Thank you for that.
Any other requests for continuances for 2 p.m.?
There are no more hands.
Thank you, Doreen.
All right.
Let's go on with our case list.
Okay. Number 2, MI2025-005235, 700 South 2nd Street. Erica Cronin is the listed advocate.
Erica Cronin. Okay. Very good.
All right. Just state your name and spell it for the record. Erica Cronin, E-R-I-K-A, Cronin, C-R-O-N-I-N.
Okay. And do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Okay. All other parties related to the case, Jim Kelly, right?
Jim Kelly, K-E-L-L-Y.
Okay. State your name and spell it for the record, please.
Jim Kelly, K-E-L-L-Y, on behalf of the city.
Okay. And I think Rachel Prisker should be on.
Yeah. Good afternoon.
am okay yep could you state your name and spell it for the record sure rachel pritzker p-r-i-t-z-k-e-r
okay and do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes okay all right so this case is an appeal against lni um we'll go with the order as follows
uh rachel and then erica and then uh counsel kelly is that okay with everybody yeah and
we're having you go first because you filed the motion so today's discussion is only on the motion
to dismiss um that's been filed by um the property owner uh permit holder
that's been filed by the property owner permit holder.
Thank you. Can you see my screen?
Yes, we can.
Excuse me. This is the court reporter. Was attorney Kelly sworn in?
Yes. We'll do it again.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Okay. Yes.
Thank you.
Okay. Thank you.
Yes. So as mentioned, Chairwoman and members of the board, this is not an appeal against L&I.
This is just for the limited scope, given that this appeal is moot under the law.
So essentially, this is Brown Street. Sorry, that's from later.
So and I represent the owner of the property of 700 South 2nd Street.
So the property was originally issued a zoning permit back in July, and then it was amended back in October.
Mrs. Cronin's appeal or Ms. Cronin's appeal relates to the scope of work and was filed based on the July 2025 permit, not the amended 1014 permit.
no appeal was filed related to the scope of work and the active zoning permit, which is issued on
10-14-2025. So the back and forth that's gone on with this is that the project, there were
significant revisions. It's a historic project. It's a directly affected rear neighbor directly
behind the property that we worked with with her attorney to resolve some of her concerns
for the project and had to, they were so significant that we had to amend the zoning
permit. And so the permit we're talking about and the scope of work relative to that permit
is from October 14, 2025. There was no appeal filed related to this 10-14-2025 permit. And so
as a result of that, under 14-303-15, any appeal that challenges a specific and final order
or decision or determination made by L&I has to be filed within 30 days of that decision.
So that would be this October 14, 2025. That is the final and last determination
from L&I, not a July permit that is no longer active because it was amended.
Ms. Cronin, again, filed an appeal related to a July permit, again, that was amended,
and there was no appeal filed for October. So the Zoning Board of Adjustment and L&I has to
follow the scope of work and the amended permit in October, not a prior permit. The ZBA couldn't
even grant relief for a permit in July because it's not active anymore. So for those reasons,
the appeal that was filed by Ms. Cronin for a July permit is unfortunately moot. We did post
the new zoning posters on the property um have them um uh in the file which i'll go through in
a second uh and so there was ample time to file within 30 days it wasn't filed and in the in the
emails back and forth um so these are revised plans making those amendments and again they
were significant so we had to amend the permit with the new issue date and then we posted that
permit back in July 14th that was the original permit that was posted then for
the October which is what she originally appealed then for October we posted the
property I believe in January January 22nd 2026 and no appeal was filed within
30 days of January 22nd, 2026. She also mentions in her emails to everyone, including
word counsel, that she doesn't have any issues with the amended permit. She has issues with
the prior permit. Well, the prior permit is no longer active. So there would be no reason to
have a hearing against LNI for a permit that's not active anymore, that has a revised amended permit
dated 10-15-2025, and for which she didn't file an appeal. So the case is moot legally and in all
other ways. And so that sort of was the purpose for us being here. And like I said, even if the
board wanted to, they couldn't provide relief on a permit that's not active anymore. And Ellen and
I won't be following a permit that's not active anymore. They'll be following the 10, the October
25th one and it that will be the scope of work in which a building permit will get issued not a
July scope of work so that's why we're here and we ask that you know we are sympathetic to miss
Cronin's issues I've had conversation with her to try to you know work through any construction
concerns she has or other issues she may have about this project but um short of that uh we
And short of that, we have to follow the law here, which is that we have no longer an active appeal for what she filed for.
