can barely get out of the bed and then when they bombed that house and my mom's nurse was there
it was a smell that was coming from next door they could have killed my mother with that smell
I'm a I'm a surgical technician and I work in the hospitals as well and I help people just like you
guys and I'm going to school for PA and I thought that was really wrong what they did they could
told my mom to come outside they went across the street and sprayed that house that was terrible
like they could have killed my mother that's all that i have okay okay all right mr chair as as far
as the notice um we originally had a meeting with the group no one showed up and then it was asked
of us to resend another notice for a new meeting and for my client to hand deliver the notices so
So if if Miss Bertha received a notice like that was hand delivered to her, that was for the second meeting, you know, and then we just mail out the notices.
So whatever addresses are given to us, those are the ones that we mail out to.
And we have a certificate of mailing in that respect.
All right. Is there anyone else in the virtual audience?
No, Mr. Chair, there are no further hands.
Planning Commission.
Hi, this is, I'm Paula Brumblow Burns and I need to be sworn in.
Okay, okay.
Sorry, it's been a long time since I've done this.
Just spell your name, please, for the court reporter.
Paula, P-A-U-L-A, Brumblow, B as in boy, R-U-M as in Mary, B as in boy, E-L-O-W, Burns, B-U-R-N-S.
Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?
Proceed.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
The proposed variance is in line with some uses on the block.
The City Planning Commission recommends that the Board grant the proposed use variance.
MI 2023-001-448-3739 North 16th Street.
I vote yes with proviso.
Interior trash storage.
Thomas Holliman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Mr. Nackamson, you have your three votes.
Thank you.
Number two.
MI2023, 001-736-1828, West Venango Street.
Alexander Perry is the attorney.
Letter of support from Allegheny West Civic Association.
They'll be coming back.
The applicant did provide a petition of support for three dwelling units, signed by 30 neighbors.
Mr. Perry?
Thank you, Mr. Chairman.
Hi, Mr. Perry.
Are you please state your name and spell, please, for the court stenographer?
Yes, sir.
My name is Alexander Perry, A-L-E-X-A-N-D-E-R, P-E-R-R-Y.
I'm an attorney for the appellant.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Yes, sir.
Could you identify your client, the relationship to the property?
My client is the owner, Nala Saleh.
Okay. Our board member, Mr. Holloman, has a few questions for you.
Good afternoon, counsel. Did you email all of the exhibits and documents as required five days in advance to this hearing?
yes sir with the provision that we got the letter of support after that and i provided it when we
received it thank you please proceed and share your screen thank you sir
mr chairman and the board this is our index for our project we have a letter of refusal we were
seeking four units in an RSA 5 district. It's a single family home based on the size of the home
of over 3,000 square feet and the desired use in the neighborhood. We were seeking a variance for
four units. This is our application for appeal. It was timely filed upon the refusal for the project
information form, tax clearance current for the property. And in discussing the project with the
neighbors, we received limited attendance at our RCO meeting. We follow up with both the RCO that
held the meeting as well as another close RCO. And based on feedback from the RCOs and neighbors,
We agreed to a proviso for three units rather than four.
We changed the diagram and provided a change form to the board, which removed the basement unit and only has a single unit on the first floor, the second floor, and the third floor, confirming to the neighborhood feedback.
And we then went door to door and got the signatures of support from the neighbors, noting that change as requested.
it. This is the deed to the property to my client. Sorry about that.
As well as some pictures of the property. Here's the property. It's in a neighborhood. It's a
rundown full renovation property. Next door is an empty lot, which after purchase, they've worked
TO CLEAN UP. THERE WAS A LOT OF NEIGHBORHOOD FEEDBACK TALKING ABOUT THE TRASH. THEY WENT IN,
TOOK OUT THE TRASH, AND ARE LOOKING FORWARD TO FIXING THIS PROPERTY UP. THIS IS ACROSS THE STREET.
THERE ARE A FEW THREE-UNIT PROPERTIES ACROSS THE STREET. HOWEVER, THE NEIGHBORHOOD ALSO NOTED
THAT SOME WERE BEING USED AS THREE-UNIT PROPERTIES WITHOUT ANY PERMITS OR LICENSES,
AND WE NOTED TO THE COMMUNITY THAT THAT'S WHY WE'RE GOING THROUGH THIS PROCESS TO DO
everything above board and be legal this is a posting of the property
and again another picture of the house it's a full renovation job here's the notice
about the rco meeting as well as today's hearing and proof of mailing
if i can ask anala to raise her hand so i can ask her to adopt my testimony
what's the adjoining properties yes Mr. chair multi-family the adjoining property one is an
empty vacant lot and I'm not sure if the neighboring property is a multi-family or
single-family use several of the properties along the street are used as multi-family
many of them not registered or approved or permitted as such some are thank you
Thank you.
You want to bring your client on?
Hello?
Could you state your name, please, and spell for the court stenographer?
Nala Saleh, N-A-H-L-A, last name S-A-L-E-H.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Nala, did you hear my testimony that I just gave?
Was it true and correct to the best of your knowledge?
And would you adopt that testimony as your own?
Thank you.
Questions from the board?
No, Mr. Chairman.
Questions or comments from the virtual audience?
Yes, Mr. Chair.
I have Charles Richardson again with his hand raised.
Mr. Richardson, you just state your name.
You've already been sworn.
