No, Mr. Chairman.
Yes, Chair.
So, Mr. Clinton, if I heard you correctly, there's only one commercial on the first floor, and then you have three units on the second, third, and fourth floor, or are we just going to three stories?
Yeah, there's a commercial on the first, and then there's three units above, under 38 feet, but there is a fourth floor.
So there's a floor which is under 38. Okay, no problem. Thank you.
Thank you, man. See you.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
yes chair i have a caller with the last four numbers 3057 i will allow them to speak
okay hi could you state your name please and spell for the court stenographer
please unmute yourself and wait for the chair hi state your name please and spell for the
court stenographer please my name is yvette carr that's y b as in victor e-t-t-e car c-a-r-r
I own the property at 5601 Market Street, and I did hear them say that they, someone say, that they went around and got community support.
No one asked me how I felt about this, and I do have some questions because we've had a bad problem with when it was a store at 5605 Market Street, and it was a smoke shop, and they had a lot of problems.
They closed it down.
It's been closed now for a little over a year.
But my problem is what I want to know is with this 5617 market is what type of businesses and professional and personal services are going to be on the first floor?
That's my first question.
My second question is for these apartments where they said they're going to have one bedroom on the second, and I thought I heard them say that they want to have two bedrooms on the third.
And the way I read this notice is I'm assuming that the fourth floor is going to be these roof deck accesses, whatever they are.
And also, I wanted to know, are they going to have private trash collection?
Because we've had a problem in this neighborhood, as I said.
5605 was a smoke shop.
It's since been closed because they had a lot of drug dealing around this corner at 5605.
for two years straight it was torture now 5609 which is a couple of doors from 5617 what they're
trying to do 5609 is a duplex i assume and a lot of the guys that were in this neighborhood selling
drugs live in 5609 so i want to know and they're still doing what they did and and 5605 was such
torture that they just, the drug
boys just took that store over
and it's closed now, thank
God. 5535
The 5535 market is now a smoke shop, too, and it's the same problem that it was at 5605.
Market is now
a smoke shop too and it's the same
problem.
So that's why I really want to know what they're doing at 5617.
So I want to see who else has issues in the audience, and then we'll have the attorney can respond for us.
Thank you.
Appreciate you coming in.
Is there anyone else in the first audience?
No, Haynes Chair.
Mr. Clinton, would you want to respond before planning takes a position?
Certainly. On the refusal, it does indicate business or professional use. It's not going
to be a retail location, so it's not going to be a smoke shop. And if we have a use beyond
professional and business, we'd have to get a use permit and basically come back before the board
and back before the community again. And this was the type of question that was posed by the
community group and and my answer there is the same as it is today it's it's going to and we
said to the community if anybody has any use that they could use or anybody wants to use the the
building on the first floor we don't have a tenant so we're looking for somebody okay thank you very
much planning commission thank you chair bergman and board members good morning david vecto with
the city planning commission the comprehensive plan recommends no change to the residential
multi-family zoning at this location this property has been zoned multi-family since 1971.
there is no unique physical condition or circumstance of this property that would
prevent it from being used in conformance with the zoning code the city planning commission
recommends the board deny the proposed use variances for personal services and business
and professional offices. MI 2023 001 870 5617 Market Street I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Councilman.
Thank you, Mr. Chairman, members of the board.
Number two, MI 2023-001-872-105 West Oxford Street,
Jennifer Brazillo is the attorney.
There's a letter of opposition from South Kensington Community Partners
and a letter of opposition from Councilmember Lozada.
Jennifer Bezidlo has been promoted.
Good morning.
Good morning, Counsel.
I think I already swore you today, right?
You did?
So, could you just state your name for the record?
Jennifer Bezidlo, B-A-Z-Y-D-L-O.