have to follow the law here which is that we have
Okay. All right. Thank you, Council. Ms. Cronin, you can talk, but make sure it's just about the appeal only.
Let's focus on that.
And pull your mic just a little bit closer, and Mr. Kelly as well, just pull your mic closer.
Yeah, thank you.
i'm here to oppose the developer's motion to dismiss our appeal for the july 2025 zoning
permit the motion is based on the idea that later amended permit automatically makes our appeal
disappear this is not correct i am here today because i feel like this project needs a closer
look and like most variances for not conforming to the code and i can keep on going well just
about the appeal not about the actual project so just about the appeal focus on that that's what
you have to say about that that's your argument for that yes okay all right um can i just briefly
respond this is not a variance um this was a by right project that went through historical
commission there's no we're not we are not um asking for any variances or any relief from the
zoning board of adjustment or any other administrative body so that we're clear so we
are we are not this is an appeal against lni um not from the zoning board of adjustment so i just
want to make that clear that we are not asking for any variances here this is a buy right project
okay thank you council mr kelly sure so uh thank you the city agrees with um miss pritzker's
position here that this appeal should be deemed as moot um ultimately of course we defer to the board
um but because the applicant uh obtained an amended zoning permit that substantively changed
the plans because that zoning permit was posted um the city believes that a new final order has
been issued um under section 14 303 of the code um i believe that this appeal should should be uh
dismissed as moot um the zoning permit that the petitioner appealed no longer exists for
lni's purposes um as there's been substantive changes to it um so it's effectively no longer
a final order uh so for those reasons we agree that the appeals okay wait a minute i didn't hear
your last statement for those reasons you agree the appeal should be moved okay all right thank
you um any questions from the board no uh questions from our attorney not at this time madam chair
okay and i guess planning doesn't yeah okay um sorry
MI-2025-005235, 700 South 2nd Street.
um a motion to dismiss is granted uh this appeal this appeal is dismissed as moot
michael john yeah sorry just to clarify the motion is to dismiss as granted
um on the base and the appeal is dismissed as moot okay on the basis okay the motion to dismiss
is granted on the basis that the the appeal to dismiss is mute i'm sorry
michael johns do i need to say that
do i need to say that you can just you can just say appeal dismissed michael johns appeal dismissed
cheryl gaston appeal dismissed ryan mcadams appeal dismissed tywin appeal dismissed
thank you okay all right thank you
okay move on to number six mi-2025-007188441 brown street rachel pisker is the attorney
for the owner. Okay, you're still here. All right. So, Ms. Pritzker, if you've been
sorted, you would like to identify your client and the relationship to the property.
Sure. Again, Rachel Pritzker, P-R-I-T-Z-K-E-R, attorney for the owner. I'm here on behalf of
Andres Roland, on behalf of MCG441 Brown LLC, which is the owner of the property.
okay so um we have some letters of support from northern liberties neighbor association
and a letter of non-opposition from council member young our board secretary miss gadsen
has some questions for you okay good afternoon council have you submitted your exhibits and
documents five days in advance of this hearing yes and do you wait
five days in advance of this hearing?
And do you waive the reading of the refusal and stipulate to its accuracy?
And you can share your screen and begin your presentation.
Thank you.
