ZBA Hearing - August 19, 2025

windows and that's the interest okay and uh what is there a second means of ingress and egress here

for um fire purposes yes there is uh it is

the fire entrance is the door that leads to the outside in the back so when you walk through that

door there is like two steps and you'll be right outside to that back entrance where the gate is

and where cars can be parked is that you shouldn't be parked there is just a drop-off it's just

basically you shouldn't stay in there it's like if I did need to use that door it would be fine

for them to come through the gate and go straight into the daycare no cars it's parked there okay

how many children and what are the ages so we can't really dictate how many children until the

state comes out and tell, but I would like to do from infant to preschool.

Okay. All right. And

okay.

Okay. Thank you. You're welcome. Other questions?

jermaine the last uh hearing um mr richardson uh complained about there's a lot of congestion in

the front and thought it was a bad area do you remember that i i do i do um and right and that's

the reason why we presented the, hold on, the photos of the rear, because we do recognize

that there are, there is some congestion door net, but this area, hold on, this area right

here, which is a part of the building, is what would be used temporarily, and I believe

that that's what Ms. Baisley was referring to as far as what would alleviate the congestion.

They would just come there, pick up, drop off their children, well, drop off the children

in the morning, pick them up, and that's how it would be used.

That's why we thought that this angle, this vantage point was very important for the board

to see and consider.

So is this a driveway?

This is a driveway.

Yes.

Yes.

okay yeah where is this yeah where's the entrance yeah how do you how do you get from that driveway

to the front door are they not or how does that work so it's right next so this is the front door

right here or this is right here and if we go right here so it's all the way to the right of

the door that's correct they and then you you drop off the children and then what's your plan

they walk through the grass in front of how does it argue they're walking down to the pavement and

then around what's what's the plan the plan is for them to come through the front they can use the

back entrance if it do seem like it's getting congestion but i don't see that happening i don't

see the congestion i know for a fact that they could drop the kids off there and the front entrance

is fine but since they said it was a problem i know that we do have access to the side of the

building as well if it did get to the point of you know the parking or whatever it is once it

starts running it is a secondary way to get into the building your goal is to have the cars line

up along this driveway if it if it comes to it yes sir and it is there a path is there a i'm not

Yes, it's a path through the grass.

You can walk through the grass.

As soon as you walk through the grass, it's about two steps and it's a door, and that's the daycare.

So, it's not no walking through the building, no roaming around, straight in and straight out.

It's just two entrances.

It's the front and it's also the side of the building.

That's if it gets too congested in the front, we also have access to the side.

So, I just wanted to be sure before it gets congested or it be a problem, it's too access.

So I just wanted to be sure before it get congested or it'd be a problem is two accesses to the building, which is all on the first floor.

Okay. Thank you.

You're welcome.

Other questions from the board?

Questions from our attorney, Hillary Emerson?

Not at this time, Mr. Chair.

Questions or comments from the virtual audience?

I see no hands at this time, Chair.

Planning Commission.

thank you chairman and board members david effecto with the city planning commission

chairman and board members the comprehensive plan recommends no change to the rm1 residential

multi-family zoning at this location the city chain the city rezoned this neighborhood in 1978

in a council supported map change a child care center which is a facility for 13 or more children

not in the caregiver's primary residence, is not allowed in the underlying zoning,

nor by the 8th District Zoning Overlay. The property has a documented history as ground

floor commercial use with residential units above. However, the proposed use is likely to

cause congestion on Stenton Avenue during child pickup and drop-off. The City Planning Commission

recommends that the Board deny the proposed use variance for a child care center.

All right. Jermaine, we're going to vote on this next week. Am I right, Hillary? Next Wednesday at 930 a.m. We need one other board member here to listen to the tape. Okay. Okay. All right. No problem.

Thank you. Thank you for your presentation. Thank you. Thank you.

You have.

Number two, MI 2024 007407881 Windwood Road. Devin Upta is the attorney. This is a resumptive hearing.

Devin has been promoted to penalist okay good morning commissioner good morning Devin how are

you sir by yourself could you please state your name and spell for the stenographer yes Devin

hook that UQDH do you swear or affirm to tell the truth the whole truth and nothing but the truth

I do. Yes. And there was support from the neighbors of Overbrook Association.

And I think this is a resumptive hearing.

And what we're looking for is more interior photos of the entire first floor and plan how the layout is in the property.

So and then what after you do that, we will take questions from the board.

We would open up the public testimony and also planning.

So why don't you start, sir, with the updates?

yeah do you want me to go through operation again or just go straight to the pictures

well I think you could do the photos that you were told to bring in the last time and

update it that way okay all right

let me share my screen let me know we can see the photos do you see my screen we've seen your

Okay. So, again, this is a resumptive hearing, as you mentioned. This is the outside of the property. I'm going to just scroll down to just show you some more of the inside of the property. So, just to reflect back, this is a property that is already zoned as a single-family home. We're looking to use the basement unit for a commercial space. It'll be a therapist. He'll be working out of the office. Basement unit's already set up.

the last hearing i didn't have like a variety of pictures of the basement unit

so i'm just going to go through some of the pictures of the inside of the property

this picture here is if you come in from the outside uh so this is the side of the property

here if you were to come in that side door you'll be walking in the side door right here

um so this is me standing inside the property looking down the hallway

these are a bathroom two offices in a closet

so again inside that same entryway door looking down a hallway again and it's two offices and

some storage so here's a picture of one of the offices with the door open

another picture with office is just some storage office chairs and stuff like that but again

it's already set up and everything's kind of like a white box set up already

this is the third office again it's just um a white box so the the work is already pretty much

done this is the bathroom this is the outsider property so

This is the bathroom.

