so i think we had yeah go ahead oh no i was just going to ask if there's any particular hardship
for not um maintaining the single family zoning uh the hardship as we see it is the fact that it had
uh the hardship as we see it is the fact that it had existed as a multi-family and but also
existed.
this is a large lot um i'll get you the the dimensions as well uh it's a 2553 square foot
uh lot is the intent to keep the tree in the front yard uh hi could you speak to that well we we do
intend to keep the tree in the front yard um that's that was uh already discussed i think
at the last hearing as well and can you show the basement plan again please
Okay, thank you. I have no further question.
Questions from our attorney?
Yes, just to clarify, I know you're asking for two dwelling units now and not for three.
Is there any change? Was there any change to the envelope of the building as a result of that?
Because there was not a new site plan submitted?
Oh, hold on. I might have put the wrong thing up. Hi, did I put up the wrong document?
I see your email.
I believe so. So I think speaking to the basement, we've added light wells as discussed in the last hearing, as well as a rear egress. Yep, here it is.
All right. So let's start with what caught some flack. And Board, I apologize. For some reason, this was not in my folder.
That's a little different.
Now you've got the houses that fetch the neighborhood.
All right. So blame Joe, please. My client fixed it.
All right. So that hopefully appears a little more palatable.
I will say, I think like all of the pitch roofs are twins, like they're next to another pitch
roof and there was an opportunity here to continue that down the street and continue the like
uniform look of the block um understanding that this was the third floor but that's my only comment
okay now i'll go back i think i think i think i have the same comment uh and i think it would be
easy to accomplish even if it's not a real uh a frame there could be something done with the
front facade to at least give some respect to the rest of the facades on
the block okay and then back to the plan time what would you want me to point
out so we added the rear egress at the top right there you can see there's
stairs and doors leading out to the surface level as well as more light
wells in the bedroom living areas with the addition of the basement walkout can you still walk
out from the rear of the first floor as well that's that's correct okay i'm on the first floor
two exits to that carport okay all right and just to for for my clarification purposes if
If you are proposing changes to the exterior layout
of the building, those need to be submitted
as a site plan.
If the board grants this, we can't stamp floor plans
and we need a site plan,
just an updated version of what was submitted to L&I.
Questions or comments from the virtual audience?
Chair, I do not see any hands raised.
Planning Commission. Madison Matera, Planning Commission staff. The comprehensive plan recommends no change from the current RSA 5 residential single family zoning at this location. The appellant has supported their hardship claim with evidence of unique physical conditions or circumstances of the property. Planning Commission recommends that the board grant the requested variance for multifamily with proviso maximum two units.
right Hillary I want to hold this to next Wednesday and take it to executive
session and vote on it at 930 okay no problem and and mr. console in the
meantime can you please submit revised site plan and proviso form indicating
the changes from the original proposal yes thank you also just just all just
also just one thing on this site plan I thought of on the basement plan I
believe i saw something that said carport now is that a covered carport or it says carport as opposed
Now, is that a covered carport or it says carport as opposed to just parking stalls?
Are we going to mean this carport?
So I'm proposing a roofed area.
No, no, we're not proposing a roof area.
It's it's going to be just a parking space for residents.
Thank you.
Thank you, Mr. Consul.
Okay, we're going to move on to number 6 and number 7, MI 2025 002 577 59 East Clappierre
Street and number 7, MI 2025 003 898 61 East Clappierre Street.
