Number two, MI 2022-006-535-118 Hillcrest Avenue.
appeal dismissed as untimely filed
appeal dismissed to untimely
appeal dismissed
ishmael shaheed appeal dismissed
Jim, could you go over one more time? We lost you.
We lost Jim for a minute. We do have the three votes.
We do have the three votes.
Number three, MI 2022, 003-780-1916 West Burke Street.
I vote yes.
Thomas Hullman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Number four, MI 2022-003-781-1920 West Burke Street, my vote is yes.
Thomas Solomon, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Number five, I recuse myself, our vice chair will take over.
Number five, MI-2022-003311, 1023-27 West Susquehanna Avenue.
Brandon Saverin is the attorney.
This is going to be a vote only.
Is Brandon Saverin in?
We don't need Brandon.
You just vote, Ish.
Ishmael Shaheed, my vote is no.
Thomas Holloman, my vote is no.
James Snell, my vote is no.
Thank you.
We're going to go to number 11 on the regular list.
MI 2021-003-544-5007, North Fish Street.
Natasha Hentz is the owner.
letter of support from the new 42nd ward with proviso
miss miss natasha hence can you raise your hand please
good morning good morning this applicant could you state your name please and spell for the court
reporter? Natasha Hentz, N-A-T-A-S-H-A-H-E-N-T-Z. Do you swear or affirm to tell the truth, the whole
truth, nothing but the truth? Yes. Could you please turn the video on on your computer so that we can
see you? Yes. Okay, this application is for use as Assembly and Entertainment. The proposed use
as an assembly and entertainment requires special exception approval in the cmx 2.5 zoning district
our vice chair has a few questions for you okay yes good morning ma'am have you emailed all the
required documents and exhibits to proceed with this case five days in advance of this hearing
yes thank you please proceed to share your screen
It will be that green share button at the bottom of your screen.
Okay, I'm trying to find the document. I wasn't aware that I had to present. Sorry.
I cannot find the documents.
Hi, Chair, this is Tanya. May I ask a question?
Executive Director, you can always ask a question.
Good morning, Ms. Hentz.
Do you have your exhibit package prepared for a presentation or do you need more time?
No, I think I'm prepared.
And you can share the screen so we all can see?
Thank you.
um so are you on your phone yes right and do you could you have the documents that you can get off
the phone yes well could you please put them up oh i thought it was is it not showing i thought
I screen shared. No. We don't. We see you.
Did you hit the share screen button? Yes. I click screen.
And then it should ask you. Okay. Here you go. Okay.
so is it this document
is there a way you could just make it just a little bit bigger is that possible
just a little bit yeah okay all right all right it would be the documents that you
email five days before you're hearing all right keep going
That's the meeting, right?
The meeting notes.
Keep going.
That's the provisos.
Go ahead.
And ma'am, this is the email that we sent.
You will want the documents that you sent us five days before your hearing.
Do you have photos of your project?
Yes, I'm going to that right now.
I cannot.
Hi, Chair, this is Tanya again.
If we are not ready to present the exhibits, we could give her a short continuance.
Why don't we do that?
Yeah, I think, Ms. Hentz, it's very hard to do it in the car, number one.
And I think what we're going to have to do is we're going to have to continue it.
And our office will be in touch with you to give you a shorter continuance than what we normally give, okay?
okay thank you all right so mi 2021 003 544 5007 north 5th street this case is continued
is there anyone in the virtual audience whose case has not been called on the morning list
i see no hands chair okay everyone see everyone at 2 p.m thank you
See you, Chair.
Good afternoon.
My name is Bill Bergman, and I will be chairing the 2 p.m. ZBA hearing.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, Thomas Holliman.
Our Board Member.
Thomas Holliman.
Present, Mr. Chairman.
And also with us today is our backup board member, Baron Leonard Palmer.
Good afternoon, Mr. Chairman.
Thank you.
Also present, Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.
Here's our virtual format.
Be advised, the proceedings are being recorded.
The video will be available by contacting TanyaSunkett at philo.gov.
For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves
before testifying. If you're participating by phone, 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 answer box
on the screen is not for comments. Any comments should be directed to our executive director,
Tanya Sumpkin. Let's look at our continuations for this afternoon. Number five.
Let's look at our continuations for this afternoon. Number five, MI 2022, 007-291-430 West
Burke Street. That case is continued. And number two, I have a request for continuation from one
of the attorneys involved. MI 2022-007-347-224-30 West Topohokin Street. Augusta O'Neill is one of
the attorneys and the other is Steve Masters. Mr. Masters has a request for continuance.
Mr. Masters has been promoted, Chair. How about Ms. O'Neill?
Ms. Augusta O'Neill, if you're in the audience, raise your hand, please.
I see a Michael.
Oh, there she is.
Yes, please.
Yes, please.
Please promote Michael Phillips.
Thank you.
Thank you.
Okay, I'm doing it now.
Mr. Masters, could you state your name, please, and spell for the court reporter?
Good afternoon, Mr. Chair and members of the board.
My name is Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S, and I represent the four objectors,
who are the near neighbors in this matter.
Do you swear or affirm to tell the truth, the whole truth,
nothing but the truth?
Mr. Phillips, could you state your name, please,
and spell for the court reporter?
Good afternoon, Chairman Bergman, members of the board.
Michael Phillips, M-I-C-H-A-E-L-P-H-I-L-L-I-P-S
with Claire Harrison Harvey Bransberg
on behalf of the applicant, Copahawken Mansion, LLC.
