The comprehensive plan recommends no change to the residential single-family zoning at this location.
There is no unique physical condition or circumstance of this property that would prevent it from being used in conformance with the zoning code.
The City Planning Commission recommends that the board deny the variance for location of accessory parking.
Thank you. MI 2023-000402-266 Hendrick Street, I vote yes.
James Snell, my vote is yes.
Aish, try one more time, you break it up.
is try one more time
you break it up
Thank you.
court stenographer
did you get that
chair I heard
my vote is yes
okay thank you very much
thank you counsel
thank you
is there anyone in the audience
whose 930 case has not been called
I do not see any hands, Mr. Chair.
Thanks, everyone.
See everyone at 2 o'clock.
Good afternoon.
My name is Bill Bergman, and I will be chairing this afternoon's EBA hearings.
Our Vice Chair Ismail Shahid should be on shortly.
Board Member Thomas Holliman is here.
President, Mr. Chairman.
And our Board Member James Snell is here.
President, Mr. Chairman.
Also present is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sunken.
Be advised these proceedings are being recorded.
The video will be available by contacting tanyasunkett at phillip.gov.
For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and 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 and answer box on the screen is not for comments or testimony.
All comments should be directed to our Executive Director, Tanya Sunken.
Let's take a look at our continuances for today and the status of some of our cases.
Recording in progress.
I'm here, Chair.
All right, great.
Number eight, MI 2022-006-210-4619-21 Lancaster Avenue.
Robert Espinal is the president of that organization, and we also have an interpreter on that case.
may the interpreter raise their hand i'm sorry good afternoon chair this is fatina i'll be your
co-host for this afternoon thank you fatina and i'm allowing him to speak now okay
and hello my name is stephen and i'll be the spanish interpreter
Good afternoon. Thank you. Could I swear you in, please? Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Thank you.
Mr. Espinal.
Mr. Chair, can you have the interpreter just state and spell his name for the record?
Yes. I'm sorry. Could you spell your name for the record, please?
Yes. My name is Stephen Aubain. Stephen S-T-E-V-E-N. Aubain, A-U-B-A-I-N.
Thank you.
Mr. Espinel.
Señor Espinal.
Would you please ask him to raise his virtual hand?
He has a few devices logged in.
Así que, Señor Espinal, si usted puede levantar la mano en su dispositivo para poder encontrarlo.
Okay, he's been allowed to speak.
Please ask him to unmute.
Asi que ya se le permitio hablar, si puede quitar el micrófono de silencio.
Couldn't the state his name and spell it for the court's sonographer?
Asi que deme su nombre y por favor dele trelo.
Please ask for him to unmute. He's returning as a panelist.
Así que, por favor, quite su micrófono de silencio o quite el mute para que pueda hablar.
Roberto A. Espinal.
And Denter Pro requires clarification. ¿Me lo puedes deletrear?
R-O-B-E-R-T-O.
S-E-S-P-I-N-A
E-S-P-I-N-A-L
Roberto Espinall. Roberto is spelled R-O-B-E-R-T-O. Middle name is A. Espinall, last name E-S-P-I-N-A-L.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
¿Usted jura y afirma decir toda la verdad y nada más que la verdad y la verdad entera?
Sí, señor.
Yes, I do.
The first thing we want to clarify, does he have an attorney today?
Primeramente, queremos clarificar, ¿Usted tiene un abogado el día de hoy?
No, no pude tener abogado porque me lo notificaron hoy a las ocho de la mañana y no sabía que era requerible.
So I wasn't able to get a lawyer because I was notified at 8 in the morning and I wasn't able to get one last minute.
So this case is going to be continued.
We will try to get it back in when we can, but he needs an attorney.
Así que este caso lo vamos a continuar.
Vamos a tratar de reprogramarlo y usted necesita tener un abogado para este caso.
when would it be the possible earliest date that i could have this since i am suffering
Not sure when that'll be.
We try to get him in the best we can,
but I can't give him a date right now.
Así que no sabemos cuándo eso será.
Este lo vamos a tratar de hacer lo más antes que podamos,
pero no le puedo dar una fecha.
Please, please reach out to the office
regarding the scheduling.
Y por favor contacte a la oficina
acerca de las programaciones.
And they will work with you on a date.
Y ellos trabajarán con usted acerca de una fecha.
okay all right thank you thank you to the interpreter and please tell him thanks and
we'll do the best we can well he should call the office and we'll see what we can do okay
thank you thank you thank you interpreter no problem thank you for using our service okay
Okay. Number 10, MI2023-00982-224 East Mount Airy Avenue. This case is continued.
