ZBA Hearing - October 7, 2026

Yeah.

As far as I remember from the RCO meeting and the discussion, the RCO, so they were just,

they did not want trash cans to be on the porch.

um so we would make that clear to the tenants and the first floor would have uh be stipulated

to keep their trash in the rear of the property um in the backyard i assume and then they'd be

able to bring it out on trash day and in the other units we would include lower trash cabinets

that have like two receptacles each or uh tenants to be able to keep their trash in a cleanly and

ass manner in the units until trash day and the units aren't too big you know one's a one bedroom

one's a two bedroom so it shouldn't be too much for them to handle so where do you plan on putting

these closets and why aren't they on the plans it's like um it's just a lower trash cabinet

the kind that's uh what it is but it's still supposed to be on the on the plans also supposed

to be ventilated so like one i think i'm concerned that you don't have space to do that on the second

or the third floor i'm also concerned that with this plan on the first floor the tenant while

there's a sun room would have to bring a trash receptacle from the outside through the bedroom

through the entire house to the front of the property and it just seems like you could put

it in the lease as much as you want but for human behavior and sanitation not the not the most solid

of plants they'll the first floor will also have one of these um trash receptacle cabinets in their

unit you know the rco was suggesting the backyard as well but they'll also have one of those um

trash cabinets so you're not opposed to a proviso that requires interior trash storage it sounds

because you're planning to do it anyway yeah no we're planning on it and we're amenable to that

and then is the first floor unit the only unit that's going to have access to the basement

Yes.

Then what is going to be the plan when other units have to deal with utility repairs or assessments?

So it would, it seems it would just have to go through the first floor unit in most cases on a lot of the buildings we've done.

That's just had to be the case for the most part.

and this usually works out okay.

And is your LLC doing your own property management?

We use a management company.

You do use a management company, okay.

Other questions?

Okay, and I just think, I don't, well, my comment is,

I'm not sure why we're going to two bedrooms

on the first and second floor when, you know, it just makes it, I think, even tighter than it was,

you know, like the first floor plan and second floor plan before where there were one bedroom

units each, I think, is a better layout and use of the space. That's just my comment. Okay.

Other questions? I agree. I agree 100%. And the other issue,

of course is having to walk through having to go through a bedroom to access the back the only

commons you know outdoor space for the first floor unit um is is always uh problematic i think the

units are too dense for three for three units questions or comments from our attorney no

questions at this time mr chairman questions or comments from the virtual audience

I do not see any huge Mr chair any commission thank you chairman and good morning David

Fecto with the city planning commission chairman of board members the comprehensive plan recommends

no change to the RSA 5 residential single family zoning at this location the city changed the

zoning in this neighborhood in 2021 and a council requested map change this appears to be a

legalization of a long-term triplex. The City Planning Commission recommends the board grant

the proposed use variance for three dwelling units. Gabriel, I'm going to hold this until

next Wednesday. We will vote at 9.30 a.m. The next Wednesday is the 14th, I believe, right? Correct.

October 14th at 9.30 a.m. 14th, right. 9.30 a.m. And we just want to kick it around and figure

out where we want to go with this, okay? Understood. Thank you. Thank you. And just to be clear, Mr.

chairman. It's closed. It's closed. It's closed. Number 13, MI 2026.

Number 13, MI 2026-002415, 7029 Sprague Street.

Vern Anastasio is the attorney.

Good morning, Mr. Chair.

Good morning, Council. Could you please state and spell your name for the stenographer?

Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Anthony Bright.

Okay. Our Board Secretary has a few questions for you.

Thank you.

Good morning, Council.

Good morning.

I think it's still morning, right?

Okay. Did you submit your documents and exhibits 14 days in advance of this hearing?

I did.

And do you waive the reading of the refusals and stipulate to their accuracy?

I do.

Then you can share your screen and begin your presentation. Thank you.

