as a commercial.
And then if the board would leave the other floors without stamp plans, we can always
readjust those freely with the building department moving forward.
With the council office had no objection to the total of the 12 units that we're requesting.
Yeah, I get that.
I just want to make sure that we...
I don't know if Sharon would be able to advise on this.
an alternative would be that first floor must contain a 684.8 square foot commercial space.
I can do that, but is it address specific?
It wouldn't be. This will be a... Oh, sorry, Sharon.
I'm sorry. This is Sharon Saleta. I was disconnected for a few minutes, so I'm not sure what the issue is.
So if I may, Chairman.
So what we're doing is we have agreed with the council office to change what you see on the screen here, Unit 4, essentially to be provided as a commercial space.
While maintaining a total of 12 residential units besides adding this commercial space here.
So the question is, what's the best way to put that into the decision from the board?
so that's complicated would it be possible for us just to hold the vote for one week in order to
work out what the exact language should be and whether it's better to do it by
a proviso or revised plans i i don't have an objection to that absolutely yeah i think we
just you know we want to you know help you out and get this done i just want to make sure that
everyone is comfortable with what the language is right and i don't want my client to have
problems at lni in the future yeah all right so so we'll hold that one up let's go back to
do you have your client do you have anybody yes um it'll be uh mr david uh badouj badouj
sir please identify yourself with the record and spell your last name please
uh david badush d-a-v-i-d b-o-b-a-d-o-u-c-h and you swear or affirm to tell the truth the
whole truth and nothing but the truth i do mr jinn thank you mr badush you were you were here
during my presentation um you've heard what i represented to the board regarding the two
properties uh can you verify that my presentation is true and accurate and adopted as your own
Yes. Thank you.
I just have one comment, just one question.
If we were just writing proviso for 685 square feet of commercial, isn't that just a simple solution or no?
Well, but it's going to change the dimensions, I believe, and I'm not, I don't know, correct me if I'm wrong, Sharon.
um i i would rather run it by ellen i so that i can confirm that you will not have any issues
when you go to get a permit yeah sir it'll work to your advantage we're only going to hold it
one week okay all right it'll work to your advantage so there's no no no confusion no
mix-up all right thank you okay thank you um this is sharon soletti again can i just say mr jinn
thank you so much for your office being so accommodating i think i emailed you after seven
than last night and you got back to me immediately and provided all the information that we needed
so thank you it's our pleasure you're welcome all right so what we'll do is we're going to vote the
eighth street one first uh mi 2020 i believe uh the planning commission did not get an opportunity
oh sorry about that i'm sorry mason i'm sorry no no problem uh mr uh this is mason austin representing
of the Planning Commission, Mr. Chairman and members of the board, with regard to 2225 North
8th Street, the lot is designated for multi-family residential in the comprehensive plan, but
is zoned for commercial mixed use. Because the proposal would be by right in the recommended
zoning district, Planning Commission supports the granting of the requested variance.
Thank you, and I got ahead of myself again. Is there anyone else who would like to testify
in this case? Please raise your hand.
Okay. Thank you. Thank you. MI 2020-001833. 2225 North 8th Street. My vote is yes with
the proviso second floor unit to provide a ventilated trash room. Yes with proviso. Yes
And for MI 2020-001832, 2215-2219 North 8th Street, this case, this hearing will be resumed on Tanya, we can do.
this hearing will be resumed on tanya we can do this next week because it's just a
a matter of clearing up the language yes as you wish chair okay so we'll do it
tuesday or wednesday what works best how about tuesday for this we got multiple ones on wednesday
that's the 15th correct correct all right this hearing will be resumed on december the 15th
at 9 30 a.m at which time we'll consider any feedback related to the proposed plan and any
adjustments that need to be made to the uh uh to the i don't know the architectural plans of this
project thank you okay all right um last case mi 2020 does zero zero one nine four five five six
This is Sharon Saleta. Mr. Richardson couldn't say but he did email us a letter in support.
I figured he was yeah okay thank you. I figured that's why I called back up. I figured he was
around somewhere. Oguns Avenue. Good evening Mr. Chairman. Good evening madam.
