We're going to go to our add-on list.
And number one is MI 2023-006-516-401 East Roosevelt Boulevard.
Mr. James Snell will be handling this vote on this property.
I am recused.
Okay, thanks, Mr. Chairman.
This is for the use as a child care center.
on the first and second floor, and assembly and entertainment in the basement in an existing
structure. The refusals are child care center and assembly and entertainment uses are prohibited
in the RSA 5 zoning area or zoning district, and multiple principal uses are prohibited
in the RSA 5 zoning district we have a letter of support from the new 42nd ward RCO with a proviso
limiting their support to the child care center use only we also have a letter of non-opposition
from council member Lozada so uh Mr. Snell yes sorry I just wanted to interject to note that
we've received an amended refusal on this case that adds two additional uses to the property
one an educational facility and two personal services for a boys and girls club that personal
that personal services use generated one additional use refusal on this application.
services use generated one additional use refusal on the
Gotcha. Okay. Okay. All right. So you want me to read that out, Hillary? I see it here on the
applicant now request. Is it how many uses, Hillary? They have listed here. Four uses.
Four uses. Okay. That's child care center, which is on the second floor, educational facility on
the third personal services that's the uh boys and girls club on the first floor and assembly
and entertainment which is also on the first floor um okay so uh the educational facility
use was previously approved at the location so uh we're going to vote on this uh i'm going to vote
yes with proviso per amended refusal dated March 22nd, 2024. Temporary variance for all uses expiring
April 30th, 2026. My vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.
LeBaron Leonard Palmer, my vote is yes with proviso. Thank you, Jim. Thank you. Number two,
MI 2024, 000149, 2350 East Albert Street, I vote no.
Thomas Holloman, my vote is no.
James Snell, my vote is no.
Number three, MI 2024, 000227, 100018 West Sedgley Street, I vote yes.
Thomas Holloman, my vote is yes
James Snell, my vote is yes
Number four, MI 2024, 000276, 1020-30 West Sedgley Street, I vote yes
Thomas Holloman, my vote is yes
James Snell, my vote is yes
Okay, we're going to go to our regular list
And we're going to start with number four, MI 2024-000-108-2448 Kensington Avenue.
Jarrett Klein is the attorney.
There's a recommendation of non-opposition from the East Kensington Neighborhood Association.
And there's also a letter of non-opposition from Council Member Lozada.
Mr. Klein.
Good afternoon, Mr. Chair, members of the board.
Mr. Klein, could you state your name and then spell it, please, for the court's sonographer?
Certainly. It is Jared, J-A-R-E-D, last name Klein, K-L-E-I-N, from Notcomson, PC, 1 South Broad Street.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you identify your client in relationship to this property?
Certainly. My client is Vu Lee, who is the owner of the property and joining us today online.
Okay, and Mr. Holloman has a few questions for you.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Yes, I do.
Did you email all of the exhibits and documents as required five days in advance to this hearing?
I did.
Thank you.
Please proceed and share your screen.
Thank you.
Is that visible for the board?
We can.
So we're here for 2448 Kensington Avenue, and this on the cover page before you is a rendering of what we hope the completed project will look like.
The refusal that we received is for both use and the dimensional requirements of the code.
We're zoned CMX2 because we're along the Kensington Avenue commercial corridor.
And so the maximum number of dwelling units would be two. We are seeking use as a triplex
while also maintaining the commercial space requirement on the first floor. So we are
offering the ground floor commercial as required by code, but we're seeking an additional residential
unit. And then there's a 75 percent maximum occupancy and we're at 983 square feet and the
code would limit us at 863 square feet. As I'll show you as we go through, we're matching pretty
closely the existing structures around us and the lot size we think justifies the variance that
we're seeking. Just for context, these are other properties in the immediate area that have been
approved by the board for multifamily. This is 2464. Kensington was approved for four units.
This is 2464 Kensington was approved for four units and 2440 Kensington was approved for 10 units.
So there is documentation of other uses in the area.
Similarly, we've created a map of other nearby similarly zoned properties that also exceed the 75% lot coverage.
Those are the properties that are highlighted in red on this map.
this is our property here. So as the board can see, the 75% lot coverage has been exceeded on
all the properties next to us on both sides of the street and all along Kensington Avenue.
To contextualize this for the board, this is our lot here.
And some pictures of the street. This is the existing lot as it stands right now.
It is a vacant lot. It's overgrown and has existed in this condition for some time.
Photograph of our posting notice on the front of the building.
And these are some shots of Kensington Avenue.
We know the board is very familiar with this.
But just to give context to the surrounding area, we are right under the L and on the commercial corridor,
which is why we think the additional one unit of density is appropriate trying to drive traffic to
that existing commercial corridor. You've seen this photo already but this is a rendering of
what the building would look like upon completion and zoning site plan showing how we're fitting in
with the other buildings adjacent to us. Important to note that we do have a three-foot alley behind
us that runs on a diagonal, and that creates a condition where we're losing a certain amount
of square footage from the rear yard area. If we were to box this out and capture what the square
footage would be if it had remained a rectangle, we're pretty close to meeting that open area
requirement by right. So the refusal is really being driven by this diagonal line that runs
along the back of the property that takes away that square footage. These are existing
Bringing perspective shots to the left and right of where the building would be, and then elevations to show us in context with the completed structure.
