this property that didn't involve demoing it? Yeah, that is correct. Okay. Okay. Thank you
very much well happy to take your questions um members of the board brandon brandon real quick
you you started requested 22 and after meeting with the neighbors you moved to 20 that that mr
chairman was less of a function of request from the neighbors and more just that we felt that uh
that was the better plan from a design standpoint and trying to be truthful to the minimum variance
requirement. Okay. Thank you. Questions from the board?
No, Chair. No, Mr.
Chairman.
No, Chair. Questions or comments from the virtual audience?
Yes, Chair. I have
Ben and Naomi Wildflower with their hand up. Okay.
They will be allowed to speak. Hi. Could you state your
name please and spelled for the court stenographer hi my name is naomi wildflower that's n-a-o-m-i
last name w-i-l-d-f-l-o-w-e-r right do you swear or affirm to tell the truth the whole truth and
nothing but the truth yes are you a neighbor yes i live about 500 feet away okay please proceed
um i'm actually very excited about this project we need more housing in the neighborhood my
concern. And perhaps you can clarify for me. I thought the church also owned the yard with the
eight or nine old growth trees on it as well. And I was wondering if there was any plans to
demolish those trees or anything like that. So I'm not quite sure what property, but what I can
tell you is that Tim does own some other land in the area. If it includes those trees, there are
no plans to demolish them at this time. Tim has no other development plans in this area at this
time. Okay. It's directly adjacent to the lot. Right. Okay. Okay. The church sign, there was
always a church sign on that lot. Yes. So, so Tim also purchased that from the congregation and is
not planning to develop it at this time. So, you know, we're not, we're not paving it. We're not
building anything on it um um i mean that both in the technical sense of what this application
covers and in the more sort of truthful worldly sense of he just doesn't have any plans for that
parcel so it's going to remain as is at least for now okay thanks thank you everyone else
thank you for calling in we appreciate your input is there anyone else in the virtual audience
there are no hands here cleaning commission
Good afternoon, Chair and members of the Board. This is Greg Walden from City Planning Commission staff. The comprehensive plan recommends no change to the existing residential single-family zoning. The appellant proposes to convert an existing church structure into 20 residential units. Given the proposed adaptive reuse, the City Planning Commission recommends that the Zoning Board grant the variance.
Thank you. MI 2023-002-624-1924-East Clearfield Street. I vote yes, proviso. Maximum 20 dwelling units.
Thomas Holloman, my vote is yes, with proviso.
James Hill, my vote is yes, with proviso.
Thank you. Thank you, counsel.
Thank you.
Number 10, MI-2022-004-478-716 North 40th Street.
Michael Mattione is the attorney.
There's a letter of support from the Belmont Alliance Civic Association with provisos.
Michael Mattione has been promoted.
Good afternoon, Mr. Mattione.
Please state your name as spelled for the court stenographer.
Good afternoon, Mr. Chairman.
I would state your name, please, and spell for the court stenographer, sir.
State your name, please, and spell for the court stenographer, sir.
Sure. Michael Mattione, M-A-T-T-I-O-N-I.
Right. Do you swear or affirm, tell the truth, tell the truth, nothing but the truth?
Could you identify your client and relationship to this property?
Sure. It's 41 Development LLC, and they're the owner of the property and developer of the property.
And our vice chair has just a few questions.
Good afternoon, counsel.
Do you agree to wait the reading of the refusal or stipulate to his accuracy?
Have you emailed in all the required documents that are needed and required to proceed with this case five days in advance of this hearing?
Yes, I did.
Thank you.
Please proceed and share your screen.
Thank you.
Oh, sorry.