These are both resumptive hearings, Mr. Counsel, could you please state your name and spell
for court stenographer certainly good morning chair sean whalen w-h-a-l-e-n here on behalf
of the owners of the property right you swear or affirm to tell the truth the whole truth and
nothing but the truth yes i do and i understand what updates from you on where we stand then
there'll be questions from the board public testimony and then the planning commission okay
yes so why don't you just give us a brief overview of where you were and then start
your presentation? Yes. So very briefly, I filed this appeal back in April, began, as I told the
board, May through roughly early October, trying to schedule an RCO meeting with the coordinating
RCO, the Wakefield 49ers. That's Ms. Roz McKelvey. She did eventually schedule one for like the first
second week of november and then when i called to confirm the date with her and the information
for the rco notice letter roughly a week and a half two weeks before that she advised me that
unfortunately she had to have some serious medical procedure and had to cancel that meeting so we
were not able to have after all that time have the meeting eventually so at the suggestion and
support of the councilwoman's office charles richardson we had a here and hold on december
16th before the board so i presented the case and we are seeking only two duplexes here the entire
neighborhood was originally set up in the 60s and 70s as duplexes this is a very dilapidated block
61 east clapier is structurally set up as a as a duplex it was most recently as i stated before
used as an illegal rooming house there were kitchenettes put in all the different rooms
all of that's going to get cleared out we're just trying to legalize that as a duplex
59 east clapier we believe but cannot testify to is a duplex i have interior photos it's
uh so dilapidated and deteriorated inside uh you can't even really get upstairs so there are just
a few photos from the downstairs showing what bad shape that's in um so what we then did is
immediately after the hearing i reached out to both the 12th ward democratic committee which
is the other rco in the in this region as well as the wakefield 49ers to try to set up another
meeting i forwarded that email to the board i received no response from either rco to try to
set up a meeting in advance of this hearing then sean smalley from the councilwoman's office
separately and independently reached out to both rcos in an attempt to try to schedule an rco meeting
my understanding is that because i was cc'd on the email and provided a copy of the email
that neither RCO responded to that email either I posted the property for the December 12th in
advance of the December 12th hearing and I also sent out an RCO notice letter with a certificate
of mailing for both properties in advance of that I also reposted the property for this matter and
And to my under, I have not received any communications from anyone in the neighborhood, honestly supportive or in opposition, and to my understanding, based on, you know, either the letter that went out or the two postings, neither has the councilman's office.
So at this time, I would respectfully request to move forward to a vote without doing it again.
We have two existing structures.
The hardship is already in place, and we're only seeking the least minimum variance, which is a duplex in each one.
Both will have roughly two 1,500-square-foot apartments.
um apartments so these are going to be very large family-oriented apartments uh most of the block
So these are going to be very large, family-oriented apartments.
from down from us to the south is uh actually has been demolished by the city over time
so we have i think it's six or seven vacant lots uh next to us so this is an attempt to try to
revitalize this neighborhood um and the i don't know that you will need to speak with her but
Saba Tedla is the woman behind this. It's just a single woman developer who's trying to develop
these properties. Thank you. So, why don't you show the plans again real quick? Of course.
Sorry, joining us. Do you have anything? Are people in the basement sleeping in the basement
there? There are going to be no basement bedrooms. We're happy to accept. Okay.
right that was yours right that was you
need my hearing notes um okay so the first thing that just came up sorry is uh oops
all right hopefully you can see this this is the historical map from the zoning archive
it shows when this was built all the twos and threes on each property show the number of units
for each one so this property what you know sure most of these properties have no zoning archive
just to be to be clear because they were all built at the time back then there are a number
of indications of duplexes you know multiple trash cans you know with a one and two out front
mailboxes uh things like that um but not legalized so let me again each of these has
you don't need the map uh here is the property on the left is 59 east clapier it is a standalone
61 east clapier is right next to it it is a twin that is fully built out and what you can see here
to the left or those are all the vacant lots the this side of the block that you can see on on my
side of the screen is essentially the same again most of these having been you know demoed by the
city because of dilapidating conditions everything is rsa3 again for both i include both refusals
both refusals are solely uh one use refusal for multi multi-family housing to a duplex instead
of single family here's a copy of the letter i sent
and the RCO notice I'm trying to get here we go so here's a picture of what it
looks like you know last fall obviously no four feet of snow in front of the
property this is 61 right here on the left and then right adjacent to it is 59
um here are the interior photos for let me see so there we go
these are the interior photos for um 61 you can see it's still in decent shape there's
not going to be any new structural uh reconstruction of what you're seeing right
now this is all going to get skinned i mean it's it's not well kept at the one
And he shows the drawings of what it's going to look like.
