Can you please unmute yourself and wait for the chair?
State your name, please.
can you can you unmute yourself you might be on mute
she's been unmuted hi could you state your name and spell for a court reporter
miss malad
counselor you're an officer of the court we will take your testimony questions from the board
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no hands, Chair.
Hi, Planning Commission.
Thank you, Chair Bergman and Board Members.
David Fechtow with the City Planning Commission.
The comprehensive plan recommends no change to the commercial mixed-use zoning at this location.
the applicant has shown that the proposed assembly and entertainment will have no more of an impact
than such a use would be expected to have the city planning commission recommends the board grant the
special exception for assembly and entertainment thank you um mi 2022 mi 2022 004 812 140 west
roosevelt boulevard i vote yes for temporary special exception to expire 2-1-26
thomas holliman my vote is yes with proviso
james snell my vote is yes with proviso
my vote is yes we're proviso thank you council thank you all right number six MI 2022 004 811
6027 to 29 vine street henry clinton is the attorney recommendation of support from
hmc square community association mr clinton is coming back and is a panelist now chair
good afternoon mr chairman members of the board council you've already been sworn today could
you just state your name for the record henry clinton c-l-i-n-t-o-n and who could you identify
your client in relationship to the property sure my client is brian phillips he's the owner of the
property, and he is on the call. Okay. Ishmael Shahid has just a few questions for you.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to
his accuracy? I do. Have you emailed all of the required documents that were needed
for this here in five days in advance of today? Yes, we have. Thank you. Please proceed to share
your screen thank you mr she is that visible mr chairman it is that's fine uh good afternoon
henry clinton again for the applicant brian phillips concerning 60 27 and 29 vine street
this is the presentation package uh containing exhibits aa through a10 which i asked to be
admitted into the record. Refusal. This property is on a corner. It's zoned CMX1, but because of
the strict reading of the code, it indicates that if a CMX1 property or any property is abuts an
RSA5 zoning district, then the more restrictive of the zoning code, which is RSA5, what a
then the more restrictive of the zoning code, which is RSA-5, would apply.
Historically, this has been a commercial property since the 30s.
It housed a club as well as an office, and I have those records to show you at the end of my presentation.
As the chairman mentioned, we do have a letter of support from the RCO, HMC Squared Community Association.
and they've even given a letter of rationale as to why
that we have unique physical circumstances.
We have physical conditions that do not permit the strict conformity
with the zoning code and that the use will not alter the essential character
of the neighborhood or permanently impair the appropriate use
or development of any adjacent properties.
Some aerial photographs to give the board some perspective.
These are the properties at the corner.
As you get a closer view, you can see they once were a commercial use.
Again, there used to be a club on the first floor.
And as I understand it, office is on the second floor.
I've not been able to find out how long it's been vacant,
but it certainly seems like it's been vacant for quite a long time.
And the neighbors in the neighborhood are happy that someone's going to
basically revitalize this corner.
This is another photograph just looking down the other side of the building.
A close-up indicating the...
So basically, these are the plans. We're not going to enlarge the footprint.
We're not going to increase the height. We're going to restore the cornice. It is a nice cornice
area as well as the bay and do some brickwork on the side of the building.
and then on the front of the building again we're going to try to restore the facade to a certain
point and then in terms of the floor plan again mr chairman we're not changing the footprint
whatsoever the basement will have house the mechanicals on the first floor will be commercial
space still stay as commercial space right now it's vacant we don't really have a particular use
for it. We've been soliciting from the neighborhood and from the community group to try to get
perhaps a local business, maybe retail. But again, if that happens, we may have to come back to the
board for a use certificate. Pretty simple on the second floor of the corner property, which is the
larger of the two. We're going to have three bedrooms, kitchen, bath. And then on the other
property, which has a smaller footprint. It would be a two-bedroom setup with two bathrooms.
What I wanted to do, Mr. Chairman, is move to the end of the presentation
and show you the historical use of these buildings. And here it is, the zoning map.
Again, here's the corner, CMX1 surrounded by RSA5. And as the board knows, the CMX1 designation,
were not next to RSA5, would permit commercial on the first and at least one unit above.
These are the other typical documents you would see in a zoning presentation.
This is 1627 and 29 Vine Street.
You can see that at one point it was a club on the first floor, sealed off, and then offices on the second floor.
This is from 1976. And we even went back further to find in 1974, the same thing, offices and a club. And then we went back further to 1939. Back then it was a store and then a one family above.
So we're basically asking the board to revitalize the former use of that corner property and permit commercial on the first with residential above.
It will not impair the lighter air of any adjacent property.
It's in harmony with what the neighborhood wants.
We are not asking for any relief with regard to height, open space, or rear yard.
Again, we're keeping the same footprint, and we believe that this is not detrimental to the public health.
And with that, Mr. Chairman, I rest and ask my client to unmute himself and ask him to adopt my testimony,
and we'll entertain any questions that the board may have.
Thank you.
What's your client's name again?
Brian Phillips.
Mr. Phillips, can you unmute yourself by raising your hand?
Mr. Phillips, can you please unmute yourself and wait for the chair?
Yes. Mr. Phillips, can you please unmute yourself and wait for the chair?
Mr. Phillips, could you state your name and spell for the court reporter, please?
Brian Phillips, B-R-I-A-N-P-H-I-L-L-I-P-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Proceed, counsel.
