have been in this general condition. So a clear hardship there. There is no detriment to the
public health, safety, or welfare. Again, these are five residential units that have been in place
for decades upon decades. And this is the least minimum variance in that we're only seeking to
legalize what's already there and what's already built out. We are not looking to ask for any
addition, any height, or any change whatsoever to the properties. So with that, I'm happy to
answer any questions the board may have. So hold on, and Sean, I understand everything you just
said, but Ryan, just for our records, this is one property? Yes, it is. Okay. Thank you very much.
Mr. Whelan, do you want to bring your client on?
Yes. And just to be clear, I apologize if I went too quickly. This is the Christian Street frontage.
This is all one property and it goes back to this party wall right here.
So this is approximately 62 feet of frontage along South Darien.
And then we have 17 feet of frontage to this party wall along Christian Street.
So with that, Jim Spadafora, please.
So with that, we'll call Jim Spadafora, please.
Good morning, sir.
Please pardon me, Mr. Chair, Mr. Whelan, but I do not see that individual in the virtual audience this morning.
Okay, he just texted me to confirm that he is on and was listening.
it's just about a four
all right hold on hold on i think i found him now sorry
okay they've been allowed to speak good morning sir could you please state your
name is spelled for the court stenographer
good morning sir
vadafore please unmute
he just texted me that he's having trouble unmuting okay all right so so mr whalen you're
an officer of the court we we accept your testimony questions from the board no mr
chair no chair questions or comments from our attorney ryan mcsherry no mr chair questions
or comments from the virtual audience?
I see no further hands, Mr. Chair.
Planning Commission.
Amy Ward with the Planning Commission.
The comprehensive plan recommends no change
to the existing CMX2 commercial mixed-use zoning
at this location.
CMX2 properties with no ground floor commercial
is characteristic of this area.
Further, the proposed uses for no ground floor commercial
and five-dwelling units are consistent with prior documented uses.
The Planning Commission therefore recommends that the Board grant the requested variances
for no ground floor commercial and five-dwelling units.
Thank you.
MI 2024-000-354-823 Christian Street, I vote yes.
Thomas Holloman, my vote is yes.
My vote is yes.
Thank you.
Thank you, Counsel.
Russell. Thank you very much, chairman and board members. Have a great day.
Okay. Is there anyone in the 930 a.m. group whose case has not been called?
Again, sir, I do not see any hands raised.
Thank you, everyone. See you at 2 p.m. And Ryan, thank you very much for this morning.
Absolutely. All right. Appreciate it.
Thank you, Mr. Chair.
do we have to change his name
will we have to change as his name no he's um fine oh good okay
are we ready to go yes and you can start as you wish chair good afternoon everyone my name is
bill bergman and i will be chairing this afternoon's hearings with me is our vice chair
Ismail Shahid. Present, Mr. Chairman. Thank you. Our board member, Thomas Holliman.
Present, Mr. Chairman. We also have LeBaron Leonard Palmer from the Division of Development
Service, who will be serving as our alternate board member. Present, Mr. Chairman. And Emily
Persico from the Division of Development Service, who will be casting a vote on one matter.
Present, Mr. Chairman. Thank you. Present also is our attorney, Hillary Emerson.
and Ryan McSherry will also act as attorney on one of the cases
and also our executive director, Tanya Sunkett.
The proceedings are being recorded.
With your participation, you agree to be recorded.
Video will be available by contacting TanyaSunkett at phil.gov.
For our court stenographer, we ask attorneys and witnesses
to identify themselves before testifying.
If you're participating via phone, press 9 to raise your hand and 6 to unmute.
To enter and appear on the statement, call 267-270-5548.
Leave your email address and the address of the property in question.
And finally, the question box on the screen is not for comments or testimony.
All comments should be directed to our Executive Director, Tanya Suckett.
Let's look at this afternoon's schedule.
Number four.
One minute.
Get through our add-ons.
Number four.
MI 2023-006-953-2122 West Estos Street.
That case is continued.
That case is continued.
Number seven.
Number seven, MI2024, 000790, 324 South 17th Street.
That case is continued.
Attorney moving party.
Number 9, MI 2024-000-901-2337 South 13th Street.
That case is continued.
Number 10, MI 2024-001-510-7929 Ronelk Street.
Case is continued.
Number 11, hold on one minute here.
I lost my, get right with you.
Number 11, MI 2024-001-511-1601 North 27th Street.
That case is continued.
And number 16, MI 2024-002-531-1600-16 North 9th Street, that case is continued.
Are there any other requests for continuances?
Good afternoon, Mr. Chair.
This is Jason Hand.
I will be your co-host for this session.
I do not see any hands raised at this time.
