to the railroad tracks. Again, not out of character to have multifamily on Westminster,
40-30, 40-34, 891, Westminster, 891, 905, 900, all on North 41st Street, which is right here.
So all within close proximity.
And then maps of the area.
Again, we have a mix of zoning here.
I mean, we are RSA 5, but you can see ICMX, RM1, even CMX 2, some industrial here with the railroad tracks.
So again, not out of character from a zoning classification point of view either.
And then photographs of the property, again, it was set up already with three mailboxes.
This is all on someone else's watch.
this is the property uh in 2009 so it was multifamily in nature even 2009 before the
approval for three units this is a recent photo this was a photo taken the last couple days of
when you know i asked malik i said you know what why don't you just do i i verified that
no permits are necessary when the when the fence is six feet or less and of ends of a wood material
so that's what he did and did same thing for the side yard as well again we just didn't want to do
any work on the property until we got the zoning approval we just didn't want to have a situation
where now we had to explain that this is allowed but you know that's you know but because of the
comments from the community we obviously you know did it very quickly and then this is just
a newer piece of plywood our hope is that we get approvals we get the notice of decision
a newer piece of plywood our hope is that we get approvals we get the notice of decision
we get you know we get the zoning permit we apply for the building permit we get those
inspections done and we move on and then this is our orange notice poster this is westminster to
the right of the property to the left of the property interior photos this is where his dad
staying and then just simple floor plan common vegetable area make a left you have a kitchen
dining room living room bedroom there is this is unfinished this basement there's no living in this
basement it's just where the mechanicals and storage would be instead of making a left to go
to the first floor unit you go to the second floor unit and then you have a bedroom a bath
living room, kitchen, dining room, and then the same thing on the third floor. All of this is
existing. All of this is based on zoning and building permits that have been issued.
This is our community meeting notice. This was, again, a long process for my client. We, you know,
again, we purchased it in July of 2024, immediately filed the zoning permit application, zoning
appeal. And then this is our application for appeal, our deed to the property, and then finally
our tax clearance certificate. Shows two years as owed, technically no, because this year is not
owed because it's not owed to March 31st. And then my client just made sure he made payments
for 2024 as well.
With that being said, I would ask that
Mr. Boyd be sworn in.
Sir, could you please state your name and spell for the stenographer?
Malik Boyd.
Yes, Malik Boyd, B-O-Y-D.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes. Proceed, counsel.
Yes, Malik, you heard everything I had to state today about your zoning matter.
Is it true and correct?
And do you adopt this in your own testimony?
And then with regards to like, you know, my testimony about not doing any of the work,
it was your intention to complete that work upon approval of this zoning variance?
Okay, thank you.
Questions from the board?
Questions from the board?
questions or comments from the virtual audience mr chair i do not see wait a minute hold on a
second a hand up from cordelia baffick yep i'm going to depend on this right now great
they'll be rejoining shortly okay
hello can you hear me i can could you please state your name and spell for the stenographer
cordelia baffick c-o-r-d-e-l-i-a b-a-f-f-i-c did i swear you in earlier today you sure did
okay thank you uh you're a neighbor yes i am the neighbor and i'm also the block captain
OK, please proceed. Sir, we the community met last week and just as in some ways the lawyer has stated the community, the community did speak up about our concerns.
There are several things that we need. He did not bring up to your attention.
One is the sewage pipes are broken in that house and they continue to spill into the neighbors adjacent on the right and on the left.
We, the neighbors, when we found out and met Mr. Malik that he had purchased a house since August last year, we have been trying to be in contact with him, texting him and letting him know about the issues in the house.
In particular, and more importantly, about the sewage that was spilling into the neighbors' houses on the right and on the left.
Every time the sewage spills up because there's broken pipes in the house, we have to pay people to come and clean up the sewage.
It is horrific, horrific.
This has not happened once.
It continues to happen.
He still has not fixed that.
He did not address it back since we made contact with him.
There is the wood, the roof, whatever work they did before, sir, I don't know what inspection Mr. Malik did to the house, but there's pieces from the roof that are falling, the siding is falling, there is a school across the street from the house, and the children stand with the parents on the sidewalk in front of Mr. Malik's house.
