block that are rentals and multifamily, although they may or may not be all legalized through the
zoning board, but with two separate entrances, there are several properties like this on the
block. And my client would like, in fact, to legalize it so that he can ensure that if he
does, in fact, get tenants who, you know, aren't the best, although he will vet, that
he will be able to evict them, and he can only do that if he has a legal rental license
and a viable certificate of occupancy.
Here is the proof of posting to 160 individual households, proof of tax compliance.
the mailing that went out. I want to move all of this including the deed and any other ancillary
documents that I have up to 42 pages in my exhibit packet submitted to the board today
and with that and with the RCO support you know the I'm asking respect
support you know the uh i'm asking respectfully that the board uh in fact grant the variance
two family dwelling plans to move into he plans to move into one unit as i said
uh and lease the other to assist paying for the purchase and redevelopment those redevelopment
costs have grown exponentially over the last 12 months because of supply chain issues it's a new
rehab quality housing product that he's providing and those near neighbors know it's that is actually
desperately needed on this particular block with already several rentals on the block that are not
nearly in the shape that he will leave it. With that I rest and I ask Mr. Kenneth Hilliard
to raise his virtual hand so we can get him on the record.
Mr. Hilliard, please raise your hand.
Chair, I see no hands at this time.
Okay, Vern, you're an officer of the court, and we'll take your testimony.
I appreciate that.
I do know that he did text me that he was online, but so long as we can move my...
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Chair, I see no hands.
Planning Commission.
Ron Bednar, City Planning.
This property is indicated for residential use on the city plan or adopted district plan.
Recommends no change to the existing single-family zoning.
Dislocation, the applicant's hardship, the evidence of unique physical circumstances or conditions of the property that would prevent it from being used in conformity with the code.
Therefore, we recommend the request for that.
It's not regretting.
Thank you.
MI 2022-001-389-5315 Locust Street.
I vote yes.
Harold Tennery, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you all.
Talk to you next week.
Thank you.
Number six, MI 2022-001123-612 South 7th Street, Peter and Sylvia Silberman, owners pro se, for the erection of an addition to an existing attached single-family dwelling to include two roof decks, two decks, and a green roof.
size and location as shown on application plan
whereas deck may not
encroach into required rear yard
unless the floor level of the deck
is below the floor level of the first story
which is fully above grade
but the two proposed decks are at the second and third floor levels
whereas the roof decks must be set back at least
five feet from the extreme front of the building line,
but the two proposed roof decks are set back zero feet
from the Cater Street frontage.
Letter of non-opposition from Bella Vista Neighbors.
Mr. Silberman, please unmute yourself and wait for the chair.
Good afternoon, Mr. Silberman.
could you state your name and spell for the court reporter good afternoon mr chair and members of
the board my name is peter silberman p-e-t-e-r s-i-l-b as in boy e-r-m-n okay our vice chair
has a few questions hi mr silberman have you emailed the 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 of this hearing and have you met with the
RCO and do you have a letter yes madam vice chair you may proceed and share your screen
thank you
everybody see my screen it's kind of starting to come up
Sorry. We're there.
Next time we'll know to get Alan Malcolm soon for this, but for today we're on our own.
This is Google Maps showing the location of our house at the corner of Cater and 7th Street in Bella Vista.
This is a photo showing the existing conditions of our property.
You can see in this photo where we're proposing the second and fourth.
You can see in this photo where we're proposing the second and third floor for your decks.
Here's our refusal and a plan showing the three decks in a little more detail there.
That one's probably a little easier to see.
