Thank you.
Chair, it looks like we have 50 attendees.
We can proceed as you wish.
Thank you.
Good morning, everyone.
My name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is our vice chair, Ismael Shahid.
Present, Mr. Chairman.
Our board member, Thomas Holliman.
Present, Mr. Chairman.
And our board member, James Snell.
Present, Mr. Chairman.
Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunket.
Here's our virtual format.
Be advised, the proceedings are being recorded.
The video will be available by contacting tanyasunket at phil.gov.
For 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 an interference statement, call 267-270-5548. Leave your email and the address of the property
in question. And finally, the question-answer box on the screen is not for comments or testimony.
All comments should be directed to our Executive Director, Tanya Silken.
Let's look at our schedule for this morning.
number two mi 2022 000 672 8107 ratford street dan lee is the owner applicant mr lee
Good morning, Chair. This is Doreen Blakely, and I will be your co-host today.
And Doreen has been allowed to speak.
Good morning, Mr. Lee.
Good morning. Give me one second.
For some reason, I cannot turn on the video.
Mr. Lee, listen to me. State your name, please, and spell for the court sonographer.
My name is Dan Lee, first name D-A-N, last name L-I, and I'm the property owner of 8.07 Bradford Street.
All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Mr. Lee, this is the fifth listing. We did not receive your documents until last night.
This case cannot go on. We did not have the time to view the documents.
The case is going to be continued, but Mark must be heard the next time.
Do you understand?
Yes, I got it.
Do you understand?
So MI 2022-000672-8107 Bradford Street, the case is continued.
Mark must be heard.
Number 11.
M.I. 2023-002-596-3023 Walsh Road. This case is continued.
Number 13, MI 2023-002-628-1458 North 30th Street.
Kelvin Bryant is the owner-occupant.
Mr. Bryant.
Kelvin, Bryant, if you're in the audience, please raise your hand.
i'll say just to clarify that's kevin bryant but i don't see um anyone in the audience by that name
so mi 2023 002 628 1458 north 30 street this case is continued mark must be heard and then number 18
MI 2023-006-841-5601
North Park Avenue
The case is continued
Mark must be heard next time
Are there any other requests
for continuance?
Yes, Chair
I have two hands up
The first one is Paul Bonney
and I will allow him to speak
and I will allow him to speak.
Three.
Good morning, counsel. Could you state your name, please, and spell for the court sonographer?
Paul Bonni, B-O-N-I.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you please say what case you're interested in?
Okay. I hope I'm on the right wavelength. But I'm here for societal civic association,
And I believe there's something on your agenda, 520 South Street, and I'm hoping that it's withdrawn.
I think I've seen a letter to that effect.
Yeah, I think I let me see where that is.
Yes, that case has been withdrawn.
OK, thank you very much.
Thank you, sir.
Is there anyone else?
Yes, Darwin Bovee is allowed to speak.
Good morning, counsel.
good morning mr chairman members of the board sure could you state your name please and spell
for the court sonographer darwin beauvais darwin d-a-r-w-i-n beauvais is b as in boy
e-a-u-v as in victory a-i-s as in sam i'm at 1500
Darwin lost you.
Sorry.
I'm at 600 Market Street.
All right.
Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
What case, sir?
It is the 2126 Lehigh Avenue, East Lehigh Avenue.
We are looking to have that withdrawn.
I have that, and thank you.
So MI 2021-004659, the case 2125 East Lehigh, the case has been withdrawn.
Thank you, Mr. Chairman.
Anyone else?
Yes, a person with the first name Ortelin is allowed to speak.
Good morning.
Could you please state your name and spell for the court stenographer?
Yes, Ortelin Zaharigan, O-R-T-E-L-I-N.
Z-A-H-A-I-R-A-G-U-N-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
What's the location of your case?
6531 North 7th Street.
That's number nine on the list, Mr. Chair.
Please, do you want to go on, sir, or do you want to continue this?
I would like to continue to the shortest date possible.
the next shortest date. Okay, so we will continue this case. You'll have to contact the office
about what the next date is. So MI 2023 002 575 6531 North 7th Street. Case has been continued.
Mark must be heard. Thank you, sir. Thank you.
Any other
Continuances
No more hands here
Thank you so 16
MI 2023
1503 East
Luzerne Street
No exhibits first listing
Listed owner is
Alfred Carroll
And Runming Lun
And listed
former owner is Ben Tron
is the applicant.
Ben Tron has his hand up.
Am I promoting him or just allowing him to speak? I'm sorry.
Allow him to speak, please. Okay, thank you. He's allowed to speak.
Hi, could you state your name, please, and spell for the court sonographer?
Yes, my name is Ben Tron.
Spell it, please.
b-i-n-h last name t-r-a-n do you swear or affirm to tell the truth the whole truth and nothing but
the truth yes i do all right so so this is the first listing in this case we do not have the
exhibits we don't have the paperwork paperwork you know we don't we cannot find any paperwork
that it's been sent in yeah because i purchased this house as pre assistant doublet on november
2019 yes all right so you but but what i'm saying to you is you need to have your paperwork sent
into the zoning board i don't have any paperwork because it's already yes a mystery and you sold
the property is that correct yes i just sold the property on october 2023 and just know that the
the zona is not the double leg okay i do see um alfred carroll in
Okay. I do see Alfred Carroll in the audience. Alfred Carroll, are you able to raise your hand? I believe Alfred Carroll is one of the current owners.
Yes. Alfred Carroll is also allowed to speak.
Good morning, Mr. Carroll. Could you please state your name and spell for the court stenographer?
Good morning.
My name is Alfred Carroll, A-L-F-R-E-D, last name C-A-R-R-O-L-L.
You swear a firm that tell the truth, the whole truth, and nothing but the truth.
Mr. Carroll, we do not have paperwork for this project.
No exhibits have been submitted.
Mr. Chair, I purchased the property in November.
I was not aware, after talking to both real estate agents and the seller, and I'm not
I'm sure the seller was aware that this did not have clear zoning.
There were some past violations that the former owner was still working to address, which I've now cleared with L&I.
And it was the L&I discussions where they made it clear that this was up for this hearing.
So I was invited to attend. I'm not clear what paperwork I need to submit.
So here, Mr. Carroll, here's what we'll do. You have to contact our office. They will gladly work with you and tell you what paperwork has to be submitted. Okay?
Okay. Who specifically should I contact?
You're going to see in the chat, they'll have a phone number for you in the chat where you can call. Okay?
Okay. All right. Thank you very much. So, MI 2023, 006-693-1503 East Luzerne Street, this case is continued.
I'm going to go to our adult list.
Mr. Chair, I don't think we read into the record the other withdrawal. I know Mr. Bonney appeared, but I don't think we officially read it into the record.
I thought I read that, but okay.
Number six.
Yep, I got it.
Thank you.
Number six, MI 2023-001-120-520-South Street.
This case has been withdrawn.
And I believe I did read number one into the record.
Yes, you did, Mr. Chair.
So let's go to our add-on list here.
um mi 2023 002 602 6235 lancaster avenue i vote yes temporary variance expires 4 17 27
and per referral
dated 3-19-24
Thomas Holliman
my vote is yes
with proviso
James Snell my vote is yes
with proviso
number two
MI 2023
excuse me
sorry Mr. Chair
we need Mr. Shahid to vote on that one
because
because Mr. Holloman was not present.
Was Mr. Shahid here?
Ishmael Shahid, my vote is yes with proviso.
Thank you.
So the next vote is myself, Thomas Holloman, and Jim Snell.
MI 2023-006-844-1709 Christian Street, I vote no.
Thomas Holloman, my vote is no.
james snell my vote is no thank you we're going to our regular list we're going to start with
number four mi 2022 006 757 1134 waverly street number two r malgorosata and etchenko are the
owners as a pro se. This application is for use as a visitor accommodation in an existing
structure. The proposed use of visitor accommodation is prohibited in the RSA 5 zoning district.
There's a letter of opposition from Washington Square West Civic Association and a letter
of opposition from Councilmember Squalor.
Malga Razzatop, can you please raise your virtual hands?
they have been promoted to panelists. Thank you. You're welcome.
Good morning.
I did promote.
Looks like we lost them.
They're still in the audience.
The owner for 1134 Waverly Street, please raise your hand again.
Oh, there we go.
Hello?
Good morning.
Could you please say your name?
Good morning.
My name is Margaret Vujicicachichenko, and I can spell my last name.
It's H-I-T-C-Z-E-N-K-O.
right do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do okay our our vice chair has just a few questions for you okay sure
good morning ma'am 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
yes thank you please proceed and share your screen
So it's my turn now?
Am I supposed to?
It's your turn.
Should I present my case?
Yes, please.
Hold on.
You need to put your documents on the screen.
Which is what I sent to you?
All the documents that you have, you have to bring up and show on the screen.
I will try to do that.
I wasn't prepared for that, but okay.
Okay, they are not in one file, so I'm not sure how to do that, quite frankly.
You require from us quite a lot.
I guess I should do sharing the screen.
Share screen, your document should be open, then you push share screen.
Yeah, I have my documents open.
I'm not sure how to do that, quite frankly.
uh i think just because of technical reasons i don't know how to do it so so here's here's
you're going to have to be able to share your screen and show your documents what we're going
to have listen to me okay let me let me uh if you give me a few seconds uh
I'm trying about Zoom.
I don't know.
Join the meeting, upgrade, Zoom.
I don't see the...
Okay, so here's what we're going to have to do.
We're going to have to continue your case.
And I think what you're going to need to do is to have someone,
and you can call our office, and they'll tell you the best they can
on the way you present your documents and the way you do it, okay?
Well, if you give me a moment, let me call.
Who are you?
Who are you calling, ma'am?
I'm calling my son who can help me, you know, but I just, it's not.
Chair, we do have Matthew Reese with their hand up.
i'm not sure if it's um pertaining to this case um just go up and i will um
oh okay ma'am martin can you help me i always want my documents to be i don't know how to
share the screen i don't know what's happening in my country i don't know my way i can do anything
matthew we serve you would it be okay to maybe allow yeah what do we do we're going to come
back to you okay all right thank you yeah i'm not sure i would be able because i okay so what
we're going to do is we're going to come back to you later towards the end of the morning and by
then maybe you could find a way to get that up okay uh miss mr chair i think she has a time
constraint i don't think um she's going to be able to come back um all right so then we're
gonna have to continue the case yeah i don't know where she just uh looks like they're coming back
in um okay i'm not sure who for me we can give them just one last chance to get it in and then
if not we'll continue i i totally agree she's coming back in as a panelist
hi can you hear me this is matthew reese hi we can are you a neighbor mr reese i am and there's
a number of us on the phone today and we've taken time out of our work schedule so we were wondering
if we could provide testimony now and rather than later um you can only provide testimony if we are
able to hear the case today and we're trying to get the applicant to be able to present if she
cannot present we'll have to continue all right understood thank you all right
could you unmute yourself please yes we are unmuted and i believe we pressed the share screen
it that's correct okay and what documents well there are several documents that go to
no can you see your screen or we see your screen but there's no documents okay there's one document
okay could be you know all right so that's the meeting you had scheduled right yeah i guess
Yeah, there are, you know, the documents that I submitted were not in one document, but it told me that it has to be in one document.
I can start opening them.
I mean.
Do you have photos of your location?
Yeah, I have photos of my location.
Let me just.
Why don't you show us the photos?
Okay, okay.
That should be doable.
Let me just go with this.
Oh, no, I had my photos.
okay i'm sorry for that and i'm sorry for the time yeah do you want me to open i want to see
the photos please okay here's one photo uh here's another photo uh miss the photos aren't coming up
no okay well i no you would need to just stop sharing and then reshare uh the photos each time
you click on them stop sharing and now share right okay so you have a photo here
yeah do you want would you like to see more photos so i i don't see any photos ma'am
and yeah okay well i don't know i also cannot do that too long okay so so i i know listen to me
listen to me before you go away i'm listening to you we're going to have to continue your case
okay okay all right all right so mi 2022 006 says 757 1134 waverly street
Number two are, cases continued, Mark must be heard.
Thank you, ma'am.
Thank you.
Number three, MI 2022-001-391-521-Haverford Avenue.
Fern Anastasio is the attorney.
We do not have an RCO letter at this point, but there was a meeting held 8-2-23 by the 44th Ward RCO.
Vern Anastasio has been promoted.
Good morning, counsel.
Good morning, Mr. Chair.
Could you state your name, please, and spell for the court stenographer?
Yeah, sure. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, representing Mr. Kester Osuji, who's the owner of the property in question.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has a few questions.
Thank you.
Good morning, counsel. Do you agree to wait to read another refusal or stipulate towards accuracy?
Yes, sir.
Have you emailed in all the required documents and exhibits that is needed and required to proceed for this case?
Yes, sir.
Thank you. Please proceed.
Thank you.
The chair members of the board, 5221 Haverford Avenue is a former commercial mixed use property that has had a vacant first floor for quite some time.
Our application is for a sit-down restaurant at the first floor with an existing two dwelling units above.
The property is refused because it is currently in an RSA 5 block, although there is no history of the property ever being.
block although it's there is no history of the property ever being a single family home
I submit to you in my exhibit binder which is 71 pages of exhibits a very long history
of commercial mixed use on the property itself
and here is the layout you've got the front of the building of the commercial space would be for
tables and chairs and then we have the back of the house as well and then of
course with their two existing units on the second floor
let's take a look at the photos of the property as you can see there's a lot of
vacancy on the on the block this property almost stands by itself on this
side of the block but it is in an area that's uh at least high auto traffic and my client who would
be occupying one of the units uh does believe that he'll be able to uh attract the uh the customers
for this restaurant
where it would be open seven days a week
serving a lunch and dinner.
Here's the rear of the property.
Property is in pretty tough shape,
so he would in fact like to rehab it as well.
We did meet with the local community organization.
It was sparsely attended, but we did, in fact, mail to 86 individual households.
Here's a proof of posting on the property.
And here's the history that I spoke of, where it has been a long history of commercial mixed use.
with commercial on the first floor.
It was a tap room.
It was a cafe.
It was a restaurant at one point,
and it always had the two family dwelling above.
And this use goes back to 1935.
It was actually a nightclub at one point.
So I move all of this into evidence,
All 71 pages. And because of the history, documented history of commercial mixed use and because of my client's interest in rehabilitating a parcel that otherwise very distressed block, which is adjacent to CMX2 uses, I respectfully ask that the board grant this variance.
And with that, if Mr. Kester Osuji could raise his virtual hand, I'd like to get him on the record.
i see no one with that hand raised i just have a hand raised by the name of willie jordan
oh there's kester osui i will allow to speak thank you you're welcome
good morning sir could you please state your name and spell for the court stenographer
kester osuji can you please unmute yourself okay yeah my name is kester osuji
please spell it for the court stenographer sir it's k-e-s-t-e-r and it's spelled and the last
name is spelled o-s-u-j-i you swear or affirm to tell the truth the whole truth and nothing but
the truth i do please proceed counsel thank you mr chair mr osuji did you hear my presentation
to the board this morning yes is it true and accurate to the best of your knowledge
yes it is do you adopt it as your own testimony yes do you agree to a complete rehabilitation
of the exterior of the property as well as well as lighting cameras for security
and commercial trash pickup yes i do thank you questions from the board no mr chairman
no chair questions or comments from our attorney hillary emerson
um mr anastasio can you just verify mr osuji is um part of the new link properties llc which is
the listed owner that we have for the city he is a member yes okay thank you yep questions
or comments from the virtual audience yes willie jordan has a hand up and i will allow to speak
Yes, Willie Jordan has a hand up, and I will allow to speak.
Good morning.
Good morning, sir. Could you please state your name and spell for the court stenographer?
Yes, good morning, Chairman. Willie Jordan, J-O-R-D-A-N.
You swear or affirm the whole truth, nothing but the truth?
Are you a neighbor?
I am the coordinator for the 44th Ward RCO.
Thank you. Please proceed, sir.
Yes, we had a meeting with the developer and the attorney, had extensive discussion. We had concerns on how the inside, also the exterior, was presented to us. We were supposed to have a follow-up meeting and we never heard back from them.
We gave them our concerns, and they were supposed to follow up back with us, and we haven't heard anything from them.
So we're asking you to continue so they can come back in front of the community.
Mr. Chair, that wasn't my recollection.
However, if you would care to have a resumption hearing, if my client would still like us to come back with more detail, we're certainly open to that pending a letter from the RCO.
So, but I'm not quite sure what the concerns are,
but of course we want to take them seriously.
Why don't I, is there anyone else in the virtual audience?
There are no, oh yes, Chair,
a hand went up by the name of Michael Johns
and I will allow him to speak.
Good morning, sir.
Could you please state your name
and spell for the court stenographer?
