will have no detrimental impacts to the neighborhood beyond what might be expected
the city planning commission recommends the board grant a proposed special exception for group living
thank you very much thank you thank you and we'll vote uh 2 p.m that day okay okay thank you all
All right. Thank you. Mr. Hennessy, thanks for your attention.
Okay. So number one, MI 2024-002-278-415 South Bend, Pell Street.
Jennifer Benzillo is the attorney.
We'll be coming back in as a panel shortly, Mr. Chair.
can you hear me jennifer i can good good afternoon good good evening i should say and
sorry it's so late could you please state your name and spell for the court stenographer
Jennifer Bazzidlo, J-E-N-N-I-F-E-R.
Last name is B as in boy, A as in apple, Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar.
You swear or affirm to tell the truth, the whole truth, nothing but the truth.
This is a resumptive hearing, so we'll get right into it.
And here's what we believe the updates we're looking for from you now are.
A letter of non-opposition based on revised plans.
Yep, we got that.
Right.
Updated two pages submitted showing tile to cover part of the existing stucco.
Remaining stucco will be to be removed and replaced with metal fencing.
Correct.
Right.
Provided photos of interior courtyard and wall on Van Pelt Street.
So here is, this is the, let me start with the interior courtyard first.
So here you can see the interior of the courtyard.
It really functions as the backyard for these residents.
We have like little seating areas, some grills, the bicycle storage area.
We also have the, this is the mail area.
I know that was being asked about, as well as the vestibule where the packages are dropped off.
And then the front wall is right here.
This is the wall that separates the other two buildings on Van Pelt Street.
I know you would ask for measurements of those. It's 11 feet 8 inches to the top of the cornice line on this, and then when we factor in the railing, we're at 14 feet 8 inches, and what we are proposing on the other section of Van Pelt Street here would be a total of 12 feet, so significantly lower than the portion that separates the other two buildings.
I can go into more detail if you would like.
And you post it again, am I correct?
Correct.
Here's the postings on both sides on Van Pelt Street.
And I'm blanking on the other side of the building, but it's on both sides.
I'm blanking on the other side of the building, but it's on both sides.
Is there anything else you want to add?
Is there anything else you want to add?
I just want to say that, you know, I do have this nice now side-by-side image.
Hold on one second.
This is what was there.
This is what we're proposing.
So they're very, very similar.
It adds about two feet of height and upgrades those metal railings to add the extra security for the building,
for the residents living inside here
and using that space as their kind of outdoor living space.
And the CCRA is in non-opposition now,
mostly because their biggest concern
was about the aesthetic look of what we were proposing.
And we're now proposing these nice ceramic tiles
that kind of blend in.
So all we're really doing is taking what was there,
that existing brick wall.
We're adding a layer of block,
which is going to be covered by these ceramic tiles.
that block is necessary, not just for security purposes, but also to anchor the new railings.
Because if we tried to drill into the old brick, it wouldn't really secure those railings.
So here we have a project that we've worked together with the neighborhood extensively to come up with their ideas
that now is aesthetically pleasing and meets their standards, as well as providing extra security to the building.
So I think we're in a really good spot here now to ask for approval by this board.
Questions for the board?
Questions or comments from our attorney?
Ms. Bazidlo, are there revised plans?
Because I saw what I thought was a new set of plans for this submission today, but I did not see a proviso form.
The only change is that we added this rendering with the tiles.
okay so then there should be the two pages of revised plans then so we would just need a
proviso form okay update that okay because i don't think there's any changes from like materially
from i didn't change it because it would i would think i would write the same thing but i'm happy
i'll get that to you this evening all right let me let's just make sure is we want to hold the
vote on that no no we can adopt it that we have the two pages of revised plans right here we just
needs we just need the proviso form sent in correct okay
questions or comments from the audience i want to make sure center city is not on
mr chair i do not see any hands raised planning commission
thank you chairman and board members uh good evening david pecto with the city planning
commission the comprehensive plan recommends no change to the rm1 residential multifamily
zoning at this location the city rezoned this neighborhood in 1975 the appellant has not shown
that they would suffer an economic detriment if they were required to install a code compliant
fence the city planning commission recommends that the board deny the proposed dimensional
variance for a non-compliant fence thank you mi2024 002 278 415 south van pell street
I vote yes. Revised plans, two pages, today's date, 2-19-25.
Michael Johnson, my vote is yes, with Proviso.
Cheryl Gaston, my vote is yes, with Proviso.
Tanetta Graham, my vote is yes, with Proviso.
Taya Wood, my vote is yes, with Proviso.
Shaheed, my vote is yes, with Proviso.
Thank you, counsel.
Thank you. Just one quick question. Hillary, would you like me to email that to you or submit it through the form, the additional proviso plan?
If you wouldn't mind doing both, that would be very helpful. Thank you.
Okay, great. Just want to follow procedure. Thank you so much.
Thank you.
Number five, MI 2024-006-143-7601 Thuron Street.
Ariel Rose Gold is the attorney.
There's a letter of support from the 50th Ward Executive Committee.
Applicant provided four form letters of support from neighbors.
One from the block.
Mr. Chair, they will be rejoining as a panel shortly.
Ariel gold. Yes. I cancel. Hi. Hi. Could you please state your name and spell for the course
sonographer. My name is Ariel Gold, spelled A-R-I-E-L-L-E-G-O-L-D. Do you swear or affirm
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
to tell the truth, the whole truth, nothing but the truth? Yeah.
