ZBA Hearing - September 2, 2026

exception for group living so mi uh 2026 003 493 5325 cursor street i vote yes temporary special

exception that expires 93 29. michael johns my vote is uh yes with proviso

Cheryl Gaston, my vote is yes, with Proviso.

Tanetta Graham, my vote is yes, with Proviso.

Ryan McAdams, my vote is yes with Proviso.

Ryan McAdams, my vote is yes, with Proviso.

Tia Nguyen, my vote is yes with Proviso.

Tywin, my vote is yes, with Proviso.

Layla Beebe, my vote is yes with Proviso.

Thank you.

Thank you.

We're going to move on to number 10.

MI 2026-003-146-7800 Busselton Avenue.

Augusta O'Neill is the attorney.

Augusta O'Neill has been promoted.

good afternoon counsel could you please state your name is spelled for the stenographer

sure augusta o'neill a-u-g-u-s-t-a my last name is spelled o apostrophe n-e-i-l-l do you swear or

affirm to tell the truth the whole truth nothing but the truth i do could you identify your client

a relationship to the property so my client is mayfair property llc as well as well as mayfair

parking llc they are the owners of the two parcels that are the subject of the application

okay our advice chair has a few questions sure good afternoon good afternoon you submitted your

documents and exhibits five days in advance of this hearing i did and do you weigh the leading

of your refusal and stipulate to the accuracy i do all right thank you can share your screen and

a seat. Thank you so much. Members of the board, again, my name is Augusta O'Neill. I'm here this

afternoon representing Mayfair Property LLC as well as Mayfair Parking LLC. They are the owners.

Mayfair Property owns the property at 7800 Busselton Avenue. Mayfair Parking owns the property

at 7800 Busselton Avenue. The property at 7800 Busselton Avenue is the Roosevelt Rehab and

nursing facility which you can see on the screen i'll have some more pictures of it

also in this building is the lexington renal care this is a dialysis center

as you can see at page 34 of the exhibit package that i provided to the board this is just an

aerial showing the overview of the properties that are in question again this is the roosevelt

rehab center that has a dialysis center in it. This is their existing parking lot. So the

application that's before you this afternoon is a proposal to consolidate this lot with this lot

right here, which is 7834 to 36 Busselton Avenue. Presently on this second lot is a home that's

not in good repair. My client purchased it with the intent of demolishing that single-family home

that's currently on it closing off that curb cut and expanding the parking lot um because of how

busy the the roosevelt rehab center and the dialysis has become after the proposed expansion

the proposed parking lot is going to contain a total of 45 vehicle spaces that's going to include

two van accessible spaces as well as three preferential spaces for carpooling van pooling

and any kind of hybrid vehicle that might visit center um the parking lot um as you can see

is right here this is just another shot of it um this is where that lexington re renal

care is that's driving a lot of the um the need for the parking um in addition to and sorry just

yet another closer aerial um again this is the parking lot that's currently in question

this is that single family home that we're proposing to demolish in order to expand this out

we're also going to be adding some landscaping as part of the improvements

included in my exhibit package at page 27 was a copy of the landscape plan as you can see we're

adding quite a few trees and shrubs we're adding 12 trees to the to the property as well as 47

shrubs we're also going to be adding some perennials just to make it look more attractive

at page 25 of my exhibit package i did provide a copy of the zoning plan

showing the proposed improvements the property is zoned rsa3 residentially zoned despite the fact

that as you can see this is obviously not a residential use because of that residential

zoning though we did generate two refusals with this application one of the refusals was because

in this residentially zoned district parking spaces are prohibited in the required front

side and rear rear yards the other uh refusal that was generated is the related to the side

side yard um i'm sorry really the rear yard so if i go back to the

so if i go back to the plan um as you can see we do have the side yard setback that we're required