Yes, good morning, Michael Johns, M-I-C-H-A-E-L-J-O-H-N-S.
near neighbor. All right. Do you swear or affirm to tell the truth, the whole truth and nothing
but the truth? Yes, I do. Please proceed, sir. Yes. I was at that meeting and we did request
additional information. There were some concerns because there was a third story building and the
third floor had collapsed at one time. And so they had to take it off. So now it's a second,
it's just two stories. So we had a lot of concerns just around the building itself. And they were
as opposed to come back with more information, what type of restaurant, et cetera, et cetera, et cetera.
Okay. All right. Sure. Okay. Thank you, sir. Is there anyone else in the virtual audience?
There are no hands, Chair.
Planning Commission.
Good morning, Chair. Jonathan Goins, City Planning Commission staff.
First name, Jonathan, J-O-N-A-T-H-A-N. Last name, Goins, G-O-I-N-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
However, the proposed use is consistent with the documented historical use and the existing layout of the property.
So the City Planning Commission recommends the board grant the use variances.
So, Vern, we're going to hold the vote on this?
We're going to close the record other than information from the RCO, a chance for you to respond, and then a chance for the public to respond where we stand.
But the record is basically closed.
Thank you very much.
All right.
Hillary, is that okay?
So, Mr. Terry, do you want to do a resumption hearing?
Well, I mean, I would think if he goes back to the RCO and we get an RCO letter, I don't think there's much more we would need other than the RCO and his response to the RCO letter.
And we took public testimony today.
So I don't think we need to do further public testimony.
We have planning's recommendation.
So we'll just, like you said, close the record and hold the vote for receipt of the RCO letter and response from the applicant.
Thank you very much. Thank you, counsel. Number five, MI 2023-000-631-2326 North Park.
Devin Ekata is the attorney for the owner.
He has been promoted to panel this year.
Good morning, sir.
Could you please state your name and spell for the court sonographer?
Can you hear me?
I can.
Please state your name and spell for the court sonographer.
Devin Uqda.
D-E-V-I-N-U-Q-D-A-A.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, chair. Could you turn your video in, please? Yeah, chair, just one second. I had to run to the restroom so I had got up because I was about to run. Could I go after the next person?
I had to run to the restroom so I had got up because I was about to run.
Could I go at the next person?
Well, I'll tell you what I'll do is we'll go to the next one,
then we'll come back to you, okay?
Thanks.
I appreciate it.
Number seven, MI20230025692036 to 48 North 2nd Street.
John Griffin is the attorney.
I'm searching for John Griffin now, too.
And I do not see a John Griffin in the audience.
He's under Jake Griffin.
He's been promoted to panelists.
Thank you.
Good morning, counsel.
chair can you hear me i can okay could you please state your name and spell for the
court stenographer yes it's uh john griffin g-r-i-f-f-i-n chair i i have this matter and
Hold on. Hold on a minute. You swear or affirm to tell the truth, the whole truth and nothing but the truth.
I do. OK, you have this case and then you have a second one.
I do, chair. And so let's talk about this case first.
Yes. We do not have an RCO letter, is that right?
That that is correct. But there was a meeting.
There were two meetings. OK. And we don't have deeds.
Am I right? For 2036, 2038, and 2040 North 2nd?
We have some deeds. We do not have all of them, correct?
Right. And we're also waiting for tax compliance. There may be taxes owned. Am I correct?
We're waiting for the clearance. My understanding is that there are no taxes owed.
All right. Hillary, we set the move on this?
um i mean we have proof that the the meetings occurred but we would not be able to vote until
we had the rest of the deeds as well as proof of tax compliance okay all right mr griffin you ready
to go on this one chairman i'll do whatever you want i i can move and then ask for it to be held
or i i'm a team player we submitted all documents yesterday so why don't why don't we do this why
don't we hear this case let's and then if we have to we'll hold it very well
may i uh may i begin yeah please and and chairman we're talking about 229-39 north
second street that's the one we're going to deal with right now i have 2036 to 48 north
second street okay so we're going to deal with what what what i have referred to in my packets
as the uh companion case uh so that case uh uh mr bergman involves a property that is across the
street from the why don't you share your screen counsel okay i have uh i have this up uh i guess
if i can just uh uh do this i'm going to need to uh
there it's coming up yeah i'm going to need to now just if you don't mind um i've got to get
into my other screen that deals with the case that's up okay why don't you do that okay
Okay, now, we're looking for 2036 to 48, right?
Okay, that's it.
Now I just have to get you back.
well we see you and we see this documents yeah unfortunately i don't see you so if you don't
mind i'll just uh you want to want to present your case okay so on on this one as we said uh
we are seeking a uh use variance for a non-accessory surface parking lot in conjunction
with the property across the street so in short uh this particular uh area right there is
essentially a parking lot uh it has you know mr griffin it might mr griffin it might be
easier if you show us a photo of the park line do you have photos i i do you know why don't you
show some photos and that way we'll be able to see okay i'm uh i'm circling down now and uh
okay can you see that i do okay so so that is a picture of the parking lot now what you see
right there are various paratransit vans which the current owners uh uh oh they they own a
paratransit company and they they park their vehicles in there. What's being proposed is that
that essentially be a parking area for customers that will come to the other side of the street,
OK, which is going to be a a food truck business.
The office to this paratransit company is the other part of the case across the street.
And what we would do is put a kiosk in there for parking.
Now, to the left of this photo where I'm showing my cursor is a high rise, fairly new residential apartment complex.
And there are a number of them that are sort of in the proposal package going up.
So this would afford people that would come to the parking to the food trucks and allow for a space for parking.
Now, we met twice with the RCO, and these proposals were very well met.
Now, to be completely candid, there was one representative in the audience who wanted not in this area to have a kiosk, just like you see on the parking streets in Philadelphia, but wanted perhaps a live person there monitoring the cars and the traffic.
We respectfully said that's not necessary, but we don't think that's the RCO's position.
But I just wanted to be as candid with this board as I possibly can.
But we met twice and there was no real opposition.
This is a closer view of this so you can get an idea.
Now, coming back here, plans, and they've already been approved essentially, is to beautify this. It would not look like this. There would be new fencing. There would be signage. So there would be a beautification of the place.
Because this is a bit of a rundown area that I think everybody in the community, certainly the high rise developers, are really targeting to try and make this a very attractive area.
we could tell from the RCO meeting, there were just a number of people there that were very
interested that went across the board, residents, professionals. There were two, I believe,
district attorneys that are living in this area. So the concept is to really try and beautify
this area and continue with its gentrification. Here is another little bit more of an expansive
view where the cursor is, is that high rise, is that high rise complex that I believe is only a
matter of few years old. Here are the zoning notices that were properly posted 21 days
in advance.
In advance. So what we're looking to do is have this use permit restored essentially to the previous use of the property.
So what we're looking to do
On March 14th of 2019, the L&I had issued a use permit number 941-491 for the same use that we're essentially shooting for in this appeal.
Uh, and, and again, this is essentially to go, uh, hand in hand with the property that would be directly adjacent to it. Um, and we would ask for that to sort of be approved.
If we if we sort of quickly scroll back and then we move kind of forward a little bit, we have the notice of refusal and we have site plans that were put together by an architect that would sort of design this.
talk about the posting uh when i say posting i mean the fencing and the area and and then ideally
uh what we would do is uh put a kiosk in there that monitors the parking and uh if they're
infractions there would probably be an employee um that would monitor that and and just like
anything else, you know, target the ticketing if necessary of people who expand that. Primarily,
the parking will be literally a half hour to 45 minutes that will be allowed. That will be free
parking so that the people that patronize the food trucks will be able to park not on the city
Street, go in, get their food, perhaps eat it there if they wished, and then move out. And
during that period of time, we're targeting roughly 45 minutes that they would not have to pay for any
fees. The reality is, though, when the parking trucks are finished for the day, or they're not
open on a particular day, there's going to be people who want to use that parking facility,
perhaps people that are guests of that next door complex. And that's where people will
essentially pay for their parking. So we've gone through that, the deeds that I'm sort of
quickly scrolling through that are in place. And again, it's a companion to
uh uh next stores so frankly i i guess they are different but really one does go hand in hand
with the other and um and at the proper time uh i can why don't why don't we handle this case first
and i think we can handle the other one a little quicker because we know where you stand
so let me ask you this do you have your client here uh in the audience i i know that he's on
Okay, why don't we have your testimony adopted for this case?
Yes, sir.
What's his name?
Hector Vicente.
Okay, Hector?
Hector Vicente is allowed to speak.
Good morning, sir.
Could you please state your name and spell for the court stenographer?
Hector Vicente, can you please unmute yourself?
He's there. He's just muted.
Okay. Could you unmute yourself, please, sir?
He just unmuted.
hi could you state your name please and spell for the court stenographer yes my name is hector
l vicente last name v-i-c-e-n-t-y right do you swear or affirm tell the truth the whole truth
nothing but the truth yes receive counsel hector uh good morning can you hear me i can hear you
yes sir hector were you able to hear my presentation to the board yes and did you
hear exactly what I said and how this matter was presented? Yes. What I said was that accurate to
the best of your understanding? Yes. If I was to assume that you were to testify, would you have
testified in accordance with exactly what I spoke with? Yes. Do you adopt my testimony?
what i spoke with yes do you adopt my testimony uh in this hearing as if it was your own
yes i have no further questions thank you questions from the board
no mr chairman no chair no chair questions or comments from our attorney hillary ramson
um i just wanted to verify mr griffin um there in addition to the abuse there's also
a fence that's proposed. I see there's an existing fence, but I understood from the refusal there's
a new fence that's proposed, and that's also generating a refusal. That's correct. And if I
could just very briefly, Hillary, thank you so much. Hector, if you can hear me, just if you
could briefly describe what your proposal is for this fencing, if you can see my screen here.
yes the proposal for the fencing is to to put to rip down that fence and to put one um
i think it's like a fence um five feet that's the max five to six feet that's the max we can put up
now and put in more of an iron gate type of fence but a lot more eye appeal for the for for the
exterior and um and and it will be done according to to what the streets department asked for so
So, yeah, the fence is definitely going to be, you know, Ryan R and it's going to look very nice.
And and Hector, if this board approves this project of yours, you'd be ready to move forward on that fencing, correct?
Yes. Yes. Yes. OK. Thank you, sir.
Hillary, anything else? I know that was all. Thank you.
All right. Questions or comments? Questions or comments for the virtual audience?
yes chair i have a hand up from sloan folks and he will be allowed to speak
good morning mr folks good morning chairman bergman uh am i audible can you hear me
you're most certainly thank you very much you state your name and spell it please
yes uh good morning chair board and attendees my name is sloan folks i represent the office
of Councilmember Ketchal-Lazada, 7th District.
My spelling is S-L-O-A-N-E, F-S, and fire, O-L-K-S.
All right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
I do so swear.
Yes, you're handling the cases separately, but my comments are basically for both cases
together.
Thank you very much.
I want to be sure that they can be accepted for both cases.
Yes, it can.
So I did just forward to Hillary and the rest of the other emails addressed, PCPC, as well as Ms. Tanya Sunken, a letter that we received on April 9th from North Square Community Alliance regarding this zoning variance application.
And the variance application, the letter does state that the applicant did meet for the community on Tuesday, October 10th, that may have been the first or the second, where the owner and applicant presented schematic drawings and details of the project.
the owner applicant uh as detailed in the letter did discuss the application uh for uh the permanent
placement of four food trucks uh for us to take our restaurant commissary and catering services
within the tax structure and this case right now we're discussing the creation of five parking
uh five parking spaces uh across the street uh as the attorney did not act accurately present
But the project was well supported by the community as stated in the letter.
But there were some lingering questions regarding documentation and planning, which is stated in the letter.
And again, they circled back to discuss their overall support of the project.
But in their letter, they state they did not reach agreement.
And they were looking for a secondary follow-up discussion with the attorney.
I say these things because our office just just submitted and had an ordinance approved by the mayor that that bans mobile vending in the 54th Ward of the 7th District.
That's ordinance number two four zero zero one four.
What we would like to see is a letter that states community support so that there is there's no question that mobile vending is supported in this district unwaveringly and without question so that we don't have to so that our office is not required to create another ordinance that would.
SO THAT OUR OFFICE IS NOT REQUIRED TO CREATE ANOTHER ORDINANCE THAT WOULD DETER MOBILE VENDING
AND THESE TYPES OF OPPORTUNITIES FOR ENTRECENORS IN ANOTHER PART OF OUR DISTRICT.
SO ACTUALLY WHAT WE'RE REQUESTING IS THAT THE CASE REMAIN OPEN UNTIL A LETTER OR A LETTER FROM
THE COMMUNITY CAN BE SENT JUST VERIFYING THAT THEY DID HAVE A FOLLOW-UP MEETING AND THEY'RE
my board with the project. Finally, we would request that the variance be for only two years
to ensure the viability of the project. Initially, we know there could be some concerns regarding
parking noise, other issues. We want to be sure that the plan that the applicant has is viable
and it is that disruptive to the community. Thank you very much for your time.
Thank you. Is there anyone else in the VRT's audience?
No hands, Chair.
Planning Commission.
Good morning, Chair. Again, Jonathan Goins, Planning Commission staff.
The comprehensive plan recommends no change to the commercial mixed-use zoning at this location.
The proposed use, non-accessory parking is prohibited.
The accessory parking use is pre-existing, the drive-on variance is minimal, and Commission staff don't feel the shift to non-accessory parking will have a detrimental impact at this location.
The City Planning Commission recommends the Board grant both the use and dimensional variances.
Thank you very much.
We're going to hold the vote on this, Counsel?
Yes, sir.
We're going to hold the vote on this for a letter from the RCO.
the appropriate completion of all the deeds and also we're waiting on the
tax compliance for both for the property okay um and hillary we can close on this other than
what we hear from the from the uh the zoning board right i mean yes we hear from the community
Right. So I would just add for additional input from the RCO, the council office may wish to to weigh in once the RCO weighs in again.
And then the additional documentation that you mentioned to complete the file.
And otherwise, the record is closed. Thank you.
Thank you, Mr. Griffin. We're going to we're going to call the other one.
I think we have a lot of issues with it. I'll let you give us a general issue.
issue wealth that we're going to do the same thing so mi mi 2023 002 572 2029 to 39 north
second street mr griffin would you uh just give us a uh a general overview of what you're going
to do here shows the photos of that lot and then we're going to move on okay very well uh commissioner
Can you see my screen shared?
So now we're focusing on the 2029-59.
In this matter, we're seeking not as much a variance as a special exception for four food trucks, a commissary kitchen within an existing one-story building.
And essentially, that's what we're looking to accomplish.
Let me just show us the photos, Mr.
Yes, let me fast forward a little bit to you.
And again, this is a companion with the matter we had just heard.
some deeds are longer than others.
All right.
So this is directly across the street from what we just saw.
So if you were coming down the street, if you made a right,
you would go into that parking lot.
If you made a left, you'd go into this.
This right here is an office building that currently is sort of nerve central
for the paratransit business that is directly across the street where the trucks are.
So this is the business, and then across the street is where the trucks.
This area would be asked to allow for four food trucks.
Those food trucks would not be owned by the owner, but they have to be approved by him
But they have to be approved by him so that he can get the property proper variety of food trucks that he would seek in this building, which he is eventually going to move his complex to another area of the city would be a food prep area so that the food trucks, when they come in, what might be allowed to prepare the food here.
so that he can get the property.
heat it up, take stuff out of refrigerators, that kind of thing, and allow for the flow.
There would very likely be in this area just some outdoor seating, allow for people to
sort of kind of have some fun mingling, for lack of a better way of putting it,
allow for a temporary free parking time so they don't have to pay money to come into this area.
allow them to come in do what they have to do and then after a certain of time they've got to either
pay for it i think you've already explained you explained that to us we understand it uh this is
the front of that the current name of the business is reliable transit so back in this area if you
could see my cursor that we had previously seen that's where the uh food commissary kitchen would
be. Uh, this is evidence of the posting that occurred, uh, I think it was about 24, 25 days
ago. Uh, also again, notice of that posting. So, so essentially what we're looking to do in this
case is create, um, a special exception to allow that, uh, for the food trucks and essentially
the commissary kitchen uh we're not looking to do uh anything else uh other than create some
additional parking there which would allow for an additional parking space of five spaces but
hopefully if this kind of business takes off and we feed off of the area that's why we're
absolutely going to need the property across the street to go hand in hand all right well so one
Why don't you do this? Why don't you have your client come on again? He's already been sworn.
Adopt your testimony. Then we're going to do the same thing with this case as we do with the dealer.
So bring your client on. Yes. Hector, can you hear me?
Hector Vicente is allowed to speak. Okay. Hector, can you hear me? Yes, I can hear you.
Okay, Hector, just state your name for the record. You've already been sworn.
Hector L. Vicente, last name spelled V-I-C-E-N-T-Y.
