Good afternoon.
My name is Bill Bergman, and I will be chairing this afternoon ZBA hearing.
With me is our vice chair, Ismael Shahid.
Well, he's here.
James Snell, our board member.
Present chair.
Our alternate board member, board member, LeBaron Leonard Palmer from Development Services.
Present, Mr. Chair.
Also, Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.
Here's our virtual format.
Be advised to proceedings are being recorded.
The video will be available by contacting tanyasunkett at phil.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating by phone and 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. Lastly, the question answer box on
Leave your email and the address of the property in question.
Lastly, the question and answer.
the screen is not for comments or testimony. All comments should be directed to our Executive
Director, Tanya Sunken. I'm going to look at the continuances we have on the 330 list.
Number two, MI 2022-007-450-5207 West Mount Erie Avenue. This is a request for continuance
from the Coordinating RCO.
Is Kenneth Chestnut
or LBS Realty Associates
on the phone,
on the line?
Chair, I see no one
by either of those names.
So MI 2022-007-450-5207
West Mount Area Avenue.
This case is continued.
Mark must be tried.
Number three, MI 2022-007-349-5652 Windsor Street. This case is continued.
Number four, MI 2022-004-234-6729 Elmwoods Avenue. This case is continued.
Number six, MI 2022-004-386-4067 North Reece Street. This case has been continued.
Number 9, MI-2022-004-682-530 West Cambria Street.
This case has been continued at the request of HACE, the RCO.
Is Jose Cages on the line?
Mr. Cages, if you're in the virtual audience, please raise your hand.
Chair, I see no hands.
MI 2022-004-682-530 West Cambria Street.
This case is continued and marked must be tried.
And number 10, MI 2022-007-359-7105 Grays Ferry Avenue.
Grays Avenue.
This case is continued.
Is there anyone in the audience who has comments relative to the cases have been continued?
I see no hands, Chair.
Are there any other requests for continuances?
Chair, we have Charles Richardson with his hand up.
Mr. Richardson, please unmute yourself and wait for the chair.
Mr. Richardson, you've already been sworn.
Just state your name.
Charles Richardson, Office of Councilwoman Cindy Bass, room 508 City Hall.
Okay, sir.
21 26 West
Cambria Street
has not had a meeting
and I was wondering
if the applicant was here
because we're requesting a continuance
for that case
is Jose Cortez
or Jamie
Rivera
Jamie Rivera
There's no one in the audience by that name, Chair.
Mr. Richardson, this is the first listing.
We will probably continue this case, okay, when I get to it.
Thank you.
Are there any other requests for continuances?
Chair, we have someone with a phone number ending at 3552.
Caller, please unmute yourself and wait for the chair.
Hi, could you state your name, please, and spell for the court stenographer?
caller please unmute yourself sorry i was muted hi could you state your name please and spell for
the court stenographer yes adrian fernandez f-e-r-n-a-n-d-e-z okay do you do you swear
or affirm to tell the truth the whole truth and nothing but the truth yes what case
um mr richardson already asked for a continuance for 21 26 west cambria
yeah i'm going to call that in a minute because i have no exhibits for that
okay i told mr richardson we're probably going to continue that case okay thanks okay thank you
all right i want to go now to we have a few cases with no exhibits
Number five, MI 2022.
Number five, MI-2022-004-236-6618 East Roosevelt Boulevard.
We have no exhibits.
This is the second listing.
Mohamed Raymond is the owner applicant.
No one appeared on 12-14-23.
12-14-22.
Mr. Raymond, if you're in the virtual audience, please raise your hand.
I see no hands here and I 20 22 004 236 66 18 East Roosevelt Boulevard we have no listing
for this it's the second listing listing no one appeared at the last hearing I vote to dismiss
James now dismiss
LeBaron?
Sorry, I have technical difficulties.
I'm here.
Hillary, we can take his vote for this, right?
Yes, we can, Mr. Chair.
Sorry, excuse me.
So it's 6618 East Roosevelt Boulevard.
We have voted to dismiss.
LeBaron Leonard Palmer, vote to dismiss.
Thank you very much.
Excuse me.
Number seven.
MI 2022-0007-373-2126 West Cambria.
