all right tom opa is showing the lot size is 744.3 square feet uh the improvement area is uh
1288 so you divide that by two you're talking 600 and what you know about 650 feet give or take
so it does have a rear yard um i'm trying to get back to the aerial let me go back to the aerial
photographs do do do okay you have a trash plan
bear with me tom i'm trying to get there
yeah tom i'm going to share my screen again just to uh it's it's not a it's not a crystal clear
picture but uh i think it adequately uh shows that uh can you see that tom yes so you can see there's
there appears to be a common alley in between the you know the back properties and the sterner street
properties and there would be a small rear yard uh keith is on the line too he can confirm that
there's rear yard storage space in which you know trash can be stored in sealed containers
and placed out for commercial pickup and Tom what was your second question I forget
you've completed my questions thank you okay all right thank you Tom planning commission
it's uh ron city planning uh first name is ron r-o-n last name bednar b-e-d-n-a-r
you swear for him to tell the truth the whole truth and nothing but the truth
i do proceed uh this property is indicated for residential use on a city plan or adopted
district plan recommends no change in existing zoning at this location the applicant's hardship
the existing zoning at this location. The applicant's hardship is not supported with
is not supported with
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 of variance
not be granted. Okay. MI 2021-005-120-2557 West Sterner Street. I vote no. Thomas Holloman.
My vote is no.
James Snell, my vote is no.
Miller Shaheed, my vote is no.
Chairman, if I could make a
point following the board's decision.
This property is owned
RSA 5, which does not permit
multifamily dwellings.
So, we have...
But, Mr.
Ward, the case is
over. Okay.
Thank you very much.
We're going to call for one minute so we can get the chair.
okay he's back if you hold one second we can proceed i'm good i'm good okay
uh mi 2021 005 119 2050 cater street leo movahill
mr movahill has been promoted to panelists thank you
hi Mr. Mulvihill
he should be coming back shortly bear with us it's a lot going on with um zoom today
okay all right yeah I noticed I noticed
all right so i'm here now hi mr mulvihill could you say your name and spell for the court reporter
yes leo mulvihill m-u-l-d-s victor i-h-i-l-l right you swear for him to tell the truth the
whole truth and nothing but the truth i do could you identify your client and the relationship
to this property my client is bgm1 llc michael murray is the principal of that he should be on
this call all right thank you uh mr holliman has a few questions for you good afternoon counselor
do you agree to waive the reading of the refusal and stipulate to its accuracy i do did you email
all of the exhibits as required such as proof of ownership tax clearance copy of refusal pictures
with drawings of the property five days in advance of this hearing did you meet with the rco and do
you have the rco letter everything other than the rco letter was submitted timely we do have an rco
letter now without thank you please proceed and share your screen leo try to speak up a little
bit you're hard to hear certainly is my screen being shared at this point members of the board
yes okay let me see if i can change
so there we go members of the board sorry i just adjusted mine
all right microphone hopefully better now so good afternoon members of the board i'm here today for
2050 cater street on behalf of bgm 1 llc michael murray the principal this is an application for
the erection of a third story edition on a two-story block we have a mansard style roof
that we've proposed and we do have full support from south and south neighbors association for
this application that's where we are from the outset so i have the refusal appeal and project
information form at page one area zoning maps at eight to ten tax clearance at 26 plans at 27
photos at 31 our notification letter the neighbors at 37 and the letter of support tacked on the end
at 40. so here's our refusal oh pardon me here's our refusal members of the board
so we received the refusal for not having the required setback above the second story
and we received the refusal for a slightly smaller open area than what's allowed in this
Although, I will point out when we see the plans, we do have a nine foot rear yard. It's only due to the fact that these lots are rather narrow that we received this refusal.
i'll go to the next most important thing and that's the overhead view here we are members of
I'll go to the next most important thing, and that's the overhead view. Here we are members of the board.
the board this cater street is 21st street our property is located right here it is an existing
structure we're seeking to build a third story edition two and you can see it zone rsa five we
are surrounded by rm1 and some cmx properties as well in the corners uh this is the hud for
my client indicating that they are the owner uh let's see where's our next important thing this
my client's tax clearance valid through 519 and here's the plans members of the board so very
simply this is the existing two-story structure with the seller we're planning to build a third
story edition and a rear edition as well so overall i'm enlarging enlarging the footprint
rather of the structure itself making a little bit taller but not exceeding the 38 feet requirement
and not having the pilot house rather if stairs are recessed into the roof.
