And with that, I'm going to ask my client, Mr. Jesse Frank, to raise his hand and be recognized.
Frank, please state your name and spell for the court's stenographer.
Mr. Frank, please unmute yourself and wait for me some more time.
I, could you state your name and spell it for the court stenographer?
Could you state your name and spell it for the court sonographer?
Jesse Frank, J-E-S-S-E-F-R-A-N-K.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Proceed, counsel.
Thank you. Mr. Frank, did you hear my presentation to the board this afternoon?
Yes, I did.
And is it true and accurate to the best of your knowledge?
All right. And do you adopt it as your own testimony?
I do. Thank you. I have nothing questions. My client. No chair. No, Mr. Chairman, Mr.
Chair, comments from the virtual audience. I also just for the for the record, I wanted
to share with you the notice of decision dated October 2021. Where in fact, not 922 Kimball
is granted the variance
for that flat being
replaced by a bedroom.
Questions or comments from the virtual audience?
Yes, Mr. Chair. Ronald McManus
has their hand raised. I've allowed them to speak
at this time. Hi, sir. Could you state
your name, please, and spell for the court stenographer?
Ronald McManus,
M-C-M-A-N-U-S.
Right. Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
I do. Proceed.
I actually there are pieces of Mr. Anastasio's testimony that are not accurate.
The deck is not set three feet back from the lot behind them, nor is it set three feet back from my lot.
As you can see in the plans, the deck actually extends to the end of the lot.
I am concerned about the footprint of this deck, which covers the entire paved patio in the back.
It does not have a three feet setback as Mr. Anastasio claimed, nor does it have a three feet setback from my property at 926 Kimball.
okay all right um thank you for calling in and thank you for your the information
permission permission to cross mr bergman proceed go ahead thank you mr mcmanus are you still online
i am thank you sir um you're saying that the plans as submitted and which will be reviewed
and stamped by LNI, they are inaccurate
and there is no setback from your property line.
That's not what I said.
Oh, okay.
So I wanted to make sure that that was the case.
It's not what you said.
They are not inaccurate.
I direct your attention.
I characterized your discussion in your testimony as inaccurate
because the deck is not three feet back from 927 league,
nor is it three feet back from 926 Kimball.
It's definitely, we know it's not,
we know it's not only the property itself,
the property itself is not set back.
You're right.
Well, I'm talking about the rear, right.
From the rear deck.
You're right.
It's not set back three feet as you testified.
Do you amend your testimony to say
that it's not set three feet back from 927 league?
Listen to me, listen to me.
Mr. Chair, the plans speak for themselves.
He's questioning you.
You don't question him.
That's where we are.
And Mr. Chair, the plans speak for themselves.
If it's 2.8 feet instead of three, the plans speak for themselves.
There is a setback to keep it specifically designed not to interfere with Mr. McNanis' property.
Mr. McManus, I'm going to ask, I'm sharing my screen, and I'd like you to tell me if this document,
this notice of refusal for your home, 926 Kimball Street, if you recognize it.
I would have to read it to be able to say that.
Yeah, it's from 2002, where you've submitted an application for the erection of an entire third floor edition penthouse and a roof deck.
Do you recall that?
um i mean i'm sure there was but and do you recall that there was a refusal for for all of this and
that you know i really don't okay so you don't remember appealing to the zoning board
i my partner had submitted the plans so i don't i couldn't comment about the details from something
And let me show you this document here. This is a letter from Bella Vista Town Watch at the time they were dealing with community zoning. It says here that you presented for your
It says here that you presented for your zoning relief to build an entire third floor and a roof deck at 926 Kimball Street.
Do you recall this meeting?
I mean, yeah, it's, yeah, yes, absolutely.
And here again is, does this look familiar to you, this notice of decision by this board?
Does that look familiar?
Okay. And just so you understand what you're looking at, you're looking at a notice of decision by this board to grant you a variance for a third floor addition and a roof deck.
Correct.
That did not meet any of the dimensional requirements. Are you familiar with that now?
I am not familiar with your last statement that it did not meet all the dimensional requirements.
Well, if it did, you would. I'm really trying to understand the relevance is to the current
for a variant. Excuse me, sir. Please answer the question. I did to my house. I'm just asking you
if any of your journey, your zoning journey to secure variances for your addition and roof deck,
which the refusals were based on dimensional variances because your lot is undersized.