Thank you. Mr. Griffin, proceed.
Hector, did you just hear my presentation on 2029-39 North 2nd Street?
Yes, sir.
And you are, in fact, the owner, correct?
Yes, sir.
And what was my presentation to the board? Not only honest, but indeed accurate. Yes, sir. If you were to assume, or if we were to assume that you had testified in exact accordance with the way I presented the matter, would that be accurate? Yes, sir.
Do you adopt my testimony in its entirety as if it was your own under oath? Yes, sir. Thank you, sir.
questions from the board no mr chair no question chair questions or comments from our attorney
um just briefly mr chair mr griffin is there a new fence proposed for this case as well
um so i didn't see it listed on the refusal and i was a little unclear from the plans if there
was a new fence or not hillary if i uh if i may just uh hector can you still hear me
yes i can okay hector did you hear miss emerson's question about the fencing here
yes uh and i don't honestly know so please tell us is there a proposal on doing anything with
this fencing or or do you deem it to be sufficient no no all the fencing will be replaced okay just
briefly if you could tell us what you plan on this right here well i think we're going to be putting
a six six foot fence i say i think because um i think that the max height what the city wants to
see now is is five it's five or six whatever is the max height we can that the streets department
let us do that's what we'll be doing but it'll be again um the same style across the street will be
galvanized one by one
um metal piping not that fence um piping that we see there it will be a lot of um probably
metal piping
not that fence piping
that we see there
appealing to the eye and and if the board approves this as i asked you earlier you're
ready to move forward am i correct yes we're ready to move forward but we thank you sir
tonight can i just ask one clarifying question um mr vicente was the new fencing included
on specifically included on the plan and in your application for this case yes it was okay all right
do you know how many feet were put into the put in the plan six feet six feet okay and it would
it would be less than 50 percent opaque presumably if it was like an iron wrought iron fencing yes
okay all right so then it i just want to note that it does appear that a refusal was then missed for
the height of the fence because i believe it can only be four feet at the front of the property
um so i just i wanted to note that and that if the board does you know grant this we would also be
granting a variance for the fence height we we would thank you whatever the the prescription
is we would follow okay thank you thank you questions or comments part of my presentation
all right questions or comments from the virtual audience
there are no hands here planning commission
good morning uh jonathan goins planning commission staff the comprehensive plan
recommends no change to the commercial mixed-use zoning at this location the proposed takeout
restaurant use shouldn't have a detrimental impact beyond what would reasonably be expected
from this use at this location the city planning commission recommends the board grant the special
exception. Thank you. So this case will also be held similar to the other case. We're waiting on
the RCO tax compliance. And other than that, the record will be closed. Am I correct, Hillary?
Yes, it's proof of tax compliance, updated RCO letter, and if the council office would like to
submit a letter as well. All right. Thank you, counsel. Sir, may I be excused? You can. Hillary,
thank you for your courtesy you're welcome i'm going to go back to number five mi2023 000 631
2326 north park avenue devin ukta will be promoted to you okay
good morning good morning sir i think i did i swear you in earlier
yes yes you did okay i did all right and thank you so could you identify your client
relationship to the property yes my client is self inc um they are on the call it's a non-profit
it and our vice chair our our vice chair has a few questions for you sir good morning counsel do
you agree to waive the reading of the refusal or stipulate to his accuracy yes 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 yes thank you counsel please proceed and share your screen
are you able to see my screen we are sir um so this is um council for south inc the property
is 2326 North Park Avenue.
So what we have here is the D for South Inc.
They were deeded to the property in 2013.
This is the area surrounding South Inc.
And where it's located at in North Philadelphia
on the east side of Broad Street
between York and Dauphin.
This is a letter of referral.
The property will be used for a group housing.
Please note on that letter of referral,
there is a variance that were given in 1995 and also in 1994.
There's a picture of the property inside the property.
The back of the property was dumpsters.
This is a prior variant for the property from 1995.
And notice that the appeal notes that it was for a group housing.
The meeting was held for the community on May 18th, 2023 by my partner, I took over the
case for.
and here is a letter of support from the community upon the meeting
I don't have any meeting and here is a picture of the posting
um that concludes my presentation um that council council that vote was 22 to zero
in favor yes okay thank you why don't you bring your client on um let's see if she's in there
dr dash or representative from self are you on the call
did you say dr dash yes okay
Yes, she's in the audience. I will allow her to speak.
Good morning. Could you please state your name and spell for the court stenographer?
Good morning. My name is Sharlana Dash, S-H-I-R-L-A-N-A. My last name is Dash, D-A-S-H.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Dr. Dash, did you hear my testimony?
Yes, I did.
Do you affirm that it was accurate and representative of what had occurred?
Yes, sir, I did.
And do you adopt my testimony?
Yes, I do.
Thank you, Dr. Dash.
Questions from the board?
No, Chair.
No, Mr. Chairman.
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, Chair.
Planning Commission?
Jonathan Goins, City Planning Commission staff.
The comprehensive plan recommends no change to the residential multifamily zoning at this location.
The proposed use of personal care home requires a special exception.
This use shouldn't cause detrimental impacts beyond what would normally be expected from this use in this location.
Therefore, City Planning Commission recommends the board grant the special exception for a personal care home.
Thank you.
So MI 2023-000631-2326 North Park Avenue, I vote yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you, counsel.
Thank you.
Okay, so number 10, MI 2023-002-587-525 West Roosevelt Boulevard.
Douglas Stern is the attorney.
There's a recommendation of support from the Logan Civic Association.
Douglas Stern has been promoted.
Good morning, sir.
Could you please state your name and spell for the court stenographer?
Good morning.
Good morning, Mr. Stern.
could you please state your name and spell for the court stenographer?
Douglas Stern, D-O-U-G-L-A-S Stern, S-T-E-R-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and the relationship to this property?
It's Francisco Rojas, owner.
Thank you.
And our vice chair has a few questions for you, sir.
Good morning, counsel.
do you agree to wait the reading of the refusal or stipulate to its adequacy?
Yes. 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? Yes. Thank you. Please
proceed and you have already shared your screen. Yes. So good morning. 525 West Roosevelt.
Yes. So, good morning. 525 West Roosevelt Boulevard, we're applying to have it zoned for a duplex or multifamily. It's currently zoned single-family, and I'm just going to go down my exhibit. So, that's the permit, the refusal, stating that it's RS5 single, appeal documents,
The deed showing it's in Mr. Rojas' name since 2018.
Tax clearance, picture of the zoning notice, 525.
Notice of the meeting for the RCO, meeting summary form for the RCO that they're in support.
Proof of mailing to everybody before the meeting.
Floor plans.
So basically, you're going to see it's basically two units.
You have a first floor.
This is sort of upside down.
You have a, well, that would be basement, first floor, second floor.
And the second floor also has another, let's say, second floor to that.
So it's two rooms or units in the second floor.
These are two bedrooms in the first floor.
They're all in the back, and you'll see the pictures in a second.
That's the OPA information printout on the property.
And before I get to the pictures, just wanted to show you that there are other duplexes or multi-units on the same block.
I just printed those out.
We have a pen that there's at least four all in the 500 block of West Roosevelt.
So here it is, typical row home, that's the front of the property, and this is what would happen if you came in, it's sort of a porch area, and then you'd have one of the units, doors goes upstairs to the second floor, one to the first, you come in, it's the hallway in the first, it's the open room, living room, kitchen.
Mr. Stern, this is already set up as a duplex?
He did renovations.
He had – just having the two doors is basically what happened.
He did renovate it.
He had family living there, so it would be occupied.
He could get insurance.
But now it's sort of just vacant, waiting to see if we can have it approved for it.
But there is nobody – it's not being used as a duplex.
All right, thank you.
Used as the single, but sort of just –
And then utilities are separated?
Yeah, they now have two separate utilities.
They have gas.
I mean, if you have water heaters and electric are separate, but the water is still goes like duplexes, but that can be split, you know, or the first floor, just typical bedrooms.
And the second floor is sort of the same, same sort of setups with the kitchen and everything they would have there.
And this is like the little second floor and the third.
When you go to the second floor, you come up, and then there's another little apartment with another little small bathroom upstairs.
And that's basically it.
Why don't we have your client adopt your testimony?
Okay, so they're sitting next to me.
I'm going to move over.
Mr. Rojas, could you state your name and spell, please, for the court stenographer?
Francisco Taveras Rojas is F-R-A-N-C-I-S-C-O-T-A-D-E-R-A-S.
Rojas is R-O-G-A-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
please proceed counsel okay Mr. Rojas you just heard my presentation
for the facts that I just cited true and correct yes
okay and if you were to testify today would you adopt everything I just
said is true and correct okay thank you
and Mr. Stern my remembrance
that was a unanimous vote in favor of this from
yes it was all right thank you questions from the board
no mr chairman no chair no chair questions or comments from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
there are no hands chair planning commission
jonathan goins philadelphia city planning commission staff the comprehensive plan recommends
no change to the residential single-family zoning at this location.
The property, though, is currently configured as a two-family dwelling,
and the City Planning Commission recommends the board grant the use of the variance.
Thank you. MI 2023-002-587-525 West Roseville Boulevard, I vote yes.
Thank you. MI 2023-002-587-525.
Thomas Holliman, my vote is yes. James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you, counsel.
Thank you.
Number 12, MI 2023-002-622, 238 North 53rd Street, Richard DeMarco is the attorney.
We have no RCO letter at this point, but there was a meeting held April 11th, 2024, by the 44th Ward Democratic.
Council Member Gauthier is not taking a position on this at this time.
Richard DeMarco has been promoted.
Good morning, Mr. DeMarco.
Good morning, Mr. Chairman.
Could you state your name, please, and spell for the court stenographer?
Richard DeMarco, last name spelled D-E-M-A-R-C-O.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client, the relationship to this property?
My client is the owner, D-H-I Holdings, LLC.
Client is Molly Mendenhall, who is a member of the LLC.
say. Okay, and our vice chair has just a few questions, sir. Sure. Good morning,
counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
I can waive the reading. I can't stipulate, and I'll explain during our presentation.
That's fair. Have you emailed then all the required documents and exhibits that
is needed to proceed with this case five days in advance of this hearing?
I did email the exhibits five days in advance. The tax clearance issue was resolved yesterday.
okay all right please proceed and share your screen thank you Mr. Chairman um there is an
RCO letter Mr. Chairman I um I don't know if that made it to your files uh there there was
opposition I I want to be clear that we um we did expect that we would at least come to some
sort of an agreement. I'll get into that as we go. So I'm putting up on my screen the property.
The property is on the left here. I did want to get the board an idea of what we're dealing with.
The reason why, let me just why I can't stipulate. So this property, as you can see, it's laid out
as a funeral parlor. We're here today for a variance for a funeral parlor. And there's a
residential use above on the second and third floor. Let me go to the refusal. So the
property is now zoned RSA 3, but the permits for the funeral parlor date back to the 1940s. We're
actually talking about a 70 to 80 year history of the operation of a funeral home at this structure,
at this site. The refusal doesn't mention the long history. It probably should have.
And before I forget, I do want to defer to Hillary on one point. One of the objections by the RCO
was the residential use above the business on the second and third story. I did not think that I
needed to do a proviso form, but I'm happy to provide that if Hillary thinks it's required.
The reason being, we are fine with not having residential use above the business.
That was, the RCO was very adamant about that. We're fine with either a proviso
of no residential use above the business from the zoning board, or I could submit a proviso form if
that's required. The site plan actually doesn't, it's late, there's no change to the layout of the
structure. We are merely rehabbing the existing building, and I'll get to why the rehab is
required in a moment. But the reason why I can't stipulate, Mr. Chairman and members of the board
and Hillary, this is clearly a pre-existing non-conforming use. The use was legal when it
began in the 1940s. Later in the presentation, I'll show you the zoning folder documents that
show that this was a commercially zoned property. The zoning was changed to RSA 3. Why that was done
at this location, I don't know. The property has always been a funeral parlor business.
And the zoning classification, it really itself presents a hardship. So the reason I can't
stipulate, Mr. Chairman, is, as you'll see from our testimony, there was a period of vacancy,
but we are certainly not agreeable that there's been an abandonment of the non-conforming use.
As a matter of fact, when my client took over this property, took over ownership a few years
When my client took over this property, took over ownership a few years ago, she immediately
began the process of rehabbing the structure.
We had to evict squatters from the structure.
The prior owner was a very bad actor.
And I understand the RCO's frustration with the prior operation of this business.
There were some terrible issues that went on there.
But that is not us.
That conduct is not attributable to my client. My client wants to clean this up, make it nice again, make it operate. You're going to hear from Erica Hall, who is a local business person, very successful, very motivated, has a plan for redoing this. We have a mortician lined up, and I'll get into that as we go.
So let me show you some photos. So that's why I can't stipulate, Mr. Chairman. We are in the alternative. If you don't agree that it's a pre-existing non-conforming use, we're clearly entitled to the variance. When I show you these photos and the history of this property, you'll understand why there is a clear and unnecessary hardship entitling us to the variances.
All right, so photos. You can see, this is the current state of the structure. I have to keep the sidebar up on the left so I can easily show you. There's a lot of stuff to show you today. So as you can see, it's a funeral parlor.
um we did post the property there's some deterioration that's going on but when you
see the inside you'll see where the real real deterioration is uh there is rear a space in the
rear for the hearses and for um you know handicapped accessibility there's a an existing
handicap ramp that will need to be updated uh there were concerns raised about that at the
meeting. We are happy to rehab, rehabilitate that handicapped accessibility ramp, make it code
compliant. This is the structure. Oh, and let me show you. So parking was a concern. Let me go back
to this. There are on-street parking. Vine Street runs this way, as I'm indicating with the cursor.
There is on-street parking. There's not a ton of room for parking on the property for the funeral
services and whatnot. But there is some on-street parking available. And like I said, this property
has always operated as a funeral parlor. When I get into the testimony, we're going to present
our plan for trying to keep, we'll do our best to keep people out of the residential neighborhoods.
There are some residential neighborhoods nearby, but Vine Street is a predominantly commercial
area. It's a mix. There are some residential homes as well, but it's a mix.
You know, that's the property in the rear. So here's the layout. Again, Mr. Chairman, no change to the layout other than rehabilitating it and renovating it.
There was a concern from the RCO about an increase in in the services. That's where there's no change to the structure. It's going to be laid out exactly as it was in the past.
This is the floor plan. There's an embalming room here. And this is the services area. It looks large. We're not increasing seating. I mean, it's just exactly what it was in the past.
The proposal, because the RCO was upset about having the residential unit above, we are agreeable to having the upstairs being accessory to the business.
Offices, storage, security room, we're going to have state-of-the-art security here, offices, and there's a lounge for the employees, and there's a kitchen for the employees.
But we are fine with whatever Hillary wants to do as far as a proviso, or we can do a revised site plan. These are the floor plans. I'll show you the site plan in a moment. Happy to do it in whatever way procedurally is necessary, should the board require it.
This is the site plan. This is the handicap ramp. Hopefully you can see that. I'm circling it. It may need to be updated. We will do that during the building phase of the project.
um that's existing conditions now let me show you some photos mr chairman i need you to see how
the prior owner absolutely trashed this structure uh and again we are uh we are sorry that the
neighbors had to deal with a very uh bad actor prior to us but this my client is looking to
completely renovate this. You can see rotted out walls, holes in walls, holes in ceilings,
debris everywhere. My client is already into this property in the tens of thousands.
Debris everywhere. My client is already into this property in the tens of thousands of dollars.
You can see how catastrophic the treatment of this building was in the past.
We had to do cleanups. We had to do an eviction process to get squatters out of the structure.
There were drugs. Drug power familiar was left in the building.
Needs to be completely gutted to the tune of tens of thousands of dollars.
There's old electrical that's not in very good shape, has to be all redone and renovated.
And that's the intent, to make it beautiful again, to make it operate as a nice funeral parlor.
You'll hear Erica Hall, who's our funeral, who will be the CEO of the new business, will be sensitive to Muslim burial practices and will serve the Muslim community in addition to other religions.
There is a high demand.
You'll hear her testify for Muslim-sensitive services, and we will provide that.
All right, so let me just quickly show you the – you can see what we're dealing with here.
Holes in the ceilings, water damage, water running in throughout the property.
The property itself presents a hardship along with the single-family zoning classification as well.
I'll present testimony.
You can see a hole in the bathroom here.
Anyway, let me show you the prior zoning permits.
So you can see that this is a pre-existing non-conforming.
Oh, I'm in the wrong scan.
Sorry.
Oh, this is just a concept.
We're going to put new awnings on the windows and a new main awning over the main entrance.
This is just a concept.
the neighbors wanted to see something. We're going to update the landscaping, et cetera.
We did have two meetings on Zoom. We did the mailings for both.
