No, there's nothing on it here.
Okay, so your argument about hardship is one of the other definitions, which is not just that it's unique, that the property itself is unique, but that there's some physical, not just physical condition of the property.
But the area where it's located, such that it can't be used as zone. So your argument is that mid-block, a commercial use is simply not viable as a zoning ad.
That is certainly one part of the hardship argument I made.
Right. And you're saying that there's been no historic use of this property or as a commercial kind of property and that there's been approval across the street for a property with even more units and no commercial. Is that what I'm hearing?
That is all correct, although the approval was for the adjacent property next door to us.
I'm sorry, adjacent property.
Yeah, it's being built up next to us all the way to the corner at Diamond.
All right, any other questions from the board?
Questions or comments from our attorney?
No, Chair.
Questions or comments from the virtual audience?
No hands, Chair.
Planning Commission?
Amy Boyd with the Planning Commission.
The comprehensive plan recommends a zoning map change from CMX2 commercial mixed use
to RM1 residential multifamily at this location.
The proposed change of use of the vacant ground floor commercial space to household dwelling
unit is more consistent with the proposed zoning.
Therefore, the Planning Commission recommends that the Zoning Board grant the requested
variance, for no ground floor commercial, and for three household dwelling units.
Mr. Whalen, we've had a lot of comments on this. I'm going to take it back to next week
in executive session. We'll vote on this on the 17th at 9 30 a.m. Thank you, Mr. Whalen. Mr. Whalen,
please stay on. I know you get a double dose of me. I apologize. That's that's okay. That's
MI 2023-004-946-1938 North 32nd Street.
There's support from the Strawberry Mansion CDC.
Tanetta Graham has recused herself from this case.
Mr. Whalen, could you identify your client in relationship to the property?
Certainly.
Give me a second.
I just got to pull up the right documents now.
uh sean whalen here on behalf of i'm about to show you the last matter uh here on behalf of
the owner uh dan hewitt is here for the owner the owner is light up gold all separate words
capitalized llc and my client is dan hewitt uh who will be testifying today uh our vice chair
has a few questions.
Good morning, counsel.
Do you agree to waive the reading of the refusal
or stipulate to the accuracy?
Yes, I do.
Have you emailed in all the required documents
and exhibits that is needed to proceed with this case
five days in advance of this hearing?
Yes, I will.
Or yes, I did.
Yes, thank you, counsel.
Please proceed and share your screen.
So this matter is for 1936.
north 32nd street uh i think it was announced as 1932 north 32nd street okay um so just just to be
clear it's 1936 north 32nd street uh again just an aerial map real quick here to give the board
identification of where we are uh we're one block off of uh 33rd coming up from gerard and uh right
off this park so i apologize that's the last matter um again you have a existing building
here uh what we are seeking to do is legalize a we don't sean just so you know we don't see
anything yet right oh i'm so sorry right can you see it now we do we do okay
Sorry, I just had to close out the last matter.
So again, I apologize.
Um, where here's the park right next to us. Uh, again, uh, going sort of up and down on this
Here's the park right next to us.
Again.
screen right here is a 33rd and we are right here where this red balloon is just to give everyone
an idea of where we're at in the strawberry mansion neighborhood. Uh, this is an overview.
You can see this is an existing, uh, building, lot of vacant lots on this, uh, block and surrounding
area but this is an existing building we have an existing currently vacant building next door to us
here's the property existing three-story building enter up the stoop you can see that the adjacent
property is vacant and we have a vacant lot next to us so you went you go up the stoop in the front
door and here's a better image of it. Here's the front door, units A and B. You walk in,
you have a small vestibule here. This right here on the left is the door to unit A. You go up the
stairs to unit B. We have one unit on the first floor and we go upstairs to a bi-level unit,
second and third floor combined. So again, here's just an image of the first floor doors you're
walking in showing they're separate and already built. The hardship here, just to put the cart
before the horse, is that this is a long-standing existing use and has been in an existing building.
We are not seeking or asking for any new construction, no addition, no increased in use
anything of the sort. And we would be highly contextual with the neighborhood where you
walk through some of the adjacent properties are all multifamily. And actually, almost every
property on this block is a triplex instead of a duplex that we're seeking. So on the left-hand
side, you see here you walk in the front door. That door into unit A is right on your left.
Then you go up one flight of stairs and you have the unit B, which is the second and third
floors combined. Again, all of this is as it exists. We are not seeking any, there will be
no new construction or anything of the sort with regard to this matter. So you go in first floor
and you have two bedrooms in the rear. And then in the second floor apartment, you have three
bedrooms on the third floor. The third floor only goes about halfway back and you have one bedroom
on the second floor. Very excitingly, I actually got a call from Mr. Williams on behalf of the
board. He said he never does this, but we got 14 to zero unanimous support for this application.
We walked through, we had two meetings. There was some confusion about some items in the first
meeting. So again, we agreed to continue the April ZBA hearing that was scheduled in this matter
and had a second RCO meeting. At that second RCO meeting, we were able to address all the
all the questions that came up for the group. And again, they gave us unanimous support,
14-0, which Mr. Williams cited, never happens, which is why he actually called me to let me know.
We have one refusal. That is simply that we are in an RSA 5 zoning district,
and we have a two-family dwelling that's prohibited.
But what you can see here, these are Google Street Views.
