ZBA Hearing - September 20, 2023

things I always get asked to share the recordings because my property has the best lights

the recordings because my property has the best lights.

and camera I also have an alarm and noise monitoring that is just things I put in place

so that you know there's no issues with the property but again there hasn't been issued

with the property a little bit more about like what people think about the place is comfortable

spacious it's cozy and a lot of the kind of interesting benefits that the neighborhood

gets and that's why the neighborhood supports this business is that you do get patrons for

neighborhood businesses. So restaurants, cafes, you know, parks, etc. My guests come and visit

those and you can see here from examples of actual guests that I've had. I looked at the

Kensington Development Goals, and their goals as a neighborhood have been to reduce the vacancy of

abandoned properties, improve the maintenance of the properties and the safety of the street,

and to focus on commercial options for neighborhood-serving businesses. And I just

wanted to demonstrate through my presentation that my property does kind of support the

neighborhood in a sense that I rehabilitated a city corner into a beautiful and clean space.

I provide affordable accommodations for the community. I'm promoting a positive image

for East Kensington. I also used to employ five people before the change in zoning.

And then a little bit more about the criteria for granting a special permit use, which is what I'm

trying to do um in the three years of operation i've never had an issue with any of this but i

just wanted to put it on the record that you know having a short-term rental business um in my home

doesn't really impact um you know the congestion concentration of population public transportation

and actually release the use of schools and parks because guests my guests don't really use those

facilities it reduces the probability of fire because most guests don't cook again they patron

in a lot of local restaurants, and it really doesn't impair the light air of or use of the

adjacent properties. And I think in my view, it helped increase the public health of the area

because there's no open drug consumption. And lastly, it aligns with the East Kensington

Development Plan. And there is the extra benefit of tax revenue for the city and tourism dollars.

And in terms of the hardship that this has caused me, you know, the reason that I can't conform with the permitted use or the zoning change, you know, for me, it is prohibitively expensive because, you know, I, when this was allowed, I invested all my life savings into the business.

And I also went into $75,000 in debt to be able to launch this high quality business.

and while I was operating my small business I was able to repay my debts on time make a modest

living and provide you know a home for myself um now with the changes and ordinances um I won't be

able to continue to operate and I won't be able to you know I only were able to make around like

200 per month of my property which would result in me not being able to pay my debts which I

I inquired to go into business, the business that I showed you guys.

And that would incur, you know, personal bankruptcy and the foreclosure of my home.

I am also an immigrant, so I support my mom.

So I don't really have somebody who can support me and help me pay my dad and things like that.

I do believe that the purpose of this ordinance is to crack down on bad actors and not bankrupt a well-run minority.

I think we understand that.

okay okay so that's all i have to say thank you are shy so questions from the board

no chair no mr chair no mr chairman thank you questions or comments from the virtual audience

mr chair this is hillary i just i just had a quick question for ms romero um ms romero

the the refusal indicates that you would like the variance for the entire property

Is that what you're seeking or only for two of the units?

I'm seeking it for the entire property just because I might move down once I start a family.

So I might need that.

Not a problem.

I just wanted to make sure that the refusal was reflecting what you wanted.

Thank you.

Sure.

Thank you.

Okay.

Questions or comments from the virtual audience?

Yes, Chair Dr. James McGlinch has a hand up.

Hi.

I will allow him to speak.

Could you state your name, please, and spell it for the court stenographer?

Hi, yes. James McGlinch, J-A-M-E-S, last name M-C-G-L-I-N-C-H.

Hi, yes, James McGlinch, J-A-M-E-L.

Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Yes, I do.

Please proceed, sir.

Hi, yes. I just wanted to affirm my support for Angela's project here.

As a neighbor who lives in the neighborhood, it has not only provided accommodation for my family on a regular basis, which is not easy to find in this area, but also it has definitely made it, you know, safer, nicer.

And she has also just been an excellent neighbor overall.

Thank you for taking the time to call us in and share your thoughts.

Is there anyone else in the virtual audience?

No hands, Chair.

Any commission?

Ron Bednar, City Planning. Properties indicated for residential use on the city plan or adopted

district plan recommends no change. Existing zoning at this location, the applicant's hardship

not supported with evidence of unique physical circumstances or condition of the property that

would prevent it from being used, conforming with the code. Therefore, we recommend the request of

variance not the right. MI 2023-001-426-2566 Carl Street. I vote yes with proviso. Temporary

variance expires 9-21-26. Thomas Holloman, my vote is yes with proviso. James Snell, my vote is yes

with Proviso. Thank you. Ms. Romero, you have your votes. Thank you so much, Chairman of the

Board and Chair. I appreciate it. Thank you. Number five, MI 2023-001-382, 1919 West Hunting

Park Avenue. Tiona Sutton, Derek Sutton, and Walada MacArthur are the owner occupants.