Could you identify your clients and the relationship to this property?
My client is Lawrence Canty and Barbara Canty, and they are the owners of this property.
And our vice chair has just a few questions.
Good evening, counsel.
Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?
yes thank you please proceed and share your screen okay i will good evening
chair and members of the board thank you for hearing this i um we need you to share your screen yes
give me one moment
There you go.
It's coming up now.
Oh, good.
So I am here representing 7601 Thuron Avenue.
One of the property owners is in the audience here too, Mr. Lawrence Canty.
We are seeking to legalize a fifth unit in 7601 Theron Avenue, which is a legally operating quadplex operating under a non-conforming use variance.
I'll go through the notice of refusal.
We met with the 50th Democratic Ward and received a letter of support and letters of support from numerous neighbors close by.
The property is located in an RSA 5 multifamily zone district.
However, we believe that it is not out of character for the neighborhood.
So I'll show you the zoning map, photographs of the property, architectural plans and drawings, the RCO meeting notice, the application for appeal, indenture, and certificate of tax clearance.
The architect, Nicholas Noel, was here, but he had to leave.
Hopefully that's not a problem.
I could try to get him back on if you would need to speak with him.
This is a notice of refusal.
So we are seeking to expand the non-conforming use by 30 percent, wherein the code is only allowed for non-conforming use to expand by 10 percent.
In 2020, a family member of the property owners died and in haste to make room for that family member's widow, they converted one of two pre-existing garages into one bedroom unit for her to reside in.
She still lives here, as do most of the tenants that have occupied the property since 2009 when they purchased it.
They haven't raised rent prices.
So they did not realize when they were converting the garage into a unit that they were exceeding the allowable expansion.
And now they're seeking to legalize it and provide some security to their family member and tenant who lives in that unit.
uh we met with the 50th democratic ward on january 28th they provided a letter of support
there are also near neighbors this one is from the property with the lot right adjacent to 7601
theron avenue at 7600 forest ave um saying that they support this um change in use
and then others from down the street and around the corner also sent letters to the board
expressing their support. And also in order just to get the neighborhood more informed and to
increase participation at the RCO meeting, Mr. Canty posted on Nextdoor to just let everyone
know what he wanted to do with the property. He received overwhelmingly positive reactions,
a lot of views, a lot of comments. So he's really trying to make this a community-supported thing.
I'm just going through it quickly in the interest of time.
I know we've all been here pretty late.
So this is 7601 Thuron.
Right on the next block, you have two other properties with 24 units and eight units,
both operating under non-conforming use variances and a bunch of multifamilies surrounding the property as well.
So we don't believe that this would be like stick out like a store thumb in the neighborhood.
We think this would conform well with the neighborhood.
These are just pictures of the properties with multiple units in them.
uh 7535 theron avenue has eight units that one's right down the street and only a bit larger in
7535 Theron Avenue has eight units.
That one's right down the street.
lot size than our property is um the zoning map just shows that we're strictly in an rsa
five district however there are numerous multi-families in the area council could you
show us the garage that you created the unit is that what we did right we created yeah that's
that's coming up in like a few more slides okay um this is just showing that it's right by the
commercial corridor of tom ham mall and tons of public transportation properties right here
um this is the front of the property this is the other pre-existing garage it parks two cars inside
in one car in the driveway this is the part that was converted into a unit it has um space for two
cars to park in that driveway and each unit only has one car so there would be no there this is
and this is the unit that was converted from the garage into the unit bedroom this is another unit
in the property, washer and dryer for use, hardwired alarm system, exit signs, smoke
alarms. These are pictures of the zoning hearing notice posters facing both frontages that
the property has sides on. Architectural plans and drawings. This is the aerial view of the
one-bedroom apartment that used to be the garage. You could enter in through the vestibule, or it
also has its own private entrance. These are floor plans of the properties. That's a little
bit more blown up here, so I'll show you this one. This is the layout of the unit that we're
looking to legalize. You enter through the vestibule, hallway, one-bedroom with a kitchen
and a bathroom. All the other units on the property are mirror images, so I'll just go
through one of them where you see living room, kitchen, one bathroom, and bedroom.
This is the RCO meeting notice that was mailed out on January 16th
To 110 near neighbors, proof of mailing, our application for appeal, the deed showing ownership, and lastly, our tax clearance certificate.
And that concludes the presentation.
okay is your client here yes why don't you have your testimony adopted
okay um mr canty could you please raise your hand um it's the button at the bottom of the screen
and when he took this over from whoever it was already done or he he who who did the garage
you over? He did it in 2020. Okay. All right. Mr. Canty? Yes, I'm here. Could you please state
your name and could you please put your video on? Yes, I'm trying to do that. Sure.
trying to video
all right well Mr. Canty please state your name and spell for the stenographer
video okay one second please
okay Mr. Canty could you please state your name and spell for the court stenographer
Yes, my name is Lawrence Canty, L-A-W-R-E-N-C-E, last name Canty, C-A-N-T-Y.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Hey, I'm Mr. Canty.
You heard my representations to the board today, correct?
Yes, I did.
Are they true and correct to the best of your knowledge, information, and belief?
Yes, it is.
and would you adopt my statements as your own testimony yes i will questions from the board
yes um so i have a question about that fifth unit what is the square footage of the whole