all with most of within 350 feet of the property many on wyelusing and on pens grove which is
immediately behind the subject property i move these two into evidence thank you hillary anything
else that's all mr chair thank you questions or comments from the virtual audience um yes chair
I have a Ross Mann with their hand raised.
I will allow them to speak at this time.
Could you state your name, please, and spell for the court stenographer?
Ross Mann, R-O-S-S-M-A-N-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Are you a neighbor?
Yes, sir.
I'm on the adjacent block.
Proceed.
uh briefly i have uh i have no concern about multi-family development so yes i believe the
neighborhood does need it however i wish to see i would hope to see some more developments um in
line with the with the character of the properties in the neighborhood many of these properties are
19 19th century homes um and my only concern is the three-story structure
thank you for taking the time to call us we appreciate it
just for just for a note they are all brick facades and all within the height requirements
okay is there anyone else in the virtual audience
yes mr chair um earfin raza with their hand raised i won't allow them to speak at this time
sure hi could you state your name please and spell for the court stenographer
My name is Irfan Raza, I-R-F-A-N-R-A-Z-A.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Are you a neighbor?
Yes. I'm the owner of 3971 Y Lusing Ave, which is on the block.
Okay, proceed.
I'm in full support of this project because I believe the block desperately needs more development.
As Vern stated earlier, there are many dilapidated houses, many vacant properties.
The developer came in and had beautiful previous projects on the block and in the neighborhood.
And I personally believe that duplexes would be a great addition to allow for more affordable rental options and a more diverse pool of property.
Thank you.
Thank you for taking the time to call.
Is there anyone else in the virtual audience?
Yes, Mr. Chair, Tarek McAllister.
With their hand raised, I will allow them to speak at this time.
Hi, could you state your name, please, and spell for the court stenographer?
Yes, sir.
Good morning.
Tarek, T-A-R-I-K, McAllister, M-C-A-L-L-I-S-T-E-R.
Right.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Are you a neighbor?
Please proceed.
um i'm not only a neighbor but i've grown up on this on this block pretty much my entire life
um had an opportunity to meet the developer um and i was very happy to see the work that they
were able to do on the block and um i did attend the first rco meeting um as far as i'm concerned
the only rco meeting that took place with this because as stated the second one was not done in
good faith because I was in full support of it, the first one, but was not notified of the second
one. And I made it clear then that I'm in support of it because I think it's needed. I think it was
the effort to bring single family homes to the block has already been made. And someone like
myself would benefit from there also being a variety, such as a duplex option. As I look to
stay in the neighborhood and currently look to rent in the neighborhood and having a duplex on
the block would allow me to do that. Okay. Thank you for taking the time to call.
uh would allow me to do that okay um thank you for taking the time to call so we appreciate
your input is there anyone else yes mr chair a christina cultural with their hand raised
i've allowed them to speak at this time
good morning could you state your name please and spell for the court sonographer can you hear me
i can okay my name is christina cultural and uh i am your name please please spell your name for
the court reporter c-r-i-s-t-i-n-a my last name is cultural c-o-l-t-r-o right do you swear a firm
to tell the truth the whole truth nothing but the truth yes i do are you a neighbor um i own a
property at uh 3963 pens grove so it's in the neighborhood okay could proceed please yes um i
just wanted to state I've seen the developments by this developer and I'm very pleased with what
they have come up with. I am in favor of this project because I think this neighborhood needs
desperately to be developed. We need properties like this to be affordable for people in the
neighborhood and to decrease the amount of vacant properties that we have on that specific block.
So I'm in full support, and I hope this project goes through.
Thank you for taking the time, Nicole, and we appreciate your input.
Is there anyone else in the virtual audience?
Yes, Roberto Machado with the hand raised.
Hi, could you state your name, please, and spell for the court sonographer?
Roberto.
roberto machado please unmute
once more roberto machado please unmute
is there anyone else in the audience yes mr chair a roberta connor levy i've allowed them to speak
hi could you state your name please and spell for the court stenographer
can you hear me now i can could you state your name for the court
roberta r-o-b-e-r-t-a-l-i-g-h-t-y connor c-o-n-n-o-r roberta lighty connor
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Are you a neighbor?
I live one block over.
Are you in favor of this project or against?
Against.
Could you give us a little overview of why?
because several of our organizations in the community have been working very hard over the years
to keep our community in with the zoning codes of single-family dwellings.
And we also have worked very hard with the turnkey program to bring affordable housing to this community.
That's the first thing. What I resent is that they have turned everything around, most things, in favor of this type of development.
