Yes, I do.
Please proceed, Mr. Pollock.
Thank you, Mr. Chairman.
Chris, you were listening attentively as I rambled on and gave my presentation.
Yes, I was, Stephen.
And did I truly and accurately present the facts surrounding our request for a flat wall sign accessory to the bank?
Yes, you did.
And do you adopt that as your testimony as if you gave it yourself today?
Yes, I do.
Okay, thank you.
Mr. Chairman, I do also have Philip Rogers, who was our architect, who also who was designed the sign, if the board would like to hear from.
Why don't we do this? Let's see what kind of questions the board has.
And with that, Mr. Chair, we would rest and ask for all our exhibits to be moved into the record.
Yes. Yes, sir. Questions from the board?
I have no questions, Chair. No questions, Chair.
Is it an electric sign or solar powered sign?
Internally illuminated.
Ms. Grant. Thank you.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
Thank you, Chair Bergman, and good afternoon. David Vecto with the City Planning Commission.
Thank you, Chair Bergman, and good afternoon.
David Fecto with the City Planning Commission.
Mr. Chairman and board members, the comprehensive plan recommends no change to the commercial mixed
use zoning at this location. The appellant seeks a variance to install an identification sign
partially located above the roof line. The proposed sign has dimensions identical to an existing
flat wall sign on the side of the building. Its placement appears to be dictated by the front
facade of the building the proposed sign will not injure the use of adjacent properties so the city
planning commission recommends the board grant the proposed dimensional variance for a sign placed
above the roof line mi 2024 002 196 934 to 44 east paschon avenue i vote yes
ishmael shaheed my vote is yes james snell my vote is yes michael johns my vote is yes
another graham my vote is yes tya winn my vote is yes
cheryl gaston my vote is yes thank you thank you mr paul thank you mr chairman and good luck
of all members of the board. Thank you. Thank you. Is there anyone in the virtual audience
whose 2 p.m. case has not been called? I see no hands. I'm going to take a five-minute break,
and then we'll be back, and I think we have a rather short 3.30 list. Thank you, everybody.
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing the 3.30 p.m. ZBA hearings.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, James Snell.
Present, Mr. Chairman.
Our Board Member, Cheryl L. Gaston.
Present, Mr. Chairman.
Our Board Member, Tanetta Graham.
President, Mr. Chairman, our board member, Michael Johns.
He should be here very shortly. And our board member, Taya Nguyen.
Present, Mr. Chairman.
Also present is our attorney, Hillary Emerson, and our executive director, Tanya Sumpkin.
here's our virtual format proceedings are being recorded with your participation you agree to be
recorded video will be available by contacting donyesunkett at phil.gov for our court stenographer
we asked attorneys and witnesses to identify themselves before testifying if you're participating
by phone press star 9 to raise your hand and star 6 to unmute to enter appear in a 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 testament. All comments
should be directed to our Executive Director, Tanya Sumkin. Let's look at our schedule.
Number five, MI 2024-000-748-235 Cecil B. Moore Avenue. This case has been continued.
Number six, MI 2024-000-750-1343 East Lycoming Street. That case is continued.
And for a point of information, number 7, MI 2024, 003-019-3105 North 16th Street, that case was listed in error. Are there any other requests for continuances?
I see no hands.
In case number two, MI-2023-004-829-2600 West Clearfield Street, there are no exhibits. This is the second listing.
Okay. We also have a request from Swamp Poodle Neighbors Parcels Association for a continuance. Is Kip Witter Development, Hannah Biggs, present in the audience?
if kip whitaker development llc or hannah biggs
this president audience please raise your virtual hand
i see no hands so mi2023 004 829 2600 west clearfield street this case is continued mark
This case is continued. Mark must be heard.
must be heard.
And number three, MI 2023, 004-876-117 Laurel Street.
No exhibit, second listing.
Applicate has not met with the RCO of this date, and no one appeared at the last hearing.
Benjamin Carpenter and Andrew Kinnick.
Benjamin Carpenter and or Andrew Kinnick, if you're in the audience, please raise your virtual hand.
I see no hands.
Thank you.
So MI 2023-004-876-117 Laurel Street.
We have the second listing, no exhibits.
There has been no contact to the RCO, and no one appeared at this first listing.
I vote to dismiss.
Dishmael Shaheed, my vote is to dismiss
James Snell, my vote is to dismiss
Michael Johns, my vote is to dismiss
Tana Graham, my vote is to dismiss
Tywin, my vote is to dismiss
Cheryl Gaston, my vote is to dismiss
We're going to go to number one
MI 2022-004-546-3251 Fox Street
Sean Ward is the attorney.
There's a letter of support from Allegheny West Civic Association,
a letter of support from Swampoodle Neighborhood Parcels Association.
Sean Ward will be joining us as a panelist.
all right mr chairman can you hear mr ward i most certainly can could you please state your
name and spell for the court stenographer my name is sean ward s-h-a-w-n-w-a-r day attorney
for the owner applicant at 3251 fox street uh do you swear or affirm to tell the truth the whole
truth and nothing but the truth? Yes, I do. And who's your client, Mr. Ward? I represent,
I'm sharing my screen now, 3251 Fox Street, LLC, which is the owner of the building.
And we were here on behalf of a tenant for the use and occupancy of a space in our property.
Our vice chair has a few questions for you, sir.
yes good afternoon counselor do you agree to waive the reading of the refusal or stipulate
to its accuracy yes i do have you emailed in all the required documents and and or exhibits that
is needed to proceed with this case five days in advance of this hearing yes i have thank you
please proceed you've already shared your screen all right excellent pardon me um
I just want to note when I saw Cheryl Gaston as a board member, I was, yeah, I don't know if I was looking at the right screen, but Cheryl, God bless you.