Are there any other requests for continuances?
I see no hands, Chair.
Okay. We're going to go to our add-on list.
I'm sorry. One just went up.
Oh, that's okay.
Okay. Stephanie, last name ending with M?
Yes, Mr. Chair, can you hear me?
This is Stephanie Boggs and Claire Harrison.
Hi, could you, just for the record, spell your name for the court reporter.
Sure, Stephanie Boggs-Megania, last name is M-A-G-A-G-N-A.
Right.
Claire Harrison, Harvey Bransburg, 1835 Market Street.
Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
we had your case marked as a continuance yes that is correct i hadn't seen it come up on the
chat so i just wanted to confirm that that was registered yeah yep i continued that okay thank
you all right thank you thank you for checking all right we're gonna go to the add ones
Number one, MI 2022, 003-544-504-North Pleasant Place.
I vote yes to this, and Thomas Holloman and Ishmael also vote.
Thomas Holloman, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you. Excuse me, Chair. Could I please have Mr. Holloman repeat his vote? I did not hear. Tom, repeat your vote, please.
Thomas.
Start with a yes, Thomas.
Yes. Thank you, Thomas. Thank you.
Thank you. Number two, Ishmael and Jim Snell will be voting.
Ishmael and Jim Snell will be voting. MI 2023-000-559-230-236 Vine Street.
I vote yes proviso. Her amended refusal dated 6-20-23. Additional provisos.
1. Roof deck accessory to visitor accommodation use will close by 8 p.m. and be limited to 50
occupants unless further restricted by the building code. 2. Roof deck accessory to sit-down
restaurant use will be limited to 100 occupants unless further restricted by the building code.
No live or amplified music. We'll close by 10 p.m. on Sunday through Wednesday and midnight Thursday through Saturday.
James Snell, my vote is yes with Proviso.
Ishmael Shaheed my vote is yes with provisos yes with provisos thank you Ish um number
three. MI 2022 007 382 2817 North 12th Street. Thomas Holloman and Ishmael, vote along with me.
I vote yes.
I vote yes, Thomas Holloman.
One more time, Tom.
i vote yes i vote yes thomas holliman thank you
kelly was that you're okay yes chair thank you can you hear me you need to say it again
Yeah, you're better. You got it. Number four, MI 2023-002-809-1401-South 13th Street.
Okay. Be right with you.
Thomas Heilman and Ishmael also vote on this. I vote yes. Her amended refusal dated 6-13-23,
maximum one dwelling unit. Temporary variance for the takeout restaurant use expires 8-1-28
and takeout restaurant use limited to the retail sale of baked goods that may be baked on the
premises. Yes, proviso, Thomas
I don't know.
Thank you.
Ishmael's getting back on.
He's still not back here.
he's still not back chair i know i just said he was trying to get back in it sir
he said his whole thing shut down a minute
mr chair this is hillary while we're waiting um i just wanted to interject um it's come to our
attention um with number excuse me um number nine mi-2023-002342 1716 18 addison street
that the hearing notices were not sent out um and we do not see the the property owner here so he
may not be aware that there's a hearing so we're going to go ahead and continue this case and we'll
send out notices for a new date let me do it right now so mi 2023 002 342 17 16 to 18 addison street
the case is continued thank you
you back ish
we see ishmael yet i see his device but i'm not sure if um he's still having technical issues
because he's not a mutant
yeah he it kicked him right back out chair
oh he's coming in again can you hear me now
We can hear you, Mr. Ishmael.
All right, I'm here.
And you can continue, Chair.
You're just on mute.
You are on mute, Chair.
Here's rule number four of the Aduans, 1401 South 13th Street. Thomas has already voted yes,
and I have. Here it is. It's a yes with provisos. One, per amended refusal dated 6-13-23,
maximum one dwelling unit, temporary variance for the takeout restaurant unit,
expiring on 8-1-28
and takeout restaurant is limited
to retail sale of baked goods
that can be baked on the premises.
you guys
say it again yes can you hear me yes i can now say yes with proviso yes go ahead yes i can now
2-0-0-5-1-8-0, 1841 North 22nd Street.
It's Ishmael, Isher, leading this, and Thomas and James Snell.
Can you lead this, Isher?
Thomas, how are you?
Yes, I'm here.
i'm here chair now you're good
that's the case you're leading i got you uh so mi2022-005180 1841 north 22nd street
right uh ishmael shaheed my vote is yes with proviso per amended refusal dated five nine
Thomas Holliman
my vote is yes
with proviso
James Snell my vote is yes
with proviso
number six
MI 2022