Thank you.
how's it how's it look
currently chair we have 19 attendees you can proceed as you wish
thank you good morning everyone my name is bill bergman i will be chairing this morning's eba
hearings with me is our vice chair ismael shaheed president 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. And our board member, Taya Nguyen.
Present, Mr. Chairman. Also present is Hillary Emerson, our attorney. And we also have our
deputy director for planning and zoning, Kathleen Grady. Let's take a look at our virtual format.
The proceedings are being recorded. With your participation, you agree to be recorded.
The video will be available by contacting kathleen.grady at phil.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 also the address of the property in question.
And finally, the question and answer box on the screen is not for comments.
All comments should be directed to our Deputy Director, Kathleen Grady.
Let's look at our schedule for this evening.
Number two.
MI-2022-006-213-2551 West Silver Street.
There's requests for continuance.
Could Mr. Masters, the attorney in this case, please come on?
Good morning, Chair.
This is Nadia, and I'll be your co-host today.
Thank you, Nadia.
Steve Masters has been allowed to speak.
Good morning, Mr. Masters.
Good morning, Mr. Chair.
Could you please state your name and spell for the court stenographer?
Steve Masters, S-T-E-V-E-M-A-S-T-E-R-S.
Reed, do you swear or firm to tell the truth, the whole truth, and nothing but the truth?
We have a request for it continued. Could you please update us on this case?
Absolutely, Mr. Chairmembers of the board.
This case was before the board some time ago. We received a letter from the board authorizing us to return the application to L&I because the original application misidentified and described incorrectly what the changes are for this zoning project.
We were not involved with the case at the very beginning. We were brought in after the appeal was brought into the zoning board.
Ellen and I just last week on October, I'm sorry, on August 7th, issued its revised notice of refusal.
We have sent that in to the board as opposed to one notice of refusal before there are three use variances that are required.
We didn't have sufficient time between August 7th and today to have a RCO meeting.
We have had a site visit from the two RCO leaders in which they telegraphed to us that this was misdescribed and we needed to return things back to L&I, which we did.
So at this point, we're asking for a two-month continuance so that we can now have that RCO meeting now that we have the new revised refusal, and then we can go before the board.
Thank you. Thank you, Mr. Masters. So MI-2022-006-213-2551, West Silver Street cases continue. Thank you, sir.
Thank you so much.
I'm sorry, Chair. We also have a hand up with the phone number ending in 3552.
too, and they have been allowed to speak.
Adrienne?
Adrienne, could you please state your name and spell for the court sonographer?
Yes, I'm Adrienne Fernandez. My last name is spelled F-E-R-N-A-N-D-E-Z.
F-E-R-N-A-N-D-E-Z.
Right.
Right. Do you swear or tell the truth?
Do you swear or affirm?
Tell the truth, the whole truth, and nothing but the truth.
Please proceed.
For 2151 West Silver Street, I wanted to request that the refusal is still not correct, and it needs a second amendment or correction.
And I wanted to request that the refusal properly reflect what's being requested at this address.
Number one, this is actually a request for legalization, and that's not stated on the refusal.
The address is also not correct.
The Water Department lists this.
It's two parcels.
so the water department lists the address is 2551-53 west silver street so the request
on the um last two refusals were making it look like this was one building but this is two small
road houses that um a hole has been made in between we're not even sure it was safe and
there's two buildings with a hole in between making the request for changes to the use dimensions and
also lot lines. So we're also requesting that the refusal show that they're requesting a lot
line change to make one parcel out of two. Thank you. Mr. Masters, are you still on?
Yes, I am still on. I have a response to that, Mr. Chair.
Why don't you respond?
Sure. So this prior to the time that our client purchased this property, the previous owner did a lot consolidation.
OKA's policy now on lot consolidations is that the addresses are no longer hyphenated with multiple numbers, but just the first number is the designated number.
So that's not in our control. That's how L&I now designate this property as 2551, even though it includes the two lots, 2551 and 2553.
This is a legalization that's true of this use, but L&I doesn't ever designate in terms of their notice of refusal whether something is existing or not.
They simply put in the refusal what the application has called for, which is completely accurate.
So the concerns that the RCO leader raised are not concerns that can be addressed by this board or by L&I.
Those are concerns that she could take up with the Department of Planning and, you know, with other parts of the administration.
but that is the protocols now that are being followed by the city.
All right. Thank you. And thank you, Ms. Fernandez. The case is continued. Thank you both.
Number five. MI 2023-002-047-2231 Green Street. Jeffrey Kaiser is the attorney.
There is a request for continuance. Mr. Kaiser.
Chair, we have somebody by the name of Darlene Treat with their hand raised.
Darlene's the attorney.
I think she's, you're going to bring her on.
Maybe she now has this case.
I don't, I'm not sure.
They haven't allowed to speak.
Counselor, are you involved in this 2231 Green Street?
I apologize, Commissioner.
Okay, sure.
No, no.
We're going to get to you.
We'll get to you.
All right.
Mr. Kaiser.
Mr. Kaiser.
