ZBA Hearing - April 13, 2022

That's what it is.

We have 1224 existing, whereas 1440 is required under the code.

We have my application of appeal.

the project information form, a copy of the deed.

Again, all taxes were paid through 2021. 2022 is due and owing. However, again, I represent to

the board that upon confirmation of the controller from Fracio Properties LLC, that check was mailed

on March 25th. And it just has not been cleared and, you know, the system updated. Okay. So,

and then we have floor plans. The first floor is the commercial area where the grocery store is.

There are two apartments on the second floor and one apartment on the third floor.

Again, this is a picture of the property at the corner of 63rd and Haverford.

Again, we have the convenience store or grocery store on the first floor,

two apartments at the second, one apartment at the third. A side view, again, you can see here

is the entrance to the apartments, the grocery store. The rear portion of the second floor

is one unit, and then the front, I would say two-thirds, roughly, would be the other unit,

and the third floor again consists of one residential unit. All three are currently

occupied. Again the side entrance you'll see the three mailboxes. We do have security cameras

on site. This is just an aerial view showing that the property is at the corner of North

63rd Street and Haverford Avenue. The sister building or the sibling building is directly

across the street which is also a grocery store and three apartments.

We did meet with the RCO. Let me blow this up for you. They submitted their summary of the meeting,

whereas they indicate its opposition. However, if you look at the summary of the meeting,

there were four in support, one in non-opposition, which would total five,

and there were five opposed. So I would submit that it was an even vote, opposed and not opposed.

They do submit a letter indicating some background on the property.

They acknowledge that my client purchased it in 2012.

There were already three apartments on the second and third floors and a variety store on the first floor.

However, in their number three paragraph, they have concerns about the maintenance of the property and some issues with the grocery store.

There's no mention whatsoever about three apartments and whether or not they are opposed to the three apartment use.

And then we have the zoning history. Again, a use permit filed in 2019 was for sale of consumer goods on the ground floor with two family.

The applicant obviously did not know that there were three.

property. And then we have the other zoning permits attached to the packet. Again, here

is a Google map of the property. As you can see, we are here with the big red dot. And

and then directly across the street is the other 554 uh this property over here where it says

then directly across the street is the other 554. This property over here, we're

lincoln fried chicken uh is also a uh a restaurant use on the first floor with multiple you know

multiple apartments pardon me um this photo here shows uh you know top and bottom our building on

the top photo and the bottom photo is the uh mirror image building directly across the street as you

see they have the same bow windows in the front they have the same bow windows on the side

and they both have commercial use on the first floor with three apartments above

here's another larger photo of the grocery store across the street

the side view again it would be the mirror image of what our building is

another aerial view and then finally the zoning map and i i feel this is important because you

the four properties at our end of the block are zoned cmx2 one at the other end of the block is

also cmx2 however every other property in between is owned rm1 so this is a um a a multi-family

block in one way or another some have commercial uses on the first floor some don't um i've gotten

some text messages from my client he was having problems logging in um however if you were here

he has reviewed my entire packet he reviewed the packet that was submitted to the RCO

he attended the RCO meeting tried to address their concerns to no avail obviously because

they have concerns about the grocery store but again they mentioned nothing about the three

family use if he were here as an officer of the court I would indicate that he would verify the

truth and veracity of my representations to the board and he would most certainly adopt them as

his own testimony and based upon that we would ask that the board grant this variant questions

from the board no mr chairman no mr chairman questions from the virtual audience

i've seen no hands at this time training commission

uh ron bednar city planning this property is indicated for commercial mixed use on the city

plan or adopted district plan uh the applicant's hardship is not supported with evidence of unique

physical circumstances or condition of the property that would prevent it from being used

in conformity with the code one additional unit could have been achieved through the city's mixed

income housing bonus program therefore given the current proposal we recommend the request

for variance be granted not be granted

MI 2021-004992-559 North 63rd Street I vote yes

Thomas Holloman my vote is yes

James Snell my vote is yes

Ishmael Shaheed my vote is yes

thank you mr chairman okay so is there anyone in the audience whose case has not been called

i see no hands at this time chair thanks everyone good day's work

good night good night good night another add-on i guess i'm sorry rebecca

was that one add on from the email i i took care of that okay thank you yeah we did that earlier

this morning she had that rolling it was just the one we did a little while ago thanks all right

sure thanks everybody have a good night all good night good night