Did you hear my testimony today regarding your property?
Do you adopt it as your own?
yes is there anything you'd like to add to the board no okay i have nothing further
questions from the board no mr chairman no chair
questions or comments from our attorney hillary emerson
um two things one mr consul did you show the tax clearance because i don't have record of
receiving that just emails that that it was being addressed oh i apologize i have the zero balance
i emailed you about that i'll i did not try to pull the tax clearance certificate this morning
but i will uh immediately after this call okay well if you do you have do you have the zero
balance that you can show because that that's all that we need okay that balance is zero yeah could
i could i email that to you okay that's fine um and then do you have a copy of the plans that you
can send as well i uh and you have i'm sorry i don't have my fingerships yeah i'll get them to
you okay thank you um and i just wanted to note for the board that the proviso that was referenced
from the rco for no exterior storage um that that would be that would be fine um to add to a decision
that the board decides to grant thank you okay thank you um questions or comments from the virtual
audience there are no hands chair planning commission thank you chair bergman and good
morning david effecto with the city planning commission chairman and board members the
comprehensive plan recommends a change in zoning at this location from residential single family
to residential multifamily.
The appellant appears to have built
an addition to their building
without the benefit of permit
sometime after 2020.
There is no unique physical condition
or circumstance of this property
that would prevent it
from being used entirely
for residential living.
The City Planning Commission
recommends the board
deny the proposed use variance
for artist studios
and the proposed dimensional variances
for maximum occupied area
and minimum rear yard depth.
Thank you.
MI 2023-002-764-4500 Rising Sun Avenue, I vote yes with proviso. No external storage.
Thomas Holloman, my vote is yes with proviso.
It's no, Shaheed, my vote is yes with proviso.
Council, you have your three votes.
Thank you. Have a good day.
Number eight, MI 2023-002-761-502 West Glenwood Avenue,
attorney is Pascual Calavita, letter of support from H-A-C-E,
and a letter of non-opposition from council member Lozada.
Applicant also provided a petition with 155 neighbors.
Pascual Colavita has been promoted morning sir could you state your name and spell for
the court stenographer good morning I could you state your name and spell for the court stenographer
Hi, could you state your name and spell for the court stenographer?
Muscual Colavita PAS.
Pasquale Colavita, P-A-S-Q-U-A-L-E-C-O-L-A-V-I-T-A, attorney for Victor Leal Ozuna, who is somewhere on here, and if we can...
Okay. Do you swear or affirm to tell the truth, told truth, nothing but the truth?
Our vice chair has a few questions.
I stipulate
to the reading of the refusal
and its contents
thank you very much
and all your documents are in
thank you
please proceed
if I may
i apologize here i got kicked out i'm back we're good we're it's all good
and again um i have victor leal azuna the owner of 502 west glenwood this was previously a three
It was 502, 504, and 506 West Glenwood.
I consolidated three deeds for him, and they're attached at Exhibit A.
Apologize, normally I shrink this.
So as you can see, he's the owner of the property.
He's been the owner since 2016 of some of them, and then 2018 and others.
I could not, for some reason, link into his tax clearance, but providing with a zero balance and to show that the additional 419 that was over there was paid on the 4th.
And yesterday I obtained it cleared and obtained the zero balance at Exhibit B.
Exhibit C was our application for the erection of it.
So this is basically what this project is, is a empty lot.
It's a angular lot that he is going to store vehicles for a separate company that he has, a tow company that he has and have a office.
And the vehicles that he's going to be storing are his vehicles, not the towed vehicle.
So this is not necessarily a location. It's not a location where he's going to be placing towed vehicles and causing any issues with the potential people coming over to inquire as to attempting to get his car or anything.
So it's just going to be his trucks that are on there. Attached is a copy of Exhibit B is a copy of the refusal, which it's a use refusal and a zoning refusal.
and i'll show photographs to show what uh their um other uh commercial uh properties uh
immediately attached and and um within a short
distance of the actual premises uh attached also at exhibit uh e as the r application for appeal
um and we can get to the uh plans which i don't know if everyone again these were submitted and
we we had to go through quite some uh treacherous uh applications resubmissions
um with uh both the streets department to show that there the appropriate turning distances
were there. There is room for, it looks like, I believe, five vehicles for him. Again,
they're his trucks, and there is a small accessory, one-story building in the top
left portion of this again non-regular shaped lot if we go to
the next page you can see what it would look like you have a door a couple windows but again this
is an office accessory to his his present business
following on page three it shows it from a sky view and let's see
page four and I can increase
page four. And I can increase this if you would like to see what it actually, I mean,
let's see if I can get the hand here. The lot from above. So you have, again, on the corner
of that property, you have a store right next to it. And right now you have vehicles that are
just there and i'll show you that that he has already improved the uh the premises on august
4th uh first we we submitted um we notified all of the neighbors attached are the uh certificates
of um bulk mailing and here is a copy of photos showing that he placed the uh the poster on it
But that is, in essence, what the front will be.