You

to have we're supposed to have eight feet we do have it we're supposed to have 20 feet in the

rear but we do not have it um and so i'm sorry we don't have it on either and that's because

we're trying to maximize the number of parking spots that we're going to be able to use again

just because of how um how much of a need for parking there is at this location i will note

that the rear yard that this is already an existing non-conformity um if you can see from this aerial

i'm sorry

let's see

just trying to find it copy the aerial my apologies oh here we go

it was on the right page um so we're expanding it back so this rear yard this already exists so this

is an existing non-conformity but it's still one of the refusals that was noted um on the refusal

from lni um did want to note this is just a good um this just illustrates this is a image from 2025

five as you can see all along busselton avenue there's quite a few cars um within the parking

lot itself there's every single spot as you can see is taken so this is something that um

is very much needed um by in this area we did meet with the ronhurst civic association they

were the uh designated rco for this application we met with them back on august 11th we did

receive a copy of a letter of support from them um that's a tab two of my exhibit package we also

received a letter of support from councilman o'neill's office um i received it on monday so

i didn't have a chance to put it in my exhibit package but i believe that councilman o'neill's

office did separately send a copy of their letters of support um into the zba and we have it wonderful

Sorry, if you said that at the beginning when I was logging back in, I apologize.

With respect to the variance criteria, we would submit that this is the minimum necessary to afford relief.

It will be in harmony with the purpose and spirit of the zoning code.

It will not impair the supply of air or light in adjacent properties.

It will not increase the congestion in the public streets or endanger public health, safety, or welfare.

again we are taking 45 cars off the street with this application up from 26 currently the parking

lot only has um space for 26 vehicles for taking an additional 19 off the street um

as you saw in that picture i showed earlier the lot is already very busy so this additional

parking is going to benefit not only the patients the renal care um and if they have a family member

coming by to to to drive them um it'll benefit people receiving dialysis as well as anyone who

is in the rehab facility or anyone who's coming to visit them in addition to nurses doctors

technicians that are you know fighting for parking in this area um it would seem that the neighboring

property owners um also agree with that we meet the variance criteria given that they supported

the application um as the councilman o'neill's office uh with me this afternoon is abigail

selman she's the owner's representative for this afternoon um as well as leslie cunningham she's

our project engineer so to the extent that the board has any questions for other my witnesses

um we'd be happy to answer those do you want to have your testimony adopted absolutely abigail

can you raise your hand ms selman i should say

she's rejoining now thank you

hi can you hear me i do could you please state and spell your name for the stenographer

abigail selman a-b-i-g-a-i-l selman s-e-l-m-a-n you swear or affirm to tell the truth the whole

truth nothing but the truth i do uh miss selman did you have a chance to hear my testimony this

afternoon i did was everything that i said true and accurate yes and would you like to adopt my

testimony as your own yes thank you so much uh uh mr chair if you have any questions or if any of

sure questions from the board yeah i just have a quick question can you go back to the site plan

Absolutely.

And just kind of quickly walk us through how one accesses the parking lot.

Is it two-way traffic at both entrances, or how does it work?

how does it work

Thank you.

so there's currently an existing curb cut we're going to be reconstructing that

there's also a curb cut for that single family home that we're going to be removing

so it is two ways um so this is bustleton avenue right here and then this is glendale avenue so

anyone who's in the parking lot they can navigate in and out using either entrance

so you can come in off of busselton but then leave on glendale or vice versa

where's the main entrance or the entrance that the the folks that park in the parking lot will

use i see a ramp is that the is that the entrance that they that folks that are in the parking lot

would use this is the curb cut so this is the end i'm saying i'm saying or into the building

how do they get into the building let me see let me just um i see a ramp at the where it says door

ff 88 89 is that the is that the the entrance where where the right next to the handicapped

parking space is that where people will enter yes you can either enter the facility here to get in

or you could park your car and then use busselton avenue there's also an entrance on um glendale

avenue it's right here you can see steps i don't believe that on busselton avenue itself that there

is an entrance but let me pull up let's see no i just want i just wanted to see if there was

clear and direct access to a route into the building from the from the parking lot and i see

that there there is all right thank you thank you um yes okay so you said there were 26 spaces and

now is that currently there's 26 parking spots and that's just regular parking spaces does that

include any kind of van or so currently on the um parking plan there is a parking spot for the

handicapped right two actually so this is that ramp into the building that we were just referring

to um but with the uh improvements we're gonna still have the two van accessible parking spots

but we're also going to be providing um three spots for you know if you're coming by uber or

Or if you're coming using some kind of, you know, a service that, you know, I'm trying to think of.

Drop you off and pick you up. Yes, yes, yes.

Right, exactly.

Almost like valet, if you will.

Kind of like a valet, right.

All right. And so now you're going to have 45 spaces. Is that what I understand?