And could you identify your client in relationship to this property?
my client is dylan thompson sevick uh and he is the property owner and applicant and our uh
vice chair has just a few questions okay good morning counselor do you agree to
read the reading of the refusal and stipulate to exactly i do and you know then all the required
documents and exhibits that is needed and required to receive this case i believe in advance of the
hearing? Yes, the RCO letter was mailed in after that, but I had submitted proof of the meeting
five days in advance. Fair enough. Fair enough.
One second here. All right. Okay. So, like I said, I'm here today representing the property owner,
Mr. Thompson Savick. He owns the property and is currently living in it. So we're just going to
run through the exhibits and then I'll come back to the ones that are relevant to my presentation.
But I just want to show the refusal. It's just one for visitor accommodation.
Here you can see that Dylan is the property owner.
and we have no property taxes owed on the property. This is the letter from South
Kensington. We'll come back to that as well as the proof of mailing. There's our zoning notices.
We'll come back to these photos as well. Photos of the property, aerial views of the property,
the zoning map for the area. We're going to come back and talk about the financial analysis as well.
Our house rules. And then this is just showing the floor plans of the property. It's a single
family home, set up as a single family home. So let's just come back to, sorry, let me get back
to the pH I want. All right, so here we have, so 105 West Oxford.
All right, so here we have, so 105 West Oxford is an RM1 property.
The lot is about 750 square feet.
It could be two units by right, but right now it is only one unit.
The home itself is a little under 2,000 square feet and set up as a five-bedroom, two-bath home.
As I said, Dylan and his wife Sarah are currently residing in this property as their primary residence,
But they are looking to purchase another property in the immediate area and use this property for visitor accommodation.
So I know that we have a residential zone property that we're asking to be used as Airbnb or visitor accommodation.
But I want to talk about why this is a reasonable application given the location of this property.
Um, so if we look, uh, here, um, this is the property immediately across the street from my
clients. Uh, this is a, this property is, um, zoned IRMX, uh, Airbnb, a visitor accommodation
is a by right use in this property. Uh, right now this property is a, uh, mix of commercial
businesses and 114 residential rental units. Every single one of those units across the street can be
an Airbnb by right. If we then look to also see the property that's immediately adjacent here to
my clients at 101 West Oxford, as you can see, this is a property that is a really large CMX 2.5
property. This is the rear of my client's property. You can see that this, and this is the back of
101 West Oxford here too. It completely encapsulates my client's property. We can go to the
aerial view. As you can see, this building wraps, this commercial building wraps all the way around
his. And the only other two properties on this block, other than this large IRMX and this large
CMX 2.5, are these two RM1 properties. We also have a parking lot for the nearby elementary
school. So we have something that's really not a residential block at all, and we have a property
that's absolutely surrounded by commercial uses.
If we go also a little bit further out
and we look at what's going on
on the immediately adjacent block,
which is Front Street here,
let's just go back to show the photos
of where we're located on the street.
So like I said, this is my client's property.
This is looking west down Oxford.
And this is looking east from his.
As you can see, we're right by the L.
is the property immediately adjacent to the properties on Front Street.
So we go to the zoning map here.
As you can see, if we look a little bit further out on the immediate blocks adjacent on Front Street,
we have more IRMX, which again is Airbnb visitor accommodation by right.
This building, this is the large 114 unit building we were discussing previously.
And then we have CMX3 on the other side of Front Street over there, which again allows for visitor accommodation by right.
So as you can see, while this property is zoned RM1 for residential use, we are surrounded by commercial properties.
And the other, there are only two other homes on this block, and it is mostly large rental and mixed use commercials and the immediately adjacent blocks under the L are also commercial industrial mixed use, many of which allow this use by right.
So if, you know, we're talking about, we understand that there's concerns about Airbnbs in residential neighborhoods, but this is not a residential block.
It's surrounded by the commercial properties, and we're allowed to look at the surrounding uses of a property when determining what is an appropriate use and determining if there's a hardship for granting a variance.
I do want to also note that our request to use this as a single visitor accommodation unit is the minimum variance necessary to afford relief.
