Thank you.
Okay, Chair, we have 24 attendees, and you can start as you wish.
Thank you.
Good morning, everyone.
My name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is our Vice Chair, Ismail Shahid.
our board member Thomas Holliman
and our alternate board member this morning
LeBaron Leonard Palmer.
Also present is our attorney Hillary Emerson
and our executive director Tanya Sunken.
Here's our virtual format. Be advised. Proceedings are being 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, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To an interference statement, call 267-270-5548.
Leave your email and the address of the property in question.
And finally, the question and answer box on the screen is not for comments or testimony.
Any comments should be directed to our Executive Director, Tanya Sunken.
Let's look at our continuances for this morning's meeting.
Number one, MI 2022-006-213-2551 West Silver Street.
that case is continued. Number five, MI 2022-006-279-5246-50
Belfield Avenue, that case is continued. And number six, MI 2021-005-123-931 South 18th Street,
that case is continued. Are there any comments relative to the three cases I've just continued?
no hands chair thank you are there any other requests for continuances
good morning chair this is Yvette Benton I'm your co-host for today
I see no hands at this time chair thank you very much we're going to take a look at several cases
that we do not have exhibits for.
Number three, MI 2021-003-092-41 North Robinson Street.
Larry Hawkins is the owner applicant.
There are no exhibits.
This is the fourth listing.
Mr. Hawkins, if you're in the virtual audience,
please raise your hand.
Chair, I see no hands at this time.
Thank you. So, number three, MI 2021-003-092-21-North Providence, I vote to dismiss.
Thomas Holloman, I vote to dismiss.
Ishmael Shaheem, I vote to dismiss.
number 10 mi 2021 003 057 4841 north 6th street leonard perez is the applicant no exhibits fourth
listing i see no hands at this time chair so number 10 mi 2021 003 057 4841
41 North 6th Street. I vote to dismiss. Thomas Holloman, I vote to dismiss.
Ishmael Shahid, my vote is to dismiss. Thank you. Number 12, MI 2021-003.
Thank you. Number 12, MI 2021-003-062-230 West Wensley Street.
Mohamed Najee is the applicant, no exhibits, fourth listing.
I see no hands at this time, Chair.
Number 12, MI 2021-003-062-230 West Wensley Street.
I vote to dismiss.
Thomas Holloman, I vote to dismiss.
Ishmael Shaheem, I vote to dismiss.
Number 13, MI 2022-002-900-5304 North 5th Street.
uh charles coxman is the listed applicant no exhibits this is the second listing
i see no hands chair the number 13 mi 2022 002 900 5304 north fish street i vote to dismiss
thomas holliman my vote is to dismiss
And number 14, MI 2021, 005-068, 2049 Shelton Avenue, Jamari Lee is the listed applicant, no exhibits, third listing.
I see no hands at this time, Cher.
So, number 14, MI 2021-005-068-2049, Shelton Avenue, I vote to dismiss.
I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
And number nine, MI-2021-002-889-2949-51 North Phillip Street.
Enoa Polino is the listed owner.
We have information this case is going to be withdrawn.
I see no hands, Chair.
So MI 2021-002-889-2941-51-North Phillip Street. That case is withdrawn. So we're going to go to our regular list.
Chair?
We have someone with a hand up by the name of Jamara Lee.
I think, okay, let me, I called that earlier. Let me, let me go back to it. Okay.
Ms. Lee, please unmute yourself and wait for the chair.
can you hear me could you state your name please and spell for the court reporter
my name is jamara lee j-a-m-a-r-a last name lee l-e-a right do you swear or for him to tell
the truth the whole truth nothing but the truth yes uh your case was called we had this is the
third listing we do not have any exhibits for your for your case okay so um what do that mean
it means that we've called it three times you've never turned exhibits in
exhibits okay all your paperwork so what we we have we have dismissed your case
okay so what where do i have to go from here um my sense is you should reapply
Okay. Okay. Thank you for calling in. We appreciate it.
We're going to go to case number two, and we're going to hear this with also case number four.
MI 2022-002-926-1430 South 6th Street. Richard DeMarco is the attorney. There is
a letter of non-opposition from Passion Square Civic, letter of non-opposition from Council
Member Squilla. And at the same time, we'll be hearing case number four, MI-2022-002-927-1426-28,
South 6th Street. Same letters were sent in for both cases. Mr. DeMarco.
Morning, Mr. Chairman, members of the board. Hi. Could you state your name and spell it,
please, for the court reporter, sir? Richard DeMarco, D-E-M-A-R-C-O, last name.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes. Could you identify your client in relationship to the property?
Could you identify your client in relationship to the property?
Yes. The client is Michelle Huang, who is the principal of the owner, LLC.
Our vice chair has a few questions for you, sir. Sure.
Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do. Have you emailed all the required documents and exhibits to proceed with this case five days in advance of this hearing?
Yes, I have.
Thank you. Please proceed and share your screen.
Okay. Thank you, everyone. Thank you, Mr. Chairman.
So, yes, the companion cases, the site plans are actually identical for each.
Let me start with the – so, obviously, the first case is the 1426-28 South 6 address.
The other is the 1430 South 6 address.
by putting on my screen the zoning refusal we're here for um this is a cmx2 property both
properties by the way this is not the corner property i'll show you that on when i get to
the photos so you can see exactly what frontage we're talking about this is an old uh actually
meat and sausage uh building first uh with one story um the property is on cmx2 we're proposing
three units in each of the lots. So two lots, three units each. We are refused because the
first floor space will not have a commercial use, but will be a residential unit. And there's some
dimensional variance as well. But I would tell you that three units are permitted as of right.
