If I may just to clarify to it, I may have forgotten to mention.
So we are two blocks from Broad Street Line here at Broad and Bainbridge.
There are also 25 off-street bicycle spaces located at this site.
And as I said, there is one ADA parking space located on site, and that will be maintained through this application.
It's a comment from our attorney, Hillary Emerson.
Yes, so I'm just a little concerned that what you're asking for is not what's actually on the refusal.
Because the original permit, and thank you for including these in your exhibit packet, was for visitor accommodations, I believe, on the second floor only.
and then the upper floors were multifamily and then there was another permit issued in 2022
that changed the use um from the second to seventh floors for visitor accommodations
the way this refusal is written it sounds like it's changing everything back to multifamily and
i don't know for sure that you would be retaining the visitor accommodations right exactly so that's
what i was hoping to clarify so the refusal doesn't accurately explain the uses that we're
seeking a connection with this application. So our request would be that that be clarified with
a proviso because we are seeking to have two principal uses at the building. Two principal
uses of a building in CMX3 is permitted by right. The variance remains exactly the same as it's
written on the refusal, which would be to have accessory parking not required in connection with
the multifamily use. So the actual refusal itself remains the same as it's written, but the
description of the project is incorrectly reflected on the current refusal okay um yeah so i think
the board because the use was previously you know previously granted by right you're not seeking to
um to abandon that use i think the board can add a proviso that just indicates um previously
approved visitor accommodations use to remain and we can put that as a proviso did you get that mr
chair quite all of it previously approved visitor accommodations used to remain
okay but do we mention do we mention there's no parking
that's already clear on the refusal okay all right thank you any other questions from the board
any questions or comments from the virtual audience
i see no hands at this time to your planning commission
so ron bednar city planning that property is indicated for commercial mixed use on the city
plan given the physical circumstances of the site recommend the request for variance be granted
MI 2024-004-201-701-South Broad Street. I vote yes, Wood Proviso. Previous, say that again, Hillary.
Sure, Mr. Chair. Previous visitor accommodations.
Yeah, previously approved visitor accommodations use to remain.
Previous use visitor accommodation use to remain.
Michael Johns, my vote is yes, with proviso.
Cheryl Gaston, my vote is yes, with proviso.
Sonata Graham, my vote is yes, with proviso.
Thank you.
Ishmael Shaheen, my vote is yes, with proviso.
Thank you, Councilman.
Thank you.
Thank you.
Number 13, MI 2024-004-250-2441 North 19th Street.
Number 13, MI 2024.
Alan Nockamson is the attorney.
Letter of support from all in the family CDC.
Alan is coming back in as a penalist.
Thank you.
Alan Ockamson, could you identify a client in relationship to the property?
Yes, my client is Khalil White, the owner of the property.
Our vice chair has a few questions.
Do you agree to read another refusal or stipulate to its accuracy?
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 uh yes we have thank you council please proceed and show
the screen thank you all right so i'm here i'm just trying to get this full screen i'm here to
present 2441 north 19th street uh in the virtual audience is clear white uh the owner of the
property. What he's looking to do here is put a duplex on this property where he's going to
live on one unit with him and his daughter and another unit he's going to rent out to be able
to help afford the mortgage payment for this proposed duplex. So first we'll review the
notice of refusal. This is an RSA 5 property, but it's a rather large lot of 1,051. We did meet with
the community and they're in support of this project as the chairman stated. We have a letter
of support from all in the family group associated incorporated to coordinate the RCO. We have a
letter of support from a nearby neighbor as well as extensive petition of nearby neighbors as well
in support of this project. It's not out of character to have multifamily in this portion
of the neighborhood and we have multiple examples of nearby RSA 5 properties that are currently
being used as multifamily. Then we'll review maps of the area, photographs of the property
and the surrounding area. Our plans and drawings, I blew up the floor plans to kind of
show you what we're trying to do here. But again, my client is looking to live on the upper level
unit and then rent out the lower level unit so we can afford a mortgage and the renovations
which would come with this property. Our RCO meeting notice, again, we met with the community
And based on our presentation from the community, which this board is now hearing as well, we have their support, our application for appeal that I filed on Mr. White's behalf, along with the deed to the property showing that he's the owner of the property.
And finally, the Certificate of Tax Clearance showing he's in compliance with his obligations for real estate taxes.
At the conclusion of my presentation, I'll ask Mr. White to virtually raise his hand, be sworn in, and now I'll have a few questions for him so he can adopt my testimony as his own.
Notice of refusal. This is an RSA5 property. We're just looking, you know, to make this into a duplex. There are no dimensional variances here.
We did meet with the community and the communities in support of this project.
Now, they do have some conditions. We don't have a roof deck. They're asking for no roof deck, so it's not part of our application. Don't know if it's appropriate to say no roof deck access structure as a proviso, even though there is no roof deck there. And then there's other non-enforceable conditions, which, of course, we'll comply with.
um the letter of support uh from the nearby neighbor um we have a letter right here someone
from the uh who's 2439 north 19th street which is exactly next door to us and then we have an
extensive petition that mr white uh circulated to nearby neighbors
and then again not out of character to have multi-family on this block even though these
These are RSA 5 properties, 2416 North 19th Street, 2351 North 19th Street, 2400 North
Garnett Street, 2439 North 19th Street, 2421 North 18th Street.
So all examples of nearby RSA 5 properties that are multifamily in nature.
maps of the area here again you can just see that we're on you know in close to
Again, you can just see that we're on, you know, close to North Broad Street, and we're in between Glenwood as well.