After the improvements, we're going to have 45 spaces.

that's regular spaces plus the two van plus there was something else you said so it's going to be

45 including those ada spots okay all right okay and this is going to include the dry vials and the

landscaping that is required for parking lots correct that's correct all right and um has the

Has the plan for the landscaping been approved, or it's it's my understanding that it has been approved, because in order to get the refusal issued, they my client would have had to have this reviewed by planning.

So I presume it's going to be reviewed a second time by planning at the building permit stage.

okay and then um when uh board member johns asked you about the access um you said something about

you could come into one entrance but you could is this walking to one of the other doors is that

what you were saying or and i meant that um so there's a curb cut off of busselton but there's

also a second curb cut so that if you wanted to you could drive through and be deposited out on

glendale okay all right thank you other questions i have two questions one what time does the

facility close the rehab facility or the renal care both so i will defer to miss ellen i believe

that the rehab facility is is 24 hours um but ms selman if if i'm mistaken please

Yep. Roosevelt rehabs 24-7, seven days a week, 365 days a year. The Lexington renal portion of it is about 5 a.m. to 7 p.m. daily.

yeah roosevelt rehabs 24 7 7 days a week 365 days a year

Okay. And then my second question is about the construction. Since there are some changes happening here at the site, will the entire current parking lot be taken out of commission during construction?

or will this be constructed in phases so that there's always some parking while it's being

implemented so it's my understanding that it's um going to be done in phasing for for that reason

just so that parking is available um so those existing 26 spots will be available and then

um you know there there might be just a couple of spots that aren't available just because

you know this is where that that home is so they might have to do a little bit of work down here

um in this area so they're still going to always be able to access those those 16 16 spots that

are currently on site 26. okay thank you thank you questions or comments from our attorney

no questions at this time comments and virtual audience

no hands planning commission nina solomonic with the planning commission in 2012 the property was

remap to rsa residential single family attached through a council bill the proposed use does not

align with the district plan recommendations to support commercial nodes along bustleton ave

the appellant has not shown that the property cannot be used in strict conformity with the

zoning code the planning commission recommends the board deny the requested variance mi2026

zero zero three one four six seven eight hundred bustleton avenue i vote yes johns my vote is yes

cheryl gaston my vote is yes tenetta graham my vote is yes ryan mcadams my vote is yes

iowyn my vote is yes layla bb my vote is yes thank you so much and i appreciate thank you

You're accommodating.

Right.

Okay.

Number 13, MI 2026-003-495-41 Maplewood Mall.

Daniel Conner is the owner applicant.

thank you Connor has been promoted

daniel connor you have been promoted can you unmute yourself please

there we go

sir could you please state your name and spell for the stenographer

my name is daniel connor d-a-n-i-e-l c-o-n-n-e-r

do you swear or affirm to tell the truth the whole truth and nothing but the truth

yes i do our vice chair has just a few questions for you sir good afternoon have you submitted

your documents and exhibits five days in advance of this hearing yes i have okay and you understand

that your application is for visitor accommodations yes i do okay okay yep and you understand that

visitor accommodations is prohibited in your zoning district that is correct

okay all right so thank you we have your documents you can begin to tell us what

you're trying to do so I'm trying to get my documents to you guys falls here okay

basically i i like to do uh overnight accommodations on both my first and second floor um

i would direct this the court's attention or the board's attention to the uh

letter of support that i received yesterday evening uh that was sent to the zoning board

either yesterday or today, and I think it's, if you're looking at it right now, paragraph three,

the neighbors and business owners are very familiar with the owner, and they support his

proposal. One neighbor did request that only one unit be used as a short-term rental,

which the applicant was made aware of he would prefer to have the option of using both short-term but

He would prefer to have the option of using both short-term, but if the right tenant came along, he would definitely consider a longer lease.

The 12th Ward supports this proposal, but requests a temporary term for this property.

Based on this letter, it seems like there are just two issues.

issues. One issue is whether or not both units will be amenable to overnight accommodations.

And the second would be how long. So I would request that all my exhibits, A1 through A10,

be moved into evidence and i would go down the list here real quickly uh a a one is the we have

sir sir we have all your documents you don't okay you don't have to we have them all okay um

are there any questions then um sure questions could you show us what it looks like

your apartment yes okay why don't we do that

here we go you see them yeah this is the front of the building

and what's on the first floor uh first floor is is a this is the first floor here right