And let me, here's one of the certificates. Now let me show you the old zoning folder. So here
you see, Mr. Chairman, up, sorry, let me get this right here. Upping this up. So this is, okay,
Okay. This is the 77. It says R5 here, which is actually a multifamily designation.
That's also been changed. It's no longer multifamily. This was some work that was
needed, a deck, it looks like. But as we go back in time, oh, and Kimball, this is the prior owner
that was a real problem. My client will testify that we purchased this property at sheriff's sale.
They stopped paying the taxes, and eventually my clients were willing to take on this project.
There's the layout.
I want to get to the 1940s.
Now, you see here, pre-code use, okay?
State monocupacy is not required.
It's a pre-code use.
So, Mr. Chairman, in fact, this use predated the zoning code itself, but I'll show you why that's the case.
So, here we go.
you see here the date on this permit uh is 53 undertaker and looks like there were two families
above uh at that point um this is 1953 okay and i want to go to the original 1940 oh and of course
look at the zoning here a commercial which is like the cmx the predecessor of cmx2 a commercial so
So this is really a classic nonconforming use that should be allowed to continue at the site.
I don't see any evidence from anybody that there was what we call a legal abandonment.
I certainly agree that there was a vacancy of some period, but that is not abandonment.
My client has attempted to bring back the use immediately upon purchase.
There's the commercial again, Mr. Chairman and members of the board.
And here's 1945. You see Undertaker establishment. OK, so that's the argument as to the legal aspects.
Let me go ahead and get right to Molly Mendenhall, who is the owner. Have her raise her hand virtually and I'll present.
Sure. Thank you for your patience. So, Molly, go ahead and raise your hand, please.
do we see molly yeah she's been allowed to speak sorry about good morning good morning
could you please state your name is spelled for the courts the knocker molly mendenhall m-o-l-l-y
m-e-n-d-e-n-h-a-l-l right do you swear or affirm to tell the truth the whole truth and nothing
but the truth please proceed counsel i do she does all right um so
So, Ms. Mendenhall, did you, first of all, did you hear my opening presentation and the facts that I stated, and are they true?
miss mendenhall did you first of all did you hear my
Yes, they are.
To your knowledge.
And forgive me, before I go on, Mr. Chairman, I said, I believe I said it was an LLC.
It's an LP.
Forgive me for that.
It's not an LLC.
So, Ms. Mendenhall, do you adopt my opening presentation and factual statements as your formal testimony in this matter?
I do. Okay. Now, I had described how you purchased the property at Sheriff's Sale. Is that correct?
That is correct. Okay. And I'm showing the deed, Mr. Chairman. And you purchased the property from
the foreigner through the Sheriff's Sale, and the prior owner was Kimball, right? Correct.
And you are not associated in any way with Mr. or Mrs. Kimball or any of the prior owners of
this property, correct? Correct. All right. So tell the board what happened after you purchased
the property? What did you have to do to get control over the property? So since the property
was purchased at a sheriff's tax sale and it was occupied at purchase, we needed to wait through
the redemption period, which is nine months from when the deed is recorded, to see if the prior
owners were going to redeem the property, pay back all the past taxes and so on and so forth,
in order to regain ownership at the end of the nine month redemption period they did not
redeem the property so then we went through the process of hiring legal counsel in order to start
the period of or the process of ejectment so that we could obtain possession of the funeral home
and that was a long process as well and also costs a lot of money okay and that was about
nine, 10 months to litigate to get out the people who stayed within the property?
Correct. And then we had to hire someone to come and change the locks, the locksmiths. We had to
hire a moving company to remove the possessions of the previous owner. And before you get to that,
Molly, did the sheriff have to come and actually physically evict the individuals that were
remaining within the property? Yes. At the end of the ejectment process was the actual lockout,
sheriff lockout. So that is when we had to be on site, change the locks, remove all the belongings
of the person who was living there at the time. So at this point, Ms. Mendenhall, you're into the
property as far as how much money would you say, give or take, estimate? It's about
I think for the lawyer and the fees, about $10,000. Then we had to pay for
the storage of these person's items and the removal of the items. So that was another
around $10,000. All right. I'm going to put the photos back up on the screen, Ms. Mendenhall.
Did you commission to have these photos taken? Yes. Have you been inside the property yourself?
I have. Are these photos true and accurate as to the conditions of the property that you
found upon ownership and continue. Yes, they are. Okay. So tell the board what you had to do in
order to actually get properties into the condition that's shown on the photos. You
mentioned that you had to get a clean out done. Can you explain that to the board briefly? Yes.
Not only was there multiple possessions that we had to remove from the interior of their home,
There was also illegal dumping that was allowed by the previous owner onto the property.
On the exterior of the home, there is a gated fence along the exterior of the property.
And the previous owner was allowing contractors and other individuals to dump construction trash, all kinds of garbage.
and so we had to have over 20 huge dumpsters come and remove all of the trash just so that we could
get to actually seeing the exterior of the home and then once the trash and all the garbage had
been removed then we had to go through a series of landscaping to remove all of the vines from
and all the excess overgrowth of the landscaping around the property.
So it was extensive.
And that was at a cost to you for that?
Yes, uh-huh.
And are these – I'm putting a photo back up on the screen showing two dumpsters.
Are those dumpsters that you had to use to clear out the debris from the prior owners?
Yeah, so thankfully we hired a company that would just continually –
Yeah, so thankfully, we hired a company that would just continually revolve the dumpsters. There was over 20 that were filled and removed from the home.
I'm sorry, I didn't even know that. You said 20 dumpsters worth of trash had to be moved out?
Okay. All right. How's the property physically laid out? You're familiar with the interior, right?
Correct.
How's the property physically laid out on the first floor?
It is laid out as a normal funeral home would be. There are two external doors to the street that can be accessed. And then once inside, you have access to the first floor office, there's a restroom, and then there is a large, I guess, open hall where services would be provided.
um and then towards the back on the first floor um kind of from that view you could see yeah so
this is one of the first this is the exterior door commercial door to um the inside of the home
that's there's like a little entryway as you walk in these doors and then after that there's a
hallway and you can proceed into the large meeting space um if you go to the left of that door there
is the place of the office.
It's essentially just like you see the plans here.
Is the property laid out in any way on the first floor conducive to any type of single
family usage?
It is not.
It's a business, right?
Correct.
That's a funeral parlor business?
Correct.
And this is the embalming room here?
Is that?
Yeah. And to your knowledge, was the property being operated as a funeral home prior to you
getting involved with this property? Yes. As far as we knew, I mean, you can tell from the
pictures, it is labeled a funeral home. It was understanding that it was used in that way. And
And from, you know, everything that we could tell during the whole process, yes, it was a funeral.
And there's a residential unit above the funeral home, correct?
And so you're willing, as since we've had two, you were at both RCO meetings, correct?
Correct.
And you're willing to do what you need to do to make, to, you're willing not to propose any residential use on the second and third floor, right?
Yes, to accommodate the preference of the community.
All right. So if you were to have to comply with the underlying zoning, which is RSA 3 single family, what would be necessary?
First of all, are you in the business of renovating and rehabbing properties in the city of Philadelphia?
Yes, I'm familiar with the process.
Have you, has your company, you and your company's been involved with the renovation of vacant properties throughout the history of your development career?
If you were to have to convert this property to a single family dwelling, would that be feasible?
And if not, why?
i mean anything's possible but it would it would take a complete demolition of all interior
structures at that are currently there um and all new framing all new mechanical roughing
would have to be completed all new insulation drywall um there would have to be
you know a change of the layout in order to accommodate a larger kitchen on the first
floor a full bathroom maybe more than one um multiple bedrooms and or living spaces would
have to be created and and so it would be a complete renovation of kitchen bathrooms
um you know obviously any kind of cabinetry windows possibly if they if they need to be
different sizes to accommodate kitchens i mean on and on and there's no uh there's no kitchen
on the first floor at all, right? Correct. All right. And there's a smaller, a small kitchen
upstairs. So you'd have to redo the kitchens if you were to convert this to single family. Is
that correct? Yes. Okay. And the cost would be what? You've been involved in renovating
properties for a long time. What are you looking at as far as renovation? This size, I think you're
looking at at least a half a million dollars if not more okay um uh so let's do this um miss
mendenhall um oh and you're you there's a handicapped ramp on site correct there is um
if you if you can scroll and there's a like where the stairs are it's right next to that
it's here right i'm circling with my cursor members of the board all right not you're willing to run
It's here, right? I'm circling with my cursor, members of the board. All right. And you're willing to renovate that to meet code during the building code process, correct?
These are not building plans. They're just, for example.
Correct. But the question posed is you're willing to comply with the code and make sure that's compliant when you get to the building code phase.
Okay. Molly, was your husband able to join us today?
I believe he is on, yes.
And his name is Dory. So I believe I'm finished with Ms. Mendenhall, Mr. Chairman. Mr. Mendenhall is a realtor. I'd like to just ask him two questions or so for the record, please. If he could raise his hand. Hopefully he's with us. He was traveling. Hopefully he's with us and can raise his hand.
He has been allowed to speak.
Sir, could you please state your name and spell for the course stenographer?
Dory, D-O-R-Y, Mendenhall, M-E-N-D-E-N-H-A-L-L.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
I'll be brief, Mr. Chairman. Thank you. Mr. Mendenhall, thank you for joining us.
Are you a licensed realtor in Pennsylvania?
Are you a realtor and familiar with the Philadelphia market, especially in this area?
I'm very familiar with the Philadelphia market.
Okay. Did you hear, Molly, your wife's testimony about the cost to convert this property to a single family dwelling? Do you agree with that testimony?
I do agree with the testimony.
Okay. And as a realtor, is this property, should the money be spent to convert the property to a single family dwelling? Is it marketable at this location?
It is not marketable.
There aren't, I mean, it's a 6,600 square foot property.
I actually, I didn't know if I could share my screen.
I don't think you can.
Yeah, that's fine.
The MLS, I mean, if you pull up the MLS for the last two years and you pull up the entirety of this part of Philadelphia and you look at homes, let's just say over 5,000 square feet, there's not a single single family home above 5,000 square feet that has been listed or sold in the last two years.
It's just not what this area of Philadelphia is.
And so it would just be a completely unmarketable property.
Not only that, you know, the value would be immensely diminished versus a 6,600 square
foot commercial active property versus a single family home.
It would just devastate the value of the property.
And my last question is, is it feasible to spend the money, the extreme cost to convert
the property is a single family dwelling. Is it feasible to do that in light of what you've just
told us? No. That's all I have, Mr. Chairman. Thank you, Mr. Mendenhall. My last witness would
be Erica Hall. I'd ask her to raise her hand virtually. She's the CEO of the funeral parlor.
Hi, could you please state your name and spell for the court stenographer?
erica hall e-r-i-c-k-a-h-a-l-l all right do you swear or firm to tell the truth the whole truth
nothing but the truth i do yes please proceed counsel uh miss hall uh are you a businesswoman
in this area of the city yes uh can you briefly just give the zoning board an idea of what
experience you have as a business owner and operator? Yes, I currently have three home care
agencies in the state of Pennsylvania, which are also LLC'd in five other states, and two trucking
companies that I've been running since 2017. And are you from Philadelphia? Yes, born and raised in
the area okay um and you'll be the ceo of the funeral parlor operation is that right yes can
you give the board an idea of what kind of employees you'll have um at this site i'll have
uh i'll have a director uh wendy palmer which i believe is on the call also she's the mortician
also um and somewhere between six and twelve employees okay and did you hear my statement
about you're going to be serving the Muslim community
in addition to other religious communities?
Is that correct?
And there's different burial procedures and treatment
involved with the Muslim community, is that right?
And do you foresee, have you looked into the demand
for this type of an operation in the city of Philadelphia?
And can you tell the board what you determined,
what you were able to find to your knowledge?
Is there a demand for this type of services in the area?
Yes, I found that current, I'm going off the top of my head, but I believe somewhere between 50% of the community now are Muslim.
Yes, I felt that current, I'm going off the top.
Of the African-American community?
Okay. And do you have an opinion or to your knowledge, scratch that, to your knowledge, is there a demand for Muslim burial services in this area?
Okay. So tell the board what you have planned for as far as a parking, dealing with the parking that might be associated. First of all, let's start with this. How often do you foresee services that will require people to come to the property? Will that be something that occur all the time or periodically? Please explain that to the board.
Most likely during normal business hours for services.
how often it would be it would be a 24 7 business right and why is that necessary
it would be a 24 7 business because people passes any time of the day so we will constantly
probably have deceased people coming in and out right you'll have you'll have deliveries uh for
lack of a better term, that's an insensitive term, forgive me, but you get the point. You'll
have to have people on site because you don't know when you're going to have people that need
your help. Is that right? Yes. All right. And you're going to have, well, let's segue right
away to, I'm going to get back to the parking, but as far as your security, explain to the board
your security plan. We will have security cameras on each corner of the building. And we also have
a security office the third floor will be used as our private security office we will have two
security guards there at all times okay and and the cameras you'll have uh you'll be will be
monitored constantly yes all right so let's get to the parking i'm going to put that so um what do
you have in mind as far as mr mr demarco can i say something how much longer do you think you're
going to be going on uh this is my last witness okay thank you i only have a few more questions
mr chairman okay yes sure all right go ahead go ahead erica tell the tell the board what you
envision as far as parking for yourself my vision is to line up the cars up and down vine street and
across 53rd street with the police assistance and are you familiar with uh funeral parlors as far as
uh using community using police explain to the board whether that's feasible or not
that's normally what is done now these so yes and you'll establish those relationships once you're
once you're operating with the local police district is that right yes okay um so the
mortician is wendy palmer so mr chairman i understand that there's a time issue um i don't
need mr palmer to testify but let me have erica just mention who she is and what what her experience
Her resume is in the exhibits. Let me go ahead and put that up on the screen. I don't think we need to have her formally testify unless you want to hear from her.
No, no. OK, we're fine. We're fine. All right. Very well. Who's Wendy Palmer? Erica, explain to the board who she is and what her involvement is with this business.
She's the director of the business and also the mortician.
She has over 30 years experience in this type of business.
All right.
And you provided her resume to me to include in the board's exhibits today, correct?
So, Mr. Chairman, I don't need to call Ms. Palmer, but you can see.
Please take another one.
So, Paul, explain to the board that you met with some of the RCO folks before this hearing today, correct?
You met with some of the RCO folks before today?
So explain to the board what you're willing to do as far as community outreach and talk about local hiring and cleanups and meeting space.
Go ahead.
Yes, so we're working on some type of partnership with the community, whereas we can have monthly meetings at the property, the location for the community, also cleanups for the community, and some type of project to help the homeowners in the community upgrade their homes.
And you'll provide meeting space to the RCO as reasonably required?
And you'll take qualified applicants and try to hire locally as much as you can. Is that fair to say?
All right, Mr. Chairman, that's all I have of Ms. Hall. I'll reserve the right to rebut any unknown standards opposition today. I would just close by saying this is clearly a preexisting nonconforming use. If not that, it's clearly an entitlement to a variance in light of the extreme hardship posed by the condition of this property, the longstanding decades long use as a funeral parlor.
All right, Mr. Chairman, that's all I have of Ms. Hall. I'll reserve the right to rebutting.
yep all right so um and again we are not increasing the volume of the services it is
consistent with what's been there in the past obviously we're left with a property that has been
used for decades for this use so um okay that's that's all i have thank you for your time questions
from the board questions from the board no no chair
jim tom no chair okay thanks um questions i i see hillary has a few questions here hillary
sure yes so um so a couple of things sorry let me just pull back some minutes well first thank you
for um addressing the accessory living use i'm that that was a question because that use is
actually not a use in the code um so my my first my first question would be to clarify what what
was being referred to as accessory living but if if if the community doesn't want residential living
and you're willing to do that um we can certainly do that via proviso just note there's no residential
use proposed for the property um we agree with that proviso okay great yes we can that can be
done via proviso um because this is an rsa3 property there should have been a review of
the parking um and there wasn't now i i see that there's clearly parking there but there's no
mention of it on the refusal and i couldn't find records of it historically um so that's something
we may actually need to have a corrected refusal done to um address that um i have to see because
this is a change of use application so there were no plans so if there's any changes to the existing
parking that might actually require a new application so we'll have we can deal with
that separately but i just wanted to note that for the record um and i noticed lastly um in the
packet there was a site plan um is there any additional is there a roof deck now being proposed
for this okay okay i was a little bit confused by the site plan so okay because of the change
of use and no plans were reviewed so um i just wanted to verify that um hillary if i may the
site plan um i believe it was submitted i don't uh molly uh doesn't fully remember uh but um
i i just looked in the system for it yeah no you're absolutely right that there is parking i
mean we we certainly don't want to have to file a new application uh we're willing to i mean there's
room for parking for some um but we wouldn't want to file an application but if if you want um
we don't need to actually formally provide it it i agree that it was shown um and for whatever
reason the examiner didn't pick it up um we certainly don't want to file a new application
though at this stage you know there's a way right now i i understand we may be able to work that out
So we can discuss that further, yeah, further offline, but it should have been reviewed as part of the application.
