Yes, I am.
Lakeisha, let me know when people are in, please.
I will, Chair.
Thank you.
okay chair we have 35 attendees and we can start when you like thank you good morning my name is
bill bergman and i will be chairing this morning zba hearings with me is carol tenere our vice
Chair. Present, Mr. Chairman. And Ismail Shahid, our Board Secretary.
Present, Mr. Chairman. Also here is our Board Attorney, Hillary Emerson,
and our ZBA Hearing Supervisor, Lakeisha Dandy. Before we begin, here's our virtual format.
Be advised, these proceedings are being recorded. By participating, your knowledge agreement to be
recorded. A video will be available by contacting tonyasunkett at phillip.gov. For the benefit of
our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star
6 to unmute. To enter an appearance statement, call 267-270-5548. Leave your email and the
address of the property in question. And finally, the question answer box on the screen is not for
comments or testimony. All comments should be referred to our Executive Director, Tanya Sunkit.
Let's look at our continuances for today's hearing, for this morning's hearing.
Number nine, MI 2021-002-827-2132 North Darien Street.
That case is continued.
Number 10, MI-2022-002-928-549-51 North 10th Street.
That case is continued.
Number 12, MI-2022-002-926-1430 South 6th Street.
That case is continued.
And number 14, MI 2022-002-927-1426-28, South 6th Street, that case is continued.
Those four cases are continued.
So anyone in the virtual audience has a comment relative to those cases?
I see no handshare.
Thank you.
Are there any other requests for continuances for this morning's meetings?
chair we have jennifer basilio okay
hi uh this is jennifer basilio b-a-z-y-d-l-o 2401 walnut street all right do you swear for
him to tell the truth the whole truth and nothing but the truth yes proceed um i'm just here to um
I know you said continuances, but I have a withdrawal for today.
Yeah, I was going to call the withdrawal, but let me list it.
MI 2021-002-628-1931-33-Rawn Street.
That case is withdrawn.
Thank you.
I'm sorry.
I jumped the gun.
No, no, no.
That's fine.
That's fine.
That's fine.
Thank you.
Any other requests for continuances?
Yes, Chair.
we have John
last name ending in R
Esquire
good morning Mr. Chairman
hi could you state your name
and the spell for the court reporter please
it's John Raimondi it's R-A-I
M-O-N-D-I
I like to withdraw
do you wait one minute
do you swear or affirm to tell the truth
the whole truth nothing but the truth
yes I do
what case
This is 1813 South 15th Street.
1813, right.
Okay, thank you.
MI 2022, 002, 768, 1813 South 5th Street.
That case is withdrawn.
Thank you.
Thank you, Mr. Chairman.
Right.
Are any other cases for continuance?
Are any other cases for continuance?
I see no handshare.
Okay, I also have cases that are, hold on, with number five, MI 2021-002-607-1938 North 24th Street, no exhibits, fourth listing, Vern Anastasio is the attorney.
Chair, we have Vern Anastasio.
Good morning, Mr. Chair.
Good morning, Mr. Anastasio.
Could you state your name and spell it for the court reporter, please?
Certainly. It's Vern, V-E-R-N, Anastasio, A-N-A-S-T-A-S-I-O.
Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
1938 North 24th?
Yeah, it's a real head-scratcher for me as well, Mr. Chair.
I know this is the fourth listing.
I'm just going to ask you to withdraw it.
I just can't locate my client, and I don't know where he went.
So if we need to pursue it, I could always reapply.
All right.
Thank you.
MI2021-002-607-1838, North 24th Street.
This case is withdrawn.
And number 15...
MI 2020, 001-936-5901 North 10th Street. No exhibit, second listing.
Richard and Carol Brown. Carol Brown are the listed owners.
What number is that Mr. Chair? Number 15. 15, okay. There are no hands at this time, Chair. Okay, so
MI2020-001-936-5901-North 10th Street, I vote to dismiss.
Dismiss.
Yes, I vote to dismiss.
Thank you.
Thank you.
Any other requests for withdrawal?
I see no hands, Chair.
We're going to go to our add-on list. MI 2022-003-345-6995 Pichon Street. This was a resumptive hearing. Here's the update. The vote on this matter has been moved to Wednesday, October 12th at 9.30 a.m. Thank you.
We're going to go to our regular list. Number one, 2021-005-235-3232, Henry Avenue. Lawrence
Calley is the attorney. Still waiting for an RCO letter. Meeting was held 9-15.
Mr. Calley is coming back in as a panelist. Thank you.
Good morning, Mr. Chairman. Larry Calley for the record on behalf of the applicant.
Hi, Mr. Calley, could you spell your name for the court reporter, please?
Certainly. First name is Lawrence, L-A-W-R-E-N-C-E. Last name is Calley, C-A-L-L-I.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Our vice chair, Carl Tenere, has a few questions.
Okay, very good.
Good morning, Mr. Cowley. Do you agree to waive the reading of the refusal and stipulate to its
accuracy? Yes, I do. Have you emailed the exhibit packet with proof of ownership tax compliance,
a copy of the refusal or referral, photos and or plans of the property five days in advance of this
hearing, and have you met with the RCO, and do you have a letter? Yes to all of that, ma'am.
