ZBA Hearing - July 9, 2025

be the same or is it consistent with

what you understand the

property? Yes. Okay.

I would submit Mr. Ragunan on.

Questions from the board.

Questions or comments from our attorney?

None at this time,

Mr. H.

Questions or comments from the virtual audience?

i see no hands here planning commission thank you chairman and good afternoon david fecto with the

city planning commission chairman and board members the comprehensive plan recommends no

change to the rsa5 residential single family zoning at this location the city rezoned this

neighborhood in 2019 in accord with recommendations in the comprehensive plan there is no unique

physical condition or circumstance of this property that would prevent it from being used

in strict conformity with the zoning code. We also note, as we always do when someone mentions

affordability, that absent participation in a city, state, or federal program, or a city zoning

incentive, affordability mentioned in the impelence testimony cannot be enforced by any city agency.

The City Planning Commission recommends that the Board deny the proposed use variance for two

dwelling units. Thank you. MI 2025, 000541, 1530 South 53rd Street, I vote yes. Michael Johns,

my vote is yes. Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes.

Brian McAdams, my vote is yes. Tywin, my vote is yes. Council, could you please stay on? Yes.

Okay. Number 15, MI 2025-000542-5044, Haverford Avenue. Tameka McCoy is the attorney. There's a letter of support from the 44th Ward Democratic RCO. Counsel, you've already been sworn, just for the record, state your name.

Sure. Tamika McCoy. And could you identify your client relationship to the property?

Sure. Tameka McCoy.

And could you identify your client in relationship to the project?

Sure. Jim Ragunanon, who is the owner of the property.

Right. And do you waive the reading of the refusal? And do you agree with its accuracy?

Yes, I do. Please proceed.

Sure. So this property that's located on Haverford Avenue, the 50th block of Haverford Avenue, seeks to convert a single-family dwelling into a two-family household.

Here we have attached the deed as proof of ownership.

I may just have one second.

That is the HUD one.

Here it is.

For Mr. Ragunanon.

The taxes for the parcel has also been paid.

there were 130 plus affected neighbors that were notified of the proposed variance that was sought

by Mr. Ragunan on. As the board chairman explained, there is unanimous support for this particular

property. I'm going to move to pictures. This is a frontal view of the property. There is a space

for the side yard. This is looking directly across the street of Haverford Avenue and then this would

be your view to the right of the property and the view to the left facing 51st Street. This is a

better view of the side yard access where both the first and second floor unit would be able to access

the back. The trash plan for this particular unit would be to have the trash canisters in the back

of the yard until it's the appropriate time to bring it forward. And both residents would be

able to do that. And this is what the rear yard looks like. It isn't fenced.

and both tenants would have the ability to access it.

This shows an interior photo of the basement

as it looked when it was acquired.

These are additional interior photos.

These photos are of the first floor.

here you have a photo that shows the notice affixed to the front door of the property

and there is a front lawn moving to the plans there would be no proposed changes to the actual

structure itself. It would be interior modifications to essentially bring the two-story,

two-family dwelling into code. Each proposes two bedrooms. There is a living space. Each has

natural lighting. Again, there's a covered front porch where that front porch would allow access

into each of the unit. Each unit would have its own access. This property is equipped or will be

equipped with automatic sprinkler systems as well. Again, there was unanimous community support. I

I believe there are multiple properties in the area that are two family dwellings as well.

And with that, I would like to have Mr. Ragunanan join the meeting to adopt the testimony.

Mr. Ragunanan?

Yes.

Just for the record, state your name. You've already been sworn.

Jim Ragunanan.

Please proceed, Counsel.

Mr. Ragunan, did you hear the testimony that was provided to the board?

Yes, I did.

And does it fairly and accurately represent your intentions for the property?

Yes.

I would submit, Mr. Ragunan.

Can you testify to that there's multiple units on the block?

Yes, I did.

And so I don't have an actual copy of a zoning for this particular block, but at the RCO that was discussed.

but at the RCO that was discussed.

Okay.

Okay. Thank you very much.

Thank you very much.

Questions from...

Questions from the board.

Is this existing layout?

Yes.

Can you go back to the floor plan?

Sure.

So you've got two bedrooms and a bedroom that enters to another bedroom.

where's the in the second floor unit where's the living room is that the live of the living room

is in front and the where the front bedroom used to be and then correct that's correct sir okay

and then who has access to just the first floor unit has access to the basement

yes that's correct and what is the basement used for the basement is used for storage okay

is the basement finished no um it was acquired in this um state is not technically finished um

it looks let me yeah but there are no plans to do any no any additional work changes okay

other questions from the board

questions from our attorney hillary emerson

not at this time mr chair questions or comments from the virtual audience

no hands at this time chair planning commission thank you chairman and good afternoon david

fecto with the city planning commission chairman and board members the comprehensive plan recommends

no change to the RSA 3 residential single-family zoning at this location. Oh, let me amend that.

