know what's been submitted for these plans been submitted for floor plan floor plans been submitted
for building permit, you know, and the daycare requested due daycare came after the construction
started, and now you need to revise the plans to comply with daycare requirements. Maybe that's
the issue, but these plans on the first floor don't comply with daycare, and the second floor
plan shows what three bedrooms or four three bedrooms and a kitchen they don't make sense
just in terms of an apartment so perhaps we can bring the daycare owner in she is on the
no i don't i don't i don't i don't know i don't need that just i just we need to see plans that
make sense right i'm support i support the the project i honestly do i'm glad it's a daycare
glad you know something positive is going on this block instead of another stop and go right
but plans that are presented need to make sense that's all that's all that's all i'm concerned
you're showing us a four three bedroom apartment with a kitchen that's enclosed right it doesn't
make sense right a daycare that you're showing that shows just a commercial space a storage space
in the office, in the bathroom, in the office, and you call them in at a daycare.
It doesn't matter.
Yeah, there's no classroom space.
Excuse me, could I clarify the statement about the kitchen?
The food is going to be coming processed already.
It's going to be in the basement, in the freezer,
and it's not going to have no kitchen in the first floor.
but it's going to have the bathroom in the first floor also for the kids okay the plan let me i'll
just say this one more time the plan doesn't make sense right if even if you're going to have if
you're even if you're saying that the kitchen is going to be in the in the basement right that's
fine too but now it's glad you zoomed in so now you got kids going through a storage room through
an office to go to a bathroom doesn't make sense right doesn't make sense i support a daycare but
the plans don't make sense you need to have so why don't why don't why don't we do this correctly
why don't we look at this council i think you've heard a lot of comments all right i think
excuse me no i'm talking i'm talking council you've heard a lot of comments i think we have
to have a resumptive hearing and come back with plans that that are good for a daycare or that
or more of a workable product.
Is that okay?
That's fine.
So what we'll do is you get with your client.
I think you've heard enough.
And then you go back and, you know,
make sure that it's feasible,
what you're trying to do.
And I think you probably have to look at the apartment
on the second floor too
about what you're trying to do there, okay?
All right.
So we're going to have a resumptive hearing
to come back with plans that make sense, okay?
Will do.
Thank you.
All right.
um number four and council sorry we had you here so long that i no mr chair i just i just wanted
to verify that in addition to having the resumptive hearing for for um different plans
clearer plans um that we will also take public testimony and oh yeah sure sure no that's what
i said at that time that's right yeah we'll have all the pieces for the hearing thank you yeah
yeah yeah we're good and can we number four can we make sure that the sign is if the sign is on
this then there needs to be something for what we're doing about this sign you said you're going
to put the painted sign on the building it's still a sign so is that part of the application or
the sign would have to be a separate application because this is a change of use only
So any sort of construction like the ramp or the sign or any of that,
that's all got to be separate zoning applications if zoning is needed.
Okay. All right. Thank you.
So number four, MI 2024-004-331-1900 Huffnagle Street.
Jermaine Harris is the attorney.
Here's unanimous support from Raw and Herst Civic Association
and a letter of non-opposition from Council Member O'Neill.
They'll be rejoining as a panel shortly.
Thank you.
Good afternoon, Mr. Harris.
Good evening.
Good evening.
It's still our afternoon.
We didn't get to the evening yet.
We're still here.
Would you please state your name and spell it for the court stenographer?
Jermaine Harris, J-E-R-M-A-I-N-E-H-A-R-R-I-S.
tell the truth oh okay yeah i do nothing but the truth okay and could you identify your client and
relationship to this process property sure my client is uh jose torres and uh he is the owner
of the property okay and our vice chair has just a few questions sure good evening counsel uh do
you agree to wait to read another refusal or stipulate to its accuracy? I do. Have you emailed
in all the required documents and exhibits that's needed to proceed with this case five days in
advance of this hearing? I have. Thank you. Please proceed and share your screen. Sure. Yeah, I was
saying, Mr. Chair, that it all balances out because the last time I was here last week,
I was the first case that was called. Well, we try to plead. We try to plead.
okay let me share my screen okay can my my screen be seen okay all right okay so
this is concerning a legalization hold on let's see
excuse me for one second
Okay, so this is concerning the legalization of additions that were done to the first floor.
And specifically, what we're talking about is, and these are plans of the actual building and what the building is.
uh we have here
what was a porch uh a front porch right here and then it was converted to this it was encased
basically so it went from this right here
to an encasement right there that's the first thing and then the second thing is is that
what i'm pointing at right now uh a roof was extended
a roof was extended five feet
to this right here
let me go through my exhibit packet
Excuse me.
