It's really shallow.
It's only 750 square feet.
So it's a very small lot, and it's a pretty small house.
We have the tax compliance certificate.
The notice of the hearing was posted at the property.
You can see those photographs here.
We did have, we had a meeting scheduled with Point Bella Vista Neighbors Association,
originally scheduled for the beginning of July.
We sent out a notice to the list of addresses from the Planning Commission link.
Unfortunately, that meeting had to be continued.
Could the District Council 33 strike because the meeting was held at the Palumbo Rec Center?
but we did have a meeting that this notice was properly sent certificate first class mailing
you can see the certificate here but then we had to have rescheduled a meeting to july 29
and again that did go out to the same list of addresses and we have a certificate of mailing
that you can see here as mentioned mr chairman at the beginning there is a letter of non-opposition
from bellaventure association and a letter of non-opposition from council member squilla we
believe that the um the the variances are the minimum variance required that there is a hardship
to the property because of the surrounding because of the small size of it and because
of the buildings that surround it there won't be an impact uh on traffic or there won't be
uh on traffic or there won't be an increase in traffic congestion and as such we believe that
an increase in traffic congestion and as such we
the criteria exists for the granting of the variance in this situation your client has been
here for about at least four or five hours so why don't you come up so oh he's actually there yeah
he's actually here he's been oh okay because i think i've been texting him wondering where
i'm sure where he is hi paul how are you hi could you please state your name and spell for us or
Or Paul Hughes, P-A-U-L-H-U-G-H-E-S.
Right.
Do you swear or affirm, tell the truth, the whole truth, and nothing but the truth?
David?
Paul, you're one of the owners of the property, correct?
That's correct.
And you heard the statements that I made to the board today?
And are they true and correct to the best of your knowledge?
And would you adopt them as your own?
I would.
Thank you.
Questions from the board?
Questions from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I do not see any hands, Mr. Chair.
Planning Commission.
Good evening, Liz Fuseli on behalf of the Planning Commission.
The comprehensive plan recommends no change in zoning at this location from the existing RM1 multifamily residential zoning.
There is no unique physical condition or circumstance of this property that would prevent it from being used in strict conformity with the zoning code.
The City Planning Commission recommends that the board deny the requested variance for fence height, rear yard depth, maximum occupied area, and the rear yard minimum area.
So the fence has been there, right?
We're not even sure whose fence it is.
Is that right?
That's correct.
It's essentially on the property line.
All right.
It was there when we bought the place.
So MI2025-002-916-936-South 10th Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Iowyn, my vote is yes.
Thank you.
Thank you very much.
Thank you.
Sorry you had to be here so long.
Why don't you come up and start setting up, and I'm going to read where we're at here, right?
all right i'm gonna i'll try to hear this first one go from there you're gonna have to pick it
up i'm gonna leave it a little bit all right good afternoon everyone my name is bill bergman and i
will be chairing this meeting of the zoning board of adjustment with me is um our board secretary
Michelle Al-Gaston. Present, Mr. Chairman. Our Vice Chair,
Tanetta Graham. Present, Mr. Chairman. Board Member Michael Johns. Present, Mr. Chairman.
Board Member Taya Nguyen, who may be on her way.
She's still on her top. Thank you.
Thank you. Also, here is our Board Attorney, Hilary Emerson,
our Zoning Board Director, Anne Hagerty, and our Board Administrator,
Brea Schrader, Lakeisha Dandy. Recording this hearing will be posted on the ZBA website.
by participating you consent to be recorded this is an in-person meeting with remote capabilities
whether remote or in person if you're called to speak you must state and spell your name then wait
to be sworn in once you're sworn in please state your name name each time before beginning your
testimony any person may enter their appearance you can identify the case property address in
your zoom webinar registration you can see a staff member or you can call the zba appearance
line by the close of business tomorrow call 267-270-5548 leave a message that includes
your email address the address of the property of the appeal following guidance is for the remote
attendees first when directed by the chair you must raise your virtual hand in order to be
recognized second if you're called to testify you'll be prompted to join as a panelist please
accept the request and turn on your camera third the webinar q a is for questions about the area
Do not comment on the cases in the Q&A.
Fourth, if you're participating by phone, plus star nine to raise your hand and star six to unmute.
For in-person attendees, please refrain from talking, eating, drinking, during hearings.
Verbal and physical aggression will not be tolerated.
Restrooms are across from the elevators.
A water fountain is just outside the room to the right.
When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and the court reporter.
In the event of an emergency, please follow the directions given over the public address system.
The main exit is through the double doors at the rear.
The nearest stairwell is to the left outside the doors.
In case of an evacuation, the rally point is at Love Park directly across Art Street.
Please remain there so we can account for you.
Let's look at our schedule for this afternoon.
Thank you.
Number five, MI 2024-007-377-4636, Oakland.
There's a trust, Lyra B. Cupid, and Lyra B. is listed applicant.
No exhibit, second listing.
No one appeared the first time.
Good evening, Mr. Chair. This is Jason Handel. I will be your co-host for the session.
I do not see any hands raised and I do not appear to see the individual questions in the audience.
This is the second time. No one appeared the last time. So MI 2024-007-377-4636 Oakland Street, I vote to dismiss.
Michael Johns, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
Tanetta Graham, my vote is to dismiss.
Taya Nguyen, my vote is to dismiss.
