Thank you.
okay okay chair we have 25 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 zba hearings
with me is our vice chair ismail shaheed president mr chairman our board member
Cheryl L. Gaston. Present Mr. Chairman. Our board member Tanetta Graham. Present Mr. Chairman.
And our board member Taya Nguyen. Present Mr. Chairman. Also here is our attorney Hillary
Emerson and our Deputy Director for Planning and Zoning Kathleen Grady. Here's our virtual format.
The proceedings are being recorded. With your participation you agree to be recorded.
The video will be available by contacting Kathleen.Grady at phil.gov.
For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.
To win an appearance statement, call 267-270-5548.
Leave your email address and also the address of the prompting question.
And finally, the question box on the screen is not for testimonial.
All comments or testimonies should be directed to our executive director, Kathleen Grady.
Let's look at our schedule for today.
Number five, MI 2023, 006909, 1443 Tasker Street, cases continued.
Number 10. MI 2024-002-310-7346 West Pachonk Avenue. That case is continued.
Number 12, 20, 24, 002, 343, 5259 Jefferson Street.
That case is continued.
Number 15, MI 2024, 002, 357, 1924.
25, North 25th Street. That case is continued. Number 17, MI 2024, 002, 424, 822 Barlow Street.
That case is continued. And number 18, MI 2024-002-515-1725 Jackson Street, that case is continued. Are there any other requests for continuances?
Excuse me, Mr. Chair. This is Hillary. I know we have Mandarin interpreter Mike Wang present. Mr. Wang, the case that we needed you for this morning, that has been continued. It was unfortunately not ready to proceed. So we no longer need you to stay on, but thank you for coming on and identifying yourself to let us know that you were here.
Good morning, Chair. This is Jasmine. I will be your co-host today. I see all of you at this time.
Okay. So we want to go over some cases that we do not have exhibits.
Number one, MI 2023-000633-1307 West Susquehanna Avenue. Devin Upton is the attorney. We have no exhibits. This is the third listing.
I see no hands at this time, Chair.
MI 2023-000633-1307 West Esquina Avenue.
This case is continued.
We'll be heard the next time.
Thank you.
Thank you.
Number two, MI 2023-002-867-1775 Bridge Street.
Number two.
MI-2023-000633-1307 West Esquina Avenue.
No exhibits, third listing.
No one appeared on 5A24.
And there was a written request from the applicant on 12-13-23.
Kaz Ben Habtikabar is the listed applicant.
i see no hands at this time tier okay so no one appeared the last time for this case
this is the third listing so mi 2023 002 867 1775 bridge street i vote to dismiss
jill gaston my vote is to dismiss
Tanetta Graham, my vote is to dismiss
Taya Nguyen, my vote is to dismiss
Ishmael Shaheed, my vote is to dismiss
Thank you
Number 4, MI 2023-004-829-2600 West Clearfield Street
Hannon Biggs is the listed applicant
No Exhibit's third listing
No one appeared on 626-24
i see no hands at this time chair so no one appeared the last time um this is the third
listing so mi 2023 004 829 2600 west clearfield street i vote to dismiss
Senator Graham, my vote is to dismiss
Aya Wynn, my vote is to dismiss
Ishmael Shahid, my vote is to dismiss
Thank you
Number 14
MI 2024
002 355
1238 South 31st Street
First listing, no exhibits
Rikisha Bavez Patel is the listed owner applicant.
I see no hands at this time, Chair.
So MI 2024-002-355-1238 South 31st Street.
As cases continued, Mark must be heard.
And number nine, MI 2024-001-450-3502-208-Scotts Lane, this case has been withdrawn.
We're going to go to our add-on list.
I'm sorry, Mr. Chairman, I got pushed out.
Okay, we hear you now. We hear you loud and clear.
Thank you.
Our add-on list, MI 2024-004-827-3402 Sampson Street.
The vote in this matter has been rescheduled to Wednesday, September 18th at 9.30 a.m.
We're going to start our regular list and we're going to go to number six.
MI 2023-007-016-1715 McKean Street.
Carmen and Anna Marie Vona
are the applicants
there's a letter of unanimous support from East Point Breeze Neighbors
and two other letters
email letters of people who have concerns about the project
Carmen is coming in as a penalist
good morning Carmen could you please state your name
It's spelled for the courts in Augusta.
All right.
My name is Carmen Vona.
It's C-A-R-M-E-N-V-O-N-A.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
So this application is for use as a single-family household living in a suite 201 of an existing structure.
No changes to other previously approved uses.
Our vice chair has a few questions for you, sir.
good morning sir have you emailed in all the required documents and exhibits that's needed
to proceed with this case five days in advance of this hearing yes i have thank you please
proceed and share your screen give me a second we're trying to share the screen
it should be a green button says share screen
All right.
What are we doing now?
What is it?
So I think what you do is you open your documents first and then you share your screen.
Am I correct?
Here we go.
You're good.
It's coming up.