So, as the board may remember, because I think some of you were on the board when we originally
went through, this is the second time this is coming to the board with the same scope
work just a few years later um so it's just not that uh complicated of a project this is for a
demo of an existing uh garage um and the erection of a three-story attached uh single-family home
not to exceed height 38 feet uh with a roof deck and pilot house balconies at second and third
floor and an interior off-street parking space access from the primary front street the only
refusal that we have here is just for an RSA5, RM1, and CMX2. Accessory parking for any single
family home, two-family home, or multi-family cannot be from a front-facing street. It has to
be either from a rear alleyway or rear street directly abutting the lot, whereas the parking
we're proposing is accessory parking access from a front street tax clearance the deed of the
property this is an aerial view for the zoning maps of this property again it's zoned rsa5
and it fronts on brown street and then north of the street at the corner
aerial view. So as you can see, this property already has had front-loaded parking with a
curb cut and a garage for many years. So we're just repurposing the same curb cut
and same front-facing look of this project. It's been an existing garage and warehouse for many
years, which is why the community was supportive of this. It's in character with the block and
also of this parcel as well we're just turning the property into a single family home as opposed to
the warehouse use that it's been on a completely residential block these are the zoning posters
that we posted on the property and as you can see a little further back it's completely surrounded
by single family homes all the way down brown street as well this is a view facing towards
north 5th street this is a view further down brown street this is an interior view of what this
garage looks like from the back of it
as mentioned this project was approved by the zoning board for exactly the same thing back in
2021 inability to get financing and other reasons was why the zoning permit expired
as you know zoning permits are good for three years with the one-year extension
we're outside of that so we have to go back through the process
this is the old single family home to include parking garage for one parking space same thing
as we're doing here. This is the code provision in which we're asking for relief.
As mentioned, we met with Northern Liberties Neighbors Association.
They had seen and approved the project before. Here are the letters that the certification that
we sent to the neighbors. And this is Northern Liberties Neighbors Association supporting the
project for the second time we also as mentioned have a letter of non-opposition from councilman
young's office if we can just briefly bring on jason trotner to just go through the architectural
plans um if he's on the line that would be appreciated
yeah trotner is being promoted now thank you
hello hi good afternoon can you state your name and spell it for the record
yes it's jason trutner it's j-a-s-o-n-t-r-u-t-n-e-r okay and mr truckner do you swear to
affirm to tell the truth the whole truth and nothing but the truth i do okay go ahead counsel
Jason, do you want to just go through the plans I have on my screen?
Yes, sure.
So as it was discussed, this property has an existing garage on it, and we can see that the
proposed plans here feature, again, a fully front-loaded parking garage for a three-story
feature, again, a fully front-loaded parking garage for a three-story single-family dwelling.
single-family dwelling.
You can see in the perspective in the sort of upper left corner of the screen,
just an image of what the proposed project is going to look like with the garage and the balcony
mentioned and the front entrance. The project went through a review with the streets department to
confirm any turning radiuses, and we did a study with the community prior to a presentation
to them to make sure that the proposed location,
the proposed project would have no impact
on their existing street parking.
You can see here all of the various attorney analysis
to make sure that this would still function as intended
for a single family residence.
Do you have renderings on your end, Jason?
Yes, I can share my screen if you'd like.
Just if I can quickly too, because I assume the board might ask.
I just want to also show, it was hard from what I pulled up.
If you go down the block just slightly, originally what we had proposed was two garages.
They did not want that given the amount of space that takes up and wanting us to keep within character.
But most of this block on both sides has parking.
So just when I said in character, I didn't have good photos before to show those elements of it.
All right. Counsel, you can bring your client on to adopt your testimony.
Okay. Is Andres' role on in the audience?
Yes. They will be promoted.
thank you you're welcome
good afternoon
andreis roller can you please unmute yourself okay sorry and put your time on please hi okay i can
hear him uh hi mr roland can you uh please state your name and spell it for the record
andres roland a-n-d-r-e-s-r-o-l-o-n okay and do you swear or affirm to tell the truth the whole
truth and nothing but the truth i do okay thank you go ahead counsel um chairman do you want him
to turn his camera on uh yep mr roland can you turn your camera on i try let me see if i can do it
okay i gotta find that help
okay sorry thanks andres have you heard my testimony today do you believe it to be true