Is there another case that requires interpretation?
All right.
Thank you.
Thank you. So number nine, MI 2024-006050, 29 to 76 East Chelton Avenue. Cherry Lewis is the listed applicant. Chelton Realtor Partners and Mainline Federal Savings are the listed owners. No exhibits, third listing.
I see no one in the audience by that name, Cherry.
all right thank you so number nine mi 2024 006 050 29 to 79 east chelton avenue this is the third
listing i vote to dismiss michael johns i vote to dismiss cheryl gaston my vote is to dismiss
tenetta graham i vote is to dismiss ryan mcadams my vote is to dismiss they win my vote is to this
so number 11 mi 2025 000 953 3904 aspen street um there are no exhibits this is the second list
and we understand there's a possibility of an appeal could eric kellum withdrawal i'm sorry
eric kellum the listed owner and bria kennedy um could eric kellum come on
i see no one in the audience by either name i say we say have we have um erica kellem is the
listed owner yes and then bria kennedy um was the listed applicant third party professional
so i'm going to dismiss this we'll make it a dismiss so mi2025 000 953 3904 aspen i vote to
dismiss michael johns i vote to dismiss cheryl gaston my vote is to dismiss it's not a grand
my vote is to dismiss i mcadams my vote is to dismiss i win my vote is to this
okay um number 12 mi 2025 000 992 97 68 re-road david anacario anacarico is the
attorney for the owner. We have no updated exhibits. This is the second listing.
Chair, I see no one in the audience with that name, and I have no hands raised.
Okay, so MI-2025-000-992-9768 re-road. I vote to dismiss and waive the two-year rule.
Michael Johns, I vote to dismiss and waive the two-year rule.
Cheryl Gaston, my vote is to dismiss and to waive the two-year rule.
Tana Graham, my vote is to dismiss and waive the two-year rule.
Ryan McAdams, my vote is to dismiss and waive the two-year rule.
Number 13, MI 2025-001047-2006, Bellevue Street.
Jaisal Rain Development Corporation is the listed owner.
Israel Graham and Paul Kramer are the listed applicants.
This is the second listing.
Good morning. Israel Graham.
Could you please state your name and spell for the stenographer?
Yes. Israel Graham. I-S-R-A-E-L. Graham. G-R-A-G-E-L.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
All right. So, Mr. Graham, this is the second list and we have no exhibits.
Mr. Graham, this is second list and we have no exhibits.
Yes, I was in motion to hire a lawyer because my last listen, I had to let me know since I was an LLC that I had to hire a lawyer.
Yes, I was in motion.
So I'm in motion to hire a lawyer.
So I was wondering if I could get a continuation.
All right.
So we're going to continue the case.
But it's going to be marked must be heard.
You have to be ready to go on the next one.
Thank you, sir.
All right.
So no, that's okay.
MI 2025, 001-047-2006 Bellevue Street.
This case continued, and Mark, must be heard, to 6925 at 9.30 a.m.
Okay, thank you, sir.
All right, thank you.
Number 14, MI 2025, 001-099-6324 Sackett Street.
this case has been withdrawn and number eight
mi 2024-006-032-2125 west cambria street um 2020 inc is the listed owner um
we have not received documents is there anyone from
the that location in the audience i see no one by that name chair and i have no hands raised
okay so mi2024-006-032-2125 west cambria i vote to dismiss michael johns my vote is to dismiss
Cheryl Gaston, my vote is to dismiss.
Tanetta Graham, my vote is to dismiss.
Ryan McAdams, my vote is to dismiss.
Hi, Owen, my vote is to dismiss.
We're going to go to our add-on cases.
So number one, 2025, MI 2025, 002-368-4821 Garden Street.
This case has been rescheduled to Wednesday, 2-18-26 at 9.30 a.m., and I'm going to do two cases together.
MI 2025, 004494, 9247R, East Roosevelt Boulevard.
