egress out of the building
the presentation of the photos I presented
the first two sheets indicate
8.5 by 11 sheets indicate the
posted signs when they were first posted and what the
where they were posted over the past weekend.
We see that.
In the old days, the DBA inspector used to go out,
and if the signs were not properly posted before the DBA meeting,
the project was going to be the applicant had a continuance.
I think, sir, what we think we should concentrate on is
why is it that you don't think this should happen?
If you allow this, as I indicate it, you'll see indicated in those pictures the various conditions that we have to live with, both over the amount of parking on the street plus the parking on the property.
Page three shows the proposed side yard being used for parking, the street parking conditions without the facility being used for services, services or meetings, because it's not supposed to be a religious organization.
It's not a church because in the old days, if it was a church, even now under the new zoning, if it was a church, a synagogue or a temple.
even now under the new zoning of the church or synagogue or a temple you would have be required
to have a certain amount of parking spaces for the uh available assembly square footage okay um
also indicated one that that she is the applicant's three parking spaces
at Huffnagel Street.
Also photos showing
handicapped curb cut
presently being used
as the driveway
drive access to
the side yard. I think
your fellow person
has already testified to that.
I'm just indicating what's on the
my presentation.
And the photo
Emerson Street
residence property
line fence also numbers page five indicates the rear service driveway
overcrowded parking at at the 1620 huffnagle Street residents rear side
prop that probably line
basically indicated that business the main the main objection is the fact that
sunday they have services everything's parking as you see monday night is also the same condition
That's why you see the night photos.
And because I had problems with my printer last night, I did not have the date printed out on all those photos.
So those photos are from all last year and this year, as you can see in March.
So that's the end of my presentation.
Okay, thank you very much.
Hold on one minute, sir.
Hold on.
Counselor, do you have any questions?
I don't have any questions, but I do want to just reinforce one note that this gentleman stated.
Meredith, why don't we wait to see if there's anyone else that...
And you can do that at one time.
Is there anyone in the virtual audience?
I see no hands at this time, Jim.
Meredith, please proceed.
Thank you.
I just wanted to reinforce what this gentleman stated and to confirm that under the current zoning code for this particular zoning district, that if a religious assembly were newly constituted on a property, that parking would in fact be required.
And that this application does serve to bring this particular property further into compliance with the code, given that the religious institution use was established probably 80 years ago, you know, prior to the inception of these requirements.
So I just wanted to reinforce the fact that the gentleman is correct in that this application does bring this property into further compliance with the requirements of the zoning code, at least in that regard.
Thank you. Thank you, Meredith.
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change in zoning at this location for the existing residential single-family RSA 3.
the parking lot was constructed without the required permits and the appellant has not
demonstrated that there are unique physical conditions or circumstances of the property
that would prevent it from being used in conformance with the zoning code the planning commission
recommends that the board deny the requested variances for landscaping materials and dimensions
mr chairman just one additional note as the board knows you have authority to grant deny or modify
this proposal in any way that you see fit. So if the board is inclined to grant the dimensional
variance, you may specifically deny the refusal regarding the materials. You may also, if you
choose to, partially deny the tree variance and require a certain number of trees. So I just
wanted to remind the board that you have flexibility to review this in any way you choose.
right thank you um i want to thank you both for coming down we appreciate it we're going to hold
the vote on this we're going to vote on this next wednesday the 26th at 9 30 a.m you don't have to
thank you chair i'm sorry we have a theresa miller with her hand raised you have one more
somebody okay hold on one minute miss miller you're allowed to speak
could you please state your name
and spell for the stenographer
can you hear me
my name is Teresa Miller
M-I-L-L-E-R
and I live at
Right. And I live at. Hold on. Hold on. Right. Do you swear or affirm to tell the truth, told truth, nothing but the truth?
hold on hold on
do you swear or
I do. Have you testified before? Yes. All right. Please give us comments only about what you heard today, not your prior testimony.
OK, so this building holds 240 people. And at any given time, there seems like there's that many at this at this building.
And they not only, it's not like a normal church where they might have services on a Sunday.
They are there Sunday morning for about three or four hours.
They're there Sunday night for at least six hours.
They are there on Monday or I think Wednesday, Thursday, sometimes Friday.
They're a lot.
It's not just a religious assembly.
they have catering there
they have parties there
but do me a favor
the testimony I want is what you heard today
that's all I want you to hear
if you disagree with what you heard
if you're still against it, that's fine
but tell me where you stand relative to today
I disagree
okay, thank you very much
we appreciate you taking the time
for the purpose of their
they, again, are using
the handicapped. Okay, we've had testimony about that
from both with us. They have
people in
yellow jackets. Ms. Miller, you're breaking up.
Even though they might be saying about six parking spots.
All right. Thank you very much for taking the time to call us and thank you to the other
two witnesses we had we will vote on this next wednesday the 26th at 9 30 a.m and thank you all
thank you mr goldberg are you ready to go forward army thank you
Number 7, MI 2024-006-308-1310 Marlboro Street.
