Thank you.
Yeah, I'm sorry, because I cleared all the cookies last week, so I was like, is this a
cookie?
Like, what? There's something with this.
Good morning, everyone.
My name is Bill Bergman, and I will be sharing this morning's EBA hearing.
With me is our board member, Cheryl L. Gaston.
Present, Mr. Chairman.
Our board member, Tanetta Graham.
Present, Mr. Chairman.
Board member, Michael Johns.
Present, Mr. Chairman.
Board member, Taya Nguyen.
Present, Mr. Chairman.
And our board member, Ryan McAdams.
Present, Mr. Chairman.
Also present is our board attorney, Hillary Emerson,
our zoning board director, Ian Haggerty,
and our board administrator, Lakeisha Dandy.
Recording of this hearing will be posted on the ZBA website.
If I participate in, you agree to be recorded.
This is an in-person meeting with remote capabilities.
Whether remote or in-person, if you're called,
speak you must state and spell your name and then wait to be sworn in once you've been sworn in
please state your name each time before your testimony any person may enter their appearance
to become an interested party there are three ways you can identify the case property address
on your zoom webinar registration you can see a staff member or you can call the zba appearance
line by the close of business tomorrow. Call 267-270-5548. Leave a message that includes
your email address and the address of the property of the appeal. Following guidance
is for our remote attendees. When directed by the chair, you must raise your virtual hand in
order to be recognized. Second, if you're called to testify, you'll be prompted to join as a
panelists. Please accept the request and turn on your camera. Third, the webinar Q&A is for
questions about the hearing. Do not comment on cases in the Q&A. Fourth, if you're participating
by phone, press star 9 to raise your hand and star 6 to unmute. For our in-person attendees,
please refrain from talking, eating, or drinking during the hearings. Verbal and physical aggression
will not be tolerated. Restrooms are across from the elevators. A water fountain is just outside
the room to the right. When speaking on the record, you must speak directly into the microphone in
order to be heard by all attendees and a court reporter. In the event of an emergency, please
follow the directions given over the public address system or by the staff. The main exit
is through the double doors at the rear of the room. The nearest stairwell is to the left outside
the doors. In case of an evacuation, the rally point is Love Park directly across Dart Street.
Please remain here so we can account for you.
Let's look at our schedule for this morning.
Number two, MI 2024-005-757-9212 Delaware Avenue.
This case is continued to 930 on 211-26.
Number three, MI 2024-005-759-9214 North Delra Avenue.
That case is continued to 2-11-26 at 9.30 a.m.
Number four, MI 2024-005-788-9216 North Delra Avenue.
That case is continued to 2-11-26 at 9.30 a.m.
Number six, MI 2024-006-068-9218 North Delaware Avenue.
That case is continued to 2-11-26 at 9.30 a.m.
number 11
MI 2025
MI-2025-001-047-2006 Bellevue Street.
001 047
We have no exhibit.
This is the first listing, and there's a request from continuance from Israel Graham email dated 7-11-25.
So this case will be continued till 2-11-26 at 9.30 a.m.
And number 12, MI-2025-001-099-6324 Sackett Street.
This case is continued until 2-11-26 at 9.30 a.m.
Are there any other requests for continuance?
Good morning, Mr. Chair.
This is Jason Hand.
I will be your coals for the session.
I have a hand up from Bria Kennedy.
I will have him to speak at this time.
Good morning.
Could you please state your name?
It's spelled for the stenographer.
Good morning.
My name is Bria, B-R-I-A, last name Kennedy, K-E-N-N-E-D-Y.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you tell us what case you're interested in?
I don't have the case number present, but it's for 3904 Aspen Street
to be heard at 9 30 this morning that's number 10 mr chair and there's as well uh 30 so so so
that case uh 3904 aspen are are you um you're you're the uh i'm the applicant and expediter
on this case sir okay so yeah so um miss kennedy we do not have any exhibits um with this case so
it cannot proceed today and also the property owner needs to be the one to present the case
an expediter cannot present a case okay yep we emailed for a continuance i wanted to just make
sure that we got a date we emailed for 10 minutes okay we i don't think we received that email but
we did not receive any exhibit so it will be continued okay so number 10 mi 2025 000 953
3904 Aspen Street. Cases continue
to 211-26 at 930. Must be heard.
And there is a second case as well.
Pardon me? There is a second case as well.
And that is for 3210 North
5th Street. The property owner did not retain
an attorney as of yet for this case and it needs to be
continued as well. What number is that, Hillary?
That's coming back. We'll have that at 3.30. That's not this morning.
Thank you. We appreciate it. Thank you.
Anyone, any other requests in a continuance?
Yeah, I do not see any hands.
All right. So number one, MI 2023-003-382-6340, Musgrave. Troy Pratter is the listed owner. This is the fifth listing. We have no exhibits. There's a request from Mount Airy neighbors for a dismissal. Mr. Pratter.
