OK, yeah. And just as to reaffirm, this property has no history of industrial use.
And we would agree to a temporary variance as well.
All right.
So we'll take a look at that.
We'll vote on that next Wednesday at 2 p.m.
Thank you very much.
Thank you.
Is there anyone in the virtual audience whose two o'clock case has not been called?
I see no hands at this time.
We're going to take a five-minute break and then we'll come back and do the 3.30 list.
Thanks, everyone.
Thank you, Chair.
Good afternoon. My name is Bill Bergman, and I will be chairing the 330 ZBA hearing.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chair.
Our Board Member, Thomas Holliman.
Present, Mr. Chairman.
And our Board Member, James Snell.
Present, Mr. Chairman.
Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.
Here's our virtual format.
Be advised the proceedings are being recorded.
The video will be available by contacting TanyaSunkett at phil.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and you wish to testify, press star nine to raise your hand
and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email
and the address of the property in question. And finally, the question answer box on the screen
is not for comments or testimony. All comments should be directed to our Executive Director,
Tanya Sumley. Let's look at our continuances for this afternoon. Number one, MI 2022, 006-898-4241
Boone Street. Justin Crick is the attorney. I understand he has a request for a continuance.
mr crick good morning members of the board um yes my name is justin crick uh j-u-s-t-i-n
last name k-r-i-k i am here for 4241 boom street do you swear or affirm to tell the truth the whole
truth and nothing but the truth yes and you need a continuance yes we are uh we are hoping to reach
Yes, we are. We are hoping to reach a compromise with the RCO and need to get some proviso plans drafted for an additional meeting.
a compromise with the
MI 2022-006-898-4241 Boone Street. First listing. The case is continued. Thank you for calling in, sir.
Thank you.
Are there any other requests for continuances?
i see no hands at this time chair
case number 11 mi 2022 zero case number nine mi 2022 006 978 2034 ripley street
if the owner is present please please uh raise your hand
We have a request for withdrawal, but we do not have the withdrawal letter yet.
Are the owners here for Ripley Street? If you are, please raise your virtual hand.
I see no hands, Chair.
MI 2022-006-978-2034, Ripley Street. That case is continued.
you. We're going to start with case number. We're going to go to our list. Case number five.
MI 2022-007-150-4801 North 9th Street.
Marush Sanja is the owner. It's a pro se. This application is multifamily household living,
three dwelling units in existing structure. The proposed multiple family household living is
prohibited in the RSA 5 zoning district. There is a recommendation of support from the Logan
Square Civic Association. Chair, Mr. Sinai has come back in as a panelist now.
Sir, could you unmute yourself? Thank you. Could you state your name, please, and spell for the
court reporter. Sure. First name Mirosh, M-I-R-U-S-H. Last name Sinaj, C-E-N-A-J.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I do. Our vice chair has just a few questions for you, sir.
Good afternoon, sir. Have you emailed in all the required documents and exhibits that are
needed to proceed with this case five days in advance of this hearing yes i have thank you
please proceed and share your screen
okay um we should thank you thanks um so i'll start with the property deed i'm the owner of
this property. I bought this property in August of 2022. This is my tax clearance for the property
and the recently paid off clearance. This is the refusal. This was refused because the house is
zone for single family. And this is my appeal. So this is just a brief description. This is a
corner, three-story building. It has three existing units. This is an existing property.
I bought it this way. There are three gas meters, three electric meters on the property.
You'll see that it's a huge, it's a very large property and with good size units.
And before I went to L&I to get the rental license, I was, I got the inspection for Section 8 and I intend to rent it out through Section 8.
This is the project information form.
These are the list of the neighbors.
Only 113.
there are some um there's some land that was uh in the front of the property that's why there are
so few and these are the the postages posted um this is the the letter that i sent out um again
just stating that i'm just trying to legalize this existing triplex um and that this is already an
existing three-family house, and only single families allowed for this area.
Do you have photos of the house?
Yes, I do.
Let me show us the photos.
This is the front facing the front of the house.
um this is let me see if there's a large photo so all three units are above ground
Let me see if there's a large photo.
first unit second unit and third unit um you can see on the side um the first uh the ground floor
unit has two entrances and the second and third uh units above have uh one entrance
um i'm just going to go back i did i did have a meeting with the name nearby neighbors and the
logan rco and um i appreciate their vote for support and all of them voted in support of the
project um and these are the three meters and three three electric meters and three gas meters
that are existing on the property three furnaces three water heaters and i have a sketch
of the unit sizes they're they're a good size i mean these are good very good sized units
um so when you when you when you bought the property you bought it as as a dupe as a triplex
correct but it doesn't have the zoning i understand i understand and do you have any
idea how long it was a triplex before you bought it um this property has been a triplex for at
least 100 years okay um it's not okay and i have some properties uh photos of the property
all right all right questions from the board board here no mr chairman no questions or comments
from the virtual audience.
Chair, we have Charles Richardson.
Mr. Richardson, please unmute yourself
and wait for the chair.
Hi, Mr. Richardson, you were already sworn.
Just state your name, please.
Charles Richardson, R-I-C-H-A-R-D-S-O-N,
Office of Councilwoman Cindy Bass.