There's ample public transportation nearby.
And then just maps, you know, an overview map of the area.
And then photos of the property.
This is a vacant lot being maintained well.
This is our orange notice poster that we planted onto the property, which is proof of posting at least 21 days before today's hearing.
North 19th Street to the right of the property, till left of the property.
A lot of vacant lots nearby. So, again, this is a part of the city that's ripe for redevelopment.
are plans and drawings. Again, no dimensional variances requested, but I wanted to blow up
the floor plans here. So you walk into the front door, there's a vestibule area. You make a right,
this is unit number one. And unit number one is two bedrooms, two baths, right? So there's,
on the first floor is an open floor plan with a living room, kitchen, and a little dining room
hugging the rear of the first floor. You go up a flight of steps internally and there's two
bedrooms, right? And then there's flex space in the finished basement. Instead of going to the
right, once you hit the vestibule area on the first floor, you go up a flight of steps. This
is a living room area, which honestly, my client believes more of a, it's a kid's play area. That's
where his daughter would be. And then you go up a flight of steps and then there's two bedrooms,
one on each side with an ample-sized livery room, kitchen, and dining room.
And then there's a bathroom.
So there's two bathrooms on that upper floor on the third floor.
So each of these are two bedrooms, two baths.
This unit, the lower-level unit, combined square footage, is approximately 1,500 square feet.
This upper-level unit is approximately 900 square feet.
We met with the community on August 27th at 5 p.m.
We emailed notice of that community meeting a few weeks beforehand.
And in that email, we gave not only the notice, but proof of mailing of that notice that we sent to 235 properties.
These are the addresses that we sent it to.
Proof of mailing to those addresses.
Our application for appeal that we filed on Mr. White's behalf, along with the notice of refusal and the project information form, the deed to the property showing that Mr. White is the owner.
And then finally, the certificate of tax clearance showing that there's no money owed for real estate taxes.
I would ask that Mr. White virtually raise his hand.
How little white has been allowed to speak to white? Could you please state your name and spell for the court stenographer?
How you doing? My name is K. H. A. L. I. L. Last name white. W. H. I. T. E.
You swear or affirm to tell the truth, the whole truth and nothing but the truth.
Please proceed counsel.
Mr. White, you heard everything I had to say today about your zoning matter.
And is it correct?
And do you adopt as your own testimony?
Yes, I do.
All right.
Thank you.
Thank you.
Questions from the board.
Questions or comments from our attorney, Hillary Emerson.
just briefly mr chair um in terms of the proviso that was requested by the rco for
no roof deck because this is no construct this is new construction um i think that is a proviso
that can be added in this case if it was a change of use that would not be relevant but because
this is new construction i think that proviso can be added if the board wishes
I guess the only thing I would add is the trash stored in indoor until trash day is a proviso or in rear yard if there's access. I think the first floor has access, but the second floor doesn't.
Second floor unit, rather.
Any questions or comments from the virtual audience?
I see no hands at this time.
It's Ron Bednar, City Planning.
The property is indicated for residential use on the city plan,
given the area-wide documented use history and the site's physical condition.
given the area-wide documented use history and the site's physical condition we recommend the
request advance program mi2024-004-250-2441 north 19th street i vote yes with proviso trash stored
inside um no rooftop deck michael johns my vote is yes with proviso so
Cheryl Gaston, my vote is yes
with provisos
Tanetta Graham, my vote is yes
with provisos
Iowan, my vote is yes with provisos
Ishmael Shaheed, my vote is yes with provisos
Thank you, counsel
Thank you, have a great day
Is there anyone in the virtual audience
whose 2 p.m. case has not been called?
I see no hands at this time
We're going to take a five minute break
and come back and finish the 3.30 list
Thank you, everyone
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's
330 ZBA hearings. With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our board member, Cheryl L. Gaston.
Present, Mr. Chairman.
Our board member, Tanetta Graham.
Present, Mr. Chairman.
Our board member, Michael Johns.
Present, Mr. Chairman.
Our board member, Taya Nguyen.
Present, Mr. Chairman.
Also present is Ryan McSherry, our attorney, and our deputy director for planning and zoning, Kathleen Grady.
Here's our virtual format.
Proceedings are being recorded.
With your participation, you agree to be recorded.
Video will be available by contacting kathleen.grady at philo.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 enter an appearance statement, call 267-270-5548.
Leave your email address and address the property in question.
And finally, the question-answer box on the screen is not for testimony.
All comments and testimony should be directed to our Deputy Director, Kathleen Grady.
Let's look at our schedule.
Number two, MI2023-005-975-2000-East-Cambria, Darabella Perez.
Darabella Perez has been allowed to speak.
yes hi good evening could you please please could you please state your name and spell
for the court sonorifer javier perez
p-a-r-i-a-l-b-a perez is spelled p-e-r-e-z right do you swear or affirm to tell the truth the whole
truth nothing but the truth yes sir i understand you may want a continuance i need a continuance
the RCOs haven't released their decision yet. Okay all right so MI 2023 005 975 2000 East
Cambria Street this case is continued and you will be notified of the next hearing okay? Okay
thank you so much. Thank you for calling us we appreciate it. All right have a good evening
everyone. You too. Okay. Bye-bye.
Number four.
Hold one more minute here.
Okay. Number
MI 2023
03-007-024-8575 Tarsdale Avenue, Cases Continued, Attorney Moving Party.
Number eight, MI 2024-002-349-2837 West Lehigh Avenue, Cases Continued.
And number nine, MI 2024-002.