ZBA Hearing - August 19, 2026

going to be redoing the parking or making changes to parking if so you're going to have to file a

separate application that's this is not part of the application the parking lot is where it is

right yeah we're not we're not doing anything with that i believe you testified that you were

going to be i don't have the correct terminology but you said something about the parking lot so

that could be something that you need to look in with regard to the parking lot but it's not part

this application i think he was referring to just maybe putting a fresh coat on top to

to avoid it if there's any chips or any potholes

let me just understand your question have you talked about that if you talked about the where

you're going to have the outdoor play in your plan yes over top of where parking was well the

the outdoor parking yeah well the outdoor plan is uh the outdoor play area is not part of this

application right now we were going for the use uh but of course the outdoor play area could in

fact eat up some of the parking would the outdoor play area be required for them to be able to

operate legally under state regulations that require no it takes away from space inside

however it's not it's not a requirement yeah oh you do it and do it i'll just put this again on

record parking is required so yeah again it's not part of this application

so if i may just interject uh verne uh if if you why don't do me a favor i think your your

attorney understands it yep we'll move on from there okay um questions or comments from the

virtual audience mr chair i do not see any further hands

No further hands, Mr. Chair, very good. Different. Yeah, we'll hold it. Okay. Thank you. So, so burn, uh, uh, the only where I am right now, I have a resumptive date of 12, a 26.

And, and I, um, and it's okay if I speak to the staff about getting that moved up, you, um, I, I just saw, uh, uh, Ian in the back wiping his brows.

as you said that but yeah you could yeah because he knows he knows i'm going to ask him yeah but

thank you he put his head down okay so so that that's where we stand it'll be a result of hearing

very good right now we're using 12-8 right understood and by then we we will have met

with the community uh in september 8th right yep and um shortly thereafter or before we'll have

the additional plans uh site plans that you're asking for thank you right is there anyone in

the audience whose uh two o'clock case has not been called i do not see any hands mr chair okay

so we have two cases left give us five minutes to get set up okay and we'll be right back when

we take five minute breaks it's only five minutes okay so we'll be back

all right good afternoon everyone my name is bill bergman i will be chairing

All right. Good afternoon, everyone. My name is Bill Bergman. I will be chairing this meeting

of the Zoning Board of Adjustment. With me is our Vice Chair, Tanetta Graham.

Present, Mr. Chairman.

Our Board Secretary, Cheryl L. Gaston.

Present, Mr. Chairman.

Board members, Michael Johns.

Present, Mr. Chairman.

Paya Nguyen.

Present, Mr. Chairman.

Also present, our attorney, Lynn Reuter-Huber, and our Executive Director, Ian Haggerty.

The hearing is being recorded and will be posted on the ZBA website.

By participating, you agree to be recorded.

This is an in-person meeting with remote participation.

Whether in person or in Zoom, if you're called to speak, please state and spell your name, then wait to be sworn in.

After that, each time you testify, please state your name.

To enter an appearance, indicate the property address on the Zoom webinar.

speak with a staff member

call the zba office by the close of business tomorrow please call 215-686-2429 and provide

your name email and the address of the property in question remote participation raise your virtual

hand when directed to speak when you call when you when you get ready to speak please click

join as a panelist button. Use the Q&A for only procedural questions, not questions about the

cases. If you are joining by phone, press star nine to raise your hand and star six to unmute.

In-person participation, if you're testifying, get close to the mic so that all can hear you,

including our court reporter. No talking, eating, or drinking during the hearing.

uh aggressive behavior will not be tolerated in in an emergency follow staff instructions the

the main exit is the double doors at the rear and to the left outside is the stairwell if you if we

are uh evacuating go to love park which is directly across the art street and please remain

here so we can account for you so let's look at our schedule for this afternoon number one

MI-2025-004-139-3861-NORF-17-Street.

This is the third listing.

We have no exhibits.

Kelly and Allison Naylor are the listed owners.

Zika Cavs Sample is the listed third party.

Good afternoon, Mr. Chair.

this is jason panda will be your calls for the session there are no hands raised for the matter

and i do not see this is the third this is this is the third listing so mi 2025 004 139 38 61 north

17th street i vote to dismiss michael johnson my vote is to dismiss cheryl gaston my vote is to

dismiss. Tonetta Graham, my vote is to dismiss. Hi, Owen, my vote is to dismiss. And MI 2026-00294,

8414 Hegerman Street. This case is being continued until 1-13, um,

1-13 at 3.30 p.m. in 27. How's that? All right, and we're going to go to what our first

case mi 2026 000 449 1233 south 58th street daniel davis is the owner the applicant it's pro se

mr davis

they'll be coming back in that's okay you can oppose you can pose mr davis

i am here can you hear me i i can mr davis please state your name

and spell it for the stenographer daniel davis d-a-n-i-e-l d-a-v-i-s do you do you swear or

affirm to tell the truth the whole truth and nothing but the truth i do mr davis our vice

chair has a few questions for you okay good evening um have you submitted your documents

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

application is for uh three dwelling units and it's an um and a property yes okay and do you

understand your refusal to be that um that use is prohibited in your rsa three zoning district

three zone and district yes okay all right so you can uh share your screen and tell us what you'd

yes okay all right so you can uh share your screen

like to do okay

it's coming up though i think it's like it's in the audience

you see where it says share your screen yes i'm there i'm just working on uh yeah the

screen that i think you open up you open up your documents first and you go to share the screen

So I believe I had it a few things open.

One second.

We have a letter of opposition from the 51st Ward 2.

