This was taken months ago, earlier on in the construction process, as it presently exists.
You can see there's an existing structure that was adjacent to us on South Cleveland Street to the south, and then their open rear yard or front yard, however you want to call it, to the left of us or to the north of us.
And just some photographs of the back of the property under construction where the parking pad is going to be located.
At the bottom of page three of tab 11, you see the property, budding property to the south of us, 767 South Cleveland.
And then here are the two properties at 768 and 770 South 18 with the existing off-street parking.
The remainder of the images, tab 5, shows some more pictures of that parking.
And then as we scroll around the south end of the 700 block of South Cleveland, and then heading up again to the properties across the street from us, as you can see, and that's on the west side of South Cleveland Street, that there is on-street parking on the opposite side.
As you can see in our zoning drawings, there's a really wide turn.
We're able to make the turn because of the direction of traffic, how our property is situated, the width of our property.
We're able to we have a really nice radius, wide turning radius to get into our property, to clear, to get in, to make the turn completely within the extension of our side property lines out to the curb without coming into contact with any of the property or the cars on the opposite side of the street.
I did include the zoning archives for 768 and 770 at tab 12. As I mentioned, at tab 13 is that subdivision at 760 and south 18th, which then became 760 south 18th and 761 south Cleveland Street.
And the reason I bring that up is, as you go back to the zoning map, as I indicated, almost all the properties except for ours, the abiding property to the north and into two to the south that already have off-street surface parking, are split in different locations between South Cleveland and South 18th Street.
And in developing or renovating this property, one of the things that was considered was to do just that, to subdivide our property, get a variance if need be from the zoning board similar to 760 South 18th.
But this is what you were what you were left with. You're left with a by right building that would dwarf. And even if that's what's going to happen out up, it's or has already been permitted. I checked the zoning archives, couldn't find an actual building yet permitted for that subdivided lot at South Cleveland, Office 760 South 18th.
But this is what can be built there as a matter of right. Not only does it dwarf the buildings to either side of us on our side of South Cleveland, but absolutely dwarfs the buildings to either side of us, I mean, to the opposite side of us on South Cleveland.
um i did we did do shadow studies that showed the difference the impact of shadow air and light
upon the property surrounding us the difference between a by right building if we were to
subdivide versus the um the six foot high fence with the open parking and i think you can see
if you take a look here where i'm circling at the top to january 1st versus this is the shadowing
from the by right building
And then February 1st, December 1st, you see the same thing, you know, no shadowing.
All the shadowing that's with what we're proposing is within the shadow of the surrounding
structures.
But then with the by right building, you see the shadowing over on 762, 760, 758.
That's February 1st and December 1st.
You can see as you scroll down, as I scroll down, and then March 1st, November 1st, you
You see the same thing, no shadowing from ours, our fence, our six-foot, 30-some percent open fence versus the shadowing of 764, 762, and some of 760 across the street.
and then April 1st and October 1st, you see we're completely shadowing the property directly across
the street with the by-right building at 760 South Cleveland Street. So the idea here is,
although it looked like, you know, the subdivision was granted for the couple properties to the north
and that presumably a by-right building similar to what's shown in the shadow studies could be
built, my clients didn't want to do that. They don't want to do that to their neighbors. They
Even if they sell it, somebody else could turn around and do it if they sold it just as it is with the single family at the front at South 18th, and they feel that getting a car off street with a six-foot fence that's as open as it is, as decorative as it is, that provides some lighting of the footway, is going to be a lot better situation for the near neighbors and for the community than what could otherwise be done as a matter of break.
if they sell it somebody else could turn around and do it if they sold it just as it is with the
I do have a video that shows a different shadowing, but I don't know that we need to get into that.
I think you made your quote with the shadowing. We understand.
So real quickly, at 16, we have our appeal and our project information form.
17, the ownership showing that my client, Arden Cass, is the owner of the property, owning it for over 20 years.
Arden and her husband have lived in the neighborhood for decades, raised their children.
Children went to school in the neighborhood, so they're not Johnny-come-latelys that are looking just to develop something.
They are longstanding, long-term residents who will remain as residents.
They live in another property on the block, and this was an opportunity for them to do something that they thought was a nice development as opposed to some of the other development as far as they feel, adding the eco aspects to it.