Lastly, because you did argue that this was a nonconforming use, Leonard Reuter was able to hop on.
So he just wanted to make a couple of comments regarding that argument.
Leonard, there he is. Thank you.
him. Leonard, could you state your name, please, and spell for the court stenographer?
He's slowly coming in as a panelist chair. Okay.
I'm here. All right, Leonard, could you state your name, please, and spell for the court
stenographer? Sure. May it please the board, Leonard F. Reuter, R-E-U-T-E-R, for the City
of philadelphia do you swear a firm to tell the truth the whole truth nothing but the truth
i do please proceed sir sure uh just very quickly um i was only notified about 20 minutes ago that
uh mr demarco or his client rather was uh apparently making an argument that this is
a non-conforming use normally um that would have been indicated as a challenge against the refusal
and I would have been able to do a little bit more research to see what it is.
But I can just say that with respect to the non-conforming issues generally,
We typically leave that up to the board to make a determination.
we typically leave that up to the board to make a determination.
I did see...
I did see some of the materials that were presented by Mr. DeMarco.
I had the ability to do a quick review of some of the zoning archives,
which I should indicate for the record are under 5300 Vine Street,
not under the North 53rd Street address because this has two alternate addresses.
yeah um again it does appear that there has been some uh that it had been used as a funeral home
and actually had uh first one and then two families above uh going back probably at least
to 1953 if not to the 40s and before um the question of whether or not it had been abandoned
is up to the board i think to decide based upon the materials that mr demarco presented
As far as the parking issue goes, again, we're happy to defer to what your counsel, Ms. Emerson, and what you all decide to do about the parking question, because I do agree that it should have been reviewed.
I'm not sure whether it was missed or if Ellen and I made a determination that, but the fact that it wasn't reviewed at all, I think, you know, that's, again, what you do with that is up to you.
So I just wanted to indicate that. And I would just ask next time, Rich, if you could, like, let me know.
Sure. I'm sorry. That's all right.
So it was late. If I may, Mr. Chairman, explain.
Leonard, Leonard, you had 20 minutes. I mean, I don't know.
I could just explain. I knew of a discontinuant.
So I actually wasn't initially planning to argue.
And when I realized that it was probably not a legal abandonment, I chose to argue.
So sorry about that. No, it's up to the board.
But so that's it. If you have any questions, I'll be here for a little bit. But if you don't have questions for me, I actually am at the Historical Commission at the same time. So I have to run to that if any if nobody needs anything else from me.
Thank you, sir.
Yeah, I agree with with Len.
OK. All right. What questions or comments from the virtual audience?
There are no hands here.
Planning Commission.
uh excuse me mr chair um uh willie jordan has had his hand up the entire time i believe
he's from the rco and we do not have a letter yeah mr jordan
willie jordan's allowed to speak hi mr jordan could you state your name please and spell for
the courts. Willie Jordan, W-I-L-L-I-E, Jordan, J-O-R-D-A-N. Did I swear you earlier today,
sir? Yes. Okay. Please proceed. Yes. Thank you, Chairman. We're asking for a continuance. So
we had two meetings on this, and there's still some concerns. One, Mr. DeMarco argued really
clear that it was a vacancy by just showing there was no activity going on in that property
for a long period of time. So that's vacant. Vacant is vacant. You can't argue that. There
wasn't doing any. And to expand the seating, one of the concerns that the neighbors had,
yes, there was a funeral home and they only had around a 50 seat capacity. He's asking to go up
to about 149 seats. So that's a change in parking, service, and everything. So we're willing to sit
down and talk with the owner, which we have in the previous time, to find out where we can come
up with a more suitable agreement with this. Okay. Yeah, I can respond, Mr. Chairman. Happy
to work with Mr. Jordan on this. I just want to make sure that we don't have to come back. We've
waited quite a while for today's hearing. No, no, I'm not, I'm not familiar with all the finagling
on being approved and then don't have to come back. I'm saying continuous, Your Honor. Yeah,
my response would be happy to keep the record open. We will continue to work with Mr. Jordan
and hopefully maybe have a CBA on this, but we obviously don't want to have to have another
evidentiary hearing, we could have the record open to allow us to meet again with Mr. Jordan.
I just want to make sure we complete the testimony today. And I guess Hillary will defer to you on
this. We would be glad to meet again with Mr. Jordan, try to hammer out, or just, you know,
have a discussion, try to hammer out an agreement. Happy to do that.
Thank you. Is there anyone else in the virtual audience?
yes chair i have brian wilson with a hand up and will be allowed to speak
Yes, Chair, I have Brian Wilson.
i could you state your name please and spell for the court stenographer
brian k wilson b-r-i-a-n w-i-l-s-o-n right do you swear or burn to tell the truth the whole truth
nothing but the truth i do are you a neighbor sir yes i am please proceed
So to tag on to what the RCO just stated about the capacity, the request to have 140, a space used for 140 people, our block doesn't allow for that.
Also for parking, part of Vine Street is a bus stop. So there's no parking that's going to be allowed in front of the bus stop. Across the street, there is a park, but that only holds very few cars that allow to park there.
Plus, there's also, we're already inundated with parking from the medical center that's on 52nd.
The employees from the medical center park on our block.
They park on the, there's a walking pad directly across the street.
They park there. They park along Vine Street and along 53rd Street.
and they're there during regular office hours.
Jordan, thank you very much for your con,
I mean, sir, thank you very much for your comments.
We appreciate what you have to say.
Is there anyone else in the virtual audience?
That's chair, Michael Johns will be allowed to speak.
And Mr. Johns, you've already been sworn once today,
just mention uh state your name uh michael johns all right please proceed sir okay good morning
chairman bergen and commissioners thank you for this opportunity to voice my opposition
to the proposed use for 238 north 53rd street i am usually on the other side of the table
listening to community concerns but this time i'm on the other side i'll try to keep it simple
and to the point. I'm a long-time resident and business owner on this block.
Notwithstanding some of the comments Mr. DeMarco mentioned, we do not believe that the
project proposes a hardship as the proposed plan calls for major reconfiguration of the first floor
if you could pull up the existing floor plan. What Mr. DeMarco showed was only the proposed
plan but not the existing plan. So if you could pull up the existing plan for the record,
The plan calls for major reconfiguration of the first floor and some of the upper floors, including the removal of what appears to be bearing walls, interior stairs, and other walls to increase the seating capacity threefold from three to 40 to 140 plus seats.
This alone will cost thousands of dollars, so clearly there's no financial hardship and there's nothing about the particularly physical, surrounding, shape, or topographical conditions of the specific structure or land involved that will result in unnecessary hardship.
In addition, the increase in capacity will negatively impact parking and congestion and inflame hostilities, not to mention the gun violence that has been plaguing our community at funerals and burials and other large gatherings.
Two, there's no need for another funeral home in the neighborhood as there are five or more funeral homes within walking distance of this location, including 56th and Girard, 42nd and Habitford, 52nd and Baltimore, 53rd and Market, 57th and Race, 58th and Vine, 53rd and Locust, just to name a few.
The neighbors also met and want to see other uses that are more consistent with the neighborhood, such as multifamily residential.
Now, I will hope that Mr. Willie Jordan will get back on the call and clarify the issue around residential and this property.
So just for the record, because I think there's some misinterpretation of what was what was intended in his letter.
Since, as you can see from the existing plans, it was already laid out and previously listed as a two-family on the second and third floors.
So reconfiguring the first floor to add one or two more units would not be difficult.
And there is adequate off-street parking on the site, so neighborhood parking would not be impacted by a multifamily development.
Other suggestions include some uses that complements the federally qualified health clinic across the street from the site, or some use that addresses one of the many disparities.
from the site, or some use that addresses one of the many disparities this community faces.
The bottom line is the community does not want it and does not need it. And we will entertain
uses that support or uplift our community, not a use that simply profits off the proliferation
of gun violence in our community by having a bigger funeral home. Thank you.
i have a couple questions mr chairman did i just hear that because it's a funeral parlor it's going
to result in more gun violence no no that's not that's not what you heard that's not what you i
hope not oh no no but that's not what you heard i hope so what i said specifically that's why i
wrote it down so i could read it what i said specifically this neighborhood and this community
is being plagued by gun violence at large gatherings funerals and at burials just look
at the news. This is nothing new. This is nothing that I'm making up. And so increasing the amount
of capacity at this site from what was 40 or 50 maximum, right? Now, you stated early when I look
at this plan, and I want to be clear, let's look at this plan. You never really showed this plan,
Mr. DeMarco. The only plan that you really- I'm objecting. That's-
Hold it. Mr. Chatt, Mr. Chatt, Michael, Michael, first and foremost, we want to move this along.
This has been going on for a while, and if there's many more people in the audience, we're going to have to continue this.
So, Mr. DeMarco, do you have a question for Mr. Johns?
No, just brief response, Mr. Chairman.
I don't need to cross more.
Well, before you respond, let's see if there's anyone else in the audience.
Is there anyone else in the virtual audience?
There are no hands.
All right, thank you.
Mr. DeMarco.
The multifamily use is a use variance.
So while that's a fine suggestion, it would require additional, starting over from square one, it's a use variance that would be prohibited by the code. It's simply not a fair or legitimate option for this developer.
Mr. Chairman, we don't want to get hung up on increasing capacity.
It's true that they created a large room, but it's the same footprint.
We're working within the same footprint.
Happy to accept the proviso by this board if you want to limit seating.
Happy to do that.
It was not our intention to cause consternation and an idea that we were increasing seating.
We are working within the same footprint of the prior structure.
And frankly, to suggest there's not a hardship when the underlying zoning is single family is absurd.
I mean, you heard the testimony. It speaks for itself.
There's a clear hardship. And Mr. Johns is not an attorney.
While he's an architect, he's certainly not familiar with making a hardship argument and isn't permitted to do so.
He can testify as to architecture.
But there is a clear and unequivocal hardship to try to convert this property to the code.
and the reason why
I didn't want to surprise Leonard
but this
property has been a funeral home for
decades so thank you
thank you Mr. Chairman that's all I have
I thought the council
person was going to offer some testimony
but I guess they're not here
she did not
I don't believe she said that
questions or comments
from the planning commission
uh yes thank you chair um jonathan goins city planning commission the comprehensive plan
recommends no change to the residential single family zoning at this location
property is currently vacant but does have a long-standing prior use as a funeral home
there is a clear hardship to single family use the city planning commission does recommend the
grant the experience so we're going to hold the we're going to hold the vote on this
um council has mentioned that he's willing to uh meet with the rco am i correct yes i mean we will
hold the vote on this we could we can close this other than what we hear from the rco
yeah so i counsels counsels response and maybe public testimony on on new issues from the rco
well um well do you want to hold a resumption hearing or are we just holding the record open
for a limited purpose and we'll vote i just say hold it open for limited purposes period okay
all right so um what what i recommend mr chair is um yes we we close the record um
We, except for a letter, updated letter from the RCO following another meeting response from Mr. DeMarco and potentially an updated refusal.
Um, so I, I will work on, on that piece of it, Mr. DeMarco, if you could forward the letter that you said you already received from the RCO, cause we did not receive anything.
So I will work on that piece of it, Mr. DeMarco.
So I'll see just what their current position is. And we will look for an updated letter from them. Once you have had further conversation.
Thank you.
Agreed. Thank you, Hillary.
And thank you, Mr. DeMarco.
Thank you for your time, Mr. Chairman. Thank you for your patience.
All right.
All right, let's go here. Number 14.
By 2023-003-274-1250 Wagner Avenue.
Bart Levy is the attorney.
Bart Levy is coming in as a panelist.
Good morning, Mr. Levy.
there's a recommendation of support from the logan civic association 13 in support for an
opposition hi mr levy could you state your name please and spell for the court stenographer
i'm bart levy for the applicant that's b-a-r-t-l-e-v-y right um do you swear do you
swear or affirm to tell the truth the whole truth and nothing but the truth yes sir i do
Mr. Chairman. Could you identify your client and relationship to this property? My client is
Latria Dawson, L-A-T-R-I-D-N-W-S-A, and she's with me here in my office. Okay, and our Vice
Chairman has a few questions for you, sir. Sir? Good afternoon, Counselor. Do you agree to
weigh the reading of the refusal or stipulate towards accuracy? Yes, yes I do. Have you emailed
then all the required documents and exhibits that is needed to proceed with this case five days in
advance of this hearing we have thank you counsel please proceed certainly as you can see um the
property is uh if i've successfully shared my screen you have sure okay um the property is at 1250
uh wagner avenue it was acquired um
It was recorded on April 11th, 2023, and there was a pre-existing non-conforming use of the property.
This property had been used as a church child care facility and family gathering center and had basically been applied in 2023 to turn into a residence, but it never was.
We met with the RCO and we got support from them in the form of a 12, 13 to 4 vote in support of it.
So there's really going to be no large scale change of the property because the way it was set up was set up to basically care for children.
And what we're doing is simply picking it up from there and reestablishing its use as a child care center, a daycare center.
I have some photographs.
The outside of the property is in pretty good condition, needs some paint. My client plans to do extensive renovation, maintenance and upkeep. It's in the middle of a residential area in Logan.
right by
Ogons Avenue
we received tax
clearances and then
a second tax
we received a first tax clearance
which was issued March good through April
and then received our second
tax clearance
bear with me
uh april uh good through may 13th
um essentially um i'll entertain any questions the board or after i have uh my client miss dawson
testify as to my uh why don't you bring her on to adopt your testimony sir
Hi, could you state your name, please, and spell for the court sonographer?
Latria Dawson, L-A-T-R-I-A, last name Dawson, D-A-W-S-O-N.
Hold on, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, Counselor.
Thank you, Mr. Chairman.
you've heard my testimony
you've heard my testimony and presentation for the zoning was that right yes do you adopt it as
and presentation
is that right
do you adopt it
your own testimony yes thank you if the board has any questions we'd be glad to address them
all right questions from the board
no chair no chair questions or comments from our attorney hillary emerson
i'm just briefly mr chair mr levy is there any existing parking at the property it's zoned rsa
So parking is required per one space per 1,000 square feet for this use.
There's a garage next door to us, isn't there?
I thought I saw a garage in the photo.
That's not our garage.
No, it's a garage, but they zoned it for the daykeep.
Okay, that's fine.
Then I just want to note for the record that a refusal was missed for parking at this property.
Thank you.
thank you questions or comments from the virtual audience there are no handshare planning commission
jonathan goins city planning staff uh the comprehensive plan recommends no change to
the residential single family zoning at this location the property has a documented prior
history of use as a daycare while commission staff find no hardship to single family use
we do feel a daycare at this location will not adversely impact the neighborhood and therefore
the city planning commission recommends the board grant to use fairs. Thank you. MI 2023-003-274-1250
Wagner Avenue I vote yes. James Snell my vote is yes. Ishmael Shahid my vote is yes.
Thank you, counsel. Thank you. Number 15, MI 2023-003-485-1034-36 Spring Street. Dennis George is the attorney. There's a letter of non-opposition from the Philadelphia Chinatown Development Corporation with Proviso.
Dennis George has been promoted chair.
okay good morning mr george could you please state your name and spell for the court sonographer
mr george
he has been promoted let me search him again
hello mr george could you state your name please and spell for the court sonographer
dennis george g-e-o-r-g-e is the last name right do you swear or firm to tell the truth
the whole truth and nothing but the truth i do could you turn your video on please
yes hold on sorry i inadvertently yeah no that's fine
could you identify your client the relationship to the property
gt spring street investments llc is the owner of the property xiaoling wang is the sole member
of the llc our vice our vice chair has just a few questions for you sir good afternoon council do
you agree to read the reading of the refusal or stipulate towards accuracy yes 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, yes.
Thank you. Please proceed.
Could we permit Michelle Kleschick from the Parallel Architectural Studios to enter so she could submit the plans and the evidence?
Sure. So let me say this.
Are you going to use her just to look at the documents and you'll do the testimony?
I will do the majority of the testimony, but if we have questions, I'd like to swear her in.
So she's good. But let's let's bring her on.
Michelle, that chick has been promoted.
Michelle, could you please?
Good morning. Could you do me a favor, state your name, please, and spell for the course of Dr.
Michelle?
We see her.
Yes, she's muted. Please unmute.
Yes, she's muted. Please unmute.
Sorry, I was muted, too.
Michelle?
She might be having technical issues, Chair.
Mr. George, do you have your documents at all that you can put up?
I do, but I can't. I'm not the capacity to put them up.
That's why I was hoping Michelle could do that, Mr. Chairman.
I can proceed so that we can move it along with an explanation.
