Thank you.
CHAIR, WE HAVE 34 ATTENDEES AND WE CAN START AS YOU WISH.
THANK YOU.
GOOD MORNING.
MY NAME IS BILL BERGMAN AND I WILL BE CHAIRING THIS MORNING ZBA HEARING.
WITH ME IS OUR VICE CHAIR, IJMAEL SHAHEED.
PRESENT, MR.
Our board member, Thomas Holliman.
Present, Mr. Chairman.
And we also have an alternate board member today from Development Services, Emily Persico.
Present, Mr. Chairman.
Thank you.
Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.
Here's our virtual format.
Be advised the proceedings are being recorded.
A video will be available by contacting TanyaSunkett at philip.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.
So on 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 directed to our Executive Director, Tanya Sunke.
Let's look at the continuities we have this morning.
Number six, MI 2022-003-671, 1825 South 22nd Street.
This case is continued to August 30th, 2023.
And number 11, MI-2022-003-437-6900 Chester Avenue, Parcel B.
This case has been requested, continues from Councilman Johnson and the 40th Ward Republicans.
Is Hal Shermer present?
Mr. Chair, this is Hillary.
I actually just got an email from Mr. Shermer that his clients are in agreement with the
continuous request. Thank you. So MI 2022-003-437-6900 Chester Avenue, Parcel B. That case
is continued. Is there anyone in the audience who has comments relative to two cases I just
continued good morning mr chair this is jason hand i will be co-hosting this morning i do not
see any further hand at this time thank you very much jason are there any other requests for
continuance we have a hand up from mr joe joseph council i have allowed him to speak
Good morning, board, Joe Consul.
I got brought in yesterday for 825.
Mr. Consul, hold on one minute, just for the record, spell your name.
Sorry.
It's Joseph J-O-S-E-P-H, last name Consul, C-O-N-S-O-L-E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, Chair.
Which case?
It is 825 South 13th Street.
Hold on a minute here.
That's case number eight.
I was brought in yesterday very late as counsel here.
I don't believe a packet was sent.
Perhaps Hillary could confirm that for me.
There were no exhibits submitted, Mr. Consul.
Thank you, Hillary.
So in that case, I believe this would be the final continuance.
I think that happened once before, but I'll have a word.
So, MI 2022-003-753-825 South 13th Street, that case is continued, must be heard.
Thank you.
I thank you, Mr. Consul.
Are there any other requests for continuances?
Mr. Chair, I do not see any further hand.
Okay, thank you.
I have several cases that we do not have exhibits. Hold on a moment.
Exhibits, number one, MI 2022, 003-512-941-Dorset Street.
We have no exhibits.
This is the second listing.
Mr. Chair, I have Mr.
His hand was raised.
Now I put it down.
So I do not see any hands for that case, Mr. Chair.
So MI 2022, 003-512-941-Dorset Street.
This is the second listing.
No one appeared the last time.
I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
it's no shaheed my vote is to dismiss
number three mi 2022 003 655 1021 dickison street no exhibits second listing frank martirano is the
honor applicant. I see no hands raised, Mr. Chair. So MI-2022-003-655-1021 Dickinson Street,
second listing. No one appeared the last time. I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
ishmael shaheed ishmael shaheed my vote is to dismiss
thank you um number eight we already have done number nine mi 2021 000 981 54 15 cedar avenue
no exhibits third listing lisa bethea is the listed owner
no hands mr chair so so mi 2021 000 981 5415 cedar avenue no exhibits third listing no one
appeared the last listing, I vote to dismiss. Thomas Holloman, my vote is to dismiss.
Ishmael Shahid, my vote is to dismiss.
Thank you. Number 13, MI 2022 003-648-513 North Holly Street.
Matthew Ragano is the listed applicant. No exhibits, second listing, no record of an RCAO meeting. No one appeared last time.
no hands mr chair thank you so number 13 mi 2022 003 648 513 north holly street
second listing no one appeared the last time i vote to dismiss
Thomas Holloman
Ishmael Shahid
My vote is to dismiss
Thank you
Number 14
MI2022
003652
Judson Street
Paula Carter is the owner
No Exhibits second listing
Again, no hands, Mr. Chair.
Thank you. So MI 2022-003-652-8886, Judson Street, second listing, no exhibits.
Ms. Carter was here the last time. I vote to dismiss.
Thomas Hollowan, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Thank you.
And number 16, MI 2022-004-490-218 West Tabor Road. Franklin Daniel is the owner-applicant. No exhibits, second listing.
No hands, Mr. Chair.
