We spent a lot of time with Cornerstone Engineering going through that.
But we believe that there's a hardship given the size of the lots, the configuration of the lots.
When you take into account the surrounding properties, the size of those properties, the size of the improvements on those properties, the three-family use of the two properties beside us, the two-family use at 118 to 20 Dickinson, the limitation on the number of bedrooms, not putting three bedrooms in each unit, but only two, providing two-car off-street parking.
um the fact that you know 11 18 to 20 is not a dimensionally client compliant building had a
variance granted for the uses there that the other existing structures very well may not be don't
look to be dimensionally compliant in terms of open area which really really only be a consideration
if we were looking for a dimensional variance here uh regarding the impact on air and light
and then my clients efforts to reduce the impact upon air and light even though not required to do
so to take a building that was already below the dimensional standards and further reduce it shows
his interest in trying and you look at the design and trying to make a building that works and fits
in the neighborhood you know works with the building that was approved at 1122 and and his
interest in continuing to work with the neighbors even if it's you know utilizing his property as
the garden until the time comes that this development is finalized. So with that, right
now I would rest. I would reserve the right to rebut. And I don't know if you want me to have
my statements adopted by my clients now, or perhaps when we're done at the end.
Do it at the end. Okay. Thank you. Mr. Rosen, how long do you think your case will take to present?
My case will take some time. And frankly, my cross-examination, I'm going to want to ask
his architect questions they want to ask so so so let me say this much to make it cleaner so that
you don't start for 15 minutes then we cut it i think what we're going to do is we'll we'll go
now for a resumptive hearing so that when we come back mr rosen will start he'll put on his case
and then we'll do what we normally do but i i don't i don't want to i don't want to cut it now
I don't want to cut it 15 minutes from now.
I'd prefer to do it now.
Would you agree to that?
I appreciate that, Mr. Chair.
Yes, I would agree with that.
David?
Yeah, I don't have an issue.
I think you would agree.
I think you know how I tried my best to be sure.
Well, I think you did.
I think you did.
For me, that was brief.
Can I ask a couple?
I apologize.
I have not done these type of hearings before,
so I'm not sure of the procedures moving forward.
Can we get notice ahead of time of what the proposed resumptive date is going to be so I can include?
We are.
I think, just so you know, Hillary, didn't we look at this already?
Yes, I believe so, Mr. Chair.
Yes, I believe so, Mr. Chair.
Lakeisha?
Lakeisha?
Yes, and the resumption date was...
Just give me one second.
The parties would all receive notice if they filled out the...
I think we have a date.
Let's see if we can find it, David.
Just for Mr. Rosen.
And they would also, they would get all notification to log into this if you provided the address and your address and email.
And it's June 13th at 930.
Say that again, June 13th?
At 930.
Oh, great.
Could we be the first case call, Bernard?
That works for me.
Can I just do a quick text with my people?
Because I know they're listening.
This is Hillary. I'm Mr. Orphanides. Would you want to have the architect adopt your testimony now if Mr. Rosen's presentation will include cross-examination? He could start with that?
Sure. I can have both him and my client, and then, I mean, as far as what I've said to date, and then anything that gets said after that, I mean, they would probably be…
You could call them rebuttal.
I would call them as rebuttal witnesses at that point.
Yeah, I think it would be good just now and then we can start with cross-examination by Mr. Rosen that he could get to the rest of his presentation and then any rebuttal that you had you can do.
Sure, and I just want to make it clear, I did kind of, you know, in hopes of trying to make, I didn't know how long Mr. Rosen was going to take, but I did compress, you know, my presentation in the effort to kind of make this go faster.
So, yeah, there will be some additions.
What are you going to do with the architect now?
It'll just adopt your testimony and your client will adopt your testimony.
Yeah, that's fine for what's happened thus far.
Yep, not a problem.
Let's wait until Rosie gets back on.
I'm on.
And yeah, that date works for me and for my clients as well.
Okay, so what our attorney just said is we're going to bring the architect on.
Right.
He'll adopt his testimony.
His client will adopt his testimony.
And then when we start, you can start, okay?
The next time.
That works.
Okay, let's call the architect first.
Rick Miller, please.
He's been on the speak, sir.
Hi, Mr. Could you state your name, please, and spell for the court reporter?
Rick, are you unmuted?
It's Richard Miller, R-I-C-H-A-R-D-M-I-L-L-E-R.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Mr. Miller, did you hear the statements that I made to the board today regarding this matter?
