ground floor um on residential use instead of commercial use which is what the zoning code
says right now. So my property is located in CMX2, which says that the ground floor must be commercial
and that the upper floors may be residential. The lot size is 1,241 square feet. The zoning code
says that two upstairs apartments are allowed on lots below 1,400 square feet, and then above 1,400
square feet you're allowed to have three upstairs apartments so we're very close to that number
so there are but essentially i want to maintain three total units and i just want to change the
use of the ground floor from commercial to residential technically this has triggered two
refusals one for the ground floor use and then one for having three residential units
Could you give us any of the diagrams of what the interior will look like?
Yes, absolutely.
So I'm proposing something that I think will fit in character-wise, kind of a traditional brick facade.
Here you can see the front.
These are the floor plans that I'm looking at.
The one unit that I would be living in
would be on the ground floor and the basement.
Could you enlarge that a little bit, please?
Yes, absolutely.
Maybe shrink it a little bit now.
I'm going to just be able to...
the rear bedroom in the first in the basement you have a staircase access out of there
was that um was that a doorway out i'm trying to figure it yeah we're actually in the plans
that i submitted we had a staircase um actually to to answer this um i'd like to have my architect
david salomon um be sworn in if that's acceptable please um david if you could raise your hand
salomon please identify yourself spell your name and for the record and i'll swear you in
Yes. Hi, Mr. Chairman. My name is David Solomon. It's spelled D-A-V-I-D-S-A-L-A-M-O-N.
yes hi mr chairman uh my name is david salomon it's spelled d-a-v-i-d
You swear and affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir. I do.
My question was, what is the means of ingress and egress for the basement unit?
So from the base, there's two bedrooms in the basement unit.
They are currently on the plans.
did you get that exhibit up mr zellers yes i can show that sorry for the interruption
no problem uh the front bedroom has an uh egress well and the rear bedroom is um
uh has a staircase out of it okay that's what i needed to know all right
all right um i'm gonna move along quickly here um
questions from the board no no anyone else would like to testify in this case if so please raise
your hand i have sloan folks thank you mr folks you're still under oath please identify yourself
for the record good afternoon chairman de chico uh zba board sloan folks sloane efforts of fire
or lks office of councilwoman maria quinones sanchez uh room 508 city hall uh you have uh we
our office as i've heard uh mr letter say that we you have received a uh letter of a non-opposition
from our office i'm just reaffirming that the councilman has no uh opposition to this uh various
request thank you thank you thank you um anyone else would like to testify in this case if please
raise your hand no hand thank you planning commission
can't hear you paula you're muted i got the camera on paula brumblow burns planning commission
well we have no objection to the requested variances in looking at the site plan i think
there are some issues that when they get to building permit may have to be revised
It looks like the stairs from the first floor rear going down to the ground, A, may not be permitted, and it also looks like they are wider than the property and cross the property line.
Also, it looks like the front stairs landing at the sidewalk is going to be where the exit well is.
So we just want the applicant to know that that site plan as presented here today may have problems at the building permit stage.
So noted, I guess, to both the owner and the architect, but other than that, there's no
opposition on the plan, and that should at least be noted, and the fact that I'm not
how they have the stairs coming down to the sidewalk, the window well looks to be at the
base of that.
Okay, thank you.
MI 2020-001203 2204 North 2nd Street my vote is yes my vote is yes
Thank you. Number 13, MI 2020-0011967424 Revere Street.
This is Sharon Saleta to let you know that I have no record of having received exhibits
for this appeal or number 14. Thank you. Is there anyone here for
Rivera Street
I have the zing
are you here for this property
as the owner yes
okay I will promote you to panelists
good afternoon sir
please identify yourself for the record
spell your full name
sir hello yes please identify yourself and spell your full name
my name is ding zhang e-i-n-g that's named z-h-e-n-g
we're in a firm to tell the truth the whole truth nothing but the truth
yes did you hear our city our solicitor tell you uh acknowledge that we've not yet
Did you hear our solicitor acknowledge that we've not yet received any of the exhibits?
That really.
I was not aware of sending any exhibits.
All right. Well, you'll see on the application. So this case will have to be continued.
MI 2020-0011967424 Revere Street is continued.
number 14 yeah hold on one minute confessor uh 826 south voig's v-o-g-d-e-s street voig's
anyone here on this case
no hands at this time by 2020 dash 000 368
826 South
VOGDES
Street is continued.
Viges. Thank you.
20-001
816 South 10th Street.
i have promoted steve bertill to bet i apologize i was going to say that mr bertill is the attorney
and we have a letter of non-opposition from the rco good afternoon members of the board
good afternoon mr bertill please identify yourself for the record spell your last name
Steve Bertil, B-E-R-T-I-L
Claire Harrison Harvey in Brandsburg
Address is 1835 Market Street, Suite 1400-19103
You want to affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do
And you agree to wait for the reading of its refusal and stipulate to its accuracy?
Yes, I do
Also, have you emailed an exhibit packet with the required documents
to prove of ownership, prove of tax compliance,
copy of the refusal or referral,
photos and plans five days prior to this evening?
Yes to all.
Also, have you met with the RCO and have a letter?
Yes, we do.
I want to share my screen.
I'll try to be as brief as possible,
members of the board, as this is.
You're breaking up a little bit.