Sorry, let me get my, I'm just trying to get my packet here.
if I sent on Friday.
So this is my exhibit packet.
Again, these are black and white pictures.
but this is what as it currently stands right now this is the side that was
increased it was increasing height by five feet this is a another angle of the
Another angle of the side being increased from what it was.
side being increased from what it was
Another picture of that, of the front.
Another angle of it being increased.
Now, my client, he, as I stated at the beginning, this is to legalize it.
So this is something that he did without permits.
uh this is he's he was unfamiliar English is not his first language he thought that he could just
do he thought that he could do these improvements or these additions uh without permits and he
didn't realize that there was a problem with it until LNI contacted him and gave him a violation
uh for this this is a posting of the uh zoning notice for today's uh hearing
these are the plans and again um pretty much this is the black and white of what i
of what i first presented of this but basically
this is the same thing
where the side
was increased by five feet
to where it is
right now
and same thing
front porch
is now
encased
by that
The front porch is now part of the living room, right?
Correct.
And can I ask that where he went up?
What is that in there?
So that is.
So he went up, he went up, he went up.
Is there a second floor he built up there?
Tell me what that is.
No, there's not a second floor to that.
But what I'd like to do is because I'd like to have the – and he should be on – he should still be on the call.
I'd like to have him answer exactly what the use of – what he uses that for.
Could we possibly have Mr. Rodriguez promote it?
But we don't need an interpreter?
I don't think – well, I don't –
You said that part of his problem with the building was he didn't speak English out.
Right.
But I have the architect here who speaks, who, uh, who, uh, who speaks that.
Right.
Hi, good afternoon.
Sir, could you state your name, please, and spell?
Yeah, I can.
Could you state your name and spell for the court stenographer?
Yes, my name is Damaso, spelled D-A-M-A.
Last name Rodriguez, R-O-D-R-I-G-U-E-C
Where are firm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel
Okay, Mr.
Had you been working with Mr. Torres on this particular project?
Okay, so what is, there was a
you heard that there were uh questions as to the side and what this is being used uh what the side
was being used for with the addition of five feet what is that particular use what is that a kitchen
what exactly is that that is in addition to the kitchen okay you just add that five feet
Okay, so it was the kitchen. It was a kitchen to begin with. It was just added. The ceiling was raised by five feet.
That's correct.
Okay. Was there any other questions that anybody had about that particular structure before I continue with my presentation?
Do we have pictures of what's inside this?
no we don't have pictures of the uh inside we don't have pictures of the inside
of it unfortunately but that is what it's being used for
but man i i guess jermaine the question is is it just they have a high ceiling in the kitchen now
or yes yeah in fact mr mr rodriguez could you answer that question please
yes um and then as you see on the pictures he had like a small
And then as you see on the pictures, he had like a small addition.
So what he did, it was right in.
So he wanted to replace it, basically he didn't have no knowledge.
He wanted to stay in the kitchen a little bit more.
So he lifted high to be the same height of the first floor.
That way it could be everything level.
Okay. All right. So, as I continue further with the presentation.
Well, we, you know, we, we have the tax clearance. We have,
we have we have we have all that yeah we have all that the tax clearance the deed um we also uh as
uh mr chair you noted uh we did do a presentation with the we did do a presentation with the um
rco that right they had war on hearts had no concerns about this they didn't feel that it was
uh bothersome to the community they didn't feel that it was affecting anyone's light or air rights
um they didn't think it was any parking or congestion issues with it um so
they supported the project and we do have uh we do have no opposition from
the council person in this particular uh district as well so this is something that
But he realizes that he shouldn't have did. We know that, you know, we know it's not ideal, but we would ask that in light of the fact that there is no opposition to this, that the use that that that this variance be granted.
And then we would ask for any other questions that you may have of myself or the architect of this.
Questions from the board.
So was it confirmed that the enclosure made it part of the living room or was the enclosure of the porch making a whole different, a separate room?
No, the enclosure, the enclosure of the porch is basically now the living room.
It's an extension of the living room.
Okay. Thank you.
That's exactly what it is.
Questions from the board.
And I have one more question. Was this happening? Is this a common occurrence on the block? Is that what made him think that he could just do that? I'm just curious as to what made him not seek permits to get this work done.
well it's not it's my understanding that this is something that was not uh this is not something
that is common on the block to answer your question he felt that it would be he felt well
he felt that the the side portion of it that it was starting to rot and he just wanted to improve
it or to give it the extra airspace of it for that and with the porch he just wanted more space he
didn't want it to be open anymore that's what the architect and the client has conveyed to
he didn't want the porch anymore he just wanted the he just wanted to have additional space