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
Mr. Phillips, are you prepared to move forward today?
We are.
Okay. Mr. Masters, you have a request?
Yes. Within the last 24 hours, basically yesterday evening, we received for the first time three supplemental exhibits from Mr. Phillips and his co-counsel.
Included in these were some letters of support for his project, but one was reputedly an expert study of traffic flow from up and back along Pastoria Street.
That study indicated that the data was collected through March, the end of March of 2023.
It is now April 26 of 2023.
And instead of providing that kind of an expert report within the five days that's mandated by the Zoning Board's regulations, he chose to submit the report to you and to us less than 24 hours before today's hearing.
We haven't been able to properly evaluate and respond to that. We actually have our own, some of our own clients who live on Pastoria Street have been tracking traffic and will be presenting that in a more formal way.
And our results are significantly different than the results that Mr. Phillips presents by a group of students who I don't even know who they were supervised with and who made the protocols.
We don't even have any expert resumes or any vetting of this, but it was highly prejudicial, Mr. Chair, for us to receive this less than 24 hours.
And as you know, we have been litigating this case for quite some time. And over the past year, there's been appeals that we brought against L&I concerning the same property, the same owner with the same opposing counsel.
And in one of those cases, we mistakenly did not submit some of our expert reports within the five days.
And at that point, Mr. Chair, you ruled that we had to have a continuance because the rules are to be followed without exception.
And this would be, you ruled that it would be highly prejudicial to Mr. Phillips and his side if we went forward without him having the five days of seeing our expert report. So we are asking for the same consideration this time.
Okay. So, Mr. Masters, this is what we would like to do. Let Mr. Phillips make his presentation. We will then stop the hearing and resume it at another date with you coming in to do yours. That way, we're going to move this ahead because, you know, this could take some time. And I think if we get Mr. Phillips' presentation done, and then you'll have plenty of time to come back, look at what you need and things of that nature.
And then you'll have plenty of time to come back, look at what you need and things of that nature, and then we'll move forward.
I understand, Mr. Chair, and that's certainly your prerogative to do it that way.
We do have a hearing within the next month in May on a new hearing date for the appeal against LNI that we brought.
And we felt that it would be important to consolidate those two at that time.
And so to have if we are going to move forward today with the applicant's case, we would ask that this hearing then gets continued to that to that date next month.
I believe it's at the end of May so that we could we could move everything together and we would have like a special.
What we're going to do for the sake of time is we're going to move forward.
Mr. Phillips today and we will check to see what we can do with dates and things of that nature.
And but we will stop after Mr. Phillips.
So this is going to be the last case in case it takes a while.
OK, thank you, Mr. Berg.
Can I just state one thing just for the record, just to be clear?
It is not an expert report that we submitted.
So I just want that to be clear that this is not we're not reporting it to be an expert report.
All right. So I'm going to call this case last and that's how we're going to handle this.
And thank both of you. OK, thank you.
Okay. Number three, MI 2023-00125, 2620 North 22nd Street. Darlene Treat is the attorney. Also,
Swamp Poodle neighbors are requesting a continuance.
Ms. Treat has been promoted.
Hi. Could you please state your name and spell, please, for the court reporter?
on behalf of the applicant okay thank you is is swamp poodle residents on the phone
do we see a hand is that that phone number i believe yes it's for adrian fernandez thank
you okay i could miss fernandez could you state your name and spell please for the court reporter
could you speak up we're having a hard time hearing you yes i'm sorry i do not speak no
that's okay adrian fernandez and my last name is spelled f-e-r-n-a-n-d-e-c right do you swear
a firm to tell the truth the whole truth nothing but the truth yes i understand you're requesting
a continuance um yes for the reasons that are in the letter and the main one being the building
wasn't posted also there's been no um public meeting or a notice of a company so uh we're
going to move forward with this. We've checked our records. There was a public meeting. There
is an RCO that has sent a letter. We also have photos showing the property was posted
and all the letters that were mailed. So that's going to be the second case. We're going to
move forward with that today. Okay. Okay. Did you see our photos? I did see your letter
earlier. Yes. Okay. Okay. We'll call you back very shortly. Okay.
okay all right is there any other requests for continuance
i see no handshare we're going to go to our add-on list mi 2022 006 987 1682 north 54 street
I vote yes with provisos. One page, stamped by ZBA on April 26, 2023. Maximum of four units.
Thomas Holland, my vote is yes with provisos.
Ishmael Shaheed, my vote is yes with provisos.
Thank you. And number two on our add-on list, MI-2022-007-250-1732 Catherine Street. The vote on this matter will be held on Wednesday, May 3rd at 2 p.m.
We're going to go to our regular list. Number one, MI 2022-001-919-1831 East Air Dry Street. Alan Nocklinson is the attorney. Letter of opposition from Harrogate Civic Association, a letter of opposition from Council Member Squad, based on the letter from the original RCO.
Hi, Mr. Nockamson. Could you state your name, please, and spell for the court reporter?
Yes, Alan, A-L-A-N, last name Notchamson, N-O-C-H-U-M-S-O-N.
Yes, Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Do you identify your client in relationship to this property?
Yes, my client is the property owner, Shane Holdings, LLC, and in a virtual audience
would either be one of its members, Keith McHenry or Tom Moses.
Right. Mr. Holloman, could you do the follow-up questions?