2026-10-19 - Board of Zoning Appeals

00:48Okay, Mr. Chairman. All orders being voted 26. We need to get a roll call directly? Board Member Sherman? Board Member Watson? Here. Board Member Mitchell? Board Member Carr? Here. Board Member Johnson? Board Member Bowman? Board Member Parker? Present. Board Member Osborne?

01:26Chairperson Roberts? Mr. Chairman, you do not have a quorum. You have a quorum. You have a quorum. Yes, it's my quorum. I said Board Member, it's Mr. Marshall.

01:42Yes, during the regular meeting of April 13th BCA case 2026 0002 located at 10901 East Warren, the petitioner was Al Guizar Auto Services, LLC. You, you the board instructed took this case under advisement for the petitioner to receive this case under advisement during the meeting of April 13th BCA case 2026 0002 located at 10901 East Warren, the petitioner was Al Guizar Auto Services, LLC.

02:46You, you the board instructed took this case under advisement for the petitioner to resubmit site plans to BC. BC does not going to accept those site plans. That was not a proper, it was not proper to take that case under advisement.

03:16So we are bringing it back. Board members, for this case, we're going to send you the recording from April 13th for you to review the case. It cannot be taken under advisement. You need to review the case and then make a decision on whether to reverse BC's decision or move forward. Thank you, Mr. Chairman.

05:26Can I get a motion to accept the minutes dated October 12, 2026. We're not going home until you don't do this. I make a motion to make a second please. Second. All right, moved and properly seconded. All those in favor. Aye. Aye.

05:48Any opposed? Motion carries. Any communications? No communications. Miscellaneous business? Yes, a reminder that on November the 9th, we will have our board training.

06:05And with that, last week I attended the City Council retreat, where I was able to have a conversation with council members regarding BZA and things going on with the BZA.

06:23So they were given an update on cases that they had an interest in and also attendance. Thank you, Mr. Chairman.

06:37Okay, thank you. Yes, that's it. So we'll recess until 915 when the first cases do end.

06:49We'll go back and see if it's in the night, but if it's in the night, we'll have a conversation.

08:03Wow, school of members from the morning. I saw you on TV. Okay, hold it while I read it.

08:22Okay, Mr. Chairman. Director Riberon, can you please call our first case?

14:17BZA Case 2026-00056, City Council District Number 3. The BZA petitioner is Georgina A. Malki.

14:37The owner is Isa. The location is 5921 East McNichols between Mile and Gable in the M4 Zone Intensive Industrial District.

14:53Georgina A. Malki requests dimensional variances to establish a medium heavy duty vehicle

15:01for equipment repair establishment with the sale of new tires and an existing 2,855 square foot

15:11building approved with conditions in Builders Safety, Engineering, and Environmental Department

15:18Case SLU 2024-00158. The decision date was August 21st, 2026. The effective date September 4th,

15:322026. The subject site is within an M4 Zone Intensive Industrial District. We will now

15:41hear from Inspector Pirafoy. Thank you, Director. Good morning Board members.

15:46Morning. We are here in this case today because the board shall be authorized to hear dimensional

15:50variance requests for matters that are beyond the scope of the Billing Department's 10%

15:54administrative adjustments for variance of the minimum setbacks. The variance needed for this

15:58case is deficient right-of-way screening. Here in this case under Section 54-131-6,

16:03permitted dimensional variances and 54-121, the approval criteria. Here in this case under legal

16:09description attached, our attorney will assess ownership. The Billing Department's approval,

16:13effective September 4th, 2026 states, requests to establish a medium heavy duty vehicle

16:19or equipment repair establishment with the sale of new tires in an existing 2,855 square foot

16:25building. The current legal land use of the subject property is bump and paint garage,

16:29which is light duty vehicle repair establishment under Building Permit 76716, issued in June of

16:351952. BC held a public hearing on July 22nd, 2026. In addition to City of Detroit personnel,

16:42the participants of the hearing included the owner, also Pat Bosch from the Norton Community

16:47Development Corporation, spoke in support of the requested use at the hearing. Preliminary

16:52site plans were approved on July 1st, 2026. There was a letter from planning and development

16:58dated July 30th, 2026, recommending approval of the requested use. Based on the site plans and

17:03other information presented to BC, compliance with the following aspects of the requested

17:08use were addressed. Parking under Section 5014-73, no additional off-street parking beyond that

17:15already provided shall be required for structures erected prior to April 9th, 1998. And that they

17:21do not exceed 3,000 square feet of gross floor area. The applicant provided two off-street

17:26parking spaces on the site plan, thus the off-street parking provided meets the requirement.

17:31Right-of-way screening under Section 5014-367C and 5014-369, a type 3 buffer with a 6 foot wall,

17:406 foot tall screening wall, 7 feet wide landscape buffer, trees planted every 15 linear feet,

17:47and shrubs planted every 5 linear feet is required along the public right-of-way

17:52and all property lines. The applicant does not provide required screening and landscaping on

17:56the site plan. Therefore, unless the applicant is able to revise the site plan prior to submitting

18:00for a building permit to include the requisite screening and landscape buffers,

18:04the variance would be required from the BCA. Upon careful consideration of the application

18:09and all materials, letters, public comments, and other information presented, BC made all

18:14of the findings under Section 53.281 and the case was granted with approval with conditions

18:20that they received the variance from the BCA for right-of-way screening.

18:24Subject property is located on East McNichols in the corner of Mound Street,

18:31the front view of the subject property in question, again located on East McNichols.

18:46The view looking down East McNichols looking to the east, now the front view of the subject

18:56property in question, you're looking now East McNichols looking to the west, you're looking down

19:08the south side of the property looking down Mound Street, I'm sorry that was the west side,

19:15this is the view of the subject property from Mound Street, the long view looking down Mound

19:21Street looking to the north rear of the subject property, you're looking down the side of the

19:34property looking back up towards Six Mile, I'm on Mound Street, this is Block opposite on the

19:39Mound and Six Mile, again looking back up towards Mound, look up to a Six Mile from Mound Street,

19:48subject sites to the left, the view of the north side of the property, front edge of the subject

19:57property, front edge of the building, Block opposite, and another front view of the subject

20:15property in question. Again, the case was approved by BC, they are before the board for

20:19a deficient right-of-way screening variance, and that completes the visuals Mr. Chairman.

20:25Thank you. Appreciate it. Is the petitioner here? Is the representative Georgina Malke

20:37online, if so, can you raise your hand? Representative for 5921 West McNichols,

20:50are you in the auditorium? Come on down sir, for the podium please. Morning, I apologize,

21:10I was on the wrong elevator. Okay, let's see, I take it you're not Georgina? He's a consultant

21:26for the case. Oh, okay. The owner is here, he just arrived. Okay, so other than you two,

21:35anybody else going to speak on the case today? No, at this point just you two. Okay, if we could

21:44give both your names and addresses and Inspector Pure Four, we'll swear you in. Nathan Harvey,

21:5013718 Woodward Avenue, Island Park, 48203. Georgina Malke, 22274, Dale Allen Street,

22:06Clinton Township, Michigan, 48035. Can you both raise your right hands for me? You'll find me

22:12testimony for the board today is the truth? Yes. Thank you. Excellent speaking, and we had trouble

22:20hearing your last name, so if you could. Harvey. Harvey, thank you very much. Oh, Nathan, got you.

22:30I see you here now, sorry about that. Okay, Mr. Harvey, the first thing that we have to do are

22:38actually probably Ms. Malke. The first thing that we have to do is to make sure that

22:47you have the capacity or the right to speak for the property, and we do that with something

22:54that we call standing and attorney Savage is going to establish standing with you.

23:00Okay, good morning. Erica Savage on behalf of the City of Detroit Law Department. These questions

23:06are designed to assess your standing pursuant to Section 50-3-3 of the City of Detroit Zoning

23:13Ordinance. Any party who petitions the Board of Zoning and Pills must possess sufficient standing,

23:18which means you either are the property owner or you're authorized by the property owner to appear

23:25today on their behalf. Based on the search of the public records for the property at 5921 West

23:30McNichols, we obtained a warranty deed recorded on July 26, 2013 at LIBOR 50953 page 1164,

23:40and it has the property owner as Issa Neshwat. Okay, and so come all the way up to the mic and

23:51put your head all the way into the mic so we can hear you. Please describe your relationship with

23:58Issa. Issa is my brother. Okay, now what is your relationship legally with him to perform

24:05what you do on the property? I'm the owner and I'm registered with the registered deed. It's

24:09registered in my name. I have I have the deed. Oh, so you guys have switched ownership? No,

24:15it's been switched over. Oh, okay. I'm sorry, you said West McNichols, it's East McNichols.

24:21Okay. Oh, well, that's just, I'll fix that on here. Okay, so help me understand because that's

24:28the name that's on the deed. So how does that go? Do you have a deed with your name on it? Yeah.

24:32Okay, you have that with you today? Yeah. Perfect. Just give that to me and I'll look at that while

24:37you finish the hearing. Yep, you can go get it right now and I'll review it and you all can

24:42proceed while I review it. Mr. Harvey, can you proceed with an explanation of what you want,

25:23what you want to do? Or do you need Ms. Malki for that? The, I guess the first thing I need

25:38to say is that the screening requirement that she's asked to comply with was enacted subsequent

25:52to her filing, her start of filing appeals for this property. So I'm not sure that it really

26:03can apply in this case. The other thing is there's just a practical difficulty. This site is so

26:10small that there's just a practical difficulty of meeting the screening and buffering requirement.

26:24The building sits on the property lines, sits on two property lines and there's just not a

26:36not a lot of space left for a seven foot buffer and landscaping on every other property line.

26:46So those are those are the two reasons we want to get granted an exception to the zoning ordinance

26:58today. Okay. How long has business been closed? Ms. Malki can tell you that exactly.

27:09How long has the business been closed? It hasn't been closed.

27:14It's never been closed? Well, it went back when we had the corona the moratorium issues.

27:20Okay, so it's open for business today? It's been open.

27:24Okay. So what triggered, sorry, is this a result of a BC inspection? Did BC come out

27:40inspect and then decide that that you were doing something you shouldn't be doing?

27:44No, no, I mean, because inspector, I believe in building safety can confirm this. The current

27:55legal use is for light duty vehicle repair establish. They have a request in and that

28:01was granted by BC for medium heavy duty vehicle. So that up to the use and that's why they had a

28:07hearing at building and safety. I'm sorry, we're zoned for major minor auto mechanic repair and

28:11auto body. Okay. And back we've been trying to get where we are today since east of my brother

28:17applied for the special land use. And even before that, but at a different location.

28:24And every time I go one step forward, I get kicked back about 10 12 cents. We've been trying,

28:30I dealt with many members of different branches in Detroit, because I didn't know what to do

28:35until I met Mr. Harvey. Literally, Mr. Jones, from the tax, I said, Listen, I went to pay

28:44whatever I had to pay. I said, Listen, this is what I've been going through. I need to do what

28:48I'm supposed to do to get to where the city wants me to be. He went spoke to the supervisor,

28:54he said, And can I take her where she needs to go? Thankfully, the supervisor said yes,

28:58took me hand by hand, floor by floor, office by office. And I still didn't find out anything on

29:04where I'm supposed to be, or do what I'm supposed to do. I had no help. Like I said, every time I

29:10go one step forward, I get kicked back. I've been trying to do what I'm supposed to do,

29:14but with no help, no guidance, no anything from anybody, even with the moratorium.

29:21I didn't know where to start. Nothing at all. Until the inspector that was assigned to our

29:25building. He said, Listen, I can help you. I'll tell you what you need to do, who you need to

29:30reach out to. Without him, I would have never even gotten our clearance to open back up. Again,

29:36once again, we've been trying to do what we're supposed to do. But it's been a kickback for

29:41the past at least 10 years. How long have you owned the building? It's been at least 10 years,

29:4810 years. So you've been in operation all 10 years as light duty. And so now you want to switch

29:54over to medium to heavy? No, not like duty, whatever we get in business, we do, you know,

30:00it falls into major, minor, mechanical repair. Okay, so you're switching to medium. So you're

30:07not switching? I'm not switching. I want to stay as major, minor, mechanic, auto repair and collision.

30:12And I want to add on use tires, because we were trying to switch over to new and major,

30:17I'd say 85 90% of our tires is brand new. And we have our we have our, you know,

30:24so that intensified your use, which is what triggered BC coming out and doing what they did.

30:30And so really, the only thing that we're looking at today is the screening.