And number three, MI 2025, 004495, 942, 9 East Roosevelt Boulevard.
i vote no to boast both and also uh a correct vote no to a proviso corrected refusal dated 1-7-26
michael johns my vote is no to both with proviso
cheryl gaston my vote is no to both with proviso tennetta graham my vote is no to both with proviso
Ryan McAdams, my vote is no to both with Proviso.
Ryan Wynn, my vote is no to both with Proviso.
Number four, MI 2025-001-863-1503, Crestwood Road, I vote no.
Michael Johns, my vote is no.
Charles Gaston, my vote is no.
Tinetta Graham, my vote is no.
Ryan McAdams, my vote is no.
Ryan Wynn, my vote is no.
number five mi 2025 004 600 1302 204 ruscom street
i vote yes michael johns my vote is yes charles gaston my vote is yes
tenetta graham my vote is yes ryan mcadams my vote is yes
I win. My vote is yes.
Number five, MI of our regular case, number five, MI 2024, 005-847-7335 Montour Street.
Joseph Vaccaro is the attorney.
Joseph Vaccaro will be rejoining us as a panelist.
good morning can you hear me i can sir could you please state your name and spell for the
sonographer uh good morning may it please the board joseph vaccaro v-a-c-c-a-r-o on behalf of
the applicant hugo zuniga okay do you swear or affirm the
Applicant Hugo Zuniga.
Okay. Do you swear or affirm to tell the truth,
the whole truth and nothing but the truth?
Yes, I do.
I see unanimous opposition from
Burholm Community Town Watch and Civic Association.
But you also gave us an application,
a petition with 22 signatures from the neighbors.
Our vice-chair has a few questions, Mr. Vaccaro.
Thank you.
Good morning. Have you submitted your documents and
exhibits five days in advance of this hearing i submitted the documents on sunday and they were
updated with interior photos on monday okay thank you and do you waive the reading of the refusal
and stipulate to its accuracy yes i do you can show your screen and proceed with your case okay
thank you very much uh may it please the board i have the pleasure of representing hugo zuniga
he is sitting to my left in the same physical room that i'm sitting in
and it happens to be the house in question.
Hugo had purchased the property during May of 2022.
Can you see the front page of what appears to be a deed?
We see it better now, Jim.
Okay, so that's the deed.
He purchased the property in May of 2022.
It was advertised as a two-story, two-family house.
he purchased it as a two-story, two-family house. This is part of my packet. This is
what was advertised when he had purchased the property. It was advertised as a five-bed,
three-bath, 1,896-square-foot house about this home, two units. And that's what prompted him
to buy the property. It's a two-unit, three-bedroom cape, and much to his chagrin and surprise,
he discovered that the property is still only zoned as a single-family house. Back in the
1960s, if I could show you the zoning history, I apologize. This was 1939. I'm looking at the
stamp august 25th of 1939 there was um approval to build a second story to the house and it's the
second story that has always been used and my client needs to legalize the you that use as a
second as a second apartment to legalize the two uses he lives on the first floor so this this would
be an owner-occupied property. If I could jump down to some photos, I think I might have overshot
the photos. So he lives on the first floor with his family, and he rents out the second floor
of the property. There already was a tenant in the property. When he had purchased it,
he switched tenants at some time in between, and here we are, seeking to formalize and legalize
that second apartment upstairs. I am looking for the photos that I've included.
We'll just bear with me.
Well, while I look for those here, why don't I just, I'll stop sharing this and I'll show
the photos of the, of the interior, which were, yeah, that's what I'm looking to do.