I'm sorry, can you hear me now?
you're still breaking up slightly uh let me see here
is that better not the same give it a show let's try it see what happens
okay i'll be uh quick this is fairly straightforward let me share my screen
This is an application for a lot line relocation at 816 South Tufts Street.
We've generated some dimensional refusals due to just the unique nature of the existing
improvements in the building. Just to get through there quickly for the sake of time.
I'm going to interrupt you for a second. I need to know, is the sonographer able to get this?
She's shaking her hair yet.
Okay, I didn't see. Thank you. Please proceed, Mr. Britson.
Okay, thank you. I'll jump straight to the property. I'll incorporate the entire exhibit
packet at the end and have my witness, one of the owners, adopt and affirm my testimony.
As I stated, we're here for 816 South Temp Street, just highlighted here. It is zoned as RM1.
This property, the property has an improvement that sits on a two existing, a three-story structure
with two existing single-family condominium units, each fronting on opposite streets,
one fronting on 10th Street, and one fronting on Warnock Street here, and they are attached
only in the rear by a firewall. As such, we're requesting the frontage of the property
on Warnock Street, which is what we'll call this condominium unit A, and here's the front
edge of the property on 10th Street, and we'll call this condominium unit B. It's a zoning
area, so you can see that they're actually in physically two separate residential single
residential single-family units and they're just attached here by a firewall as such what we're
family units and they're just attached.
proposing let me zoom out so you can see that better is the relocations of the lot lines from
a one single parcel to two parcels that are divided along the firewall that divides the
residential units physically. We're not proposing any renovations, any constructions of any kind,
no change to the footprint of any physical structure or improvement
or a property. We're literally just relocating the lot lines. So why are we here? Because due to the
nature of the building we regenerated a few dimensional variances first of which is the
setback of the um the front edge on warnock street is the existing building as it stands
is already set back further than this adjacent building and therefore once we subdivide
the uh property it created this um dimensional variance not dissimilar to that uh refusal we
We also receive a refusal for the rear yard, death, and the rear yard area of both properties.
As you can see from the area, there is no rear yard.
This is an existing condition.
We're not making any changes, and therefore, it's creating that refusal because we're subdividing
the lot.
And lastly, we received a refusal for the open area of the unit facing on 10th Street.
And as you can see, there is an open area space there, except it's not the percentage that would be required on that code.
So, in short, we're literally just changing the documentation of this lot to subdivide
and therefore have it be reflective of what the actual use is, which is really just two
single family homes and not an attached structure with multiple condominium units within it.
We did meet with the RCO and received no opposition.
as was stated earlier here's a copy of the letter not a post um and i have a representative of one
of the owners of miss rebecca mazar who can adopt an affirm on testimony if she raises
her hand to be recognized
is that miss chilla birdie no miss uh rebecca mazar
hello hi this is good afternoon please identify yourself with a record spell your first and last
name my first name is rebecca r-e-b-e-c-c-a my last name is mazar m-a-z-a-r and do you swear
and affirm to tell the truth, the whole truth, and nothing but the truth? I do. Please proceed,
Mr. Patel. Thank you, Mr. Chairman. Ms. Mazar, did you hear the testimony that I provided to
the board this morning? I did. And do you confirm the truth from my testimony and
I do? I do. Thank you. Questions from the board? No.
nope anyone else would like to testify in this case if so please raise your hand
no hands thank you planning commission we have no objection to the granting of the variance
are you muted sorry about that mi 2020 that's 001208 816 south 10th street my vote is yes
my vote is yes my vote is yes before we go any further tanya we have two cases left
and then the wayne avenue uh i don't know if we're going to get we're going to be able to
get this done by one o'clock um no problem i would um ask that um if it's okay we can complete wayne
avenue then go forward with the other two and my staff um and all that's on the line can leave at
one o'clock and i will stay on to complete okay thank you um this is sharon saletta the there's
actually i think only one left number 16 was um voted on the add-on list oh okay thank you
you're welcome so we don't have to do that one that's off all right so we have wayne avenue and
then number 17 all right i forgot where we left off uh there was some discussion going back and
All right, I forgot where we left off.
There was some discussion going back and forth about the RCO.
Question was posed about are there any other multifamilies on the 4500 block of Wayne Avenue, I believe.
And I think Ms. Weiss was in the process of responding to that question from Ms. 3, I think.
Is Ms. Weiss still available?
Ms. Weiss, you must unmute yourself.
Yes, I'm here.
Okay, again, I don't know if you heard my statement just then, my comments, rather.
You were in the process, I think, of being asked a question and answering.
are there any other multi-families on the 4500 block of Wayne Avenue yes I believe on the
across the street across the relative street is a multi-family and
And there are, I really didn't do an inventory of the houses, except for the adjacent one, which was zoned single family.
Yeah, we know that.
And then all of the streets, all of these streets that are perpendicular to Wayne, Berkeley, Zeralda, absolutely, they're all zoned single family up to Pulaski Avenue and on Newhall Street.
That's a whole cluster of single family homes.
Okay, thank you.
I just want to go back.
I don't know if the councilwoman's representative is still on.
If you are, please raise your hand.
If not, we'll move on, Ms. Threatt, with your testimony.
No hands up.
Okay, Ms. Threatt.
Commissioners, we followed the guidelines of the ZBA and we met with the community.
the solo community organization actually supported our request for a variance I don't believe it's
proper for the board to substitute their opinion for the community's opinion the letter states that
there was no consensus there was a consensus the community voted in favor of our development