Again, I represent 41 Development LLC and they're the owner of the property. We have the principal, Eugene Nidovich, on as well. And as we said, we presented the tax clearance, a revised refusal, letter of support, 15 to 1 vote from the RCO, a revised zoning site plan, revised plans form, floor plans, renderings, some neighboring permits.
photographs, the deed, et cetera. Originally, when this project, the application was filed,
this property had split zoning RSA3 and RM1, and RSA3 zoning complied. That's still the case
because this application started under that. However, subsequently, the zoning is now RM1
for this property. But because this application was ongoing, we continued on. And when we come
down to the refusal, you will see that there are several refusals that would not come up if this
were under the RM1 zoning. The first being the proposed multifamily housing. Again, this is
an RM1 zone property now, but when filed, it was not, so we got a refusal. We also received a
refusal for not having parking spaces, which would have been required if this were RSA3,
but it is now RM1. So again, the coverage issue is still there because even at RM1,
you have to have no more than 75% and we're at 79%. As we said, the RCO supported us 15 in
support, one in opposition. It did have a few provisos, all of which are fine because the
building is 37 feet. The changes that we made with respect to the revised plans were to comply
with their requests that we have a front setback at the front of the house 15 feet and to have a
front porch like the other properties on the street. So we are working in compliance with their
requests. The change that we made was to, originally the house was up and only eight
feet off of the curb. Now it's 15 feet and that matches the setback. So that's what we did.
And that's why the RCO supported us because we made the changes that they requested us to make.
And as you can see, the property does have a handicapped elevator on the front of 40th Street.
and that's our revised plans form the floor plans show that the typical floor has a one-bedroom
unit a one-bedroom unit and two-bedroom unit there's some slight variations going from floor
to floor in terms of unit sizes because like on the first floor you have to have the hallway go
all the way down the building and again you have ada accessible units with the elevator lift on
the front. The big concern by the RCO and the community was making sure that we had the front
porch and that we had the 15-foot setback. As you can see from the rendering, we have that.
We have a red brick front facade that they also requested. And this shows, I'm sorry,
We'll go back to seven.
Again, the neighboring properties having front porches, we have a front porch.
This is a rendering so it doesn't show the elevator lift, but the elevator lift will be there.
There are other properties granted in 2021, 12 units just like this.
And this was back when it was RSA 3 zoning.
Um, so we're similar to them, but the problem, and here's the property.
Um, so we're similar to them, but the problem, and here's the property, you can see it's
a vacant lot up on North 40th street, a vacant lot, and it goes through to, um, Wiotta street
behind it.
And that's from the back on Wiotta street, but Wiotta street is not really a, uh, usable
street. And these are the properties and why they requested that we move back. These were the ones
down the street at 746 and 748 North 40th that were approved. And again, they didn't respect the
front porch and the setback. So that's why they requested our property be moved back. Other than
that it was um supported by the uh by the group um and again if this were now it's now rm1 so
we the multifamily would be permitted so you know we we followed and met with the rco we did what
they wanted us to do um and we would have filed a new application but this is already pending there
are also five bicycle parking spaces on the front floor. Again, the first floor is fully ADA
accessible with a wheelchair lift out front. And this developer also is developing a building at
892 North 41st that has 30 units that are all affordable. And the community also supported
that as well. So that's the application. Given the input from the community and the work we did
with the community and the fact that now the multifamily units are permitted, we believe
that the coverage issue is a de minimis variance.
And with that, I would like to call on my client, Eugene Nidovich.
Eugene Nidovich is allowed to speak.
Could you state your name, please, and spell for the court stenographer?
My name is Eugene Nidovich. That's E-U-G-E-N-E. Last name is N as in Nancy, A-Y-D-O-V-I-C-H.
Do you swear to ORFIRM, tell the truth, tell the truth, nothing but the truth?
Proceed, counsel.
Thank you, Mr. Chair. Eugene, did you hear my statements?
Yes, I did.
Are they true and correct?
They are correct.
Do you have any additional comments?
uh no nothing specific um you know we met with the community about this case a couple several
times i think it was we have three community meetings um and you know we adhere to every
single thing that the community wanted on this project and do you adopt my statements as your
testimony i do i have no further questions mr chairman or questions from the board no chair
no mr chairman no mr chairman questions or comments from the virtual audience
Yes, Chair, I have a hand by the name of Diane W.S.