This is the outsider property.

So, again, this was a door that I originally showed you that was open coming in.

I also have pictures of the residential portion of the property.

Do you want me to go into those, Commissioner?

I think, did you show last time the resident?

We didn't know.

I think you talked about the residential last time, correct?

Yes.

Yeah, and the main issue is this one here, right?

Am I correct, Hillary?

Yeah, the office is what we're interested in.

Okay.

So that was the main pictures of the office.

I can also, I have the letter of support as well.

I have the tax clearance.

Here's the posting.

um i guess aside from that do you want me to go into any more uh of the presentation or do you

have any why don't you bring your client on and adopt your testimony what your additional

information sure uh fatima are you on a call

i don't see anyone with that name in the virtual audience

second just i know that she was on but she was at work so just checking devon you're an officer

of the court we will accept your uh testimony questions from the board

okay um can you uh show me how you get from this

front door that you're saying the interns there to this office space and yes i can let me um

so this picture i'll zoom in a little bit

well yeah so here where my mouse is it's a door right there so this is the residential part

it's a separate door right here where my mouse is hovering yeah can you make the picture a little

bigger so i just yeah i i see what you're saying it's just hard to see okay this is a doorway right

here. So it's a separate entrance. I should have

another zoomed in picture of it as well. So if I

zoom in, this is a doorway here.

So it's just a complete separate door and this is the

All this is in the basement is what you explained. Yeah, so it's a

separate entrance. So this is the door, like if I were coming into the door, this is what I

walk into. So it's just a separate, it's a complete separate entrance. Okay.

Right. And then these, the doors that I'm seeing here, that's down this hall, those are where those offices are that you?

Yes. So these are the offices. So this, so for example, this door right here is the bathroom that's on this picture.

Then this is the other office. So they're all, those doors that I'm, when I'm looking down the halls, they're all just, just office spaces and bathrooms from each side.

these are two offices here and storage and then if i look down this hallway

this is one office and this is a bathroom right here

all right and uh this was a formerly a residential space is that the entire house was residential

yeah so the entire house was just always residential I think at some point it may have

been a multi-family based on the setup a lot most of the houses on the block are are multi-family

in an area it's like the Winfield area there's a lot of like multi-families a lot of houses are

really big three-story houses all right thank you all the questions from the board

questions from our attorney hillary emerson not at this time mr chair questions or comments

from the virtual audience i see no hands at this time commission thank you chairman and board

members david fecto with the city planning commission chairman and board members the

comprehensive plan recommends no change to the rsa3 residential single family zoning at this

location there are no there are no unique physical circumstances or conditions that would prevent

this property from being used in conformance with the zoning code the appellant has an administrative

remedy they could have applied for a home occupation which allows a professional office

with no employees and no visitors the city planning commission recommends the board deny

the requested use variants for a business and professional office attorney wants to make a

comment yeah sorry one other note for the record mr chair i just want to note that the the refusal

want to know that the the refusal because this is rsa3 it is missing a refusal for multiple

because this is rsa3 it is missing a refusal

principal uses on a lot um and it did not appear there was any parking on the site

there would be one parking space required for the dwelling unit and then one per 1 000 square

feet for the commercial use so just want to note that for the record okay thank you so mi2024

0-0-7-4-0-7-8-8-1

Wynwood Road. I vote yes. Mr. Chair,

I'm sorry. I apologize. There's one thing I wanted to bring up.

This property in the past

was owned multifamily, and if possible, the RCO

had agreed to hear if we amended the L&I

refusal to be multifamily. We were

not able to reschedule a meeting with them before this hearing.

Would it be possible to hold the vote and allow me to get the updated letter of support and L&I refusal?

So explain this.

What you would do is instead of a business, you'd have an apartment there?

So it would be so basically the property in the past was set up as multi-unit.

So it is technically sectioned for multi-unit.

So we would basically go back and instead of saying single family with a business, it would just be multifamily with the business, similar to the other property.

that um mr we've gone through the entire hearing with this being single family and a business i

think at this point you would need to submit a new application if you would like to do multi-family

at the property okay we're going we're going to stay in vote count i hope that's okay um

um so in my 2024 zero zero zero seven four zero seven eight eight one winwood road i vote yes

michael johnson my vote is yes cheryl gaston my vote is yes tennetta graham my vote is yes

and and devon uh stay there we have another case of yours so number three mi2024

four one four eight oh nine north 63rd street could you just state your name for the record

uh you don't have to be sworn you've already been sworn there's a letter of support from

overbook west neighbors incorporated and uh tenetta graham has a few questions for your

board uh good morning have you submitted your documents five days in advance of this hearing

yes okay and do you waive the reading of the refusal and stipulate to its accuracy

yes okay all right thank you you may share your screen and proceed with your case

can you see my screen

yes okay all right so this property is 809 north 63rd street it's about two blocks from the other

property um same owner this is a letter of refusal the letter of refusal is for a two-family household

living with a business professional space so similar to the property we just saw um

it is would be two families two it's two family living um business on the first floor into the

basement um i have a copy of the deed here as well that was recorded with the city

i'm going to go into some pictures of the surrounding parcels so again the property

is on 63rd this is on 63rd between jefferson and forget the street here um it's a commercial

mixed-use space

lands down to the other street.

So most of the property on the area

are multifamily or multifamily with a business on the

first floor. So both sides of the property are businesses. One is a

construction company run out of their home. The other one is a law firm that is run out of

a home on the first floor. This is the outside of the property.

809, three floors.

There is an entrance in the back that will be remodeled. The business will be

located mainly on the first floor in the basement, whereas the two upper floors are residential.

So this floor is an office space on the first floor