So in actuality, the variance is for the first floor to be a residential unit, but three units are permitted, which would be a commercial storefront and two units above.
So we're proposing to have solely residential on the first floor.
We did do revised drawings.
We met with the neighbors.
We revised our plan, and we actually eliminated one of the variances.
is we increased our rear yard depth you see here on your screen we had seven feet initially
and both properties have now been increased to nine feet so at the conclusion if the board is
willing we'd ask for a proviso one page for each case for revised plans. I'll get into the revisions
a little bit more detail but the other revision is we changed the full bath in the basement to a
half bath at the request of the neighborhood. But I do want to mention that on the floor plan,
we also added walkout access to the re-yard for the first floor unit, which is a bi-level unit.
So there is walkout access for that first floor unit. And I'll show you some photos and we can,
we do have neighborhood non-opposition. So I'll try to be as brief as I can. I do want to give
you a little bit of an idea of what we're dealing with. This property, I'll rotate
clockwise. I'm using my courser to designate the properties that we're talking about.
It's these two lots here. This lot, which says Maglio, is not included. This is a closed and
shut off. You can see bricked over windows here, a commercial storefront that is not in
operation. Our commercial use has been vacant for many, many years. There was an attempt to try to
do a use that's more consistent with CMX2 by the seller. That failed. No one wants to have
a commercial storefront in the middle of a block where there's been unsuccessful attempts in the
past at commercial uses. There's a grocery store on the corner, so that eliminated the owners
attempt to do a commercial grocery store, which would be consistent with CMX2. That was not
possible. So the seller only was able to get residential interest, which was my client that
purchased last year. I'll show you a couple other photos. Again, obviously, we're proposing to
demolish this and erect two three-story, three-unit structures. I included some interior
photos. This is the old use, which was the meat and sausage business. Looks like I have to rotate
this. I'll briefly show you the changes on the plan, and then we can move forward with
having my client accept testimony. Mr. Chairman, this was one of the additions. I'm circling with
Mr. Chairman, this was one of the additions. I'm circling with my course through the rear yard access.
That was the change, and I did not include the original plan, but we actually shortened the building in order to provide more open space.
That was the main changes to the plan. Here, we reduced the bathroom.
You can see here it's a half bath, and then there's a family room.
But again, it's a bi-level unit with walkout access to the rear yard.
Trash storage is available in the rear yard and on the roof deck for the tenants.
And the second floor unit will have a sealed trash storage closet.
And these were all negotiated with the neighbors.
This is my proviso plan.
Again, we have neighborhood non-opposition.
The proviso form, excuse me.
All right, so I'll ask Michelle to raise her hand virtually.
She can accept my testimony, happy to answer any questions.
So, Michelle, can you raise your hand virtually?
Ms. Wang, please unmute yourself and wait for the chair.
Hi, could you state your name, please, and spell for the court reporter?
Mr. DeMarco, you're an officer of the court. We will accept your testimony.
I can assess that all those facts are true and accurate, Mr. Chairman.
Okay. Questions from the board?
No, Mr. Chair.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Planning Commission.
Thank you, Chair Bergman.
David Fecto, F-E-C-T-E-A-U with the City Planning Commission.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Proceed, sir.
Thank you, sir.
Mr. Chairman and board members, the comprehensive plan recommends a change in zoning to residential single family at this location.
The applicant has shown that a hardship would be created if the ground floor commercial provisions of the code were applied.
Absent the commercial unit, the applicant is essentially requesting this lot be treated as a residential multifamily property.
The City Planning Commission recommends that the Board grant the removal of required ground floor commercial space for the construction of three dwelling units.
Thank you. Thank you, David.
Hillary, I'm going to vote these separately, okay?
Yes, Mr. Chair, thank you.
So, number two, MI 2022-002-926-1430 South 6th Street.
I vote yes with proviso.
revised plans, one page, stand by ZBA, March 29th, 2023. Thomas Holliman, my vote is yes,
with proviso. Ishmael Shaheed, my vote is yes, with proviso. Number four, MI 2022-002-927-1426-28
South 6th Street. I vote yes. Revised plans, one page, stamped by ZBA, March 29th, 2023.
Thomas Holliman, my vote is yes with provisos.
Kishmil Shahid, my vote is yes with proviso.
Thank you, sir.
Thank you, everyone. Have a good day.
But number seven, MI 2022-006-297-436 South 54th Street, Steve Masters is the attorney, letter of non-opposition from Cobbs Creek Neighbors.
Chair, Mr. Masters is coming back in now as a panelist.
Good morning, Mr. Masters.
Good morning, Mr. Chair, members of the board.
please state your name and spell for our court reporter my name is steve masters m-a-s-t-e-r-s
i'm with the law firm of just laws do you swear or for him to tell the truth the whole truth and
nothing but the truth i do could you identify your client in relationship to this property
my client is the property owner monet amos okay our vice chair has just a few questions sir
good morning counselor do you agree to waive the reading of the refusal and stipulate to
its accuracy yes i do have you emailed all the required documents and
Yes, I do.
Have you emailed all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?
Yes, we have.
Thank you. Please proceed and share your screen.
Okay, thank you.
Good morning again, Mr. Chair, members of the board.
We are here on 436 South 54th Street.
We have a refusal for duplex.
This is a single family zoning of RSA 5, and that's the only refusal that we have today.