okay chair we have 53 attendees you can proceed as you wish thank you good morning everyone my
name is bill bergman and i will be chairing this morning's eba hearings with me as our vice chair
ismail shaheed president mr chairman our board member thomas holliman president mr chairman and
our board member, James Snell. Present, Mr. Chairman. Also present is our attorney,
Hillary Emerson, and our executive director, Tanya Sunken. Here's our virtual format. Proceedings
are being recorded. With your participation, you agree to be recorded. Video will be available by
contacting tanyasunken at phil.gov. For our court sonographer, we ask attorneys and witnesses to
identify themselves before testifying. If you're participating by phone, press star nine to raise
your hand and star six to unmute. To enter an appearance 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 Sumpkin. Let's look at our schedule for today. Number one, MI 2023-003-382-6340
Musgrave. This case is continued. Mark must be heard. Number three. Hold on one minute.
Number three, MI 2023-003-477-4231-61 North 5th Street. That case is continued.
Number five, MI 2023-003-524-5618-22 Chew Avenue. Darlene Treat is the attorney.
I believe this may be a request for a contingent.
Counsel.
Good morning, Jared.
This is Nadia, and I'll be your co-host today.
Thank you.
Darlene Treat has been allowed to speak.
Good morning, Counsel.
Could you please state your name?
It's spelled for the court sonographer.
Good morning, Commissioner.
Darlene Treat, D-A-R-L-E-N-E, Treat, T as in Thomas, H-R-E-A-T-T.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
I understand you want a continuance for this case?
Yes, Commissioner, we had to change civic associations.
We had a meeting scheduled yesterday.
It had to be canceled.
And this is an all parties request for continuance.
Thank you very much.
So MI 2023-003-524-5618 to 22 Chu Avenue.
That case is continued.
Number six, MI-2023-005-953-5646 Cedar Avenue, that case is continued.
And number nine, MI2024-000127, 5458 West Burke Street.
Leroy Wichert is the owner applicant.
Could Mr. Wichert please come on?
Leroy Wichert has been allowed to speak.
Good morning, sir. Good morning. Could you please state your name and spell for the court sonographer?
Sure. Leroy, L-E-R-O-Y, Wichit, W-H-I-T-C-H-E-T-T.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
Sir, is your case ready to go on today? I understand.
I think I have most of my materials in. I did not receive the public meeting, but I submitted all my other documents. I guess I'm still waiting for my tax clearance certificate.
And you also, the RCO meeting has not been held?
Yes, the RCO meeting has not been held. I have reached out to the RCO and left messages and I haven't received a date for the.
Yes, the RCO meeting has not been held. I have reached out to the RCO.
OK, so so we're going to continue this case.
If you have any questions about what you need for for the hearing, please feel free to call the office.
OK. OK. So and my 20, 24, 0, 0, 0, 1, 2, 7, 54, 58 West Burke Street.
That case is continued. And number 12, MI 2024-000-179-1514-16 Church Lane, that case is continued.
Are there any other requests for continuance or any comments about the cases we continued?
I see no hands.
Okay. We also have a few cases here with no exhibits. MI 2023, this is number two, MI 2023, 003440, 1624 Naples Street. We have no exhibits.
this case was continued back in December
is Mohamed Montagher
in the audience
Mohamed Montagher has been
allowed to speak
Good morning sir, could you please state your name and spell for the
court stenographer? Good morning sir, my name is Mohamed
M-O-H-A-M-M-E-D
and last name Montahar
M-O-N-T-A-H-A-R
Okay, do you swear or affirm
to tell the truth, the whole truth, nothing but the truth?
Yes, sir. Sorry.
Yes, please.
So, we do not have
we have a letter from the
Ron Horst Civic Association
saying that there has been no meeting.
Yes, sir.
I didn't
hire a lawyer
because I went to the lawyer
this time they want a lot
of money from the case
more than $10,000
so I didn't
able to hire a lawyer
so I submitted all of the papers
of the
GPA board and
they told me then
you meet the meeting then after then they'll talk
about you
so you're going to have to have
civic association meeting, and you're going to also have to make sure that all of your paperwork
is put in. We're going to continue this one more time, but the next time this case has to be heard.
Do you understand? I understand, sir, but one question, sir. I didn't understand a lot of
paperwork there, so when I went to the lawyer, they had a lot of money. Okay, so here's the thing.
If you have any questions on what you need, call the zoning board office.
They will try to help you, but we're going to have to continue this case today, sir.
I'm sorry about the lawyer, but they'll tell you how you can present this yourself if you can, okay?
So MI 2023-003-440-1624, Naples Avenue.
This case is continued.
Mark must be heard.
And number four, MI 2023, 003-495-3911-19 North Fish Street.
Augustina Marina is the listed owner.
No exhibits.
