okay chair we have 31 attendees you can proceed as you wish thank you good morning everyone my
name is bill bergman and i will be chairing this morning's eba hearing with me is our board member
james snell present chair our alternate board member lebaron leonard palmer from the division
of development services. Good morning, Mr. Chair. Also present is our attorney, Hillary Emerson,
and our executive director, Tanya Sunken. Here's our virtual format. Proceedings are being recorded.
With your participation, you agree to be recorded. The video will be available by contacting
Tanya Sunken at phil.gov. For a court stenographer, we ask that attorneys and witnesses
who identify themselves before testifying.
If you're participating by phone,
press star 9 to raise your hand
and star 6 to unmute.
To enter appearance statement,
call 267-270-5548.
Leave your email address
and the address of the property question.
Finally, the question box on the screen
is not for comments or testimony.
All comments should be directed
to our Executive Director,
Thomas Sunken.
Let's look at this morning's schedule.
number two mi 2023 007 126 469 irania street hillary fuelborn is the attorney also richard
demarco is the attorney for the permit holder and leonard reuter is the attorney for the city
mr chair you can call number five at the same time as well thank you
Okay. And number five, MI 2024-001-986-463 on Iranian Street, Hillary Fieldborn is the attorney.
Good morning, Chair. This is Jasmine, and I will be your co-host today.
Hillary Fieldborn will be coming in as a panelist.
And you can bring in Mr. Reuter and Mr. DeMarco as panelists as well. Thank you.
Mr. Reuter and Mr. DeMarco will be promoted as panelists as well.
Good morning, counsel. Could you state your name and spell for the court stenographer, Hillary? Thank you.
Good morning. My name is Hilary Fulborn, H-I-L-A-R-Y, and my last name is F-U-E-L-L-E-B-O-R-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. DeMarco, could you identify yourself, please, and spell your name for the stenographer?
Good morning, Mr. Chairman. Richard DeMarco for the property owner. My last name is spelled D-E-M-A-R-C-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Reuter, is he on?
He's just fine.
Oh, there he is.
Good morning, counsel.
Could you state your name and spell for the court sonographer?
Sure, thank you.
Good morning.
May it please the board, Leonard F. Reuter, R-E-U-T-E-R, Senior Attorney, City of Philadelphia.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Hillary, would you please start?
I understand we may have a request for a continuance.
Yes, Your Honor.
We are, my client and the developer have been having conversations, and it is my understanding
that this morning they were coming to an agreement, but we do not have anything signed and in
writing, so I am prepared to ask for a postponement of this hearing.
Mr. DeMarco?
Mr. Chairman, good morning.
My understanding is that Mr. Fitzpatrick did reach out to my client this morning, and
there's an agreement for Mr. Fitzpatrick to withdraw this appeal. This appeal should be
withdrawn. These two individuals are joined at the hip in this case because they
are part of a past subdivision. My understanding
is Mr. Fitzpatrick, and my client made certain commitments as well,
Mr. Fitzpatrick has agreed to withdraw this appeal. So this appeal needs to be withdrawn.
Thank you. Mr. Reuter?
mr reuter uh the city has no i we have no information or knowledge other than what
The city has no, we have no
information.
uh the board itself has seen through emails this morning so the city has no objection to
a continuance or however the board wants to handle this so so um we're going to continue this and mr
demarco this will be obviously continued for the last time and we're going to bring this back with
whatever the results of this conversations are, okay?
Thank you, Mr. Chairman.
I have one question.
I was not aware the board was hearing two cases
related to this property today.
Does this board have on its agenda
the appeal of the building permit as well?
All right, I might have a motion on that later.
All right, thank you.
Thank you.
So MI 2023-007-126-469 Arania Street,
and hold on.
number five
lose the chairman yes just give us one minute i seriously have some technical issues
I'm still here, right? I don't see Leonard anymore or Fuliborn.
We're trying to get him back, sir.
Okay. Sorry. I'm wondering how I survived.
Apologies, counselors.
No problem.
Thank you.
who's our it person this morning is it bill yes i'm here oh wait can you please
send another panelist link
to the chair?
The one that he was using is now asking
him to update his registration.
Okay, hold on one second.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Bill, were you able to send the link?
Yes, I did.
I sent you that in the chat.