Can you see a living room with a couch?
we do okay let me explain that yes that's the second floor that's the second floor there's a
there's a bedroom on the second floor a kitchen with a dining area another bedroom and a living
room and and here's another room bathroom so it's a fully furnished unit he did not do any of this
construction that all of this construction everything that you see on the interior of
the second floor. All of that was there when he had purchased the property. All he's done to it
is give it a fresh coat of paint when the new tenant moved in. That's it. If I could go back
to looking for the photos of the outside of the property, it's a very large lot with ample room
for parking um so the other tent neither his tenant nor his family would be taking up
um too many parking spots um i'll stop sharing the interior photos i've located the photos of the
the exterior of the property here you go starting with the plans so he's gotten
of the exterior of the property.
formal plans here's the outside if I could zoom out a bit or at least try to
zoom out here's the front entrance with the zoning poster here's the front
entrance. This front entrance is the entrance into the first floor unit which
is occupied by Hugo and his family. If you see if you see the steps to the far
left those would be the steps to a separate doorway which goes up to the
second floor. This is the side this is the rear entrance that goes into the
kitchen of Hugo's unit on the first floor and as you can see this ample
parking space he's got the driveway that's his truck he's a he he does tree
service he prints trees these two vehicles they're parked on his driveway
with ample space in the back and here you can see another vehicle another view
of the driveway first floor this is the second floor my cursor is going over the
second floor the unit in question that we're trying to legalize and he has his
tax clearance we've had two meetings with the RCO he's attended the first one
on his own before he retained me. And then I participated in the last RCO meeting and
there were some questions about trash pickup. Well, he has plenty of space to store the trash
in the back. There were questions about parking and the due diligence that he did when he had
purchased the house. There was no other response for many months from the RCO,
and we only learned of their letter of opposition in the last two days.
He did submit a tax clearance certificate, which is part of our packet,
as well as the petition from the near neighbors, which are in support of his application.
So does the board or council have any questions?
I think what you should do is have your testimony adopted first.
Why don't we do that?
I do have English is not his first language.
Well, we only use our own interpreters and you're an officer of the court.
Have you talked to him with help?
Multiple times.
I speak Spanish, sir.
All right.
So you're an officer of the court. Questions from the board?
Question. So you have a question. So so there was no RCO meeting or there was an RCO meeting.
There were two RCO meetings. There were two RCO meetings and you got.
So but you don't have a letter of opposition. You have a letter of 13, 13 folks.
You know, it was unanimous opposition.
They never gave us the letter. No.
yeah you do there's this letter letter of opposite unanimous opposition 13 votes
right i i know of its existence but i haven't seen it okay okay okay so you just haven't seen
the letter so and so and now you have a petition of 20 folks that that support it correct but they
didn't come to the meeting well well i didn't take attendance and it's well i mean it's i guess
my concern is when somebody comes with a petition of whatever opposition or support and then there
was a meeting and there's like unanimous you know opposition and then these people weren't at the
meeting it's it's it's that's the point of the rco meeting people have got to go to meetings right
and and vice face their opinion they come they can't come after the meeting in my opinion they
can't come after the meeting and say oh we don't like this now and we have a petition and they
didn't go to the meeting. I hear what you're saying and I appreciate what you're saying and
and that being said the petition that my client has circulated it's it is evidence it can be
considered by the board and you take it for what it's worth. Just because these individuals have
chosen not to show up at an rco meeting well people show up at rco meetings for various reasons
they don't show up at rco meetings for various reasons and they signed positions there were
three it's kind of tough all right that's okay that's that's a concern for me all right
that's okay that's that's a concern for me all right other questions from the board i appreciate
that i'm looking at the block um is there any other uh two residential houses on that block
let me ask my client any other classes to do residencias in this block
Luca? No, on this block. Yeah, in this block. How many? No, no, no. How many houses? Okay.
From what he sees, he's got at least two houses across the street, which are two units. He's
not sure if they're legal or not though. Other questions from the board? Yes, so the tenant in
the second unit is going to enter from the side door? Correct. She's got her own, that tenant has
her own private entrance. Okay. And you're saying that the unit was bifurcated before the current
owner purchased it it already has separate meters for everything correct yes separate separate uh