or has comments no more hands here planning commission uh ron bednar city planning your
first name ron r-o-n last name bednar b-e-d-n-a-r do you swear affirm to tell the truth the whole
truth nothing but the truth i do please proceed the comprehensive plan recommends no change to
existing rm1 multi-family zoning at this location we feel the applicant has not demonstrated a
hardship for either the unit density or lack of open space as any existing archip is removed as
part of the demolition accordingly planning commission recommends that the board deny the
variance thank you um for both council uh we've had a lot of testimony i want to take this on the
consideration the executive session next week and we will vote on this next wednesday at 2 p.m
and and thank you all and thank you for all the comments that everyone made thank you all right
thank you very much right the record is closed is closed um is there um is there anyone in the
audience uh who's a 2 p.m class case was not called there are no hands chair okay we're
there are no hands chair okay we're going to take a five minute break so our
going to take a five minute break so our
our court reporter can get set we'll be right back and we're going to finish up the list
thank you chair
good afternoon my name is bill bergman and i will be chairing the zba hearing the 330 list
with me is our vice chair ismail shaheed
he's here our board member thomas holliman present mr chairman our board member james snell
present mr chairman also present is hillary emerson our attorney and our executive director
tanya sunken here's our virtual format be advised the proceedings are being recorded
A video will be available by contacting TanyaSunkett at philo.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're 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.
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 for this 3.30 list.
Number one, MI 2023, 002-622-238 North 53rd Street.
That case is continued.
Number two, MI 2023-002-653-2750 North Broad Street.
Zen Jin is the attorney.
Zen has a letter of non-opposition from Allegheny West Civic Association, but Swamp Poodle RCO has called for a continuance.
Mr. Jin, could you please come on?
mr chair could you call number four with that as well i will request for continuance was for both
both appeals thank you so number four is in the same building it's mi 2023 002 687 2750 north
broad street yes sir good afternoon this is engine state your name for the record please at all
Yes, Zen Jin, Z-H-E-N, J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838,
.LVPA 19103 here on behalf of the applicant.
You swear for him to tell the truth, the whole truth, and nothing but the truth.
Mr. Jin, I see that you do have a letter from the Allegheny West Civic Association,
but I see Swamp Poodle call that I requested for a continuance.
Could you tell me your position on that?
Yes, we would state that all the notifications that were required was done. There was actually two community meetings, one which we sent mail for notification to near neighbors, and a second meeting requested by Allegheny West where we sent notifications by flyer to the near neighbors.
I also want to point out we did mail Swampudo, and Swampudo was initially included in all emails also of our outreach.
The problem is, of course, our outreach started in May, and we didn't get any response from any RCO until almost September, or at least August.
So it was not for lack of effort.
I don't know why Swampudo did not get our mail or the notification otherwise about the meetings itself,
but i can assure the board that the meetings did take place and i believe for the purpose of
allowing the neighbors to have a full understanding of what we're trying to present that has been done
through the two meetings we had with alligators are you ready to proceed i am okay is there a
Representative from Swampoodle in the audience?
Yes, Chair.
Phone number ending in 3552.
I will allow to speak.
Hello?
Adrienne, just state your name for the record, because I think I swore you in earlier today.
Yes, you did.
My name is Adrienne Fernandez.
My last name is F-E-R.
N-A-N-D-E-Z.
Right.
Adrienne, what's your position on this?
Everything I wrote in the email, Mr. Jen, sorry, has nothing to prove that he notified no one.
There are five or six RCOs on this address that are affected RCOs, and we've had numerous problems.
um on this address that are affected rcos and we've had numerous problems with allegheny west
foundation who is a developer breaking the zoning law or not complying with the zoning law and
holding private meetings with other developers in this case this is similar um we are asking that
um the other five or six rcos are allowed to hold the meetings that the zoning code gives us the
right to have. The only communication we received
I put in the letter, my memory, I believe it was May
15th, August 9th,
and August 11th, a staff person of his
sent three letters to Allegheny West Foundation and they copied us
possibly other RCOs and said that they couldn't get in touch with Allegheny West
Foundation. We have no plans, no
no documents no notices of public meeting um he sent nothing out to rcos and it is inadequate for
him to send flyers when the code requires usps delivery we have no proof of mailing we have
nothing i don't think it's fair to have nothing about listen to me uh we do have the coordinating
rco in non-opposition we're going to hear the case we're all equal you listen me we're going
hear the case both cases you'll have an opportunity to speak and right now these cases are going to
go on and i'm going to continue with the continuations and also the cases that we do not have
documents so you will be coming back to this case shortly thank you okay how can we um
number number three mi 2022 006 757 1134 1134 waverly street two are that case is continued
what street are there any other requests for continuances
there are no hands here and i have two cases that we do not have exhibits for number six
mi 2022 006 746 226 rittner street no exhibits second listing attorney should be needed on this
case no one also appeared the last time on 5323 no exhibits
Mr. Chair, I just want to note that JG Premier Homes, LLC, is the listed owner, and CGI Construction Incorporated is the listed applicant.
Thank you.
We have heard from neither entity.
Thank you.
And there's no hands up.
So MI 2022-006-746-226 Ritten Street.
This is the second listing.
We have no documents, and we also, no one appeared the last time for the hearing.