30:34I'm sorry, I didn't hear the last word. I said the only thing that we're looking at today

30:39is the actual screening. The landscaping and screening. Okay, gotcha. Member Bowman,

30:46also the board chair recognizes Member Parker, Member Bowman, and or Member Johnson, Member

30:56Bowman, and Member Sherman. Um, yeah, this point of personal privilege, could the practitioner

31:05please speak into the mic more loudly, please? Thank you. Sorry, I need to say one thing.

31:13Anything to do with this. But I've also tried to acquire the lot behind this.

31:18I've been maintaining it lawn snow, all of it garbage, all nine yards, I put in an application,

31:24I believe, 2016, maybe after I give or take a couple years from the land bank up until now,

31:31I've heard nothing. I've done what I'm supposed to do as far as I know, but I've not had any

31:36positive, you know, help back. Okay, so I think we got a pretty good understanding of where you

31:46at, where you were at, where you're at now. Like I say, the only thing that we're looking at today

31:52is the... Sorry, I can't hear you very well. I said vice versa. The only thing that we're

31:58looking at today is the is the screening. So I want the board to understand that we're not

32:02looking at the SLU, we're not looking at anything else than just just looking at the screening,

32:07which Mr. Harvey has indicated that the practical difficulty is because of the small lot size

32:18and where the building sits and if they put in seven feet worth of landscape and screening,

32:27there won't be much left of the site for people to pull in and park and those types of things.

32:35Member Osberg. Good morning. Morning. Just curious, are you making any changes to like any,

32:49are you doing anything with the with the entrance, egress as far as vehicles? Are you

32:56repaving the lot? Are you doing anything to the property? Other than keeping it clean and

33:04maintaining it by what the city requires, I mean, just I want my building to be nice, clean,

33:09you know, people want to come in. We have a very high rating on Google as far as customers. We've

33:14even helped save somebody's life down there. And thankfully, since then, we've had no break-ins,

33:19no fever, we know anything. Can you can you speak to what type of screening you have currently?

33:26No, I just see a chain link fence, right? It looks like a chain link fence and some sort of

33:38metal. That would have to be on the north. I think that's what's at the east side. There's a

33:48metal. Oh, no, no, I think you're right. The north side has that metal behind a chain link fence.

33:57It's either the north property line or it's the east property chain link fence. Yes.

34:03Any other questions for the petitioner at this point? Yeah. Good morning. I heard you talk about

34:22the lot being too small to accommodate the requested buffer landscape buffers and screening.

34:30Do you have any other plans for addressing that need in a different way? No, because we don't

34:46believe that this buffering applies because it wasn't enacted until November of 2025. And we

34:54started this process prior to that. And I believe the ordinance still says that for motor vehicle

35:01repair, you had a choice to landscape or paying parts of the lot that are not landscaped. But

35:15apparently now buffering requirement supersedes that in the order. So we're just we're just really

35:25kind of caught trying to do something we really never used to have to do. And is the lot paved?

35:35Yes, it is paved. Yes. Miss, Miss, Miss Carr, we've even like I said, I've been trying to get

35:44to where I am before Mr. Harvey, at least five years before Miss Harvey stepped into this picture.

35:50We were even open, not at this location again, different location for about 35 years. And back

35:58when used tires used to fit under auto mechanic repair, we were supposed to be grandfathered in.

36:04But like I said, every time I move a step forward, I go back 50 steps. Like we're supposed to even

36:10be grandfathered in. Even the moratorium should not have applied to us. But I'm like, that's

36:16fine. You know, because again, you guys, I want to beautify my property. I sure do. It, you know,

36:21makes us look better. But to me, I'll do whatever I need to do. But like business these days is not

36:28good for a lot of people. Like I'm barely making it. And again, if it's, you know, if it's safer

36:35for the area, by all means, I'll be the first one because I have people working there. You know,

36:40like, that's my main concern, safety of people who come into my business, safety who work at my

36:46business. And I'm sorry, if it's just to beautify, believe me, I beautify it by keeping it clean.

36:52And like many other things. But again, I just want to do what's right for everybody involved.

36:59And I want to get this over with because like this is taking, I have to disable kids. This is

37:05taking a big chunk out of my life. Thank you. Thank you for your commitment to the city.

37:11Any other member Bowman? Yeah, hi. So you opened this business 35 years ago, you said?

37:21No, no, no, we've been in the business for 35 years at a different location.

37:25Well, how long has this business here been open?

37:28Nine, 10 years, maybe.

37:31Nine or 10 years.

37:34That we've all done.

37:36Okay, so when you got it nine years ago, was it in compliance with the ordinance then?

37:46Yes, as far as we know, yes. But we just needed to get the technical paperwork and this inspector

37:53coming out for this and that inspector. And I've worked, believe me, with a majority of the

37:58inspectors. Okay, when you're getting the paperwork, did they tell you back then,

38:04nine years ago that it was or wasn't in compliance with the ordinance?

38:10We applied the first time it was before Mr. Harvey came in. And we were and I never got

38:17paperwork of this never got to reach it. We were denied. I never received the denial.

38:22Turns out it was sent out. But long story short, it was denied because of something about lining

38:27with parking, certain amount of parking. When I met Mr. Harvey, I found out that because my

38:33building is under a certain amount of square footage, that didn't even apply to me. So I

38:37should have been done with this way before Mr. Harvey stepped into the picture.

38:41Okay, so they're saying it wasn't in compliance because of parking nine years ago?

38:46Something about the lining and the amount of, something about the lining and amount of parking

38:51spaces. But again, because my building is under a certain amount of square footage,

38:55that did not apply to me. Okay, so you were you were in compliance.

39:00I wasn't compliant. The city or whoever sent out that letter, I guess they did not know of this,

39:08that because it's under a certain amount of square footage, the parking issue doesn't apply

39:12to my building. Okay, so now regarding the screening, which I guess is actually why they

39:22got you here, then you're saying that screening requirement didn't exist nine years ago?

39:29No, not even nine years ago, it shouldn't apply to me because I submitted this is my second time

39:37submitting to get to where where am I supposed to get? What what's changed about the nature

39:43of the business in the past nine years? I'm not changing you adding on. I'm sorry.

39:57We're here to add a use. And a few things happen. There is no more major minor auto repair.

40:09There's light duty and medium heavy duty now. So that changed. She wants to add tire sales.

40:20After the moratorium, the ordinance changed, tire sales could no longer be a part of auto repair.

40:31So a lot of a lot of small things have changed. And I think that the the biggest reason

40:51we're here is because she's she's wanted to add tire sales because she was asked to

41:00because she was doing that on the property since the moratorium. Which moratorium are we speaking

41:08of here? The one where they closed. I got it because I'm like the one the way they closed

41:16down everybody in Detroit. Everybody, everybody. Are you talking about the COVID black down? No,

41:26no. Remember, the moratorium for repair and several vehicle uses. Well, no, that was that

41:39was the lockdown for COVID. I know what I'm talking about. They closed down restaurants,

41:47they closed down mechanical, everything. Automobile repair services. What year was that?

41:58The moratorium happened before or after nine years ago. No, no, before. This is the recent

42:03the past three, four years. But but but here's my problem. My building is zoned. I have all the

42:14paperwork. I have nine, 10 years worth of paperwork in that briefcase. My building is zoned as major,

42:20minor, auto mechanic repair and collision. I'm trying to add on used tires again, because every

42:25time the city can have all due respect to everybody involved. I get it. You guys are trying to and

42:31it's a whole lot better. But I should have been fathered in. I'm not trying to change use of my

42:37I want that major, minor mechanic. It's that's going to stay. I'd rather it stay. I don't want

42:42it to be I get this is new compartmentalization. I get that. But that's not why my building is

42:48zoned as I don't want to change anything. I want to keep it the way it is. I want to add used tires

42:54onto that. Gotcha. Okay, so for some reason, if you want a new battery can get a new battery

43:01because it's repair. But if you want new tires, you can't get new tires even though that's also

43:05a repair. Correct. What is your question? Weird. It is. Okay. So currently, the way that you're

43:18that you're licensed, you can't do tires. The city of Detroit is not requiring but you want to,

43:28which is what triggered the special land use hearing, which is also what now, you know,

43:35has triggered this, this need for variance for the screen. Well, as far as from what I

43:41comprehended from the league special land uses, I was approved. But now this kicked in, because

43:47of the new whatever the technical term is now stepped in. So had that not stepped in, I would

43:56have been okay because special land use approved me. Am I correct? And yes. Okay, gotcha. Okay,

44:04I think we have a good understanding of what's going on from the petitioner side. So if you

44:10want to go ahead and step back, we're going to bring up our departments now and hear from the

44:15departments and you'll have an opportunity to come back up. Thank you very much. All of you.

44:19It's been a pleasure. Thank you. Mr. Lowe. Good afternoon. Good morning. All right. Good morning.

44:29So what's the web that we we good morning, Chairman Roberts, our board staff and,

44:36and, and general public Edward Lowe specter BC zoning games just for clarification.

44:44I think we'll get into the bottom of it. One because of the intensification to add the use

44:51tire sales. That's the reason why we're here because of the screening requirements because

44:57as previously noted, there is a new screen ordinance that did come into effect in late

45:03November that was passed by council and adapting into ordinance and early thinking think February

45:10of this year because of this new screening requirements. And as previously discussed,

45:17that's the reason for the waiver requirement. As mentioned, the site is dimensionally small.

45:24So it's, it is pulls a hardship in terms of adding that screening in terms of practical

45:30purposes. But again, to note, our department did approve both the initial site plan and

45:39we did issue decision, noting that as, as a condition, again, because of the screening

45:46requirements, our department is unable to waive that requirement because of intensification.

45:52Again, this is intensification at the use tire sales. But again, we did approve it. Again,

46:00that's why we're before your honorable body, I guess requesting that screen

46:04wafer. So then you agree with the, you agree with the testimony by Mr. Harvey that the

46:12the lot's too small to satisfy the screening organ ordinance. Yes, as, as a practical

46:20difficulty, because this for clarification and back in 2019 through 2023, that's the auto

46:27moratorium that was in effect at that time, no intensification or expansion was permitted

46:36for auto related junkyards and the like for that four year period. It wasn't until after 2023,

46:44when the new ordinance came into effect, that's where Ms. Maki was referring to.

46:50But again, that's the reason why we're here because of the new screening requirements

46:55and anticipation of use for the use tire sale. Okay, great. Any questions from inspector

47:01low member Bowman. Yeah, um, I guess I'm a little confused by why a zoning requirement

47:10that came into existence well after they had originally applied to do this business would be

47:22applicable. Well, again, through the chair, at that time, that use was permitted by right

47:33in terms of what Miss Malkin was doing. After the 2023 ordinance required modification, the,

47:42I guess the heavy duty which was at the time considered now considered light duty repair,

47:50and the use tire sales is considered conditional is no longer viral. It's a conditional use.

47:56Therefore, when you intensify a conditional use, it has to come up to code for them. And again,

48:03we do have a screening requirement in effect. So because of that intensification and the use being

48:09conditional, that's why they have to come to compliance. I guess I'm still confused. It sounds

48:14ex post facto. I'm sorry. It says sounds ex post facto. It's like you're imposing a law that's

48:25coming after something on something that previously was there. Again, through the chair, the use as

48:35as was explaining is for heavy repair. The use is conditional. Anytime you modify conditional land

48:48use, you have to come up to compliance to what the current code is. And since Miss Malkin is

48:54adding tire sales, that's why the screening requirement comes into effect. Again, that was

49:01passed through council and came in the ordinance of November of 2025. So the screening takes

49:09president over that use. And since there is intensification of the use tire sales,

49:15that's the reason why you have to apply with the screening. But as I explained, there is a

49:20practical difficulty for providing that screening, but that's nothing our department can do. That's

49:27why we have to come here to request that waiver for that screening of the tire sales. So they

49:34hadn't applied to sell tires until this year. Well, again, through the chair, again, when Miss

49:43Malkin again, initially applied back in 2024, that's again, it has to come up to what the

49:50requirements are because it is a conditional land use.

50:05Thank you for a point of clarification. The petitioner has operated legally and in compliance

50:18up until last year when they get their modified monitor modifications to

50:25tires. Your department did due diligence and said that everything was in line.

50:30The only way we could proceed is if you got a variance and the variance would be for the

50:34screening. That brings the case before us today. BZ is in favor of this process. The only reason

50:44that the petitioners here is to get a variance on the screening. They've operated the same

50:50business for 10 years. They simply want to add new tires and that new tire requirement has

51:00made, has, has brought them under the new requirement of the change in the ordinance.

51:06Your only option is to get a variance from us. And that's where we are.

51:12Great. All right. Well stated. That is correct. Member Osman. I have one, one, one, maybe two

51:21questions. One, Inspector Lowe, did you review the virtual public hearing or were you there?