so we have no little people today well we do actually have little people there's one sitting
next to me very quietly eating his dinner and the other is um bad mom alert watching okay
okay also she texted me a picture that made my day so thank you okay miss belliger let's proceed
thank you all right good evening um i guess you need to start first right yes i do yep do you uh
do you agree to wave and stip i sure do and uh have you emailed an exhibit packet with the required
documents including proof of ownership proof of tax clearance a copy of the refusal or referral
and photos of the property or plans of the property five days in advance of the hearing
i sure did and have you met with the rco and if you have do you have a letter we do okay thank
you please proceed all right uh good evening mr chairman i'm sorry could you swear her in oh i'm
sorry right you swear or affirm to tell the truth the whole truth and nothing but the truth i sure
do thank you thank you tanya mr chairman members of the board my name is meredith ferliger f-e-r-l-e-g-e-r
of Dilworth Paxson, 1500 Market Street, Suite 3500E. My client is DFH Regency LLC, which is
the owner of the property and is represented here today by Josh Greenberger. This is a very simple
request, so I will be brief. We did receive a letter of support from a concerned community
association, which is in your packet at tab 11 and is up on the screen. And as Sharon indicated,
we did also receive a letter of support from the councilwoman's office. The property before you
today is 5600 Ogance Avenue. As you can see in the aerial photos that I have up on the screen at
tab six, this is a very large property that extends along Ogance Avenue from West Olney Avenue
to North 18th Street. The property is over two acres and contains a three-building apartment
complex that was built in the early 1940s. So the board understands the scale of the buildings,
I'll briefly scroll through some of the photos at tab 12. Now historically the number of units
in the buildings based on the public records that we have has varied at most reaching 203 units
sometime in the 90s, but the property was most recently documented as having 202 units.
And I will bring up the most recent permit that reflects the 202 units.
The rental license that the current property owner has is also for 202 units.
Now, the building has studio, one-bedroom, and two-bedroom units,
which are shown in sample floor plans at tab four. My client just purchased this property
just over a year ago in October of 2019. Since then, they've been undertaking a comprehensive
assessment of the property in preparation for beginning some significant renovations to these
rather old buildings. Renovations will include unit-by-unit overhauls,
including adding individual HVAC and washer and dryers, an amenity building, updated common areas
and facade modifications. Now as the new owner has become more familiar with the building and
its tenants, they discovered that the building in fact has 206 residential units, not 202.
not 202. That's why we're here, Board, for the missing four units. Now, with respect to the
That's why we're here board for the
and this
application, we received one refusal. The property is zoned RM1, which of course permits multifamily.
However, based on the lot size, technically only 194 units are permitted. This is, of course,
based on the modern zoning code and does not take into account the long-term history of this
property, which has 200, which is documented as having 202 units. It's not clear where or when
the additional four units came to be. In fact, we're not even sure which of the units are those
missing four. There are no units that are clearly different than the others that would help explain
where this discrepancy came from. My client was not able to gather any useful information from
the prior owner. We accordingly, of course, submit to a hardship because this board previously
approved the structure for 202 units back in 2011. The instant request is just to correct the
zoning records, which exclude those four units that have been in existence presumably for a long
time and certainly as long as my client has owned it the last year. 206 versus 202 units is a
comparatively small deviation for a property of this size. This is the least minimum variance
given the long-term existence of these units. This won't increase congestion. The complex does
have a large underground parking facility, and the four units have existed for presumably some time.
The proposal will not impair light and air or negatively impact surrounding properties.
the complex has been in existence for near 80 years, and the new owner is about to undertake a
sweeping modernization project that is long overdue. Documenting the four missing units
will ensure that this new owner is not stymied by incorrect zoning records.
We submit the variance complies in full with the provisions of section 14-303-8E of the code,
as is further detailed in my memorandum of law, submitted at tab 7. As I mentioned,
we did meet with the community, a concerned community organization, association. Their
letter of support is attached at tab 11. Now, Josh, if you could hit the raise hand button now,
josh greenberger
josh greenberger you have to raise your hand sir okay
josh greenberger yes josh greenberger mr greenberg's been allowed to speak
Thank you. Good evening, sir. Please identify yourself with a record name and a name, first and last name.
Josh, we don't hear you.
in the interest of time uh marith we will uh you being officer court will stipulate that your
client would adopt your testimony thank you mr chairman thank you any questions from the board
no no no thank you would anyone else like to testify in this case if so please raise your hand
I'll answer, Mr. Chair.
Thank you.
Planning Commission?
Mr. Chairman and members of the board, this is Mason Austin representing the Planning
Commission.
The lot is designated for multifamily residential in the comprehensive plan and is zoned for
that use.
Given the history of the property, the relatively minimal variance requested, and in deference
to the neighborhood group, staff of the Planning Commission has no opposition to the granting
of the variance.
Thank you very much.
MI 2020-001945
5600 Ogons Avenue
My vote is yes
My vote is yes
My vote is yes
My vote is yes
No revised plan, correct?
Okay, Meredith, thank you
Thank you, everyone
This concludes the 3.30 hearing
Is there any unfinished business?
That's it, Chair
We're all good
Thank you again, everyone
Thank you