And the children stand with the parents on the sidewalk in front of Mr. Malik's house and pieces of wood, pieces of siding keep falling.
So everything is insecure. We try to address that with him. He did not. He did not respond.
um we uh part of the front of the sidewalk that is ripped if there's a huge hole in there from
clearly a previous owner who tried to address the problem of the the leakage of the sewage
and didn't take care of it so they just put in a piece of plywood Mr Malik came back and yes he
addressed it this past weekend because we had a meeting with the community and the community said
know that we would not say yes to the change unless he addressed the issues that we've been
asking him to address since he purchased the house. These are not issues that require for him
to have a permit, sir. These are issues of quality of life for the neighbors. The smell that comes
out of those pipes and out of that sewage is absolutely horrific. And he completely ignored
the neighborhood, sir. There's holes, and the lawyer actually presented some of the pictures
in there. There's holes on the wall where nests of raccoons and rats have been made in there,
a huge raccoon, sir. And there's children playing in the back, children playing in the front
of this house. And we asked them to seal those because the raccoons and the rats are starting
to come into the adjacent neighbors and he ignored that as well sir we are not against Mr. Malik
changing the zoning of request and his request to change the zoning into a three apartment sir
we don't we understand he has invested a lot of money but we the community are concerned that he
has not shown any concern whatsoever or not until now at least that there was a vote from the
community from the RCO. Has he shown any desire to go and put the fence? That fence was down,
not up. That fence, there was nothing there, Sarah. There were people coming in, drugs being
sold in. The traffic from the back to the front was horrific constantly. And crime happening,
people were running right through that property. So we asked him to address that, sir. And he just
did it this weekend he addressed the fence and he put up a new piece of plywood on the on the
sidewalk the hole is still there and the in the the wood the piece of wood that he put is high
so anyone can trip on it once again we desire to help mr malik we want him to succeed we we have
no problem with him having three apartments there sir but the problem is that he has not shown any
concern or care for our community we we have single homes yes there are a few houses that
have apartments no problem with that but the single homes and and some of the uh the people
that have that live in that community in our community have been there forever and this is
absolutely a disrespect from his part to come in he wants to make money in the community by
purchasing this house but he's not caring for us we have flower pots we have so so anyway listen i
i understand exactly where you're from okay i'm listening to everything you said alan do you have
any questions yeah so two two items um and i mentioned the fact that he was trying to address
one item but because of the rain he couldn't address it can you explain what you're planning
to do with temporarily with that hole that or the part of the sidewalk that's exposed yeah so uh my
contract and i finally agreed on pricing and also a solution of putting gravel and some dirt down
to make it even at least until we get the permit so that way we can go back down in there to put to
uh to do our sprinkler systems so and and the reason why you couldn't do that by today was
because of the weather right and the weather stopped them from working that's why and then
the sewage like can you explain what you what you did address oh yeah so uh when cordy and also the
other neighbor said that they were having some sewage issues i had the entire building snaked
camera uh and they didn't find any issues until outside where that space is and when they found
that we did a temporary boot to to connect it to the lateral from the house until we get the
permit so that we can go back down there and put a more permanent solution down okay thank you do
we have one more pan could that person come on yeah it's um nasir n sir and i don't love him to
speak hi could you please state your name is spelled for the sonographer
don't be coming back in strong mr chair
are they coming on okay um planning commission
thank you chairman and good evening david effecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rsa3 single family
zoning at this location proposed use is consistent with a use variance granted by the board in 2020
and the proposed multi-family use matches the character of this block face which is primarily
multi-family the city planning commission recommends the board grant the requested
use variance for three dwelling units excuse me mr chair i have um excuse me that's here
hold on a minute please yeah i'm sorry you missed me and i didn't make comments so we
we actually can't vote in the cynics we do not have proof of tax compliance there's still
we we have we've made the second it's an edit to the back of our of our presentation we made
that payment oh you did okay i did not see that oh i'll show it again yeah sorry pull that i'm
to show him that i yeah yeah i'll show that that was i think we can that's right here
okay all right all right thank you that was in there right thank you do we have someone trying
to get on someone trying to get on yeah i'm sorry to interrupt you again mr chair they were trying
to get on but uh looks like their hands are going down so you may proceed all right thank you so um
alan um i'm gonna hold this okay all right and i'm gonna hold it for a month yeah and and um
Look, you had a neighbor say, I don't care about the three units.
