my name is Pedro Diaz
I'm sorry
No, that's fine. I think that that's correct. Josias Diaz is his son, and he's probably just using his computer, but I'm not recognizing his voice, so.
Please state your name and spell for the course stenographer.
Pedro Diaz, P-A-D, oh, I'm sorry, P-E-D-R-O-D-I-A-Z.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Pastor Diaz, did you have an opportunity to hear my testimony this morning?
Do you agree to its accuracy?
If you were to testify, would you incorporate that testimony as your own?
Is board satisfied?
Sure, yes.
Questions on the board?
No, Mr. Chairman.
No questions, sir.
There he is.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Questions or comments from the virtual audience?
There are no hands, Chair.
Planning Commission.
Hello, Amy Boyd with the City Planning Commission.
The comprehensive plan recommends no change to the existing single-family residential zoning at the site.
The appellant has not shown that the dimensional compliance would cause significant financial hardship.
Lack of parking under the current use is an existing condition.
The City Planning Commission recommends that the board deny the dimensional variances for side yard and occupied area and grant the variance for no off-street parking.
MI 2023-007-094-6969 Van Dyke Street, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Thank you, counsel.
Thank you.
You can, sir. Is there anyone in the audience from the 930 list whose case has not been called?
There are no hands, Chair.
Thanks, everyone. See everybody at 2 p.m.
All right. Thank you.
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's hearings.
Our Vice Chair, Ismael Shaheed, should be on shortly.
Our board member, Thomas Holliman.
Present, Mr. Chairman.
Our board member, James Snell.
Present, Mr. Chairman.
And also here is our Attorney, Hillary Emerson, and our Executive Director, Tanya Sunket.
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 tanyasunket at phil.gov.
For our court snarker, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating in my phone, press star 9 to raise your hand and star 6 to unmute.
To enter a period statement, call 267-270-5548.
Leave your email address and the address of the property in question.
And finally, the question box on the screen is not for comments or testimony.
All comments should be directed to our executive director, Tanya Sunkett.
Let's look at our schedule for this afternoon.
With you.
Okay, one minute.
Number one, MI 2024-001-169-10914, named Nandina Court.
Vern Anastasio is the attorney.
Mr. Anastasio.
Morning, Mr. Chair.
Good afternoon, Mr. Chair.
Good afternoon.
Could you just state your name for the record, please, and spell it for the hand?
It's Vern Anastasio, A-N-A-S-T-A-S-I-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I understand you may have a request for this number one case.
Spoke to the RCO.
They'd like to see a slight reduction in the number of units that we are amenable to, so they've asked us to return.
Thank you.
So MI 2024, 001-169-10914, Nandina Court, case is continued.
Thank you, sir.
Thank you.
Number three, MI 2024, 001-411-1104 North 42nd Street, case is continued.
Number five, MI 2024, 001-569-1840 South Camac Street.
Number H, this case is continued, attorney moving party.
Number six, MI 2024, 001-510-7929 Roanoke Street.
Case is continued.
Number seven, MI 2024-000-901-2337 South 13th Street.
That case is continued.
And number nine, MI 2024-001-570-1839 South Eismaner Street.
That case is continued.
Attorney moving party.
Mr. Shaheed, are you online yet?
Mr. Shaheed, are you online yet?
I'm going to go to our regular list.
I have a few out-of-ones we'll do at the end.
Thank you.
Number two, MI 2024, 001-621-5416 Vine Street.
Henry Clinton is the attorney.
There is a letter of support from HMC Squared Community Association.
Good afternoon, Chair. This is Doreen Blakey, and I will co-host this afternoon.
Okay. Mr. Clinton, please.
Yes, I'm looking for Mr. Clinton. There he is. I'll promote him now.
Mr. Clinton?
There he is.
Mr. Clinton, you've already been sworn. Could you just state your name for the record?
Sure. Henry Clinton, C-L-I-N-T-O-N.
And can you identify your client, their relationship to this property?
Sure. Two clients, Josh Friedman and Solomon Friedman, F-R-I-D-M-A-N. They're members of
the entity that owns the property, which is C as in Charles, Y as in U, P as in people,
the number two LLC. Okay. Mr. Holman has just a few questions for you, sir.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his
accuracy? I do. Did you email all of the exhibits and documents as required five days in advance to
this hearing? I did, and I added some photographs two days ago. Thank you. Please proceed and share
your screen. Thank you, Mr. Holloman.