51:28Yes. That was at the, at our special land use hearing. Okay. That is correct. So, uh,

51:33I was surprised to see that Nordtown spoke in support. They are very protective of their

51:42community. And I was wondering if you could comment as far as what was said, because I'd

51:47really like to know. Yes. Through the chair, in fact, uh, I not only was there, I was the

51:54hearing officer at that time. I was acting as a hearing officer in that capacity. And yes,

52:01that is very rare that Ms. Bosch did speak strongly in support of this, uh, um, proposal.

52:10Again, uh, I can count on one hand in 10 years, the projects that she actually did support.

52:17Um, so that's why we're here. Uh, again, she supported the project. She appreciated the type

52:25of work that Ms. Malki has been doing out there. Uh, again, she had been coming to compliance

52:31because, but again, because of the ordinance changes and an intensification of use, again,

52:39that's the reason we're here. Um, but again, it is, it was rare and this, um, again, Ms.

52:47Bosch spoke strongly in support of Ms. Malki's initiative. Thank you. Um, I know we're in a

52:54formal hearing, but informally Ms. Bosch don't play. So it's good to see that. Thank you for

53:02that comment. Okay. Any other questions for the inspector? Okay. Thank you, Inspector Lowe.

53:13Thank you, chairman. Uh, if we can have the, uh, the tissue. Oh, yes. I have questions for them.

53:21What's that? I had questions. Okay. And while I asked them, okay. Yeah. Sorry. Yeah. Sorry. Um,

53:29I just was wondering what conditions would you, um, I'm, I'm sure it's in print here,

53:34but I just kind of expedite things quickly. Could you summarize what conditions you'd

53:39be, um, requesting because I said with conditions here, um, uh, again, through chair. And I don't

53:48have the report in front of me, but typically we did include stipulations in terms of the facade,

53:56general facade color area of, uh, again, through the chair, just general colors to the facades,

54:02neutral colors, um, just maintain the property in a, in a clean fashion in terms of refuge,

54:09storage, trash disposal, um, just maintaining the compliance and then just, um, having an

54:18annual inspection every year and turns through our property maintenance division. But, uh,

54:24there was exhaustive list of conditions that we did include. Okay. So you don't require any new

54:31screening at all in your conditions. Um, in terms of practical screening, again, again,

54:40the food chair, the reason we're here is because of the, the dimensional limitations of the site.

54:46As long as the applicant contains to maintain the property in a, in a clean fashion and

54:52continues to obtain those certificate of compliances, which they had been receiving

54:57through our department, we would honor that. Thank you. All right. Any last minute questions

55:06for inspector law? All right. Thank you again. Thank you, chair. We can have the petitioner,

55:12uh, uh, back up. We need to go through our approval criteria and member Johnson, can you

55:27do one and two, please? Okay, sure. Okay. Okay. Attorney Savage, we're, we're good with

56:32standing at this point or no. Okay. All right. Thank you. I don't know. Okay. I don't know.

57:01Mr. Harvey, if you look at the suggested questions, that's what you're going to be asked.

57:12Uh, we've got several of them, but I think that they're all fairly simple. I think you'll do

57:20just fine. Very good. So question number one, this is board member Johnson. According to the

57:30SBR report, the master plan indicates that your land is an agreement, but needs a screening

57:37variance. Do you agree with that decision? Why or why not? Our request is consistent

57:52with the master plan. And that was, uh, that was verified in the staff report as well. All right.

58:06Let's go move on to number two. Can you explain on each efficiency, why you cannot meet the letter

58:18of the ordinance? Uh, our site is, uh, very small and the placement of the building is on

58:26along two of the property lines. And it would be a practical difficulty to, uh, enforce the, uh,

58:36required buffering and screening requirement. Thank you. Okay. Member Carr, number three and

58:44four, please. Morning. Member Carr, if we grant the variance, what will it do for your business

58:58and the site where it's being requested? She can continue to operate the business as she has,

59:08um, with no, uh, loss of property to move cars around the site. Okay. Thank you. Number four,

59:25explain how your business will not cause any adverse impact on the other businesses around

59:30you. Uh, her business has never caused an adverse impact and will continue to, uh, operate as it

59:43has with just the addition of, uh, tire sales. Thank you. Forgot your new name. Miss Marshall,

59:58five and, uh, six, please.

1:00:00Good morning, Board Member Marshall. If there are any adverse impacts, how will you deal with them?

1:00:08There won't be any adverse impacts.

1:00:13And can you tell us what is special about your site that's different from others around you?

1:00:26Our site is on a corner and it's not much larger than any of the other sites nearby that are not on corners.

1:00:43And we actually need all of the property to, like I say, move cars around and operate the business.

1:01:00Member Osburn, 7 and 8, please.

1:01:04Good morning, Member Osburn. When you purchased this property, what were your plans?

1:01:11There was already an operating business there and she was continuing the existing business.

1:01:18And whatever difficulties we have that bring us here today were not the result of her action.

1:01:33All right. And will you be conducting any business other than what you've spoken of on record today?

1:01:41No.

1:01:43Thank you. Member Parker, 9 and 10, please.

1:01:52Okay. Good morning, Mr. Harvey.

1:01:55Good morning.

1:01:57How will your request benefit the other businesses in the area?

1:02:05Well, the one thing about Ms. Malkie's business is that it has never adversely affected other businesses in the area

1:02:21to the degree that a community advocate thinks we should receive this variance.

1:02:33Okay. Is there anything we could have done other than what you're requesting today?

1:02:39No.

1:02:41And so she does, you own the land outright? Is it city property?

1:02:47No, she owns it outright.

1:02:49Okay. Thank you.

1:02:52All right. Yeah, thank you very much.

1:02:55If you want to go ahead and step back now, we're going to move into public comment.

1:03:02If there's anything that's negative or derogatory about your project that comes up during public comment,

1:03:08you'll have the ability to re-approach and address any issues.

1:03:13All right. So we're going to move into public comment in the auditorium.

1:03:18If you're here today and you'd like to make a public comment on 5921 East McNichols, please come up to the podium.

1:03:28Public comment in the auditorium specific to 5921 McNichols, please come to the podium.

1:03:39Seeing nobody will move to our virtual participants.

1:03:42If you're online and you want to make a public comment for 5921 East McNichols, please raise your hand.

1:03:49Public comment, 5921 McNichols, please raise your hand.

1:03:55Do you see anybody, Director?

1:03:58Pat Bosch.

1:04:00Ms. Bosch, if you could please unmute yourself and you will have two minutes for public comment.

1:04:07I thought I unmuted myself. Can you hear me?

1:04:12Okay, very good. I was at the first meeting at BC as a testimony given by Inspector Lowe.

1:04:24And much of my reason for approval was because of the conditions that were put on the original grant.

1:04:36Number one, the painting of the building was to take place in neutral colors.

1:04:45I think the field report showed that it is not done also.

1:04:54I rode by the property yesterday and saw a for sale sign on the property of the in front of the door.

1:05:08And I'm wondering how that would square up with the testimony that has been given this morning.

1:05:18And much of my approval was given because of the fact that there would be a screen wall.

1:05:27And I think the field report showed a dilapidated fencing around the building.

1:05:39Further, I'm questioning. I do not understand how the owner is Esa. That's what I know that Miss Melky said he he is her brother.

1:05:58But I don't understand the legality of the ownership of the deed.

1:06:08And I don't understand how Jason Harvey is spokesperson for Miss Melky because Nathan Harvey is listed as the PZA petitioner in the 945 case.

1:06:29So I'm wondering if there is a relationship between the Harvey that is speaking on this case

1:06:40and also the next case coming up on East Davidson.

1:06:47But I am supporting the retention of the screen wall or at least improvement in the current fencing.

1:06:59Because one of the major comments from residents of District 3 is because the industrial encroachment does not support neighboring quality of life issues.

1:07:19And I think this business in particular needs to comply with ordinance. And that was why I originally supported the conditions of the DC hearing.

1:07:42And so I am opposed to this request currently. Thank you, Mr. Chairman. Yes, you did not swear her in. Oh, I'm sorry.

1:07:59Miss Bosch, we did not swear you in. Can we swear you in now? Yes. We need your name and address and inspector peripherals for you.

1:08:10Can you put your name and address on the record, Miss Bosch? Yes, my name is Patricia Bosch.

1:08:17I represent the North Town Community Development Corporation at 20017 Van Dyke Detroit 48234.

1:08:28Do you farm the testimony you have given us the truth? Yes. Thank you. Anybody else?

1:08:37That's it. All right. We're going to close out a public comment. And does a petitioner want to make any comments about what Miss Bosch had to say?

1:08:55Oh, in regards to the screening in the back, the back street behind our building, very minimal lighting.

1:09:06We kind of like keep an eye out for them because there's a lady there. Her name is Fox. I know she had some issues.

1:09:15Somebody tried going into her house, something in the store. We keep our eye on them and they keep an eye on our building.

1:09:22So if we were to screen up that back fence right there, we're not going to be able to keep an eye on anything.

1:09:29Can you speak to the dilapidated part? I'm sorry. She mentioned that part of it's dilapidated. Is that true or what does that mean?

1:09:44So it's not in good repair? No, I'm pretty sure. Many inspectors went out there. Many people go out there.

1:09:52She went out there. If there was a problem, it wasn't up to standard. I'm pretty sure I could have gotten a fine for her.

1:10:00Okay. I went out to the site and I didn't see a dilapidated fence. I'm not sure what she's speaking of.

1:10:12Since the moratorium, we've kept it up before. Since the moratorium, we have been on top of that building, the lot, the garbage, everything.

1:10:20We even maintain a lot that we've been trying to purchase. I believe, like I said, 2016 till present time.

1:10:26Whether it's grass, whether it's snow, whether it's garbage, I get garbage thrown in the alleyway, junk tires.

1:10:35But again, I maintain it because it's my property and any little thing can put it up in flames.

1:10:40So I try to maintain my property as I can. Understood. And I appreciate your passion.

1:10:48Looks like we've got a couple more questions for you. So first we'll go to Member Watson.

1:10:56The fencing at the rear and at the north side of your property, those are your fencing? Is that your fence?

1:11:03Yes, all the fencing around my property closes up around my property.

1:11:08Member Bowman. Hi, I understand you want the property to be visible from the residential side,

1:11:21but would you be willing, as a condition of being able to sell those tires,

1:11:31to have basically opaque screening where you otherwise have fencing, that would satisfy some

1:11:45of the concerns that we heard just now. And I bring it up because earlier, I mean,

1:11:51it seemed like the objection to the screening requirement, as you do with space, but we're

1:11:56talking there about a setback from the property line, as opposed to simply whether or not

1:12:02there is a barrier there, which are seem like two different things.

1:12:06I'm sorry, I didn't understand what the question is.

1:12:09Okay, again, would you be willing to put a barrier? It doesn't seem like it's going to,

1:12:18in other words, it doesn't seem like it's going to take up that much more land to put a barrier

1:12:23there, where you currently have a fence that is opaque and would satisfy the screening

1:12:29requirement to that extent. Would you be willing to do that?

1:12:37May I please be honest? I'm a very straightforward person. I don't like to be around the bush.

1:12:42Is it that they're trying to beautify the property? Is that the main thing here,

1:12:46just to make it look pretty? I mean, I'm going to be very honest with you, and I would like to

1:12:50address your question, Ms. Barr, when you said what's special or what is it that you're doing,

1:12:57for this, at this location? We literally, to us, it's, we're trying to make a living guess.

1:13:04That's why we're in business, but we have the compassion to help people. Some people come in

1:13:09there, we're short 10 bucks, 15 bucks. Can we come back? Sure. Do they all come back? No.

1:13:15Is it a problem? It puts a little bit of problem and a nudge in my profit. Sure, it does,

1:13:22but it's not just about the money. It's compassion. You can literally, and I'm not joking about this,

1:13:28and I can get you a petition. Ask the neighbors. Do they want us there? Yes, they do. Yes, they do.