There's no RCO letter, but there was a meeting held 9-12-23 by the 13th Ward RCO.

Mr. Chair, this is Hillary.

I understand we'll bring the applicants on, but I understand there's also a request for continuance, I believe, from the council office and possibly the RCO.

So we can address that matter first.

Okay.

All right.

why don't we bring the RCO on

and the

owners too please

I have the

owners here

Charles Richardson come back

who should I bring on first

I would bring in first

one of the Suttons or

MacArthur they're the owner applicants

okay thanks

hi I'm here

okay fine

And then I would have somebody from the 13th Ward RCO if they're present.

Charles Richardson.

And Charles Richardson.

Can you hear her?

Yeah, I can. One minute.

Who's going to testify?

Waleedah MacArthur.

Okay. Could you state your name, please, and spell it for the court stenographer?

Yes. How you doing? My name is Waleedah McArthur. First name is W-A-L-I-D-A-H. Last name is M-C-A-R-T-H-U-R.

Like you swear for him to tell the truth, the whole truth, nothing but the truth?

Yes.

Okay. Is Mr. Richardson here?

I am here, Mr. Chair.

You know, Mr. Richardson, you've already been sworn. And is the 13th Ward RCO here?

he is on the phone so he would likely be at number uh trying to find his telephone number

here but he he should if charles as i say his his hand is raised he is under his name

very good hi sir could you state your name please and spell for the court sonographer

Mr. Karn, can you unmute yourself?

He's back muted again.

There he is.

It looks like he's having a problem with his audio, Chair.

Okay.

I'll pull him up on the phone if you need me to.

Can you give us your comments about where they are with this?

Certainly. I received an email from an email chain, basically, for Mr. Karn, from Mr. Karn, where he had communicated with whoever was doing, I guess, facilitation for them.

Certainly.

I received an email from an email chain.

Looks like it's, oh, it was a different name than the folks that are on here at the moment.

Hello, can you hear me?

Yes, Mr. Kahn, could you state your name, please, and spell for the court stenographer?

I'm sorry, Charles Kahn, 3853 North 19th Street, 13th Ward, RCO, chairperson.

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Yes, sir.

Let me ask you this. Why would you have, why do you want a continuance?

Based on what happened was when we had the meeting last Tuesday, there was no participation from the community at all.

The RCO community was there.

At that time, we agreed with the expediter to have a continuance.

I sent them an email.

They confirmed it.

And that's where we stood until I just recently got a phone call.

All right, so let me, Walada?

Yes.

Do you want a continuance?

No, I don't want a continuance.

What happened was the meeting was there, the community meeting was there,

and we mailed out all the paperwork for everything.

I had everything ready to go to present and everything.

What happened was three people didn't show up from his board.

so I guess

wait, let me stop

let her finish

let me finish

it was only a couple people that showed up

for the community meeting

so I said to him, he said we have to come back

for a continuum, so I told him

that it was costly for the

mailings, and if I did it again

and they didn't show up again, then what would I

do, and that's when he said he will

handle it, so I said okay

for the contingency of the

neighborhood meeting

can they hear our case and then hear our case and hold the position

until they get the yes so the rco letter all right so here's what we're going to do

we're going to hear the case we're going to hold it we won't vote on it we'll close until we hear

from the rco okay and the council office and the council office oh wow absolutely absolutely

Absolutely. Absolutely. We'll let you respond to the RCO letter.

Okay. So why don't we start?

Wailada, could you, you've sent all your documents in, and this application is for a sit-down restaurant in an existing structure with other existing uses in the same structure as previously approved.

The proposed use to sit down this time is prohibited in the RM1 zoning district.

So why don't you present your case?

Can I please allow my exhibitor to share a screen?

She can put the documents up, but you'll testify.

Yes.

So start the documents.

Okay.

Starting the documents.

you have to let them

let her

you guys have to allow her to

come on and share the paperwork

yeah she's being promoted

now

huh

Maziza has been promoted

she's going to be here

and excuse me Mr. Chair

can I just ask as a preliminary matter

Ms. MacArthur

there are two other people

listed on the deed.

Who are they?

Tiana Sutton and Derek Sutton?

Yes, that is my

brother-in-law and my stepdaughter.

Okay.

I thank you.

I'm sharing the screen.

Please proceed.

We know about your application. Go ahead.

Okay. Yes.

The life of the building

has always been used for a C2 when they'll purchase it.