um there are other lots back there that park that probably you know should also need to get
permitted um but we're happy to bring it into compliance and legalize it there's no work being
proposed and nobody seems to be objecting. So we respectfully request that the board grant a vary.
Why don't you bring your client on and adopt your testimony?
Thank you. Susan, can you please raise your hand virtually?
Susan has been allowed to speak.
Susan, could you please state your name and spell for the court's stenographer?
Susan, could you please unmute yourself?
Can you hear me now?
Yeah, we can.
Please state your name and spell for the court's sonographer.
Susan Jass, S-U-S-A-N-J-A-S-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Thank you.
Susan, have you heard my testimony today?
Yes. And do you adopt it as your own? Yes, I do.
And do you adopt it as your own?
Yes, I do.
Thank you. That's all, Mr. Chairman. Questions from the board?
No, Mr. Chairman. No, Chair.
No, no, Chair. 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 Fecto with the City Planning Commission.
Chair and board members, the comprehensive plan recommends no change to the residential
multifamily zoning at this location. The appellant seeks to legalize a parking lot that has existed
for more than 20 years. The City Planning Commission recommends the board grant a
proposed use variance for a non-accessory parking lot. Thank you. MI 2023-005-915-117-21 Cater Street,
I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Dishko Fahim, my vote is yes. Thank you.
I'm going to go to our add-on list that we from this morning.
Let's see here.
Okay, so MI 2022-000485-7137 Woodland Avenue, I vote yes with proviso.
This approval is for the personal vehicle repair and maintenance use only, hours of operation Monday through Saturday, 8A to 6P.
Mr. Holliman, could you please certify that you watched the video in this case?
Yes, Mr. Chairman.
I did view the video on 7137 Woodland Avenue, and my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Ishmael Shahid, my vote is yes with proviso.
Thank you.
Number two.
Number two, Mr. Shaheed, could you please have this?
I wasn't present for this case.
I'll read it in the document for you.
So number two is MI 2023-002-760-4720 Richmond Street.
voting on this is ishmael um james snell and thomas holland
and i just want to note that um regardless of the vote there is a proviso for an amended refusal
thank you yes uh so my vote is going to be yes with the proviso of the minute with it's one page
right hillary no it's just an amended refusal dated february 27th 2024
so my vote is yes with proviso amended refusal dated uh february 2024 27 2024
mrs halliman my vote is yes with proviso james snell my vote is yes with proviso
And number three, MI 2022-004-443-3445 Keem Street, I vote no. Mr. Holloman and Mr. Snell have to certify that they watch the video.
Mr. Chair, Mr. Holloman has recused himself on this matter.
Okay, I'm sorry, you're right.
Thank you. So just Mr. Snell has to certify. Thank you.
Okay. Yes, I can attest that I did watch this video in regards to this address, and I'm ready to make a decision. And my vote is no.
Ishmael Shaheed, my vote is no.
Is there anyone in the morning group whose case has not been called?
No hands.
Thank you, everyone. See everyone at 2 p.m.
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearings.
With me is our vice chair, Ishmael Shahid.
Present, Mr. Chairman.
Our board member, Thomas Holloman.
Present, Mr. Chairman.
And our board member, James Snell.
Present, Mr. Chairman.
Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.
and our Executive Director, Tanya Sunkett.
Here's our virtual format.
Here's our virtual format, be advised to pursue...
Be advised if proceedings are being recorded.
The video will be available by contacting
tanyasunkett at phila.gov.
For the benefit of our court stenographer,
we ask attorneys and witnesses
to identify themselves before testify.
If you're participating by phone
and you wish to testify,
press star nine to raise your hand
and star six 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 and answer box on the screen is not for comments or testimony.
All comments should be directed to our Executive Director, Tanya Sunken.
Let's look at our schedule this afternoon. Number one, MI 2023-006-951-3521 North 21st Street.
That case is continued.
Number five, MI 2023-006-953-2122 West Estha Street.
That case is continued.
Number 10, MI 2023-007-282-67 West Queen Lane.
That case is continued.
And number 13, MI 2023-007-096-743 North Capitol Street, that case is continued.
Are there any comments relative to the case is continued or any additional requests for continuances?
Good afternoon, Chair. This is Nadia. I'll be your co-host today, and I see no hands.
all right thank you let's see here i have one more let's see
okay uh all right let's go let me just check one more time here
are we going to go to our add-on list
Number one, MI 2023-006-619-1214 South 22nd Street, I vote no.