1:13:34We, my husband, and at the time we had a partner, a car was speeding down mountains. The police were

1:13:39chasing. The car hit the tree, a big tree, I would say, half the size of this table. My husband and

1:13:47his partner went to the car, pulled the man out. He was a heavy, sick guy, stuck in the wheelchair,

1:13:52pulled the man out, and the police came. They told my husband, "Get away,

1:13:57we're going to shoot you." He said, "Shoot me. Man is dying." My husband and his partner pulled

1:14:01the man out of the car, and after they pulled him out, it blew the whole car. The police,

1:14:08Detroit police were on the thing. They took him out. I don't care who took him out. The point is,

1:14:13we go that far for our customers, not just customers, human life. It's a matter of

1:14:19what is beautifying the property you're going to do. You have a lot of people who will purify

1:14:22just to make Detroit happy, sure, but that's just for nothing. The one that's being maintained

1:14:29and kept clean, that's what it's all about, or am I wrong? We provide service. We're compassionate

1:14:35with people. You guys can go on Google, read all the reviews. We are, we promoted one of the top

1:14:43three businesses in our field, in our area. What do we do for other businesses? I don't know which

1:14:49member asked that. If our man, uh, mechanics have a problem with the car, we will send the car to

1:14:55Simons down the street. He specializes in certain cars. We help each other out. All the businesses

1:15:01over there too. You know, little kids come, I swear to you, it's again, it's not about the

1:15:06money because I have to disable because it's not little kids coming in with their parents in the

1:15:10heat and good for them. We give them ices, juices, stuff like that. What other business that you

1:15:17guys know of that does that? We care about the people. It's about the people at the end of the

1:15:24day. I'm sorry. I'm a God, I believe in God, what you throw out into the world is where you're

1:15:29going to get back. Any other questions for the petition? I'm sorry. I don't see how beautifying

1:15:37something is going to make it any better. I put it up and it gets torn down. Then what? You know

1:15:43what I mean? It's member car. Thank you, member car. Mrs. Music. I appreciate your passion and

1:15:58your commitment to the community. And I'm sure you recognize the importance of relationships

1:16:03in operating a business. Can you speak at all to the statement that Ms. Bosch made about

1:16:10painting the building a neutral color? Was there any plans for that in the future?

1:16:16That's a condition in BC Grant. It must be done. It must be done.

1:16:27I don't know if you heard the statement, but it said BC required that it must be done.

1:16:31Must be painted a neutral color. Yes. Correct. What color is it now?

1:16:36It's a yellow and blue, isn't it? Oh, all right. Board member Bowman, can you tell Ms. Malki

1:16:47exactly what you want her to do in terms of opaque screening? And I mean, exactly.

1:17:02Generally, the rule has been some kind of masonry wall. And again, it just seems like,

1:17:10well, you may like to have one because I think you wanted the property to be visible for one

1:17:17of your neighbors. That would pretty much meet the common standard other than the fact that you

1:17:27don't have the spacing from the sidewalk and so forth, which we've already agreed would take up

1:17:32too much of your land and would make movement on the lot. Which property lines are you talking

1:17:41about? I believe that would simply be the part between your property and the residential area

1:17:49behind it, the small. Mr. Lowe. There's a few houses in that space. So the north property line.

1:18:03Well, there's mound, there's your business, and then there's like a residential area behind you

1:18:09on that block. I don't recall those residential lots go all the way down to McNichols. What if we

1:18:27so the way the building is, if I'm facing my building like this right now,

1:18:31there is the fencing goes all the way around. The only what's behind me is another commercial

1:18:37building. The only part would be is this side over here that oversees the residential. But it's not

1:18:45just Mr. Baum. It's not just one neighbor. That area is a lot of senior citizens. It's not just

1:18:54for the protection of them is for the section of them and my people to inside my building.

1:18:59A lot of some people can cut make it look like it's together and then just come through.

1:19:05Inspector Lowe, you ever ever have a situation where, you know, to help satisfy screening or

1:19:15at least, you know, maybe headlights getting getting off the property, you know, at night or anything

1:19:21like that. If she was to leave her fence up that she has, but then put those slots in it. Are you

1:19:30familiar with that? Would that help satisfy anything? Yeah, and good morning through the

1:19:40chair. Those slats from at least what I understand are not permitted. Again, that's a part of the

1:19:48new screening requirement. I know that you do see those in terms of chain link fencing, having those

1:19:55type of slats on there, but it's not part of the ordinance. Again, like I said, I know this is

1:20:01complicated because of the size and the location, what we're talking about. But again, for the

1:20:11purposes of this hearing, if we're trying to accommodate and again, as part of our decision,

1:20:18we did outline some, at least some standards of which we will want to see as part of the grant.

1:20:24But again, for practical purposes of this grant, if we can, if we can get the waiver for any

1:20:34screening and then we did outline some type of ways of these kind of come to a solution,

1:20:41at least for practical purposes. But in terms of that type of screening, at least in the ordinance

1:20:48slats is not permitted. Okay. That's why it's kind of, we can't just say, yeah, we can,

1:20:54but since it is prohibited. So you're looking for a variance from us and then you're going to maybe

1:21:01do a little sidebar negotiation on trying to get a few plants or a little bit of screening done

1:21:10based on the size of the lot. Yes, Mr. Chairman, because again, that's unique because of the

1:21:16dimension those restrictions and the building being there for a number of years, it kind of

1:21:24is not a hardship, per se, but I guess it kind of is a hardship. Sure. Understood. Member Watson.

1:21:35We'll see Mr. Low that I want to speak for a member moment, but with the community having

1:21:44changed their position about the screening issue and what I believe the board is searching for

1:21:51was a remedy. It would appear that if we made a condition as a board that the screening would

1:21:58be required on the residential side. I believe that would be the east of the building and also

1:22:05the north portion of the building. The thoroughfare amount would not be required, would not require

1:22:12any screening, but an opaque fencing along the residential side, again, the east and the north

1:22:21end of the property. Would that be something that BC could live with? Again, through the chair,

1:22:32that would be a matter for you, this honorable body, to consider if they wanted to

1:22:39add that such a condition to the, as a stipulation to this grant. Again, as previously described,

1:22:49again, the applicant is at least asking for release of such screening. Therefore,

1:22:56if a stipulation was added by this board to include that again, that would be at your discretion.

1:23:03Our discretion. Yes. It'd be at the board's discretion. Oh, yes, go ahead. Sorry.

1:23:19My mind's too much. Mr. Low, what is the overall intent of the screening requirement?

1:23:28The overall screening is, as was approved in November was to add some specific screening

1:23:38requirements based on uses in the city. But again, that was in regards to the uses themselves. But

1:23:49again, for clarification, this use has been pre-existing for a number of years.

1:23:57Again, the only reason we're here is because of the adding intensification of the use itself.

1:24:05Again, we had this department had been issuing specific appliances for a number of years. It

1:24:13only was because of the adding of the used higher sales, then essentially everything has to come up

1:24:20to code. Because of that, that's the reason why we had to have both the conditional use hearing

1:24:30to add that use. But because anytime you intensify use, what may have been at least what may have

1:24:40been in compliance in 1998 now has to meet the current standards. I mean, to some extent,

1:24:50some of these may be, I wouldn't say impractical, but they do pose a hardship. And at the same

1:24:58time, we do try to include, and we did include, as you can see, at least some stipulations within

1:25:05our decision. But again, that screening requirement, again, if we didn't know that if it required such

1:25:14a waiver, then it would have to be before your body. But again, if you're wanting to consider

1:25:20whatever stipulations or additions to that, again, it would be at your discretion.

1:25:27Thank you. I may not have asked the question correctly. I'm sorry about that. What is the

1:25:37intention of the screening? Is it to keep people from looking into the property or is it to prevent

1:25:44reflective lighting? Can you speak to that a bit? Thank you. Through the chair, the screening as

1:25:53was approved and entails a variety of reasons. They can be for safety purposes. They can be

1:26:02for beautification. Again, they can be for reflective lighting. But honestly, I don't know

1:26:09if there's going to be cars behind there because everything's essentially going to be in the front

1:26:14off a mound and McNichols. So it's not going to be anything in the rear. But again, this has been

1:26:21an operation for a number of years. At the hearing, again, there were no comments, at least

1:26:29from adjacent properties that the applicant had been in error or have any type of adverse impact

1:26:38along those residents in that area in terms of reflection of lights or anything in that regard.

1:26:44Again, as noted, the site has been maintained for a number of years. We've issued

1:26:49certificate compliances on this location. Again, the only purpose was because of the adding of

1:26:57tires is when the new screening did come into effect. Thank you. All right. Any other questions

1:27:05for anybody? I have a question. We're going to move into a board only discussion. Excuse me.

1:27:10And I have a question for the petition. Go ahead. Not for the inspector, for the petition.

1:27:17Thank you. Thank you, inspector. Where would the tires be stored? Inside the building. Okay,

1:27:25there will be no storage outside. No, no. Other than like the junk tires, but they come out,

1:27:29I believe once every week or depending on like if it's a larger amount, we'll call and say, hey,

1:27:34come pick up the junk tires. We have all the receipts that we get from them. And I have them

1:27:39back from before Mr. Harvey stepped in. I do however want to say this, if I may, we applied

1:27:46for again, we applied for this before Mr. Harvey came into this and 2014 again, we were denied

1:27:53because of some scenario with the parking and turns out that be that way we were not supposed

1:27:59to be held to that parking scenario. Had we not been held to it because of our building being so

1:28:05small, we would have been done with this back the first time we applied. I never got notice of any

1:28:10hearing pertaining to that application at all whatsoever. In my opinion, not because I'm the

1:28:16petitioner, just common sense. And as just a human being, I should not be held to all these

1:28:23visions because I applied once before and applied again. And all these new things coming out

1:28:30after that timeframe that I applied for. Thank you. And if you guys want to see this back from

1:28:37the first time that I applied for special land use. Yeah, if you want to go ahead and step back,

1:28:41we're going to move into a board only discussion now. And the motion is always in order. Member

1:28:46Watson. Mr. Chair, the applicant is is caught me twix in between having existed for 10 years doing

1:29:01the current operation of what it is now simply because she wants to do new tires. It is kicked

1:29:09in a new element, which is screening and ordinance require a new screen, a very possible on the

1:29:18thoroughfare and then on the residential. I think it will be unfair to make that requirement

1:29:26simply because the the petition is coming to us for parents to see what's simply the new new

1:29:33tires. Right. And they've operated for 10 years currently doing all the rest of that, even though

1:29:40we have a community who wants to hold them to a higher standard in this instance, having existed

1:29:49between years, I believe that would be an injustice to the petitioner who only wants to

1:29:55make new tires part of her her business. I would be in favor of and be seen again is on board with

1:30:02the current situation. I would be in favor of granting petitioners variance. And I, you know,

1:30:12I agree with you, Member Watson. You know, it's an existing business, adding a new element that

1:30:20really isn't going to change their day to day operations very much. You know, and like

1:30:28Member Bowman said with the, you know, with his ex post facto, you know, I don't as a small

1:30:34business owner, you know, I don't like when an ordinance gets enacted, and then they try to,

1:30:41they come to an existing business and try to make them become compliant to the ordinance. That's not

1:30:48the, that's not the the American way, if you will. So because of those factors, and I think,

1:30:57you know, and we've obviously heard from the petitioner that the site's too small, but we've

1:31:02also heard from Inspector, you know, Inspector Lowe that the site's too small to meet the

1:31:08letter of the ordinance. And so I guess, you know, I would definitely be in favor

1:31:15of granting this variance. Member Bowman. Yeah, hi. Yeah, the only reason I got onto the whole

1:31:25opaque, the only reason I got onto the whole idea of an opaque screening as a condition

1:31:37is, I guess, out of a desire to please everybody. But looking at the geography of the place

1:31:49in realizing we had one person speaking who is a member of the broader community,

1:31:55but really the people, the community members whose opinions would really carry the weight

1:32:01are the people, and there's only like a very small number of homes within, you know,

1:32:11the region of the business itself on that block or right behind it down the street a short distance.

1:32:21None of those people seem to have any objections to what this business is doing and where it is. So

1:32:26I mean, if my fellow board members would approve this variance without the any conditions beyond

1:32:36those already recommended by BC, then I'm fine with that. I just brought that in there because

1:32:46I was basically trying to please everybody, but we didn't hear really that demand from people

1:32:51who live within the immediate vicinity of the place. As far as the ordinance itself,

1:32:57I suppose city council could pass any rule they want. They can make a rule that, you know,

1:33:02that if you want to get new spark plugs, you can't get them there. But if you want to get

1:33:07new tires, you can whatever. But the other part of that then is again, this applicant was working

1:33:17on this before that ordinance and imposing new requirements. It does bother me. The fact is,

1:33:24apparently they didn't have new tires. I don't know if they could have old tires,

1:33:29how that works, but yeah, it doesn't seem like there's a substantial change in what they've been

1:33:35doing before and after. So it's kind of a hair splitting thing. And obviously we have this

1:33:40process allowing us to make variances to adjust to for those hair splitting situations, which is

1:33:48what we're in. So yeah, I'm fine with approving with the conditions set by BC. If my colleagues

1:33:56are fine with that. I agree with the previous board members' comments and also was a bit taken

1:34:08aback that there was support in the public hearing and that support seemed to go 180 degrees

1:34:15at this hearing. But I believe that I understand why that was. However, I also say that BC to

1:34:25prove this with conditions and due to the petitioners taking a oath in front of us,

1:34:33in front of the city, I believe that she will hold to those conditions and continue to be a

1:34:43positive impact on the surrounding community. So I'd like to make a motion to him. Commissioner

1:34:56Osborne BZA case 2026-00058 location being 5921 East McNichols. The property is found

1:35:13in an M4 zone intensive industrial district. The request being a dimensional variance to establish

1:35:19a medium slash heavy duty vehicle or equipment repair establishment with the sale of new tires

1:35:25in an existing 2855 square foot building. I make a motion that this board grant that variant grant

1:35:33the variance of the deficient right of way screening according to section 50-121. My

1:35:41reasonings are that this property does this property does fit into the master plan. It is

1:35:51a beneficial use of the property, which will positively affect the surrounding community.

