ZBA Hearing - August 17, 2021

on the satellite picture still remaining throughout this area including not only our lot but other

lots as well. So that's what we've seen from other developers what they're doing to rehabilitate a

blighted portion of the city. I also have a few other pictures to that end that are included in

my packet that the board, of course, can review. This is a satellite picture. If I zoom in, you can

see some vacant lots surrounding the area down between A Street and 9th Street with the property

being highlighted on the red location arrow. So that's sort of the essentials of this very

request here as to why it's necessary. As I mentioned earlier, we have had repeated discussion

with the RCO. They had no opposition to the concept of a triplex, to any dimensional issues

with the structure, or to anything else relating to the actual variance request that we are making.

Instead, their concern was trash management. We had gone back and forth about it. We proposed a

rear yard trash shed. I was trying to get confirmation from them that that solved it.

never heard that there was any problem with our proposal so to the best of our knowledge there is

not uh opposition from the rco um as to this project and just to um highlight the zoning

here is another important factor we're in rm1 we're adjacent to an i3 industrial district and

an i2 industrial district so this is not you know we're not proposing a triplex in in some of the

low density area of the city, we're proposing it in fairly, you know, commercial or industrial

zoning, industrial zoning, I should say, is adjacent. So we believe that the variance is

not going to change the character of the neighborhood and is an appropriate way to

allow us to develop this parcel. We also don't have any issue in terms of the grounds that would

deny a variance so if i turn back to the um to the picture of the lot one concern that people

may have um is that we're building adjacent to this apartment building but given that that or

these triplexes rather given that we're building within essentially the dimensions that would be

allowed for a duplex usage there's no additional impairment to light or any of the other factors

that would justify denying a variance on that ground.

Any injury to light available to these windows we're looking at here

would arise solely from the fact that there's a building here

to replace this vacant lot, not from the variance request.

replace this vacant lot not from the variance request so as we're looking at it the variance

So as we're looking at it,

request uh does not impose any of the harms we would worry about for for denying it and we

haven't heard from neighbors we haven't heard from community members any concerns uh in this regard

uh as to the reasons for granting the variance and so uh i mean i'd be happy to answer any

questions the board has, I think that that covers the primary issues here that we have

before I ask my client to adopt my testimony. Well, let's get your client to adopt and then

I'll find out if there's any questions. Can we promote Mr. Payne to the panel?

Mr. Payne, you can unmute yourself and please wait for the chat.

Mr. Payne, please spell your first and last name, and I'll swear you in.

S-A-L-E-E-M, Payne, P-A-Y-N-E.

You swear if I'm to tell the truth, the whole truth, nothing but the truth?

Yes.

Thank you. Mr. Auerbach.

Mr. Payne, were you here and listening to what I said for the last few minutes?

Yes.

And are you a member of the applicants of Urban Real Estate LLC?

Yes.

and would you adopt my testimony as your own

if you had testified here today?

Repeat that again, please.

Would you adopt testimony as your own

as to the application for 2003 North 9th Street?

Yes.

Thank you.

Thank you.

Any questions from the board?

No.

No.

Would anyone else like to testify in this case?

If so, please raise your hand.

I see no handshake. Thank you, Planning Commission.

Good afternoon, Mr. Chairman and members of the board. This is Mason Austin representing

the Planning Commission. This property is indicated for multifamily residential in the

comprehensive plan and a zone for that use. However, the lot is only 851 square feet and

And so only two units are permitted by right.

There is no unique circumstance of this lot that would prevent it from being used as single

family residence or two family residence in accordance with the zoning code.

Consequently, staff recommends that the Board deny the requested use variance.

However, the requested dimensional variances are de minimis in reflection of the undersized

lot unless the Planning Commission has no objection to the granting of those dimensional

variances.

Thank you.

As we said earlier, Mr. Auerbach will be notifying the community.

Tanya, I would also ask, I think you may have said it, but I would make sure that the councilwoman, I believe it's Councilwoman Sanchez's district, or whoever the councilperson is, that their office be notified as well.

Yes, Chairman.

The new date is September 8th at 9.30 a.m.

Okay, MI 2021-000979-2003 North 9th Street is continued to September the 23rd at 9.30 a.m.

No, Chair, I'm sorry.

Resumption hearing, I'm sorry.

No, September the 8th at 9.30.

September the 8th at 9.30. It will be a resumption hearing, at which time we will consider any feedback from the RCO or the district council person's office.

Thank you, Chair.

One brief question. If I were to speak with Mr. Austin to discuss his objections and the possibility of modifying the plan, would I submit a revised plan or is that not possible with a resumption hearing?

We can do that, can't we, Sharon, at the resumption hearing?

I think we may have lost her.

I believe we can.

Okay, I can ask Sharon.

Yes, you can.

Okay, excellent.

Thank you.

Thank you.

Is there anyone who was looking to testify and we've not called you at this time, please raise your hand.

Not in this matter or on any matter for that.

I see no hands, Chair.

Any other, any unfinished business?

Not on my end, Chair.

Okay, Madam Administrator, we'll take your word at it and thank everybody.

And we'll see you all tomorrow morning.

Thank you all.

Have a great night.

Good night, everyone.

See you later.

Good night.

Good night, Ms. Lunkett and everyone else.

Good night, everyone.

Good night, Jay.