This is our letter of non-opposition, including all committee members, eight nearby neighbors, nine community members, all voting not to oppose, and just another two houses down the street with very similar decks on the Cater Street frontage without any setbacks.
you guys might have to help me with what else you need from us
uh peter show show a blow up of it again so we get a better understanding where you show us what
you have right there now what we have right now
is a corner property with sort of this with sort of this stair step stair step shape um
i also want to point out that our next door neighbor who has already written in the chat
in support of our project they have filled in this space one one house north of us so we're
not proposing to block any lighter air we're proposing two rear decks and you can see those
best probably on this plan so the variance would be for these these rear setbacks uh from it's
technically the rear yard setbacks and then the roof the roof the roof deck setback
okay okay questions from the board no mr chairman no mr chairman
and and let me let you you're putting a green roof on the top two peter yes mr chair okay
i work right now in this office right and it is super super hot um so i just i thought it would
be a more economical way to keep this top room cool right okay all right mr chair this is hillary
um just one question um mr silberman the the rco had asked for proviso about having the railings
along Cater Street set back two feet from the property line? Is that something you were in
agreement with or not in agreement with? We would still prefer the variance,
especially having walked around the neighborhood and seeing that, you know,
their concern is that we're going to knock over a planter or something like that.
um right it would be extremely awkward for somebody to walk you know literally right up
against the house and this is already there from the previous owner one of those philly green
you know rainwater things so it just seems a little excessive on a relatively small space
we would still prefer the variance yeah i don't think it would affect um it wouldn't affect your
your variance but it would be a condition on your variance so so you're stating that you would
prefer not to have that condition on your variant. Yes, ma'am. Okay, thank you.
Questions from the virtual audience?
Chair, we have a Nick DiBardino. Mr. Bardino, you can unmute yourself and wait for the chair.
Good afternoon, Mr. DiBardino. Could you state your name and spell for the court reporter, please?
Yes, sir, Mr. Chair. My name is Nick DiBardino. That's N-I-C-K-D-I-B-E-R-A-R-D-I-N-O.
All right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Are you a neighbor?
Yes, I am. I live in 703 Cater Street.
Okay, proceed.
so i just wanted to register that i'm all in favor of this uh um proposal by peter uh we own the
house where these decks are going to be adjacent to there's an easement there in the picture
um and we are completely okay with this i just wanted you to know that okay all right thank you
thank you very much for for calling in is there anyone else in the virtual audience
chair i've seen all the hands at this time planning commission
this is ron bednar city planning the property is indicated for residential
use on the city plan or adopted district plan recommends no change to the existing zoning at
our adopted district plan recommends no change to the existing zoning at this location the
dislocation.
applicant's hardship is not supported with evidence of unique physical circumstances or condition
of the property that would prevent the setbacks and the deck from being used in conformity with
the code therefore we recommend the request for adherence not be granted
MI 2022 001123 612 South 7th Street. I vote yes.
Harold Tenere, my vote is yes.
James Snell, my vote is yes.
James Snell, my vote is yes.
Good luck, Peter.
Thank you all very much.
Sure. I have to jump really fast. I'm sorry, guys.
We're good.
MI 2022-001-270-7448-Lime-Kill-Pike-Tropical-Food-Caterers-Listed-Applicant-No-Exhibits-First-Listing.
Is Hanif Martin there?
Mr. or Ms. Martin, could you please raise your virtual hand?
I see the name, but they haven't raised their hand.
Hanif Martin?
They still haven't raised their hand as of yet, Chair.
okay so let let me go to the next one to see what's going on and then we'll go back
mi2022 001124 900 to 08 west tayoga street no exhibit first listing yosef mayer
hi chair i'm sorry this is tanya the attorney of record for this particular case um i spoke
with them a few minutes ago and they understand because they did not submit timely but the case
is continued is that eight eight eight or seven or eight tanya the last one too all right good
so number eight mi 2022 001124 900 to 08 west tayoga street cases continued must be tried next
time. I want to call number seven again, MI 2022-00-1270-7448-Lime-Till-Pike, Hanif Martin.
Mr. and Ms. Martin, please raise your virtual hand.
Chair, again, the name is there, but they have not raised their hand.
Okay. There are no exhibits for this. This case will be continued. Mark must be tried next time.
Is there anyone else from the 330 list still in the audience? Or the case was not called?
chair i see no hands at this time we're gonna uh we're done for the day thanks everybody sorry it
went so late got a lot of work done so i appreciate what everybody did thank you very much all right
thank you have a good night all night everyone good night good night everyone