From what I understand, from the last two meetings, those petitions that were put up were not in favor of this project.
Now, that's what I understood. I may be wrong, but I do not think so. I resent the fact that they come and talk about our community negatively when a lot of the senior patriarchs here have labored through the years to work hard in developing this community.
And now it is coming into full fruition. What I would say is that I hope that people would search their souls when they say, I will tell the truth and nothing but the whole truth, because some of what I heard is not the truth. That's all I have to say. Thank you.
Mr. Chair, can I briefly cross-examine?
Sure. Thank you.
Thank you.
Ms. Lightly, are you there?
Ms. Lightly, are you there?
No, you may not cross-examine
because your client was very rude
and very disrespectful to this community.
Ms. Lightly, I have a right to cross-examine.
I do not appreciate that.
Ms. Lightly, Mr. Chair, may I proceed?
Proceed.
If she doesn't want to talk, I mean...
Ms. Lightly, are you prepared to be cross-examined?
I'm not on trial here.
Thank you.
And I will not consent.
Very well.
Let the record reflect that the witness has broken with civil procedure preventing me
from cross-examining, which is my right and which immediately prejudices my client.
Thank you.
Thank you.
Is there anyone else in the virtual audience?
No further hands.
okay mr chair planning commission uh ron bednar city planning this um recommendation is for 34 14
39 33 39 75 why losing um these three properties are all indicated for a single family residential
in the district plant on the comprehensive plan this block was recently re re re zoned rsa 5 as
recommended by the district plan. The applicant's hardship is not supported with evidence of any
physical circumstances or condition of the property that would prevent them from being used
conforming with the code. Therefore, we recommend the inquest of variance not be granted.
Mr. Chair, I just want to make briefly say that again, and the Planning Commission probably
doesn't know this, but under the Marshall Court and the Metal Green, if we produce evidence that
shows that there is no viable economic use as a single-family home, and that is proof in bricks
right on the block itself, plus in evidence, then the hardship requirement has been met.
We have overwhelming support of the immediate neighbors, and not only that have testified today,
but that signed the petition of support to nearly 30 individual households. So with that,
Now, then, because we've met the burden, in my opinion, because 54% of the block is vacant and could use, we're not talking about a large multifamily development.
We're talking about duplexes.
And because the RCO process was unfortunately hijacked and operated at the end in bad faith, we respectfully request the granting of the variance.
so number five i'm going to list the cases first number five mi 2023 001 605 excuse me mr chair
um i just wanted to um note that we do need to hold the vote on these i know but i want to
i want to go back and mention sure okay i thank you sure so number five 2023 001 605
3914 while loosing and number nine
MI 2023-001-604-3975 while loosing and number 18
MI 2023-001-608-3933 while loosing all three the vote will be held
to handle the tax
clearance. Okay? Thank you, Mr. Chair. The record is
closed, otherwise. The record is closed, yes. Thank you, Ms. Emerson.
Okay. All right. Let's move on here.
All right.
Okay. Number
2023-000-111-3401-Royer Street.
David Garcia is the attorney.
Letter of support from IMPACT.
Letter of non-opposition from Council Member Lozada.
They will be coming back in as a panelist shortly, sir.
Thank you.
We see David Garcia.
Yes, he's in here now, Chair. Mr. Garcia, can you please unmute yourself?
There we go. Mr. Chairman?
Good morning. Could you state your name, please, and spell for the court sonographer?
Yes, it's David Garcia, DAV ID, G-A-R-C-I-A, ID number 54351.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, Mr. Chairman.
Could you identify your client and relationship to this property?
He is the owner.
That would be Adelivi Torres.
He's operating a garage at the moment at the location at Motion Auto Shop.
So he should be participating by phone, Mr. Chairman.
And our vice chair has just a few questions for you, sir.
Yes, sir.
Good morning, counsel.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, sir.
Have you emailed in all the required documents and exhibits that are needed and required to proceed with this case five days in advance of this hearing?
Yes, sir.
Thank you.
Please proceed and share your screen.
Mr. Chairman, I'm just going to go straight to the share screen.
this is a uh a property located at 3401 war street let me just here
i'm sorry mr sharp let me just
confirmed to my client
that we're on
we don't see your screen yet
yeah it's loading up
I think I forgot to feed the squirrels
this morning
but in the meantime
as I said this is a property
it's about
about 3700 square feet it is being used as a vehicle repair shop here we go
as well as for maintenance the variance we're seeking is to legalize what it's being used at
the present time I know in the filing of the variance and I'll just go through