Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?
And have you met with the RCO? And do you have a letter?
Yes, to all.
Okay, great. You may proceed and begin to share your screen.
Thank you.
Thank you.
all right um members of the board can everybody see the notice of refusal and documents on the
screen yes yes thank you very much we're here today for an application uh by the owners of 1230
and 1232 south uh third street francis farrington and colleen mcallister uh the these are two
adjacent properties and what they're seeking to do is the relocation of lot lines to consolidate
these two lots and then follow you know in accordance with the consolidation for the partial
demolition of the rear of their home to add an addition which will include an elevator for
accessibility purposes and then in connection with the consolidation there would be what is
essentially the legalization of a an outdoor accessory structure that was on 1232 South 3rd
street. I will show you some maps that will explain this in a little bit better of detail,
but for now what we received in these refusals is a rear yard refusal for nine foot rear yard
required. We only have 6.25 feet, but as you'll see that is based on the
We only have 6.25 feet, but as you'll see, that is based on the consolidation, the leftover contours of the property following consolidation, as it's only a partial portion of the rear yard that is below nine feet.
and then also we received with the consolidation the accessory structure is situated along the
property line and therefore it becomes a side yard setback question five feet is required but
there is zero fee proposed for the existing outdoor structure a little bit more here on
the refusal it's identical to what you have for geographic purposes we're located on frontage on
3rd street between titan and wharton and if you want to if you could if we zoom in we see that
there's 1230 and 1232 these two properties right here um what one thing notable and is maybe
somewhat difficult to see in this picture but there is a side alley a three-foot alley along
the same property boundary line where there is no setback uh and there is already a wall so there's
no possibility of the structures of these properties situated on wharton uh being able
to be built up to the property line and the existing wall because of this existing three
foot shared alleyway that's there. It may be a little bit easier to see in this photograph.
We have, and I zoom in a little bit more. Give me one second and we'll go to a better picture.
For zoning purposes, the area is all RSA5, and that's all that's relevant here, but for a few
CMX2. And here's a better zoom in. So what we're looking at here is 1230 and 1232. The lines of
this map from Atlas don't always line up. So if you can just imagine that they should be slightly
lower and the boundary line for the properties is right about here. And the alley is situated
about right where the cursor is now. So everything shifted a bit. But the intention is to combine
these two lots. Mr. Farrington and Ms. McAllister have had this very nice side yard that they've
been utilizing, but when they came to me with the desire to do an expansion to put the elevator in
for accessibility and to assist them in making this a home that they can retire in or stay until
their time here ends, they wanted to have that accessibility to get to their bedrooms without
having to walk the steps. That required the demolition, partial demolition of the rear of
the structure, and the plans will show a slightly larger structure built here to enclose and house
the elevator and other remodeled rooms. This area outside is a, there's a wall along the entire
perimeter, and this is an outdoor barbecue area type structure that was built and has been there
for since the Farringtons bought the property in 2001, they had constructed things on their
side yard of their property. But that essentially does not have any setback off of this side yard
property line. Again, a three foot alleyway exists to the side of that, which from a frontage
standpoint on South 3rd, we had 1232 right here and 12, I'm sorry, 1230 right here, the existing
home and 1232 as the side yard here is the gate to that alleyway and there's a there's a little
bit of that side structure sitting right here but again nothing can be built up to this partition
wall that property line wall so we don't run into there there's an automatic three foot buffer in
the on the other side of the the applicant's property line this is a photograph off of
Titan Street, and the rear yard of our property is right around here that I'm highlighting with
my cursor. But what's notable when we look at this consolidation plan is that the consolidation
brings this little bump in by putting the two lots together, and we're short two and a half feet,
which ultimately, when the properties are combined, here is the new schematic. We have a
nine foot rear yard setback for the majority of the rear of the property but once the combination
of the properties occurs this is where we are generating a refusal this six point three six foot
three inch um depth is not enough setback but we believe it's only a partial and therefore de
minimis request for a variance um here is the existing outdoor structure with the three foot
wide alley behind it and again it's an open air kind of barbecue they have a barbecue in there
and whatnot and that's just what they use for uh for cooking. The elevation shows that the the
structure will come out again our slight rear yard depth issue in the back here but it's a it's a very
nice structure that will have new footings in the basement and as you can see here's here's a plan
And as you can see, here's a plan of the basement. And again, our short side yard set, a rear yard setback. The elevator is actually situated in this corner where that minimum setback is not met. But as you can see, it's really, again, de minimis.
of the basement. And again, our short
this will provide access from the first floor to the second floor and alleviate their need to have
to go up and down the steps so this exterior photos of the property this is the part of the
structure that's going to be demolished and remodeled right around here and this will also
alleviate some of the concerns of the homeowner with with you know accessing their side yard now
that the lots will be combined there's no question that they will that whether they were you know
technically allowed to have the doors or however this is situated, but as one lot, they're entitled
to have all of those side doors and side windows. This is an exemplar copy of the deed that shows
just the first page that they purchased in 2001. We have a tax clearance certificate
posting photos of the property on the front door of 2030 and on the door of 2032. Even though 2032
two is not a listed address here because of the consolidation we we made sure it was posted the
remaining pages are proofs of mailing and the letter from pensport came separately i can bring
that up under a separate screen i do believe the board has it but ultimately uh we did have support
from pensport neighbors association um and if the board doesn't have it i can bring it up on the
screen but that came directly from pensport later we're fine thank you thank you so in this in this
situation we really believe that the hardship lies in the contour of the property uh for the
rear yard depth because the consolidation while it created that hardship ourselves
we're slightly off and and by by a de minimis amount um that if the properties happen to have
the same depth obviously that wouldn't occur but the the ability to knock out that corner or re
remodel so that that corner would be in compliance would make it very difficult to install the
elevator which is for accessibility which is the purpose of this um the accessory structure on the
side yard we believe uh that that there is no issue with it being there because again no other
structure is going to be able to abut that that property boundary line wall based on the three
foot alleyway um and ultimately it's it's you know the the outdoor structure while permanent
is just an open-air barbecue area.