Oh, sure.
Plans.
Okay, so.
Didn't zoom in. So this is 61 clap here.
You can see the 1st floor. You'll enter on the 1st floor.
Have living space, the shared hallway, and then you immediately go up to the 2nd.
I'll do the top floor 1st.
um these are the top two floors again you have you come up these stairs you have this hallway
you have a bedroom in the back two bedrooms in the back bathroom in the middle
two bedrooms in the back bathroom in the middle bathroom for this master bedroom in the front
and then actually the kitchen is going to go on the top floor with the living room and laundry
up there and there will be what's already approved a existing walkout I believe this is technically a
balcony even though it's labeled as a roof deck you walk out this existing third floor onto this
is the roof of the second floor that's already existing um and then the
first floor you walk in immediately into the living room you have the kitchen the hallway
and the bath that that again is all existing and then in the basement you would have some
extra living space purposely and again we are accepting of a no bedrooms in the basement
yeah the next one joe i mean um sean yeah that's what uh i apologize 59 i didn't have open i
I actually accidentally fat-thumbed it and closed it while you were asking.
There we go.
Here we go.
So this is 59 East Clapier.
So you come in here.
This is the entrance. This is the existing porch, living room, dining room. I apologize for that. Kitchen. And then upstairs, you're going to have actually one, two, three, four bedrooms. So this is very large. And then this is the existing basement.
and those are the existing conditions and then what we have now is again the first floor come
in you have this shared hall exactly built out like the other one go in you have a living room
dining room here the existing kitchen and then there's one bedroom in the back and then you have
uh the three bedrooms up at the top and then in the basement and here sorry the third floor
so the third floor again will have the dining room living room and kitchen
and uh the walkout deck in the rear why don't you bring your client on certainly
can you go back to the basement
this is 59
and again the intention is to make it
you know it is currently unfinished I can show you the picture of it being
entirely unfinished and we are accepting of a no bedrooms
in the basement proviso
client's name again saba s-a-b-a tedla t-e-d-l-a she told me she'd be on she had
kids home on a school delay this morning so as many of us are scrambling
Sabatetla please raise your virtual hand away to be sworn in
I know she was on earlier Sabatetla she says she's on the call Mr Whelan she's the owner for
both of the llc's that are both properties she's the sole member of both sorry thank you um all
right raise all right she said she's on and she'll raise her hand now
Do we see your hand?
Not yet, Mr. Chair.
Sabatetler, if you're still in the virtual
If you're still in the virtual audience, please raise your virtual hand to wait to be sworn in.
Sean, as an officer, the court will take your testimony.
questions for that what's the question more a comment I mean I said it before I think there's
no way we can skin it the basement has two bedrooms and a bathroom a full bathroom that's
how it's going to get appraised that's how it's going to we could say whatever we want and that
is what those two rooms are going to end up being used as so I don't really understand why your
client would be open to a no bedrooms in the basement proviso because it would say no basement
living and would render the entire bottom floor like infeasible from a real estate perspective but
she's not here so i understand i i i agree i mean if it's if it looks like a duck and cracks like a
duck it's a duck right you know you've got egress windows you've got a full bath you've got full
closets in both and to think that there would only be one bedroom on the first
floor with this huge amount of space dedicated on the basement with just
office and gym and all those things it's a it's it's it seems somewhat
species other questions questions or comments from our attorney not at this time mr chair
questions or comments from the virtual audience or the current audience
i do not see any hints mr chair on any commission i think we already gave our testimony but i have
no additional comments okay um we're going to hold this the next wednesday and we'll talk to
the board about it um hillary i want it to be closed unless he wants to respond in any way
next week i mean is that i mean if he if he talks to his client and changes his mood about
or changes their ideas about the basement um i don't want to give it a resumptive hearing what
want to do is okay all right so it's closed unless your client has additional comments
to share about uh the basement issues the board are we not leaving it open for the rco too
well they i mean no they've already now okay yeah i mean yeah three times yeah okay we're just we're