Okay, Stephen, could you please state your name and spell for the Spanish?
Yes, my name is Stephen Aubain, S-T-E-V-E-N, last name A-U-B-A-I-N.
All right. Do you solemnly swear or affirm that you will interpret accurately, completely, and impartially from English to Spanish and from Spanish to English to the best of your ability?
Yes, I do.
All right. So MI 2025, and when we vote this, please interpret after each person votes. So MI 2025, 000-941-1241 Adams Avenue, I vote no.
So for MI 2025-000941, the direction 1241 Adams Avenue, I vote no.
Michael Johns, my vote is no.
Michael Johns, my vote is no.
Cheryl Gaston, my vote is no.
Cheryl Gaston, my vote is no.
Tannetta Graham, my vote is no.
Tannetta Graham, my vote is no.
Tyowyn, my vote is no.
Tyowyn, my vote is no.
interpreter thank you very much we appreciate your help all right thank you for using the service
thank you number three mi 2024-006-699-2021 stenton avenue
um we are reopening the record we will continue this for a reopen resumptive hearing
that will be on 12 16 25. At what time Mr. Chair 9 30 a.m. 9 30 thank you
we're going to go to our regular list and we're going to start with number 12
mi-2025-004-154-1541 south dover street alan knockups is the attorney this is appeal against
l and i leonard reuter is also present we're representing the city and l and i
mr knockupson could you please state your name as spelled for the sonographer yes uh good morning
Mr. Chair, members of the board, Alan Nockamson, A-L-A-N, Nockamson, N-O-C-H-U-M-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Reuter?
Good morning. May it please the board, Leonard F. Reuter, R-E-U-T-E-R, Senior Attorney, City
of Philadelphia.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Nockamson, we'll start with Mr. Nockamson?
uh yes i mean i my understanding is that the that the city has no first of all no objection
to the uh granting of the lni appeal it might be faster uh just to indicate this is an appeal
against lni challenging the notice of intent to revoke uh zoning kermit uh zp 2024-009703
that had been issued May 28th 2025 the notice of intent to revoke was May 30th
2025 normally that would not present any real problem if we just issued the
permit and revoked it right away but there was kind of a number of issues
that occurred all the way probably most significantly the city concedes that a
A residential building permit had been issued for the project in January.
Can you speak a little bit more into the microphone?
I'm sorry. I can barely hear you.
Yeah, a residential building permit had been issued for the construction project back in January.
The zoning permit application had already been submitted, I think, at the end of 2024, at the end of 2024.
so long story short a building permit was erroneously issued back in January along with I
think a plumbing permit and I think electrical permit there had been an excavation permit which
doesn't necessarily rely upon a zoning permit although typically it does so basically by May
their construction had proceeded on the property and it's not clear I've been unable to determine
why it took five months for the zoning permit to get issued it's likely that
zoning permit to get issued it's likely that it probably should have been issued earlier and there
it probably should have been issued earlier
was some kind of hold up whatever um but the city does concede that construction had taken place
uh and was completed up to a certain point i think it was fully framed by the time we issued
the notice of intent to revoke and so the city would simply defer to the discretion of the board
to make its determination as what whether as a matter of fact a significant amount of work took
place that they have vested their right to the zoning permit. I believe Mr. Nockamson has some
photos and other things and that, you know, so we're not really contesting.
I guess. Yeah. So, Hillary, should we let Mr. Nockamson put a
few things on the record? Yes, please. Mr. Nockamson? Yes. So,
may I share my screen? You can. All right. Thank you.
So, with me also is
one of the representatives from my client,
Ferdavs Kanatov, who can verify what I will be stating today.
All right, so in my presentation materials, I have first a permanent refrication notice
that Mr. Reuter referenced.
We actually did provide proposed findings of fact and conclusions of law to help the
board understand the facts and the relevant law, we have two theories in which we're asking the
board to consider to grant the LNI appeal. First is vested rights, and the other legal theory is
variance by estoppel. They kind of go hand in hand. Ultimately, if we detrimentally relied on
these building permits in good faith, built, spent a significant amount of money under both legal
doctrines the board should grant the lni appeal i also made it easier too for the board to understand
the timeline of the permitting and mr reuter you know stated some of that for some reason
we put the cart before the horse here where we got a building permit uh first and then we got
the zoning permit but then we got other permits my clients spend almost 180 000 on this project
uh and there were even though there were inspections where you can see that they this
zoning permit probably should not have been issued or the building permit should not have been issued
as of right um it was we spent significant resources it took them almost five months
uh to uh revoke it and then we just look at the property history maps of the area photographs of
the property in the surrounding area our l and i appeal our uh deed to the property uh showing
that my client owns it and a certificate
of tax clearance.
I don't want to belabor the point
in that
there is proposed findings of fact
and conclusions of law. I think it's pretty straightforward.
