screen. Thank you. Okay. Good afternoon, Chairman and members of the board. The property address
is 2202 North 29th Street, Build-Up EPA 19132. The applicant proposes the project to convert
The applicant proposes the project to convert the ground floor of a two-story building zone RSA 5 to business and professional office use.
the ground floor of a two-story
The building has generated one refusal, the application has generated one refusal, which I'll share here, because the business and professional office use is prohibited in this RSA 5 zoning district.
there's refusal turning to the hardship
first there's already a full apartment there's already a full apartment with its own kitchen
and bath on the second floor of the subject property and there is an existing vacant
commercial space on the ground floor to convert the property to a single family
use would entail interior demolition of the existing kitchen and some interior walls which
would be an extremely costly and difficult endeavor for the applicant. Instead, to avoid
such waste, the applicant has proposed converting the lower floor into a separate office for
business and professional use. This is the least modification of the code possible and
not out of character with the surrounding neighborhood. For example, there's business
and professional office use at 2145 North 29th Street, which is located approximately
250 feet from the subject property and is also zoned rsa 5. in addition 2122 north 29th street
it's approximately 300 feet from the subject property and is a corner property with a store
on the ground floor and it's zoned rsa 5. i'd like to show you the interior photos of this property
just to show you what it looks like on the inside
so here's this is the first floor of the property it's currently just in this vacant state
this is the what they're proposing to change to an office space
again this is another photo of that and then on the second floor i'll just briefly go through
these photos of the residential property where you can see here
they have a bedroom space kitchen space
and a living area so we met with the strawberry mansion rco
on march 28th and on april 25th and they issued a letter in support
let me show you there was a vote that was taken at the end of this meeting
which generated nine votes in support of the of the project and one in opposition
now i would like to have the architect damaso rodriguez uh to show the interior plans for the
property could he be promoted yep yes thank you
we see his hand the mosco is coming in as a panelist okay okay
sir sir could you please state your name and spell for the stenographer
can you hear me now yes please state your name and spell for the stenographer
okay my name is damaso last name rodriguez spelled d-a-m-a-s-o rodriguez
could you spell rodriguez for them too please yes r-o-d-r-i-g-u-e-c right do you swear or
preferring to tell the truth, the whole truth, nothing but the truth.
That's correct.
Please proceed, counsel.
Mr. DeMasa, would you please explain the interior plans for the property?
What we're looking now, we're talking about the system building.
And this is a proposal for the first floor to be converted into office space.
Now in the second page is showing basement is going to stay not occupied.
Second floor will be first floor, ground level.
That will be with the office space is going to be located.
The third image is the third floor, second floor,
so we can be more specific.
OK, perfect.
okay perfect so it's an assistant apartment that was already built
So it's an assistant upon.
and they're only trying to keep it and just build a commercial space on the first floor
thank you Mr. DeMaso are there any questions for Mr. DeMaso
no why don't we bring on your client okay Mr. Chairman I would ask as an officer of the court
if you would allow my testimony to be adopted.
My client's having technical difficulties
and can't join for it.
All right, thank you.
Questions from the board?
No, Chair.
Questions or comments from our attorney,
Hillary Emerson.
Just briefly, Mr. Chair,
I just want to note that there appears
to be a refusal missing for multiple principal uses
on a lot as the property is zoned RSA 5.
So if the board grants this variance,
then that a variance would be included as well.
Thank you.
Questions or comments from the virtual audience?
Chair, we have Conlon Crossley with their hand raised,
and they have been allowed to speak.
Good afternoon, Chair.
Conlon, you've already been sworn,
so just state your name for the record, please.
My name is Conlon, C-O-N-L-A-N,
Crosley, C-R-O-S-L-E-Y. I'm with Young's office. Yep, please proceed. The council office would like
to take a position of non-opposition for this case. Thank you very much for taking the time
to call us. We appreciate it. Is there anyone else in the virtual audience?
Tyrone Williams has been allowed to speak.
Reverend, could you please state your name and spell for the court stenographer?
Thank you, Chairman, and good afternoon, everyone. Reverend Tyrone Williams, Tyrone, T-Y-R-O-N-E, Williams, W-I-L-L-I-A-M-S. I just wanted to add—
Hold on, hold on, Reverend, hold on.
I'm sorry.
You swear or affirm to tell the truth, the whole truth, nothing but the truth.
Sorry about that, Chairman. Yes, I do.
That's okay. Please proceed.
We just asked that once this is supposed to be auto tax and auto tax insurance and notary, that it remains that we do have a way to get in touch with the only things go wrong.
But we also discussed in the meeting hiring from the community, and we would just like a job description once that becomes available.
And I think I spoke with Ms. Ford on that. Just give us a job description so that we can see if someone in the community can be a fit for the job. Thank you.
Thank you, Robert, for taking the time to call us. Is there anyone else in the virtual audience?
There are no other hands.
Any commission?
This is Ron Bednar, City Planning.
Comprehensive plan recommends no change to the residential single-family zoning at this location.
Zoning maps in this part of Strawberry Mansion were changed in 2014.
At the time, residential zoning here had been in place since the early 1970s.
Property was built with ground floor commercial space and one dwelling unit above.
City Planning Commission recommends that the board grant the proposed multiple principal use variances for both residential and business and office professional.
Thank you, Ron. So MI 2023, 006110, 2202 North 29th Street, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Thank you. Thank you, counsel. Thank you. Number four, MI 2023-006-921-2431 North 26th Street. Richard DeMarco is the attorney. There's a letter of unanimous support from all in the family seat, CDC.