Mr. Phillips, were you on the call when I just presented the project that you intend to have constructed?
if you had the opportunity to testify would you adopt my testimony as yours and as true and
correct yes thank you mr phillips all right questions from the board
no mr chairman no mr chairman no mr chairman questions or comments from the virtual audience
i see no hands chair my planning commission thank you chair bergman and board members
David Fecto, City Planning Commission. The comprehensive plan recommends no change in
the commercial mixed use zoning at this location. This property was built with commercial units on
the ground floor. The applicant has shown that the CMX1 zoning, which picks up the restrictions
of the adjacent single-family zoning, creates a clear hardship that would prevent the viable
use of this property. The City Planning Commission recommends the board grant the use variance for
two commercial units. Thank you. MI 2022, 004-811, 6027-29 Vine Street, I vote yes.
I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes. Thank you. Mr. Clinton, please stay on.
Will do. Thank you, Mr. Chairman.
Number eight, MI-2022-004-800-2638 North 11th Street.
Recommendation of support from the 37th Ward.
Could you identify your client in relationship to the property?
My client is Rafi, R-A-F-I, Bulk, B-A-L-K, and he's on the call.
All right.
Our vice chair, Mr. Shahid, has a couple of questions for you.
do you agree do you agree to waive the reading of the refusal and stipulate to his accuracy
i do have you emailed all the exhibits that were required to hear this case five days in advance
to this hearing i have thank you mr clinton please proceed and share your screen thank you
Mr. Shahid. Good afternoon again, Mr. Chairman. Henry Clinton on behalf of the applicant and
principal, Rafi Bulk. This is my presentation package, which contains exhibits AA through
A10, and I have some zoning records that I'll show you at the end of the presentation.
the refusal uh because we are in an overlay district uh there's a restrictive use on how
many square feet you're allowed if you're going to have apartments in this multi-family building
so our request is for three units based on the calculations we're about 150 square feet
on lat size off a bi-right designation for a three-family unit.
If we were under the typical RM1 zoning district,
we would only need 1,085 square feet for the three-family dwelling,
and the requirement is 1,120.
But historically on this block, and I'll show you from photographs
and from zoning approvals, there are five triplexes already on the block.
uh and there are two that were approved by the board within a year uh a year and a half i believe
was march of 2022 and i actually was the attorney for one of the applicants in that situation and
i'll show the board that as i walk through this presentation uh so we did meet with the 37th ward
and they voted overwhelmingly in support of this application
uh these are photographs of the block uh north 11th street looking west uh there are five
triplexes right here five three family uh 2630 2632 has been approved for three family and we're
asking for a similar designation down toward the end of the block again there's some vacant lots
on this block remain and perhaps the community group was was trying to again continue to spur
development and then across the street there's a school so it has a real commercial look
And then across the street, there's a school. So it has a real commercial look across the street, not necessarily a single family block.
This is looking south on 11th Street. This is a church toward the end of the block. And this is a parking lot across the street.
This is a view looking north of the existing five free family dwellings.
is our zoning notice again indicating vacant lots on the northern part of this particular block
and these are the zoning plans zoning z1 again it's a rather large lot it's 70 feet deep we don't
have any issues with rear yard or open space and we're not asking for any relief with regard to
height we're asking for what some would consider a diminuous variation from the overlay requirements
uh the community group like the the look of the brick on the front as well as the as the windows
bringing light and air into the property uh this is the floor plan for the dwelling basically the
first floor and basement will be one unit and just want to point out to the board we do have a
separate trash closet for each unit. The second unit would be the second floor, about 650 square
feet, and that would have two bedrooms with one bath and a galley kitchen. And then on the third
floor, again, it would be a two-bedroom, almost a mirror of the second floor with one bath and again
a designated trashy area and the third floor would have access to a rooftop deck we consider
this proposal uh in line with the majority of the block being that there's already five and
will be two additional triplexes on the block bringing seven on the west side of that street
and on the east side of the block it's taken up mainly by the hope partnership school
we've had the continuing support of the community group. We're not impacting later air of any
adjacent properties. We are also not detrimental to the public welfare of this project as approved.
We believe that's a unique physical circumstance because of a large lot and because of the
existing composition of other homes on the block that this three-story, three-family
property will fit in with the block and in with the wants and needs of the community.
With that, Mr. Chairman, I'd like to rest my case and ask my client to unmute himself,
adopt my testimony, and take any questions that maybe the board or any members of the audience
may have. What's your client's name again? Mr. Bulk, B-A-L-K. Mr. Bulk, please unmute yourself
We'll wait for the chair.
Hi, could you state your name, please, and spell for the court reporter?
Yes, my name is Rosalyn Balk, R-U-S-L-A-N-B-A-L-K.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Proceed, counsel.
Mr. Balk, were you on the call when I presented your project?
Yes, Hank, yes.
If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?
Thank you, Mr. Ball.
Questions from the board?
Yes or no, Mr. Chairman.
Questions and comments from the virtual audience?
Planning Commission.
Thank you, Chair Bergman and board members.
David Fexto, City Planning Commission.
The comprehensive plan recommends a change in zoning at this location.
the residential single family since the neighborhood has not been rezoned since 1933
we will base our recommendation on the current multi-family zoning there is no unique physical
condition of this 1101 square foot lot that would prevent it from being used in conformance with the
zoning code the applicant has not shown that the three units planned is the minimum needed to
provide relief from the zoning code and so the city planning commission recommended the board
to neither request the case variance.
Clint, do you want to respond?
Just because of the nature of the block,
the comprehensive plan is changing,
but we applied prior to any change,
and certainly it hasn't changed yet.
And it's basically mirroring the other uses on the block.
Seven properties on that west side of 11th Street