And Maureen, this is going to be hearing hold, am I correct?

That's correct. I don't know if Council knows.

I just I don't know that that that wasn't advised tax compliant understood okay I could probably

could have gotten you information in advance of this hearing had I known that but that's

we'll send it over thank you

7029 Sprague

It's a vacant lot. It's a very unusual parcel, as you can see here.

This is the lot in question. Our application is to subdivide this strange, unique property and build two single-family homes with front garages.

Here's a different view of it here. You have Sprake Street. You've got Germantown in the back.

Here's an aerial view of the site in question.

and we're basically dividing it and going to create two single-family homes

you got to choose some interior

I don't see any of the interior

it looks like we have a cross-section here

Each unit will have three stories.

Both will also have roof decks, private decks for each property, and a garage for each household.

There is a setback on these decks from the Sprake Street side, but they do go up to the property on the Germantown Avenue side.

With that, I'd like to have Mr. Bright come adopt my testimony.

they're being promoted to panel thank you

Thank you.

Hey, good afternoon.

Morning.

Could you turn on your video so we can see you?

One second.

Yeah, go.

Sir, could you please state and spell your name for the sonographer?

anthony bright a-n-t-h-o-n-y b-r-i-g-h-t you swear or firm to tell the truth the whole truth

and nothing but the truth yes counsel mr bright did you hear my presentation to the board this

morning yes the true and accurate to the best of your knowledge yes and you adopt it as your own

testimony yes thank you questions from the board okay um i i guess my

okay can i can i see these plans again sure i'm sorry i may not have a question but i

all right

so

and you didn't get any

okay there's two people at the RCO

no no no no I'm talking about in terms of the refusals

to me because it seems like I mean

what's what's the what's the grade here I'm sorry that's the question yeah yeah so you've got a a

pretty what looks like a pretty steep grade here so you didn't get any kind of refusals for um

steep slopes or anything yeah we have three page refusal and that's not on here

well

i know interesting i was thinking the same thing yeah i was like i'm just surprised that's all

i i thought that they would you know there would be some kind of mention of that okay

never mind thank you what or can you just briefly go can you just briefly

go with the list of refusals are just most many of them are they're all dimensional for the most

part right and they're considering their rear yard the side and not the rear because they're

you're right on the property line that's correct uh the rear yard depth uh we have the accessory

Parking of course is considered a refusal as well the roof deck access structure itself is not set

back five feet although the deck is and then there's minimum lot area we have 1266 and 1234

respectively where 1440 is is uh I mean obviously this is a textbook definition of unique a unique

site a unique site so I mean uh and it would be under Hertzberg itself I think we're entitled to

the relief but obviously we respectfully request it other questions questions from our attorney

no questions at this time the virtual audience no hands at this time planning commission

thank you chairman a good afternoon david vecto with the city planning commission

chairman and board members the comprehensive plan recommends no change to the rsa 5

residential single-family zoning at this location the city changed the zoning in this neighborhood

in 1973 and a council supported map change this is an oddly shaped triangular lot however by

dividing this lot into two the appellant is knowingly creating two lots that are even more

out of compliance with the zoning code than the existing lot zoning does not guarantee a property

owner the maximum use of the land only that the land can be used the city planning commission

recommends that the board deny all proposed variances mr chair a single family home here

would just be absurd and unmarketable so that's why we divided it all right so we're going to

hold this should we give it two weeks we can give it a week or two weeks i bet if we give this two

weeks vernie you'll have to that's fine i'll be able to get you the information that'll be the

21st am i correct correct and we'll vote at 9 30 a.m but everything's closed on this i appreciate

I appreciate that. Thank you.

that. Thank you. Thank you.

Thank you.

Except for him providing tax compliance.

Well, I'll just send that administratively, right?

All right. Vern, you have the next one, too.

So it's MI20260024162426, Waterloo Street. Just for the record, state your name.

