Mr. Plies has some questions for you.
Mr. Mulvihill, you agree to waive the reading of its refusal and stipulate to its accuracy?
Have you emailed an exhibit packet with the required document, proof of ownership, proof of tax compliance,
copy of the refusal or referral photos and plans five days prior to this hearing?
I have with the exception of tax compliance. There's still an outstanding tax balance on the
property. Okay. Have you met with the RCO and have a letter? We have met with the RCO. I have
not received a letter. Okay. Please proceed. Good afternoon, members of the board. We're here today
for the legalization of an existing structure. An addition was put on the rear of my client's
house at 4609 and 4611 Head Street. That was done without permits, so we just need to make sure we
get everything legalized now. It's just a single-family dwelling. There was a larger addition
was added. Our only refusal is for a side yard. Because we continue the existing footprint of the
house, we have a 3.25 side yard between the side of the house and the side of the property line,
whereas we're required to have five feet under the zoning code.
Just for purposes of the record,
I have refusal, appeal, and project information form at page one,
area zoning maps at page six, deed at page seven,
zoning notification letters at 15,
photos of my client's property at 17,
and plans for the property at page 40.
So just going to page two of my presentation packet,
again, this is the refusal that we received.
we did receive it quite some time ago um it is just for a small deviation for a side yard
we are located in the rsa5 district referencing page six of my zoning packet
page seven this is the deed of consolidation as this was part of a consolidation as well
at page 15 this is my notice of community meeting that was sent out
We did hold a community meeting back in October of 2020.
of 2020. Here's the information for the reverse of that meeting. Notification that was sent out.
Beginning at page 17, this is that side yard that we were talking about, members of the board,
off to the right of this photograph. You can see that the existing structure is only 3.25 feet away
from the other existing structure. This is the property line. And the addition just went back,
and i'll show that to you in the plans once we get to those this is a side porch this is looking
from the rear of the property down through to the front of the property on hedge street
it's another shot from the rear showing that rear one story edition
it's the posting and we have several postings in here as this has been continued several times
all right so members of the board here's what i'm talking about so this is the existing house
to the middle of page 40. i'm indicating here this is the rear addition that was added
and this is what the property looks like from the rear we haven't added
or changed the side yard whatsoever we just kind of went with the property line of the existing
structure and here you can see members of the board exactly what i'm talking about
this is that side yard that we were discussing we just continued the property pardon me the
line of the building straight back and that resulted in this slightly smaller than allowed
side yard i'll note for purpose of the record that the side yard at the front
is actually also not code compliant it's only three feet um 11 and three eighths inches
So it's an existing non-conforming use and an extension thereof.
So essentially, this is a single-family home.
My clients simply sought to put an addition in there.
Before, we had a living room, dining room, and kitchen on the first floor.
Rack space in the basement.
Two bedrooms on the second floor and a bedroom on the third floor.
with the addition of the addition we now have significantly more space so we had
deck that was added dining kitchen living space office larger bedrooms a master bath
and then the original remaining stories above second story and third story
uh remained the same and for purpose of the record this was the proposed subdivision plan
uh pardon me a proposed consolidation plan that was put together uh now that this property has
been uh built so members of the board without any um i don't have anything else at this time but i'm
happy to entertain any questions the board may have have a client to adopt your testimony i don't
believe my client's on the line today chairman we'll stipulate you being an officer court your
client would have adopted your testimony you said at the onset mr mobile hill that you do not have
tax clearance yes i don't have a tax clearance there's an outstanding tax balance due that we
need to address unfortunately and uh we don't still don't have a letter from fna right
oh this was not fna this was frankfurt nac oh sorry it's okay yeah i don't know whether
you ever received one but i never did um melissa would you happen to know if there's a letter from
the rco in that file i have on here that there's no rco a letter that's the most recent information
i have let me do this let me ask the board if there are any questions no no no mr chairman
anyone else would like to testify in this case please raise your hand
Mr. Sloan, folks, has his hand raised.
I will allow him to speak at his time with permission.
Thank you.
Mr. Folks, please identify yourself, and I'll swear you in.
Good morning.
Good afternoon, ZBA.
Can you hear me?
Yes, we can.
Thank you.
Oh, okay.
I apologize.
I was in a good spot.
Again, good afternoon, Chairman DiCicco, ZBA board.
my name is sloan folks i'm representing the office of councilman maria cuñones sanchez
room 508 city hall my spelling is your full name yes sir my spelling of my name is s-l-o-a-n-e
last name is folks f as in fire o-l-k-s you swear for him to tell the truth the whole truth
nothing but the truth i so do thank you please proceed
Thank you.
Mr. Fulks, we lost you.
I believe he's muted, Chairman.
Can you hear me now?
Yes, we can.
Thank you.
Yes, I apologize.
Technology.
There was a meeting with the RCO.
The RCO failed to submit a letter or withheld a letter because there were some questions regarding a survey and lot lines.
um our office would request that if the cba so chooses to uh support or uh support this uh
various requests that a proviso be included that ensures uh or make ensures that the lot lines are
accurate okay thank you uh we don't have a tax clearance so we can't complete this uh and vote
on this as of yet um and we also would like to have the letter from the rco so we're going to
do a resumption hearing, Mr. Mulvihill,
specifically.
Tanya, do you have a date?
Let's try September 8th at
All right. Hold on.
MI 2020-000328
4609 Head
Street.
We will have a resumption
hearing on september the 8th at 3 30 p.m at which time we will consider any feedback from the rco
and we need a tax clearance certificate yes i'm sorry chair yes um this is tanya um would we
only request just a letter from the rco to be read into the record
it's a good question i was only going by mr falks because that seems that they only wanted
no we'll we'll have feedback from the community and but a tax clearance is necessary all right
all right okay anyone uh that completes our list uh so is there any unfinished business
there's anyone not been recognized that has been believes they should have been recognized
no sir there are no hands thank you um melissa i don't know if it's you but i think we broke
a record today so it's either your appearance or the lack of an appearance by our vice chair
and Ms. Tenere, one of the two.
I was going to say that too, Mr. Chair.
Good luck.
Mr. Chair,
I'm sorry about that,
but Ms. Elizabeth Graves has her hand
raised. Okay.
She can ask,
I'm sorry, Chair, she can ask questions
of us by contacting the RCO box.
Thank you very much. Okay.
Having said that, this completes.
Any unfinished business?
thank you and thank you again everyone folks behind the scenes for all your hard work
have a safe week talk to you next wednesday likewise bye-bye have a good week
thank you melissa thank you have a good evening good night all
Good night.