James Snell, my vote is yes with proviso.
Ismail Shahid, my vote is yes with proviso.
Thank you, Ms. Pagan. By the way, you did a great job presenting.
Thank you so much. Thank you for having me.
All right. Number nine.
MI 2023-000-481-1309-E-Sedgly.
Chelsea Spruel is the owner applicant.
letter of support from juniata park civic association and letter of non-opposition from
from Juniata Park Civic Association and letter of non-opposition from Councilmember Lozada.
Applicant also provided a petition of support signed by 16 neighbors, including seven on the
1300 block of East Stedgley. Mr. Chair, I have Erica Miller with her hand raised.
I will promote her to panels at this time.
hello apologies chair i am here representing the owner of 1449 south 32nd street
we spoke earlier about missing exhibits we resent them with evidence of having sent on friday and
again on monday my client is a medical sales person and she has a surgery that starts at 11
I was wondering if we could get moved out in this. Let me get through this and then we'll make sure we have everything. We'll get right to it. OK, I appreciate that. Sure, sure, sure, sure. Thank you. Chelsea Spruill.
yes my apologies sir she has been promoted to panelists all right thank you very much could
you good morning could you state your name and spell please for the court stenographer
good morning my name is chelsea school c-h-e-l-s-e-a last name s-p-r-u-e-l-l
right do you swear or affirm to tell the truth the whole truth of nothing but the truth
i do okay so this application is for personal care home in an existing structure
One referral, the proposed use personal care home requires special exception approval in the RM1 zoning district.
Our vice chair has just a few questions for you, okay?
Good morning, ma'am.
Have you emailed in all the required documents that are needed and required to receive the case?
I think it's scary.
Yes, I have.
Thank you. Please proceed and share your screen.
Thank you.
Green button is a bottom.
That's what I'm clicking on now. Here we are.
All right. I am seeking a permit for a personal care home in an existing structure.
okay and i submitted to lni virtually this is the referral
the application to the zba requesting a special exception the project information form
a copy of my d there are six uh pages to it by what they were fit for i didn't
mellow over the entire document though this is the certificate of tax compliance
The letter I sent to all of my neighbors within 250 feet of my property.
A couple pictures of the notice I put up near the property.
This is the front.
To the left, the right, and some photos of the interior.
I'll be honest, I'm still owner occupied.
I'm in a transition waiting for zoning and license and approvals.
so please excuse the personal effects this is the interior there are three
bedrooms one bath kitchen plumbing electrical heating the basement the
exterior central air the roof was recently done so we have a 20-year
warranty on that these are email documents sent to the RCL I emailed her
on jayuary 28th requesting a meeting to reply back february 9th with the date of 314 that is when i
met with the community and had the meeting this is a copy of the support i received from my near
neighbors i did knock on doors um and i was able to get 16 signatures of support i'm going to talk
a little bit about personal care home essentially it provides residents uh shelter meals uh
supervision for individuals either of older age, behavioral, cognitive, or, you know, mental health
challenges, those that need support, but not nursing care supports, essentially. It is governed
but not nursing care supports essentially it is governed by the department of human services
by the Department of Health.
and it is inspected and licensed via them as well and my specific goals to bring this to
juliana park is to create jobs affordable housing um there are drawbacks of course the cost of
programming this is either private pay or those that are receiving ssi in exchange for the services
Services would include nutrition, housing, transportation, health administration, you know, exercise, supervision, of course, but a lot of it will be tailored towards the client or consumer's individual needs.
There are some nearby personal care homes in Frankfurt.
That's the closest one.
In Philadelphia, we have about 54, but zero in Juliana Park.
I think there is definitely a need here.
That concludes my presentation.
Thank you.
The rest of the block is residential?
Are there any multiple family units or anything?
My side of the block is all family,
none multifamily across the street
as a personal care home and business.
And you have the letter of support
from the Juniata Park Civic Association
and also the council person.
Am I right?
Thank you.
Questions from the board?
no chair thank you questions or comments from the virtual audience
i do not see any hands mr chair planning commission thank you chair bergman and members
of the board david fecto with the city planning commission the comprehensive plan recommends a
change in zoning at this location from residential multi-family to resident residential single
family. However, as a multifamily zone property, a personal care home is allowed with a special
exception. The appellant has shown that the proposed personal care home will have no detrimental
impacts to the neighborhood beyond what might be expected from this use. The City Planning
Commission recommends that the board grant the special exception for a personal care home.
Thank you. MI 2023-000481-1309-E. Sedgley, I vote yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you. Thank you, ma'am.
Thank you.
Hillary, do we have the paperwork we need for that other case?
Yes, Mr. Chair, we have now received it.
I'm not sure why we did not receive it previously, but we have now received it.
And it is complete. The case may proceed.
What number is it again?
um give me one second
um number 13 okay 1449 south 32nd street thank you mi2023 000 725 1449 south 32nd street
council i think you've already been sworn am i right yes that's correct chair okay um
Could you identify your client in a relationship to the property?
My client is Fortuna Abubaker. She's the owner of 1449 South 32nd Street.
Okay. And our vice chair has just a few questions for you.
Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed in all the required documents that are needed? Proceed with this case five days in advance of this hearing.
Yes, we identified that, right? Please proceed and share your screen.
Thank you.
Okay, so we're here again on behalf of 1449 South 32nd Street, which is in the RSA 5 District.
This is a pretty straightforward case. My client, Ms. Abby Baker, is an innocent purchaser of this
property. The property was fitted as a two-family household in 2019 and Ms.