Thank you. So MI-2022-004-490, 218 West Tabor Road. No exhibits. Second listing. No one appeared last time. I vote to dismiss.
Thomas Solomon, my vote is to dismiss.
Ishmael Shahid, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Thank you.
Thank you. We're going to go to our...
We're going to go to our add-on list.
MI 2022-007-137-454 Delmar Street.
The vote in this matter is being rescheduled to Wednesday, June 7th, 2023 at 9.30 a.m.
Number two, MI 2022-007-127-606 Pine Street, I vote no.
Thomas Pollard, my vote is no.
Ishmael Shaheed, my vote is no.
Thank you.
We're going to go to our regular list.
Number two, MI 2022-001-991-1239 North Allison Street. Amari Jax is the owner applicant. It's pro se.
Mr. Jax, we'll be rejoining as panelist, sir.
Thank you.
Good morning, Mr. Jax.
Hi, it's Ms. Jax, actually.
Okay, thank you. Could you state your name, please, as a spell for the court reporter?
Yes, first name is Amari, A-M as in mom, A-R-I, last name Jax, J-A-C-K-S.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth.
Could you turn your video on, please?
The lighting is bad.
You guys see?
We see you.
Light's bad, but we do see you.
So, do you swear to tell the truth, the whole truth, and nothing but the truth?
All right.
Thank you.
This application is for two-family household living in an existing structure.
The proposed two-family household living is prohibited in the RSA 5 zoning district.
Our vice chair just has a few questions for you, okay?
Good morning, ma'am.
Have you emailed all the required documents that are needed to proceed with this case five days in advance of this hearing?
I have, yes.
Thank you.
you can proceed please share your screen. And I will note you do have a letter of
support from HMC Square Community Association. Okay thank you.
The green button at the bottom. Yep got it.
So this is how it looks now. Can you guys see? We see a picture of a chair with a little table.
So this is just one of the rooms. It was a carpet. I changed the flooring to laminated flooring.
Let's go to the next one. Just a moment.
Why don't you show a picture of the outside of the building first?
I can do that. One second.
This is the exterior here. The wooden fence.
Okay. Yep.
Front door. So back up.
This is entering the second floor unit. There's the stairs.
This is the kitchen.
This is the bedroom.
This is one of the bedrooms here.
and then the initial bedroom floor I removed the tenant. This was her master bedroom.
The bathroom, the hallway that leads down to the steps upon entry and then you see the kitchen
there and the bedroom is behind where this photo was taken. This is in the first floor unit which
is connected to the basement. Shows two separate panels, one for the first floor, one for the second
floor to utilize the electricity obviously. I had the bathroom redone in the first floor unit which
I'm currently living now so this was the initial flooring and has changed to laminated flooring as
well. Same here this was the progress in the hallway of the first floor unit leading to the
two bedrooms one ahead and one to the left. This is the main bedroom which you just saw in the
beginning with the desk and the chair.
I threw out the initial oven that was here
throughout the initial oven that was here for the first floor unit. So this is just the flooring
for the first floor unit.
So this is just the flooring that was underneath.
that was underneath or I guess underneath and behind that oven that has been replaced now.
This is the basement which was totally redone. There was some carpeting that was used for
business that should not have been there in the first place. Got rid of that and replaced that
with laminated flooring as well. Another photo of that and then the interior of that middle room that
you saw earlier, and we're back at the beginning. So, Ms. Jax, how long has it been a duplex?
It has been a duplex. I purchased this in 2021. It's been a duplex. I believe the previous owner
had it listed since the early 2000s. I want to say 2005. I might be wrong. Okay, so you bought
it as a duplex. Correct, but it wasn't a zoning issue. And then you rehabbed it. Yeah, I'm still
in the process of rehabbing slowly but surely I'm living in the first floor unit right now
and and one other question are there other duplexes on the block there was one I noticed
further down I'm not sure what number that is but I would say it's 12 30 something I'm not sure
okay all right all right thank you questions from the board
no Mr. Chairman
no chair questions or comments from the virtual audience
i see no hands at this time sir planning commission thank you chair bergman and good
morning david fecteau f-e-c-t-e-a-u with the city planning commission do you swear or affirm to tell
the truth the whole truth and nothing but the truth yes sir i do proceed sir thank you sir
uh mr chairman and members of the board in 2021 the zoning map was amended from residential
multi-family to residential single family on this block and many of the surrounding blocks
the zoning map amendment was recommended by the comprehensive plan and passed by city council with
the support of the community the intent of the zoning map amendment was to encourage single
family infill on neighborhood streets. The proposed use conflicts with this zoning goal.
The city planning commission recommends that the board deny the variance.