It looks like it's RSA 5. The city rezoned this neighborhood in 1976. This property received

rental licenses, a rental license for one dwelling unit in 2017 and a new rental license for one

unit in 2025. This is primarily a single-family block face. There is no unique physical condition

or circumstance of this property that were prevented from being used in strict conformity

with the zoning code the city planning commission recommends the board deny the proposed use

variance for two dwelling units thank you mi 2025 000 542 5044 haverford avenue i vote yes

michael johns my vote is yes cheryl gaston my vote is yes

Panetta Graham, my vote is yes

Ryan McAdams, my vote is yes

Ryan Wynn, my vote is yes

Thank you, counsel

Thank you very much

Is there anyone in the virtual audience whose case has not been called from the 930 list?

No hands, Chair

Thank you, everybody

See everybody at 2 o'clock

Thank you very much

Okay, see everybody

If you wish to speak on a particular matter, please note the following.

First, when directed by the chair, you must raise your virtual hand in order to be recognized.

Second, if you're called to testify, you'll be promoted to join as a panelist.

Please accept the request and turn on your camera.

Third, the webinar Q&A is for questions about the hearing.

Do not comment on cases in the Q&A.

Fourth, if you're participating by phone, please press star nine to raise your hand and star six to unmute.

In addition, if you're called to speak, you should state and spell your name and then wait to speak.

Once you have been sworn in, please state your name each time you begin your testimony.

Lastly, any person may enter their appearance.

There are two ways to enter your appearance.

You can identify the case, property address on your Zoom webinar,

or you can call the ZBA appearance line by the close of business tomorrow.

Call 267-270-5548.

Leave a message that includes your email address and the address of the property.

Let's look at our schedule for this afternoon.

Right with you.

be up there in one minute

number one

MI 2024

MI 2024-002-476-5229 Market Street.

002 476

52

Brandon Saverin is the attorney.

Is Brandon coming on, Hillary?

Mr. Chair, he sent a letter so that we can just withdraw that.

So, number one, MI 2024-002-476-5229 Market Street.

That case has been withdrawn.

Number five, MI 2024-006-896-2600 West Montgomery Avenue.

There's a request for continuance from Council Member Young's office.

It's Mr. Anastasio in the audience.

This is Jason Handel will be your calls for the session.

Mr. Anastasio will be coming back to the panel.

Thank you.

Good afternoon, Mr. Chair.

Counsel, can you just state your name, please, and spell for the sonographer?

Yes, of course.

It's Vern Anastasio, A-N-A-S-T-A-S-I-O.

You swear or firm to tell the truth, the whole truth, nothing but the truth?

Yes, sir.

uh council member young has requested continuings on this case yeah there's a i'm not quite sure the

basis for it i did speak to the rco leadership this morning there seems to be a procedural

calendar issue um the case that i appealed is ep number ending in 3435 uh is i'm sorry

that's not true the the case that i appealed uh is scheduled for today there is another case that

was appealed by another lawyer at some point in the process uh ending in three four three five i

believe or but that case is scheduled for august 6th so the rc do you have what hillary was been

talking to me about hillary what do we have on this yeah no there are there are two separate

appeals in this case one scheduled for today and then one scheduled for next week the one that i

have for next week or sorry august is the it's a zp 2021 015 984 984 that's the one and yes and

that's that's the yeah that's the one that's scheduled for next month um i do see strawberry

Managing Community Concern on here, who's the coordinating RCO, I believe, for both appeals.

And I know that there was some confusion because there were two appeals for the same property. So

we want to bring them on. Mr. Anastasia, was there a meeting for this particular appeal?

Oh, yeah, there were. And we're all on the same page. It's going to be non-opposition and all

that. And she can come on, the leadership can come on and talk about that. She's asking that

we hear this matter August 6th. Now, August 6th is scheduled for an appeal from a previous attorney

who is no longer representing the client. Either way, I'm fine with it, so long as we don't exceed

August 6th. I don't want a continuance and then get it an October or November date when we've

met all the requirements uh it just was a the rco was confused and that's why they're asking for the

continuance but they're asking and i don't want to speak for them i'm sure if she'll if you ask

the rco to come on they'll testify that they're just asking for the august 6th date and i'm okay

with that. Why don't we bring the RCO on? Yep.

The

community

has been allowed to speak. They've been promoted. They'll be back in shortly.

Sure.

Hello? Hi. Could

you please stay safe? Hi. Hi, how are you?

I'm good. I'm good.

um my name is bonita cummings b-o-n-i-t-a cummings c-u-m-m-i-n-g-s all right do you

swear or affirm to tell the truth the whole truth nothing but the truth i do miss cummings have you

heard the conversation we've been having here yes and it was just some confusion around the time

period we thought we had um with the date confusion and so we spoke this morning and um the attorney

has agreed to just uh let this go to the august the 6th date it is the same property

um and we had some provisos that we are working through

And we had some provisos that we are working through, and we just want to make sure everything is good.

Hillary, can we move to that date? Is that date already scheduled?

Chair, I have to defer to Executive Director.

Ian?

yes chair um i'm sorry is is it the case that the um the other appeal is is abandoned or not

continuing that's correct we'll supplant that one in its entirety that's correct okay all right

so we'll we'll put that in for the august 6th uh thank you yeah that will be a 330 i believe

Okay, thank you.

Yeah, so that's

MI 2024-006-896-2600 West Montgomery,

rescheduled to August 6th at 3.30.

Thank you.

Thank you.