through the, and that's why I don't stipulate, but I don't want to belabor the point. I think
we're all clear that this has been a longstanding four-unit dwelling. The neighborhood appears to
have agreed to that. Let me go ahead and show you the neighborhood meeting summary form.
You see here the position is non-opposition. It's dated today. So it must be that you got this very late before you prepared the list. There was a vote of one in support and five not opposed.
And here's the letter from the RCO, Cedar Park Neighbors. There was a meeting on May 21st. There was attendance by nine people and the vote was to not oppose the case.
Let me just show you some photos. It's a corner property. It's pretty large. There's multiple exits. There are multiple utility accounts here for four units.
You can see here there's actually five mail slots.
This has been four units for a long time.
There's multiple entrances and exits.
There is an area for trash storage in the rear.
Let me just show a couple other quick items.
I just want to show you the rental license so you can see.
Oh, here's some floor plans.
There's no basement bedrooms.
There's a backyard for trash storage.
i'll just quickly run through this um yeah and there's four kitchens so i mean to deny the
variance would result in an extreme hardship involving reconfiguration of the interior
rerouting of utilities and plumbing here's the zba's prior this is with the decision back in
the 40s that granted the four units here's the approved application with the permit stamp on the
right. I just want to show you the rental license, and then I'll ask my client to
accept my testimony. Here, here's the rental license. You can see here the prior owner.
Sorry, my computer's a little slow. You see it right here. There was four units.
It looks like the prior owner, Mr. Whitmire, failed to renew in 2012, so I guess that's why
my client could not obtain the four-unit rental license and got refused when he went back to get
the permit. So he had to actually move someone out. He did that because he wanted to make sure
he didn't run afoul of any violations. So he pulled a three-unit rental license. But you see
there's a long history spanning decades of four units. So with that, Mr. Chairman, I'll just say
that this is a clear hardship. I do believe that it was, the use was never abandoned. It's been
used for four units ever since. My client only moved out the fourth unit in order to be compliant
pending this hearing. So I'll ask, I believe he's already authorized to speak.
Not sure that I swore him in yet.
Okay, go ahead.
But just bring him on.
Yeah, his name is difficult. Go ahead.
He's been allowed to speak, sir.
Okay, thank you.
Good morning, sir.
Could you please state your name?
It's spelled for the court stenographer.
So the name is Negisti Ghebrehewitt, N-E-G-H-I-S-T-I-G-H-E-B-R-E-H-I-W-E-T is Ghebrehewitt's last name.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Okay. Did you hear all of my factual statements and testimony that I gave to the board today?
Is it true and accurate? And can you adopt that as your official testimony in this matter?
And the RCO meeting, the RCO letter that was transmitted to the board very recently,
you attended that meeting?
That's right.
And you sent all the necessary paperwork in advance?
Mr. Chairman, with that, I would say that that's all we have. There's no opposition in this matter.
Obviously, you can check with the public, but there's clear hardship, and this was clearly a consistent four-unit dwelling throughout since the 1940s, and it would be a clear hardship to have to reconfigure the property for three.
Thank you.
Questions or comments from our board?
No, Chair.
No, Chair.
All right, comments from our attorney, Mr. McSherry.
No chair.
Questions or comments from the virtual audience.
There are no hands to planning commission.
There are no hands here.
Planning Commission.
Good morning, everybody.
Amy Boyd with the Planning Commission.
Amy, just for the record, spell your name.
That's okay.
A-M-Y-B-O-Y-D.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
The comprehensive plan recommends no change to the residential multifamily zoning at this location.
The property has a documented history of being a four-unit multifamily building.
Planning Commission recommends that the board grant the proposed variance for four dwelling units.
Thank you. MI 2023-005-273-761 South 51st Street, I vote yes.
Ishmael Shaheed, my vote is yes.
Michael Johns, my vote is yes.
Tanada Graham, my vote is yes.
Cheryl Gaston, my vote is yes
Taya Nguyen, my vote is yes
Thank you, thank you, counsel
Thank you, welcome to all the new board members
Great to see everybody
I'm sorry to see Tanya go
Thank you
Thank you, Tanya
Number one, MI 2022
007252
3730 North 18th Street
Bernard Anastasio is the attorney
It was a meeting held May 28th, 2024 with 13th Democratic Ward.
We don't have it as of yet.
Applicant provided a petition of support signed by 22 neighbors, 15 from the 36th and 3700 block of North 18th Street.
Bernard Anastasio has been promoted.
Counsel, just for the record, state your name. You've already been sworn.
Good morning, Mr. Chair, members of the board, Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of the owner, A.J. Supta.
Our vice chair has just a few questions, sir.
Thank you.
Good morning, counsel. Do you agree to wait the reading of the refusal or stipulate to its accuracy?
Yes, sir. Good morning.
Good morning. Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?
Yes, sir.
thank you council please proceed and share your screen
okay mr chair today we have 37 30 north 17th street and we have a 60 page
a packet of exhibits that will move into evidence
application was initially for three family dwelling in an existing structure it is a shell
on a block that is, although zoned RSA 5, the actual physical properties, several of them have
gotten variances in the past, and we'll go over that in a minute, making our proposal completely
consistent with the rest of the block. But it was refused back in November because of the zoning
district. This is a site plan. Behind us is RM1, but this block itself of North 18th Street is RSA5.