Abubaker purchased the property in 2020. Because the property is in a RSA 5
district, the two-family households are prohibited and a refusal was issued.
What I will call unit 1 is the first floor of off-the-street unit and unit 2
occupies the second and third floors. Ms. Abubaker lived in the second unit and unit two
for a period of time after she purchased it, but her work took her to Chicago,
which is where she lives now. While she lived there, she rented unit one.
While she lived there, she rented unit one and had a valid rental license.
Once she moved out, she began renting both units to do two different tenants.
One included the same tenant that was originally there in unit one, and then she did short
term rentals in unit two.
This is when Ms. Aberbecker received the violation for violating table 14602-1 because the property
is not zoned for a two family household unit.
I will show you the background with the deed, the appeal, and here's our refusal.
Mrs. Abbecker has gone through an extensive eviction process, including filing a court
filing for the eviction of Unit 1, so the property is currently vacant, and thus we're
here seeking the variance from Table 14602-1 to allow for a two-family household.
The property itself creates this hardship because it was fitted as a two-unit household,
so without the variance, Ms. Abubaker won't be able to get the full use of this property
and we'll be able to use it for rental purposes and to convert it back to one
unit household would be a huge cost and a huge hardship to her. I will kind of
walk you through the units one by one. Here are the external photos from the
street from 32nd Street this is entering unit two and then this is entering unit
one here are some photos of the internal of unit to the top second and third
floors they have separate entrances the bottom here's some photos from unit one
off of the street which is a studio with one with one full bath it has closets and a full kitchen
the unit two has two bedrooms and one and a half bath each has a separate front door as i mentioned
they are separately metered units and um that and then meters can be accessed through the backyard
there is shared water as miss miss abbecker pays for all water as the landlord
These are additional photos of unit one. Here's the bathroom. As you can see, it's very modern
and updated as it was completely refitted in 2019 before Ms. Abu Bakr purchased the property.
Here are the notice of violation posted on the property. This is a photo. As you can see,
was captured in October 2019. This is from Google and you can see the second entrance being
constructed. This is the tax map. Here's a notice to the RCO and our letter of support was at the
beginning here. Ms. Abubecker has sued the previous owner for over a lack of disclosure
during the purchasing process because of the issues with the home including
flooding and unfortunately faulty AC units. Brokers have been going back and
forth and it has settled because of the immense cost of litigation. Besides that
cost, she's also incurred expenses from the eviction process, fixing all the
undisclosed issues and making repairs and then of course this zoning process. The
use of this property as a two-family household doesn't negatively impact the community.
And I noticed because of this unanimous support from the RCO for a two-family household.
I'd like to bring Ms. Aberbaker in from the
crowd to answer any questions you may have.
Good morning.
jason did we share her hand no no yes sir okay he's in um i think she's in the crowd okay
okay i've allowed them to speak sir hi could you state your name please as bell for the
court stenographer fortuna abubakar it's f-u-r-t-u-n-a abubakar a-b-u-b-e-k-e-r
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Ms. Aberbecker, were you present for my presentation regarding your property?
Would you adopt all the information that I shared as your own?
Would you adopt all the information that I shared as your own?
Is there anything you'd like to add or correct from what I stated before?
Just that the property has been used as a two unit in the past.
and i had i i did not suspect i would run into this issue when i purchased it it was listed
on the mls as two unit all right thank you questions from the board
questions from the board
no chair
questions or comments from the virtual audience
do not see any further hands mr chair hi planning commission thank you chair bergman and board
members david effecto with the city planning commission the comprehensive plan recommends
no change to the residential single family zoning at this location this property was converted to a
two family dwelling without benefit of permits the appellant then purchased the property once
illegally converted the city planning commission recommends that the board grant the proposed use
variance for two dwelling units thank you mi 2023 000725 1449 south 32nd street i vote yes
james snell my vote is yes ishmael shahe my vote is yes thank you counsel thank you very much okay
All right. Let's go here. So, number three, MI 2023, 000461, 184 East Willow Grove Avenue.
Henry Clinton is the attorney. And Hillary, I believe we have another. Steve Masters may
to come on this too? Yes, Mr. Chair. Okay. Hi, Mr. Clinton, Mr. Masters.
Morning, Mr. Chairman. Henry Clinton here. Morning. Henry, state your name, please,
and spell for the court's sonographer of the record. Sure. Henry Clinton, H-E-N-R-Y,
Clinton, C-L-I-N-T-O-N. Right. Do you swear or affirm to tell the truth, the whole truth,
and nothing but the truth? I do. Mr. Masters, could you state your name for the record, please?
Good morning, Mr. Chair. Steve Masters, S-T-E-V-E-M-A-S-T-E-R-S. Right. Do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth? I do. Mr. Clinton, you want to
start? I understand we have an agreement or explain this, if you would. Yes. Yes, Mr. Chairman,
we do. Can I share my screen? You most certainly can. You most certainly can. And we do have all
your records, so we're good. And could you identify who your client is, Mr. Masters? I mean, Mr.
Clinton. Sure, Mr. Chairman. My client is Andrew Keats, K-E-A-T-S. He's the sole member of the
LLC, which owns the property. He's an owner, occupant, and a former tenant at this property,
and he is on the call. Thank you, Mr. Clinton. Can you see my screen, Mr. Chairman? Oh, yeah,
we're good. We're good, sir. All right. Well, good morning, Mr. Chairman, members of the board. Again,
henry clinton for andrew keats this concerns a property at 184 east willow grove avenue
i'll walk through my presentation binder which contains table of contents a1 through a12
as well as zoning records indicating that there are several multi-family properties in this locale