1:35:58The petitioner with the with the submittal of site plan and our visual inspection has shown

1:36:10that the size of the site as far as the proximity to the property lines limits the ability to

1:36:15provide the ordinance required screening. The expansion of this use, the expansion of this

1:36:28property will prove to be enhancement to the proposed site to the business. Granted, this

1:36:37variance will allow her to expand her business and expand service to the surrounding community.

1:36:43I don't believe that the expansion will cause an adverse effect to businesses that are surrounding

1:36:52the I don't believe that there will be any adverse impacts and if so she has proven that

1:37:03she will be able to deal with them. I do anticipate that this will contribute to the

1:37:07orderly development of the surrounding property. I believe that she has adequately served by

1:37:13utilities being as it is an existing business. The site is set apart because it sits right on

1:37:23the corner of Mound and Six Mile. The intention for the property is what she expressed today.

1:37:34There will be no additional business that she will be conducting on record and this will be

1:37:40a benefit add to not only the neighborhood but the surrounding business community. Therefore,

1:37:46I restate my motion. I make a motion that this board grant the deficient right-of-way

1:37:51screening variance. Second. Second. All right, so we've got a motion and a second. All those in

1:37:56favor? Aye. Any opposed? Okay motion carries. BZA case 2026-00056. Georgina Malke requesting

1:38:08dimensional variances to establish a medium heavy duty vehicle or repair establishment

1:38:16with the sale of new tires has been granted. Thank you, Mr. Chairman. Okay, thank you. All right,

1:38:33congratulations, Ms. Malke. Good luck to you. Her next case in direction. Oh BZA case 2026-00016

1:38:47city council district number three. The BZA petitioner is Nathan Harvey. The owner is

1:38:53Stanley Marzak. The location is 6,000-6,014 and 6,020 East Davison between Dwyer and Gable and an

1:39:05M4 intensive industrial district. Nathan Harvey is requesting dimensional variances to establish

1:39:12a light duty vehicle repair establishment bumping and painting an existing 11,190 square foot

1:39:21building approved with conditions in B.C. case SLU 2025-00168. The decision date September 9,

1:39:342026. The effective date September 23, 2026. The subject site is within an M4 intensive

1:39:43industrial district. We will now hear from Inspector Pierport. Thank you, Director. We're

1:39:49here in this case today because the board shall be authorized to hear dimensional variance requests

1:39:53for matters that are beyond the scope of the building department's 10% administrative

1:39:56adjustments for variance of minimum setbacks. The variance for this case is spacing. Here in this

1:40:02case under section 54-1316 permitted dimensional variances and 54-121 the approval criteria. Here

1:40:09in this case under the legal description attached our attorney will assess ownership. The building

1:40:13department's approval effective September 23, 2026 states the request is to establish a light duty

1:40:19vehicle repair establishment bumping and painting and existing 11,197 square foot building.

1:40:26Current legal use of the 6,000 East Davison is factory and the current legal

1:40:31land use of 6014 and 6020 East Davison is parking lot. B.C. held a public hearing on

1:40:38August 12, 2026. In addition to City of Detroit personnel the participants in the hearing

1:40:43included the owner and their consultant. No one spoke in opposition or support.

1:40:47Preliminary site plans were approved on June 25, 2026. A letter from planning and development

1:40:52dated August 20, 2026 recommending approval of the requested use. Based on the site plans and

1:40:58other information presented to B.C. compliance with the following aspect of the requested use

1:41:03for address. Parking under section 50-1460 vehicle repair and service for the 11,197 square foot

1:41:11building. 37 off-street parking spaces are required for the proposed light duty service facility.

1:41:16B.C. can reduce the off-street parking requirement by subtracting from the current factory land use

1:41:22which is 14 spaces thereby reducing the parking requirement to 23 off-street parking spaces.

1:41:2723 off-street parking spaces are required. Seven spaces are depicted on the site plans. The 16

1:41:33off-street parking spaces are deficient. B.C. is unable to waive that deficiency therefore

1:41:38waiver of deficient parking should also be heard by the B.C. spacing under section 50-12-131.

1:41:45No similar uses shall be located within a thousand feet of the proposed vehicle service use.

1:41:50Facing requirements between certain uses of the same type are intended to prevent the

1:41:55over concentration of those uses in a limited area and to more equitably disperse them throughout

1:42:00the city. A review of city records confirms that the following motor vehicle repair and/or

1:42:05service facilities are located within a thousand radio feet of the subject site thus also require

1:42:10the spacing variance from the B.Z.A. Those locations are at 6200 East Davidson which is

1:42:17a light duty vehicle repair facility approximately 337 feet away. The other is at 17491 Mount

1:42:24Elliott. It is a light duty vehicle repair facility is approximately 560 feet away.

1:42:29Apparing careful consideration of the application and all materials letters public comments

1:42:34and other information presented. B.C. made the following findings made all of the following

1:42:38findings under section 53-281. The establishment for the requested use was approved with conditions

1:42:44provided the required variances are given by the Board of Zoning Appeals. Again this case is

1:42:48before the board they were granted the use of light duty vehicle repair but they must come to

1:42:53the board for spacing variance and a parking variance. This subject site is located on Davidson

1:43:01East Davidson Street. This is a portion of the building it's a long building so this is a portion

1:43:09of the building it's far west side of the property on East Davidson and this is going down towards

1:43:15going down towards the east end of the building on East Davidson. Again it's the far west end of

1:43:20the building you'll see that parking area that they spoke of you looking down East Davidson

1:43:27looking to the east block opposite vacant land this is the far west side of the property they

1:43:39have parking lot immediately at the corner of East Davidson I believe that's the wire I'm not

1:43:44sure if it's Gable sorry that's Gable Street. As of you looking down Gable Street again this is their

1:43:51parking area and on opposite side of that is a gas station. Longview looking down East Davidson

1:43:57this is the gas station on the opposite side of East Gable on Gable and East Davidson. You're

1:44:08looking down Gable looking to the let's say to the south alley behind the building looking to

1:44:15the east you're looking back up towards East Davidson and again this is the gas station on

1:44:27the corner of East Davidson and Mount Valley. Longview looking back down the side of the building

1:44:34on East Davidson and block opposite vacant land. I'm getting to the east end of the building

1:44:41block opposite this is the far end of the building our east end of the building looking

1:44:53down the side street looking again that's the subject property so the right on the screen with

1:44:57this brick wall this parking area in that area you'll see shortly on that block opposite building

1:45:03there is the 6200 building that brings the case one of the buildings brings the case to the board

1:45:07for concentration and there's vacant land directly behind the building there's some residents on the

1:45:12opposite side of that the view looking back down the rear of the building looking back towards

1:45:17Gable Street then it's a portion of a parking lot entrance into that parking lot and that

1:45:24piece of interest again it's a space invariance and a parking variance all right um uh inspector

1:45:34peer force says uh here also uh variance is needed for setback then the staff report there

1:45:48i didn't read it but it's no setback where do you see that sir uh in the staff report

1:45:56october 19 page one page what it says uh reason for hearing and it has heads minimum

1:46:05oh that's standard language the board shall authorize here the middle oh yeah that standard

1:46:09language space invariance and then additional is the parking okay gotcha so we're just doing

1:46:15parking and spacing yes okay thank you very much how you doing i'm nathan harvey spending the day

1:46:25with us 13718 woodwood avenue highland park michigan 48203 i'm stanley marzek i'm stanley

1:46:41marzek what's your address on the record 6200 east davison would you both raise your right hands

1:46:48your uh farm your testimony for the board today's trip thank you all right mr marzek um the first

1:46:56thing that we need to do is establish standing that you have a right to represent uh this

1:47:01business and property and we're gonna do that with attorney savage good morning again erica

1:47:08savage on behalf of the city of detroit law department these questions are designed to

1:47:12assess your um standing between to section 50 dash three dash three of the city of detroit

1:47:19zoning ordinance any property um i'm sorry any person competitions the board of zoning

1:47:25appeals must possess sufficient standing which means you're either the property owner or you're

1:47:29authorized by the property owner to appear today on their behalf based on the law department search

1:47:34of the records i'm going to call them the park the parcels commonly referred to as 6000 east

1:47:41davison we found a we found a deed i just have to get to it give me mr chair okay we found a deed

1:47:54a quick claim deed recorded on october 29 2015 at libre 52547 page 1154 and that owner is gable

1:48:02corner incorporated so please um state both of you your relationship with gable corner

1:48:10incorporated i have applied for the corporation papers and i have applied to the uh equal

1:48:17corporation paper um uh to the uh for the tax purposes and i am the owner of the building

1:48:24okay i didn't i couldn't quite hear you you said you're the yeah i uh established gable corner as

1:48:31a corporation myself and i'm the president of that corporation okay so you um mr what is it

1:48:39mr marzak marzak you are the president of gable corner incorporated that's correct

1:48:45okay so as the president you're authorized to take this action before the board of zoning appeals

1:48:50yes and then you have retained mr harvey to be a consultant of sorts for you that is correct

1:48:59okay so other than um mr harvey is there anyone else who's authorized to speak on behalf of the

1:49:06property to the board of zone of appeal no okay um i think that's all i have based on the statements

1:49:15placed on the record i'm satisfied with standing to proceed thank you attorney sandwich mr marzak

1:49:22uh what brings you in today um well we're trying to get um um we're trying to get a waiver

1:49:32on the spacing and we're trying to establish this light repair facility on this location

1:49:47i'm sorry we're trying to um establish a light repair facility on six thousand these days so

1:49:55and your primary purpose is going to be bump and paint correct um two other businesses that were

1:50:07that were mentioned that are uh thank you that are too close uh spacing wise do they do bump

1:50:14and paint work you know uh one um according to the mail is about 370 feet away and another one

1:50:24is almost 600 feet right away but do they do bump and paint i'm trying to see if there's a

1:50:30differential between what you do and what they do you know i'm not 100 sure i know the business at

1:50:36that uh six thousand two two hundred uh is a good uh dealership they do have a dealership uh right

1:50:46license and uh whether they repair their own cars or they just buy and resell them i'm not

1:50:53100 sure yeah i drove by both the um just for my fellow board members i don't know if you did a

1:51:01drive by or not but i drove by the other two properties and i didn't see any evidence that

1:51:06they do bump and paint work so i think that this that might be a unique thing uh you know at least

1:51:13for the spacing uh requirement yeah the name of the dealership is mega auto care uh what's what's

1:51:25taking place at the building now is there anything we do fix cars say again we do repair cars that's

1:51:34already um okay so you're already doing bump and paint there now yes okay and so then uh how did

1:51:42you get flagged by bc to uh have to do a hearing and be here today i'm sorry i say what what

1:51:51what started the relationship between you and uh building safety and engineering did they come

1:51:57in and do an inspection and find out that you're doing bump and paint and didn't know or no i i

1:52:03wanted to establish legal property do it legally in you know within the city of detroit um um i'm

1:52:13not going to say anything but i've noticed there's a lot of shops smaller shops down

1:52:18maybe some closer to fendi when it seems like they do some kind of repairs but it's uh it's

1:52:27it's not clear what requirements do they have and i would just want to be uh legal

1:52:35and with all the codes with the city okay any questions from the board for the petition

1:52:42member watson if i understand you correctly you said you've been operating there as a repair

1:52:51shop yes and you want it to get legal correct and that's your motivation yes you also observed

1:52:58that there are many other auto repair in the area and it's questionable as to whether or not

1:53:05what circumstances do you operate yes thank you sir member ballman yeah um i'm looking as far as

1:53:14the spacing requirements we have the situation where um there's a broad brush that covers

1:53:21anything auto but specifically um regarding auto repairs i see there's your shop there's

1:53:30but then the other auto related functions i see nearby so we have a gas station and then there

1:53:39is something um shopping cart world there's some retail and then on the other side of that there's

1:53:46an auto part retail um so i guess i'm asking are there any actual auto body shops like what you're

