Thank you.
can y'all hear me now yes okay all right cool and chair we have 42 attendees and we can start as you
wish morning everyone my name is bill bergman and i will be chairing this morning's meeting
with me is our vice chair ismail shaheed president mr chairman our board member
Cheryl L. Gaston.
Present, Mr. Chairman.
And our board member, Michael Johns.
Present, Mr. Chairman.
Also present is our attorney, Hillary Emerson.
Here's our virtual format.
Proceedings are being recorded.
With your participation, you agree to be recorded.
The video will be available by contacting
ZBA Executive Director at phil.gov.
For our court stenographer, we ask attorneys and witnesses
to identify themselves before testifying.
If you're participating by phone,
press star nine to raise your hand
and star six to unmute.
To enter the appearance statement,
call 267-270-5548.
Leave your email address
and the address of the property in question.
And finally, the question box on the screen
is not for testimony.
All requests should be directed
to our executive director.
That's ZBA, Executive Director, at phil.gov
Let's look at our schedule for today
Number one, MI 2024-003-538-1304-208
East Paschank Avenue, that case is continued
Number seven
M.I. 2024-003-731-2617-25 Grace Ferry Avenue. That case has been continued.
Number eight, MI 2024-003-732-1040 Wall Street. Joseph Consul is the attorney. I understand
there's a request for continuance. Good morning, Chair. This is Yvette Benton. I'll be your co-host
for today. Joseph Consul, please unmute yourself and wait for the chair.
Mr. Consul?
I'm here.
Hi. Could you please state your name and spell for the court stenographer?
Joseph Consul. That's J-O-S-E-P-H. Last name Consul. C-O-N-S-O-L-A.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Mr. Consul, we have information from the council member's office that this case is going
to be continued. Yeah, well, we had we had two formal meetings with the RCO. We made changes to
the plans for the second meeting. We thought that was going to be it. I mean, we had a lot of we had
really no no negativity, all support. But I heard from the RCO that they wanted to meet one more
time before we had any chance of getting their blessing, which we recognize we want and need.
So, um, I thank you. That's, that's the deal. Thank you, Mr. Counsel. So MI 2024-003-732-1040
Wall Street, that case has continued. Number nine, MI 2024-003-740-1324-26 East
Pashunk Avenue. Bernard Anastasio is the attorney. I understand this is a request for continuance.
Bernard Anastasio, please unmute and wait for the chair.
Good morning, Mr. Chair.
Counsel, could you please state your name as spelled for the court stenographer?
Sure. It's Vern Anastasio, A-N-A-S-T-A-S-I-O.
On behalf of Mr. Evan Roth, my client, occupant of the subject property.
You swear or firm to tell the truth, the whole truth, and nothing but the truth?
I understand from the counsel person's office that there's a request he believes.
I understand from the counsel person's office that there's a request.
He believes there's a request for continuance.
Is that correct?
The RCO has requested a continuance and we offer no objection.
All right.
Thank you very much, sir.
So MI 2024-003-740-1324-26 East Pass Shunk Avenue.
That case is continued.
And number 15.
MI 2024-003-935, 4422 Carr-Winthin Road, that case is continued.
Are there any other requests for continuance?
Chair, we have Raymond DiRizio with their hand up.
They've been unmuted and allowed to speak.
okay the hand was up it just went back down chair
okay now it's back up again Mr. Dorizio please unmute yourself and wait for the chair
thank you counsel uh could you please state your name and spell for the court stenographer
yes good morning Mr. Chairman and members of the board Raymond Dorizio r-a-y-m-o-n-d
last name d-o-r-i-z-i-o you swear or affirm to tell the truth the whole truth and nothing but
the truth yes i do mr terizio i have case number three um that we do not have any exhibits for
that's m-i-2024-003-551-2506 north 16th street is that the case you want to talk about sir
That is, yes, thank you. And we will be withdrawing that appeal, a separate one pending, which is in February. So this one we would be withdrawing.
And Hillary, we don't need a letter, am I correct?
No, because it has been withdrawn on the record by the attorney.
Thank you very much. Thank you, Mr. DiRizio. We'll see you in a little bit. MI 2024-003-551-2506, North 16th Street. That case has been withdrawn.
And number 16, MI 2024-004-744-4902 to 06 Rising Sand Avenue.
Angelo Parker is a listed applicant.
Sasha Cruz is the listed owner.
No exhibits first listing.
We understand there may be a withdrawal here.
Angelo Parker or Sasha Cruz, if you're in the virtual audience, please raise your hand.
I see no hands, Chair.
So, MI 2024-004-744-4902-206 Rising Sun Avenue.
Cases continued.
Mark must be heard.
We're going to go to our add-on cases.
