ZBA Hearing - February 19, 2025

the borough street property uh commercial uh trash pickup and um storage of uh interior storage

of medical waste okay which they already said that they'll do that's fine uh councilwoman has

no opposition to granting the variance thank you for calling we appreciate it anyone else in the

virtual audience there are no money planning commission thank you chairman and good afternoon

david vecto with the city planning commission chairman the comprehensive plan recommends no

change to the cmx2 commercial mixed use zoning at this location the appellant has shown the

proposed group practitioner will have no detrimental impacts on the neighborhood

beyond what might be expected the city planning commission recommends that the board grant or

proposed special exception for a group practitioner. Thank you. MI 2024-006-848-6201

Germantown Avenue. I vote yes with proviso, interior storage of medical waste,

commercial trash pickup. The requested provisos for this application were...

The requested provisos for this application were.

I mean, he testified he was going to do it.

Oh, OK.

Right.

Sorry.

Oh, it's OK.

Michael Johns, my vote is yes with provisos.

Cheryl Gaston, my vote is yes with provisos.

Tanetta Graham, my vote is yes with provisos.

Taya Nguyen, my vote is yes with provisos.

Ishmael Shaheed, my vote is yes with provisos.

Thank you, counsel.

Thank you.

Thank you.

Thank you for your time.

Alan Knackerson is coming back in as a pen.

I think we can start.

so mi2024-006-801-8541 bustleton avenue alan knockerson is the attorney mr knockamson you've

already been sworn you just state your name please alan knockamson um could you identify

your client the relationship to their property yes uh jordan miss rocky who's in the virtual

audience and i would say we have a a recommendation of unanimous support from the ron her civic

association and a letter of non-opposition from council member o'neill i i do see a little note

here from our council you may be missing a refusal required accessory off street parking

the property's owned rsa3 so i think they missed they may miss a refusal for parking on there

so i'm just noting that for the record that's okay okay yep all right

good afternoon counsel do you agree to weigh the reading of the refusal or stipulate to exact

i do 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 counsel please proceed

thank you um someone else is sharing um i mean i think meredith is still sharing

I think can I stop that

we can take her off right we can take her down right

yes I was trying to change her role but it's not working for me

all right here you go

all right so these next two matters are pretty straightforward

no you had a long day let's keep it no no no wait a little couple a few more

when you're done well i see mr masters waiting there for three the 330 list i mean oh well if

mr masters is waiting i'm gonna go slow all right 85 41 bustleton um i feel like this is legalization

day with corner properties um this is a corner property that has been a two unit in the past

one residential one commercial i sound like a broken record i am i am swapping out the commercial

use for residential use and it's not out of character we have a few exhibits typical exhibit

packet no notice of refusal letter of support not only from the coordinating rco but the district

council member also has a letter i believe of non-opposition property history again showing

multi-unit use uh redfin listing which pulls from the public records which ironically says this is

a multi-family property we're not saying that it is but it shows public record maps of the area

photographs of the property and the surrounding area we have interior photos of one of the units

our plans and drawings we we we create based on you know what we understand is the site conditions

or RCO meeting notice, along with proof of mailing of that notice or application for appeal

or deed to the property and a certificate of tax clearance. Again, at the conclusion of my

presentation, I would ask that Jordan virtually raise his hand to be sworn in. Notice refusal.

This is an RSA3 property. All we're looking to do is legalize this two-family use. Jordan

took over this property actually from his mom or his parents, and it was this way when he

you know when he took ownership of this property so all he's trying to do is legalize this so he

can get a rental license for two family dwelling and you know as council stated there should be

probably be a refusal for parking as well uh we met with the community it was a you know well

attended meeting uh unanimous support nine members of the of their rco board voted in support of this

project again because of that support the district council member has no objection to the granting

in the variants. Property history, again, showing that it's been, you know, a dentist

you know a dentist office this resident of this commercial unit it's actually even been a synagogue

office, this resident of this commercial unit. It's actually even been a...

at one point so um there's separate entrances so again the corner property similar to what we saw

the last one we're not trying to squeeze all the use into one entrance or all the entry points

into one front door there's multiple front doors again you can see here from the public

record that redfin pulls for whatever reason it does indicate that this is a multi-family

structure, even though it's not. Maps of the area. Again, we're a corner property right here.

Photographs of the property. The second floor unit is going through Busselton. The

first floor unit has not the best picture, but you'll see a separate pathway to the first floor

unit which is on mower and then this is the rear of the property on mower street as well

and then there is some type of uh driveway of some sort uh that has been closed up over the years uh

by you know by previous uh property owners proof of posting for today's hearing both on mower as

well as bustleton avenue bustleton avenue on the right of the property again this is a commercial

corridor so it would be out of character really to have this as an rsa3 property there's a shopping

strip across the mall bustle tintel left of the property as you can see here there's even

multi-family use here i would assume that these are apartments mower to the right of the property

again not in like you see more apartments you see like again um you see some non-single-family use

here mower street to the left of the property interior photos not the best photos these these

are occupied units so we want to get in and out not disturb the tenants try to keep some privacy

as well so we just asked one of the one of them the the tenants to like let us in just so you

have an idea of what's in there

plans and drawings pretty straightforward uh the first floor unit this is essentially the one we're

trying to legalize um it has a separate entryway on lower streets you have a dining room a living