Would you say that's not that dissimilar to what my client is trying to do?
I would say that it is very dissimilar to what your client is trying to do.
Thank you very much. That's all I have for that.
And I just have one more document that I think might be germane if I could get that going.
Give me one moment.
I don't know if you heard the beginning of my presentation, but I did mention that 924's
immediate adjacent neighbor, which was 922 Kimball, also sought a variance of almost
a year ago because their rear was built out with an entire room. Are you familiar with that
particular zoning case? No. Okay. Would it be shocking to you that you received the same notices
for this particular 922 as you did for the case at hand today, 924?
I would also like to state that I'm not sure the property that is two doors down from me is relevant to my testimony about the property.
Mr. McManus, please answer the question.
I'm not sure what the question is.
If you're familiar with this, if you're the question is, are you familiar with the zoning relief sought by 922 Kimball, which dealt with the same rear encroachment?
I am familiar with it now.
OK, so you weren't back in October.
OK, so you didn't testify against that particular variance, did you?
No, and I would not have.
OK, thank you.
Because it was not adjacent to my property.
i see it was uh 16 feet away but okay thank you very much appreciate your time i have nothing
further anyone else in the virtual audience no further hands mr chair
i think there should be some folks uh testifying on behalf of my in support if they're still on
and calvary
and andrea fine
don't see them in the virtual audience
there's one hand though it's from a number ending in 3199 allow them to speak
yep thank you
hi could you state your name
and spell for the court stenographer
hi this is
Ann Calvarese
A-N-N-E
go ahead
do your last name please
spell your last name
C-A-L-V as in Victor
A-R-E-S-I
do you swear for him
to tell the truth the whole truth and nothing but the truth
I do proceed. So I am the, uh, uh, resident at 922 Kimball street. And, um, as they have laid
out here, um, you know, this has been, uh, an unfortunate, um, slew of events with purchasing
an unfortunate slew of events with purchasing a home where the rear is basically falling apart
a home.
and damaging the inside. So both Mr. Frank and I have had to go through this and dealing with it.
And, you know, he's building a deck just to protect the inside of this home that he owns.
So I am in full support of him being able to maintain that deck and to be able to move forward.
Thank you for taking the time to call us.
Okay, is there anyone else in the virtual audience?
There are no further hands, Mr. Chair.
Planning Commission.
Hi, I'm Paula Brumbalo-Burns.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
The appellant seeks to build a deck that encroaches into the rear yard requirements and has support structures right on the property line.
The City Planning Commission recommends that the Board deny the proposed variance.
Please note, Mr. Chair, that the deck has already been constructed along with Ms. Calvarici's room as a result of the falling down atrium.
And then I will state that if they had had the benefit of the building permits, we would have been able to address this earlier before construction.
So MI 2023, 001-601-924 Kimball Street, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you.
Thank you. Number four, MI-2022-006-500, 2000 Hain Street, Aaron Stratford.
Letter of support from the 10th Ward Democratic Committee.
Okay, Mr. Chair, I am re-promoting them to panelists.
Mr. Stafford, could you state your name, please?
We're still at the same place, Chase.
Mr. Stafford, we can't hear you.
They have two devices, Chair.
I'm going to try to see if I can
promote them with this one and try the other one, okay?
All right.
All right, thank you.
Mr. Stafford?
I'm ready to promote them with the other one.
That's under their name, sir.
Please forgive me.
Do you have to delay?
Hello?
I am Mr. Stafford.
We can hear you now.
Oh, sorry.
Thank you.
We apologize.
We've been on here for the...
We've been...
Sorry for the...
That's okay.
All right.
Who's going to testify?
yeah my wife i'm having a lot right shut up could you state your name and spell please for
the court stenographer shamaya stratford shamaya spell f-h-e-m-a-i-a-h stratford
s-t-r-a-t-f-o-r-d right you swear affirm to tell the truth the whole truth and nothing but the
truth yes all right excuse me this is hillary um mrs stratford um are you on listed on the deed
to the property no i'm not okay we will need i'm sorry but we will need your husband to testify
because he is the record owner of the property okay yes thank you sorry mrs stratford could you
Could you state your name, please?
Aaron Strattford.
And spell it, please.
A-A-R-O-N-S-T-R-A-T-F-O-R-D.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has a few questions for you, sir.