great. Here's some photographs showing the interior of the facility and then exterior
of the facility. It's a clean site. He's got some antique cars because he restores them
for some of his customers. Again, just showing there's a fence along Cemetery Avenue to
to keep down vandalism, et cetera.
And this neighboring property is part of the same parcel.
It's a large parcel and it goes down Greenway Avenue.
You see along Greenway Avenue, which is dead ends down there,
but that's his parcel as well going down Greenway Avenue.
And there's the back of his parcel again,
with a fence to try and keep down vandalism, et cetera, and some additional photos just showing
the surrounding area, and it's largely a row house of the typical residential community with
the commercial business. It's been there for a long time on the one corner.
Again, we had the support, unanimous support of the 40th Ward Republicans who are the coordinating
RCO. They did attach a few provisos that we have a fence along Greenway Avenue, which I just showed
that we have another fence like I just showed along Cemetery Avenue. Hours of operation 7 a.m.
to 6 30 p.m. Monday to Friday, Saturday 8 a.m. He meant 8 a.m. to 5 p.m. That we maintain the
outdoor safety lighting from dusk until dawn. We participate in the security camera program
with the city and its storage of the vehicles just be for customers and we're not acting as
some kind of a parking lot. So we agree to all of those provisos. Again, it's a special exception
out of variance and it's been here a long time and the actual use should be, this should be
granted as long as the actual use doesn't cause more adverse impact that is expected from the
use. There's never been any adverse concern from the community. Again, we had the unanimous support
of the RCO. We provide a necessary service in the community, and all of the provisors are
acceptable to the applicant. We don't overcrowd the land. We've been there forever. As you can
see, it's also a large open area. We don't create any excessive congestion. There's no new
There's no new construction, so we're not causing any impairment of light and air to surrounding properties.
construction so we're not causing any impairment of light and air
to survive.
It's no change in this longstanding use.
It just happened to have their permits lapsed a few years back.
It doesn't harm the neighbors.
They actually benefit.
They have a place where they can get their car serviced, get their state inspections.
It's in the area.
It's consistent with the ICMX use.
In actuality, the shop operates 8.30 a.m. to 4.30 p.m.
They have two employees.
We believe that we do meet the requirements to be granted the special exception.
What I'd like to do is call on Mr. James, Bill James, to speak, Mr. Chairman.
Yeah, sure.
Counsel, real quick question.
Should the board vote for this?
One of the issues we had with Hillary this morning we talked about was that maybe in the proviso, it should mention that the single family household living remains?
All right.
That is correct.
so let's call him Bill Jaynes
Mr. James
Chair I see no hands
he told me he was on this morning
I spoke to him he said he was on
so I don't know
he's got it under some other
name you know is there
another hand raised because sometimes it's not under their name
there are no hands
raised at the moment okay counsel you're an officer of the court yes that's fine questions
from the board no mr chairman no chair no chair questions or comments from our attorney hillary
emerson not at this time mr chair questions or comments from the virtual audience
chair i see no hands planning commission thank you chair bergman and good morning david fecto
f-e-c-t-e-a-u with the city planning commission do you swear or affirm to tell the truth the whole
truth and nothing but the truth yes sir i do please proceed thank you sir chairman and board
members the comprehensive plan recommends no change to the industrial and commercial mixed
use of zoning at this location. In 2014, the city changed the zoning of this property from
I-2 General Industrial to ICMX. This property has a documented history as vehicle repair and
maintenance. The appellant has shown that the proposed use will have no more detrimental
impacts to the neighborhood than might be expected. The City Planning Commission recommends that the
board grant the special exception for personal vehicle repair and maintenance, but with a
condition that the parking lot screening be provided along Cemetery Avenue and Greenway
Avenue that meets the standards of section 14803 of the zoning code. Thank you. MI 2022-006-003,
2055 Cemetery Avenue. I vote yes. With proviso, hours of operation Monday through Friday,
7 a to 6 30 p.m saturday 8 a to 5 p.m sunday closed and also that single family household
living use remain remains thomas holloman my vote is yes with proviso james now my vote is yes with
proviso jishmael shaheed my vote is yes with proviso thank you council thank you mr chairman
Thank you. Number two, MI 2023, 001-775-3213 Clifford Street. Vern Anastasio is the attorney.
There was a meeting on March 28th, 2024. We do not have an RCO letter in our hands at this point.
Mr. Anastasio is coming back in as a penalist.
Good morning.
Good morning, Mr. Counsel.
Could you please state your name and spell for the court stenographer?
Yes, sir.
Vern Anastasio, A-N-A-S-T-A-S-I-O.
I'm here representing Mr. Damaris Walker in this case.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Our vice chair has a few questions.
Good morning, Counsel.
Do you agree to waive the reading of the refusal or stipulate the integrity?
have you emailed in all the required documents and exhibits that is needed
and required to proceed with this case five days in advance of this hearing i have
thank you counsel please proceed and share your screen thank you
All right, Mr. Chair, I'm sharing my screen. I hope you can see it.
we can okay uh there's a very long documented history of this property being a three-family
We can.