Thomas Holloman, my vote is no.
James Snell, my vote is no.
H. Mel Shaheed, my vote is no.
Number two, MI 2023-004-440-2117 North 7th Street.
I vote yes with provisos.
Her amended refusal dated 3-4-24, maximum 10, that's 10 dwelling units.
Thomas Holloman, my vote is yes with provisos.
James Snell, my vote is yes with provisos.
Ishmael Shaheed, my vote is yes with provisos.
Number three, MI 2023-005-619-2908 Karnwath Street.
i vote yes with provisos this approval is for the lack of the required setback
for the garage only the side yard with variance for the canopy is denied
thomas thomas holliman my vote is yes with provisos ishmael shaheed my vote is yes with
proviso is your next case is yours to hear number let me see here number wasn't on that one james
all right number four mi-2023-004-373-2242-52 north 9th street
my vote is yes with proviso provides plans two pages stamped by zba march 13th 2024
Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Thank you.
Here's your number five, too.
Number five, MI-2023-006565.
6435-45, Media Street.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Number six, MI 2023-006-949-933 Lindley Avenue.
The vote on this matter has been rescheduled to Wednesday, March 20th at 2 p.m.
Here's your number seven.
Number 7, MI-2023-001537-10829, Academy Road. My vote is no.
Thomas Holloman, my vote is no.
James Snell, my vote is no.
Number eight, MI 2023-005-887, 1818 North 54th Street.
My vote is yes, with proviso.
Three-year temporary variance to expire 3-13-27.
Thomas Holloman, my vote is yes, with proviso.
It's Mel Shagin, my vote.
I don't think you're on that one, James.
That's right. You're right.
Ishmael Shaheed, my vote is yes with Proviso.
And number nine, MI 2024-007-82-2815, Bowden-Onton Street.
My vote is yes.
and James Snell has to certify
that he watched video.
Tom is recusing
himself on this, right?
Just to clarify, Tom just
wasn't, hasn't voted on this case
previously, so that's why he's not voting
on it.
James Snell, I do
to attest that I saw the video and I'm ready to vote on this case. And my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you all. Thank you all for the out-of-the-owns. We're going to go to our regular list.
Number two, MI 2023-007-206-5719 Ray Street. Jermaine Harris is the attorney. There is a
letter of support from HMC Squared RCO.
Mr. Harris, you've already been sworn. Just for the record, could you state your name?
Sure. Jermaine Harris.
Could you identify your client and relationship to the property?
Sure. My client is Lisa Howard. She is the record owner of the particular property, the subject property, which is 5719 Race Street.
Our vice chair has a few questions for you.
Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that is needed to proceed with this
case five days in advance of this hearing? I have. Thank you. Please proceed and share your screen.
Okay, so this is, hold on, okay, so this is, again, for the subject property that sits 5719 Gray Street.
This is to make this property as for a use variance for a duplex.
It is currently in an RSA 5 area.
So here's a picture of the property that we're talking about, which is this property.
It's a corner property.
This is the rear of the property.
it's the side of the property
and this is the second floor of the property currently my client uh miss howard is uh this
and this is
is owner occupied property my client lives on the second uh the first floor and the reason why she
wishes to do the second floor make that as a uh additional unit is because her son
just uh got out of the armed services the arm i'm sorry just got out of college
it's my understanding and he doesn't have a place uh he's having difficulty with finding a place to
live so she is uh she wants to help out her son and basically have a separate living quarters
for him so these like i said these were the second floor she had started it but then she realized that
she needed to she was informed that she needed to uh get zoning in order to do this so she stopped
in the middle of it these pictures were taken uh recently and she has no longer she's not doing any
further work until unless and until uh she would get approval from this board uh this is the
still a second floor and then we get into the first floor this is the living quarters of my
client, which is the first floor. And these are the stairs that would be leading up to the second
floor from her unit. Now, let's see. The plans are, so this would be the first floor.
living room living room you walk in living room kitchen the bathroom and then the uh then a
bedroom that's the first floor and then we have the second floor take the stairs up and then you
open up into the living room bathroom and then you have a bedroom that's in a rear
and so that's what it so we're talking about a one plus one so to speak for this now this uh
property we have gotten support this was presented in front of uh the coordinating rco
which is for that area is called the hmc square community association uh they it was
a total of nine votes and it met the approval of the community organization so there was support