ZBA Hearing - December 3, 2025

Please proceed with your testimony.

Just to repeat my comments from the last case, again, we respect that the applicant came to us multiple times.

This is the result of multiple revisions of the plans.

You'll find a letter of support both from Councilman Squilla and from the BBNA Zoning Board.

Again, given the four, we want to confirm that the four provisos that are in both our letter and the Councilman's letters have been included.

And if the applicant can confirm that they're using the revised drawings as of November 11th, that they intend to adjust the northwest corner.

I think Ori just mentioned they'll be adding more glazing there. We just want to be sure that that's included.

they also indicated that they'd be adding more lighting on the ground floor facade to activate

the area and that they would be changing the frontage on the ground floor to cast stone

from brick and having brick only above the commercial first floor those are the four

provisos that were in the bvna and also included in councilman squill's letter thank you thank you

very much anyone else in the virtual audience i i'll accept that we will work hard to make

this building as attractive yes chair marie line german has been allowed to speak sure

thank you i'm i'm dr jermaine g-e-r-m-a-i-n i am a resident of catherine street and all right

do you swear or affirm to tell the truth told truth and nothing but the truth

I do.

Marie, you have two minutes for your testimony. Thank you.

Thank you. Thank you for putting my comments in the record.

I'm a resident of Catherine Street and 9th Street, just one block from the proposed project site.

Along with several of my neighbors, I have actively participated in multiple local zoning hearings related to this development.

While we appreciate the developers' efforts to address several of our concerns, we want to emphasize the importance of incorporating a commercial space on the ground floor.

And I understand this has been discussed in the past few minutes, but I want my comments to be on record, specifically one that is suitable for retail rather than office space.

Office space would not be an appropriate fit for this area, which is, as you well know, rooted in the character of the Italian market and known for its small street level retail establishments.

So in that historic and community oriented spirit, we have respectfully requested that the developer include a glass storefront at the corner of Catherine and 9th Street.

And I understand, once again, this has been discussed, but it does not show on the rendering.

And so I want my comments to be recorded.

Thank you very much for your comments.

Is there anyone else?

Yes, Chair.

I have a hand up by the name of Hannah Francis.

They have been allowed to speak.

Good morning.

Hi, again.

Hi, good morning. You've already been sworn. Just state your name for the record.

Okay. My name is Hannah Francis. H-A-N-N-A-H-F-R-A-N-B-I-S.

Start your testimony, please.

So I know I had mentioned previously that I am on 9th Street, and the homes there are pretty historical, as well as all the homes in the neighborhood.

given significant excavation that will be conducted

I wanted to know what measures will be taken to ensure the vibration will not cause

damage to the historic homes in close proximity. I know personally my

building was built in 1915 and touches that Rite Aid so unless

there have been studies conducted to ensure the historical units won't

be affected I can't know if this project will be safe or not

for my home. Okay. Thank you for taking

in the time of the calls. We appreciate it.

I'm going to give you a chance

to respond. Is there anyone else

in the audience? I see no

hands at this time, Chair.

Do you want to respond to some of the things you've heard?

Certainly. And look, I will, you know, certainly understand anyone's concern in the city about any demolition going on near their property. What the last 10 years of demolition issues in this city have done is create an extensive demolition process that is separate.

Certainly. And look,

I will certainly

understand anyone's...

So this is just for Ms. Francis, separate and distinct from this zoning process.

So after this, we will have to go through, there's an extensive site safety plan that

has to be done, a lot of advanced notice, quite a few building code requirements and

extensive work with L&I.

So I certainly understand her reticence here, but this will be done extremely safely and

will meet anything that's required by L&I.

Okay, thank you.