Alan Nockamson is the attorney.
Mr. Nockamson?
Mr. Nockamson, you're allowed to speak.
Mr. Nockamson, you've been promoted to panelists.
You're allowed to speak.
Turning again, Mr. Chair, members of the board, Alan Nockamson.
Mr. Nockamson, you've already been sworn this is a resumptive hearing, and you're going
going to give us an update and information about amended refusal, talk about the February
meeting. Our board council will have comments, the board will have comments, public testimony,
and then we'll get an update from planning. Okay, so why don't you start? Yes, again, just to give
a little background beforehand, just to remind the board of what this matters about. Originally,
Additionally, we were seeking to have 2 residential units along with 2 car parking on a property that building structure that was proposed to be set back from the property, and we would have 2 parking pads in the front.
We met with the community regarding this matter, and the community was, you know, dead set against it was unanimous opposition as to the to the project.
We made modifications to the property and also did greater community outreach where we saw an amended refusal for just two residential dwelling units.
And again, just as a matter of background, we're like a block and a half away from Frankfort Avenue in the heart of Fishtown.
We thought having two residential units off the streets was a positive.
The neighbors did not. And, you know, again, there is parking allowed on that side of the street.
so I can understand why and would be out of character.
They wanted eyes on the street.
So, again, we saw the amended refusal to family dwelling,
but our front of our building facade would match the properties, you know, to the left and right of us.
We met with the community.
They were still against it, you know, but the board itself,
You know, but the board itself, the Fishtown Neighbors Association Board, which again is a very sophisticated body, was in overwhelming favor, the board itself.
the Fishtown Neighbors Association Board, which is.
There's only a board seven in favor, two not in favor.
They did not provide another letter, you know, and again, I'll just share my screen here to show you the letter.
And here is our amended refusal, by the way, where we took away two out of the three refusals, just, again, as a matter of background, where we had off-street parking and we had our building facade, which was out of line with the neighboring building facade.
So we had three refusals, which included also the multifamily use. We went down to one refusal, which is the multifamily use.
And then this was the correspondence after the second community meeting, where you can see that the board itself, the RCO zoning board, voted overwhelmingly in favor of the proposed project, just having two residential units, no off-street parking.
Now, the neighbors still didn't, the overwhelming Fishtown community did not support it, but nearby neighbors, some of them did support it.
And then what we got different, and I think in the last time, is we have letters of support of the two properties to the right of us.
And I think maybe in a previous presentation, we may have had one of them, but I don't believe both.
So we have 1312 Marlboro Street and 1314-16 Marlboro Streets.
Both of these properties are adjacent to us, would be the most people most directly impacted by our proposed use of the property.
The property at 1308 Marlboro Street, honestly, is an older lady that, you know, she's more of like she doesn't really come outside and we've been unable to get a hold of her.
but the the two other property owners the right of us support this project
um i think that's that's basically it that's in a nutshell like i said we made changes i think that
the board of the fishtown neighbors association was appreciative of that that's why they supported
our project seven to two we have multiple neighbors now in support of it and it's also
not out of character and i stated this at the last hearing there are three other instances of
multifamily structures on this block 1300 marlboro street which is also done by way of variance which
was a duplex which this board recently granted and then 1309 marlboro street which is three units and
1358 marlboro street which is three units as well thank you thank you um well alan you still had 30
people against you at the second meeting and the council person but i don't have the council
person's letter so i never received that so second letter from the councilman don't we hillary
yes they sent another letter there's another letter yes okay yeah i mean i have a copy of
that we'll send a copy yeah so my my understanding is that one of the members next door to us did is
online to to support the project as well i think the fact that they're here shows how you know
again how much they've appreciated our changes to the project and again from a planning perspective
being a block and a half away from frankfurt avenue and asking for a duplex would be something
that would be in character from a planning perspective thank you very much questions from
the board questions or comments from our attorney none at this time mr chair questions or comments
from the virtual audience or the current audience?
Chair, we have Robert Everett with their hand raised.
They'll be allowed to speak shortly.
Good morning, Mr. Everett.
Mr. Everett, you're allowed to speak.
I'm not getting...
Good morning, Mr. Everett.
Oh, I'm on. Okay.
Mr. Everett?
Yes, I'm here.
Could you please state your name and spell for the court stenographer?
First name is Robert.
Last name Everett, E-V-E-R-E-T-T.
Do you swear we're referring to tell the truth, the whole truth, nothing but the truth?
Mr. Everett, could you turn on your video if possible?
I'm not getting the icon, though.
Let me turn it on.
All right.
All right.
Thank you very much.
Mr. Everett, could you tell us where you stand on this project?
I know you testified before.
uh yeah now i got the uh the panels but i i won't mess it up
The community as a whole is still opposed to the granting of a variance.
the community as a whole was still opposed to the the grinning of a very
I have all my records.
I sent it to Alex on 28th of February, I believe, and I have a receipt from ZBA.
Right.
We have it.
We have it.