I would like to bring Colleen McAllister on
to adopt my testimony,
unless the board has any questions prior to that.
We'll adopt your testimony, our testimony.
Thank you.
Ms. McAllister, if you could raise your hand
so that you may be allowed to speak.
I'm trying.
Can you see my hand?
Hi, Kai.
Kai, could you state your name
and spell for the court reporter, please?
Yes, my name is Colleen McAllister, C-O-L-L-E-E-N-M-C, capital A-L-L-I-S-T-E-R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Thank you.
Ms. McAllister, have you had an opportunity to hear my statements to the board today?
Yes, I did.
And were those statements true and correct to the best of your knowledge?
Yes, they were.
and if you had the opportunity to speak with the board today directly would you adopt my testimony
as your own yes i would i have no further thank you questions from the board no
questions or comments from the virtual audience
i see no hands chair planning commission this is uh ron bednar city planning this property is
indicated for residential use on the city plan recommend that the question variance be granted
Thank you. MI 2022-001-005-1230 South 3rd Street, I vote yes.
Carol Tenere, my vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shahi, my vote is yes.
Thank you, counsel.
Thank you. May I be excused?
Number, yes, number two, MI 2022-001-049, 1651 South Camac Street.
Letter of support from East Passion Crossing, Julia Pergolini is the owner, pro se.
For the legalization of a rear portion of the existing attack structure and the erection of an addition at the rear.
For use as single-family household living, size and location are shown in the application and plans.
Proposed zoning is refused for minimum rear yard depth and lots less than 45 feet in depth, allowed 7 foot.
and lots less than 45 feet in depth, allowed seven foot, proposed nine foot.
Property is in the RSA 5.
Chair, we have someone with the last name, D'Angelo.
I'll allow them to speak.
Hi, could you state your name, please?
hello hello hi julia pergolini pergolini yes okay could you state your name and spell for
the court reporter please sure it's julia pergolini j-u-l-i-a and the last name p-e-r-g-o-l-i-n-i
i'm julia pergolini but it says that avano d'angelo who is my um my architect is speaking
okay now you're going to speak okay so we need you to testify okay okay excuse me chair could
i promote her to panelists that way she'll be able to share absolutely okay
julia yes sorry i think i'm i think there's an
error here i'm i'm i think maybe it's the link that i used i'm not the presenter avano is
no no no julia julia julia you're julia you have to present okay and all you have to do is tell us
what you're going to do and go through the presentation if he has the presentation yes
he can put he can put the presentation up and you can testify off of that okay okay all right first
First thing, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
All right.
Our vice chair has a few questions.
Good morning.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Are you an attorney?
Strike that question.
Have you emailed an exhibit packet with the required documents consisting of proof of ownership,
tax compliance a copy of the refusal or referral photos and or plans of the property five days in
advance to this hearing and have you met with the rco and do you have a letter
yes okay you may proceed and begin to share your screen um i'm sorry could we pause for one moment
please yes i'm trying i'm trying to make sure you're promoted and it says you're declined
okay now you're both there so the person who has the video to share the screen
may do so but do not speak and then you would be the one testifying okay
so you can now share your screen
excuse me this is hillary um we have the applicant turn on her video as well are we able to do that
julia are you there
I'm here. Sorry. I'm, I started. Are you seeing me now? We do. Oh, okay. Perfect. Um, um, so here's
the project. Sorry for the rough start here at 1651 South Camac street. Um, essentially, uh,
what I'm looking to do here is expand the back of the property into what is now basically the
backyard area. Sorry, my, the architect, sorry, I wasn't prepared to be the speaker.
That's okay. Just, just tell us what, just tell us what you want to do. That's all.
Okay. All right. So basically what I'm looking to do here, he's sharing obviously all of the,
all the documents that go into it. He's, he's centering right now on the area basically that
I'm looking to expand. I'm one of the only homes on the street that really hasn't expanded into
the backyard yet. So I have the largest backyard as far as I know of anyone else on that block.
Basically what I'm looking to do by expanding that is gain an accessible entrance.
um my partner is in a wheelchair he's paralyzed from the waist down um and really what we're
using as an entrance for him at the moment is essentially coming in the back alley over here
is essentially coming in the back alley over here, and then he comes in through the backyard
and then he comes in through
Thank you.
and into that back door. So we literally use what is an alley entrance, basically, as his entrance
at this point in time. So what we'd like to do is expand that back and change that entrance so that
it's a much more accessible space for him to enter in from, obviously, without the sort of
the honestly like hassle and probably like not safest manner in which we're trying to
get him in currently and it also gives him the opportunity to get in entirely by himself there's
no curb of any kind whereas right now it requires my assistance another thing we would like to do
in that expansion is add, um, uh, half bath, uh, just a toilet basically downstairs so that we
don't have to, um, keep going up and down the stairs for that. So that's an option we were
hoping to include as well. Um, and then the last piece of this is just, there is a massive, um,
step, uh, between the living room and kitchen, um, which also again requires a certain lack
of independence because it requires me to drop him down. So that's another huge piece is trying
to raise the living room so that that step no longer is an issue and he can move freely within
the downstairs. We've already in the last year added a stair lift. So we have a fully installed
um stair lift now um which is a huge help obviously for movement up and down the stairs
um and yeah just trying to make that first floor more accessible so that um so that yeah we can
have a better uh quality of life uh really um at the moment obviously it requires me to do