What do we have to see some she's unmuted now chair. Okay, good. Hi, could you state your name, please spell for the court stenographer.
Michelle.
What I was trying to explain initially, she's been unmuted. However, she must be having some kind of technical issue if we can't hear her.
Mr. George, you don't have documents with you.
I do. I have to find them now, Mr. Chairman.
I've submitted them in advance to the board.
Let me see if I can get Michelle.
I have one more case left.
Let me hear the case and I'll come back to you.
There she is.
There she is.
Please.
I thank you for your patience.
Michelle, could you state your name, please, too, and spell for the court stenographer?
maybe sure all right that's what i was going to say chair this is tanya i was thinking
she's having audio difficulties right so mr george you're going to have to testify off the
documents okay sure sure please proceed that's too if she needed to later she could always call
in on the phone and we can hear her and she just won't be on the screen i can address if she if
If she moves the documents, Mr.
That's fine.
You get testified, right?
Absolutely.
Absolutely.
Okay, go ahead.
Mr. Chairman and members of the board, this is a property located at 103436 Spring Street.
It was acquired by my client in February of 2023.
This building has been abandoned for many years with various problems.
He's acquired the property, and our initial request and application was for 24 units to rehab the entire interior and make revisions to the exterior of the building.
We initially met with the RCO, and after that initial meeting, they had requested a reduction in the units, which we did.
We've now revised the plan to include 18 units, which would consist of 12 one-bedroom and six two-bedroom units.
This is a sketch of the plan.
Michelle, could you show the photos, please, of the building?
And I do have sound now.
You want to swear her in, Mr. Chairman?
Well, can you just testify? I can do it. Sure. Why don't you just let her show this bill? This is the front of the building.
This is a seven story building. Am I right? It's a six story building.
Sorry, I forgot.
We see a side view of the building, Michelle. Yeah, that's these are flipped. That's a side view of the building. There we go.
That's the front of the building.
We've had various discussions with the RCO and the neighbors in the community.
One of the witnesses that is willing to testify is our next-door neighbor.
In addition to the notice of refusal, application for appeal, project information, the deed, tax compliance, revised proviso, floor plan, notice posting, and the neighborhood notification letter,
we've provided supplemental information regarding properties nearby, which consists of mostly 18,
there are a few with 18 units, with mostly all of them two bedrooms. In addition to that,
the RCO letter, which has approval we only received two days ago, we're okay with the
provisos that they've provided, except they've now asked for us to convert three of the units
to three-bedroom units, which completely changes the entire scope of the plan and the renovation.
This was only given to us two days ago. So this is not a proviso we would agree to. It would be
our preference to stay with what we planned. We reduced the units by 25%. If you have any
questions about the layout. I have the architect available to testify, and I would like to bring
on my client to confirm the testimony. Thank you. So you started with
uh the testimony thank you so you started with 24 you went to 18. we went to 18 18 has six two
and then 12 one that's correct okay thank you and to to do what the rco is requesting
would mean a complete redesign including stairways etc is is the owner on client
Sha-Ling Wang is the owner.
Sha-Ling Wang is allowed to speak.
Could you please state your name and spell for the court's sonographer?
Sha-Ling Wang, can you unmute yourself, please?
can can we get her him she's just muted she must be having difficulty all right so
so you're an officer of the court we gladly accept your testimony questions from the board
no chair no chair questions or comments from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
there are no hands here planning commission
jonathan goins philadelphia city planning commission staff the comprehensive plan
recommended a change from commercial mixed use three to commercial mixed use two at this location
the property was remapped in 2014 to the current residential multi-family zoning the proposed unit
count is well above the allowed density for r1 zoning but it is consistent with the existing
building that's to be reused the city planning commission recommends the board grant the variance
Thank you. MI 2023-003-485-1034-36 Spring Street. I vote yes with provisos. Commercial trash pickup, maximum 18 dwelling units.
James Snell, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Thank you, counsel.
Thank you, Mr. Chairman.
Thank you. Thank you. All right. Number 17, MI 2023-006-698-803 South 4th Street. Sean Whalen is the attorney. There's a letter of support from the Queen Village Neighbors Association and a letter of non-opposition from Council Member Squill.
Sean Whalen is coming in as a panelist.
good morning mr whalen how are you could you please spell your name
and spell for the court sonographer certainly sean whalen w-h-a-l-e-n you swear or affirm to
tell the truth the whole truth and nothing but the truth yes i do could you identify a client
in relationship to this property? Certainly. I represent Philly Prop. That's P-H-I-L-L-Y
capital P-R-O-P, one word, LP, the owner of the property.
And our vice chair has a few questions for you. Of course.
Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulate to its
accuracy? Yes, I do. Yes, I do. 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?
Yes, I did. Yes, I did. Thank you. Please proceed and share your screen. Thank you.
Can you see the... We can. An aerial map right now? Yes, we do, sir. Wonderful.
Wonderful. So thankfully, I have a nice easy case for you to round out your afternoon. I guess begin your afternoon. This is 803 South 4th Street, right off the corner of Catherine and South 4th Street. It is a very long standing existing duplex. So you can see here, here's an aerial view you can see.
We are requesting no additional height or new construction whatsoever.
We are simply trying to legalize the existing use that has been in use, as far as we can tell, for probably at least 100 years.
Going back, both in testimony with, and actually some better historians than even I had in my team, with QVNA,
With QVNA, they testified that they have pictures of this being residential back 100 years ago.
they testified that they have pictures of this being
The historical maps show a fully residential use as of 1942 and 1962.
And so, accordingly, QVNA appreciated this use, understood that it's a longstanding residential use, and fully supported the use, as you see in the letter.
the we have one refusal this is because sorry to jump around on you we are located in a cmx2
zoning district right here and zoom in on that a little bit for you and so you know for with a cmx2
zoning district as a board is well aware we're required to have a first floor commercial use
for the first 30 feet of building depth.
We are proposing no such use and just to legalize the first floor,
which has been and is a one-bedroom unit.
So the first floor of the building, here is the building itself.
You can see this is the first floor window.
The first floor is accessed by that white door.
I can walk you through.
So we walk into the first floor. This is an existing one-bedroom unit. There is a small
unfinished basement underneath. There is no basement living space. There is no request for
any basement living space. You can see that there is a full kitchen and a full bathroom.
None of this has been new or updated by the current owner. This is just the existing condition
as you see it there. So again, here's the building. The right side is the white door
that I just showed you that has access only to the first floor. The blue door on the left-hand
side takes you up to the second and third floors. That is one single unit that is a
two-bedroom unit. You can see this is a very small, all of these lots are very small. They're
approximately 500 square foot lots and most notably as we you know try not to rush happy to
ask and answer any questions you may have but as I show the residential nature of the whole block
this yoga studio on the first floor here is actually the only commercial use that is evident
on the entire block of South 4th Street. This block, this property right here at the corner
fronts onto Catherine, that has a commercial first floor and historically always had.
Those are the only two commercial uses on the block. And QVNA noted that, you know,
there's a longstanding residential use. This is looking directly across the property. So you can
see all residential use up and down the block and even down Catherine. So again, QVNA fully supported
it. And we believe that there's a valid hardship here. First and foremost, we have a fully existing
building in its condition, in basically its original condition with a full kitchen and a bath.
It's been a longstanding duplex.
The space is actually only 11 and a half feet wide.
So even if this were to be turned into a commercial space, it's not really a viable, usable commercial space.
And we do have the property manager on the site on this call to adopt this testimony as well and answer any questions the board may have.
Sean, why don't you bring him one?
Certainly.
Additionally, just to round out the hardship, the Washington, and as actually raised by
QVNA, the Washington Avenue commercial district is only two blocks to the south of here.
So everyone goes down there.
That's where all the commercial uses are.
We believe there's certainly no detriment to the health, safety, or welfare as QVNA
found and supported because this has been a residential use and a longstanding residential
We certainly meet the least minimum variance because we're keeping it exactly as built.
We're not asking for any increase in number of units, so no increase to intensity of use or to the building size.
And lastly, the only thing I would point out for hardship purposes is looking at the block.
There are 20 properties on the block.
Even just looking at the zoning archive, which there are 16 residential properties, only those two properties that have, including that corner property that fronts onto Catherine, only two properties with first floor commercial use and the...
only two properties with first floor commercial use and the um the last two properties on the block
have no zoning archive record with them associated however qvna did agree and admit that they are
fully residential buildings and they have all indicia of being used for residential uses
So with that, I would ask Ed Brown to raise his hand.
Ed Brown is appearing on behalf of Philly Prop LP, the owner and applicant in this matter.
Edward Brown is allowed to speak.
Good morning, Mr. Good afternoon, Mr. Brown.
Could you state your name, please, and spell it for the court's stenographer?
My name is Edward Brown, B-R-O-W-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, Mr. Whalen.
Thank you.
Mr. Brown, you're here on behalf of Philly Prop LP today, correct?
That's correct.
And have you heard all of the testimony and seen all the evidence that I've already presented today?
I have.
And do you believe that that testimony and evidence is true and correct to the best of your knowledge, information, and belief?
It is.
And would you adopt that testimony as your own?
I do. Thank you very much. Chairman, if you have any questions.
Questions from the board? No, Chair.
Ish? No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Just briefly, Mr. Chair, the refusal indicated that there was a change of use to residential on the first floor.
um i i think what the refusal should have said was um for uses to family household living
um and it was would probably still it would be refused for not having commercial on the
ground floor still um but i just to if the board decides to adopt we should include a
proviso that specifies that the use that's being approved is to family household living
thank you questions or comments from the virtual audience
there are no hands here planning commission
thank you chair jonathan goins philadelphia city planning commission
um the comprehensive plan recommends no change to the commercial mixed use zoning at this location
the appellant requests permission for ground floor residential use where commercial use
should be required. Commercial use is uncommon apart from corner properties on this stretch
of 4th Street. Given the size of the property and its location on the block, the City Planning
Commission recommends the board grant the variance for residential use on the ground floor.
Okay. Sean, you agreed with Hillary? Yes, I do. Thank you, Chair. All right. All right. So
So, MI 2023-006-698-803 South 4th Street, I vote yes with Proviso.
This is two-family household living.
Is that okay, Hillary?
Yes, you can say the approved use is two-family household living.
Proved use is two-family household living.
James Snell, my vote is yes with Proviso.
Ishmael Shaheed, my brother, is yes, but provides over.
Thank you, counsel.
Thank you very much.
Is there anyone in the virtual audience whose case has not been called from the 930 a.m. list?
There are no hands, Chair.
See everybody at 2 o'clock.
Thank you.
See you later.
All right.
Thank you.
Bye-bye.
Bye-bye.
You can proceed as you wish.
Okay, thank you.
Good afternoon, everyone.
My name is Bill Bergman, and I will be chairing this afternoon's EBA hearings.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, Thomas Holliman.
Present, Mr. Chairman.
And our Board Member, James Snell.
Present, Chair.
Thank you.
Also here is our Attorney, Hillary Emerson, and our Executive Director, Tanya Sunken.
Be advised, the proceedings are being recorded.
Video will be available by contacting TanyaSunkett at philo.gov.
For benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating by phone and you wish to testify, press star 9, raise your hand, and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
4548. Leave your email and the address of the property in question.
And finally, the question-answer box on the screen is not for comment or testimony.
And finally, the question-answer box on the screen is not for comment or testimony.
All comments should be directed to our executive director, Tanya Sumter.
Let's look at our schedule for this afternoon.
Number two, MI 2023-004-267-900 East Chelten Avenue.
That case has been continued.
Number six, MI 2023-004-267-900 East Chelten Avenue.
006-174-2036 Spruce Street, that case is continued, attorney moving party.
Number seven, MI-2023-006-215-610 South Front Street, that case is continued.
Number 10, MI2024, 000593, 29 East Mount Airy Avenue, number TA27907, that case is continued.
And number 13, MI 2024-000659-7000 Caster Avenue, that case is continued, Attorney Moving Party.
Are there any comments about the cases that have been continued or additional cases to be continued?
yes chair joseph vaccaro will be allowed to speak
good afternoon can you hear me i i can counsel could you please state your name and spell for
the court stenographer good afternoon may it please the board my name is joseph vaccaro v-a-c-c-a-r-o
right you swear or affirm to tell the truth the whole truth and nothing that but the truth
yes i do i understand you have a case mi 2023 0061736812 ogons avenue yes that's it that would
be an attorney moving party you're you're breaking up mr counsel i'm sorry can you hear me now i can
Okay. That is an attorney moving party request for a continuance.
All right. Thank you. So MI 2023-006-173-6812 Ogons Avenue. Cases continue attorney moving party.
Thank you. Any other requests for a continuance?
There are no hands.
okay case number one mi2022-005-303-4140 popular avenue this is the fifth listing
case must be heard is devin ukda available
no hands here no hands no okay thank you so mi2022 005 303 4140 poplar avenue i vote to dismiss
This is the fifth listing.
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
Ishmael Shahid, my vote is to dismiss.
So we're going to our add-ons.
Number one, voting this will be myself, Thomas Holloman, and Ishmael.
So it's MI 2023-002-942-1546-48 South 20th Street.
This is a request for reconsideration.
I vote no to reconsideration and rehearing.
Thomas Holloman, I vote no to reconsideration and rehearing.
Ishmael Shahi, I vote no to reconsideration and rehearing.
Number two is MI 2023.
0-0-6-9-4-3-3-1-0-5
North 2nd Street, 16th Street.
Voting on this will be
Ishmael, James Snell, and Thomas Holloman.
Ishmael Shaheed, my vote is yes
for reconsideration and rehearing.
Thomas Holloman, my vote is yes
for reconsideration and rehearing.
James Snell.
Oh, I'm sorry.
Go ahead, Jim.
I'm sorry.
My vote is yes to reconsideration and rehearing.
My vote is yes to reconsideration and rehearing.
Okay, thank you.
And number three on the list, voting on this will be myself, Thomas Holloman, and James Snell.
MI 2024-005-001400-38 North Howard Street.
I vote yes with provisos.
Medical marijuana dispensary use is prohibited.
Hours of Operation, closed by 10 p.m. on Sunday to Thursday, closed by midnight on Friday and Saturday.
Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Thank you. We're going to move to our regular list.
We're going to go to number four, that there's an interpreter involved.
MI 2023-006-126-706-08 Porter Street.
Lori Hahn Moslin is the attorney. Is the interpreter available?
We're checking in on, Chair. Okay, thank you.
Lori Hahn Moslin has been promoted. Okay, thank you. You're welcome. Good morning,
counsel. I mean, good afternoon, counsel.
Oh, I'm sorry.
Hi, counsel. Could you please state your name and spell for the court stenographer?
Sure. My name is Lori, L-O-R-I, middle initial J, Han, H-A-H-N, Maslin.
I seem to have.
Could you spell it, please? We see you.
M-A-S-L-I-N. Yeah, I can't see anything. I don't know what's going on here.
We see you very well.
So do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I understand there's a translator involved in this.
um my client um initially we had asked for one uh i think are you okay going forward with this
without one he is all right so if if the if one has not um appeared or has not been able to be
obtained that's that's okay all right so could you identify your client in relationship to the
property. Sure. He is Vanna Nguyen. It's N-U-N-G-U-O-N. Thank you. N-G-O-U-N. U-O-N. N-G-U-O-N.
His first name, Vanna, is V-A-N-N-A. He is the principal and owner of the properties
Rex May LLC. He is also the principal and the owner of the business that operates out of 706,
708 Porter Street, which is Rex May Ancor Corporation, I believe. And we have a letter
of opposition from the Lower Movement and Civic Association, a letter of opposition from Council
Member Squill. Our vice chair has a few questions for you. Excuse me, Mr. Chair, can I just interject
briefly um miss maslin we do have an interpreter um available um is your client seeking you're
welcome is your client seeking to have the entire proceedings interpreted or is he seeking to just
have any sort of testimony that he gives interpreted i i think at this point um it just
he's fine in english sometimes he has a little issue um understanding specific words so maybe
just when he gives testimony um we could have the interpreter i mean we don't he's he tells me he's
okay going forward without without the interpreter so i mean do you anticipate do you anticipate
having him testify uh just briefly um we have we have submitted quite a few documents in support of
this um and and we and i will respond specifically i've not seen councilman squilla's letter
uh but i have seen the community letter so sorry um miss l you were going to say something yes i
just want to let you all know that the interpreter has been allowed to speak and just for the record
please let them introduce themselves.
Thank you.
I think we'll keep them on standby for the duration of the hearing
if your client, Ms. Maslin, needs assistance testifying.
Thank you.
All right.
The interpreter, please state your name and spell it for the stenographer.
Hello, Mr. Chair.
Hello, Mr. Chair. Are you able to hear me?
Are you able to hear me?
I can.
I can.
Thank you.
Thank you. My name is Nisei, your Cambodian interpreter, IDR as in Romeo, G as in Gulf, 093.