All right. I can't see where you guys at. You're over there on the right. Okay. All right. So what do you need from me now?
All right.
I can't see where you guys at.
All right.
You're over there on the right.
So, first of all, tell us what you want to do.
All right. So we have an industrial building, zoned I-2, and we want to turn the second floor of this building, which is a 3,000 square foot space, into a family apartment, single family dwelling.
Okay, so we, why don't you start going through your documents? We see your, your notice is up. Go, move on. Okay, show us all your documents. And then get that we see that. Yep, we have that.
All right. So that's a notice of appeal. All right. Yeah. Got the, here we, the Neighborhood Association gave us a thumbs up on the position. Okay.
nine to zero okay this is the particular space of the building um the pink area is the space
in question that's suite 204 that's the second floor of the building let me ask you this are
there any other residential in the area in the building in this building no yes okay keep going
on you got photos of the building yes so this is the building here um and you can see next door to
us there are uh single family houses right now we we see certificate of occupancy so we we don't
see what you're showing why do they not see that you see that now no we see it we do now we do now
Okay, so the Abbott's Older-Nage Dairies building is a commercial building, and the first floor is a dog park, and the second floor is a single-family residence, and there's all-street parking right there.
That courtyard is also part of the property.
The tenant who's living up there also gets a parking spot as part of their lease.
Next door to us, there are other properties right there to the left, if you can see them, that go down the whole street there.
they're all zoned I-2 as well, but they're all residential. So you're in the Abbott's Dairy's
apartment, right? That is correct. And that's been rented for several months and it wasn't
zoned? Is that what we're saying? No, it was rented since for several years. And we had a
rental license and we had it as caretakers quarters and we had a rental license with the
city. And in 2022, they just revoked it when we went to apply for a new, we went to renew the
license. And they didn't tell us that it happened. We only found it by accident when we were in
Eclipse looking for something else. And we saw that the license was revoked. Now they took our
rental payment and never refunded it after they revoked it. And they never sent us any paperwork
whatsoever um up until today i still have no paperwork that says that this license was revoked
do me a favor show us the inside of the apartment
all right do you see the pictures right now yes we see the outside building
so we're going to work our way through them now
okay yes give me a second here
I'm trying to fix the next one.
Bear with us.
Technical here.
We're going a little faster.
The apartment is vacant now?
No, there's still a tenant in there
who's not paying us any rent right now.
And that was it.
It's a three-bedroom apartment.
with two baths 3,000 square feet yes okay questions from the board
no chair
he's muted does that mean something charlotte on mute unmute charlotte good i'm sorry i do uh you
You said that you classified this as caretakers quarters, and that's how you got the rental license?
Originally, that's what we did to get the license to put that in there.
And we received a rental license based on that classification.
And the caretaker was supposed to be for what?
It was just the way that we were able to situate this back then when we did it.
so the caretakers quarters was just basically um one of the means that allowed us to put a
residence in there i see okay thank you
we see okay thank you any other questions to the board
questions or comments from our attorney
hillary emerson um just to i just want to look at this
see me so this is unit 201 in this building is that correct that is correct okay just wanted
to clarify that 201 occupies the whole entire floor of that space okay all right i wasn't clear
from the the plans if there were other other uses to look like there are other potentially
suites in the building so is it just the so it's just the apartment on the second floor and then
is it the first floor is all i think it's a doggy daycare and boarding facility
that is correct okay so those are the only two uses at the property that is correct okay thank
you. Questions or comments from the virtual audience? Yes, Chair, I have a hand up by the
name of Hope Heider. They have been allowed to speak. Hi, could you state your name,
please, and spell it for the court's an article? Yes, my name is Hope Heider, H-O-P-E-H-Y-D-E-R.
right do you swear or affirm to tell the truth the whole truth nothing but the truth
yes are you a neighbor i am an interested party because i am yes i'm here today to bring it to
the board's attention that the zoning notice um ray appeal zp 2023 row one one six one five which
is the appeal for 1715 mckean street um was posted improperly in violation of the zoning code
the zoning notice itself reads warning if signs are not properly posted in accordance with the
requirements of the zoning code the board will delay action on the matter and require reposting
this is something that was brought to the zba's attention and lni's attention
because the zoning notice was posted
without the notice of refusal or referral?
However, on the description for the refusal is present.
The description from the refusal is present
on the zoning poster.
So we believe it was appropriate.
Thank you.
What's the last question, sir?
The description from the refusal is present on the zoning poster, so we believe that it was appropriate.
Okay, so that warning.
Thank you very much. We do appreciate your comment. Is there anyone else in the virtual audience?
Yes, Chair. I have two hands remaining.
Brianna Wakefield has been allowed to speak.
Hi, could you please state your name and spell for the court stenographer?
Hi, yes, my name is Brianna Wakefield, B-R-I-O-N-N-A, last name Wakefield, W-A-K-E-F-I-E-L-D.
I work for Council President Kenyatta Johnson.
Hold on, hold on, hold on a minute, please. Thank you.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?