Mr. DeMarco, could you please state your name and spell for the course?
Yes, Richard DeMarco, last name D-E-M-A-R-C-O.
Swear or affirm to tell the truth, the whole truth, nothing but the truth.
Yes, I do.
Could you identify your client in a relationship to this property?
Yeah, my client is Ayana Donovan.
And our vice chair has just a few questions, sir.
Could you agree to the way that we know the refusal is to relate to a back-to-sit?
Yes, I can.
Have you emailed them all the required back on some exhibits that is needed?
I have an email done all the required back
and some gibbous that is needed.
I have to tell you.
I'm prepared to consider this case for five days in advance of the hearing.
Yes, I have.
Thank you, Cal.
Okay, Mr. Chairman.
I'll share my screen.
You should be able to see the refusal on the board.
Great.
I want to point out that this matter was heard by the Zoning Board.
You can see it in the notes to the ZBA back in 2017.
My client's proposing the exact same use.
This board granted that variance for this use back then.
There was some issues with the permits.
Ellen and I held that.
Basically, what happened was the prior owner began the work pursuant to valid permits issued by the department
and began constructing the first floor takeout use and actually pulled building permits as well.
and then halted the work and then listed the property for sale. My client purchased the
property, believing that there would be no issue continuing with that work. However,
Ellen and I took the position that the zoning permit had expired. We did challenge that. We
did not agree with that, but we were not successful in that. So we went back to the
neighbors with a new application. This is the posting of the property. This is the property
here. As you can see, it's got roll-up commercial style doors at the front. I'm going to show you
some interior photos as well. Hold on. This is the posting. Here are some interior photos. As you
can see, Mr. Chairman, this is how the property appeared when my client purchased it. You can see
that the takeout style restaurant had begun. At least the work to convert it had begun.
uh ansel uh hooding systems were in place pursuant to valid permits
show you a couple other photos that's the sink all right so here's the layout um there's plenty
of space in the rear yard for trash trash storage mr chairman this is the site plan
you can see here the rear yard here um let me show you the certificate oh here's the old permit
Mr. Chairman, that L&I deemed to have been expired. You can see this board's calendar number
and decision date shown here. You see takeout, restaurant, first floor, single family above.
And again, we're proposing that exact same use. So this board has already determined that an
unnecessary hardship existed with regard to this property and granted the variances back then.
The property has only been vacant since then. No change in circumstances has occurred. So
obviously, we feel that this is the proper use of the property. This is a certificate that my
client, Ayanna Donovan, obtained through her realtor prior to making the decision to purchase
the property. You can see it here, takeout, restaurant, and then residential, single family
above. So she did, in fact, rely, and I'll have her accept my testimony in a moment. She did,
in fact, rely on this certificate when she made the decision to purchase the property. And
obviously, has been delayed by the decision by L&I to expire the permits. And obviously,
she has suffered additional costs and time in doing the use that she thought she would be able
to perform right away. I think that's basically the long and short of it. Let me go ahead.
Obviously, we had three neighborhood meetings with the neighbors. We finally got the neighbors
on board, they sent a proviso letter, the RCO on the family, CDC. My client is fine with all the
provisos, but we did have a discussion. If you note here, there's an hour of operations limitations.
We did speak to the RCO about that. We would like to stay open until no later than 8 p.m.,
and the neighbors did agree to that. Other than that, though, we are fine with the provisos.
it looks like the vote was unanimous in favor of the project. I did put the email thread in there
that the On the Family organization did say okay to the 8 p.m. closing. There'll be obviously
times when they'll close earlier, but they will not remain open past 8 p.m. And so let me go ahead
and this is indeed, let me go ahead and have Ayanna Donovan raise her hand virtually so she
can accept my testimony. And by the way, while she's doing that, Mr. Chairman, I'll show you
the, this is the Atlas website. You can see all the permits that Ellen and I granted
for the work that was done so all that all those photos are actually work that were done that was
for the work that was done. So all that, all those photos are
done pursuant to legitimate permits okay Ayanna Donovan has been allowed to speak
hi could you please state your name and spell for the court stenographer
Ayanna Donovan a-y-a-n-n-a last name d-o-n-o-v-a-n do you swear or affirm to tell the truth
the whole truth nothing but the truth i do please proceed counsel um miss donovan did you hear all
of my opening presentation uh and statements made to the board today yes i did are they true and
accurate and will you adopt them as your formal testimony in this matter yes i do uh so mr
chairman in light of the support of the rco i don't have anything to add unless there's uh
opposition that we're not aware of um obviously we feel that the board has already heard this
matter, felt that there was a hardship
2017, seven years
ago, my client did, in fact,
purchase the property in reliance on that
decision and those permits, so
we'd ask you to grant the variances.
Thank you. Questions from the board?
No, Mr. Chair.
Questions or
comments from our attorney, Hillary
Emerson? Not at
this time, Mr. Chair. Questions
or comments from the virtual audience?
I see no hands.
Planning Commission.
Ron Bednar, City Planning.
Properties indicated for residential use on the city plan or adopted district plan recommend no change to the existing single-family zoning at this location.
The applicant's hardship is self-created due to a conversion not in conformance with the code.
Recommend the request of variance not be granted.
Thank you.
Well, I would just add, Mr. Chairman, the work was done pursuant to a decision by this board and valid permits, so that's not really accurate.