And number three, MI 2024-007-385-530 North Preston Street, and MI 2024-007-386-532-Preston Street, both these cases have been withdrawn.
and then MI 2024 007387534 North Preston Street that case has been withdrawn too
so we're going to start with Mr. Mattione's case
I'll try to stay the length of this because Mr. Mattione's been sitting here
i think longer than anybody today but personally so um mi 2025 005 623 834 north lawrence street
this is a reconsideration hearing um there's a letter of support from northern liberties
neighbors association and also is there's non-opposition from council member young
John, the evidence and testimony from July 16th, 2025 hearing regarding this matter are incorporated into the record for this hearing.
The scope of the hearing is limited to the presentation of supplemental evidence by the applicant.
What we're going to do is have a presentation by the applicant, questions by the board, public testimony, and a planning commission recommendation.
Thank you.
um mr matione have you and i send you over here yet no no why don't you state your name too i
sure uh michael matione m-a-t-t-i-o-n-i do you swear or firm to tell the truth the whole truth
and nothing but the truth i do our vice chair has a few questions sure i guess you got everything
oh good afternoon have you uh emailed your documents and exhibits five days in advance
of this hearing and um this is a resumption hearing so do you simply to the refusal before
and its accuracy.
The way to read and the refusal is typically to its accuracy.
I do. I was not the council at the first time.
Oh, okay. All right.
Thank you.
And I have Peter Torelli here who is one of the owners of the property
with me as well.
Sorry, excuse me, Ms. Mariotti.
I just wanted to note for the record,
Emily Persico has joined us as an alternate board member,
as I know we have a couple board members
that will be leaving shortly due to scheduling conflict.
Thank you.
Thank you.
I'll stay 10 minutes.
Okay. Hopefully we'll be done.
I also have, Mr. Chair, support letters and emails, including from Nick Petrick at 848 North Lithgow and Len Palachuk at 854 North Lithgow, which are also properties that abut the property in question.
And again, like you said, we have a non-opposition letter from Northern Liberties.
What we did was we added additional materials from the original hearing.
We have a map that shows every property.
This property is on Lawrence Street, and it runs through to Lithgow Street.
And what you have here are 13 properties on this street, all but three of which have been subdivided in the middle.
We seek to subdivide this in the middle.
It creates two lots, one at 750 square feet, one at 744 square feet, which are undersized.
but then again every lot on the street is undersized once it's been subdivided again 854
we have a email support and 848 we have an email support and they're both on either side of this
property um if you look at the photographs there's a cavern like feel to this there's 848 and 854 on
either side um again 848 854 and what i don't believe was presented last time was the evidence
showing the square footage of all of the neighboring properties, how you have on Lawrence Street
You have on Lawrence Street lots running, I think as small as 574, 571 square feet, up to about 900 square feet.
Lots running, I think, at Smalls.
The average lot's about 740 square feet.
Lithgow Street, you have a similar situation.
You have lots 514 square feet, 620 square feet.
We're proposing 750 square feet.
We're larger than the 690 square foot average.
On Lawrence Street, it's 790 square feet.
On Lithgow Street, the average lot is 665 square feet, and we're proposing 750 square feet.
We're proposing to not have the cavern that exists there that you see now, and the neighbors support it.
If you look down on Lithgow Street, it's all single-family houses.
They've all been subdivided, you can see, and we're just trying to do what everybody else has done there,
create lot that matches similar size to the other lots and for whatever reason this was not
presented last time so that's why we're here presenting the additional evidence that wasn't
presented last time and we've a whole everything you would typically do but that's really what
wasn't shown the last time that the case was here so and Mr. Torelli's here to have him
introduced and sworn in and we believe that this meets the requirements of a hardship i mean you're
going to create a lot a single family lot it's a single family zone we're going to build a single
family house if this were to be approved it'd be the same single family house that everybody else
on the block has we're in conformity since these are dimensional variances mr chair you are permitted
to take into account the characteristics of the surrounding community we're going to meet the
characteristics of the surrounding community lots going to be the similar size that everybody else
is similar type house that everybody else has there already and he'll get rid of this cavern
and it could lead to dumping and stuff like that i mean it doesn't fit in the character of the
neighborhood the way that it is right now it just is empty lot sitting there so and i have
mr torelli again i'm sorry mr chair i start could you please state your name and spell
photostenographer hello my name is peter torelli p-e-t-e-r-t-o-r-e-l-l-i do you swear or affirm
to tell the truth told truth nothing but the truth yes i do questions from the board
i didn't have him he didn't adopt my testimony because oh
did you hear my statement this is for ellie and and are they true and correct
yes and do you adopt them as your your uh testimony yes thank you um questions from
our attorney hillary emerson this is not at this time mr chair questions or comments from
virtual audience do not see any hands mr chair planning commission
good evening list fusillade for the planning commission the comprehensive plan recommends
no change to the existing rsa5 zoning there is a documented history of subdivision modification
matching the adjacent parcels on the block the city planning commission recommends the board
grant the requested variance for the subdivision. MI 2025-005-623-843 North
Florence Street, I vote yes. Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes. I win, my vote is yes. Thank you, Mr. Chairman.
Thank you. It's the first time all day your clients have smiled. Thank you very much. Thank you.
No, no problem. Thank you.
Chair, I just wanted to let you know that I need to go now.
Okay, yep. All right. Thank you. I'm good.