I see no hands.
Okay, thank you.
So MI 2023-002-047-2231 Green Street,
case continued, Mark must be heard.
Number six.
MI 2023-003-085-3550 North 6th Street,
Frederick Mann is the attorney.
Mr. Mann.
frederick mann if you're in our audience you haven't allowed to speak uh can you hear me
i can sir could you please state your name it's spelled for the court sonographer
thank you sir it's frederick mann m-a-n-n frederick is f-r-e-d-r-i-c do you swear a firm
to tell the truth the whole truth and nothing but the truth i do sir mr mann could you give
us an update on your case? Certainly. 3550 North 6th Street is a row house currently with
Row House currently with two apartments. It's owned by a very small inner city financially challenged parish that I'm representing pro bono. Candidly, I've never been before the board before.
two apartments. It's owned by a very...
And they seek to locate a community-based administrative office on the first floor. It's very small.
they had applied originally everything was ready to go except there was an internal glitch with
the diocese which is also on the lease and who i also represent um in getting approvals so we
request a continuance and all should be in order it was posted originally um everything was ready
to go. And we ask for a continuance. Thank you. Thank you, Mr. Mann. So MI 2023-003-085-3550,
North 6th Street, cases continued. Mark, must be heard. Number 11, MI 2023-006-613-5033,
Duffield Street. Cases continued.
Number 15.
MI 2024. 001
694. 2600 Mulefield
Street.
There's a request from the owner for continuous. Cases continued.
And then number 17.
MI 2024-002-165-1328, Fawn Street.
Cases continued.
Are there any other requests for continuances?
Chair, we have Darnie and Treat with her hand brace, and they have been allowed to speak.
Good morning, Commissioner.
Good morning, counsel.
So just state your name and spell for the court stenographer, please.
Darlene Threatt, D-A-R-L-E-N-E, Threatt, T as in Thomas, H-R-E-A-T-T.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you tell me what case?
This is 2337 North 30th Street.
ZP 2023.
Ms. Threatt, this is Hillary.
That case is on the 330 list.
Oh, I'm really sorry.
it's okay that's okay thank you there's another case actually miss three um i did want to ask
you about because i wasn't sure if you've been retained as counsel um give me one second
um four three five three paul street are you counsel on that case no i'm not okay all right
Thank you.
Let's go to some of our cases.
We do not have exhibits.
Number three, MI 2022-006-757-1134 Waverly Street.
This is the fourth listing.
We do not have exhibits.
Magloza Wachikitz is the owner applicant.
MAGA ROSA, IF YOU'RE IN THE AUDIENCE, PLEASE RAISE YOUR VIRTUAL HANDS.
I SEE MY HANDS.
MI 2022-006757, THIS IS OUR FOURTH LISTING.
I VOTE TO DISMISS.
MIKE JOHNS, MY VOTE IS TO DISMISS.
cheryl gaston my vote is to dismiss
ian win my vote is to dismiss tennetta graham my vote is to dismiss
ishmael shaheed my vote is to dismiss thank you number four mi 2023 001 026 4353 paul street
the listed owner is
Enrique Garcia and Rosa Cruz
this is the fourth listing
do we have a Spanish interpreter
in the audience
I see no hands
Ms. Cruz
no hands chair
all right Hillary
do we want to hold this because we don't have an
interpreter um i think we should give it one final listing just so we have an interpreter
thank you am i do you have a hand that just went up i'm not sure if they're connected to this case
jeff kaiser they've been allowed to speak kaiser was the lawyer that we continue the case am i
correct oh yes you're right yep mr kaiser i apologize i was having
Oh, yes, you're right. Yep. Mr. Kaiser. I apologize. I was having a connection issue.
Thank you.
Sure. Mr. Kaiser, just state your name, please. Jeff Kaiser, attorney for the applicant on a
different case. Spell your last name, please. K-A-I-S-E-R. Do you swear for him to tell the
truth, the whole truth, nothing but the truth? Yes, I do. We continued your case, Mr. Kaiser.
Okay. Thank you very much. Thank you very much. All right. And then number four, MI 2023-001-026-4353
Paul Street. Case is continued. Mark must be heard. Number nine. MI 2023-006-463-2528-30
South 69th Street.
Samantha Lyons is the listed attorney.
No exhibit, second listing.
Samantha Lyons, if you're in a virtual audience,
please raise your virtual hand.
I see no hands.
How about the listed owner, Deegan Ballion?
No hands, Chair.
We have Craig Melodosian with their hand raised, and they haven't allowed to speak.
Morning, Mr. Melodosian. Could you please state your name and spell for the court sonographer?
Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, Chair Bergman.
So this is the second listing we have for this case. We do not have exhibits as of yet.
uh i'm the coordinating rco uh we had spoken with counsel previously about this the uh
not to try it here uh the rcos are opposed to this and we had successfully opposed a previous
application at this location with the same owner uh we uh have not heard from her since the uh
continuance. Okay. Very good. Thank you very much, sir.
Thank you, sir. So, MI 2023-006-463-2528-30,