Councilwoman has no opposition
to granting the variance.
Thank you very much for calling in.
Is there anyone else in the virtual audience?
Chair, I see no other hands at this time.
Planning Commission?
Ron Bednar, City Planning.
First name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
So while this property is currently indicated for residential use on the city plan, given the physical circumstance of the site, its use history, evidence, we recommend the request for variance to be granted.
Thank you.
MI 2022-007-150-4801 North 9th Street.
I vote yes.
Tom Snell, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, sir.
You have your votes.
Thank you very much.
Have a nice day.
Now we're going to go to number one.
Number two, I'm sorry.
I'll be right with you.
Number two, MI202-006-874-534-Titan Street.
Michael McIhanney is the attorney.
recommendation of support from dickinson square west civic association letter of non-opposition
from council member squillett chair mr michael henney is coming back in as a panelist now
good afternoon sir good afternoon state your name please and spell for the court reporter
Michael McElhenney, M-I-C-H-A-E-L, last name M-C-I-L-H-I-N-N-E-Y.
Do you swear or affirm, tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to this property?
My client in this matter is Francis Hausler, H-A-E-U-S-S-L-E-R. He is the owner of the subject
property.
Thank you. Our vice chair has just a few questions for you.
Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?
Thank you. Please proceed and share your screen.
Thank you.
Members of the Board, on the screen is my pre-marked exhibit package that was presented prior to today's hearing.
I know the board's running late, so I'll be brief.
Our packet includes our appeal at Exhibit 8, our zoning posters.
Our packet includes our appeal at Exhibit 8, our zoning posters at Exhibit 9 showing the
vacant properties at 534, 536, Titan were posted. Our neighbor notices are at Exhibit 10 where we
met with the Dickens Square Community Group back in February and have a letter of support.
The deed to the subject properties is at Exhibit 11. My client purchased these properties back in
August of 2019. At the time, it was an abandoned house that my client has since torn down so that
he can build his own residence at this property. And our tax clearances are at Exhibit 12,
showing 534 Titan has a zero balance, and the associated lot 536 also has a zero balance.
The letter of support was sent directly to the board and is Exhibit 1 of my packet today.
there were 15 members in attendance at the community meeting and there was no opposition
to our variance request. Exhibit two is the notice of refusal for my client. My client is basically
he owns 534 and 536 Titan. We're seeking to combine the two lots into one new lot
and on it erect his single family home that is dimensionally compliant with a roof deck
but also with two-car off-street parking. Now, the property is zoned RSA 5, and in this zoning
district, the off-street parking is not by right unless it's from a shared alley, driveway, or rear
street, and Titan Street is a legally open street, which is why we're seeking the variance request
today. Exhibit 3 is the zoning map of the property and an aerial map. It's just showing the property
is RSA 5, surrounded by other single-family properties. And the aerial map is just to
orient the board of where we're at in the city. This property is three blocks south of Washington
Avenue, north of Wharton Street, and in between 5th and 6th. As I mentioned, when my client
purchased the property in 2019, it was an abandoned house. And photograph four just shows what the
house looked like when he took possession, with plans to build his own house on the property.
exhibit five are the site photos as you can see the property is now a vacant lot
in the middle of the screen other properties on the block are single family in nature just
like my client seeking page two shows the properties to the east on the south side of
titan street and my client's property is also on the south side of titan street
properties immediately to the east of my client's property is has all street parking for a garage
at 528 Titan. That's the lower second picture on page two. And the rest of the properties on this
block are, again, single family in nature. Going down the block to the east towards Fifth Street
are other single family houses. And then we get to the property at 514 Titan Street, which is the
lower picture on page three that has the same design, similar design of what my client's looking
for, which is a door on the left side of the house and a garage for off-street parking to the right
to the west side. And importantly, going back to these photos, the parking is only on the north
side of the block. All the properties on the south side, there is no street parking. So my
client's proposal will not be taking any parking away from the street for the neighbors, which is
why we have support to bring cars off the street. The properties, looking at page four, are just the
properties on the north side of the block. Again, all single family, or strike that page five, are
all properties on the north side that are single-family, and the property at 529 also has
off-street parking, similar to what my client's requesting. And the rest of the properties are
just single-family houses going to the east of the subject property. Exhibit 6 is a lot
consolidation plan, and I'll zoom in because it's super small to see. These are very small lots on
534 Titan is 13 wide by 40 deep. 536 is 12 feet 7 inches wide by 40 feet deep. So very small lots.
They're 496 and 523 square feet respectively. The consolidated lot will
generate or result in a lot that's 1035 square feet and it will be 25 feet wide by approximately
40 feet deep. On this consolidated lot, my clients, as I mentioned, seeking to erect a
similar property to the other properties on the block that's dimensionally compliant.
Looking at the rendering, it's a 32-foot structure with a roof deck and pilot house,
similar to 514 Titan. The front door is on the left of the house, the garage is on the right,
and the rest of the features, as I mentioned, just dimensionally compliant roof deck
um plenty of rear yard space 10 foot rear yard roof deck um and the
plenty of rear yard space, 10-foot rear yard, roof deck, and the front, there is no parking