Okay, that's great. You may proceed and begin with sharing your screen.
Thank you very much. So I have, I don't know if our design consultant is here or trying to get
into the room. Her name is Lindsay Deja. I was going to ask her as the design consultant to
perhaps share her screen and walk the board through the sign proposed, but I don't know
if she's in the room. If not, I can certainly endeavor to do this myself. I've just promoted
Ms. Deja to a panelist. Wonderful. Thank you. And thank you for promoting me this morning. I've
rarely been promoted in life so this morning is a treat for me um and yes i am i could you
as well hi could you state your name is spelled please for the court reporter
um lindsay l-i-n-d-s-a-y and last name is d as in dog y-j-a all right do you swear
All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
affirm to tell the truth the whole truth and nothing but the truth yes i do
Yes, I do.
Let's do it.
Proceed.
Thank you. So, Mr. Chairman, before I turn it over to Lindsay to share her screen and walk you through the plans,
and by the way, the only thing we're going to show you this morning are things that were initially filed
and part of the exhibit packet that was submitted.
This is a Davina Dialysis Clinic, Mr. Chairman and members.
They're a national provider of end-stage renal care for patients throughout the country and the world.
In fact, they're a Fortune 300 company.
They've been occupying space here on Henry for some time now,
and the proposal is for a simple non-illuminated sign, brushed aluminum.
It's under 15 square feet of area.
It would have been a permit only had this not been technically tantamount to a roof sign, Mr. Chairman,
which violates the regulations.
There are already roof signs on this property.
This one is very slight, as Lindsay will testify to shortly.
We did have an opportunity to meet with the Neighborhood Committee on September 15th in the evening,
Representative of my office was with them.
It was a very brief and supportive meeting.
And this morning, we are pleased to be in receipt of a letter executed by Rosalie Cooper, dated September 26th,
which my partner advanced to the city this a.m. as soon as we got it,
which supports the request for us to install this 104-inch by 17-inch,
I'm approximating and I'm estimating overages,
Stein over the entrance for the DeVita patient area to help better identify our medical facility
here. So we're glad. Counsel, could you make sure that letter goes to Hillary Emerson, our counsel?
I think it already did. I think my partner sent it over this morning to everybody on the
distribution list, but we'll make sure of that again. Mr. Chair, this is Hillary. Yes, I just
checked and we did receive the letter. Thank you. All right. Thank you. Thank you. Proceed,
council. Thank you. So with that, Mr. Chairman, what I'd like to do is a very simple application.
I don't want to take up more of your time this morning than we need to. I'd like to turn over
to Lindsay to perhaps walk you through the signage. We'll take you through the material,
the colors, the location, and we'll answer any questions you might have, of course.
Sorry about that. Proceed. Okay. You should have screen share capability, Lindsay.
there we go she does all right can everybody see my screen it's coming up it's up now we're good
okay so this is the sign that we are proposing um and as larry mentioned it is very similar to
the signers that's actually already on the property um there is one that we actually took
the measurements um and kind of replicated the devita kidney care sign after which is the new
Portland pavilion apartments. So you'll see that this is going to be half inch brushed aluminum
letters. And unfortunately, due to how the building is constructed, it's going to have to be
a roof mount sign. So the aluminum will be mounted to the backer and then have a three inch high
support systems, ankle support that'll be mounted directly to the roof. The second page kind of goes
through some more detail of the actual construction of that with the aluminum angle, the holes that
we would use, that there'll be no penetrations to the roof at all, and the different materials
that we would be using to actually adhere that to the top of the building. And then we also
did add in some additional information of what the top of the roof looked like and what the
The distance of everything is a.
Lindsay, do you have photos of the building?
Okay, so this is the sign that we would actually be replicating it off of, the pavilion sign.
And as you can see, this one's actually 260 inches long, so the one that we're proposing is actually quite a bit shorter.
lindsey i i proffered to the chairman of the board that these signages in keeping with other
signage on the property and in the area in your professional opinion um is this sign right sized
for the location that we're proposing hundred percent um with it being 15 square feet this
is a substantially smaller sign than we even do for DaVita dialysis on a normal basis where
their national sign vendor. So with the height of it actually only
So with the height of it actually only being a little less than 17 inches high, it definitely is smaller.
Lindsay, could you show us the building, please?
Is there a photo of the building?
Yep. Are you able to see the...
I think we're still stuck on the screen showing the construction.
Oh, I'm sorry.
Yeah, no, that's okay.
here i am going through the pictures and it's not showing you guys that would probably help right
you were explaining it very well all right here we go okay
and where it says new cartland apartments that's where the sign is going to be similar to that
correct yes all right okay so this is the sign that we actually um are replicating
um our techs went up there and took very detailed measurements um construction photos
construction drawings right okay to see what the roof looked like
mr kelly you have anybody from the organization there to adopt your testimony
uh you know my project manager is trying to log in he's having difficulties okay well you're you're
you're an officer of the court we'll accept it but thank you questions yeah questions from the board
all right questions or comments from the virtual audience
i see no he is chair by planning commission good morning chair bergman ian hegarty for the