1:53:56doing um in the vicinity um as of the legal body shops i'm not really aware as a legal body shops

1:54:07i'm not aware um if there are shops within like a thousand feet radius um like like you mentioned

1:54:17there's a gas station right across the street from us um in the back there's a uh some roofing place

1:54:25and uh shopping cart world is the when they repair shopping carts and yeah so it mean there

1:54:35didn't seem to be any of your auto repair um related thing nearby there i guess the first

1:54:40thing i'm noticing secondly um through the chair um how long again were you actually operating

1:54:55before was were you operating legally before a certain date how did how did this come about

1:55:03through the chair board member bowman um stanley is the owner of the building a tenant of his

1:55:12building is the one actually doing the auto repair and the bumping and painting this is

1:55:20a recent tenant so he's trying to legalize someone who recently uh started renting his

1:55:30building what are the rested what was the rest of the building being used for the the rest of the

1:55:37he said it was like only a tenth of it's being used no a tenant oh okay yeah he has a new tenant

1:55:47in the building i see that does that actually does this work oh and he's trying to legalize

1:55:54that tenants operation on behalf of the tenant was there a previous tenant um that had done

1:56:01similar work there before is this the first time i not not not bumping and painting no um any but

1:56:11any kind of auto repair beforehand no no okay thank you any other questions for the petitioner

1:56:20member car just it just in terms of member car just in terms of clarity how recent did this

1:56:29tenant move in or begin business it's about two years now i'm sorry about two years two years

1:56:40thank you any other question okay uh so i think we have a uh you know pretty good understanding of

1:56:54where you're at you own the building you leased it to somebody uh over the last two years that

1:57:02we're doing bumping paint work uh in there which is in my opinion uh different than the other the

1:57:11other two establishments in terms of spacing um and then uh you uh now you want to you know your

1:57:23tenants been in your quote unquote uh somewhat illegally and so now you're trying to get

1:57:31everything up to speed uh today so i think we got a pretty good understanding of where you where

1:57:38we're at so if you want to go ahead and step back we're going to bring inspector low up and you'll

1:57:43have an opportunity to uh comment on anything uh that the departments bring up inspector low

1:57:52welcome back good morning mr chairman uh good morning i'm providing uh staff members and general

1:57:58public that would load zoning inspector dc zoning uh just point of clarification number one again

1:58:08the two other facilities that were noted in artists uh decision are not bumping in painting

1:58:17they're just repair again that terminology that nomenclature the bars collision shops uh

1:58:24like duty repair again they all meet the same thing besides the bumping and painting this

1:58:31this is what makes this business unique number two as you can see the facility is pretty big

1:58:38as a couple of addresses so anytime you do similar to the other case anytime you do

1:58:44intensification or expansioning therefore triggers happen to have another conditional use

1:58:51but because of the size of this facility and unable to provide the necessary prerequisite

1:58:58parking that's another reason why we're here before you're on provided because they're going

1:59:02to need that waiver of the park in itself but again also similar to that previous case on

1:59:10mcmickel's the site's an industrial zone this is industrial property as you can see in the photos

1:59:16property around it is a lot of his vacant land industrial property property pretty much is in

1:59:23good condition they i think they've got significant compliance but because of the expansion to add the

1:59:29bumping and painting to the light duty repair therefore again we did issue a site plan approval

1:59:37and a decision with those stipulations in there if you want to go specifics we did identify

1:59:45what was there some of the stipulation we did include in terms of maintaining a property

1:59:49maintain proper refuge storage which they've been doing making sure that everything comes up to

1:59:56compliance, any lighting that's in

2:00:00We're looking at the site plan. It looks like pretty much everything is going to be inside the building in terms of storage and refuge containers and all that. It looks like it's all inside.

2:00:30Yes, again, through the chair, you probably see as more and more as any auto related activities, anything that's related to repair, all that activity has to be indoors. That is a requirement. That's a requirement for any repair and also storage of any fluids have to be inside and also tire storage.

2:00:56Gotcha. Member Osberg. Inspector Lowe just tapped on the question that I was going to ask. Item number 11 on the B.C. report, page 9 of 10 says all waste fluids, antifreeze oils, etc., shall be appropriately stored in containers within the repair facility.

2:01:18How, as far as environmental, the environmental piece of B.C., how do you do you do a site visit beforehand, after, how does that work that you maintain that condition of this operation?

2:01:33Thank you. Again, through the chair, as we do, do inspections, unannounced inspections, they also have to maintain if they have tires and fluids again, particularly for tires, they have to maintain a manifest on the premises in terms of number of tires.

2:01:58But at the same time, any type of fluids, they again, we do regular inspections just to make sure that they are in compliance. Again, this is a conditional use.

2:02:09So our department's tied into these type of cases, making sure that they do meet the requirements. Okay. Any other questions, Member Watson.

2:02:23Mr. Lowe, having observed that site, the configuration of East Davidson, the building as a Boeing from Gable halfway in the building, it bends.

2:02:38You don't, you don't have a clear view of oncoming traffic on Dwyer. Any, any traffic coming on Dwyer cannot see and they cannot see the traffic going into Dwyer.

2:02:51Was that an issue or no, or should that be an issue? Again, through the chair, the, that part, at least part of it, I think, at least word that, at least what I'd screen wall is at least, I think it doesn't meet the, I guess the definition of the clear triangle location.

2:03:16Because I guess it's not on the, it feels like on an intersection of Davidson and the other side street, at least from where the gas station is.

2:03:27I can't recall that street. Again, that would, at least that would not be something that we would favor, but at least on that other side, on the Gable side, at least it doesn't interfere with the ongoing traffic, at least particularly East and West traffic.

2:03:44Going to the South, there's vacant land to the South of the property itself, but in terms of any type of vehicle, any type of visual impairment, no, at least not from that perspective, no.

2:04:01Any other questions for Dr. Lowe? Member Carr?

2:04:07Thank you, Member Carr. Are you looking, I noticed that the number of parking spaces was one of the issues cited. Is the city looking for any particular accommodation for the 16 deficient spaces on this property?

2:04:28Again, through the chair, because of the size of the buildings themselves, and they are landlocked, they're essentially they're married to the number of parking they have. But on occasion, at least customers will be limited in terms of how often they would be coming to the site.

2:04:50At least parking will be limited to at least appointments, so it will limit the number of people that are coming to and from the location itself, and also the number of employees that would be on the site.

2:05:05Again, because of the size of the buildings, that's again, it is what it is in terms of parking. We're unable to give against our administrative authorities only 10%. So, again, we cannot waive the parking requirement.

2:05:27One of the things that would offset that is because of number, at least number of appointments, people coming in, having cars, you wouldn't have an overflow of vehicles coming in at all times.

2:05:39I think it would be a reasonable waiver for this board to consider. Thank you.

2:05:47All right. Any other questions for Inspector Lowe? All right, Inspector, thank you.

2:05:58Thank you, sir.

2:06:00There's a petitioner want to come down and make any comments on Mr. Lowe's presentation, approval criteria. Yeah.

2:06:11If you want, okay, if you want to come back down then we'll move into our approval criteria, which now Mr. Harvey fully engaged in the approval criteria.

2:06:29All right, we'll start with number one and two, Member Sherman.

2:06:43Good morning, Board Member Sherman. Do you believe that the variance that you're requesting today is consistent with the master plan? And if so, can you explain why?

2:06:57This use is consistent with the master plan.

2:07:02Davison Street is still a light industrial area, and I believe it's going to continue to be that.

2:07:23What are the practical difficulties that prevent you from carrying out the strict letter of this chapter?

2:07:31There are two things.

2:07:38Number one, Mr. Marzek is the owner of the building, and sometimes he cannot pre-determine the type of tenant that he gets.

2:07:52You know, down Davison there are a lot of automotive use businesses, so it just isn't unusual that he's found an automotive use tenant.

2:08:08And as Mr. Lowe mentioned on the parking, the site has the parking that it has, and the building is on the larger side, and that's what pushes the parking requirement up further.

2:08:33But I don't believe his tenant, as Mr. Lowe stated, is going to have a type of volume that's going to overflow that parking or his outdoor storage.

2:08:45Thank you.

2:08:49Member Bowman, three and four, please.

2:08:51Okay, great.

2:08:52If we grant the variance, what will it do for your business and the site where it is being built?

2:09:01Well, it would allow his tenant to legally do the business that he's engaged in, and it would take full advantage of that site.

2:09:15Thank you.

2:09:17And explain how your business will not cause any adverse impact on the other businesses around you.

2:09:30The businesses around are light industrial. In fact, the former residential area behind the alley is zoned industrial now, so it would not really affect any adjacent businesses.

2:09:52Thank you.

2:09:53Mark or six, wait a minute, five and six, please. Please explain how any adverse impacts resulting from the variances or administrative adjustment will be mitigated to the maximum extent practical.

2:10:15No, this, this is one variance that literally has no adverse impacts.

2:10:29How many, or how and why is this requested variance or administrative adjustment required to compensate for some unusual aspects of the site, or the proposed development that is not shared by landowners in general.

2:10:50You know that it's a building for lease and sometimes you cannot pre determine what type of tenant you're going to get in this particular tenant to be legalized needs this, this, these variances.

2:11:08Thank you. Remember, Osborne seven and eight, please. More. More. This is member Osborne when you purchased the property what were your plans to rehabilitate the building and lease it out.

2:11:48And we'd be conducting any other business than what you've spoken of our record today. No, thank you. Member Marshall nine and 10.

2:12:02How are your request benefit the other businesses in the area.

2:12:14I don't know if I could say that the request would be a benefit. I just know that it would not happen adverse impact on neighboring businesses.

2:12:32And just for clarification. This is privately owned property and not city owned property. Is that correct.

2:12:37Thank you.

2:12:40I do have a couple of additional questions and, you know, I think that I think we've honed in pretty well on the spacing and the fact that, you know, you're doing bumping paintwork, which is, in my mind different than the other two uses in the proximity.

2:12:58But I want to drill down a little bit on the parking.

2:13:04Have you made any efforts at all to try and secure a joint parking agreement with a neighbor that maybe has a, you know, some extra parking or a lot or anything.

2:13:16There, there's, there's actually no lots other lots close to the building on that south side of Davis.

2:13:29What about that vacant property that's.

2:13:33To the to the south. Yeah, that's something well that that's owned by someone who probably is not going to.

2:13:45This property is owned by Hund's bank, and I did acquire about this partial property, and it is not for sale. Okay.

2:13:56The owner planted hundreds of streets, and I don't know what they're going to do with this.

2:14:03Hund's bank purchase some 47 acres of land throughout the city, and plant the trees on all of them. So it's not not up for sale. Okay.

2:14:17I'm glad that he's made an effort.

2:14:22So I own a business and live in court account. And with the, with the rate of development that's taken place here we have an extreme parking deficiency so I'm a little bit sensitive to parking.

2:14:38But I do understand the size of the building. And, you know, the likelihood that you really don't need 23 spaces so I mean I know so I get it. I'm just a little sensitive to parking that's all.

2:14:52Any other questions for the petitioner or member car. Thank you. This is a member car, along with the parking question. Do you know how many employees, the tenant has that will be on site.

2:15:10Two, nothing including me just to you said two. Thank you. Any other questions for the petitioner.

2:15:24Okay, if you want to go ahead and step back we're going to move into public comment. And after public comment you'll have an opportunity to rebut any negative comments that are made.

2:15:35All right. If you're in the auditorium today and you want to make a specific public comment to 6000 6,014 and 6020 East Davidson please come up to the microphone.

2:15:53Okay, see and nobody will switch to virtual public comment. If you're online and you want to make a public comment specific to 6000 6000 14 or 6020 Davidson.

2:16:06Please raise your hand public comment for 6000 Davidson, please raise your hand. Anybody director. No hands. Okay, no hands raised so we're going to go ahead and close out public comment and move into a board only discussion.

2:16:25And as always emotion is in order. Remember Watson, I think it's very admirable that Mr. Mars that would make the effort to make his establishment legal, having encountered a tenant in this particular endeavor with all the vacancies and everything

2:16:53going on in that area, I will be in favor of granting the variances necessary for the applicant to continue in his endeavor at this location, I think it would be a asset on that corner.

2:17:15We helped him to establish a legal bump in paint establishment. Okay, remember I was a little taken aback or concerned when the petition, the petitioner said he wanted to make it legal that made me think that he had been operating illegally

2:17:43over the years but upon the explanation of the tenant space. I do appreciate that, and I definitely appreciate the owner of the building, wanting to make sure that they were in compliance, having a tenant there.

2:18:01I'm glad that they're there with their own record as far as storing chemicals paints solvents strippers, as far as the paint itself dangerous chemicals storing them indoors making sure that they're properly placed away and be parking.