And the reason why this is pertinent is simply going back to September of 2014, you can see two mailboxes.
And the continued use, you can see, again, two mailboxes.
This is, if you look at the bottom, October of 2018.
June of 2019, you still have two mailboxes, the exact same condition.
And then finally, in July of 2022, you have this same condition and the property was actually
listed at that time as a multifamily. You can see the sign here as a multifamily use. That is how my
client purchased it with the understanding that it was a multifamily use. He was told there was
even a rental license. My client owns numerous properties all throughout the city and for every
single one immediately gets a rental license. When he went to pull a rental license here,
When he went to pull a rental license here, he was actually told the zoning board and
he was actually told...
administration in L&I could not determine what the prior use, what they felt the approved
prior use was, and told him that he needed to get a variance, which is when I stepped
in to get a variance.
Some of the confusion comes from, this is a zoning board decision from 1950 granting
a three-family use. So dating as far back as 1950, this building was a triplex. At some point
in time thereafter, it was reduced from a triplex to a duplex. There is no zoning documentation or
building permit documentation of that change. So we don't know when it occurred. However,
However, we do know that, sorry, these are the adjacent buildings.
We do know that as far back as 2012, that's when M Homes Investments, LLC, bought the property.
And that is the owner from which my client purchased the property in 2023.
um so you have a uh you know we we know back for sure at least to 2012 although it had been a
triplex before that so that's why lni and zoning board administration wasn't sure
um my client was only seeking a two rental a two unit rental license and they the last
documentation they had was three units and they could see the pictures of two units and so they
told him he needed to come to this board to get that second, the duplex approved. And this is all
while the, why the RCO was fully in favor. The RCO members knew the residents who had lived there
dating back more than a couple of decades. And they knew that this had been a duplex
at all time. Mr. Well, why don't you bring your client on?
Certainly. I don't need to go through it, but if you, the next set of pictures, which the board
already has, shows that almost every property next door to us has three mailboxes or three or
four electric meters and is not all of them legally being operated as multifamily units,
or at least from Zoning Archive that I could find, but certainly included in logistical use.
Mr. Hewitt, can you raise your hand?
Mr. Hewitt, could you please state your name and spell for the court stenographer?
Do we see his hand?
I see his hand, Chair.
Dan Hewitt has been allowed to speak.
Could you please state your name and spell for the court stenographer?
Yes, sir. It's Dan Hewitt, H-E-W-I-T-T.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, Mr. Whelan.
Thank you. Mr. Hewitt, you're here on behalf of the owner, Light Up Gold LLC, correct?
That is correct.
And did you hear all of the testimony that I already presented in this matter?
Yes, I did.
And do you believe it to be true and correct to the best of your knowledge, information, and belief?
Yes, I do.
And would you adopt that testimony as your own?
I would.
With that board, I would simply offer myself or Mr. Hewitt to the board for any questions.
Questions from the board?
No question.
Questions or comments from our attorney?
No, Chair.
Questions or comments from the virtual audience?
Yes, Chair, there's a hand up from Tyrone Williams, and he will be allowed to speak.
Good morning, Reverend. Could you please state your name and spell for the court sonographer?
Good morning, Mr. Chair and the board, Tyrone Williams, Williams, W-I-L-L-I-A-M-S.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please proceed, Reverend.
We are in support of this. We do recognize the area has to have duplexes and some triplexes. There was discussion about the triplex in the beginning. To the credit of the owner and the attorney, they went back, reworked it, and came up with the duplex.
We have provisals of no basement living, no household living in the basement,
the transparent, the provisional, a reciprocal for the residents and the tenants,
and install Jacob ladders.
And other than that, this is very rare to get a unanimous vote.
unanimous vote um and mr um winning and this kind of has gotten that and we fully support this
And Mr. Whitting and...
project thank you for taking the time to call us is there anyone else in the first audience
there are no hands chair cleaning commission
amy void with the planning commission in 2014 the zoning map was amended to rsa 5 at this
location in accord with recommendations from the Comprehensive Plan. However, the proposed use
is consistent with documented prior use of the property as well as nearby properties. The Planning
Commission recommends that the Zoning Board grant the requested variance for two-family household
living. Thank you. MI 2023-004-946-10-1936 North 32nd Street. I vote yes with proviso. No household
living in the basement trash to be stored in rear yard
my vote is yes with proviso
michael johns my vote is yes with proviso
my vote is yes with proviso
james snell my vote is yes with proviso
thank you jim
Okay, Mr. Whalen, you have your votes.
Number 16, MI 2024-000821-5745, Wyalusine Street.
Henry Clinton is the attorney.
There's a letter of support from HMC Squared Community Association, Inc.,
Henry Clinton has been promoted.
Good morning, Mr. Chairman, members of the board.
Good morning, Mr. Clinton.
Could you please state your name and spell for the court stenographer?
My name is Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.
Are you a firm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client and the relationship to the property?
My client is Kevin Wise, who is to my right, your left.
He is the owner of the property.
and our vice chair has a few questions for you
morning council do you agree to wait to read another refusal or stipulate to his accuracy
i do have you emailed them all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing i did and i also send additional
clearer photographs and a clearer copy of a plan so i can present better today
Thank you, counsel. Please proceed and share your screen.
Thank you, Mr. Heed.
Is that visible, Mr. Chairman?
It is.