what's the what's the are we at 38 feet maximum height for this area um let me take a quick look
at the elevation here i think we have a little space to spare on it though yeah we're about at
37 feet so we could go up about a foot or so so i i i'd have no problem with those those uh
recommendations of doing, making, not having one unit in what that space,
one space in the basement, not being a bedroom and being more living space.
not being a bedroom and being more living space.
You can definitely make those adjustments.
Right, without the door.
Of course.
So that is legitimately an open space and not a fake bedroom.
And raising it as much as possible out of below grade.
We'll push it to the 38-foot max so we can get it up as high as possible.
we could even remove one of the closet in one of those rooms so it can connect cannot be converted
to a bedroom mr johns if that would be helpful and mr chair i think that the resumption hearing
would be i think advisable this way we could come back with revised plan i think we i think we have
to see it on the plans yep that way we all understand it um don't worry do we want to go to
the general
public to just get that over with now?
Yes, we can see
if there's anybody here and if planning
would like to give their position now or
defer to the resumption.
Questions or comments from the virtual
audience?
Chair, I have
no, they put
their hand down. Thank you.
I see no more hands.
Mr. Bednar?
Yes. My name is Ronald, first name, R-O-N-A-L-D, last name, Bednar, B-E-D-N-A-R.
We're a firm to tell the truth, told truth, nothing but the truth.
Ron, do you want to take a position now or you want to see the plans?
I think we would like to see the plan also.
Thank you. All right. So we're going to have, we'll schedule this for a resumptive hearing.
Yes, I'm sorry.
If I may, we do have one hand if you will allow them to speak.
Can you hear me?
Could you please state your name and spell for the court sonographer?
My name is Delilah Colon, D-A-L-I-L-A, last name C-O-L-O-N.
Do you swear or form to tell the truth, the whole truth, nothing but the truth?
Are you a neighbor?
please proceed
a neighbor and also my daughter
also goes to the school
I went to the last hearing
for the neighborhood
they were supposed to
come up with
safety precautions
for whatever construction
when it comes into play
I wanted to ask
did they come back to the safety
precautions because they have they have not but we're going to have this for a resumptive hearing
and we can cover that we could cover that at the next year okay okay thank you but but thank you
for taking the time to call us we appreciate is there anyone else in the virtual audience
okay we're going to schedule this for a resumptive hearing okay thank you mr chair
Number seven, MI 2024-004-256-2423 North 10th Street, Alan Nockamson is the attorney.
Letter of support from APM.
Alan Nockamson has been promoted.
Mr. Nockmson, could you please state your name and spell for the court's sonographer?
Good afternoon, Mr. Chair and members of the board.
Alan Nockmson.
Could you spell your name just for the record, Mr. Nockmson?
Alan, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Do you identify your client, the relationship to the property?
Oh, yes.
My client is SDMS Properties, LLC, the owner of the property, and in the virtual audience
is its member, Daphne Jones.
Do you stipulate to the reading of the refusal, or do you agree with its accuracy?
Please proceed, sir, and share your screen.
Thank you.
All right. I'm here to present 2423 North 10th Street. So this is an RM1 property. We're just
short of the requirements to allow us to have this as a triplex. Currently, it's legally can
be used as a duplex. So we're here today in that respect. My client purchased a property
My client purchased the property in its current configuration as a triplex.
as in its current case.
So the hardship here would be to, you know, obviously convert it to a duplex would be a significant cost and structurally would be challenging to say the least.
We're not taking an RSA-5 property and making it into RM1 for multifamily use.
It's already RM1.
So during my presentation, we will review the notice of refusal. As the chairman stated, we do have a letter of support from the coordinating RCO APM. We'll also review aerial views of the neighborhood.
you'll see that 15 of the 19 lots, which are RM1 on this block, are vacant.
So in order to encourage the development of this property,
as well as the fact that we're near a commercial corridor on Germantown Avenue,
we're asking that the board allow this variance request.
Then we'll review maps of the area, which will confirm that we are an RM1 property,
photographs of the property inside and out and it it was done very well my client you know
purchased this property with the hopes to use it in in its current condition um and you'll see that
from the interior photographs um our plans and drawings which are just pretty basic um there is
no basement uh use other than it's an owner storage so there's no living in the basement
So unlike the presentation before, there's no concern about height, about living and stuff like that, or any type of safety concerns.
We then will review the RCO meeting notice.
We had a pretty decent turnout for APM, and the members of the community supported this project.
The deed to the property showing that my client SDMS properties, LLC is the owner of the property, and then the certificate of tax clearance.
At the conclusion of my presentation, I would ask that Ms. Jones virtually raise her hand and be sworn in, and I'll have a few questions for her.
So notice of refusal, again, we are an RM1 property, so multifamily is allowed by right.
We are in an overlay where, again, it's a little bit more restrictive in the sense of instead of 360 square feet of lot size per unit up to 1,440 units,
it's 425 square feet of lot size per unit. So we're slightly short either way. But again,
this property is rather large in size relatively and is one that is spaced out well.
