received was an email in opposition from a neighbor.
neighbor that's it from a neighbor one neighbor and we haven't received any
That's it.
From a neighbor.
One neighbor.
And we have.
notification otherwise I provide the tax clearance for the property as well as
exhibit J shows the deed reflecting that demo Realty is the owner of the property
do you have the proof of mailing for the meeting
I'll ask your indulgence for one moment.
Thank you.
I believe that would be part of Exhibit A, which was the notification sent out, it would
the big council member Driscoll's office as well as the Harrogate Civic Association.
And my pardon me, that would have been on August the 6th of 2024.
Do you want to have your client adopt your testimony?
Was he sworn in yet?
Could you turn the microphone on and have it closed here?
Please state your name and spell it.
Yes, it's on.
State your name and spell for this stenographer.
My name is Haytham Ayad.
First name H-A-Y-T-H-A-M.
Last name A-Y-Y-A-D.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you very much.
You heard my presentation to the board today regarding the application for Demo Realty to change and have a variance for the legalization of the use of the property, correct?
And if you were called to testify regarding the use, with what I said, is that accurate to what you would be testifying to?
Would you adopt what I've said as your testimony today?
Yes. No further questions for the board.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the public audience that you will have two minutes.
Representatives from the coordinating RCO?
I see no hands, Chair.
Representatives from other affected RCOs?
I see no hands, Chair.
Mr. Councilmember or their representative?
i see no hands chair anyone else i see no hands at this time planning commission
nina solomonic with the planning commission the comprehensive plan recommends no change
the rm1 residential multi-family zoning at this location the city changed the zoning maps in the
neighborhood in 2017 in a community requested map change this this section of allegheny avenue has
never been a commercial corridor although it has hosted sporadic businesses the property has a
documented history as a ground floor doctor's office and one dwelling unit above at some point
a prior owner converted the ground floor into a store the impact of the proposed business and
professional office would likely be no different to the previous doctor's office the city planning
commission recommends that the board grant the proposed use variance for a business and
professional office mi 2024 004 752 1923 east allegheny avenue i vote yes michael johns i vote
yes cheryl gaston my vote is yes tenetta graham my vote is yes my mcadams my vote is yes i win my
vote is yes thank you counsel thank you very much all right have a nice day number seven mi 2025
5-0-0-2-1-1-3-7709 ridge avenue william o'brien is the attorney this is a resumptive hearing
is the attorney.
This is a resumptive hearing.
William O'Brien will be coming in as a penalist.
Thank you.
good morning chairman bergman uh vice chairman graham members of the board
william bill you got to turn up your volume we can't it's hard time hearing you
is that better um try a little bit could you get a little closer maybe or
how's that uh a little a little better uh could you please state your name and spell for the
stenographer yes william w-i-l-l-i-a-m o'brien o-b-r-i-e-n right do you swear or affirm to
tell the truth the whole truth nothing but the truth i do so mr o'brien this is a resumptive
hearing and uh we see there's several different changes you made so we're going to take an update
from you we'll then have questions from the board public testimony and then planning will take a
position um could you please start your presentation thank you yes this is a resumption from august
27th if i may share my screen uh following that hearing on uh it's still kind of low see if you
good like i don't i don't know what's wrong here it's i'm not sure where my volume is i've never
had to raise it
i just try to raise your voice bill i'll uh i'll raise my voice i i just got hearing aids yesterday
day so a little disoriented but i'll get through it uh on this maybe that's what i need maybe i
need the hearing aid if you're but go ahead yeah on the screen is the refusal who was issued after
the last hearing on uh september 3rd
we're not hearing at all now bill just um it's nothing i'm breaking it's breaking yeah there's