And with those relating to the architectural aspects of this project, were they true and correct to the best of your knowledge?
And would you adopt them as your own?
Thank you.
And then Micah Zimmerman.
Okay. He's one that's been working with Rick on the different iterations, ran the financials regarding the financial aspect of the hardship that I alluded to, and we may need to have him speak more to that at the resumption hearing.
Mrs. Zimmerman, if you're still in the audience, please raise your virtual hand.
He's been allowed to speak, sir.
Okay. Could you state your name, please, and spell for the court reporter?
John Micah Zimmerman, J-O-H-N-M-I-C-A-H-Z-I-M-M-E-R-M-A-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Micah, good afternoon. Did you hear the statements that I made to the board this afternoon?
I did.
And are they true and correct to the best of your knowledge?
They are.
And would you adopt them as your own?
Thank you.
Okay, so we'll be back June 13th at 9.30 a.m.
May I just add, before we all leave, hey, Dave, reference financials.
Are they part of the packet extra exhibits that you submitted?
No, we didn't have time to actually print any of those out.
He was going to testify verbally to those.
So we may supplement, depending on what your cross is, we may need to supplement the record with those.
I think you may, let me just in anticipation, my guess is you probably will, because I am going to ask.
My guess is I'm going to ask questions that's going to make you want to get into it.
And so you'll probably be doing it.
So, again, same email address.
If you could send that to me, I would really appreciate it.
I'll share everything with everything I have.
Thank you, David.
I appreciate it.
Thank both of you.
All right.
Take care.
All right.
All right.
Have a good day.
Thank you, Dan.
Everyone, we're going to go right to the 3.30 list.
Excuse me, Mr. Chair, this is Hillary.
Let's just make sure there's nobody remaining on the 2 o'clock list.
We should be good, but let's just double check.
Is there anyone in the virtual audience from the 2 p.m. list?
I do not see any hands, Mr. Chair.
Thank you.
So, good afternoon. My name is Bill Bergman, and I will be chairing the 3.30 scheduled ZBA hearing.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Thomas Holliman, our board member.
Present, Mr. Chairman.
James Snell, our board member.
Present, Mr. Chairman.
Also here is Hillary Emerson, our attorney, and our Executive Director, Tanya Stonke.
be advised the proceedings are being recorded the video will be available by contacting
tonyasunkett at phillip.gov for the benefit of our court sonographer we ask attorneys and
witnesses to identify themselves before testifying if you're participating by phone if you wish to
testify press star nine to raise your hand and star six to unmute to enter appearance statement
and call 267-270-5548. Leave your email address and the address of the property in question.
And finally, the question answer box on the screen is not for comments or testimony. Any
comments should be directed to our executive director, Tanya Sundin. So here's our list.
Let's look at continuances first. Number six, MI 2023-001-876-2315 Parish Street.
the case this case is continued
number eight mi 2022 006 742 725 bybury road this case has been continued is there any questions
relative to the two cases i've just called
i see no hands mr chair okay are there any other requests for continuances
i have a hand from mr justin crick i have allowed him to speak
good morning mr crick i see you have case number two am i correct
MI-2022-006-740-538-North 10th?
That is correct.
This is first listing.
We don't have an exhibit yet.
You would want to continue in, sir?
The RCO is in transition of their zoning committee and are unable to really render a decision for a little bit.
All right.
So MI-2022-006-740-538-North 10th Street, that case is continued.
Any other requests for continuances?
Yes, sir.
I have a hand up for my Mr. Richard Gliniak.
I have allowed him to speak.
Thank you.
This is Richard Gliniak from SOSMA.
could you state your name and spell please for the court reporter sure it's richard r-i-c-h-a-r-d
gliniak g-l-i-n-i-a-k right i'm uh here today for the south of south neighborhood association
sasna and we do we have could i could i swear you in first do you swear or affirm to tell the
truth, the whole truth, nothing but the truth. Yes. And what case, sir? It is MI-2022-006-715.
What's the street location? 1725 Bainbridge Street. Right. Okay. So this is the first listing.
We do not have exhibits. I'm going to call to see, in fact, if the person that owns the property is
here. So MI 2022-006-715-1725 Bamer Street. Yes, we submitted a letter of continuance,
request for continuance, and I believe also you got one from Councilman Johnson's office as well.
Okay, I'm waiting, I'm going to wait first to see if we can have, if the owner's here or not.
All right. Thank you.
No hand share.
Okay. So MI 2022 006 715 1725 Bamer Street. This case is continued. Mark must be tried.