accessed by a shared driveway or alley or rear street. Two-family household living is prohibited
in the rsa5 zoning district business and professional office is prohibited in the rsa5
zoning district um for the zoning refusals no more than one principal building per lot is permitted
in the rsa5 zoning district and there's also insufficient minimum rear yard depth for the
detached structure nine feet is required whereas two is proposed um can i share my screen you you
most certainly did you ish did you talk to him yet
no i was waiting for a reason go ahead go ahead sir sir have you emailed all the required
documents in that is needed to proceed with this case obviously the man from the hearing
yes uh in exception to the deed which i sent today and the photo showing the uh postage date
so which i guess as well hillary we did we did get that
yes we did he's all set all right thank you sir please proceed and i'll share your screen okay
let me know if you can see my screen
Hold on, let me, I guess this is causing you not to share.
Give me a second here.
Share.
Open system preference. Are you able to see my screen?
There should be a green button on the bottom of the screen.
Yeah, when I hit share the screen, then it asks me for open system preference.
I click on that and then nothing else pops up for some reason.
so let me let me see if i can uh plug in my uh other screen maybe perhaps you'll allow me to
do it that way it's very only one second please let's see
Let's see, hopefully that works.
allow soon to share your screen open system and security okay maybe that
now he's saying soon may not be able to record the content of your screen until it's quit maybe
let me see if i hit later i'm not sure if that's going to take me out
are you able to see it now or no no so so let me say this much i have a couple more cases
see if you can figure it out and i'll come back in about 15 minutes
okay sounds good thank you all right thank you yep number 12 mi 2023 003 494 926 west
sedgly sheet. Henry Clinton is the attorney. A letter of support from 12th and Cambria Advisory Board.
A letter of support from Twelfth and Cambria Advisory Board.
Mr. Clinton.
He's coming back in as a panelist.
Thank you.
Good afternoon, Mr. Chairman, again.
Mr. Clinton, as you know,
you've been sworn already.
Just state your name for the record.
Sure. Henry Clinton, C-L-I-N-T-O-N.
Thank you. Could you identify your client and relationship to this property?
Sure. The client is Sedgley Properties, LLC or LP rather, which is the owner. And the principal is Joe Williams, who is trying to get on the call. He was just at a doctor's appointment.
Okay. Our vice chair has a few questions for you.
Good afternoon, Mr. Clayton. Do you agree to waive the reading of the refusal and stipulate to a bad person?
yes i do mr shee have you emailed them all the required documents that's needed to proceed
yes i have thank you please proceed
we see it henry all right good afternoon mr chairman members of the board again henry
clinton for sedley avenue properties lp uh the principal of which is joseph williams
who I believe is going to be on the call.
This is my exhibit package, table of contents A1 through A10,
which I ask to be admitted into evidence.
This is the refusal.
So here's a little bit of background.
My client owns a property.
He leases it to a charter school.
The name of the charter school is Laboratory Charter School of Communications and Languages.
It's been in the building since 2009.
In fact, the board granted a variance in 2009 for the charter school to occupy this industrial building.
It's in the I-2 zoning district, so a variance was required.
That variance allowed the school to occupy the second and third floor.
In 2019, the school then asked that the first floor be occupied by students, so enrollment was growing.
It was up to almost 700 students.
And the board again said yes.
Well, the school then did the renovations, failed to get a CO.
So my client became aware that a CO wasn't obtained when he went to get the CO.
L and I basically said, well, wait a minute.
You're asking for a CO, but your zoning permit expired.
So we're basically back for the same thing that we were given in 2019.
And here it is in a nutshell.
The original educational facility use was approved in 2009.
The proviso specified it was located on the second and third floor with a maximum of 350 students.
Then there was an application for the use of students for the first floor was authorized in 2019, but expired due to inactivity.
So we're back asking for what was already approved previously.
And this is proof that in 2019, actually the permit was issued in early 2020, that there was an expansion of an existing educational facility to the first floor within an existing structure with existing accessory parking spaces as previously approved.
And you can see the prior use before the application in 2019, there was a school counseling offices on the first floor, second floor was charter school, third floor was charter school, and then the request was charter school on the first floor, second and third floor for a total of 700 students.
It's K-5. It's very well recognized in a neighborhood. That's why when you see the letter, and actually it's an email of support from 12th and Cambria Advisory, I think there were 17 people there at the recreation center. I was there, and it was unanimous support.
Here's a letter, short and sweet, to the point that people in attendance want the school to stay in our neighborhood, so as many children as can attend it will get a great education. 17-0.
These are just some photographs of the school. It is a laboratory school.
Photographs of the exterior of the school showing the zoning. Notices are properly placed. Here is
the school where my cursor is. Three-story former industrial building. It's been renovated completely.
Windows exterior. I'll show you some interior photographs of the first floor. Again, this is
typical of the first of the three floors of the building, but these are photographs of the first
floor. Basically, we're adding 12 classrooms to the existing 20.
Basically, we're adding 12 classrooms to the existing 24 classrooms, so there's going to be close to 40 classrooms with attendant laboratory facilities, offices, meeting rooms, and the first floor is also a gym.
