Present, Mr. Chairman.
Our Board Member, Cheryl L. Gaston.
Present, Mr. Chairman.
Our Board Member, Tanetta Graham.
Present, Mr. Chairman.
Board Member, Michael Johns.
If not, he'll be right in need.
I'm probably less than five minutes.
That's why the problem is.
And our Board Member, Tyah Wynn.
Present, Mr. Chairman.
Also, here is Hillary Emerson, our Attorney,
our Executive Director of the Zoning Board,
Ian Haggerty,
and our Board Administrator, Lakeisha Dandy.
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So let's look at our schedule for this afternoon.
number one mi 2024 004050 2155 castor avenue that case is continued
what's the date mr chair um 12 325 at 3 30 p.m thank you number five mi 2024 007 587
what's the date mr chair um 12-3-20
1402 1408 to 12 north 50 street that case is continued to 12 325 at 330 and number six
MI 2024-007-588-4361-63 North 9th Street.
That case is continued to 12-325-330.
Are there any other requests for continuances?
Mr. Chair, can we see if there's anyone here
for 4361-63 North 9th Street?
Anyone for the applicant?
We are just a little unclear
who the applicant is here.
We have a couple of names
of llc okay as well as someone who's committed an email all right so mi 2024 007 588 4361 to 63
north knight street quality real estate quality real estate inc is the listed applicant hunting
accuracy acquisitions is the listed owner anyone in the audience
good evening mr chair this is jason hand i will be your calls for the session
I do not see any hands raised for the matter.
Thank you very much.
Thank you, Mr. Chair.
I just wanted to note for the record, we believe that an attorney is probably needed in this case.
Thank you.
Thank you.
Is there a Portuguese interpreter in the virtual audience?
Well, Mr. Chair, again, I do not see any hands raised.
Okay, so MI 2024-007-544-7001-35, Caster Avenue. Daniel Silva is the listed applicant. Caster Gas is the listed owner. We have no exhibits. This is the first listing.
Yeah, I do not see that name in the audience, but I have a hand up from a Monica Aguiar. I can allow them to speak very briefly.
Monica Aguiar please unmute
yes I am
a Portuguese interpreter
okay sure so could you stand by
could you please see if Daniel
Silva or
Caster Gas is in the
audience
Daniel Silva
está na audiência
and by the way let me
Daniel Silva
interpreter could you do me a favor yes all right
do you soundly swear or affirm that you will interpret accurately completely
and impartially from english to portuguese and from portuguese to english to the best of your
ability yes i do thank you very much and could you state your name for us my name is monica
aguiar m-o-n-i-c-a aguiar a-g-u-i-a-r thank you very much is there a do do we see anyone
daniel silva at all respond daniel silva daniel silva está presente
the interpreter doesn't hear anybody okay okay so there's no hands okay so this is the first
listing, MI 2024-007-544-701-35, Castro Avenue. This case will be continued. Mark must be heard.
The case is continued to 12-3-2025 at 3.30 p.m. And Interpreter, thank you very much.
Thank you very much for having me.
Could you put it on record, but there's no one answered, but okay. Interpreter,
could you do me a favor could you please state the date 12-3-20-25 at 3 30 will be the next hearing
okay a próxima audiência será no no dia 3 de dezembro de 2025
thank you very much interpreter thank you for your help thank you very much for having me
The interpreter will now leave. Okay, thank you very much. Number three, MI 2024-007-541-4329
Glendale Avenue. William O'Brien is the attorney.
so brian could you please state your name and spell for the court stenographer
yes good afternoon yes good afternoon william w-y-l-l-i-a-m o'brien
yes good afternoon william w-y-l-l-i-a-m o'brien o-b-r-i-e-n in the manioc law office
i'm here on behalf of teodosio santiago all right do you swear or affirm to tell the truth
the whole truth nothing but the truth i do our vice chair has a few questions sir
good afternoon counsel do you agree to wait to read another refusal or stipulate towards accuracy
i do have you emailed them all the required documents and exhibits as needed
to proceed with this case five days
in advance of this hearing. Yes, I did.
Thank you, counsel. Please proceed.
Thank you. May I share my screen?
Please.
Mr. O'Brien,
could you address the issue of the RCO?
Yes. On
April 8th, Mr.
Santiago, who's sitting to my left,
and I attended the meeting of the
Juniata Park Civic Association. There are
approximately 28 people there.
Ms. Kate
Clark is their
president. We received their support. However, the letter has not been received. I did speak
to the Councilman Lizardo's office. They're aware of the support, and they say the letter
will come, but they're just not sure. Okay, thank you very much.
