I am also a managing member of the LLC.
All right.
Wait a minute.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
And could you identify the LLC as your client?
It's 424 Bell Great Street, LLC.
And our vice chair has a few questions for you, sir.
Thank you.
Good afternoon.
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?
We did.
Okay, thank you.
Please proceed to share your screen.
Still having some difficulty here.
Give me one second.
to share screen yeah I see it um for some reason I can't uh seem to pull up the the document
um I apologize
how about this yeah we got two or three other cases let us do the other cases and we'll come
back I am I'm running unfortunately I'm running out of running out of time on my end as well
I I could talk through the project I mean the materials are are there
Um, I just, I have a pickup obligation, but two months for me, we can, I just have an obligation to pick up kids.
I just I have
What's that, Lakeisha?
You can give this case a short continuance.
Right.
So what we'll do is we're going to give you a short continuance.
You will get you back in a little bit, but just see if you can by then have your computer straight.
Thank you.
No, no, no, that's fine.
All right. So MI 2022-006-919-428-24-28 Belgrade Street. The case is being continued, and we're
going to look for a short time frame for you. Okay, sir? Thank you so much. Get a hold of our
office, and we'll get you through. Okay? Thank you. Thank you. Number seven, MI 2022-006-906-1242
North 15th Street.
Zen Jin is the attorney.
Recommendation of support from the United Neighbors Alliance Civic Association.
Chair, Mr. Jin is coming back in as a panelist.
Good afternoon.
Mr. Jin, we have already sworn to you once today.
Just for the record, state your name, please.
Yes, my name is Zen Jin, Z-H-E-N-J-I-N.
Right. And could you identify your client and the relationship to the property?
Yes. My client is the Master's Associates LLC, and they are the owner of the property.
All right. And our vice chair has a few questions.
A few questions.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed in all the required documents that are needed and exhibits that are needed to proceed with this case five days in advance of this hearing?
Yes. Yes. Thank you. Please proceed and share your screen. Thank you. Thank you.
I'm sharing with the board what we previously submitted as our exhibits, copy of the refusal, support letter, photos, plans, tax clearance, and related documentation.
This is an application for the erection of a new structure on a corner property that is in a RM1 zone district.
This property is on the corner of 15th Street and Cabot Street.
As part of our application, we're seeking to use the property as a three-family, multi-family dwelling and one rear access parking space.
It's worth noting that majority of the refusal is, in fact, related back to the parking space.
However, I do want to point out to the board that this particular street, Cabot Street, does not allow parking on the side.
It is a smaller street, so the rear access of the parking to this back of a corner property actually would make more sense on this street.
It doesn't take away any on-street parking, and it does, in fact, provide an off-street parking spot to this particular property.
The property is located in an area that is predominantly multifamily.
In fact, we do have support from the RCO.
We also entered into a community benefits agreement with the RCO relating to what they're requesting as far as having cleanup and other support to the community.
The property is currently a vacant lot.
It has a new constructed project next door, which I believe was constructed when these properties were still zoned CMX2, because it does show that it has a commercial component on the first floor and two units above.
This particular property actually at one time applied for a commercial component as well with two units above, but that never was approved or actually it was withdrawn, so it never went forward.
my clients acquired the lot and now seeks to move forward with a construction which is a three-family
dwelling because of the overlay 425 square foot per unit required we have over a thousand square
foot but we're short of the 1275 overall square foot required for a by right three unit however
the lot is a corner lot it is rather large and the layout of a three-family dwelling
would actually fit the size and use of the area, including some of the property next door.
The other corner properties down at the end also has two units and a commercial component,
but essentially from a density standpoint, very similar to what we are proposing.
We're proposing three units with the bedrooms on the first floor, living room on the
basement area for the first unit and the second unit and third unit both are on the second and
third floor and each is a two-bedroom unit. Trash will be stored in the rear yard.
and each is a two-bedroom unit. Trash will be stored in the rear yard, along with the single
parking space that is being proposed. We do have, again, no opposition from the community with regard
to this application. This is a dimensional style variance due to the size of the lot,
and we do ask the board's favorable consideration for this requested variance of one unit and a
single parking spot. I'm happy to answer any questions or redirect the board to any part of
my exhibits. Again, the parking space, how do you get into the parking space here? Maybe I missed
that. Sure. So the parking space, the property's long side is facing Cabot Street, which is a
smaller street. So you would come up Cabot Street and make a right into the parking space, which
actually faces Cabot Street not 15th Street okay all right thank you thank you you could you bring
your client on please yes I have a representative from the company uh Mr. Tim Gu uh last name GU
please raise your hand virtually to be identified
here I see no one in the audience by their name um counsel you're an officer of the court
we will take your testimony thank you what questions from the board on the board no mr
no chair
questions or comments from the virtual audience
here i see no hands at this time planning commission ron bednar city planning the
property is indicated for residential use on the city plan or adopted district plan recommends no
changes zoning at this location the applicant's hardship is not supported with evidence of
unique physical circumstances that circumstances that would prevent it from being used as a duplex
by right code conformant uh therefore we recommend that the requested variance not be granted
um mr charity with regard to the uh use variance of the triplex versus duplex
the lot size it is a lot size variance this lot actually at its size would be normally a triplex
permitted when it was cmx2 it would have been a commercial plus two units which is actually what
was built next door and down the block so the triplex use actually is very consistent to what
is in the area it would not be a over uh it certainly wouldn't be greater use than what
most of the neighboring properties are currently being used as and i suspect some of these commercial
units may end up converting in the future to residential as there's not a lot of commercial
activity on that block. Okay so MI 2022 006 906 1242 North 15th Street I vote yes with proviso
maximum two units. Thomas Thomas yes with proviso. James Snell yes with proviso.