We're going to talk a little bit more about some hardship later, but I just wanted to mention now, again, this could be two units by right under the code in RM1.
We are sticking with one unit and one visitor accommodation unit.
So let's just go back to the RCO letter.
One second here. All right. So we did meet with the RCO on September 27th. 81 properties were notified of this meeting. There were two community members who came to the meeting.
One second here.
All right.
So we did meet with the RCO.
Both were voted in opposition. However, I wanted to note that these were not the property owners of the adjacent residential property and were from farther out in the community.
they had a couple of the general opposition was a general opposition to Airbnbs and not
specifically to my client in general. There was some concerns, again, about some of the issues
that Airbnbs can cause. To that, I wanted to talk a little bit about our proposed house rules.
So let me just go there. Next. One second. So these would be the proposed house rules to help
control any sort of problematic behavior. We have a minimum of two night stays. That usually helps
to eliminate a lot of like the party rentals. We also have a minimum age of 21 plus. All guests
that are going to be at the property must be listed in their one booking. And there will be
strict quiet hours, trash regulations, and also a strict no party policy. Fines and penalties in
place should those things occur. And any violations of the rules and regulations would
be grounds for termination of the rental through Airbnb. I do like to mention at this point that
if you have a problematic Airbnb guest, it is much easier to get them out of the property than
if you have a problematic long-term tenant. I do understand the concerns. However, I think it's
worth noting that we've all experienced bad tenants for long-term rentals too, and they
were impossible, you know, that we had to deal with for years and years and years. Anyway, so I
want to go back to some of the other issues brought up by the RCO. One second, sorry, I just
left my place in my notes. So again, the other general opposition was just that, you know, this
is a residential property and should be used for residential purposes. As I presented earlier,
While this property is zoned residential, it is surrounded by commercial uses and properties that with this use would be allowed by Wright.
Literally, if this variance was denied, we could have a single family home facing a 114 unit Airbnb, while they are not allowed to have that same use themselves.
The other issue that was brought up was that they would like to obviously see this as a long term rental instead of a short term rental.
So at this point, I would actually like to turn this conversation over to my client, Dylan, who's going to go over why that's not a financially viable option for this property.
So, Dylan, if you could raise your hand so that they can unmute you.
Could you state your name, please, and spell for the court stenographer?
Dylan Thompson-Sesek, D-Y-L-A-N-T-H-O-M-P-S-O-N hyphen S-E-V-C-I-K.
All right.
Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Council proceed.
So, Dylan, I just want you to discuss a little bit.
I know you did some financial analysis about what the cash flow would look like on a long-term rental versus a short-term rental.
And if you could just walk us through those numbers and how you came up with them so that you concluded that it was not financially viable to have a long-term rental in the property.
Absolutely. Jen, do you mind scrolling up to the long-term one or down?
Yeah, sure.
Yeah, right there.
So the two immediate single-family homes adjacent previously are occupied by long-term tenants.
The one immediately adjacent, however, did just sell.
And at the time, they were renting for about $2,550.
And that's what I used as the projected monthly income there.
The house next door to that one, so two doors down, also on the same block, was renting for about $2,600, a little bit bigger of a property.
So I based off the $2,550, and this is kind of what I included.
the PITR or principal interest taxes insurance on the property is about $2,300. And with vacancies
and repairs and everything like that, it ultimately came out to a little bit of a net loss on a
monthly, as you can see under the monthly cash flow with the negative $75. And that was accounting
for uh approximately five percent vacancy and five percent um maintenance as well uh for the short-term
um uh maintenance as well uh for the short-term rental numbers uh uh doing the same analysis for
the most part with the primary principal taxes insurance uh and everything like that and also
including uh utilities and everything like that i have the monthly expenses at about 3200
uh and then i based the monthly income off of air dna data which pulls data from airbnb
and any Airbnbs in the local area.
I primarily based off a property
called Palmer in the Park
and they had about 60,000 in revenue,
60 to 70,000 in revenue.