I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
We have the votes.
Number 7, MI 2022, 006-880, 2219 Sigel Street.
No exhibit, second listing.
no one appeared the last time mark must be heard michael newman is the listed applicant
newman investing llc is the listed owner
no hands here okay so mi 2022 006 880 2219 single street this is the second listing we
still have no exhibits no one appeared at the first listing i vote to dismiss
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
Thank you. Thank you, Jim.
We're going to go to our first case, which is number eight.
MI 2023-002-628-1458 North 30th Street.
Kevin Bryan is the owner of Pro Se.
this application is for visitor accommodation in existing structure
the proposed use visitor accommodation is prohibited in the cmx one zoning district
kevin bryan has been promoted
i'm mr bryan could you state your name please and spell for the court stenographer
trying to get my my video going um hello everyone uh mr chairman name first spell
Trying to get my V
for the court stenographer my name is kevin bryant last name b-r-y-a-n-t
okay um do you swear or affirm to tell the truth the whole truth nothing but the truth
i do or uh mr hallman has a few questions for you
good afternoon sir yeah i hear you i hear you as i didn't hear you the first time around
please proceed us go ahead counsel do you agree to weigh the reading of the refusal and stipulate
to his 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 uh no i did not did not
okay what is it that we're still missing um so i have my wife who's also uh on this call
i'd like to bring her in if possible um what i'd like to do is um i'd like to explain to the court
uh to the panel um what's going on so far with my process i'm very new i don't have an attorney
so i just wanted to explain my part of this process
hillary do we have all the documents um no mr chair um i advised mr mr bryant um earlier today
and i apologize for for the lateness of the notice um but we do not have proof of an rco meeting
occurring um there are no interior photos of the property and no proof of tax compliance submitted
so um we we cannot go ahead unless we know that there has been an rco meeting
um and we need the photos as well the tax compliance we can hold the vote for right
mr bryant did you meet with an rco um my wife i believe she did um i'd like to bring her in if
possible okay where is she at hello um i'm here um you state wait a minute wait a minute could
you please state your name and spell for the quartz demographer it's chadi bryant c-h-o-d-d-i-e
b-r-y-a-n-t do you swear for him to tell the truth the whole truth nothing but the truth
i do did you meet with the rco um we're new at this i don't even know that's okay that's okay
no i didn't because i didn't know what an rco was or how to do it all right so so so here here's
what we're going to do and i'm sorry we kept you so long we're going to have to continue this
but what i want you to do is call the office they will tell you everything that you need
and they will the next time around we'll be ready to go okay okay is there all the office
they'll explain they'll explain to you the rco process all the other forms that you need and
we'll make sure we make this work for you okay okay is there a number that um excuse me chair
we'll put it in the chat miss brian yeah they're going to put it in the chat and just go into the
chat you'll get for you thank you so much oh no no that's fine that's fine we we don't expect
everybody to understand it all the time okay thank you so much thank you and number nine
mi 2023 002 682 1317 south ruby jason farris is the owner applicant pro se this application
is for the proposed use of a non-accessory surface parking on existing vacant lot to
Proposed use, non-accessory parking, is prohibited in the RSA-5 zoning.
There is a letter of support from the 51st Ward Democratic RCO and received streets approval for a curb cut.
Mr. Farris.
Mr. Farris has been promoted.
Good evening, Mr. Farris. Could you state your name, please, and spell for the court sonographer?
jason ferris j-a-s-o-n-f-a-r-r-i-s do you swear for him to tell the truth the whole truth nothing
but the truth yes i do our vice chair has just a few questions
good afternoon sir have you emailed in all the required documents and exhibits that is needed
and required to proceed with this case five days in advance of this hearing i have thank you please
Please proceed and share your screen.
uh thank you for seeing me today um i'm proposing a surface park a single surface parking spot um
on the property next door to my home which i also own um can you see my screen we can excellent um
This is the submitted drawings, the refusal, application for appeal.
This is from my RCO meeting, and the letter is sent out to the near neighbors.
The RCO meeting, there was at least one near neighbor in attendance, and this is a letter
of support from the RCO, the 51st Ward.
This is the deed for the property.
and my certificate of tax clearance
um i'd say that um you know as big concern for many parking spots is that it would take away or
many off street parking spots is that it would take away a on-street parking spot i live on a
one-way street um all of the existing street parking is on the other side of the street so
this won't eliminate um it'll actually um provide an extra parking spot on the street since my
vehicle would be off um i've not expressed or experienced any opposition to this from any of
the neighbors that i've talked to um and haven't uh none none were um came to the rco meeting to
express
opposition.
Mr. Farris,
does anybody else on the block have that type of
parking?
There are other vacant properties,
at the other end of the block,
one of those is
parked in, but it's not legal.
There are no curb cuts or
legal parking on the block.
And you went
to the streets department too?
yeah i started with the streets department and i did get their approval before it went on
to um i thought that this would be um granted as right but
um since my deeds are not combined it can't be an accessory to anything
um questions from the board no mr chairman
no chair
questions from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
no hands chair planning commission uh ron bednar city planning properties indicated for residential
use on the city plan or adopted distant plan recommends no change the existing zoning at this
location the applicant's hardship is not supported with evidence of unique physical circumstances or