So, number one, MI 2022-001-058-332 Delancey Street. At the request of the parties,
the vote in this matter has been scheduled to Wednesday, August 16th at 9.30 a.m.
Number two, MI 2022, 0007-480-1310 South Broad Street.
I vote here.
Wait a minute.
I'll be right with you.
I vote yes, with provisos.
As per supplemental findings of fact and conclusions of law adopted by the ZBA on August 2, 2023, this approval is for a multifamily household living with a maximum of three dwelling units, one per floor.
Thomas Holloman, my vote is yes with proviso.
Thank you.
Ishmael Shaheed, my vote is yes, with providing time.
Thank you.
Number three, MI 2022, 004-678-6252, Lime Kill Pike, I vote no.
Thomas Holloman, my vote is no.
Ishmael Shaheed, my vote is no.
Number four, MI-2022, 004-789-1821, Natrona Street, I vote no.
Thomas Holloman, my vote is no.
Mr. Holloman, this is Hillary. Can you please certify on the record that you watched the video?
Can we unmute Mr. Holloman again, please?
Mr. Howland, please unmute yourself.
I do certify that I did watch the video on July 26, 2023.
Thank you.
it's you know shaheed my vote is no number five mi2022 006 988 1124 to 28 dickinson street
we're going to have a short resumptive hearing david orphanetes and joel rosen please
chair joel rosen is coming back in as a panelist now good morning mr rosen
Mr. Orphanides is also coming back in as a panelist now, Chair.
All right. Good morning, Mr. Orphanides. Mr. Rosen, could you state your name, please, and spell for the court sonographer?
All right. Good morning, Mr. Orphanides.
Mr. Rosen, could you...
Joel Rosen, R-O-S-E-N.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Mr. Orphanides?
Yes, sir.
Hi. Could you state your name, please?
Sorry. David Orphanides, O-R-P-H-A-N-I-D-E-S.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Mr. Orphanidis, do you want to start?
Certainly. Yes. And I think maybe more of the discussion or conversation will be by Mr. Rosen.
But at the time of our last hearing, we had completed the presentation of the case in chief.
And I believe Mr. Rosen, it was his turn to proceed as representing three neighbors and budding property owners.
And between that time and now, we've entered into negotiations to revise the design for the project to pull the back of the building in to make the building shorter so it doesn't extend as deep behind his client's properties.
We've provided those revised plans to the zoning board attorney with the revised proviso plan form, as well as letters now of non-opposition from Mr. Rosen's clients, his three clients.
Those letters and those plans have all been submitted to the zoning board attorney.
Those those revised plans are referenced.
The date of those revised plans are referenced in the new updated letters of non-opposition from Mr. Rosen's clients, again, that were submitted to the to the zoning board attorney.
So with that, I don't believe that there were any, and Mr. Rosen can jump in after I'm done, but I don't believe there were at the time of the last hearing that there were any other parties in opposition.
And as you know, this is a matter that has the non-opposition of both the community group and the councilman.
Okay. Mr. Rosen?
Yes. For the record, I represent three neighbors, Leslie Elder, David Fortino, and Kevin Rosen.
we initially filed opposition to the original plans filed by the petitioner. I've had subsequent
conversations with Mr. Orfanides. Based upon the new and most recent drawings that have been filed,
my client, on behalf of my clients, I'm withdrawing that opposition, and we have
submitted, and I think Mr. Orfanides has given copies to the board, we have filed letters of
non-opposition on behalf of those uh three neighbors ms elder mr rosen and uh mr 14o
thank you very much hillary we go to planning for this right that's correct mr planning
thank you chair uh david effecto f-e-c-t-e-a-u with the city planning commission
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Proceed.
Mr. Chairman and board members, good morning.
This property is indicated for residential use on the city plan.
Our adopted district plan recommended no change to the existing zoning at this location.
The applicant's hardship is not supported with evidence of unique physical conditions
or circumstances of the property that would prevent it from being used in conformance
with the code.
Therefore, we recommend that the requested variances not be granted.
Thank you.
I can address that, but I think in every respect, the property is incredibly uniquely configured if you take a look at the plans, and it's way too large for a single-family dwelling.
So MI 2022, 006-988-1124-28, Dickinson Street, I vote yes, with provisos.
Permended refusal dated 10-25-22, revised plans, four pages, stamped by ZBA on August 2nd, 2023.
Thomas Holloman, my vote is yes, with proviso.
Ishmael Shaheed, my vote is yes with Proviso.
Thank you to both counsel. Thank you.
Thank you. Have a nice day.
That concludes my business.
We're going to go back to number seven, which is a per se.
MI 2023, 000970, 4200 North Rea Street.
10 Ung is the owner.
There's a letter of non-opposition from Esperanza and a letter of non-opposition from Councilmember
Lozada.
Can Og please unmute yourself?
Ken Ong, please unmute yourself.
Good morning, Mr. Chairman.
Good morning, sir.
Could you state your name, please?
Yes, my name is Ken Ong.
First name is Ken, K-H-E-N.
That's the name Ong, U-N-G.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you turn your video on, please?
Sorry.
Okay, fine.
Thank you.
This application is for a takeout restaurant on the first floor in the same building with a single-family household living above.
The proposed takeout restaurant requires special exception approval in the CMX2 zoning district.
Our vice chair has just a few questions for you, sir.