Thank you.
We're going to go to our add-on list.
So number one, MI 2024, 000104, 4230 Howell Street, number T-2-123607.
Voting on this will be myself, Ishmael, and Emily Persico.
I vote yes.
Ishmael Shaheed, my vote is yes.
Emily Briscoe, my vote is yes.
Thank you, Emily.
Number two is a re-vote.
So MI 2023-006-569-1300 South 6th Street.
Voting on this will be myself, Ishmael, and Thomas Holloman.
I vote yes.
with proviso, revised plans, two pages, stamped by ZBA on June 5th, 2024, and two, no accessory
parking on property. Thomas Holloman, my vote is yes with proviso. Ishmael Shahid, my vote is yes
with proviso. Number three is also a re-vote. MI 2023-005-992-1600 to 18 West Hunting Park Avenue.
I vote yes with proviso. Use limited to unit number, unit 102. Two, temporary variance to
expire, 6-5-29, and three, hours of operation, Monday through Friday, 12-P to 12-A, and Saturday
and Sunday, 10-A to 12-A. Thomas Holloman, my vote is yes, with provisos.
Ishmael Shaheed, my vote is yes, with provisos.
Number four, voting on this will be myself, Thomas Holloman, and Ishmael. Thomas Holloman
and Ishmael were both certified that they've reviewed the videos of the April 10th and May
21st hearings for Ishmael and the May 21st hearing for Thomas Holloman. So MI 2023-007-020-508-14
Moore Street, I vote no. Thomas Holloman, I certified that I reviewed the video of the May
21st 2024 hearing
in this matter
and my vote is no
Ishmael Shahid
I certified that I have watched
the May 21st hearing
recording and my
vote is no
Thank you
And Mr. Shahid just to clarify you also watched
the April 10th hearing correct
Yes I watched that one earlier on
Alright thank you
Number five, MI 2023, 003-142-3111 West Montgomery Avenue.
142-3111 West Montgomery Avenue.
I vote yes.
Thomas Holloman, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you.
Number six, MI 2023-006-343-9901, Frankfurt Avenue.
Voting on this will be myself, Ishmael, and Mr. Palmer.
I vote no.
ishmael shaheed my vote is no lebaron leonard palmer my vote is no
number seven i'm voting on this will be myself ishmael and and lebaron leonard palmer
mi 2024 001 645 35 15 to 21 welsh road i vote yes
ishmael shaheed my vote is yes
LeBaron Leonard Palmer, my vote is yes.
Number eight, Ishmael and Mr. Palmer will also be voting on this.
MI 2024-001-650-3509 Baring Street.
I vote yes with proviso.
Proposed additions shall not exceed one story.
no roof deck above proposed additions.
LeBaron Leonard Palmer, my vote is yes with proviso.
Ishmael Shahid, my vote is yes with proviso.
Thank you.
And number nine, MI 2024-000-798-11 Schur's Lane.
Right with you.
I vote yes with proviso.
Revised plans, three pages, stamped by ZBA on June 5th, 2024.
Voting on that will be Thomas Holliman and also Ishmael.
Thomas Holliman, my vote is yes with proviso.
Ishmael Shaheen, my vote is yes with proviso.
Okay, we're going to go to our regular election.
We're going to start with number two.
Ryan McSherry will be the attorney on this.
Hillary Emerson has recused herself.
So MI 2023-006-173-6812, Ogons Avenue.
Joseph Vaccaro is the attorney.
There's a letter of opposition from the 10th Ward Democratic Committee.
The RCO vote was 11-7, and a letter of opposition from Council Member Phillips' office.
The applicant also provided a petition of support from 20 residences and businesses.
Mr. Vaccaro.
They will be coming back in as a panelist, sir.
Thank you.
Good afternoon. Can you hear me?
I can, Mr. Vaccaro.
Could you state your name, please, and spell it for the court stenographer?
Certainly. Good afternoon. May it please the board.
My name is Joseph Vaccaro, attorney for Shafwan Rothman, who's also on the Zoom link.
We represent the applicant.
Mr. Vaccaro, just for the record, could you please spell your name?
V as in victory, A-C-C-A-R-O.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
And could you identify your client, the relationship to this property?
Sure. Gladly. My name, my client is Shafwan, S-H-A-F-W-A-N, Rahman, R-A-H-M-A-N. He is the tenant of the property.
Our vice chair has a few questions.
Thank you.
Good afternoon, counsel. Do you agree to waive the read and other refusal or stipulate to attack this name?
Yes, I do.
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
Thank you, counsel. Please proceed and share your screen.
Thank you. Let me share my screen.
By way of background, this application is for a used car lot.
Can you see my screen?