ZBA Hearing - February 12, 2025

These are revised floor plans.

On the third floor, it's on the third floor, Mike.

Okay.

So, okay, so that's the third floor.

Okay.

Gotcha.

Any other questions?

Yeah, I have two questions.

This is concerning the RCO.

so they mentioned the orientation of the steps being different from the rest of the houses on

the block was there any kind of interventions made to make the steps look like the rest of the block

so so chris can you so i would assume chris the the answer to that is because we wanted a little

bit more height in the basement and not to put it as like dig down as deep is that is that an

accurate assessment yes and in essence too we do have to provide a three-foot entry landing as well

so that would push it out regardless of i mean to make that happen we probably would have to have a

height coming out of the grade at least maybe just a foot um but we would need a three-foot

entry landing to be compliant okay i just wanted to make sure because i know that was a concern

from the rco and the second question is is there any evidence that you have that a single family

unit home would not be viable in that area? Yes. So Mr. Addis Evans is also a licensed

realtor who is also a property manager. So Mr. Addis Evans, when you purchased the property,

did you investigate whether a single family home would be a viable option for this property?

I mean, in terms of, it's a part of the investment, but in terms of the construction

cost especially for a few years

so just a single family cost

with the carrying cost and everything

is going to cost about over $300,000

and the outsells about

has been very slow

almost maybe four years

so it's kind of the number doesn't match up

so that's the idea

I know properties and values

in that area are like skyrocketing

so just

just want to know what kind of evidence you have

that couldn't support

that wouldn't be supported

of single family home.

Thank you.

Questions or comments

from our attorney?

Not at this time, Mr. Chair.

Questions or comments

from the virtual audience?

Planning Commission.

Amy Boyd with the Planning Commission.

The comprehensive plan

recommends no change

to the RSA 5 residential

single family zoning

at this location.

We note that absent

participation in a city program affordability is not enforceable by any city agency while the

appellant presented evidence of other multifamily properties on the block it remains predominantly

single-family there are no unique physical circumstances or conditions that would prevent

the property from being used in conformance of the zoning code the city planning commission

recommends that the board deny the requested variance for three-family dwelling units

multifamily. Sorry, I just want to jump back in. Sorry, I did have one comment, Mr. Chair,

is that depending on how the board goes with this, there is a proviso form with revised plans

and a unit reduction. So I just want to note that for the record.

So just so you know, where I want to be on this is that, I mean, Alan said he would hope that this

would be a good compromise but i think we at least have to let the rco respond to the two

i mean at this point right when you told me when you left the rco it was three

and that you changed it to two we talked to them about it during the meeting would they

find it acceptable they didn't vote on it so i i think what i would like to do with the cases

seriously is to hold it and try to get a response from the rco and what they think of the two

okay and then i and um and and alan i know you want to respond to the yeah you can respond but

i mean that's where i want to be with this i'm not saying a order against it but i think i'd

want to at least go ahead no i hear you and um so two things so first our presentation was for two

units i heard the planning commission say stated that they were against three right um and i there

There are multiple instances of multifamily on that block, 16, 12, 38, 44.

I would also want the opportunity to update the site plan.

That was an omission to have no window wells on there.

So, but I would like to update the site plan probably also to include that, you know, walkout.

So to make it an even safer, you know, property than it is.

So, Hillary, do we need a resumptive for this, or can we close it just for?

um i i i mean unless unless planning is going to take in any additional okay okay so so um if

I mean, unless planning is going to take it.

planning's position is is not likely to change i think we can just handle we can just close the

record except from a follow-up letter from the rco in response by the applicant i would put a date

on that um no more than 30 days yeah i want to wait um let's let's plan to vote on this

sorry give me one two weeks um i mean maybe go

let's i don't even know what today is okay um how about march 5th that's fine with me

i think it's about three weeks okay we'll vote on it then all right the only question i have is if

what happens if the rco wants to actually give a full meet for me to give a full presentation

well i don't i don't i mean i i all i want to know is is what the rcpo more comfortable with

too that's what i'm looking at i'm not saying you got to go back to them i just think like

they should we should try to get a letter maybe they don't want to send a letter but at least

the opportunity for the rco to respond to this okay all right thank you thank you very much

thank you want to take a five minute break

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

You

Thank you.

Thank you.

I'm looking at five on the last list.

Yeah.

It looks like they're missing a lot of stuff.

Photos and deeds.

Let me go with it.