I will allow her to speak.
Hi, could you state your name, please, and spell for the court stenographer?
hi my name is diane wadley smith d-i-a-n-n-e wadley w-a-d-l-e-y dash smith right um we
hold on hold on hold on do you swear or firm to tell the truth the whole truth nothing but the
truth yes sir are you from the neighborhood yes i am and i live a few blocks from that site
I am the captain. We are in support of what Mr. Eugene would like to do. But the wheelchair elevator, I don't recall that. Did we discuss that, Mr. Mariani?
We presented it at the RCO meeting when we were there.
We did talk about it.
Now, I'm not sure that it was a big focus of the meeting, but it's the same exact plans.
And I know I mentioned it because I have it in my notes and we talked about it, but the bigger focus was making sure that the building moved back in the 15 feet and had the front porch in the proper place.
Right.
I mentioned it.
I mean, it wasn't a big focus.
I just did not recall that.
And just to correct you once again, you said that Wyota is unusable, but I want to correct you once again.
Although you have a barrier there, it is, that's the old picture.
I keep saying that.
I just took pictures the other day before this meeting just to show that the barrier is still there.
But I'm not complaining.
I just want to correct the record saying that it is unusable because two neighbors have driveways in the back.
they use it, and also the community uses it to go to and from the bus routes.
And also the community uses it to go to and from the bus routes.
So I just wanted to make that correction on the record.
Everything else is fine.
And we do appreciate everything that you've done.
You've complied with just about everything that we wanted.
So we do thank you and we do appreciate you.
Thank you.
Thank you for calling in and giving us your input.
Is there anyone else in a virtual audience?
yes chair cordelia bathik has a hand up hi could you state your name please and spell
for the court stenographer hello
cordelia bathik okay spell it please for the court stenographer
cordelia spell your name for the court reporter
Cordelia Bafik, C-O-R-D-E-L-I-A, Bafik, B-A-F-F-I-C.
Do you swear to affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
I also would like to thank Mr. Idovich for complying with their request from our community.
The only comment I have, and I would like to confirm what Ms. Diane Wadia said,
I also was part of every one of the meetings where the community discussed this project, and I do not remember at all, and I took notes as well, the elevator in the front, because our concern would be that there is, that would be an eyesore, so we would have definitely mentioned it.
Okay, we appreciate your input.
Thank you.
Is there anyone else in the virtual audience?
No hands, Chair.
planning commission good afternoon chair members of the board this is greg waldman city planning
commission staff the comprehensive plan recommends a change in zoning at this location to residential
residential multi-family one under the proposed zoning three dwelling units would be allowed by
right 12 12 units not the minimum needed for the applicant to derive value from the lot the city
planning commission recommends that the board grant a variance for multiple units but limited
to three units. Thank you. Mr. Chairman I believe that's an incorrect statement and I believe that
we would have a minimum of eight units permitted by right and if we added a bonus we could get up
to 12 units as well. Again this is what we propose is what the community also asked us to do. Right
and and you're uh you're comfortable with all of their uh yes right yes okay okay thank you
mi 2022 004 478 17 716 north 40 street i vote yes roof deck for provisos roof deck for
mechanical only front building line must align with adjacent structures trash stored in the rear yard
and also commercial trash pickup and mr chairman we had revised plans as well i'm sorry about that
right hold on hold on one one second um so i believe the revised plans were considered under
the amended refusal is that correct that is correct we just okay so then we just need to
note her amended refusal dated 7 2023 by granting this appeal the board is also approving additional
variances for rear yard and rear yard area is that right correct open area open area okay
jim james snell my vote is yes with proviso thank you it's this mail shaheed my vote is yes with
proviso. Thomas, you have your three votes, counsel. Thank you, Mr. Chairman.
All right. MI 2023-002-586-2100 to 12 East Rush Street. Bryn Saverin is the attorney.
Hello. Hold on one minute here. Sure. Recommendation of support from Somerset
Neighbors for Better Living, letter of non-opposition from Councilmember