Am I allowed to also introduce myself to the client as well, sir?
Sure. One minute. Just let me swear you in, okay?
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Sir, excuse me, Chair. This is the court reporter.
Could I have the interpreter's full name, please?
Spell your name again, please.
Yes, sir.
My name is spelled N as in Nancy, I as in Igloo, S as in Sam, A as in Alpha, Y as in Yankee.
My last name is spelled H as in Hotel, A as in Echo, N as in Nancy, G as in Giraffe.
Thank you.
Could you please introduce yourself to the client?
Thank you.
Also, Mr. Chair, your interpreter is speaking.
So just to be clear, should I just be on standby and jump in?
Yeah, just stand by when we need you.
And thank you so much for doing this.
We appreciate it.
My pleasure, sir.
And, Mr. Chair, while we have her right now, why don't we swear in the client?
And since he's right here, we'll be all set.
Could you have your client state his name, spell for the court stenographer, and I'll swear him in.
My name is Sovan Nangun.
My first name is V-A-N-N-A.
My last name is N-G-U-O-N.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Thank you.
Our Vice Chair has a few questions for you, Counsel.
Certainly.
Good afternoon, Counsel.
Do you agree to weigh the reading of the refusal or stipulate to its accuracy?
Yes, we can stipulate to the refusal.
It states what it is.
It's a document.
So we would stipulate that it is what it is.
Thank you.
Have you emailed all the required documents and exhibits that is needed and required to
proceed with this case five days in advance of this hearing I believe we have put in everything
thank you ma'am uh thank you counsel please proceed and share the screen
okay um and it may take me a couple of tries here but um may get into my documents no I don't want
that. There we go. All right. And let me get here. Oops. I got to get into my, I got to find which
one's the correct one. Okay. The first document here you will see is the notice of the refusal.
Basically, what this case is about is the Raxmay Anchor Corporation has been previously approved
variants for the properties at 706, 708 Porter Street for use as a commercial business as a
beer distributor. He has been operating in that capacity since 2014. And to my knowledge,
and I have not found anything, there's really no liquor board citations or anything of the sort.
What he has done is he has purchased the properties immediately adjacent on each side
of his business. The 704 Porter Street property and the 710 Porter Street property. 704 is
currently approved for use as a single family home. 710 is currently approved or at the time
of his purchase for use as two residences, two apartments. What he wanted to do and what we have
done just to give you a little background is initially we um wanted to we did a lot line
adjustment um and that required having a um having a that approved and that was done and i can show
you that document um i'm just going to skip through here until i get to it um
Nope, not that one.
it's here i know it's here we did a deed of consolidation back in 2022
and part of that deed in consolidation as you'll see me scrolling through here
is an exhibit of a new legal description done by Juron Surveying,
which was reviewed and approved by the Board of Surveyors.
So we now have the property listed as deeded as all into Raxmay LLC.
see. Um, once we did that, uh, I then, um, requested, um, a lot line adjustment through
L&I. And I did a second one, um, in order to do the expand, what, what I refer to as
an expansion of use, because that's what this is in a sense, in essence. Um, and in working
with L&I, they indicated that they would issue a refusal because the lot line adjustment could
not be done without an approved use of all of the properties. So that is why we are here today.
We filed the appeal of which I have provided that document as well. For some reason, it appears that
the first page appeared before the second page. And again, the lot adjustment would
change the use of the two adjoining parcels, 704 and 710. What Mr. Nguyen is looking to do
is expand Porter Street Beverage into the first floor of each of the 704 and 710 properties,
and then rework the upstairs for the existing properties and rehab them to the extent where
there would be an apartment above each address. So it would be a four-unit apartment with a
business on the first floor. So the object is the beer operation gets bigger is what we're saying,
Yes, the beer operation gets bigger.
And one of the reasons, and Mr. Nguyen will testify to this, that ever since, particularly since COVID, both between COVID and the continuing approval of new products and that, you know, get sold out of a beer distributorship, he has run out of space.
and we can show you and I'll have him identify these but we honestly believe and Mr. Juan
honestly believes that his property will be less of you know will will actually
increase the safety and welfare of the neighborhood by having things like this you'll see
exhibits A, 12A, 12B, and 12C. I believe there's one more in 12D. This is what happens when he
gets deliveries. Because they cannot come into his store with pallets of beer, they sit out on
the sidewalk until he is able to hand cart them in. And what this variance, what this expansion
of the beer distributor business will do would his plan is to open up 704 that um the beer delivery
folk can roll the beer right into that side um it would never be it wouldn't be on the street it
wouldn't be out in the open causing a hazard on the sidewalk um it wouldn't be open for theft
wouldn't be open for um vagaries of weather um or blocking the saw as i said blocking the sidewalk
so that would enable that um and it would not we're not looking for a loading dock or anything
like that it's basically he would roll that stuff up he would put a ramp on the inside and roll it
up and in um and uh on the other side would just be he would be able to expand the area where his
coolers are and where his product is. Some product is
in coolers. Some product is out
by the case. Let me find those pictures for you.
My computer likes to alphabetize
things in the wrong manner, so I apologize for that.
the first floor of all four locations become part of the operation correct correct so and right now
the first floor of all four locations
um as you and if you look at these some of these are sideways but as you um can see some of these
when you walk into his store this is the front of the store um it is piled with sodas and beverages
um and there's very little room to get around um and um it's gotten to the point where it's you
know it's difficult to operate the business um the business has done increasing business since
covid it is a neighborhood business um they sell ice they sell soda they sell beer um they sell
some cigarettes um there is a limitation no loosies no cigarette paper they don't do that
they sell cigarettes by the pack um and you will see there are bathrooms here um and as you and
you guys will be able to uh scroll through whoops one's upside down be able to scroll through these
at your leisure this is the back exit to um 706 708 it's on the 708 side and it leads to about a
three-foot alley back there. And the alley is locked at both sides. He has access from the
Beulah Street side and his neighbor, Bodega, which is on the corner, which you'll see in the exterior
photos, has access from that side. And I can show you those, give you an idea so that you have
a little bit of an idea of what we're looking at.
There we go.
And these are under Exhibit A11, A through, I think, G.
And you will notice that this is the outside of the store.
We would be looking to expand to this building and to this building,
remove this at 704, this porch that sticks out.
Yeah, the front porch. And you see there's a door here. There are doors here. Those would
eventually lead up. There would be access up to the apartment, separate access as is required
by law. You will note, I took pictures of this just to give you an idea that Mr. Nguyen,
if they have a problem with theft or an issue, they put up pictures of people, you know, so that
If anybody in the neighborhood recognizes them, they can be banned from the store.
Counsel, why don't you tell us what happened at the RCO meeting?
We actually had two meetings.
The first meeting was with Councilman Squilla alone, and there were three or four people there, and the biggest issues are trash.
and Mr. Nguyen what he does is he goes out two or three times a day and he cleans up he makes
sure people don't drink out there they're not allowed to loiter out front they can't drink on
the highway and you know and he does sell lottery tickets so there are people in the neighborhood
who will do their scratch-offs and drop their lottery tickets but he cleans up he cleans up
along the entire sidewalk along his property,
and he cleans up in the gutter in the street as well.
One of the suggestions was from one of the company
or nearby the Washington Square community organization,
which was not part of this really,
but he's more than happy and he expressed,
you know, sure, I'd pay someone for a few weeks
to come in and keep the place clean
and that will keep people, you know, kind of with a learning experience, hey, don't drop stuff.
You got somebody out here that that's all they do. We talked about trash cans on the outside.
He keeps one on the inside. Trash cans on the outside encourage loitering.
And we're looking, you know, maybe the city would put one up. We then met with the Lower
Moyamensing. And the number of people at that meeting were the 10 board members and five
residents. Two of the residents, I believe, were a married couple. And again, their issue was
trash. And you'll see, and he didn't know I was coming to pick up, you know, coming to take
pictures on these days. But you can see the place is clean. You know, sure, is there a can or
is there a can or something that somebody occasionally leaves?
something that somebody occasionally leaves, and he goes out and he checks and he makes
And he goes out and he checks and he makes sure.
And he cleans in the morning, he cleans during the day,
and he cleans in the evening before he closes.
And they are not open late.
They are open to, I believe, 8 p.m. during the week and 7 p.m. on Sundays.
And the area you will see is, while it is very residential and it is RSA 5,
There are a significant number of businesses.
This is across the street.
It is a laundromat, a large laundromat, and he is willing.
He doesn't have access.
There was a complaint by one individual that said, oh, people go over there and drink while
they're doing their laundry.
Well, he's more than happy to go over there and say, hey, guys, you can't do that.
But he doesn't have a right to do that.
He doesn't own that property.
We've been trying to get in touch with that owner to say, hey, you know, we're happy to
work with you to try and keep, you know, if they come out and they're drinking a soda
and having a sub, that's, you know, great.
But they can't sit outside, even on, I don't even know if they can on private property
in Philadelphia and drink.
And actually, I guess they could, if they're sitting on their own porch, they could be
having a beer out there.
So that's not really within his control.
um there was one instance that someone raised uh that there were uh two individuals hanging
out front drinking right right by the store in front of the 710 property and i spoke to my client
he would he would verify this through testimony that at the time it occurred based on when these
pictures were taken it was back in february he and his wife and family were out of town
at a funeral out of the country, and they had somebody running the store for about two weeks.
So, yeah, there might have been a couple of hiccups, but they are well-liked in the neighborhood,
and as I said, we had five neighbors show up, and based on those five neighbors,
that, and I guess the board, that is what incurred their refusal, and I should note,
And I can show one of the exhibits is an email between myself and Todd Schwartz, the zoning board guy at Lower Moyam-Ensing, where when we got off, when we were getting ready to sign off from the community meeting, I said to Mr. Schwartz, I said, Todd, you know, if there's, give me some parameters.
Give me something, you know, that my client could do what you would like to do, you know,
clean four times, whatever it happens to be.
Give me some proposals that my client and I can look at.
We can get back to you and see if we can come up with an agreement so that, you know, my
client is able to operate a good, safe business or continue to operate.
And, you know, we can go from there before we get to the hearing.
And this hearing was on March 11th.
one of my exhibits notes March 14th, but it was March 11th. I followed up with him. I never heard
back from him. Um, and you will note that the date on the refusal letter is, um, a couple of days
ago. So we had no idea we've had no contact. We've, you know, my guy has made effort, but, um, we've
gotten nothing back. I will also note that we have over 400 signatures from people in the area,
customers in the area and the neighborhood in support of this zoning application. So we have
some 400 people, I believe it came out to 414, that are in support of this, yet only five people
showed up at the community hearing or at the community meeting.
So I'm not sure, I don't believe that this expansion of the variants is detrimental to
the neighborhood.
In fact, because of the way the beer deliveries are, because of the closeness in the business
in the event of any emergency, it will actually make it more safe for the citizens and the
neighbors and the customers in that area because it will allow more space, more ability to handle
the customers. And at the same time, it's promoting residential by having the apartments upstairs.
So why don't you have your client adopt your testimony?
I can have him do that.
Let me have him do that.
Mr. Yuan, have you heard each and everything that I have said?
Yes, I have.
Has each and everything that I have said been true?
It's true.
And is there anything I misstated or said incorrectly?
No, you said correctly.
So what has happened and what you stated.
Is there anything that you would like to add?
I think one thing that I would like to add is when the beer is from outside, at outside
I think it's
one thing that I would like
when we unload the beer, the thing is we have people stealing and people robbed.
It means right there you stay in front of me and walk away.
You can do nothing about that.
It's called small problem.
And when we call to police 9-1-1, they say, no, don't follow up.
I mean, don't follow them.
Don't check them.
Just let go.
Believe it or not.
That's dangerous for us.
And have you had a lot of theft?
Yeah, we have when the VA is outside.
And let me ask you one more thing so that the board understands.
What is the condition of these two buildings, 704 and 710?
I think it's an old house, an old building, so right now we need to do a lot of repairs.
It's not just repairs, just take the whole thing out, like the floor, it's a wet shape.
We need to repair the floor, the wall, and also the roof, it's been leaking, so the roof.
Would it be fair to say that you need to take everything out of these buildings and rebuild to make them usable?
And safe?
It means that we better do it that way.
So based on this, everything that we have presented is true and correct.
Best of your knowledge.
My knowledge, yes.
So questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
not at this time mr chair questions or comments from the virtual audience
yes chair i have a hand up by the name of jill tropea has been allowed to speak
sure hi could you please state your name and spell for the court stenographer
hi my name is jillian tropea j-i-l-l-i-a-n-t-r-o-p-e-a right do you swear or affirm to
tell the truth the whole truth nothing but the truth i do are you a neighbor yes i am i live on
7th street diagonal diagonally from quarter beverage please start your conversation um my
husband owns a garage right next to maytag laundromat so normally we park our truck there
and i don't know if i could turn my camera around to show you but um this is the truck in front of
my house why i can't i can't see it but just give me an idea what the what the problem is tell us
what the problem is so he has people going in the store they call me out they stand in front of our
garage that we're trying to currently sell and they pee on our wall they were peeing on our
trucks or throwing the beer bottles in the truck i mean it's just a mess i'm not just claiming
porter beverage because it's seventh and snyder so so it's not just one it's it's it's both i mean
And right now, I'm currently standing on my step, and I'm watching two Mexican guys walk up, and one has a beer in his hand.
And they're going to drop.
And they're coming from Sevenths and Porter.
Yeah, Porter, Beverly.
All right.
Well, thank you very much.
We appreciate your input.
Thank you for calling.
Thank you.
Who else do we have in the virtual audience?
There are no more hands.
Planning Commission.
Thank you, Chair Bergman, and good afternoon. David Vecto, F-E-C-T-E-A-U, with the City Planning Commission.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Please proceed, David.
Thank you, sir. Mr. Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.
This property has a documented history as ground floor commercial with second floor residential.
And the multifamily use appears to be an existing condition at 710 Porter Street.
However, even without the desired expansion, the appellant would still be able to operate their business and derive value from their property.
So the City Planning Commission recommends the board grant the variance for multifamily use, which documents an existing condition,
but deny the expansion of the retail sales of food, beverages, and groceries.
Well, we're going to take this under consideration.
I'm going to back on next Wednesday and talk in an executive session with the members of the board,
and we will vote next Wednesday at 2 p.m. on your request.
Thank you very much. We appreciate it.
and thank you to the interpreter for standing by
and we appreciate your help.
Thank you.
All right.
Thank you.
Thank you.
Okay. Number three, MI 2023-005-925-1715 of the rear of McKean Street. Jared Kline is the attorney. There's a letter of support from the East Point Breeze neighbors.
Number three.
Jared Kline has been promoted.
Good afternoon, Mr. Chair, members of the board.
Counsel, could you state your name and spell, please, for the court stenographer?
Certainly. It's Jared, J-A-R-E-D, last name Klein, K-L-E-I-N, from Knockamson, PC, 1 South Broad Street in Philadelphia.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client, the relationship to this property?
Yes, my client is a brewery ARS, and they are the tenant of the first floor of this property.
And our vice chair has a few questions, sir.
Certainly.
And as a nun, counsel, do you agree to weigh the reading of the refusal or stipulate to its accuracy?
Yes, I do.
Have you emailed them all the required documents and exhibits that is needed five days in advance of the hearing?
Yes, I did.
There was some technological issues with the transmittal, but I spoke to Ms. Emerson this morning and believe everything is in order.
Great, great. Thanks, counsel. Please proceed to share your screen.
Thank you very much.
So we're here on behalf of Brewery Ars, which is an existing brewery in Philadelphia.
They have a tasting room and brewing facility in the West Paschalk area.
And they're moving into or proposed to move into a location that I actually was before the board last week on.
This this this property, as I mentioned, used to be the Abbott's Dairies building.
It was then a cabinet manufacturing facility for the the last lengthy time period.
The cabinet facility has moved out and the building is being repurposed into these types of of maker spaces.
The refusal that we got is for a sit-down restaurant.
The site is zoned I-2, although everything around it, it does not share the industrial zoning.
This particular parcel remains zoned I-2.
And the proposed use of the brewery, the brewery standing alone with the manufacturing of beer would be an approved use.
But this concept also includes dining to go with the brewery.
There is a Mexican restaurant that is going to also accompany them in the space and provide food service, and that's what's driving our refusal here.
To orient the board, just for context of the site, this is where we are here.
As I explained, this is McKean Street down here, 1715 R fronts onto McKean here.
There's this open courtyard, and the R building is this portion of the property back there, which is where the brewery is going to go.
um aerial view of the property this is the mckean street property right right there
um and some information about the current space for the board to have context this is their
current location in the west pass yunk avenue um this is uh some of their manufacturing equipment
it's going to look similar uh to this but it will be in a larger space at their new new location
Some examples of the brewing tanks.