I do not see any hands raised for that matter.
I do have a hand raised from a number ending in 3552.
I believe this is Adrian Fernandez.
Adrian?
Ms. Fernandez, please unmute.
Hello?
Good morning, Adrian.
Could you please state your name as spelled for the stenographer?
Yes, Adrian Fernandez.
My last name is spelled S-E-R-N-A-N-D-E-Z.
Do you swear to affirm to tell the truth, the whole truth, and nothing but the truth?
Adrienne, what case are you interested in?
3029 North Stillman Street.
I believe the owner is on the line, but she may be having some kind of problem getting in.
She's requesting a continuance.
She did notify all the affected RCOs, Planning Commission, and also District Council 4 that she needed more time to schedule a public meeting.
Her name is Tanisha Brumskill.
She may be on the Zoom.
Thank you very much.
And in this case, we believe an attorney may be needed as well because Ms. Brumskill is doing business as an LLC.
And in this case, we believe an attorney may be needed as well because.
Okay, so MI 2025, 0008223029 North Stillman Street.
Cases continued to 211-26.
Mark must be heard.
Thank you.
Thank you.
um number five hillary we have a continuous request on this am i correct yes from the rco
we should see if um anyone here is present okay so mi 2024 005 847 7335 montour street
the rco's requested continuance yugo zing zinga is the listed owner
we have been allowed to speak hello hi is yuga zinga there please
hello hi who who's calling please state your name um my name is selenas reynoso
s-e-l-y-n-e-s reynoso r-e-y-n-o-s-o
hold on hold on hold on do you swear a firm to tell the truth the whole truth nothing but the
truth yes are you involved in this case still in 7335 montour street yes to how are you involved
um i'm the contractor i have submitted i know but is the is the owner available
um he's not here right now he was but he just left he had an emergency he came to the office
but and since the case was going to be continued because it has an email request and a contingency
because um the rcr requested another date all right all right thank you so mi2024
0 0 5 8 4 7 73 35 montour street this case is continued to 2 11 26 at 9 30 a.m mark must be
heard and and um ma'am i just wanted to note that the property owner will need to be the one
that presents the case once this is heard before the zoning board no problem he will be doing that
Okay. Thank you.
And number 10. No, we have that. Okay. We did that. Okay.
Let's go to our first case.
Number eight, right?
Number eight, right? We've covered everything, right? Okay.
Army? Okay, I got it.
Number one, MI 2025
1541 Adams Avenue.
I vote no. Michael Johns, I vote no.
Cheryl Gaston, my vote is no. Tanetta Graham, my vote is no.
Brian McAdams, my vote is no. Ty Owen, my vote is no.
Number two, MI 2024-007-539-5236 North Broad Street.
This hearing will be rescheduled for vote on Wednesday 7.30 at 9.30 a.m.
number eight on our regular list
MI 2025
303 Marketry
Zen Jin is the attorney
there's
old city district RCO is
unanimous support and the letter
of non-opposition from council member
Squilla
sure they're coming back in
as a panelist now thank you
good morning good morning counsel could you please state your name and spell for the sonographer
yes my name is zen jen z-h-e-n last name is j-i-n here on behalf of the applicant
all right do you swear a firm to tell the truth the whole truth and nothing but the truth
Could you identify your client
in the relationship to the property?
Yes, my client is Mr. David Singer,
the trustee of Michael Singer Exempt Trust,
which is the owner of the property.
Please share your screen and start your presentation.
Thank you.
I'll share with the board
what was previously submitted as an exhibit.
Can the board see my submission on their screen?
We can, sir.
Thank you. So to quickly go over the application, this is a referral based on the Old City
Thank you.
so to quickly go over the application this is
Residential Overlay District. This property is actually zoned CMX3, which normally the proposed
use would be a by right use, but because of the overlay, it is now a special exception use.
The application is for the use of the first space of the property as a fresh juice store
and restaurant, not really a restaurant, it's a fresh juice shop.
So when we met with RCO, they certainly welcomed the concept.
It's something that would be beneficial to the community as a service and available option.
It is on a block that is commercial in nature throughout, so none of the uses or the proposed use changes would negatively impact the block in any way greater than these kind of uses typically would.
So as you can see in the photograph, I'll zoom in slightly, there are existing shops throughout the block on both sides.
We're currently vacant and will be filled in by this juice shop.
The proposal for the shop is pretty straightforward.
There will be a counter for service and then the preparation of the fresh squeezed juices and the mixes will be behind the counter and served to the customers.
There is a trash plant already in place with the client.
We actually submitted with our application exhibits, the menu for the smoothie juices,
it's an AMI juice bar will be the name, and proposed business plan with operating hours
and the various shift management and service. So this, again, this application is for a juice bar,