ZBA Hearing - March 10, 2021

This is photos of the corner lot for the 2035 North 19th and photos of the zoning posting.

The same provisos apply to both of these projects, and then we have the pro forma tax clearance,

the deeds, the application for appeal, the project information form, and the zoning RCO notice,

and proof of mailing.

Are there any questions from the board?

I can bring my client, Mr. Joseph, on to adopt and accept my testimony.

Let's do that, and then we'll see if there are any questions.

All right, sure.

Mr. Joseph, can you raise your hand and join us?

Joseph, you can unmute yourself and speak now.

Hi, my name is Todd Joseph.

Good afternoon, sir.

How are you, Mr. DeChico?

I'm well.

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

I do, sir.

thank you mr master um good afternoon mr joseph you've heard my testimony this afternoon do you

agree that it's true and correct and do you accept it as your own i do

uh we have no further presentation to make members of the board but we're happy to

answer any questions thank you questions from the board no

Anyone else would like to testify in this case? If so, please raise your hand.

Chair, we have a phone caller with the last four digits 6318.

Call or identify him or herself and spell your name and provide us with your address.

Caller, you can unmute yourself and speak.

can you okay good afternoon can you hear me yes your full name please okay Jacqueline

Wiggins j-a-c-q-u-e-l-i-n-e Wiggins w-i-g-g-i-n-s your address ma'am 1936

Page Street, P-A-G-E.

You're swearing for him to tell the truth, the whole truth, nothing but the truth?

I do.

Thank you.

Please proceed.

Yes.

With respect to the withdrawal that Mr. Masters and Mr. Joseph spoke about, the withdrawal

of the zoning appeals for 1910 and 1938, I would just like to know that with those withdrawals,

withdrawals that should anything be built by Mr. Joseph that the two-story request of many of the

neighbors would remain in place that they would just the block would not go into any three-story

structure but it would remain a two-story structure is that correct? Ma'am I understand you want a

commitment but that would be something for the board if they were to decide to build and any

change in the agreement, they'd have to come in front of the board. They're right now withdrawing

any applications. Okay, thank you very much. Thank you, ma'am. Anyone else?

there are no other hands at this time chair

There are no other hands at this time, Chair.

There are no other hands at this time, Chair.

Okay.

Carol, would you call those?

I'm losing power.

I got to move again.

Yes.

Okay.

Hands up.

Hands up.

hands up watch your hands mr italian calendar number two seven six zero six ten forty

oh okay planning commission um first we have a question that or a comment and then a question

the comment is one of the provisos is that they would work diligently to get two day of trash

pickup. That's not a reasonable proviso that is either enforced or realistic to promise a community

that you can try. Excuse me, this is Sharon. That can't be added as proviso. It's only the revised

plans, but thank you. Yes, you are absolutely correct. I wanted to make sure that the neighbor

also was aware that that was not functional. If they're successful, I like to do the same thing

in my neighborhood so let me know how you get it done i've been here i've been here 18 years and

it's been a question for 18 years and never been a yes we're still hoping for street cleaning once

a month um the second question we have is that they've mentioned that page street was going to

be withdrawn but i don't have it written down as withdrawn so i just want to make sure that that

gets done yeah i'm going to read those into the right the chair is going to call it okay thank

you and then so our recommendation this property is indicated for residential single family

in the city's comprehensive plan and is zoned for that purpose. There are no unique characteristics

to this lot that would prevent the development of the lot in accordance with the permit for

single-family residential use and that has already been granted. The applicant has chosen to put eight

units at eight bedrooms and they don't need to. There is no requirement to maximize the amount

of bedrooms in a unit or a house. Further, while the size of the lot might warrant a variance for

open space, this is also a reason why a multi-family property would be inappropriate for this location.

Accordingly, the planning permission is opposed to the granting of the requested variances for Edgley and 19th Street.

Did you say eight bedrooms? I must have missed something.

Mr. Chairman, the eight bedrooms was permitted last year if it was a single family home.

They were issued a permit for an eight bedroom single family house.

we chose to change the design to make it much more compatible with the community and to make

it a duplex with three bedrooms in one unit and four bedrooms in another unit. So, Chairman,

that would be seven bedrooms total, two units versus one unit that would only allow three

unrelated individuals living together as a family unit. And that would include one bedroom in the

basement i believe yes yes so we are recommending for single family at this property they choose

to put in the amount of bedrooms while there is no code requirement to maximize your bedrooms or

minimize your bedrooms but we feel that two units is inappropriate could could i mr chair um have

mr joseph come and testify as to um why he is proposing the duplexes and what the community

has communicated to us around that. Thank you, Steve. One of the reasons that the community

supported this is because the lack of affordable housing in the neighborhood. And with one large

three-bedroom, I'm sorry, one large three-story, eight-bedroom, single-family house, it will only

allow for one family, where if, you know, the lack of affordable housing, everybody knows it's an

issue that's why we're proposing to do so the duplex in each we create four affordable housing

units that are smaller units rather than one large unit on each property and that's the demand that's

out there and there's very little supply it doesn't make sense to build a three-story eight-bedroom

single-family house there's next to nobody can that doesn't fit anybody's criteria where with

a three bedroom and a four bedroom and a two bedroom they all fit the criteria and the demand

that's out there and we all know what a problem the affordable housing is and this here we this

is an opportunity for affordable housing so were you sworn in yes yes yes okay

uh i don't want to belabor the point but i actually missed some of this i was losing power

so i apologize i'll move again um the bedrooms in the basement each unit each of the properties

the bedrooms in the basement each unit each of the properties has a bedroom in the basement

has a bedroom in the basement

just one with a single legal egress window well

just one one bedroom i can show them again yeah would you mind

um this one is

what's property let's see hang on let's see which address this one is this is 19th street