This is the second listing.
Mr. Chair, this is Hillary.
Just to clarify, Augustina Marina is the listed applicant.
And SNS Realty LLC is the listed owner.
Augustina, if you're in the audience, please raise your virtual hand.
I see no hands.
So MI 2023-003-495-3911-19 North 5th Street.
This is the second listing.
We have no exhibits.
No one appeared.
The last time I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Thank you.
We're going to go to our add-on list.
So MI 2022-004-440-204 North 52nd Street.
Mr. Holloman and James Snell
Mr. Holloman and James Snell, before they vote, will certify that they reviewed the video of this. I vote no.
Mr. Holloman.
Thomas Holloman, I certify that I reviewed the video and my vote is no.
So, James Snell, I certify that I reviewed the video of the March 6, 2024 hearing in this manner, and my vote is no.
Mr. Shaheed, my vote is no.
So number two, MI 2023-006-538-6858 Keystone Street, voting on this will be myself, Thomas
Hallman, and James Snell.
I vote yes.
And Mr. Chair, sorry, just briefly, it's 6658 Keystone Street, just to clarify the address
for the record.
Thank you.
Thomas Holloman my vote is yes. James Snell my vote is yes. I'm sorry Mr. Chair there is a proviso
for this one per refusal dated 5-2024. Can we please re-vote this matter? Sure. Thank you.
MI 2023-006-538-6658, Keystone Street. I vote yes, proviso. Her amended refusal, 5-20-24.
Thomas Holloman, my vote is yes, with proviso. James Snell, my vote is yes, with proviso.
number three mi 2023 007025 7001 tulip street
i vote yes her amended refusal dated 3 2024
um no living in the garage is that okay hillary no household living in the garage
No household living in the garage.
Thomas Holloman, my vote is yes, with proviso.
James Snell, my vote is yes, with proviso.
Thank you, everyone. We're going to go to our regular list.
Number seven, MI 2024, 000106, 1357 Dyer Street.
Joseph Consul is the attorney.
There's a letter of support from the Frankfort Neighborhood Advisory Committee.
morning morning mr consul could you please state your name and spell for the court stenographer
yeah it's joseph consul that's j-o-s-e-p-h last name consul c-o-n-s-o-l-e do you swear or firm
to tell the truth the whole truth and nothing but the truth i do could you identify your client
the relationship to the property? Yes, my client is Raca Eterna Properties, LLC,
and BSET Durham, D-U-R-H-A-M, is the representative on this call. Our Vice Chair has a few questions,
Mr. Counsel. Okay. Good morning, Mr. Counsel. Do you agree to waive the reading of the refute?
Yes. Have you emailed in all the required documents and exhibits that is needed to
to proceed with this case five days in advance of this hearing?
Thank you, counsel. Please proceed.
You have already shared your screen.
Great. All right.
Good morning, Zoning Board.
Joe Consul here on 1357 Dyer Street.
This request that we're in front of you all for was approved originally in 2008.
Another application was began in 2020, but for whatever reason,
And it appears to have not gone to the finish line, not through any any kind of opposition, but I can't really tell why.
But anyway, it's 1357 Dyer Street. We're here attempting to re-legalize, hopefully for the final time, the three unit household living in this property.
uh actually there's a note on here that it was issued in 2020 so there was two success
successful um applications here and um there was never any rental licenses pulled so they weren't
able to to keep that up so here we are the third time and third time's the charm we went in front
of the frankfurt neighborhood advisory committee they um approved it and we're hopeful that's
Approved it, and we're hopeful that's good enough to get the approval of everyone today.
good enough to get the approval
Here's the photos and plans. Again, it's set up as a three-unit building.
Showing the property, showing the meters, the electrical boxes. So in 2008, when it was approved as a three-unit, it was built as such, and that has withstood the test of time.
no no changes in terms of the layout of the property have been made since that time.
My client purchased the property in November of 2023 incidentally.
Submitted pictures, submitted our plans showing the layout of the property
and then all of our other required documentation. Here's the 2020 application for the same thing,
three unit here's the rental license that expired in 2012 and required the 2020 application and then
no licenses were pulled since that approval and again here is evidence of the 2008
approval so it's been through sean ward anastasio and me and here we are so that's
Joe Consul, 1357 Dyer Street. I'd like to call Bissette Durham from Rocca Eterna Properties, LLC, to adopt my testimony.
If you're in the audience, please raise your virtual hand.
Bissette has been allowed to speak.
Good morning, Sarah. Could you please state your name and spell for the stenographer?
My name is Bissett Durham, B-I-S-S-E-T-T-D-U-R-H-A-M.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Counsel, please proceed.
Good morning, Ms. Bissett.
Did you hear my testimony just now regarding 1357 Dyer Street?
Do you adopt it as your own?
Nothing further, Board.