He's going to be cleaning up the sidewall of the other property.
And here are photographs of the neighborhood from the inside.
Showing across the street, other lots.
There are poles there, so that way there's no parking on pavements and the like.
right next door on both sides are again commercial properties and here's a a wider view
and the lot itself so again as could you show could you show me the rear yard the
whole issue of nine feet and you only have 18 inches could you show me that
on the plan yeah well it one of the refusals right
Right. Am I reading that right? Insufficient rear yard, nine foot.
Right. Because what he's doing, I'm presuming that what what the examiner meant by that is that he's placing.
he's placing the the building right here right on on in essence against the
okay all right i see okay you see where it is yep yep i see i see i see the yep we're good
all right thank you and again all of the petitions as stated they're over a hundred and i think 150
the uh and met with the rco letter of support with that um if you want me to no we're fine
you have any questions or if you want me why don't you why don't you bring why don't you bring him on
mr leal
mr leal can you raise your hand please
At this
There he is
He will have permission to speak
Alright
Good morning sir
Could you state your name please
And spell for the court stenographer
My name is Victor Leo
Could you please spell it
V-I-C-T-O-R
Leo L-E-A-L
O-Z-U-N-A
Do you swear or affirm to tell the truth
The whole truth and nothing but the truth
Yes I do I swear
Please proceed, counsel.
Good morning, Victor.
Did you have an opportunity to listen to my testimony?
Would you agree that it's accurate?
Yes, sir.
Would you adopt it as your own?
Yes, sir.
Is that sufficient?
Questions from the board?
Questions from the board?
No, Mr. Chairman.
No, Chair.
Thank you.
Thank you.
Questions or comments from Hillary Emerson, our attorney?
Not at this time, Mr. Chair.
Questions or comments in the virtual audience?
There are no hands, Chair.
Planning Commission.
Thank you, Chair Bergman.
And good morning.
David Vecto with the City Planning Commission.
Chairman and board members,
the comprehensive plan recommends a change in zoning at this location from commercial mixed
use two to commercial mixed use one the appellant requests two variances one for parking spaces in
the required rear yard and one for relief from the required nine foot rear depth rear yard depth
this is an oddly shaped trapezoidal lot that presents a clear hardship for its reuse under
the commercial mixed use two-dimensional standards the city planning commission recommends the board
grant the proposed variances for parking in the required rear yard and relief from the nine-foot
and relief from the nine-foot rear yard depth provision in the zoning code.
rear yard depth provision in the zoning code. Thank you.
Thank you.
MI 2023, 002-761-502 West Glenwood Avenue, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Eshmael Shahi, my vote is yes.
Thank you, counsel.
Thank you very much. May I be excused?
You can.
Have a great day.
Right.
All right. Number nine, MI 2023, 002-702-1208 Mifflin Street. Henry Clinton is the attorney.
There's a letter of support from East Pashunk Crossing and a letter of non-opposition from
Council Member Squilla. Henry Clinton has been promoted. Good morning, Mr. Clinton. Could you
state your name, please, for the record and spell for the court stenographer?
Morning, Mr. Chairman, members of the board, Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.
Right. You swear or affirm to tell the truth, the whole truth, nothing but the truth?
I know.
Could you identify your client in relationship to the property?
Sure. My client is Flavia, F-L-A-V-I-A, Carabella, C-A-R-A-B-E-L-L-O, and also on the call is her
daughter josephine patty p-a-t-t-i our vice chair has just a few questions for you sir
good morning counselor do you agree to wave the reading of the refusal and sticking into
his accuracy i do mr chahid have you emailed in all the required documents and exhibits that
is needed and required to proceed with this case rob is in advance of this hearing yes i did and
just the other day i i added three more photographs of the utilities in the basement
i'm just uh he's proceeding to change the screen thank you
is that visible mr chairman it is all right thank you good morning mr chairman again members of the
board i'm here on behalf of the owner of the property at 1208 mifflin street uh flavia carabella
and she's being assisted by her daughter, Josephine Patty.
This is the table of contents for the project today,
including Exhibits A1 through A11, which I ask to be entered into the record.
This is the refusal.