Invisible, Mr. Chairman? It is, sir. All right, good afternoon again. I'm here on behalf of CYP2
LLC, and this is a property of 5416 Vine Street. We are requesting a three-family dwelling in an
existing building, which at one point in time was actually used for four families on a block
that has multifamily and we have parking also. Cable of contents, AA through A10, and I have
numerous zoning records indicating other properties on this block, this 100 block, 5,400 block of vine
are also multifamily. The refusal, it's an RSA3 zoning district. Two refusals,
proposed multifamily household living prohibited. And the second is accessory parking. Three spaces
are required. We do have three spaces. And when you get to the letter from the community group,
you'll see that they really didn't vote on that because they figured we had three spaces.
This is the RCO letter of support, indicating that we met, they had comments, and they voted to support the project, basically four to one.
And their summary letter really says it all.
This application, this proposal, will not alter the essential character of the neighborhood,
doesn't substantially or permanently impair the appropriate use or development of adjacent
property and is not detrimental to the public welfare. There's three gas meters, there's three
electric meters. It's been used as a multifamily since the 1950s, and I have records of that,
and the property has been vacant for five years. And there's also several multifamily dwellings
in the neighborhood, and it's buildings too large for a single-family property. Those will be all
the comments I would make at the end of this presentation, Mr. Chairman, so I'm not going to
be redundant. I will just incorporate them as part of my closing. Thank you, sir. Photographs
of the building. It's a twin. There's a large driveway to the right, and you can see it is
the largest property on the block, probably by about five to seven feet. This is a view from
the rear, just to give you a perspective. This is looking eastbound on Vine. Again, you can see the
car one car and other photographs that i have indicate several cars along the side
driveway area and there is a curb cut right there in front of the property this is looking westbound
and you can see there's two cars there now and on occasion there's three this is the front of
the property it's a very long property we're not touching the footprint or the height or any of the
We're not touching the footprint or the height or any of the open space in the rear yard,
open space.
and we have no refusals because of those issues.
This is the basement, three electric meters.
One's pulled, but there were three panel boxes.
There's one gas meter, but you can see their stubs where the other two gas meters were.
They've been pulled for whatever reason.
The exterior, and this is the interior.
The property is in really bad shape.
We're going to remove a lot of the partition walls.
And when I show you the floor plan, we're just going to reorient the building a little bit.
But it's in pretty poor shape.
Rear yard.
And here's the plans.
First floor plan.
You would enter from the front door.
come in to the front first floor apartment,
which is two bedrooms and one bath.
And then the second apartment
is in the rear of the property.
That's one bedroom, one bath.
On the second floor, we have one large apartment,
which is three bedrooms and two baths.
That's the basement.
Basically, that's going to be for the mechanicals.
Three hot water heaters we'll have.
We'll have, again, three meters,
probably four meters one for the common space areas and then we'll have three gas meters
there's application for appeal our tax certification our zoning map indicating
the rsa3 zoning district the deed indicating ownership of january of this year and the client
and CYP2, LLC.
Mailing, 91 letters went out to the adjacent neighbors.
And this is the historical records.
Again, our property at one time was used for four-family, adjacent, two-family.
And these are all on the even side of the street, 30, 32, 34, all multifamily.
And I'll show you this zoning record, 54-36.
2024 was just granted a variance for eight families down toward the end of the block.
Across the street is a three-family.
There used to be a two-family, a 5423, and a dry cleaners.
And then at the very end of the block, PHA has a few hundred units for residents in the area.
So I'll go through these.
I don't want to spend a lot of my time and waste your time, Mr. Chairman, but just again,
And historical records indicate 5416 Vine Street was a four-family at one point and then moved to a three-family, which is what we're asking for now.
So we're basically just reinstituting the use that went dormant for many years.
This is a layout of the property from back in the day.
This is 5414, the adjacent property, two apartments.
this is 54 30 sideways but that says two two family 54 32 again multi-family three family
now look some of these records are dated Mr. Chairman and I'm not saying that there's three
families there now and I'm not obviously not going to knock on the door but this is the latest zoning
records that we were able to locate. 5434, the same thing, three family. And this is the most
recent zoning record I was able to find on the block on the even side, which is the same side
of the street as our property, my client's property. 5436, new construction permit,
hold for a four-story, eight-family dwelling as per approved plans. And you can see it's been
issue. So that's right down at the end of the block. And then we go to the odd side of the
street, 5421, two-family, 5423. This is the one I pointed out. It was a dry cleaner at one time,
which is not now, and a two-family. And then this is the PHA. It's actually an interior street,
Sickles Way, and they have 348 rental units down at the end of the block.
So in conclusion, again, to mimic and echo what the community group said, we have an existing home used for three-family, in disarray, vacant for five years, no extensions of the rear or going up.