I'm looking on my screen as to how I can share my screen, and I don't see it.
There we go. Thank you.
Let me give a brief introduction and narrative as to why we're here.
And it's unfortunate. I think it's a mistake.
Nothing's come up though, by the way.
Now I can.
Here it's coming up now.
A brief narrative just to introduce why we're here. And I,
I think it's, it's an unfortunate mistake.
um mr santiago bought this property as a triplex in 2008 the deed is attached to page 29 of the
exhibits um it was a triplex it was three three apartments he had they were all occupied he got
leases when he bought the building in 2016 he was issued a permit over the counter for a three-family
dwelling. That's also in the documents. It's on page 18. In 2023, Mr. Santiago found out that he
needed a rental license for these three units. So he went to the concourse level to get a rental
license. He met the person at the counter. The person at the counter told him, well, you can't
get a rental license because this is zoned single family. You need to get a variant. You need to go
to the zoning. You're going to have to file a zoning application, which will wind up taking you
to the zoning board. He did that. He contacted me in the beginning of 2024 when he was on the cusp
of coming to the board on that application, that refusal. I reviewed the file, reviewed the atlas.
I saw the 2016 zoning permit and I said, this is a mistake. You don't need a zoning permit. You have
a valid zoning permit. So I withdrew that action, that appeal. We then filed an appeal or an
application with LNI for a certificate of occupancy to make sure that the three units were fire code
safety, fire code compliant. And I'll go through that briefly in the package. After the original
submission of the plan, the request for an affidavit of continuous use was submitted,
um the plan examiner issued a final statement i think it was in
maybe august or october of last year mr o'brien after discussion with unit supervisors
it's been confirmed your project is required to obtain zoning and building permits this
application will not advance and no refusal will be issued since this is not the correct permit
type the application will be allowed to expire if it's not withdrawn so um an application was
filed for three family use it was refused and we're here today um the uh refusal
there's only one refusal and that's the the use um if the property is is the area is now
zone, RS a five, uh, and three family use is not permitted.
So this, uh, was refused, uh, the permit, the applicator, the, uh,
letter from this, the RCO is not here yet. Um,
the property itself, I have both interior and exterior photographs.
They were taken with different cameras. So they're a little bit difficult to,
you're a little bit difficult to uh center okay so that's the facade of the property 20
Okay, so that's the facade of the property, 4329 Glendale Street.
That is a side view.
It's two stories from the front, three stories from the back, and the rear view.
Now, following photographs, it's a little creative here.
so there's the entrance to the ground level apartment in the evening uh it's well lit
uh the next photograph is uh the living room of the first of the ground floor apartment
uh hallway showing uh the laundry entrance to the bathroom uh the bathroom
and the bedroom this is the second floor unit um hallway showing the entrance to the bedroom
and bathroom uh the kitchen and the bathroom this is the third floor unit
which I believe is the longest tenured tenant she's been there or he's been there 10 years
the kitchen and the bathroom so as I said in 2016 Mr. Santiago went down to get a permit
FILED AN APPLICATION, APPLICATION R-26744, INDICATING THE CURRENT USE WAS THREE FAMILY AND THE PROPOSED USE WAS THREE FAMILY, STATED 10-4-16, THE SAME DAY A THREE FAMILY PERMIT WAS ISSUED, SAME PERMIT NUMBER 726744, FOR MULTIFAMILY HOUSING, LIVING, THREE DWELLING UNITS IN AN EXISTING STRUCTURE.
um they also as this is also part of the atlas record this is a uh an assessment record from
back in 2016 i've highlighted the date again it's the same date the address 4329 glendale
and office of property assessment has it as apartment two to four units
um so this is the application was filed march 7th of 24 to get a certificate of occupancy which
would have been a required element to get a rental license. The next page is the plan,
which goes through the exit routes, the exit distances, the fire separations,
the window sizes to demonstrate that the units are fire code compliant. And if not,
what needs to be done to make them fire code compliant. The next
page is a certificate
or an affidavit of continuous use that
the plan examiner requested. And I can read that
briefly.
It is signed and notarized, signed by Mr.
Santiago and notarized. And it says
I acquired title in 4329
Glendale Street
May 29th, 2008
At the time I purchased the property
it was configured as a three-family dwelling
and each of the units was occupied
Since 2008, each of the three units
has been continuously occupied
The three-family use of the property
has not been interrupted
nor has the three-unit configuration
of the property been modified or changed