Jamie Rivera
Jose Cortez
Do we see them in the audience?
Chair, I see no one by that name.
So MI2022
007373
2126 West
Cambridge Street. Cases continued.
Mark must be tried.
Chair, do you hear me now?
I hear you now.
Okay, I was there. I just couldn't hear you.
Okay, thank you. And number 8, 2022-007-458-5218, Art Street, first listing, no exhibits. Jeffrey Young is listed as the attorney.
mr young is not in the audience chair okay mi 2022 007 458 5218 art street no exhibits first
listing mark must be tried continued and mark must be tried okay we have one case
It's our number one case. MI 2022-007-376-9766 Clark Street. Verne Anastasio is the attorney.
No RCO letter at this point. Greater Busselton Civic League had a meeting on 425-23.
Mr. Anastasio is coming back in as a panelist now, Chair.
Good afternoon, Counsel.
Could you state your name, please, and spell for the court stenographer?
Good afternoon, Mr. Chair.
Vern Anastasio, V-E-R-N, last name Anastasio, A-N-A-S-T-A-S-I-O, 2016 Spruce in Philadelphia.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and relationship to the property?
Yep. I represent the owner of the property, Najina Tayalabith.
Okay. Our vice chair has a few questions.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy for us to be interceptors?
Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?
I have.
Thanks, counsel. Please proceed and share your screen.
Thank you.
There we are.
Mr. Chair, members of the board at 9766 Clark Street is a single family residence.
My client purchased this property and it looked like this right here.
The garage, which these homes were all built at the same time in the same way, same development, this garage at some point was converted into living space, not by money.
This garage at some point was converted into living space, not by my client, but converted nonetheless, like most of the properties on the block.
And we'll get to that in a minute.
So the garage space, it's a split level, you know, an old fashioned sort of 50s style split level, typical northeast sort of layout.
The garage turned out to be a den.
here's the entrance a mud room and a den a laundry room a rec room and then the main level
is a living room dining room kitchen with three bedrooms and a couple baths and and that's that's
about it my client would just like to legalize what you know what is there and and what uh
what seems to be prevalent in in the neighborhood uh here's some interior photos to look at i think
it's important for you to see them just so you get a feeling for it's still a single family it's just
that the uh the garage has been you know converted and then used and then sold to my client uh as
part of the living area. I have 13 individual documents of exhibits, photos that I'm going to
move into evidence now that show properties just like it with the same exact condition. Here we go.
Page 16 of the exhibit packet, as you can see, a converted garage.
Page 26 of the property, I mean, of the exhibit packet, a converted garage.
Page 29 of that.
Page 30.
Page 31.
that's back to back there's two of them right there page 32
page 33
page 34
page 35
by the way many of these went before the RCO and got support
for the conversions page 36
page 38, page 39, and page 40. So Clark Street, the adjacent street, over 13 properties in
addition to my client's property, all converted garages to living space. And we're simply
asking to legalize what's there. We did meet with the RCO. I think the feedback was mixed.
Didn't help that my client, English is her second language, so it does, and that is not an asset in
large portions of the Northeast, unfortunately. So there was some pushback talking about foreigners
and things like that.
But that aside,
this is a hardship that my client did not create.
And we respectfully request the granting of this variance.
And with that, I'd like to call my client,
Nagina Tilyava.
I'm here.
Could you state your name, please,
and spell for the court stenographer?
My name is Nagina Tilyava, N-I-G-I-N-A.
and last name is t-i-l-y-a-e-v-a
we're referring to tell the truth the whole truth and nothing but the truth
yes proceed thank you mr chair nagina did you hear my presentation to the board this afternoon
yes is it is it true and accurate to the best of your knowledge yes do you adopt it as your
own testimony yes all right and you purchased this property in this condition is that right
yes thank you i have nothing further questions from the board no chair
no no chair questions or comments from the virtual audience
mr chair this is hillary i just had a question um uh mr anastasio in the area marked laundry
room in your packet there is a kitchen yeah that kitchen that kitchen has it had my my client
removed that kitchen okay it has been removed okay thank you yep yeah we have someone with
Chair, we have someone with the phone number ending in 3265.
the phone number ending in three two six five caller please