Planning Commission.

in a solomonic with the planning commission the comprehensive plan recommends no change

to the existing commercial mixed use cmx2 zoning at this location the application is for complete

demolition and new construction which could be built in conformance with the zoning code

the city planning commission recommends that the board grant the requested variance for ground

floor residential use and second floor balcony but deny the dimensional variances for rear

lot line setback deny the maximum height variance and rear yard depth variance thank you um so mi

2025 005 171 801 south lane street i vote yes and our council will add proviso yes with proviso

applicant must provide required commercial space use registration required prior to

occupancy for commercial space thank you michael johns my vote is yes with proviso

Cheryl Gaston, my vote is yes, with proviso.

Tanetta Graham, my vote is yes, with proviso.

Brian McAdams, my vote is yes, with proviso.

Iowan, my vote is yes, with proviso.

Thank you, counsel.

Thank you very much, everybody.

Okay.

Have a great day.

Sure.

We're going to go back to number seven, MI 2025-002113, 7709 Ridge Avenue, William O'Brien.

Good afternoon.

Yes, you too.

Can I be heard now?

You want us to do the zipper for you there, Sean?

I appreciate it.

I had to have my wife tie my top leg.

you did a great job

actually a little bit better

than what you know

the tie looks a little better

I will say that this one worked out

off the record

we usually do the same process

it just doesn't always

fall out the same way

but this one did

it worked out great

And kudos to Bella Vista because they got the word out.

Like I said, we showed up at the first meeting and, you know, it was overwhelming.

Well, over 70 people included.

In the second meeting, we had about 60, but about 20 of the people all said that they

could find a project that was a place to waste another.

So, okay, see you later, everybody.

Mr. O'Brien.

Good afternoon, Mr. Chairman.

How's my audio?

Can you hear me?

Mr. O'Brien?

Yes.

This is the reporter.

Mr. O'Brien, your voice is very faint.

I can't hear him.

My computer says it's on 100%.

Hillary, we have him back this afternoon, right?

Can I, I can come in.

I'm sorry, say that again.

We have Mr. O'Brien back this afternoon.

there's another case doesn't he have another case this afternoon i have a case this afternoon i can

come in and do both cases in the hearing could we um i'm sorry if this is happening i i don't

so if we recessed this morning's hearings till and we could bring him in first at two o'clock

for this case all right so mr o'brien we're going to recess to this afternoon because we're still

having a hard time hearing you see if you can get that fixed before two o'clock i'll be in the court

i'll be in the hearing room this afternoon all right good good perfect thank you mr o'brien

is there anyone else in the audience whose case has not been heard

i see no hands at this time thank you everyone all right and just to be clear for the record

we're recessing until two o'clock thank you

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Okay. So, we're still on the 930 list. We have one case. So, it's MI-2025-002-113-7709 Ridge Avenue.

Mr. O'Brien is the attorney, and Bill Beam, we had a little bit of a hard time this morning.

Could you state your name again and spell for the stenographer?

William O'Brien, W-I-L-L-I-A-M, O-B-R-I-E-N.

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

I do.

Could you identify your client, a relationship to the property?

My client is D. Remodeling Ridge Avenue, LLC.

The managing member, Dan Dragomir, is in the audience.

Okay, and our vice chair has a few questions.

Good afternoon.

Have you submitted your documents five days in advance of this hearing?

Have you submitted your documents five days in advance of this hearing?

Documents have been submitted.

Documents in this meeting.

Okay.

Okay.

And do you waive the note of refusal and stipulate to its accuracy?

I do.

Okay, thank you.

You can share your screen and proceed with your case.

I would also mention there's a letter of non-opposition with provisors from Upper Rocksboro Civic Association.

20 non-opposition.

17 of them are near neighbors.

Yes, thank you.

So this is a continuation from a hearing on August 27th.

Resumptive hearing.

And, Phil, the way we'll do it is you'll give us your updates, the board, then we'll ask questions, and take public testimony and then planning, and then we'll vote.

But you might want to just give us a couple minutes up.

Yeah, I just want to refresh your memory just a little bit.

The biggest variance needed is multifamily use.

The property is zone CA1.

That is a zoning that was introduced after my client purchased it.