Congratulations.
Nobody knows more about zoning than Cheryl.
So welcome aboard and looking forward to working with you over the next years.
Mr. Chairman, I have submitted my typical exhibit packet, as the board is law aware, for 3251 Fox Street.
It's owned by 3251 Fox Street, LLC, present with me today on the call or in the gallery.
It should be a George Groves, my representative from Fox Street LLC.
A1 is the notice of refusal.
This was a permit for personal services.
This was a fitness training gym and yoga studio type of business with an accessory juice bar on the same lot with, you know,
other structures and other previously approved uses.
It's not permitted in I-1 industrial district.
This represents an adaptive reuse of a former industrial building,
which no longer serves the industrial purposes originally built for.
So we are seeking a use variance today.
A-2 is our ZBA application of appeal.
The CBA application of appeal. A3 is our project information form.
A3 is our project information.
A4 are proof of ownership. A5 is our proof of tax clearance.
A6 is a site plan, basically. A7 are the floor plans.
A8 are the photographs, which do include interior photographs as requested by board council,
which were provided this morning and supplemented to this exhibit packet.
A-9 is the RCO meeting notice and certificate of mailing.
A-10 is an RCO letter from Allegheny West.
A-11 was the RCO letter from Swampoodle.
I would point out to the board that as the board as well, where I've had some medical issues, which refrained me or restrained me from presenting this case at an earlier date.
However, we did hold those meetings and notices went out and we do have two letters of support.
A-13, if submitted, would be the district council person's letter.
So if that was submitted, I would ask that that be marked as A-13.
With regard to the relevant zoning history at A14, in 2019, we got approval for accessory parking for existing business and professional use.
Since 2020, we brought to the board and obtained approval for the use of child care, barbershop, an eating establishment, and a retail sales and gym, which, again, is a personal service use.
Again, in 2020, we added some artisan studios and artisan industrial use.
Uh, and then in 2022, um, um, there was an assembly and entertainment, um, uh, use a 15 is the zoning map and a 16 is the aerial photograph.
So very quickly, that's our refusal, our application of appeal.
our project information form
my transmittal letter to the board in the packet
our deed in lieu of
foreclosure in favor of my client
we also have
which was added to the packet
we recently obtained tax clearance
we now have a negative balance of $1,544
Looking at the plan, you'll see this property is located at the corner of Fox Street and Westmoreland.
We're speaking of the square building down here, which more or less overlooks the railroad tracks.
Here's an aerial photo, gives you an idea.
So you've got Westmoreland Street running left to right at the top of the photo, Fox Street running top left to bottom right on an angle, and this white-topped roof building would represent the subject structure.
This is a photograph of, number one, the posting, but the front entry.
Copy of the zoning poster.
Another copy.
Again, this is Westmoreland Street on the left, Fox Street on the right.
Another photo of the front of the building.
As you can see, there's a nice identification sign out front.
Fox Street Studios.
and just some you know several more photos of the premises uh let me just uh get down
you know the interior space is uh completed fitted out uh you know for for tenant use
um again you know space is ready to go here is our certificate of mailing
uh went up to 59 identical uh pieces uh regarding 3251 fox street
we have a letter here dated march 21 of 23 to then chair frank to chico um regarding uh the
use of the property from Allegheny West.
There was also an email submitted by Swampoodle Neighbors, our good friend Adrian Fernandez, who we met with and discussed, indicating it was a well-attended meeting and they supported the application.
There was also an email submitted by Swamp.
And then, of course, is the zoning history all attached to the packet. If the board has any specific questions about the zoning history, you know, we have it here and we're willing to discuss it.
There was one application from 2023 for a nightclub that was withdrawn. That was not my application. I did not represent the the owner in that.
That was an application filed on behalf of a tenant by separate council, not by me.
And I did not represent anybody in that matter.
But as you can see, that was withdrawn.
Again, the property is zoned I-1, despite the fact that, you know, that area is no longer really utilized for industrial use.
And we have our final, you know, of course, always end with a copy of an aerial photograph just to show the board where the property is and how it's situated.
So with that, Sean, real question, real quick question.
Go right ahead. Is there a particular unit in the building?
or is this no it it's it's the whole building uh you know right now we'd be the main floor
is what we're discussing uh but we'd like but we would like uh similar uses uh associated with
that building there there is a basement and there's two floors so if uh you know yoga studios
You know, fitness, you know, all related uses for the entire building would be ideal.
But if the board is of the mind just to approve the main floor for personal.
So I'll have Hillary speak to that when we get to Hillary.
OK. OK. Very good.
You want to bring bring your owner on and you can adopt your testimony.
Yeah. If George Groves could raise his virtual hand or be permitted to speak, that would be awesome.
We have somebody by iPhone 2.
They haven't allowed to speak.
This is George, Sean.
Hi, could you state your name and spell it for the court stenographer?
Sure, Mr. Chairman.
George Grose, G-E-O-R-G-E, Grose, G-R-O-V-E-S.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Please proceed, Mr. Ward.
Okay, George, you are here as an officer or representative of the property owner, the LLC, correct?
You've heard my representations to the board today?
Have you had the opportunity to review my full exhibit packet, which was shared with the board today?
Are all my representations to the board and those included in my packet true and correct to the best of your knowledge, information, and belief?
Yes, sir.
And would you adopt my representations as your own?