So we have the, this is the basement plan. We have a family room.

So on the 19th street, we don't have a bedroom showing in the basement. We have bedrooms on

the first floor and then we have the second apartment is starting at the second floor

and the third there's no no bedroom in the basement of 19th street correct right i thought i saw i i

thought i missed that all right on an edge of the street there is there is um there's the one

Oh, it's Edgley Street again.

Yeah.

So here's the Edgley Street.

You have a one-bedroom on the first floor of Edgley,

and the second bedroom is in the basement.

We have...

Yes, we have two bedrooms.

one has an oh excuse me steve hold on someone has an open mic we're hearing a radio or tv in

the background thank you sure so the the apartment on the basement and first floor of edgley there's

a bedroom on the in the basement and a bedroom on the first floor um edgley is a much smaller

lot um it's only 825 square foot lot and then for the second and the third floors

um on edgley there is one bedroom on the second floor in the kitchen in the living room and then

there's two bedrooms on the third floor

i'm starting not to start over again but does the board have any other any questions no no

any commission yes we would like to add that while they can say they want affordable housing

They have not said that they were going to what AMI level that they were going to do

or that it would be de-restricted, which means there is no guarantee that once they are built

that they will remain affordable.

So it is a concern of the Planning Commission.

We would prefer them to follow what's in the zoning code on mixed income housing bonuses

and opportunities.

Well, there isn't mixed income housing bonuses for RSA 5 zoning facility?

You are correct, but we would like your applicant to deed restrict this then, like an RM1 would require.

And hence, that's why we're recommending for single family on the single family lot.

So are you saying that you would support this application if there was a restriction for workforce housing?

No, we were asking if the board approves it, that there would be a deed restriction.

A lot of people use the term affordable housing, but there is no guarantee to follow through on it.

And so we really like to make sure that the board has the option to be able to, that it gets followed through on.

Excuse me, this is Sharon.

I think that's something that would have had to have been worked out in advance.

It's not something that the board can add as a proviso.

uh we can do a resumption hearing steven you can work some of that out

if that's your um if that's your suggestion mr chairman and suggesting that and

because of the planning commission raises a good issue an important issue

so

excuse me just to be sure that I

for my notes that I get the planning commission recommendation correct

Paula your recommendation is that it be denied and the alternative is that if it is to be

approved as duplexes that a deed restriction be entered into by the parties is that correct

We would still go for single family, but if the board is, we always recommend to applicants and the board that there should be some kind of a legal restriction, making sure that these units will stay reportable.

Thank you.

Thank you.

All right.

All right, you know what, I'm going to close the record on this, and the Board of

You know what?

I'm going to close the record on this, and the board will discuss it at our next executive session next Wednesday.

And we can work on possible provisos between now and then.

Okay.

All right.

Does that work, Sharon?

Yes, that's fine.

Thank you.

Okay, so MI 2020-002-760-1640 Edgley Street and MI 2020-003315-2035 North 19th Street.

The record is closed.

The board will discuss this at its next Wednesday session, which would be the whatever day that is.

It's Wednesday, the 17th, I believe, correct?

Yes.

Okay, thank you.

And let me, I don't think we did this earlier,

or maybe if we did, I apologize.

MI 2020-002762-1938 Page Street is withdrawn.

And MI 2020-003315-2035 North, nope, excuse me.

MI 2020-002761-1910 Page Street is withdrawn.

Did I get both of them?

Yes, you did.

Yes.

Okay.

I think we now go to...

Number eight.

Number eight.

Calendar number 1124, 4055 Richmond Street.

Tanya?

Excuse me.

I'm sorry, I'm sorry, there was some confusion with this case. A case that Sean Ward was handling

was voted for the same property for the same use. This application preceded that one. I'm not sure

whether this needs to be dismissed

or, Ms. Sunkit, do you?

Yes, this was a different

application

made by a different attorney.

We do.

I can't understand you.

How about now?

Yes.

Okay, so this was

an application made previously

by a different attorney

and it was continued

on multiple occasions and it was

brought over from hansen but we have not had any correspondence so if the board wishes to dismiss

then that would be fine because they really already kind of handled it with a different attorney

thank you it's likely moot in any case since the use was approved right all right so mi2020-001124

4055 Richmond Street is dismissed. Dismissed.

Dismissed.