Number one, MI 2024-003-742-5499 Quentin Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Ismail Shaheed, my vote is yes.
Number two, MI-2023-004-486-7201 Marston Street, I vote no.
Michael Johns, my vote is no.
Cheryl Gaston, my vote is no.
Ishmael Shaheed, my vote is no.
Number three, MI 2024-005-342-1901 North American Street. This case is continued to 11-6 at 9-30.
Number four, MI 2024-00127-5458 West Burke Street, cases continued until 11-6 at 9-30.
and now we're going to go start our regular list
and we're 14 excuse me mr chair there's one note for the record um number five on the add-on list
MI-2024-003175-6709.
MI-2024-003175, 6709 Essington Avenue. The vote in that matter has also been rescheduled to 11-6 at 9.30 a.m.
Thank you very much. I thought we were going to hold that one, but okay, thank you.
number 14
MI 2024
North Daring Street. Jermaine Harris
is the attorney.
We do not at this point have an RCO
letter. Mr. Harris
Harris is coming back in as a panelist now, Chair.
Mr. Harris?
Yes, good morning.
Good morning, counsel.
Could you please state your name?
It's spelled for the court stenographer.
Sure. It's J-E-R-M-A-I-N-E. Hold on. I'm trying to get my picture up.
Video, right?
Yes. Yeah. Yeah. My right. My video. Trying to get that up right now as we speak.
Okay. That's a lot better.
tell you your last name for the courts uh h-a-r-r-i-s where a firm to tell the truth
the whole truth is nothing but the truth i do could you identify your client and the relationship
to the property so my client is the owner uh applicant is isabel flores and our vice chair
oh i'm sorry right isabel flores is the owner of the property and she should be on this call
All right.
Our vice chair has a few questions, sir.
Good morning, counsel.
Do you agree to either read another refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?
Thank you, counsel.
Please proceed and share your screen.
Okay. All right. Good morning again. My name is Jermaine Harris, and I am the attorney for the applicant, the owner applicant.
and this is concerning uh the property at 2653 north uh darien street uh and basically uh what
the application for is for is for the legalization of a rare addition to a two-story structure
with a roof deck and it's a single family dwelling. Now I'm going to go over some pictures
so that way you can see what I'm talking about. This right here is the front of the building,
two-story, two-bedroom building. And this is a property that my client purchased in 2021.
She purchased it from a real estate developer, unknowing that there were certain, well,
she knew that there were she knew that these things were present but she didn't know uh that
these were not approved so this is the rear to the second story this is the rear
this is the rear of the uh building the rear addition and what we have is also
a rooftop deck
that was erected
that was also present
when she bought the property.
This is the front of it.
And this is another angle
of the particular
of what we're talking about
as far as the open rooftop deck.
This is a side view of the erection of the deck.
the deck hold on and this is another side view of the of the deck now we did
Hold on.
have a community meeting for this property on 1027 and a letter i thought that a letter was sent
to you guys uh but it's dated uh yesterday um but it it was only five because they took the
position that because it was only five members that was uh present that it wasn't enough to take
a vote so their position is that no vote was taken because it wasn't enough in their mind
and they didn't want to do they have a certain number that they were looking for which was six
but it's important that we did field the questions of the community that did appear
And actually, we had two meetings, and the voter turnout for both meetings were extremely low. The first was October the 10th, and the second one was October 24th.
24th. And again, the October 24th meeting that we had, it was still a relatively small amount,
so they elected not to take a vote. But of the members that came there, we fielded the questions
and they had no concerns whatsoever to it. They just felt that it just wasn't enough
members in order to make a vote so that's what we have here is the letter and i guess i can submit
that um since yeah i'll i yeah i was going to say i can submit that uh following this hearing but
yeah um hold on so
this is the deed
evidencing that the property
was bought in
2021 a deed of ownership
for this and it was
from a residential
it was from a real estate developer
let's get back
So this is the plans for the building. So we have here. This is the first floor. You walk into the building. You come straight into a kitchen bathroom.
and that's the first floor, kitchen living room, sorry.
Then you walk up the stairs, continuing up the stairs.
And then you have the first floor bathroom, first floor bedroom.
Bathroom right here.
and then the second bedroom with the bump out and the addition that was put on.
Then you walk up the stairs and you go to the roof deck,
which encompasses the entire length of the building which is reflected right here
so again this is a two-bedroom one bathroom two-story uh building with a with a rear addition
and oh uh in the open rooftop deck uh she's looking to legalize it it's important to note
also that English is not my client's first language and she didn't realize that there was
even an issue with this property until about a year ago when she got a violation from the city
and was told that this has to be legalized. No one had any problem. Mr. Harris, could we see
your referral? Oh, sure. Refusal.