Okay. There's a very long documented history of this.
dwelling i submit the zoning archives as part of my 103 page exhibit binder
that shows that this property has been a three-family dwelling for quite some time several
several decades. In my exhibits, I have the zoning refusal of photos of the property
and the floor plan. We do have a letter of RCO notification that was mailed and the proof of
mailing. Also, the poster and the proof of posting. Again, the substantial records showing a documented
long history of three-family use, the deed, the tax clearance, and some zoning maps and overheads.
My client just recently purchased the property, and when he did, he believed he was getting a three-family dwelling.
It has been a notable three-family dwelling in the neighborhood.
All the residents know that it's a three-family dwelling, and it presented itself as a three-family dwelling.
And, of course, on the block, there are other multifamily dwellings as well.
Here are some street views.
here's the breezeway where trash is stored and from which trash can be taken
so you can see there's the three mailboxes three doorbells three electric meters
and it's a relatively new rehab as far as the materials are concerned
So my client just naturally assumed that this was, in fact, a legal three-family dwelling upon purchase.
For him to now tear out two of the units and convert this somehow to a single-family home, it would lay the property to waste.
It just would be an impossible sort of situation.
So he would like to be able to adequately rent it out with a rental license in order to control who lives here and, you know, and their behavior.
He'll only be able to do that with a certificate of occupancy and a rental license.
And for those reasons, we are seeking the variance.
He understands that with the three family dwelling, he'll be subject to the International Building Code.
And, of course, is willing to do that prior to occupancy.
With that, I'm going to call Mr.
Counsel, are you looking for three apartments?
One second.
I'm sorry, the application is for a two-family dwelling.
That's what I'm saying, but it already has an existing three?
It has two.
Oh, okay. All right. All right. Okay. All right. Thank you.
Yeah. But the, and I misspoke on that, the history of the property.
Yeah. Yeah. Yeah. Correct. All right. Thank you, sir.
You're quite welcome. And with that, I have Mr. Walker, please raise his virtual hand.
Morning, Mr. Walker.
I see no hands at this time, Chair.
Perhaps he was unable to log on this morning.
All right.
So, Counsel, you're an officer of the court.
We'll take your testimony.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Chair Bergman, and good morning.
David Fecta with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning of this location.
This house was built before the original 1933 zoning code, so a duplex is a pre-code use.
The City Planning Commission recommends that the board grant the proposed use variance for two dwelling units.
Thank you.
MI 2023-001-775-3213, Clifford Street, I vote yes. Maximum two units.
Thomas Holloman, my vote is yes, with proviso.
James Snell, my vote is yes, with proviso.
Ishmael Shahid, my vote is yes, with proviso.
Thank you. Counsel, could you please stay on? Sure. So, number six, MI 2023-005-622-137 West Seymour Street. There's a letter of opposition from the FAFE CDC and a letter of opposition from Solo Germantown. Just for the record, Counsel, could you state your name?
Thank you. Counsel, could you please stay on?
So number six.
Yep, Vern Anastasio, and I represent Mr. Ibrahim Campbell in this one.
and our vice chair has a few questions thank you good morning counsel do you agree to weigh the
reading of the refusal or stipulate to its accuracy i do have you emailed in all the
required documents and exhibits that is needed and needed and required to proceed with this
case five days in advance of this hearing i have thank you please proceed thank you mr chair this
is the pre-existing three-family dwelling from 1960. It's a corner lot. And when the building
was built in 1960, it was built as a three-family dwelling. And by 1975, the three-family dwelling
fell into disrepair and it became a uh a vacant lot it's been vacant ever since 1975.
i'm having some i just had an error do you see anything on the screen now it's everything is
blank i mean there there's like one two and three but they're blank yeah i don't i don't know why
that's happened. Mr. Chair, I may need to reboot. Okay. I have one more. Why don't I do this? Let
me go to the next case and then I'll come back. I appreciate it. Thank you. Sorry for the
inconvenience. No. 8. MI 2024-000799-775 South Christopher Columbus Boulevard. Leonard Altieri
Alteri is the attorney.
There's a letter of non-opposition from Council Member Squilla, and there's a letter of support from the Queen Village neighbors with a proviso.
Mr. Alteri.
Mr. Alteri is coming back in as a panelist.
Good morning, sir. Could you please state your name and spell for the court stenographer?
Good morning, Mr. Chairman.
My name is Leonard Altieri, L-E-O-N-A-R-D.
Last name is Altieri, A-L-T-I-E-R-I.
You swear a firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to this property?
My client is Philadelphia Storage Solutions.
They are the owner of the property at 775 South Christopher Columbus Boulevard.
Okay, and our vice chair has just a few questions for you, sir.
Good morning, counsel.
do you agree to waive the reading of the refusal or stipulate towards accuracy i do i've emailed
them all the required documents and exhibits that is needed to proceed with this case five days in
advance of this hearing i have thank you council please proceed and share your screen thank you
very much you see the screen mr chairman we do we do all right perfect so again for the record
my name is leonard altieri i'm an attorney at the law firm of claire harrison representing the owner
of the property at 775 south christopher columbus boulevard we are here this morning uh for the
installation of a sign above the second floor windowsill. Again, the property is located at