2:18:23On our chair as far as the parking that we've seen in the, in other districts, and with residential properties parking being a premium, but driving through the area viewing the site with my own eyes I understand that there's heavy industrial

2:18:41junkyards gas stations commercial, like we said the shopping cart world got some hurdles to climb there, so I will be in favor of making the approving the variance for parking and over concentration.

2:19:05Over concentration what does it for me is the fact that they're doing bumping paint work and nobody, nobody else in the area is doing that, especially not the two businesses that are within the 1000 feet.

2:19:20And like I said before I'm sensitive to parking but in this particular circumstance.

2:19:29I mean there's, I mean quite frankly there's not a whole lot going on over there right now doesn't mean that there won't be in the future, but it's a very large building and based on what their use of that building is today.

2:19:46I don't think they need that many spaces anyway so I'd be in favor of grant granting both variances as well. Member Bowman. Yeah, hi.

2:19:56I'm in favor of granting this variance I didn't seem to be any significant objection.

2:20:06It is within our authority. And even though of course it is a variance on the ordinance but that is why we're here it's within our authority.

2:20:16So, without any further delay. I'd like to, I move, I move to grant petitioner, Nathan Harvey's request on behalf of owners Stanley Mars act to grant their petition regarding 6000 6000 14 and 6020 East Davidson between Dwyer and gable and the M4 and test intensive

2:20:46industrial district, Nathan Harvey is requesting the dimensional variance to establish a light duty vehicle repair establishment bumping and painting in an existing 11,197 square foot building.

2:21:02And this has been approved with conditions in BC case number SLU 2025 - 00168 on the decision date of September 9 2026 on the effective date of that was September 23 2026 the board shall be authorized to hear dimensional variances requests

2:21:23for matters that are beyond the scope of BC 10% administrative adjustments for variants of minimum setbacks deficient parking and 50 dash 12 dash 131 retail service and commercial uses spacing over concentration of uses within the 10 1000 feet.

2:21:45We have one 6200 East Davidson light duty vehicle repair facility, three and 37 feet away, and to 17 for 91 month light duty vehicle repair facility 560 feet away sections 50 dash for dash 131 and one and six vehicle permitted dimensional variances and 50 dash for 121 approval

2:22:14specifically to I firm on regarding 60 I'm sorry 50 dash for dash 121 that that the business is consistent with the master plan on that there are practical difficulties preventing the petitioner from carrying out the strict letter of the chapter.

2:22:56That the variance will eliminate a practical difficulty to the applicant, that the requested variance will have no significant adverse impact on the health safety or general welfare of surrounding property owners or the general public or upon the natural environment,

2:23:19any adverse impacts resulting from the variance or administrative adjustment will be mitigated to the maximum extent practical, and that variance is required to compensate for some unusual aspect of the site or proposed development that is not shared by landowners

2:23:46in the general special circumstances and conditions that account for the need or variance or administrative adjustment is not the result of the applicant's actions, and that the administrative adjustments will not permit the establishment within a zoning district

2:24:03use which is prohibited within the district. And finally, that the variance on administrative adjustment will not do substantial well, I'm sorry will do substantial justice to the petitioner, as well as to property owners in the district,

2:24:29and a lesser relaxation you would not give substantial relief to the petitioner. That's where I move a motion and a second. All those in favor.

2:24:44Motion carries. These days, 25,000 one six Nathan Harvey requesting dimensional variances to establish a light duty repair establishment bumping and grinding has been granted that say bumping and bumping

2:25:04and paint grinding.

2:25:20I want to know if y'all will pay attention.

2:25:25Okay.

2:25:34All right, Mr. Harvey you're, you're, you're all set you're batting 1000. See you. We'll see you next time I'm sure we got one more. Okay. BCA case.

2:25:51I'm sorry if I'm mispronouncing the location is 355 West Grand Boulevard between Porter and shady lane and an R5 medium density, density residential district, Kendall Gansack request dimensional variances to increase the number of dwelling units

2:26:21at 347 West Grand Boulevard from 10 units to 18 units while constructing an adjacent 10 space surface lot at 355 West Grand Boulevard approved with conditions and be building safety, engineering and environmental department BC case, SPR 2026

2:26:43as 00043. The subject site is within a R5 zone medium density residential district, we will now hear from Inspector pure for it.

2:26:57Thank you director, we're here in this case, because the board shall be authorized to hear dimensional variance request for matters that are beyond the scope of the building departments 10% administrative adjustments for various of minimum setbacks.

2:27:08The actual variance is needed for this case is a deficient side yard setback for off street parking. Here in this case under section 541316 permitted dimensional variances and 54121 the approval criteria.

2:27:20Here in this case under the legal description attached our attorney will assess ownership, the building department site plan approval dated August 18 2026 states BC has completed the review of the application and plan submitted on July 14, 2026.

2:27:34Currently legal land use of 347 West Grand Boulevard is multifamily dwellings 10 dwelling units under building permit 36899 issued in May of 1977 355 West Grand Boulevard is vacant land approximately 6067 52 square feet for demolition permit issued in

2:27:55May of 1977, the applicant proposes increasing the number of dwelling units at 347 West Grand Boulevard from 18 units from 10 units to 18 units, while constructing an adjacent 10 space parking lot at 355 West Grand Boulevard, and this project is located

2:28:14under the federal farms local historic district review site plan review and a certificate of appropriateness shall be obtained from the historic district commission prior to issues of building permits, the above properties are zoned are five, which

2:28:27is medium density residential district, the proposed uses of multifamily dwellings and parking lots or parking areas for operable private passenger vehicles are both permitted by right in an hour five district.

2:28:38This special land use hearing is not required. However, as greater than 12 dwelling units are now being proposed at 347 site plan review is required under Section 50 1422 expansions and increases in intensity off street parking spaces is proportional

2:28:55of expansion or intensification for the proposed land use eight additional dwelling units under Section 50 1434 the zoning ordinance, BC can provide a 25% public transit reduction, which is three fourth parking spaces per unit or six off the parking spaces,

2:29:11as the project is within a half mile of high frequency transit corridor which is West Vernon Avenue six off the parking spaces are required 10 spaces are included which includes one handicap accessible parking spaces, and that meets the parking requirements.

2:29:27Under Section 5036 for the 10 space parking lot at 355 West Grand Boulevard, a 10 foot size setback is required. Seven foot residential size setback is proposed as a three foot deficiency as a side setback deficiency exceeds BCS administrative

2:29:44adjustments authority a dimensional variances required for the BCA. So the site plan was approved, but they have to come to the board for a three foot deficiency for a side yard setback for the parking lot.

2:29:58The subject site, the building is located on Boulevard and Porter and the parking lot is immediately adjacent to the north of the building, so you'll see the building and this green space is where the 10 space parking lot will be in a front view of the subject

2:30:13is if you're looking down the ground, Grand Boulevard looking to the north, this is the corner of the intersection of Porter in the Boulevard. This is a closer view of the vacant land for the 10 space parking lot.

2:31:08Porter and the Boulevard residential property on opposite side of the Boulevard of Porter, long view looking down the side of the property looking down Porter, looking to the west front of the subject property.

2:31:31Again this is a side of the subject property on Porter Street, you're looking down Porter view of the alley behind the subject properties alley also leads to the vacant land for the parking lot, and just a view looking back up towards the Boulevard

2:31:52again this is a case for three foot deficiency on side yard for the 10 space parking lot next place to visuals. Thank you inspector for. Alright, hopefully our practitioners online.

2:32:09Hello. Hi Kendall. Hi. All right.

2:32:18Are you going to be the only person speaking today. I believe the owner, Omar heart Hernandez is online as well. I'm not sure if he'll be speaking, but I'll be here on behalf of the owner.

2:32:31Okay, let's just, let's just swear both of you and just in case we have a question for Mr. Hernandez. Okay, we'll need, we'll need him to unmute, and we need your, both your names and addresses and then inspector here for will swear you with.

2:32:47Okay, my name is Kendall Gantas address is 555 South Old Woodward suite 12 L in Birmingham, Michigan.

2:33:00Mr. Hernandez. Yes. Yeah, we could get your name and address and then specter prayer for will swear you in. Sure. Omar Hernandez.

2:33:1415728 champagne road, Allen Park Michigan for a one on one. Would you both raise your right hands. You affirm your testimony for the war today's truth. Yes. Thank you.

2:33:29All right, Mr. Hernandez, the first thing that we need to do is establish standing to make sure that you have, you know, proper ownership, or the ability to make decisions for the property, we're going to do that with our attorney, Erica Savage.

2:33:44Good morning. Again, Erica Savage on behalf of law department had to turn on my camera here on these questions are designed to assess your standing, this went to section 50 dash three dash three the city of Detroit zoning ordinance, any petition who

2:34:05any petitioner to the board is on the appeals must possess efficient standing which means you either have a legal interest in the property, or you're authorized by the property owner to appear today on their behalf, based on the search of the public records for the

2:34:20property at 355 West Grand Boulevard we obtained a quick claim be recorded on September 8 2017 at library 53929 page 603 and reflects the owner as Hubbard farms, lost LLC.

2:34:38So you can you please describe how you are affiliated with Hubbard farms, lost LLC both of you. I am 100% owner of that LLC.

2:34:54Okay, and you've authorized.

2:34:59Miss.

2:35:00Miss Kendall, I can't say your last name.

2:35:04Can cast. No worries. You, you authorize miss can cast to appear here today on your behalf. Is there anyone else who will be authorized to speak on behalf of the property throughout this process, as far as I know just Kendall.

2:35:21Is that true. Yeah. Okay, well based on the plate statements place on the record as a sole owner of public farms LLC. I'm satisfied with standing to proceed.

2:35:35Okay, thank you attorney savage. All right, Mr. or Miss.

2:35:41Gank has what brings you before the today. Yeah, so thanks everyone for your time today. I'm representing the owner today. I'm the civil engineer on the project. We're with stone field engineering.

2:35:57Today we're requesting a dimensional variance to allow a seven foot side setback for an off street parking lot where 10 feet is required by the zoning ordinance per section 50 dash 13 dash six.

2:36:11This variance will allow us to provide onsite parking in support of the revitalization of an existing historic building into an 18 unit multifamily residential development.

2:36:23As stated, the properties located at 355 West grand Boulevard at the northwest corner of order and grand within the Hubbard farms neighborhood.

2:36:34The site consists of an existing two story building with a half basement that has been vacant for several years, along with an undeveloped parcel behind it.

2:36:44The proposed redevelopment will revitalize the existing building into 18 residential units site improvements also include a 10 space parking lot with one accessible space, a concrete sidewalk, trash enclosure landscaping and a four foot masonry screening wall.

2:37:05Our requested variance is necessary due to the existing buildings location and the constraints of the combined parcels. The parking area has been designed using the minimum dimensions for parking spaces, drive aisles and sidewalks, allowing for the maximum possible

2:37:23setback of seven feet while maintaining functionality of the site. The parking lot will provide 10 onsite spaces where none currently exist, giving future residents convenient parking and reducing reliance on on street parking.

2:37:41The four foot masonry screening wall and the remaining seven foot buffer will also provide separation between the parking area and the adjacent property.

2:37:51We do believe all the variance criteria are met because of the because the requested three foot parking setback deficiency is necessitated by the unique constraints of the existing building.

2:38:05The setback deficiency has been minimized to the greatest extent possible and will not adversely impact neighboring properties or public safety granting this variance will allow for the rehabilitation of an underutilized property into housing with functional onsite

2:38:23parking while maintaining the intent of the zoning ordinance. And based on these factors, I respectfully request your approval today. Thank you. Any questions for the petitioner seems pretty straightforward really member car.

2:38:46Good morning, member car. How will the parking area be accessed. Yeah, the parking area will be accessed by an alley that comes off of order street. Is that shown in the diagram. Yeah.

2:39:07You can see on the left side of the site plan there's two arrows. That's the area where cars would enter an exit from the public alley.

2:39:17That's fine. Thank you. Any other questions for the petitioner. I have a couple questions that aren't really related to the, to the case but how was the building.

2:39:41Omar are you aware, I'm not completely sure. It's, it's about 120 years old, it's like from 2000, no 1907 I think, if I was thinking, finished construction, something like that. Okay. And then, you know what your rents are going to be yet.

2:40:01Yes, there is a, there is a scale. I can tell you approximately, you know, there's, there's some low, low income, starting from eight, eight to 25 maybe for a small studio to maybe possibly 1314 hundred for a two bedroom.

2:40:19Okay. And you got a mix of studios one and two bedroom. Correct. Yes. Okay, I believe there's like six studios, eight, one bedrooms and four two bedrooms on the second. Okay, well we appreciate the well prepared presentation and looking at the renderings and stuff it looks beautiful so hopefully we can.