We also have the side. We do have a pilot house that is set back appropriately on both sides, and we're height compliant as well.
And floor plans that show the three proposed units with roof deck space.
um we did meet uh with the RCO I believe I heard the chair summarizing it as I came in
uh it was a low attended meeting though it was a very sufficiently advertised but all three
attendees were in support of the project uh and then there was also a letter uh from Councilman
Councilwoman Lozada's office uh also in non-opposition um with that I would like to
have Vu Li raise their hand and briefly adopt my testimony if they're online.
Vu Li has been allowed to speak.
Mike, could you please state your name and spell for the court stenographer?
Hi, can you hear me?
Yes, I can.
Hi, my name is Vu Li.
First name is V.S. Victor Yu.
Last name is L.E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you.
Vu, did you have a chance to hear my statements this afternoon?
And do you adopt them as true, correct, and your own if you've been given a longer chance to testify?
Great.
We don't have anything further, Mr. Chair, but are happy to answer any questions.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Chair, we have a Lorraine Mueller with your hand raised.
They have been allowed to speak.
Hi, could you state your name, please, and spell for the court stenographer?
Lorraine?
Hi, yes, my name is Lori Mueller, and I'm interested.
Hold on a minute.
Could you spell your name, please, for the court reporter?
okay well i'll give you my full first name lorraine l-o-r-r-a-i-n-e mueller is m-u-e-double-l-e-r
right do you swear or firm to tell the truth the whole truth nothing but the truth
i do are you a neighbor yes okay please proceed okay is this in regards to the friary
that's a zoning meeting that i wanted to attend which one was that ma'am
Okay, on the Academy Road by Archie.
Okay, on Academy Road by...
No, no, no, ma'am, this is Kendigdon Abner.
No, no, no, ma'am. This is Kendigdon Avenue.
Okay, well, when are you going to come to that one?
This was the information.
Well, I'll get to that shortly. Thank you.
Is there anyone else in the virtual audience?
No hands, Chair.
Planning Commission.
I'm sorry, Chair. We did just have a hand.
And Therese Ford, they have been allowed to speak.
Hi, could you please state your name and spell for the court stenographer?
okay can you hear me now yes yes could you please state your name and spell for the court
artrice ford a-r-t-r-i-c-e last name ford f-o-r-d you swear or firm to tell the truth
the whole truth nothing wait a minute wait a minute wait a minute why i'm state why what's
all this no i'm here for a zoom meeting this is a zoom meeting ma'am it's about kensington avenue
oh no this i was informed this is on winsome street no it's not ma'am it's not uh and just
to reiterate for the record the winsome street case has been continued okay thank you um is
there anyone else in the virtual audience there are no hands cleaning commission
Thank you, Chair Bergman, Sarah Bond, S-A-R-A-H-B-A-N-H.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please proceed.
Thank you, sir. The comprehensive plan recommends no change to the existing commercial mixed-use zoning.
The dimensional requirements of the zoning code do not create an economic detriment for the appellant.
Additionally, the appellant has not shown that the property cannot possibly be used in strict conformity with the zoning code and that a variance is therefore necessary to enable the viable economic use of the property.
The appellant chose not to take advantage of the mixed income housing bonus that would have allowed for an additional unit.
The City Planning Commission recommends that the zoning board deny the use and dimensional variances.
Thank you.
So MI 2024-000-108-2448 Kensington Avenue, I vote yes with a proviso. Use registration required prior to occupancy for vacant commercial space.
Thomas Holliman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Counsel, could you stay on for number six?
Certainly.
So MI 2024-000-311-1715-R-McKean Street.
Mr. Klein is the counsel.
There's a recommendation of support from the East Point Breeze neighbors.
Mr. Klein, could you, just for the record, state your name?
Certainly.
Jared Klein from Knockamson, PC, on behalf of the tenant.
Right.
Could you identify your client, a relationship to this property?
Certainly. My client is Holly Danessi.
She's joining me online today, and she is the tenant for the subject space.
And Mr. Holloman has a few questions, sir.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Yes, I do.
Did you email all the exhibits and documents as required five days in advance to this hearing?
I did.
Thank you. Please proceed and share your screen.
Thank you, Mr. Holloman.
So we are now here for 1715 R McCain Street, and the application before you is for body art services, essentially a very high end tattoo artists space.
Just to give the board some context before I get into the majority of the of the presentation, Holly's is really a tattoo artist.
She does not do sort of the South Street style walk in and get a tattoo.
She is a by appointment only artist who really the best way I can describe what she does
is she's an artist, but her canvas is human skin as opposed to paper or or other other
materials.
And so it's important to keep that in mind as I go through the presentation.
The parcel that we have is zoned I-2.
and body art services is unfortunately prohibited in that space. The property at 1715 R McKean
is interesting. This is our lot here. There's a front portion of the building that fronts onto