Good morning again, Mr. Chair.
Good morning.
You've already been sworn this is 5041 Locust Street.
Yes, sir.
All right.
Could you identify your client in a relationship to the property?
Phyllis and Bob Elder.
Right.
the owners of the property this hearing was held already according to my notes is that correct
uh i i don't i don't see that uh it's on the list today am i right hillary
it was on the list and we received an exhibit packet
it was also it was heard on 11 30 was it not
i don't believe so but i will i will look and also i i'm not on the scheduling system right now
one of the staff may be able to answer this question better
this is fatina we're checking now
I don't mind presenting it again.
but i do let's let's we'll we'll we'll we'll have it in a minute
and it's 5044 sansum is that right now 5041 locust street excuse me chair i'm sorry
we don't have that case being heard on that day
Vern, it's 5041 Locust Street
Very good, I think
That may be the problem
And it says no RCO letter
And need tax clearance
It was a meeting on 11-1-22 with the Community Association.
It was a meeting on 11-1-22
With the Community Association
50-41 Locust.
i did send over what should pass for tax clearance uh to there is a packet that was
sent over is that true hillary yes we received the packet but i don't believe i received a tax
clearance or the rco letter there were screenshots yeah i think i sent over screenshots because for
whatever reason the ownership hasn't been updated on the system okay i don't believe i received those
I have the photos of the posting, but I do not see screenshots for taxpayers.
But I did just look on the city system, and the taxes are current through December 2022.
Correct.
So we're good there.
We just don't have the RCO letter.
That I do not have.
Sorry for the confusion, Mr. Chair.
That's okay.
But I am prepared to present.
Well, why don't we do it?
Thank you.
Why don't we go back?
Who is your client on this?
Phyllis and Rob Elder.
All right.
I'll be right with you.
I'm going to share my screen in a moment.
5041 Locust Street is an application for a two-family household living in an existing
structure. It is RSA 3, but it's on a block with several multifamilies, and this was a property
that was purchased recently by Mr. and Mrs. Elder
as a two-family dwelling,
the existing upstairs unit.
Mr. Chair, do you want me to wave?
You know what, Asia?
I think we're okay with it
because I think Hillary went over
all the different things that we needed.
So I think we're okay with it, Asia.
Here's the existing downstairs unit.
Do you verify that Mr. Anastasio does waive the reading of the refusal and stipulate to its accuracy?
Thank you.
Yep. So the two units are as already shown.
Here's a front porch. Here's a side alley.
We have a trash area here and a backyard with a shared alley in the very rear.
There are photos of the property in question.
As you can see, two separate doors.
There's the alley for trash storage that is a unique physical condition, both inside and outside that pose a compliance with a single family designation impracticable, given the two separate entrances, two separate doors, two separate units.
Here's some more of the interior photos.
and we also have proof of multiple electric and gas meters as well as two furnaces two water
heaters all predating my client's purchase of the property we did meet with the rco walnut hill
Community Association. We do have a proof of mailing of where 149 pieces of materials went
out. Based on my recollection of the Walnut Hill meeting, there was no opposition, but I do
understand you might have to hold it for something official. And with that, if my clients are online,
I do ask either Mr. or Mrs. Elder to raise their virtual hand.
Mr. and Mrs. Elder, please unmute yourself.
Hi, this is Rob Elder.
Hi, could you state your name and spell it, please, for the court reporter?
Hi, could you state your name and spell it, please, for the court reporter?
Yeah, Rob, R-O-B.
Yeah, Rob, R-O-B, Elder, E-L-D-E-R.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Thank you, Mr. Chair.
Mr. Elder, did you hear my presentation to the board this morning?
Is it true and accurate to the best of your knowledge?
And do you adopt it as your own testimony?
Thank you.
I have nothing further.
Questions from the board?
No, Mr. Chairman.
No comment questions or comments from the virtual audience I see no he is here planning commission
thank you chair Sarah bond city planning commission board members the comprehensive
plan recommends no change the existing RSA three residential single-family zoning at this location
however the appellant's hardship claim is supported with evidence of unique physical
circumstances and conditions of the property city planning commission recommends that the
zoning board grant the variance all right hillary the meeting was held 11-1
we can go today right um that that is fine mr chair okay thank you and mi 2022 004 473
5041 Locust Street. I vote yes. Thomas Holloman. My vote is yes. James Snell. My vote is yes.
Ishmael Shaheed. My vote is yes. Thank you, counsel. Thank you. And again,
my apologies for the mix up on the addresses. We're fine. Thanks. Take care.
Is there anyone in the virtual audience whose case has not been called on the 930 list?