Thank you.

It's one.

All right, we're ready to go.

Number one, MI 2023-006-953-2122 West Estor Street.

Vern Anastasio is the attorney.

There's a letter of unanimous support with provisors from Algany West Civic Association.

Mr. Chair, Mr. Anastasio will be coming back in as a panel shortly.

Afternoon, Mr. Chair.

Good afternoon, counsel.

You've already been sworn.

Just for the record, please state your name.

Yep, Vern Anastasio, A-N-A, S-T-A, S-I-O.

And could you identify your client, the relationship to this property?

BK Partners is the owner's.

And our board member, Tanana Graham, has a few questions for you.

Yep.

How are you?

Did you submit your documents five days in advance of this hearing?

Yes, ma'am.

And do you agree to weigh the reading of the refusal and stipulate to its accuracy?

Yes, I do.

Thank you. You may proceed.

Thank you.

Start with the Allegheny West Civic Association and RCO.

They go over pretty much in detail the process.

We had two separate meetings.

uh the uh the rco asked us to do several different uh things and well one of the things that we were

able to do is reduce the number of units uh please understand my clients purchased this property just

18 16 months ago or so uh as a four family dwelling it's four units already separated

four kitchens the whole nine yards when they purchased it they thought it was legal when they

realized it wasn't, they contacted me. We've gone through the process. In talking to the RCO,

they asked that we reduce the number of units to three. Therefore, each floor has one apartment.

You'll see in the plans that initially there were two small studios on the top floor.

RCO asked us to combine them, and we have. And there are other measures that we've

taken place as well, which we'll get to in a minute.

Let's get to, this is the application that was initially submitted for the four family

This is the application that was initially submitted for the four-family dwelling.

Property is zoned for a residential single family.

Here's the property in question.

As you can see, there's a walkout basement, first floor and second.

And these plans, as the cover sheet indicates, are existing conditions.

Can you make that bigger, please?

Yep, doing it right now.

I knew you would ask.

here's s stall here's the sidewalk here's the front porch and there's the nice size yard

here's the first floor entryway there in the when you uh towards the the right hand side of the

property there is a common area here where there'll be a corral for trash that can easily go

out the entranceway and onto the sidewalk and we'll get into the trash plan that we have

in place but the first floor has a nice size living room good size eating kitchen and a one bedroom

The next unit is the up the porch entryway, living space, here's the second floor, come

up the stairs.

there were two studios here this is going to be one unit

for the RCO request and talking with the neighbors

so basically it's three one-bedroom apartments

here's some elevations

nothing of course is being built this is all legalization of the pre-existing

layout here's property here's a some photos of the block

it's a very deep property and again the current layout of the multifamily is exactly the way my

clients purchased it to evict gut rehab to a single family home would of course be impossible

there is no brand new single family home development in this particular area in fact

the overwhelming number of vacant lots in the immediate area is we believe prima facie evidence

the inability to sustain brand new construction or rehab of a single-family home

And rear shots as well.

Here's the letter that went out to all interested parties.

Pull that up.

introducing them not only to the RCO meeting, but, of course, to the zoning board as well.

Here are all the addresses that were mailed, including all relevant RCOs.

And 112 individual households were, in fact, mailed.

As a result of the meeting, we have unanimous support from the RCO.

As there were immediate neighbors on the block who attended,

and only those folks were permitted to have their vote submitted to the zoning board.

All of them agree that the property has been this way for many years.

And as a result, my clients are asking for the granting of the variance.

Here's also an overhead shot that I think is curious.

It just shows the number of vacant lots in the area, which further, I believe, illustrates the inability for sustainable brand-new single-family development right now for this spot.

Thank you.

With that, I would like to call my client either Kyle Easley or Raheem Murray, whoever happens.

Either Kyle Easley or Raheem Murray, whoever happens to be on today.

Kyle Easley has been promoted to panelists, and they will be rejoining shortly.

Thank you.

Hello?

Could you please state your name and spell for the court stenographer?

Yes, Kyle Easley, K-Y-L-E-E-A-S-L-E-Y.

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Yes, sir.

Pre-see, counsel.

Thank you, Mr. Chair.

Mr. Easley, did you hear my presentation to the board this afternoon?

Yes.

To true and accurate to the best of your knowledge.

Yes.

Do you adopt it as your own testimony?

Yes.

I'm going to follow up with a final question, just to make sure that it's covered as far

as your due diligence.