Ishmael Shaheed, yes, with proviso.
Thank you, counsel.
Thank you.
Number eight, MI 2022-006-878-3964 Poplar Street.
Roger Perry is the attorney.
Letter of Opposition from East Parkside Residence Association.
Mr. Perry, please raise your virtual hand.
Chair, he's coming back into the panel.
now. Thank you. Hi, Mr. Perry, could you state your name, please, and spell for the court reporter?
Yes, my name is Roger Perry, P-E-R-R-Y, first name R-O-G-E-R. I represent the owner of the
property. Okay. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do. I can share my screen if I may. Well, hold up, hold up one minute.
Can you identify your client and the relationship to the property? Yes, my client is 435 Realty LLT
and they're the owner of the property and I represent them. Okay. And our vice chair has
just a few questions for you. Thank you. Good afternoon, counsel. Do you agree to waive the
reading of the refusal and stipulate to its accuracy? Well, I can agree to waive the reading.
However, there is a note that we have submitted an amended plan, and that goes to the use that
was written in the refusal. Just very briefly, in the refusal, it indicated that the residential,
one residential apartment was by level. It is not by level. Understood. Have you emailed
Understood. 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?
understood
have you emailed
Yes, we have.
Thank you. Please proceed and share the screen.
Okay, can we see that?
Can you make it just a little larger, Mr. Perry?
Absolutely.
That's fine. That's fine. Thank you, sir.
Okay. Thank you very much. As we indicated, this is 3964 Poplar Street. I've listed the
exhibits here in terms of the ownership, the refusal. I do note that I disagree with the
chairman's note that the letter of opposition, the attached letter that I have, is a letter of
support from East Parkside. To read the letter, it's sort of ambiguous, but it is a letter of
support. Let me go through the relevance. Well, let me show you the photographs first. That'll be
easiest, I think. Now, the appeal, the project information form. This was the notice, and there
was a meeting with East Parkside. The notices were all sent. This will give the idea to the
panel members. This is a two-story property. It is commercial. It was purchased as a vacant
property that had an old salon on the first floor and one apartment on the second. The plans that
we submitted to be stamped by the board reflect the fact that we're going to maintain the same
use. You can see that Mr. Mizell, as the owner, has put money into the property rehab, the first
floor commercial, and the apartment. This is it here, noting the posting that was done with access
being ADA compliant. The two posters. Next door is a vacant lot. This is to the right.
This is down the street. The properties, this is the vacant lot. And you can see in terms of the
nature of the neighborhood. This was all a commercial store at one point in time. So there
was commercial uses all the way up to $39.64 with some apartments above and so forth. And when Mr.
Mizell purchased it, it was a full-on. And the other properties in the neighborhood are single
family. Here's the plan. Let me see if I can move this over a little bit. Okay. So the plan here is
to have a what are we upside down and I want to turn it around
upside down here okay so basement for storage and utilities the first floor commercial use
vacant commercial space intends to have a service use such as the salon office
and this is the single family apartment on the second floor with a separate entrance
laid out here and configured in these plans uh this was attacked clearance i believe
you know what am i upside down now again okay hate that
okay uh 3914 clearance okay so here
This is a letter that we got from East Parkside. It was a letter of support with only seven attendees, two non-opposition, one opposed, three supporting, one supported on the board, one opposed on the board.
it was a long letter they indicated that they had some problems about sending out notices too early
that was incorrect we did not send out notices in november we sent them out on january
could you do me a favor go back to the letter please yep
the letter the letter self okay right just hold on one minute
community supported the plan
what i i spoke with okay mr chair this is hillary in the last paragraph
um the chair it does say mr bergman that's the reason i recommend this appeal be denied
i know mr harris's personal opinion however
pardon me i believe that was mr harris's personal opinion i talked to him at some length
well and with all these is the rco chair i mean so okay
Well, he is the RCO chair. I mean, so, OK, I understand. But it says down here that they supported it and the vote supported it. And up here, it does say community supported it by a three to two vote. Mr. Harris.
Then I think he says he talked to two non-opposition people. They misunderstood the issues. They wish they had voted against it.
Well, that's what he said. But he also said that we mailed out notices.
We'll weigh all this. We'll weigh all this.
Okay, thank you. He said we mailed out notices way too soon, and we should have contacted everybody personally. And I tried to point out to him that, you know, the first class mail was appropriate, and it was mailed out in January, not in November. I mean, that's all I could tell him, and, you know, I let the letter stand. But we did have, you know, the tax clearance.
The last paragraph is he's telling me that that's why I voted to deny it. I mean, I'm just, okay.
He did vote to deny it. Personally, he did.
Okay, all right, all right, thank you.
Okay. So I understand that. I'm not sure what the denial was. This property traditionally
was commercial on the first floor and one apartment above. When it was purchased,
it was that, but it was vacant. So it needed to have to be rezoned. And as you can see,
these are the adjacent properties. This was all a food market with three commercial uses here
and apartments above. This is the vacant lot and Mr. Mizell's property is right here.
I can take questions from the board
and also Mr. Mizell should be
available
Mr. Mizell, if you're here
can you raise your hand
Mr. Mizell, please
unmute yourself and wait for the chair
Would you state your name please
and spell for the court reporter
Moshi Mizell