Our tax compliance that I mentioned was forwarded earlier this week is at tab 18.
You can see here, owner, hour, and cast.
The copy of the hearing notice for today's hearing is at tab 19.
That was posted at the property.
You can see at tab 20, we posted both.
Just change the view on this.
South 18th Street, which you can see here.
both a copy of the notice and the notice of refusal and then also posted at South Cleveland
Street and that was done in conformance with the zoning code 20 days in advance as mentioned we
met with the community group the 14303 notice for that is attached to tab 2021a the meeting was
back on March 15th as I mentioned well advertised also noting today's zoning board hearing
copy the notice of refusal SOSNA has a zoning notice and poster that they also ask us to
distribute which we did and then the list of addresses that we pulled from the planning
commission's link along with you know the zoning board planning commission
RCOs and the councilmen that notice went out to 186 different recipients
so with that I'd like to ask my client Arden to be sworn in and to adopt my statements
Could you state your name and spell it, please?
It's Arden Kass, A-R-D-E-N-K-A-S-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I should cancel.
Thank you.
Arden, did you hear the statements that I made to the board today?
I did.
And they true and correct to the best of your knowledge?
Absolutely.
And would you adopt them as your own?
I would, yes.
And then I also have the architect on the on the meeting now. His name is Tim Kerner. If you could have him promoted to adopt my architectural statements.
Sir, could you. Mr. Kerner has been allowed to speak.
Yes. Can you hear me? State your name, please, and spell for the court reporter.
My name is Timothy Kerner, T-I-M-O-T-H-Y. Kerner is K-E-R-N-E-R.
All right. Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Tim, did you hear the statements I made to the board today?
Yes, I did.
Regarding this project.
And are they true and correct to the best of your knowledge?
Yes, they are.
And would you adopt them as your own?
Yes, I would.
Thank you.
I've just asked that my exhibits be entered into evidence and reserved for any rebuttal.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
questions or comments from the virtual audience yes chair i have two people with their four people
with their hands up first is the miss mr thomas smith i'll allow him to speak and mr smith could
you state your name and spell for the court reporter hi yes my name is thomas smith it's
t-h-o-m-a-s-s-m-i-t-h right do you swear or firm to tell the truth the whole truth nothing but the
truth yes i do are you a neighbor yes i am i'm uh yeah right across the street all right proceed
yeah so uh years ago the neighbors too that at 762 south 18th with the wooden fence wanted to
also put parking in and we as neighbors uh didn't want that and we all went to a zoning meeting and
and our voices were heard and they were denied that parking spot Arden was there he knew about
that parking spot Arden was there he knew about it and years later now he's here wanting to do
the same thing and a lot of the concerns is too is you know the car parking getting in usually
not a problem but getting out is an issue with people on the sidewalk the cars directly across
it's a very small street they're going to get banged up they already get banged up a lot of
times with cars just going down the street it's a such a tiny street but um you know it what he's
trying to do is nice but the other thing is too it's just i like to ask is once someone is granted
don't they have a certain time frame where they're supposed to finish this up he's been working on
this property for over over 10 years i thought there was like i don't think that's the question
and the question is are you are you're you're against the parking i am against it yeah because
of of all of these issues with you know the people down the street with the double parking they
they did that all on their own anyway they never actually got uh the street approval and
so i'm just noting that as well uh but yeah for a single person for getting in here and out of
this street it's it's getting the car out it's more of an issue than getting a car in all right
Thank you. Thank you for calling in. We appreciate your input. Thank you.
Anyone else in the virtual audience? Yes, chair. I have four more hands.
The first one is going to be Mr. Art, Artum Ginsberg.
Could you state your name and spell for the court reporter?
Good afternoon, commission. This is Lionel Artum Ginsberg.
l-i-o-n-e-l last name a-r-t-o-m hyphen g-i-n-z-b-u-r-g and i'm hold on hold on do you
swear or affirm to tell the truth the whole truth nothing but the truth i do are you a neighbor i
am i live eight doors down on the okay all right proceed sir uh i just wanted to speak strongly
in favor of it. There are other parking spaces on that side of the block. I recall them as being
legal, actually. I'll have been living in my house 20 years come May. I recall them as actually
being legal. And the fact of the matter is, is that street, other than the residents of Cleveland
Street and a few dog walkers, does not get that much foot traffic. It's mostly people either
parking cars are are leaving and I think the design is absolutely beautiful and I'm in strong
support. So you're you're so the question is sir you're in favor of the project. Yes I am. Thank
you very much for calling in we appreciate it. Who else is in the audience? Miss Brittany Joaquin.