Good morning, sir.
Have you emailed in all the exhibits and documents that are needed to proceed with this case five days in advance of the period?
Please proceed and share the screen.
Good morning Mr Chairman and board members.
My name is Ken Ong. I am the owner of 4200 North Reef Street, and the reason I'm here is to request for your approval on opening a takeout restaurant at this location.
This is just a Google map to show the location of the property.
It's located right at the corner of North Reef Street and Hunter Park Avenue.
It's one block away from 5th Street, which is a busy avenue around the area.
so what what my plans do is basically introducing a new cuisine to the neighborhood uh the surrounding
neighbors are predominantly hispanic and uh there's not many vietnamese restaurants around so
this is our plant and uh we currently have a restaurant open on germantown avenue
uh which is about like two miles away from there and the business where very welcome by the
neighborhood so so this place is previously many years ago was a restaurant and um
and we like to like bring it back with with a new cuisine
so this is just some of the interior pictures the first picture is when you stand up front
and look into the back the second picture will be from saying from the back look toward the front
and the last picture will be the uh the room in the back which is a small room with a half
bath and then the exits to the uh the backyard
This is just my own sketch of how I envision this to be.
So it's going to be a window takeout, and on the front of the store, there will be a
takeout window where the order will be placed, and then pick up from there.
On top of the window will be a large awnings, which is going to provide shades and shades
for in sunny day and then protection from from the rain if you're per se and then lastly this
is just my uh own sketch of the uh the fall plan of how i envision it to be so in the back room
over here as you see there's not too much too many room back there and there's already a half bath
so a kitchen will predominantly take up the whole areas of the front
And therefore, we decided to do like a window takeout rather than like a dine in restaurants.
And with that being said.
So, Mr. Ong, you went to the Esperanza, right, and presented your case?
Yes, I did.
And they're in non-opposition to your matter?
That's correct, yep.
and we also have a letter from the council member Lozada saying she's in non-opposition
yes okay thank you questions from the board
no chair no mr chairman no mr chairman thank you questions or comments from the virtual audience
Questions or comments from the virtual audience?
Chair, I see no hands at this time.
Planning Commission.
Thank you, Chair Bergman, and good morning, David Fecto with the City Planning Commission.
The comprehensive plan recommends no change to the commercial mixed-use zoning at this location.
The appellant has shown that the proposed takeout restaurant will have no detrimental impacts to the neighborhood beyond what might be expected from this use.
the city planning commission recommends the board grant the proposed special exception
for a takeout restaurant thank you mi 2023 000 970 4200 north reese street i vote yes
thomas holliman my vote is yes
ishmael shaheed my vote is yes thank you sir thank you mr tamar okay all right so we're going to go
to number nine, which is also a pro se, MI-2023-00972-313 Somerset Street.
Louis Mena is the owner applicant.
There is a letter of support from HACE and a letter of non-opposition from Council Member
Lozada.
The applicant also provided a petition in support signed by 54 neighbors.
Karen, Luis Mena is coming back in as a panelist now.
Can you hear me?
Could you state your name, please, and spell for the court stenographer?
My name is Luis Mena, M-E-N-A.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Right.
So this application is for the erection of a semi-detached structure for use as vacant commercial space on the first floor level with two-family household living above, size and location as seen.
The proposed use two-family household living is prohibited in the RSA 5 zoning district.
The proposed unit vacant commercial space is prohibited in the RSA 5 zoning district.
ZBA cannot approve this variance.
our vice chair has a few questions for you sir good morning sir have you emailed them all the
required documents and exhibits that are needed to proceed in this case in advance of this hearing
yes i have thank you please proceed and share your screen mr chair this is hillary i i just
wanted to to interject um for mr mayna um as you heard that the chair read the variance for vacant
commercial space um it's not a variance that the board can actually approve um either the space is
vacant or there's a specific use that the board is approving um if there is not a specific use
the board's approving today you will need to come back to the zoning board once it's been determined
what commercial use you will have in the space does that make sense mr mayna yes okay just wanted
to be clear on that thank you uh everybody see my screen we can share okay sorry i'll just go back
so this is the um appeal application for appeal that i did um once it was denied um and please
Please slow me down if I'm going too fast or you guys want to check anything out.
Just zoom out a little bit.
This is the reason why I peeled the decision.
It's a new construction I'm doing in this location.
This is the project information, the details.
These are some of the property information of that location.
um this is uh the tax letter i got uh just recently uh clear all my properties of taxes
or anything like that um this is the zone of where the property is at as you can see right
here it's a vacant lot at the moment this is uh i'm sorry i have the picture uh on the sideways
but uh this is the side and the front view of the property how it will look
this is the side and the front view of the property how it will look
once again um these are the first floor this will be the commercial area this will be the side
entrance to the unit uh second unit and third floor unit uh here you have the second floor unit
which will be a two bed one here another one here bathroom right over here and kitchen and living
room area right back here with the entrance on the side on the back of the building as well here
same thing two bedrooms um same same sketch same layout uh back of uh the property will be the
entrance here is a picture of the property on the side view of the street
same same picture side view this is the front at the moment we have a gate so we
don't have no trash or anything you know inside the property once again this is
still the back of the lot side of the line is still same thing this is the
front better view of the front this is the letter just letting everyone know
about this hearing as well to the community it was posted this is still