Yes.

can you guys see my screen no we cannot sir okay one second

okay what about now um i see an empty screen right now but okay let me scroll up in here

let me scroll up yeah all right so here you you're up now you're up okay

all right here is the original refusal yes sir

all right

so i am aware that

It is a residential district, but I am also aware that directly across the street from the property, there is a multi-unit and three addresses to my left.

There are multifamily units directly around the corner at 5745.

There was an application approved for four single family units

and also parking for four to six cars.

So why don't you show us what you want to do?

Yeah.

I'll read it first.

One second. So at 1233, the proposed work consists of the interior renovation of the existing residential structure for conversion into three dwelling units.

the blueprint the the building footprint height existing appearance exterior will remain unchanged

uh each unit set up a little bit different the first floor will have two bedrooms

why do you look listen to me as you're explaining that one of you shows the photos for the plans

okay no problem let me go further than that easier yep no problem

we have all your paperwork that we need okay got it

okay here are my pictures pictures of the photos on the property

okay these are existing photos of the property

a big three-story house

for first floor interior

that's a second floor photo here a little bit mixed up but it's another first floor photo

second floor photo uh first floor common area going upstairs

first floor area existing kitchen

other view of the existing kitchen this is one of the third floor rungs

this is one of the third floor rooms

another third floor room another angle to third floor

another third floor room

uh another third floor room that's just a different angle of third floor room this is the second floor room

a different angle to the same room another second floor room

third floor bathroom existing

this is third floor existing bathroom

second floor existing bathroom this is exterior now um i know one of the

issues with the rco meeting was that uh trash and i know uh based on it's being three units it would

be required to have commercial trash there's plenty of space out here to store

a recycling and a trash bin for each unit

so so let me mention do you have plans for what you want to do yes i do yep why don't you show

the plans of what you want to do so we know how you're going to separate the building

got it okay so this is the existing plan of the first floor

the main entrance this is living area here this is living area here not now go inside inside now

this is existing kitchen pantry and other side of existing kitchen

can you just go to the proposed plans yes sorry about that

so this is the proposed pan of the first floor that you just saw main entrance uh

The stairway up to the first floor will be widened to 36 inches for plans.

Fire rated stairwell.

Fire rated will separate pretty much each floor.

Where the pantry was on the first floor will become a bathroom.

The kitchen space will stay the same.

The first floor will house a two-bedroom.

The second floor. Let me see. Here's the second floor. Second floor.

Can you zoom out so we can see the whole floor plan as you talk about it?

Yeah. One second. So this is the second floor.

Unit. This is steps from the first floor up to the second floor.

The entrance will be here for the second unit off to the right. Coming into the unit will be bathroom right off of the bathroom will be a living space kitchen storage pantry here will be the first bedroom.

here will be the second bedroom here will be the third bedroom for the second unit

all the windows are designed for the egress and here is the egress route

for the third floor unit

the steps from the second floor will continue around up to the third floor here

this will give access to the third floor this will be the unit entrance here

on the right will be the bathroom here will be the entrance to the first bedroom

it will be a kitchen and a dining space

this will be a second bedroom this will be a third bedroom

and again all the uh windows are set up for the egress and here is the egress routing to the steps

all right here the rest of the plans as far as the framing

uh again no exterior uh alterations will be done

here's the proof of the mailing of the rco meeting our rco meeting was i think it was june 29th via zoom

Here's the proof of the mailing of the RCO meeting or RCO meeting.

uh let me get down to the bottom

here is the the letter uh of the results from the zoom meeting rco

uh here is i got the picture of the commercial building that was uh

approved right around the corner 5745 thomas avenue

okay so my project details here

and then all through the neighborhood I took a few portraits of just empty lots

I know parking was an issue that the RCO raised and there's easily six lots within

the four block radius

right around the area of the house the daycare does pose a parking but only during the hours

operation um this is the other side of the uh that i can see from 12 33 58 street that spot

that block is usually all open at night as far as parking um up the street i don't have pictures of

that but there is a mox that that does contribute to parking issues on friday and then there is a

church that has a seven-day Adventist church that has a service on Saturday. So that does

have issue with parking. But in the neighborhood, there's access to

multiple forms of public transportation. And in the society we live in, everybody may not

own a car or drive in regards to the parking

issue.

These are just other vacant lots which don't take up parking.

In this corner here you see the edge of the church

which is the one, that's Frazier Street I believe.

This is another empty lot on Thomas Avenue.

um are there any questions for me in regards to what i presented questions from the board

yeah i have a few questions what is your intended use for the basement

the basement will be storage um storage for the first unit and uh hvac the mechanicals for the

first unit only the first unit so are the other where the other hot water heaters and electrical

i mean utility connection is going to be okay the utilities for the okay the utilities the water

will be there the third floor has a very spacious attic which will be um storage for the third floor

and that should store the hvac unit for the third floor also okay and so the only access to the

basement is through the first floor unit no the first floor will have an access to the first floor

unit and then there also be a rear access to the first floor plan again since when you were on it

you didn't zoom out I'm sorry yeah let me go that was roughly pages 50 I think my second question

is uh i i understand what you're trying to do but could you walk me through your uh hardship

argument okay here is the access to the basement for the first floor so it's only through the

first floor unit like you have to be inside there first floor and then uh let me see there is a

outside entrance to the basement also.

Do I have a picture of that?

I believe that was in one of the pictures.

Can you just zoom out so that the whole drawing sheet is visible?

Yes, ma'am.

Please. Thank you.

Okay.

Let me zoom in right here.