So here's our letter of support from APM. Like I said, they were generally supportive of this
project. Again, we're not taking an RSA5 property to make it multifamily. More importantly, the
property was, you know, configured this way when my client purchased it. So again, the hardship
would be to structurally change it to make it into a duplex. And then the aerial view of this
property, as you can see where we are in the neighborhood, we're between Cumberland and
Boston Street. And then this is the commercial corridor, which is Germantown Avenue. So
what we're trying to do is just help support that commercial corridor by increasing density slightly
for this property but also hopefully maybe to incur some more development right here it's it's
really like a dead zone in the neighborhood 15 and 19 lots on that block are vacant and then maps of
the area as you can see here um and here's germantown avenue again is the fact that this
is an orange or or pink or red whatever you want to say and purple part of the neighborhood so
this is not a single family portion of the neighborhood. We're just trying to increase
the density by one from two units to three units. We're slightly short of the
loss size requirements. And then photographs of the property, very
nice property. You can see there are three mailboxes on here.
To the outside world, this looks like a triplex. We're just trying to legalize that
and get rental licenses for three units. And then these
are our hearing notice posters that we posted on the property 21 days
before today's hearing date and this is north 10th street to the right of the property
to the left of the property and then interior photos very nice like you know done well rehabbed
property they're all two bedroom one baths by the way they're each on its own floor there's no
roof deck but you can see here the basement is so if you walk in there's a vestibule area
Um, you can go down the basement. Everyone has access to it, but no one does. This is the owner's like just storage area. Um, or you can go into the actual units. You can go into the first floor unit. And again, there's a living room and a kitchen, a bed, two bedrooms and a bath. And I will say this, our firm created, creates these floor plans. So I have to say, I'm sorry that we would put furniture if we were more well-versed in that.
you can go down the basement everyone has access to it but no one does this is still
I try to, you know, keep it as straightforward as possible, but these units are approximately
700 square feet each.
And, you know, again, you have two bedrooms and you have a nice little kitchen area and
living area in the bathroom.
And the photos kind of show that as well.
Instead of going to the first floor, you go up a flight of steps.
You have floor number two, which is also two bedrooms, a kitchen, a separate living area
and a bathroom.
And if you don't want to go on the second floor, you go on the third floor, which is,
Again, a bed, two bedrooms, a kitchen, a living room, and a bath.
We had an RCO meeting on August 22nd at 6 p.m.
We emailed that notice a few weeks before that meeting.
96 addresses were notified of the community meeting.
These are lists of the addresses.
Proof of mailing to those addresses are applications for appeal that we filed on behalf of the property owner.
The notice of refusal associated with that application for appeal, along with the project information form.
The deeds of the property showing that my client SDMS Properties LLC is the owner of the property.
And then finally, the Certificate of Tax Clearance.
I'm going to stop sharing my screen for a second so I can ask my client to virtually raise her hand and then be sworn in.
before she comes on i i saw a comment in the uh from the rco about trash what what are you
going to do with that so again typically when you're starting from scratch it's easier to do
like right i understand so we defer to the board so the first floor unit has trash um access for
you know for the rear uh the second and third floor units do not if the board feels so inclined
to to grant it with a proviso of some sort either to like you know well the proviso would be stored
trash stored indoors so if that is what the board wants that's what we'll do okay okay bring your
client please yeah and while she's you know virtually raising her hand again typically
we're ones who recommend to our clients to put you know ventilated trash closets and such but
this has already been built out and so. Mr. Nackamson, would that be, did you say Daphne
Jones? That is correct. She's allowed to speak. Why could you please state your name and spell
for the court stenographer? Daphne Jones, can you please unmute yourself?
can you hear me can you hear me yes hi hi hi sorry about that yes could you state your name
please and spell for the court sonographer yes my name is daphne capital d a p h n e
last name jones j o n e s you swear affirm to tell the truth the whole truth and nothing but
the truth yes please proceed counsel yes um miss jones you heard everything i had to state today
about your zoning matter yes is it true and correct yes and do you adopt as your own testimony
yes thank you questions from the board
questions or comments from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
there are no hands chair planning commission uh this is ron bednar city planning properties
indicated for residential use on the city plan or adopted district plan recommends no change to
existing zoning at this location the applicant is not in conformance with the dimensional
requirements of the code therefore we recommend aggressive variance not be granted mi2024
004256 2423 north 10th street i vote yes michael johnson my vote is yes
Cheryl Gaston, my vote is yes
Senator Graham, my vote is yes
Ioann, my vote is yes
Thank you, thank you, counsel
Thank you
Number 8, MI 2024-004-290-21 Wall Street
Ronald Patterson is the attorney
There's a letter of support from Whitman Council and a letter of non-oppositions from Councilmember Squiller.
There's a letter of support from Whitten Council
and a letter of non-oppositions from Council
Ronald Patterson has been promoted to panelists.
Patterson?
Patterson?
Good afternoon, Mr. Chairman.
Could you state your name, please, to spell for the court sonographer?
Ronald, R-O-N-A-L-D, Patterson, B-A-T-T-E-R-S-O-N.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client and relationship to the property?