So it's been in operation. It's been used. It's just that mechanically, they didn't follow the steps to get the CO. When my client found out when to get the CO, Ellen and I said, your use has lapsed. So we're back. We're back to it again.
here are the plans again there's this is already built out this is the first floor again mr chairman
and members of the board indicative of classrooms uh meeting places offices uh and also a gym
this is the second i don't think i have to go through the second and third floor plan mr
chairman why do you bring your client on mr yeah if he's here mr williams have you been able to
contact and get on the call.
Tax clearance,
Sony map, you can see I2.
I see no hands.
This is the deed.
Notice of mailing.
Dr. Williams,
can you get on the call, please?
He didn't get on, Henry.
Yeah, he's not there.
Mr. Clinton, you're an officer of the court.
We'll gladly accept your testimony.
Thank you, Mr. Chairman, and questions from the board.
No, Mr. Chairman.
No, Chair.
No, Chair.
Thank you.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
No hands, Chair.
Planning Commission.
Ron Bednar, City Planning.
While the property is currently indicated for industrial, on a city plan or adopted comprehensive plan, recommended ICMX, use change in existing zoning, which allows educational facilities by right.
Therefore, we recommend that the request of variance be granted.
Thank you.
MI 2023-003-494-926, West Sedgley.
I vote yes.
thomas holloman my vote is yes dame snell my vote is yes
my mute button yeah my mute button was working ishmael shaheed my vote is yes
thank you counsel all right thank you mr chairman of the board mi 2023-003-483-4951
on West Thompson Street. Joseph Consul is the attorney.
There's a lack of letter of
opposition from HMC Squared.
Council Member Gauthier is also in opposition.
Mr. Consul.
Good afternoon, Board. Could you state your name and
spell it for the court stenographer, please? Yes, it's Joseph
consults j-o-s-e-p-h last name c-o-n-s-o-l-e do you swear for him to tell the truth the whole
truth and nothing but the truth i do could you identify your client in relationship to the
property yeah my client is 644 elm street llc uh the representative max yablonski is on the call
okay um our vice chair has just a few questions good afternoon counsel do you agree to waive the
reading of the refusal and stipulate
to its accuracy. I do.
I've emailed them all the required
documents that is needed and required to
proceed with this case five days in advance
of this hearing. I have.
Thank you. Please proceed
and share your screen account.
That work?
Yes. Okay.
Joe Consul, 4951
West Thompson Street.
We're here because
we are seeking
to, well, originally my client was seeking to legalize six residential units in this property.
It's CMX2. He purchased the property in May. It was already set up as six units. I'll show you
guys that in a second. He was seeking to legalize those units. We only have 2,264 square feet,
which is enough for four residential and one commercial. We went in front of the RCO. They
didn't want to hear anything about adding um those two extra units to make it six um we're not
here to demand six units we understand that that uh might be a lot and my client can
attest in a minute but this block is not set up for commercial space
But this block is not set up for commercial space.
We're hoping that the board would consider five units with no commercial space that would allow him to have a fully leased building on a block that really needs it.
So first off, we have a look at the zoning here.
Our side of the block is all CMX2.
It abuts on – behind it is all RM1.
the other side of the street is all rm1 if this was rm1 we wouldn't have a need for this variance
we'd be allowed to have five units by right because you get uh four for the first 1440
plus 480 after that so that would give us five here we don't get those initial four at that cost
so we have to so we're about 140 square feet shy of having five units by right plus a commercial
unit and what we're hoping uh the board can consent to is five and no commercial space
here's the block on either side it's a mishmash of vacant and boarded up properties
looking at it from this angle here on the rm1 side of the block you've got
some properties that are strung together one commercial spot but that's really the only
commercial space that i see on this block this is looking down the block uh again no commercial
spaces it's all just boarded up old apartment buildings going to our presentation like i said
we met with the rco they said we don't want to offer you guys anything um we want commercial
on the first floor but when pressed and we talked about how this space was not set up for that how
it's all set up as apartments and making it into a storefront or something like that would not really
make any sense given the nature of the rest of the block and no one seemed to really want commercial
space they just didn't want to grant my guy any any kind of concession here so that's the outside
of the property. We included the layouts as my client had purchased the property. There's two
units on each floor as it's set up now. So it's two, four, and six. Here's the meters in the basement.
Here's what the property looked like. It was purchased sort of midway through some folks
working on it um but i think like the the takeaway is he can't he can't have commercial space on the
first floor and we're hoping that the board is able to help with that uh you know if there's a
max unit proviso that would be fine we understand six is above and beyond the scope of what the
square footage allows and we're hopeful that five and new commercial is something we're able to do
So, and to that extent, I'll call my client to just speak briefly about his experiences with the property and what he's looking for.
Max, could you raise your hand?
You said his name is Max?
Should be under Max, yeah.
It says 644 Elm Street, LLC?
Yeah, that's him.
Okay, I will
Sir, could you state your name
And spell for the court stenographer
Hi, can everybody hear me?
Yes, could you state your name
And spell for the court stenographer
My name is Maxim Yalanovsky
That's M-A-K-S-I-M
Last name
Y-A-B-L-O
N-O-V-S-K-I-Y
Do you swear for him to tell the truth
the whole truth is nothing but the truth i do proceed counsel good afternoon max um could you
describe to the board the condition of the property and of the block when you purchased it
uh over the summer uh the property and uh when i was originally looking to buy the property all