All right, thank you.
MI-2025-001966-1809-Mower Street, Frank Turner is the attorney for the owner, Soltan
Mr. Turner, if you're still in the virtual audience, please raise your virtual hand.
Okay, it's been promoted. Thank you.
hello so can everyone hear me yes we can hear you uh do you want to state your name and spell
it for the record certainly my name is frank turner f-r-a-n-k-t-u-r-n-e-r i'm uh the attorney
for sultan mansoor the uh owner of the property okay and do you swear to tell the truth the
Okay, and do you swear to tell the truth, the whole truth, and nothing but the truth?
whole truth and nothing but the truth?
Okay, so, Cheryl, Secretary, you want to say my spiel?
Okay, this is my first time doing this, so give me a second.
Okay, counsel, did you submit your documents five days in advance of this hearing?
i did um and i submitted them by email and then i received instructions to
submit them through the uh portal on which i did i believe yesterday and they were
largest accepted so yes okay and uh do you waive the reading of the refusal and stipulate to its
accuracy yes thank you you may proceed thank you um so i can if i can share my screen i believe
and and while you pull up your documents you had um a unanimous support from ron her civic
association thank you um i was going to report that that uh that was what i was told at the end
of that meeting. So just making sure to pull up the right page here.
Hold on a second, here it is, okay.
so what we have now what we have today is 1809 Mower Street before my client
purchased the property in 2021 the garage the garage was converted into an
extra room and the driveway leading to the garage was left as a driveway and I
believe sometime in 2024 um city council changed the requirements for the overlay district the
far northeast overlay district that required external parking but and by it by taking out the
attached the semi-attached properties from that requirement which left this property outside of
the zoning code by action of City Council when I believe we've received a violation for that
and so here we're trying to legalize the existing conditions like many other
properties in the area that were affected by this overlay change so here
we have the refusal where it says that the accessory parking is required it's
prohibited in the front side and rear yards and it's only for RSA 3 for
residential attached dwellings we also have an email from the inspector from
L&I explaining that that the exception that did allow the driveway doesn't does
not allow that any longer and I have a screen shot of the actual variance the
actual change in the code um if you guys would like to see that as well no do you have pictures
of the property you want to show us pictures of the property here we go and what was done
So this is the, here's the front of the property showing our Notice of Appeal, so, and this
is basically the operative image that we're talking about here, where this was a garage,
and uh the garage door was removed and the wall is wall and window were put in
here is another view of the rear area
how long ago was this done this was done before
It was done before my client purchased the property, which I'm about to verify, I believe,
was in 2021.
And we have retroactive plans that were provided by the contractor who should be on the call
now and can um verify the same okay that's those are the only pictures that you have that you want
actually no see this is more of the rear driveway area that leads to the driveway this is the rear
patio next to the driveway um this is the interior of the garage conversion and it gets smaller so
everyone can see. So this is the garage conversion. The window is here where the camera is.
so it was converted as additional living space exactly is it turned into another an extra room
and just trying to get through here
okay you can bring your client on to adopt your testimony okay um uh the other property is
actually um just working the because the meeting ran long he wasn't able to to stay on the call
but i have the contractor um here uh come off floyd who did the plans which i can also share
here as well so he's a servant of the court right so he can he can do that he can okay all right um
and so he should oh um i'm sorry i just heard from him that he's having trouble logging in so i'm
right so as an officer of the court we can we can take your uh testimony thank you on behalf
of your client um all right so we're just gonna are you done with your pictures and photos yes
i'm there we um i just also wanted to show um the panel of the uh the board the the retroactive
plans that were that were done um for the um for the basement addition as well okay which
can you make those larger certainly these were provided to the um
so here um where it said the renovation was the ultimate alteration the existing garage
to be converted into living space and so the removal of the interior parking space and
creation of service street parking service parking service area parking and so this is
All right. Thank you. Questions from the board? Yes. Can you show me where the door is? There seemed to be a door when you showed the earlier pictures for the door into this living space.
but then when you showed the pictures it looked like they were like two closets or something
can you show me where the entrance is from this yes space into the space itself okay hold on
Oh, I see.
It's along this patio area.
Can you scroll down to the floor plan?
Oh, certainly.
All right.
Sorry.
Is that wrong?
You had some pictures.
I'm sorry.
So this is the, this is the lower street, this is the front, and then this is the alley,
this is where the parking is now, there's a shed here, and then along the side there's
a ramp that leads up to this door into the basement and convert a garage area.
It's like if you notice that the that the that the driveway is sunken down into what would be the basement.
Yeah. Can you slide down to the floor plan, please?