room in the kitchen you see windows here as well as here and then you have three bedrooms again

based on what we saw of the photographs there's windows across here there are no windows in this

side because this is a party wall um the second floor unit that's where you come in from busselton

has a door front door here common uh dining room kitchen living room windows here there's a separate

door on mower street so it's a separate form of egress and by the way there's a separate form of

egress too for the first floor unit in the rear because everything's on grade and then we have

bedrooms two here a bathroom and a laundry facility rco media notice we met with the

community on january 23rd at 6 30 p.m this is our proof of email showing that we gave it to the

community groups showing proof of mailing of that community notice that we sent to 77 addresses

proof of mailing to those addresses or applications for appeal that we filed on jordan's behalf

along with the notice of refusal in the project information form

the deed to the property showing that jordan miss rocky is the owner of the property

and then finally the certificate of tax clearance again to be repetitive even though

that shows there's a balance. It's not due until March 31st of 2025. I'm going to unshare

my screen. I would ask that Jordan virtually raise his hand and be sworn in.

Who is she, Jordan?

Yes, Chair. Jordan is coming in as a parent.

Thank you.

Hi, Jordan.

Can you hear me?

I can. Could you please state your name and spell it for the stenographer?

Name is Jordan Mizrachi, spelled J-O-R-D-A-N, last name M-I-Z-R-A-C-H-I.

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

I do.

Please proceed, counsel.

Jordan, you heard everything I had to state today about your zoning matter.

Yes.

Is it true and correct?

Yes.

Or do you adopt this in your own testimony?

Yes, I do.

Thank you.

Alan, just out of curiosity, are there other properties up there like that?

Yes.

Well, as you saw through across the street, there was a shopping center, but there was also apartments along Busselton Avenue.

along bustleton avenue right okay questions from the board where's the trash stored um i would

Okay.

Questions from the board.

i believe that the both do both units i guess the jordan correct me if i'm wrong i think the

trash is stored for the first floor unit in the rear yes the first floor in the rear and the uh

Second floor should be by the gate, by the side entrance.

Yeah, there's a side yard here, so they store it out there.

And can you flip through the exterior photos again?

Sure.

And these are two three-bedroom units.

I think that...

On your plan, your show.

Let's see.

One, two.

Oh, that, yeah, my...

Well, okay, it's the two-bedroom second floor and three bedrooms on the lower floor.

Yeah, and then our firm did confirm.

We did go through Google Street View even today just to confirm where the windows were.

So we have exterior photos of that.

Well, you see here, just showing windows in the front for the second floor unit.

i'm concerned about the the lower level yeah you had a bad photo of that low level yeah i remember

correctly you can see there's like a there's a cover going in the door yeah but but here

there's another one yeah no i know i'm just saying for the rear here are some more windows

is that that goes to where does that go to what space does that door go to um let me just confirm

in a bedroom yeah i believe that's the bedroom but i don't want to state let's see that would go

to this is the those are the windows for the kitchen area and then so that's

so these ones are the pair of the glass block that's right and then again these

are existing conditions and then we saw windows

along here here here and i think that's the extent of the window hard it's kind of hard to

see yeah not the best photo but we did i had my team actually look at it maybe they didn't add

those photos and i asked the question because you know having legitimate windows that you know

or egress windows out of the bedrooms are an issue and it's hard that's above this is above

grade right here this is all above grade but you've got this area here which is not quite no that's

right that is that is correct that is not above grade right so so so that's why i wanted to see

the you know where they happen all right thank you yeah but there are windows like i believe

there's one window right here my team confirmed too no okay thank you other questions from the

board. Do you know the rough estimate

of the square footage of each of the bedrooms?

I don't

think our team looked at that.

I know

that

I don't

think we looked at that. I don't think we

measured that out.

Other questions?

Questions from our attorney,

Hillary Emerson?

Not at this time, Mr. Chair.

Questions from the virtual audience?

planning commission

thank you chairman good afternoon david effecta with the city planning commission

chairman and board members the comprehensive plan recommends no change to the rsa3 residential

single-family zoning at this location this neighborhood was rezoned in a community

supported map change in 2012. this property has a documented history as a synagogue approved by

variance in 2001 and a dentist and physical therapy office prior to that the proposed dwelling

units will bring the building closer into conformance with the current zoning and the existing

property configuration precludes the provision of an accessory off-street parking space the city

planning commission recommends that the board grant a proposed use variance for two dwelling units

and just in case we get an amended refusal for not providing an off-street accessory parking space

Thank you, Mr. Chair. I actually want to respond to board member Wayne's question. So I'm looking at my notes. The occupied area is 1,221 square feet. So, you know, it's a pretty large building structure.

Perfect. Thank you.

So MI 2024-006-801-8541 Busselton Avenue, I vote yes.

Michael Johns, my vote is yes.

Cheryl Gaston, my vote is yes

Tanetta Graham, my vote is yes

Tywin, my vote is yes

Ishmael Shaheen, my vote is yes

Can I play with you?

Number 14, MI 2024-007-266-1753-55, South Ringgold Street.

Alan Nockamson is the attorney.

There is a unanimous support from the Point Breeze Community Development Coalition.

Applicant also provided two form letters of support from neighbors on the block.

Mr. Nockmson, just for the record, state your name.