And again, subject property is 3730 North 18th. And 3728, right next door, is a three-family dwelling.
3732 is a two-family dwelling 3720 22 is a two-family dwelling 3726 is a vacant lot
3724 is a two-family dwelling and across the street at 3739 there's a rooming house with
seven units that was approved by this board uh well a board uh of the zoning board uh in 2007
So our proposal for something other than single-family residential is completely consistent with all the other neighboring properties.
I'll pull out here to show the plans.
The basement would be strictly for mechanicals.
And the first floor here, once you enter the porch, first floor would be one complete unit, a very large open concept sort of unit with two bedrooms, and then, of course, the rear yard.
Each of the units, as drawn, have dedicated trash closets with venting.
And the proposal was to have the second floor its own unit and the third floor its own unit.
Since our meeting with the RCO, my client, under consultation with me and my office, my client has agreed to reduce the number of units requested to two units, which would be, in fact, the least possible variance from the one unit.
Since our meeting with the RCO, my client and...
And it would be completely consistent with a majority of the units on that side of the homes on that side of the block.
So we are proposing a two-family dwelling instead of the initial three-family, and we
would simply unify the second and third floor.
So the first floor would be its own separate private unit.
There would be, these stairs would remain that go up to the second floor.
Second and third floor would be one unit.
As you can see, the third floor is rather short, so it can easily be incorporated into
the second floor.
this is the property as it exists. It has been in major disrepair. My client did purchase the
property a few years ago, did in fact try and shore it up. There were squatters. Folks actually
stole the piping out of there. Here's a photo with even the back door open at one point.
All of that has been secured currently, but there were some issues with the property and we have
been trying to to shore it up while we go through this process as you can see the interior is a
complete cut job so it will need a complete rehab ostensibly a brand new property we have history
of the property itself second where you can see in fact in 1996 it went from a legal one family
dwelling to a legal two family dwelling page uh yep page 47 and 48 show that there's some immediate
neighbors and we have an aerial of the of the block itself so uh because historically this
property has been since 1996 a two-family dwelling can i go back you have an rco letter
no that i don't have i met with them but i have not thank you yep um and i the feedback and i'll
you know, I know this is on the record, but I can't speak for the RCO. But the feedback that
we got was, I think that they would have preferred it being at least, you know, less than the three
family dwelling, which is why my client came to the conclusion and landed on bringing it down to
two family, which would be consistent with the immediate neighbors, is consistent with the
properties right next door. And it would be less dense. So because of the historic use of the
property, being a two-family dwelling since 1996, prior to going vacant. And because, again, 3728,
32, 22, 24, 39, and 26 all are either two-family, three-family, a rooming house, or vacant,
and because a fully rehabbed new single-family home of this size on this block would, in fact,
be difficult to lease at a price point that would be sustainable to in fact maintain the property
in really good condition uh we respectfully request that this variance be granted thank you
you want to bring your yeah bring your final aj if you could please raise your hand
aj single okay i'm looking for him now
the only person i see with a hand raised name is punam single that would be right okay
yeah that's his indian name thank you good morning sir could you please state your name
and spell for the court stenographer? Ajay Singal. Could you spell it, please? A-J-A-Y and last name
S-I-N-G-H-A-L. You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Please proceed, counsel. Thank you, Mr. Chair. AJ, did you hear my presentation to the
board this morning? Yes, I did. Is it true and accurate to the best of your knowledge?
Yes, it is.
As a result of the RCO meeting and our consultation, have you agreed to reduce the number of units
requested from three down to two?
Thank you.
Thank you.
And do you adopt my presentation as your own testimony?
And do you adopt my presentation as your own testimony?
Thank you.
I have nothing further, Mr. Chair.
Questions from the board.
No, Chair.
Good morning, counsel.
Good morning.
uh you have presented or are going to present some sort of revised plan to the community group
no uh it was uh thought that the second and third floor would just be incorporated the third floor
is rather short so the layout would remain the same the only difference would be that there
would be no kitchen on the third floor it would just be additional bedrooms okay so you're going
to incorporate the second third floor into what would be in effect of a two-story unit if you will
it's a it's a that's correct it would be a bi-level unit because the property itself is three floors
Okay. And you said something about vented trash storage. What do you mean by that?
Yep. Sometimes when we can, if there's not adequate outdoor space where clients can store their outdoor trash and get to a common area, we'll ask for trash closets.
and oftentimes those closets can have vents that vent to the outside and if you'll notice
uh the the proposed closets all are on walls in which they could have uh like air vents so it
doesn't smell okay and that vent would be what through the roof yeah uh yep it would it would
go from the outside wall up to the uh it's not a mechanical vent it's more like a bathroom like a
bathroom vent the same same sort of vent that you would get in a restroom it would there would
there'd be one in the uh yeah it wouldn't be like an ancel sort of system or anything like that like
a kitchen like a commercial thing but it would be a vent that typically is a new construction
in in restrooms which are it's actually required in restrooms all right thank you yep any other
questions from the board yeah i do have a quick question so this you're combining the second and
third floor into the one unit and how many bedrooms are they proposing for that it'll be
three bedrooms and uh there'll be a home office with no closet okay so so three bedrooms home
office and the second i guess that second floor that whole front is going to be um
living dining and living dining and kitchen okay all right it'll also give us ample space for more
storage and closet space any other questions from the board