I see no handshare. Okay. Thanks, everyone. See you at two o'clock.
Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearings.
With me is Ismail Shahid, our board secretary.
Present, Mr. Chairman.
Thomas Holliman, our board member.
Present, Mr. Chairman.
James Snell, our board member.
Present, Mr. Chairman.
Also, here is our board attorney, Hillary Emerson, and our ZBA hearing supervisor, Karima Quintana.
Before we begin, here's our virtual format.
Be advised that proceedings are being recorded.
By participating, you acknowledge your agreement to be recorded.
A video will be available by contacting tonyasunkett at phil.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email and the address of the property in question.
And lastly, the question answer box on the screen is not for comments or testimony. Any comments
should be directed to our Executive Director, Tanya Sunke. Let's look at our continuances for
this afternoon. Number nine, MI 2022-001919-1831 Airdrie Street. That case is continued. And number
11. MI 2022 004 478 716 North 40th Street. That case is continued. Does anyone have any questions
relative to those two cases? Chair, we have Mr. Patel. Okay.
okay uh hello sir i i think i swore you in last time what case do you want to talk about uh nine
three eleven voids lane
helry did you hear that um yes mr patel um we did not have the hearing this morning on on the case
that you are protesting for the case yes that case will be continued uh that case was continued
and will be held at another date that's why you were not given an opportunity to speak there was
no hearing am i be are you am i gonna be know what date is gonna be yes yes because you signed
up to the hearing today you will receive notification of the new date okay thank you
okay any other requests for continuance I see no handshare okay so I also have case number
I see no hands, Chair.
Okay, so I also have case number 14, MI 2022, 004385, 1530, 1520 to 28 South 7th Street.
Julie Bernstein is the attorney.
No exhibits, first listing.
Chair, we have Ms. Bernstein.
Hi. Could you could you state your name and spell for the court reporter, please?
Julie Bernstein, J-U-L-I-E, last name Bernstein, B-E-R-N-S-T-E-I-N.
Do you swear for them to tell the truth, the whole truth, nothing but the truth?
I do. We do not have your exhibits. This is the first listing.
We emailed them on Friday and I received confirmation that they were being reviewed on Monday.
okay they came from my assistant jessica welch okay
do we have anything i i did not receive any exhibits for this case um it may be that
there was a typo in the email so that it didn't get to me um so let's let's see if we can find
them your case is later if we can find them and they were timely i can review them quickly and
can hear it at the end okay okay all right
miss bernstein okay all right chair we also have strawberry mansions community concerns sure
please good afternoon how are you uh mr chairman good could you could you please state your name
just for the record and it's bonita reporter yes bonita cummings b-o-n-i-t-a c-u-m-m-i-n-g-s
and i do wait a minute wait miss cummings do you swear or affirm to tell the truth the whole truth
nothing but the truth i do proceed miss cummings what case i was just trying to get this position
on 2238 north 28th street i was that continued was um
Let me see here.
Hillary, do we see that?
I'm looking, Mr. Chair. Give me one second.
Sure, take your time.
Hold on. 2238.
2238 North 28th Street, Ms. Cummings?
Okay. Yes, we did receive, that's on the 330 list, and we did receive a request for continuance for that case.
Thank you.
All right. Is there any other request? Thank you for calling in. Is there any other request for continuance?
I see no handshare.
Okay, so we want to go to our add-on list.
So, number one, MI 2022-003-649-3000 West Schoolhouse Lane.
The vote on that has been changed.
It will be Wednesday, December 21st at 2 p.m.
Number two, MI 2022-004-094-2413R Tulip Street. That is a resumptive hearing that has been changed to December 21st at 2 p.m.
number three mi 2022 001 396 5813 is east worcester street that's a request for
reconsideration with that one more minute
i vote no to reconsideration and rehearing thomas holloman okay no to reconsideration
and re-hearing. James Snell, my vote is no to reconsideration and re-hearing.
That's what we expected. Ishmael Shaheed, my vote is no to reconsideration and re-hearing.
Thank you. Number four, MI 2022-001-057-3251 Fox Street.
I vote yes to reconsideration and re-hearing. Thomas Holloman, my vote is yes to reconsideration
and rehearing. James Snell, my vote is yes to reconsideration and rehearing. Ishmael Shahid,
my vote is yes to reconsideration and rehearing. Number five, MI 2022, 004-017-5427 Wayne Avenue.
This is a revote for additional provisos.
This is a re-vote for additional provisos.
I vote yes.
Proviso.
Trash stored in dumpster.
Commercial trash pickup six days a week.
Temporary special exception to expire 1-1-26.