Sure. So the bedroom, I see the bedroom.
so so okay so the so there's a door in out to the backyard off of this sort of
hallway where you have these utilities laundry and existing storage right
right here and i guess took you eliminated the wall of the garage the interior the interior
wall of the garage and made it that's that's the bedroom that has the window
and then you've got this flex space in the front um so but it's and you've got a bathroom down
there too but there's no well i don't see any i don't see any windows i mean i see the windows
but where are the windows on the on the windows this is the window right here um no i see that
i see the window for the egress i see the bedroom but i don't see on your picture
the pictures that you show where the oh i see
yeah it looked like yeah most of the pictures were taken it looks like from um from the
window space area no earlier you showed the pictures they were um because it's painted yellow
and i guess my only concern would be about you know the way that it slopes like that about the
drainage kind of issues right is there a yard drain right in front of the garage what was the
garage one of that egress window because this hope that you know the slopes right into the building
exactly that and that and I don't know you you might need a zoning approval for that shit
because it looks like it has a foundation a shed that's in the backyard i see so this is the um
hallway that uh this is the the side hallway where the entrance is
there is no mention of drainage in this well it might not show up but on this
that was the question the earlier pictures that you showed you're you're
showing the i i understand plans but you also had pictures that showed um what looked like
uh an opening i i couldn't tell whether about any hallway or anything right um so i think yeah this
would be the this is the hallway area from exterior pictures you had exterior pictures
where you showed the space and the slope and what have you and it's it looked yellow oh here's the
ramp and the interior space is the basement interior basement space no the exterior picture
that showed that there it is okay and you had another one so how is this how is this working so
how is this how is this working so you can see there's a drain right here where it slopes down
Oh, there's a drain right here.
and then it looks like there was a door there so you're saying that this oh yeah this is the door
right this is the door and this is the bedroom wall um from the basement from any other sort of
this image. Any other questions? Questions from our attorney? Not at this time. Questions from the
virtual audience? You're not seeing any hands, Madam Chair. Okay, and Planning Commission?
Good evening. Liz Fusillay on behalf of the Planning Commission. The comprehensive plan
recommends no change to the existing residential single-family attached zoning
at this location there is a documented history of this modification on the block matching the
character of the neighborhood the city planning commission therefore recommends the board grant
the requested variance for an accessory rear parking space okay okay mi2025001966 1809
malware street um i vote yes johns my vote is yes
cheryl gaston my vote is yes emily presico my vote is yes
thank you council um thank you lord for number seven hillary are we okay to move forward
yes we are we have received all of the required documents for that matter
Okay, thank you. MI-2025-001899, 4750 Rising Sun Avenue. Nilsa Delaunay is the tenant applicant.
I'm sure I see two people under the name of Nilsa Delaunay.
Okay, let's bring them on and see which one is Nilsa.
Nilsa Deloney, if you're still in the audience, please raise your virtual hand.
They have identified themselves and they will be promoted to panelists shortly, Madam Chair.
Good evening, everyone.
good evening can you hear us you have it echo going on um all right could you state your name
and spell the photo record please
devices on or something all right uh so miss delona if you could please turn off the sound
on your second device, it's feeding back into the microphone. Thanks.
Okay, Nilsa, are you still there?
How about now? Okay, you have two
devices on? I do not. Okay, because
we're hearing some feedback this way.
Did you state your name and spell it for the record?
Yes. Nilsa
N-I-L-S-A
DeLeon
B-I-L-O-N-E
I still hear that noise.
You have your phone's on or something?
Something else that's calling
the IACA?
Okay. Can you hear us, Nilsa?
please unmute yourself
okay so Nilsa we have another case we're going to come right back to you so maybe we can work on
is that better yes okay yes that is better okay now state your name for the state your name and
spell it for the record for us, please. Again. My name is Nilsa DeLeon, N-I-L-S-A-D-I-O-N-E.
Okay. And do you swear to tell the truth, the whole truth and nothing but the truth?
Yes, ma'am. And what's your relationship to the property? I rent the space.
You rent, so you don't own the space, you rent the space? Correct. Okay. All right. And so this
application is for a sit-down restaurant and also a takeout restaurant and an existing structure
is that correct yes it is okay all right so board member gaskin has some questions to ask you
thank you did you submit your documents uh five days in advance of this hearing yes ma'am
five days in advance of this hearing.
Yes, ma'am.
Thank you. You may proceed.
Oh, I have to read the refusal. Sorry.
And also, can you start your video, please, ma'am?
I don't have the camera working. Is that going to be a problem?
Are you able to share your screen and show us your documents?
Okay, yes, I believe that I can.
Let me see.
So your application is for use as a sit-down restaurant and take-out restaurant in an existing attached structure, no sign on its permit, whereas you have two use refusals.
the proposed uses sit-down restaurant and takeout restaurant are prohibited in the cmx1 zoning
district correct okay and you can now proceed okay um can everyone see my screen yes okay perfect and
uh miss dione we do have a letter of support from esperanza housing and economic development
yes i have that letter as well right here
so yes that is part of the exhibits that i um i am providing um going back to the refusal
that we just discussed it is for the um proposed use of the sit down restaurant and take out
restaurant. This is my project form. This is the application of appeal that I've submitted.
These are the drawings, the plans of the location. It's only the first floor.
okay so you want to you want to walk us through what you're trying to do yes so i'm trying to open
up a food restaurant mexican restaurant um i have a commercial lease here
i have a trash and recycle plan for the location i have the zoning notice appeal
So again, the support letter from the community, this is a previous unit use that I found where
the back from 2016, where the same, the same use that I'm trying to seek was already granted
for this timeframe back in 2016.
So I figured I'd just present that.
You have pictures of the property?
Oh, this is a video. We can start with that. This is a video.
And as you can see, it's really not a full operator sit-down business.
It's really going to be focused more on takeout.
But whoever would like to come into the establishment and wait for their food to be prepared is not a problem.
We just provided those seats.
If they need to be removed, that's not a problem.
Um, this is just, this is a fuller picture of, of the location when you walk in.
This is what are the hours of operation?
The hours will be seven to, um, 7 PM Monday through Friday, Sunday.