Vern Anastasio, A-N-A-S-T-A-S-I-O.

on behalf of my client mr alvin commie okay um let me see here there's a letter of

opposition am i correct from norris square i did not get that but thank you okay right

am i correct that is correct mr chairman and our board secretary again has a few questions for you

uh good afternoon council did you submit your documents and exhibits 14 days in advance of

this hearing i did and do you waive the reading of the refusals and stipulate to their accuracy

i do and so you can thank you yes i'm sorry good forward with your presentation thank you

okay 2426 waterloo street uh this is also brand new construction uh and uh this is uh for the

construction of a two-family dwelling. It is zoned RSA 5. This is a vacant lot that has

been vacant for quite some time. There are several new construction properties around

the property that have all been two and three family dwellings. We've gotten refused for two

reasons. First, a de minimis dimensional variance where we're proposing 77% usage on the lot.

what's allowed is 75%. So, that's a distinction without a difference, really.

The primary refusal, however, is the use to family dwelling, and we'll take you through that plan.

we meet 100 with the height setback on the deck this is the allotting question

the structure itself will be completely in line with the 2428

which is an existing i'm sorry council i don't mean to interrupt

nothing seems to be on the screen that you were talking about

oh okay i'll try again thank you

there we go it's coming up can you see now it's coming up right now okay great

again this is the uh the front and rear elevation

meeting all height requirements

this is the citing question on the left the build out of the building is exactly identical to the

existing adjacent property this will be new construction

two by level units

and we'll start left to right in the lower level basement

then we'll have an egress well and a bed washer dryer and a full bath

on the first floor we have a bedroom in the front living room dining and kitchen

open concept with sliding glass doors to the rear. The second floor, as you can see here,

another bedroom in the front with living, dining, open concept. And then the top floor,

two other bedrooms with a walk-in closet and a full bath. Washer dryer in each unit,

unit, as well as trash storage in each unit.

My client initially wanted to build a single family home here, but even at 1,500 square

feet, the numbers were coming in at in excess of $425,000.

And on this particular block and this particular census track, it would be unattainable for

just about anyone that we could market it to, and my client believes he wouldn't even

be able to get what it would cost to build at this particular point.

As a result, he explored the two-family dwelling to make the numbers work, and that's why we're

He explored the two-family dwelling to make the numbers work, and that's why we're here.

here.

This is the lot in question.

Again, there are several new construction surrounding the property that are both two- and three-family dwellings.

This particular adjacent property even has some sort of parking pad out front, but our house will come up to this line.

Which we hope will prevent people from parking illegally, which is, I think, the real premise of why some of the RCO didn't want anyone to build on it because they're using and enjoying the sidewalk as free parking.

With that, I'd like to call my client, if he's still on, Mr. Alvin Cammie.

What's his name, Alvin?

Alvin, A-L-B-A-N, Cammie, C-A-M-I.

verne as an officer of the court could you handle the questions right of course thank

questions questions from the board

yeah question do you know that the uh the the multi-family building

i guess to the i can't tell where this is i guess to the west of the site is that the front

that fronts on this street or is that the rear their fronts on this front that's the front so

that front I think so I think so yeah they have to drive it's like a parking pad and then they

like a parking pad yeah yeah yeah I think I don't know if it's legal but okay right and then um

you know I would I would uh if if approved that you know you've got the opportunity here to raise

the basement up a little bit more out of the out of the grade because there's nothing really around

you to to you know so uh try to uh associate with uh in terms of you know elevations and whatnot

agreed i would i would love to do that if if the board so proves it yes sir completely amenable

questions from our attorney no questions at this time mr chairman questions or comments from the

virtual audience no hands at this time planning commission thank you chairman and good afternoon

david vecto with the city planning commission chairman of board members the comprehensive plan

recommends a change in zoning at this location from rsa 5 residential single family to rm1

residential multi-family the city rezoned this neighborhood in 2016 in this parcel from i2