Thank you again, Mr. Chair, Charles Richardson, Office of Councilwoman Vass, Room 508 City Hall.
Councilwoman has no objection to granting the variance.
Thank you.
Thank you. Thank you, sir. Anyone else in the virtual audience?
Thank you, sir.
Anyone else in the virtual audience?
Yes, Don Stevenson. I haven't got them to speak.
All right, Mr. Stevenson, could you state your name, please, to spell for the court stenographer?
Yes, Donald Stevenson, D-O-N-A-L-D. Last name Stevenson, S-T-E-V-E-N-F-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do. Proceed, sir.
All right. I am the chair RCO for Tioga United. I apologize if my computer crashed. I was not able to give a letter of support, but Tioga United does support this three-unit dwelling.
Mr. Stevenson, thank you so much for taking the time to close.
All right. Thank you, Mr. Chair.
Thank you.
Anyone else in the virtual audience?
It's Shemaya Stafford, but she's funded up that original case number four, number four.
Okay, we'll get to that in a minute.
Planning Commission.
This is Paula Brumbalo-Burns.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
Proposed variance is in line with similar uses on the block.
The City Planning Commission recommends that the Board grant the proposed use variance for three families at this location.
Thank you. MI 2023-001-736-1828 West Vanagli Street. I vote yes. Proviso. Maximum three dwelling units.
Thomas Holloman. My vote is yes with Proviso.
James Snell. My vote is yes with Proviso.
Counsel, you have your votes.
Thank you, Mr. Chairman and the Board.
Number three, MI 2023, 001-601-924 Kimball Street.
Vern Anastasio is the attorney.
Bella Vista neighbors did not reach an agreement.
They are opposed unless certain conditions are met.
Letter of opposition from Counsel Person Squilla.
Mr. Anastasio, you've already been sworn. Just please state your name.
Good afternoon, Mr. Chair. Vern Anastasio, A-N-A-S-T-A-S-I-O.
Could you identify your client in relationship to the property?
I represent Mr. Jesse Frank, who's the owner of the property.
Mr. Holloman has just a few questions.
Thank you.
good afternoon good afternoon council did you email did you email all of the exhibits and
documents that's required five days in advance to this hearing i did thank you please proceed
and share your screen. Thank you.
Mr. Chair,
just for a point of information,
I forgot to mention, the applicant
provided a petition of support signed
by 29 neighbors
on the 900 blocks
of Kimball and Lake Street.
That's correct.
Thank you. This is a rear addition
to an existing structure.
Actually, it's not
an addition at all it's uh it's a rear deck on an existing structure uh and
the circumstances for this uh it's will be familiar to the board because
this board granted the variance of under the same set of circumstances for let me see here
for this property here both 922 and 924 were once owned by the same family okay and each
had a landing on the back because the top floor did not go all the way to the end to the property
line when the same family owned both properties they built a solarium and a room that was
it had glass on the roof and it went from the east side of 924 all the way to the I'm sorry
the west side of 924 all the way to the east side of 926 and it was a glass solarium that covered
both flats. When the family sold these properties, one went to the Calvarese family and one went to
Mr. Frank, it was pretty apparent that the glass enclosure was leaking and causing lots of damage.
enclosure was leaking and causing lots of damage. Therefore, at the time it was removed,
the Calvarese family built a room, a bedroom on their section, which needed zoning approval by
this board. And that approval was received exactly 12 months ago by this board. Mr. Frank,
Mike, however, did not build a room. Instead, he just put a deck. And that's why we're here today, to legalize the deck, which I believe, you know, I think, inarguably, we can say that the deck is far less intrusive than entire room. And this is, this is the property in question.
There's the deck.
Not a very big deck, but one nonetheless.
And then when it was constructed, my client made sure that there was a three-foot setback.
Let me show you here.
three foot setback from the adjacent lot so that this this deck starts three feet in
this is the decking this is the space uh that we decided not to build on
uh as to keeping any concerns that this adjacent property owner at 926 might have
There's very limited, it's a very small house. It's only one bedroom. And it's on a very small street. Very limited outdoor space. There's a patio on the back of the first floor that's primarily used for trash and a compressor for the central air conditioning.
That deck does provide much-needed outdoor space for the folks who live there.
Here is an unupdated signature list with practically everyone who lives on the block.
I've also sent over under separate cover to board council an updated list that included Ms. Elizabeth Franz, who was ironically a protestant in the previous case from a year ago with the other owner.
But she is also in support of this particular variance simply because what was there was deteriorating the property.
It was built by someone else.
When they sold these properties to the two respective owners, these owners had to remove it.
One owner put a room on that this board approved.
One owner did not, just put a deck on.
and that's why we do believe given the history of the property next door and the board's position
in support of that variance that this board would be inclined to support what would be a much less
intrusive build out. We did meet with the community at Bella Vista Neighbors. They did not come to a
position. It was sort of a mixed bag. So they're leaving it up to the board. 145 folks were mailed.
It was very poorly attended. But we were able to shop our plans to everyone, everybody on the block.
And as thus, we've gotten not only petitions here from people on the block, but we have several folks
who are going to be testifying in support of this variance as well.
I showed you the proof of posting.
Here are the plans, just so you can see them.
And I've already showed you the rendering.
As again, right there, you'll see the three-foot setback from the adjacent property
so as not to interfere with anybody's light, air, or quiet enjoyment.