I sent you the fact that I sent it in the chat.
Oh, I'm sorry.
I resend it, but I did resend the link to it.
I sent it to here.
Let me just put that in the chat.
Make sure that's the right place.
That's where I sent the link.
Oh, okay.
No, that's not the right email.
That's what's sending it.
Can you send me back the proper email then?
Absolutely.
Got it.
Thank you.
New address link is sent.
sorry everybody I don't know what happened there
all right so let's go back here no problem Mr. Chair we can hear you loud and clear
okay so number two MI 2023 007 126 469 Iranian Street and number five
MI 2024, 001-986-469 Iranian Street.
Both cases are continued.
Both cases are continued.
Thank you very much.
Thank you very much.
Leonard, could you say one?
So number four, MI 2024-001-545-101, Renard Place.
Fedefis Isomadonov is the owner applicant.
Appeal against L&I?
i believe uh mr is a midenoff is in the audience okay thank you
he has been promoted to panelists good morning sir could you please state your name it's spelled
for the Quartz Sonata.
Sir, you're muted.
Good morning, everyone.
Good morning.
Could you please state your name
and spell for the Quartz Sonata?
My name is Firdav Isomedinov.
Could you spell it, please?
f-i-r-d-a-v-s-i-s-o-m-i-d-d-i-n-o-v
do you swear or affirm to tell the truth the whole truth nothing but the truth
yes i understand you you want to withdraw this case is that correct yes okay thank you very much
If I could just, so it's clear in the record, the city has withdrawn its violation because it was written in error, but there doesn't appear to be a way for this board to put like a moot designation.
So we've asked Mr. Izo Medinov to withdraw his appeal, and he's agreed to do that.
So that's why, but I just want to clear in the record that we've actually, there is no violation.
So thank you very much. Thank you very much, Leonard. We appreciate that. So MI 2024 001 545 101 Renard Place. This case has been withdrawn. Thank you, sir.
Thank you.
We're going to go to number three, MI 2024, 00161, 5918 Park Avenue.
Al Nockmson is the attorney.
This is a resumptive hearing.
Alan Nockmson has been promoted as Penalist.
Good morning, Mr. Nockmson.
Good morning.
Good morning.
Could you just state your name, please, and spell it for the court's sonographer?
Yes, my name is Alan Nockamson, A-L-A-N, last name is Nockamson, N-O-C-H-U-M-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
So, Mr. Nockamson, this is a resumptive hearing.
We're going to have an update from the RCO, take public testimony, planning commission recommendation, and a response from you.
But would you want to start with a quick outline of the case?
So, yeah, I mean, you already presented the case, but Hillary and I both talk.
Why don't you just give us a little summary of where you stand?
All right. So so this this property was approved for a variance in 2015 as a triplex.
My client took more than enough time to to try to get this up and running.
And unfortunately, he allowed his permits and approvals to lapse.
Some minor work was done on the property to convert it into a triplex.
The property has a history of non-single-family use for this RSA-3 property.
In addition to the variance granted in 2015, there's a record in 1989 of this property being used as a boarding house with seven rooming units, as well as a daycare in 1987.
This is a rather large property, a lot size of over 4,700 square feet.
And my client just wants to continue doing the work legally by way of this triplex.
Mr. Nockton, what's the rest of the block look like relative to multifamilies?
So there is signal families here.
I did look at the city records.
it looks like 5912 North Park Avenue had a rental license. It's not current of eight units. And
5902 North Park Avenue has had a rental license of two units, but that is also not current.
But again, almost 10 years ago, this board, under similar circumstances, granted
But again, almost 10 years ago, this board, under similar circumstances, granted a triplex for three units.
The other thing is. Is it functioning as a triplex now?
Well, they started doing the work and they had to stop doing the work because they needed to, you know, go through this process again.
I would also say that North Park Avenue, as the chairman may know, is a half a block away from Broad Street.
So typically, from a planning perspective, you do see multifamily typically close to these commercial borders.
Thank you. Is there an RCO rep in the audience?
I have a hand up by the name of Sarita Brown.
So just to clarify, Mr. Chair, I do see Sandra Broaddus. She's from the RCO. I believe Sarita Brown is the block captain.
Okay, so why don't we start with the RCO first?
Good morning, Mr. Chair.
Can you hear me?