They just need a little relief.
So I'm going to hold this for a month.
Give me a date somebody will vote on this.
I think my client stated he can finish up the additional work in the front within one week.
I'm going to take a month.
and that way what i i just don't want it like he finishes that up and then the neighbors
you know so i think i think you gotta you know make that particular block captain
yes you know show exactly where you stand with this go ahead
the eighth so we'll bring this back on 0408 25 at 9 30 a.m to vote
Is this a vote only?
It's a vote only, and the only thing we would consider is additional information that Alan has maybe from the neighbors, too.
Yeah, no, I would say, yeah, additional information from Mr. Knockamson about repairs that have been made to the property in response to concerns.
That's right.
And then any response from the RCO and the block captain regarding those repairs.
But everything else is closed.
Everything else is closed.
Thank you.
Thank you.
Alan, stay there for a while.
I think these next few are going to be a lot easier.
You normally say that, Alan.
Number nine, MI 2024-006-299-1453 North, New Kirk Street.
Letter of support from Brewery Town, 17 to one vote.
A letter of non-oppositions from Council Member Young.
Applicant also has a petition of support from five neighbors.
uh alan knockamson all right um mr knockamson do you identify your client a relationship to
the property uh yes my client is amina oliver you waive the reading of the refusal and agree
with its accuracy i do please start all right oops i raised we got three more with you so
all right so we we a lot of people in the back here a little but i'll try to be quick on these
this is actually pretty straightforward uh i say that a lot 1453 north new kirk street
uh we have the notice of refusal this is single family use uh we're just renovating the property
uh we're adding to the third floor and uh a little bit in the rear as well um we do have
correspondence from the brewery town shardswoods community civic association overwhelming support
from the community again a very sophisticated community group as i stated before with the north
27th street project but hey petition uh in support uh nearby so one of our variance requests is
nearby roof decks um you know because of the overlay it's not out of character to have roof
decks on this block we have multiple examples uh aerial view of the property as well uh because
we're looking at maximum occupied area variance. Again, not out of character to have a slight
variance of this sort. And, you know, we have maps of the area photographs.
Uh, and, uh, you know, we have maps of the area, photographs of the property and the surrounding area, which kind of shows in terms of the height, because even though we're in the overlay, uh, which requires a shorter height, typically for the, when you have neighboring properties, there are multiple properties of our height, uh, which are 38 feet in nature.
So we're in line with the spirit of the code.
RCO meeting notice we met with the community, application for appeal, deed to the property
showing that Ms. Oliver owns the property, certificate of tax clearance.
Again, at the conclusion of my presentation, I would ask that Amina raise her hand to be
sworn in.
And I also have Chris Johnson, architect's representative from 24-7 Design.
Notice of refusal.
Again, we're not trying to increase density here.
It's a single family use.
It's currently a two-story structure.
we're looking to add a third story on there a little bit in the back as well we have three
refusals first is maximum occupied area again because it's such a small lot of 700 square feet
to have a functional floor plan we just need slightly a little more occupied area to make the
the staircases work um up through throughout the property height of the property we're in the
overlay and so it's crunchy us down a little bit not out of character to have height on that block
of what we're asking for of 38 feet um and actually our height is is 33 feet six inches so
we're not even 38 feet uh and then the roof decks again not out of character to have roof decks on
this block again the spirit of this overlay is where you have a block that does not have roof
decks you shouldn't introduce those roof decks to the block here there are multiple structures
on this property on this block that have roof decks uh again unanimous support from the zoning
committee 1401 by the community in support of these variance requests petition as well of some
neighboring property owners my client has lived in on in this neighborhood for her whole life
1400 block of Newkirk shows, again, roof decks, I believe, that's right, roof decks for a number of properties on this block, 1439, 57, 1420, 1463, and the list goes on and on.
aerial view again where we are in the neighborhood if you look down further down the block and up