2:40:42It's beautiful building. Yeah, hopefully we can get you over the finish line we'll see. Any other questions for the petitioner. Miss card. Just as a follow up on the parking.

2:40:54You've identified 10 parking spaces, and you have 18 units proposed will those renters that need parking spaces but don't have don't qualify for the 10 spaces you have get any adjustment to their rent or how will you deal with that.

2:41:23Yeah, well, they, they wouldn't be paying. Yeah, there's there's obviously tree parking on both sides of Porter, and, and, and what's my Boulevard just not enough for all 18. So, you know, there are, there is some parking spots basis on both sides.

2:41:41Right. Any other questions. Okay, thanks. All right. Seeing none we're going to hear from our departments now, and you'll have an opportunity after afterward to speak on your presentation.

2:41:57If need be. Okay, Mr. Lowe. Good morning Mr chairman morning honorable body staff members and general public. It will low BC zoning.

2:42:13This project was reviewed under site plan review as the ordinance requires site plan review if there's 12 or more residential dwelling units.

2:42:23The reason we are here is, is lack of two feet.

2:42:29The ordinance requires for accessory parking within a residential zone to have a 10 foot setback.

2:42:38BC can offer a 10% or one foot reduction. So therefore the actual deficiency is two feet.

2:42:48As you can see from the photos and the site is the dimensionally limited. They do provide the front setback and as you can see the parking will enter in from the rear, but for lack of two feet, I think it was a point but lack of horse the war was lost but a lack of two feet.

2:43:10This is a reason why the deficiency is, is necessary. But again, we did approve it and we know that those as conditions within the site plan approval letter.

2:43:24I have nothing else that I have any questions for Inspector low, being none. Appreciate it. Thank you very much. Thank you, sir.

2:43:37If we can have a miss gang cast back up we're going to go through our approval criteria. Yep. And remember Johnson if you can do one and two, please.

2:44:01Remember Johnson here, according to the SPR report the master plan indicates that your land is deficient in three feet for setback. Do you agree with this decision, why or why not.

2:44:14Yes, we are deficient or the side parking setback from three feet. And with the boards allowance of a 10% reduction, we're actually deficient two feet. Can you explain each deficiency and why you cannot meet the letter of the ordinance?

2:44:47Yes, so the letter of the ordinance indicates that a parking setback of 10 feet is required on the properties north side where we're abutting an adjacent parcel due to the buildings existing location and that we are rehabilitating it.

2:45:07We can't provide a parking lot with compliant dimensions as well as the 10 foot setback and we are only able to provide 7 feet of that setback. Thank you member car 3 and 4, please.

2:45:35Sounds like it's hungry.

2:45:45Grant the variance, what will it do for your business and the site that you're building on.

2:45:58Sorry. Yeah, it will allow us to provide a 10 space parking lot where if it weren't approved, we would not be able to provide any parking besides on street parking for the future residents.

2:46:15Explain how your business will not cause any adverse impact on the other businesses around you. I can repeat that. Explain how your business will not cause any adverse impact on the other businesses around you.

2:46:42Yeah, so this will not impact any surrounding businesses or properties negatively because we are providing a 4 foot screening wall adjacent to the parking lot as well as the 7 foot buffer.

2:46:58We're providing an otherwise compliant parking lot, including landscaping throughout the site. Thank you. Member Marshall 5 and 6, please. If there are any adverse impacts, how will you deal with them?

2:47:26So, we believe there are no adverse impacts. The parking setback deficiency was mitigated to the maximum extent possible with the minimum parking length and aisles and sidewalk dimensions, leaving 7 foot width for a parking setback buffer, which we believe is sufficient for this development.

2:47:48Okay, and can you tell us what is special about your site that's different from others around you?

2:47:55What's different about our site is that it is an existing historic building being revitalized. We're not demolishing and building new. So this constrains our site dimensionally as we can't move the building.

2:48:10Our main goal is to maintain the character of the historic building.

2:48:15In addition, several of the neighboring properties are single family homes where parking is typically provided with a driveway or street parking. Whereas we have multifamily units.

2:48:30There will be 18 of them, which presents the need for a designated additional parking area.

2:48:377 and 8 member Osborne.

2:48:47Sorry, Mr. Gancast. I'm sorry. Yeah, Gancast. Yep, that's all right.

2:49:04When you purchased the property, what were your plans?

2:49:10I believe Omar can speak on that. Yes, yes. My plans are always to redevelop the property. I was just waiting for the right opportunity to do it.

2:49:21And I did Capital Impact, did a study on it a few years ago, and they're the ones that came up with the idea of doing some 2018 units, you know, more visibility for it.

2:49:35At the time, they wanted me to do it with other developers, but I chose to do it on my own.

2:49:46All right, I believe this question is also appropriate for Mr. Hernandez. Will you be conducting any business other than what you've spoken of on record today?

2:49:57Of the apartment building there is just rental units for low income housing, some of it low income housing.

2:50:04Both the apartments, the housing, the parking lot, variance. So no other business? No, no business here.

2:50:20Okay, Ms. Parker, 9-10, please.

2:50:25Board Member Parker, how will your requests benefit the other businesses in the area?

2:50:35Yeah, it'll benefit the surrounding area as it brings life back to this historic building.

2:50:42It'll turn into a much more visually appealing neighbor and also bring additional residents to the neighborhood and help fill up the Hubbard Farms neighborhood.

2:50:57Okay, is there anything we could have done other than what you're requesting today?

2:51:04No, anything lesser than this request would not allow us to develop a parking lot on the site.

2:51:15Yes.

2:51:17Is this, I'm sorry, did you have a question or comment?

2:51:22Is there, is this city owned property or are you outright on it, Mr. Hernandez?

2:51:27I own it 100%. Okay, thank you very much.

2:51:33Thank you.

2:51:35Any questions, Mr. Bowman, any questions?

2:51:42No.

2:51:43Okay, I got the wave off from Member Sherman, so good. Any additional questions for the petition?

2:51:49I have one for Mr. Hernandez. What's your timeline, just out of curiosity?

2:51:55This is the last step for our plans are drawn. So as soon as we get this approval, we're in front of different departments for the funding.

2:52:05I think that they're talking about closing with the next couple months. So maybe start in second quarter of 2027, the construction can start, if everything goes well.

2:52:19I have one great question.

2:52:20Member Carr.

2:52:21This really is an exciting project for that area. And I'm just, I just want to confirm that the apartment units, the units will all be ADA compliant and be accessible to those

2:52:39with different abilities.

2:52:44I believe the building. Sorry Omar, go ahead.

2:52:49There's one or two or four o'clock there are ADA compliant lower levels.

2:52:55Yeah, the building code only requires, I believe one of the units to be accessible.

2:53:04I believe we at least have one we may have two accessible units that are fully ADA compliant.

2:53:12Will that also mean the building is ADA compliant unless each unit has its own access point?

2:53:22The building would be seen as ADA compliant as long as the required amount of units are ADA accessible and compliant.

2:53:33Thank you.

2:53:36Any other questions? Okay, we're going to switch in over to public comment.

2:53:45If you please pay attention to the public comments if there's anything negative that's brought up about your development, you'll have an opportunity to read.

2:53:51But that all right, we're going to open up and crap.

2:53:56I lost you.

2:53:59All right, we're going to open up public comment in the auditorium specific to 355 West Grand Boulevard.

2:54:08Anybody in, you know, not seeing anybody in the auditorium.

2:54:12So we'll switch over to our virtual participants.

2:54:15Anyway out there online that wants to make a general or make a public comment specific to 355 West Grand Boulevard.

2:54:23Please raise your hand. Public comment for 355 West Grand Boulevard.

2:54:28Director River on seeing anybody. No hands. No hands.

2:54:32So we're going to close out.

2:54:33Excuse me. We're going to close out public comment.

2:54:37Move over to a board only discussion and obviously emotion is always in order.

2:54:42Any discussion at all. Member Osburn.

2:54:50Oh, remember Bowman. Yeah, I just wanted to say, I really like this.

2:54:55I am just kind of expressing my personal view here, but too often we see historic structures or at least say classic structures with that.

2:55:08Old styles of architecture get demolished by neglect.

2:55:13And this building does look like it's had some rough times, but I really admire the applicant for moving forward and making it usable again,

2:55:22which is no small task in addition to making it meet some of the new requirements, you know,

2:55:29code regarding buildings for habitation in the modern age.

2:55:35So I think that that's wonderful. And this is parking that didn't exist previously.

2:55:40But because of that side lot available, there'll be more parking, though it is less than the standard set in the ordinance.

2:55:50It is definitely a good move in that direction. There's more parking than there was before.

2:55:55So I see this generally as a win win. And BC proves this with our assuming we approve this variance.

2:56:06And so I strongly support this. Thank you. And I agree. I support it as well.

2:56:14Anytime you can get I mean, the developers doing a lot, you know, it's a weathered weathered building, historic building, which is sometimes difficult to get up to, you know, modern time,

2:56:28but always cost a little bit more to do it. So I admire the fact that you're doing that.

2:56:33And then also, you know, spending the money for for, you know, side parking lot, you know,

2:56:41I think it's really going to add to the community and get some cars off the street and make things a little bit more safe.

2:56:51So I'm in favor of the granting the variance as well. Remember, I make a motion BCA case two zero two six zero zero zero five eight location being three five five West Grand Boulevard.

2:57:05The request for a dimensional variance will increase the number of dwelling units at three seven four West Grand Boulevard from ten to eighteen while constructing an adjacent ten space surface lot at three five five West Grand Boulevard.

2:57:19Make a motion at this board approve the deficient side yards setback for off street parking reasons being that this is in a residential.

2:57:28I mean, this is a residential development in our five medium density district.

2:57:33There's a required ten foot required ten foot setback.

2:57:39They made every effort to try to to try to fulfill that the existing footprint with renovations to this property and the space the proximity to the to the property line have created deficiency that they can overcome.

2:57:57The approval of this variance will grant off street park in the future residents. This development will add to the to the residential this density in the area.

2:58:06They're going to add a screening wall landscape buffer and the parking lot will be compliant outside of the setback. There's no adverse impacts anticipated.

2:58:18This is a historic district. I mean a historic building in a historic area which makes it different from others. The off street parking will satisfy the residents in the in the surrounding community as well as those who will live here in the future.

2:58:32The petitioner spoke about redeveloping the property which is consistent with the site plans there will be no other business discussed taking act taking a action on that property when he's developing it.

2:58:47The, this will increase the residential density in the area and there are no other requests from the petitioner to this board. So, to restate my motion I make a motion that this board approve the deficient side yard setback for off street parking at 355 West ground

2:59:05boulevard for the off street parking second member card second. Okay, so I got a motion a second. All those in favor. Any opposed. Motion carries easy a case 2026 0005 eight kendall guard guard cast requesting dimensional variances to increase the number

2:59:26of dwelling units at 347 West ground boulevard from 10 to 18 while constructing an adjacent 10 space parking surface lot has been granted. Thank you Mr Chairman. Right, thank you.

2:59:40We're going to move over to general public comment. If you're in the auditorium, and you'd like to make a general public comment, please come down to the podium, seeing nobody will switch over to our virtual participants.

2:59:52If you're out there online on zoom and you want to make a public comment general public comment. Please raise your hand general public.

3:00:00comment for the BZA please raise your hand anybody record no hands all right

3:00:05we'll close out public comment any new business no new business all right our

3:00:09next hearing dates can be October 26 2026 any advisement yes remember you are

3:00:16going to receive two recordings this week one from April 13th where you need

3:00:24to listen to the hearing to review yourself of the case and we will be

3:00:33making a decision on that case next week you will also receive the the recording

3:00:40from October the 12th and you there was a vote last week for BZA case BZA case

3:00:582026 at 18425 Weaver the the case failed to receive the required votes for an

3:01:16affirmative hearing so we're going to send that hearing for you to hear it and

3:01:23have a vote on that case next week and as a reminder of that it's important

3:01:31that we have all board members present so that we don't have to do cases like

3:01:36this thank you mr. chairman okay any old business no business motion to

3:01:40adjourn I had one question director Ribron the case from April 13th which

3:01:47do you know which one that is that weird yeah yeah I apologize I got here just

3:02:09just what case BZA case 2026 000 to 10901 East Warren you all took that case

3:02:21under advisement you cannot take that case under advisement because BC will

3:02:26not accept new site plans thank you mr. chairman thank you sir thank you motion

3:02:33to adjourn some move second second all those in favor a pose we are adjourned

3:02:40thank you very much

``` The recording retrieved for this video turned out to be a Board of Zoning Appeals session, so it was not published here.*