As I discussed earlier as well, our third story is going to be Mansard style, which is preferred
when we do third stories with the neighborhood association in terms of beautification,
rather than just having the strict kind of Tetris piece looking setback,
which would otherwise be required under the code.
So here's another overhead view. We can see the existing structure here that I'm indicating.
here's the dotted line here's the proposed third three-story rear addition which is then going to
go over the second story all the way to the front of the property as well as i stated we do have a
nine foot rear yard it's just the fact that our lot isn't terribly wide that we got that refusal
for open air but we do have sufficient depth under the zoning code so i suggest that various
requests is de minimis here a number of photos of the property i was taken by landmark so here we go
indicating the subject property and the red circle front of the property looking east on cater west
on cater yard view looking south yard view looking north then looking at the two adjacent properties
as well and our properties across the street which are two-story i believe the property directly
across the street does have a third story addition as well although it does not have the mansard
style roof and you can see at the end of the block we do have a third story three-story property with
roof deck that's pre-existing just to go to the floor plan quickly members of the board
so in the cellar we plan to have a den in the front uh potential bedroom with built-in shelves
to the rear on the grounds oh there's a bath down there as well a half bath pardon me full
bath rather with a decent sized closet on the ground story we have living room to the front
dining room to the middle next to the stairs kitchen to the rear this is the rear yard which
nine feet as you can see members of the board this cross-hatched area is a proposed addition
so we're adding a substantial amount of interior space to allow for a sizable kitchen in this
property uh going up to the second story bedroom to the front and the rear bath in the middle
pretty standard layout and then the third story is the owner's suite so we have the bedroom to
the front with a nice fireplace decent size walk-in closet a wet bar potentially which is
very nice and a large owner's bath suite to the rear the stairs from the rear of the property
then kind of caddy go around the corner and go up under the roof and as i said this is not a
pilot house the recesses of the roof that we're not going to have one anyone blocking any views
with the pilot house two it's not going to have any more massing that's going to look like it's
very heavy among the other two-story homes across the street it's a true three-story home and we
see we have our dormer the roof here set back from the roof deck itself of five feet from that roof
line this is just the proposed finishes so red brick front some sort of metal cladding around
the windows um and we're trying to figure out exactly what we're going to put on but we're
probably going to do metal cladding on the dorm and on the roof line itself the railing itself
is going to be relatively see-through again so not to impede views and take off some of that
massing from the street itself here's the rear view again here's the staircase that i was
discussing no pilot house we don't go any taller than the parapet wall
here's just the posted photos of our property going to page 33
zoom out a bit there we are and then zoom back in at page 37 this is our notification letter that
went out proof that we sent the letters out to 175 addresses and here's the letter of support
from sasna dated april 21 2022 indicating overall support for the project eight to one now members
of the board that completes my testimony if mr murray might please raise his hand
so he can be recognized and unmute so i have a few questions for him
hi could you state your name and spell it please
hi could you state your name
murray please unmute
you hear me yes yes so first name michael m-i-c-h-a-e-l last name murray m-u-r-r-a-y
sorry do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do proceed all right mr murray you're the principal of bgm1 llc that's correct
that's correct yes have you heard my testimony today with respect to this application and appeal
i have is there anything you'd like to add no okay would you otherwise adopt my testimony as
a row i would yes all right thank you very much i have no other questions for you questions from
the board no mr chairman no mr chairman no mr chairman questions or comments from the virtual
audience mr chairman mr gotter reister has her hand raised i have allowed her to speak
could you state your name and spell please uh yes i got the raster landmark architectural design i
apologize this was when leo was not present yet and and i wanted to interject that he was in jury
duty but i did not realize that the hand was raised the entire hearing so i do not have that's
fine fine thank you um any other comments for the virtual audience i see no further hands sir
planning commission uh ron bednar city planning this property is indicated for residential use
on the city plan given the surrounding physical context we recommend the request for variance
be granted thank you mi 2021-005-119-2050 cater street i vote yes thomas holomon my vote is yes
james now my vote is yes
okay thank you is there anyone in the virtual audience still waiting to hear their have their
case heard no further hands raised mr chair okay thanks everyone great day work appreciate it
thank you great job mr chairman thank you thanks good night everyone good night good night everyone