Hi could you state your name and spell please for the court reporter? Hi can you hear me? I can
And state your name, please, and spell it.
My name is Brittany Joaquin, B-R-I-T-T-A-N-Y, last name Joaquin, W-A-K-I-M as in Michael.
Right.
Do you swear, Fern, to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Are you a neighbor?
I am the neighbor.
I'm the house with the American flag on it.
Okay, you're the neighbor.
Okay, proceed.
Yes, so I'm the house that keeps getting popped up in some of the photos with the American
Perfect.
um i just two things number one i have a quick question if i'm able am i as a resident allowed
to access this packet mr orphanetes yeah i mean it'll be i can forward it to you at any time so
if you oh great i'm just curious um first of all i think it looks great i'm also really curious if
the side where my house is if that part of the fence is getting bolted into my house or not
um but separately for the purposes of this hearing and keep it moving for chair bergman
And I'm in favor of this project because the alternative is so much worse of a three-story by right house that would cause just more destruction of our two-story home block.
But I just wanted to say I'm, as the person that would be physically directly next door, I'm in favor of it.
I do have a question about the curb that would have to be cut and how far it would be cut because I think it would start getting cut on what is to be where I'm responsible for the property.
but I can handle that with whomever offline unless this is the correct forum.
I'm not sure.
Yeah, you'll let me know on that.
But I did want to say that as the direct effected next door, I'm in favor of this.
Thank you so much for calling in.
We appreciate it.
And I only live about two blocks from you, so I could stop by at any time.
But obviously, you know, Arden and Juan, so we'll get to you.
Is there anyone else in the virtual audience?
Yes, Chair.
Shania Ferguson, been allowed to speak.
I'm not allowed to speak.
Could you state your name and spell, please, for the court reporter?
Could you state your name and spell, please, for the court reporter?
Good afternoon.
My name is Shani Ferguson, S-H-A-N-I Ferguson, F-E-R-G-U-S-O-N.
I have lived at 748 South 18th Street, just up the block for 20 years.
All right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you in favor of the project?
Strongly, yes.
Thank you for calling in.
We appreciate it very much.
Thank you. Is there anyone else in the audience? Yes.
Ms. Anna Marie Naples is allowed to speak.
Ms. Naples, could you state your name and spell please for the court reporter?
Anna Marie Naples, A-N-N-M-A-R-I-E.
And my last name is N as in Nancy, A-P-L-E-S. Strongly in favor.
Right. Well, do you swear or affirm, tell the truth, the whole truth, nothing but the truth?
Yep. And still strong. Thank you. And you're in favor of the project. Is there anyone else?
there's no more heads here okay thank you planning commission thank you chair bergman
david fecto with the city planning commission the comprehensive plan recommends no change to
the residential single family zoning at this location the proposed addition matches the
character of the block and will not remove an on-street parking space so the city planning
Commission recommends of the board grant the proposed variances. MI 2022 007 361 764 South
18th Street. I vote yes. Thomas Holloman. My vote is yes. Thank you, Mr. Orphanidis. Thank you very
much. That concludes my business. May I be excused? Yes. Thank you. Have a good day. Number nine. MI
2022-007-445-
1007-13 New Market
Street. Stephen Pollack is the attorney.
Letter of non-opposition from Council Member
Squilla.
Letter of support from Northern Liberties
Neighbors Association.
Mr. Pollack is in as a
panelist. Hi, Mr. Pollack.
How are you, sir? Could you state your name, please, and spell for the court reporter?
Yes, Mr. Chairman. Stephen with the P-H-S-T-E-P-H-E-N, Pollock, P-O-L-L-O-C-K.
I am the attorney for Proud American LLC and William E. Proud.
I have Mr. Proud and his daughter, Sarah, with me, as well as could I have Nico Realbuto?
Hold on a minute. Hold on a minute. Do you swear for him to tell the truth,