I would just ask my client
a couple things about how much he spent,
how much it would cost to
remediate this.
Why don't we bring him?
He's online?
He should. He should be online.
Do we see his hand?
No, I don't see.
They're coming in as a panelist.
Thank you.
Hello?
Good morning.
Could you please state your name and spell for the stenographer?
Yeah, it's a F-I-R-D-A-V-S-K-A-N-O-A-T-O-V, Firdavs Kanoatov.
Could you turn on your video, please?
Yes, please.
One sec.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Yes. For Dobbs, first of all, is it correct that you spent approximately so far $182,704 on the construction of this building structure that's in front of the board right now?
Yes, I do.
Okay. And is it also true that in order to remediate the situation and provide the eight-foot setback on the third story, it would cost almost $50,000 to do so?
And then also, isn't it true that you hired a licensed architect to make these submissions for your zoning permit and building permit?
And you continued construction over five months in reliance of those zoning permits and building permits?
and if you would have known that you weren't able to build straight up on the third story
you probably would not have invested in this real estate development project correct yes all right
thank you you're welcome any questions from the board
Any questions from the board?
If I could just ask one question so it's clear in the record.
Sir, can you see the screen that's being shared by Mr. Nocklinson?
It's okay if you can't.
just say
you can't
I can see everything
and was the property
fully framed out and
was this the condition of the property
on or about May
lots of them
almost done, the windows
already installed and doors already
installed
it's a yeah everything is framing is almost done yeah thank you you're welcome anything from our
attorney um no mr chair that the board wants to just hold us to decide how it wants to um okay
yeah i do have i do have a question the building on the right was that where was that in construction
at the point that you started construction
or that you submitted for your building permit?
For Dov's, yes, board member John's asked the question about construction.
Do you remember where the building on the right was,
the newly constructed building,
where it was in construction when you commenced construction?
They have started.
They have started and the construction was going.
going on there as well what about at the point you submitted for your building permit
uh when when submit the building permit uh i i saw that they they have started it was not framing
it uh that would there was the the i think the the the they they were in foundation i submit
I bought the property, I see that it's a new properties are started there. And I applied. So my architect started and applied for the for the project and everything was confirmed. So I found the investors and I got my money from the bank and start the project.
All right, thank you.
You're welcome.
All right, so we're going to hold this vote until next Wednesday, and we'll vote at 9.30 a.m.
All right, thank you very much.
Sure, thank you. Thank you both.
Thank you.
We're going to go to number two.
MI 2024-002-461-532-North 10th Street.
Zen Jin is the attorney.
Xenjin will be rejoining us as a panelist.
Good morning.
Good morning, counsel.
I already swore you in one state.
Just for the record, state your name.
Yes, my name is Xenjin, Z-H-E-N-J-I-N.
Could you identify your client or relationship to the property?
Yes, my client is 532 North 10th Street, LLC, the owners of the property.
All right.
Do you waive the reading of the refusal and agree with its accuracy?
Could you please start your presentation?
Yes, thank you.
I'm going to share with the board the information previously submitted in this case.
Can the board see my screen on theirs?
We can.
Thank you.
So this is an application for what is currently a vacant lot at the location of 532 North 10th Street.
This particular lot is located near Spring Garden Street.
And because of its location and what is surrounding the property now as far as uses, my client initially proposed to put up a new structure with a commercial space on the first floor and three units above.
I want to let the board know that, of course, this is being a CMX1 district, that the additional unit for the residential is not permitted, and there was a height restriction as well.
However, when my client had met with the community, there were extensive discussions between the community and my client, both as far as.
There were extensive discussions between the community and my client, both as far as the use, as well as some changes to the proposed structure.
And upon reaching a consensus on the changes, the community issued its non-opposition in this particular matter.
At the initial meeting, the community was split as far as what is being proposed.
However, what we have done is to reduce, one, the number of residential units from requested of three down to two, and also make changes to the facade of the structure to more closely fit what is nearby.
So I'm showing the board the photograph of the lot as it exists right now.
you can see right there in the picture that on that end is Spring Garden Street. There are many
larger structures of course on Spring Garden. We're around the corner on 10th Street and further
down 10th Street there are mostly three-story structures some of which newer construction a
little bit taller and is actually consistent with our height that we're requesting. Across the street
you can see further down some residential units as well and on this block on 10th street there
are multiple units that are built with more than single family use so the duplex above the
commercial isn't out of character with what is in the area because of its near location to spring
Garden where larger commercial units exist. And because of the nature of 10th Street, having
more commercial further down the block, but also more residential going the other direction towards
the north, there was a little bit of a split on what is best for that location. However,
the consensus with the neighborhood is that a commercial on the first floor would make sense
due to its proximity to Spring Garden.
We have submitted a revised proposal plans form