And just for context and reference, the front of their existing facility, which, as you can see, they keep it nice and clean, nice and clean looking.
This is the 1715 McKean Parcel.
The R building is back here through this open courtyard.
So the entrance to the brewery will be through this garage door back there.
There's also a side door here for days or times when this garage door is closed.
this is looking um through the uh alleyway out towards mckean street
uh and this is now to the right and left of the of the of the site um there is a floor plan here
uh let me see if i can uh rotate this for the board here we go
of course it wants to come out the wrong side up there we go this is the proposed floor plan
again it's the it's the rear building first first floor area here so as you walk in
you're going to have an outside dining area that is underneath the overhanging roof
space for tables bathroom facilities and an open bar here in this middle section will be the
uh in this middle section will be the kitchen facility there's an exhaust hood and commercial
kitchen facility. There's an exhaust hood in commercial kitchen.
kitchen set up here barware along the front and prep tables along the rear a refrigeration area
and then to the back this is where the brewery will actually be set up uh with the brewing tanks
the samples of which i i shared a couple slides ago um we uh as the chair mentioned i believe
as i was coming in we did meet uh with the civic association and they uh provided a letter of
non-opposition which are actually a letter of of support that is before you now uh there were 18
people who attended the meeting 12 of them were near neighbors um with the exception of one
individual everybody was in support of the application uh and there was a letter uh a
summary letter of the items that we talked about at the meeting um that was you know very positive
feedback both in terms of their existing business and what they propose to do here
um there is uh one of the suggested items was a loading zone we are endeavoring to uh have one
of the spaces in front of the property be designated as a loading zone and working with
the streets department to do that. With that, could I ask Sean Arsenault to raise his virtual
hand if he is in the audience? Sean Arsenault, if you're in the audience, please raise your hand.
And I see no hands raised. Mr. Klein, you're an officer of the court. We will take your testimony.
Thank you, Mr. Chair.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney?
Briefly, Mr. Klein, I don't know if you saw my email earlier, but the copy of the lease that was received was only signed by the landlord?
Yes, I sent you an email thereafter with the full copy.
okay there i think there must be something with your emails because i did not see it
could you mind just pulling it up on the screen quickly so we can see it
and then we'll just try resending it afterwards yes certainly if you if you bear with me one
moment i will uh i will endeavor to do that
one second miss emerson oh not a problem
yes so here here is that uh signed on the cover page and then scrolling to the end of the lease
okay uh there's a signature line there all right thank you so much yeah we'll just we'll have to
work out sending i don't know what's going on with the email but thank you we'll try to try
send that again when you have a minute thanks so much absolutely yes as soon as soon as we conclude
i'll send copy questions or comments from the virtual audience there are no hands here planning
commission good afternoon amy boyd a-m-y-b-o-y-d with the city planning commission do you swear
or affirm to tell the truth the whole truth and nothing but the truth i do please proceed
The comprehensive plan recommends a change from I-2, general industrial, to industrial and residential mixed-use zoning at this location.
The proposed sit-down restaurant would be allowed by right under the recommended zoning.
The City Planning Commission recommends that the board grant the proposed use variance for a sit-down restaurant.
Thank you.
MI 2023-005-925-1715-R, McKean Street.
I vote yes with proviso. Use limited to suite 103. Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso. Ishmael Shahid, my vote is yes with proviso.
Thank you, counsel. Thank you very much. Have a good afternoon.
All right. We're going to go to number eight, MI 2023-006-280, 4430 Longshore Avenue. Sean Ward is the attorney. Letter of non-opposition for the Taconi Civic Association.
Sean Ward is coming back in as a panelist.
it's it's not letting me promote him can someone else try please
i'm trying now thank you oh there he is i think he's coming in now
good afternoon mr chairman and members of the board
would you please state your name and spell it for the court stenographer
Of course. My name is Sean, S-H-A-W-N, Ward, W-A-R-D, Esquire, attorney for applicant and owner of the premises at 4420-30 Longshore Avenue.
You swear a firm to tell the truth, the whole truth, and nothing but the truth?
Mr. Ward, could you identify your client?
My client is Greg, G-R-E-G-G, Argentina, as in the country, A-R-G-E-N-T-I-N-A, record owner of 4420-30 Longshore Avenue.
He is on the call, however, via cell phone.
And we have our design professional, Ray Brogdon, who is in the audience.
Our vice chair has a few questions, sir.
Of course.
use or stipulate to it yes I do 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 yes I have
thank you council please proceed all right Mr. chair at this time I'll share my screen please
All right, Chair, can we confirm that my screen is visible?
Your screen is visible, sir.
Okay, and I do hope and promise that everything is oriented in the right direction, and we can get through it without flipping screens.
Again, I represent Greg Argentina.
He is the record owner of the subject property.
at 4420-30 Longshore Avenue in the Taconi section of Philly for its hearing date today.
There was an application filed for the relocation of lot lines to create three lots from one lot,
which would now be Parcel C, is the continued use of the existing building,
which fronts on, I believe, Longshore, yeah, and then parcels D&A are fronting on Jackson Street,
and that resulted in four refusals, one for landscape buffering, one for occupied area,
and two for rear yard requirements. So accordingly, we seek the dimensional variances
as contained therein.
That is under A1, the notice of refusal.
So A2 is the application of appeal.
A3 is the project information form.
A4 is proof of ownership, which is a copy of his deed.
A5 is proof of tax clearance.
A6 is the subdivision plan with the legals
as approved by the 5th Survey District.
A7 are site zoning and elevation plans.
A8 are the proposed landscaping area because that is raised in a refusal.
A9 are the photographs.
A10 is the RCO meeting notice with the certificate of mailing.
A11 is the RCO letter from Taccone.
When I submitted the exhibit packet, I had not yet received the letter.
However, that has been submitted and chair before I was promoted.
I don't know if you're aware of this, but when you're promoted, you kind of lose contact of what the chair is saying until you're promoted.
And I believe you had indicated that it was a non-opposition letter.
Yes. I believe that may be a letter of support, but we'll bring that up when it comes to it.
Sure. With regard to the.
Sixth Council District letter, I do have confirmation from both Tom Forkin, Councilman Driscoll's chief of staff, and Stan Sawinski, who is the zoning liaison, that I am authorized to acknowledge to the board that there is no opposition from their office on this application.
As far as relevant zoning history at A13, there was an addition to an existing structure for continued vehicle repair.
There is an addition to an existing structure for continued vehicle repair.
A14 and A15 are the zoning map and aerial photograph.
Having said that, we have the notice of refusal.
We have the application of appeal.
I'm not going to bore the board with all the details there.
The PIF, I want to transmit a letter.
Copy of the deed from 2004.
Proof of tax clearance under OPA and the Revenue Department, it comes up as 4430 Longshore.
In a nutshell, the primary building of the property, this is the survey plan approved by the survey district.
The primary structure, France on Longshore, it had a lot behind it, which we're looking to subdivide into two additional lots with access from Jackson Street through an existing curb cut.
We have the three new legal descriptions.
This would be the existing site plan.
Again, the proposed site plan.
Again, the primary structure that is owned by my client, Frunzel and Jackson, the lot behind the structure would be subdivided into two different properties owned by my client with the construction of two adjoined buildings on that site.
with regard to the landscaping i'll increase this a little bit uh there is a buffer yard
along the uh the backside facing from jackson street to the adjoining property owner and uh
and and i didn't mean to do that um and the uh adjoining property owner at uh 68
8616 or 6818
Jackson Street, which I represented in years
past for a daycare and whatnot.
Hold on a second.
Zero. All right. Copy of our zoning posting
posted on the corner of the building.
Just for the record, that's my vehicle with the tailgate open.
This is a Google angle you have out here is Gillespie Street.
This would be Longshore Avenue, and then Jackson Street runs along here.
The primary structure fronts here on Longshore Avenue, and we're speaking of the vacant lot behind, which currently shows storage of vehicles.
This is a picture of the Longshore frontage.
Again, my vehicle to the left at the front of the building.
This is the Jackson Street photo.
This is a Google Street showing the front of the subject lot to be subdivided.
This is a straight-on shot of the existing fence of the fenced-in area of that lot.
Again, that would be removed for the access to the buildings.
Again, just another Google Street corner view.
That Toyota or whatever that is there is no longer there.
The red Chevy was there at my last visit.
This is a copy of the Taconi RCO notice of meeting.
It included a copy of the refusal.
These are the addresses as provided by the Planning Commission.
This is my certificate of mailing, indicating that identical pieces of 58 mailings went out regarding this property on February 23rd.
This is regard to the zoning history.
As previously indicated, it was approved for vehicle repair and maintenance.
the property is zoned CMX2 commercial.
Again, looking at it from the
aerial view.
Argentina and
Sons Roofing is my client that owns
the property facing longshore as well as
the lot. I outlined the lot
in red to be subdivided.
And that is basically the sub and substance of the application packet which was submitted.
let me please go to
Let me please go to. All right. Are we seeing the tech honey letter? We are. Okay. As you can see. All right. Yeah. I stand corrected. You are correct. Chair. It does say non opposed.
In addition, they did provide a letter of explanation just indicating that they do not oppose the granting of the variance request.
Again, I did confirm via text message today with Stan Sawinski, that's C-Y-W-I-N-S-K-I.
Stan is the zoning liaison for Councilman Driscoll, as well as Tom Forkin, who is Councilman's chief of staff, that there is no opposition to the grant of this application.
For the record, I also have Ray Brogdon, who is our design professional.
He is in the audience.
If you need to hear from him, he can raise his virtual hand and be allowed to speak.
Mr. Argentina is attending or participating via cell phone.
He was not sure how to raise his hand or whatnot via cell phone.
And I never do it by cell phone, so I don't know how to do that either.
But as an officer of the court, I can represent that both Mr. Argentina and Mr. Brogdon have reviewed my exhibit packet,
and they would verify that it's true and correct to the best of their knowledge, information, and belief.
And they would adopt the same as their own testimony.
Questions from the board?
No, Mr. Chairman.
No, Chair.
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 Commissioner.
good afternoon chair david vecto with the city planning commission chairman and board members
the comprehensive plan recommends no change to the commercial mixed use zoning at this location
there is no unique physical condition or circumstance of this property that would
prevent the appellant from complying with the rear yard depth occupied area or landscape
buffering requirements in the zoning code the city planning commission recommends the board
deny all four variances the word you want to respond before we vote uh mr chairman given
you know i'm sure i'm sure at least the chair and you know if not all the board members are
familiar with this area this is uh down there in tech county uh just just off of uh state road
milner street uh it is a mixed-use area used to be the distant estate um the the improvements to
this property would represent an improvement, given the fact that we have that fenced-in
area in the back, which will be eliminated.
The construction of two new structures would definitely be an improvement to the community.
Again, I've represented the adjoining owner at 6816 or 8616 at Jackson.
I can't remember the address off the top of my head.
But, you know, they would have definitely reached out to me if they had a problem with it.
And given the fact that we send out all those mailings and not one person showed up in objection to the application,
I would ask that the board take judicial notice that there is no opposition from anybody in this application other than the Planning Commission.
Thank you.
M.I. 2023-006-280-4430 Longshore Avenue. I vote yes.
Thomas Holloman, my vote is yes.
Dishmael Shaheed, my vote is yes.
James Snell, my vote is yes.
Thank you. Thank you very much.
Number nine, MI-2023-006-944-5245, Oxford Avenue.
Alan Nockamson is the attorney.
There's a letter of opposition from the Frankfurt NAC.
Mr. Chair, this is Hillary.
We've also since received a letter of opposition from Council Member Lozada.
Thank you.
okay and there's a let there's an applicant provided a petition in support from approximately
10 neighbors there's another apartment building on the block good afternoon counsel could you
please state your name and spell for the court stenographer yes alan knockamson a-l-a-n last name
knockamson n-o-c-h-u-m-s-o-n do you swear or affirm to tell the truth the whole truth and nothing but
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
the truth? I do.
But you identify your client, the relationship to this property.
So there are two corporate entities that own this property, Oxford Apartments LLC and Y2K Abstract Oxford LLC.
In a virtual audience is its representative, Shlomo Runfield.
Our vice chair has a few questions, sir.
Good afternoon, counsel.
do you agree to waive the reading of the refusal or stipulate to its accuracy i do have you emailed
then all the required documents and exhibits that is needed and required to proceed with this case
five days in advance of this hearing uh yes we did thank you counsel please proceed and share your
screen thank you all right so we have here uh what is the 36 unit apartment building this is
a CMX2 property. What we have of record is legally 27 units. At some point prior to my
client's ownership of the property, a few offices were converted into residential units, nine of
them. By the way, the building's fully occupied. After my client purchased the property in the
process of getting the rental licenses, they were surprised to see that they only gave rental
licenses for 27, not 36 units, even though it was advertised as such, and even though physically
it's 36 units. They hired my law firm to legalize this apartment building as 36 units. And as the
chairman stated, there's another apartment building of 50 units on a block. So it's not
out of character to have apartment buildings of this size in the neighborhood. So as part of this
process, we obtained a notice of refusal. And we met with the Frankfurt CDC, and we were a little
bit surprised with the letter that we received. So first of all, there's no vote count in the
letter, which is statutorily required by every RCO whenever they have a meeting to state what
the vote count was. When we met with the community, we thought it was, again, the community was in
favor of it. Actually, two sets of tenants actually came on to the community meeting and
indicated how happy they were with the change in ownership. So while we didn't increase the
amount of units, it was 36 when we purchased it and still 36 units. Like what we did do was
completely refurbished inside cosmetically the building. We didn't do anything that would require
alteration permits, but more cosmetically like carpet, paint and such. And the tenants that
came on board said, the property is better managed. It's nicer inside and we really
appreciate this landlord. So, you know, people supported this project verbally at the community
meeting. In spite of that, we get like a paragraph letter saying, well, they didn't get permits.
We're against it. Well, that's why we're here. We're part of this process. And as the board
knows, the zoning permits just wants the first step, hopefully, of this process, where if we're
so lucky to get a variance approved for these 36 units to legalize nine of them,
then we would have to get a CO for the remaining nine units, which are at controversy or in
controversy. And we embrace that. My clients know that they're going to need to go to L&I and get
a building permit and a CO for those remaining nine units. And that's something that we'll
hopefully have to deal with after this hearing. So in addition to having tenants who are happy
and other neighbors who were supportive of that.
My client circulated a petition of people nearby.
And again, there's not a lot of nearby neighbors.
There's another big apartment building.
And I think they got some of those individuals
in that apartment building in support of this project.
And then I just want to give the board
two documents in Exhibit 4,
which is the zoning permit showing
that this is a legal 27-unit apartment building.
So it's not like we're starting from one to get 36.
We're starting from 27 to get 36. And again, my client didn't do anything improper or legal, more so they got duped when they purchased the property.
But in addition, there's a, you know, what happened is from our review of the records is that only the first and third floors were changed essentially.
That's where the offices were. And then that's where the residential units, additional residential units popped up.
So we gave you the certificate of occupancy that we found in the zoning file, which kind of shows how the building was laid out.
And, you know, from our review and our client's review of this matter, it's only the first and third floors that were slightly altered.
And when we go through the floor plans, we'll show you that's the only floors that we're showing.
But everything else is, you know, exactly how it is of public record.
And again, it's not uncommon to have an apartment building of this size.
And again, it's not uncommon to have an apartment building in this size.
And actually, this is an apartment building.
And actually, this is an apartment building much larger, essentially next door to us.
And you'll see that in terms of zoning permit.
And then maps of the area and then photographs of the interior of the property.
So we kind of want to show you the units as, you know, cosmetically enhanced.
And then we have photographs of the surrounding area and the property itself from an exterior point of view.
And then just our floor plans. And just so you understand, they have a dedicated super on site who lives there.
So it's important to make sure that we are responsive to our attendance and to the community at large as well.
And then our RCO meeting notice. And again, it wasn't called a tenant meeting.
And we thought that people were in support of it. That's why we would like to see the vote count,
which has not been included as part of the correspondence from the Frankfurt CDC.
Then there are applications for appeal that we filed on behalf of the property owners.
Our deed to the property showing that Oxford Apartments LLC as well as Y2K Abstract Oxford LLC jointly own the property.
And then our Certificate of Tax Clearance showing that there are no real estate taxes due on account of this property.
And then at the conclusion of my presentation, I would ask that Shlomo Grunfeld virtually raise his hand, be sworn in, and I'll have a few questions for him.
So the notice of refusal here, again, we're taking a CMX2 property. We're looking to legalize nine of the 36 units. And what we're trying to do here, and you'll see from the pictures that commercial would not make sense on the ground floor, is one of the refusals has to do with the fact that we don't have commercial on the ground floor, which is not out of character to what it looks like to the surrounding neighborhood.
but also the amount of units that were allowed under the code.
Again, we are allowed 27 as a way of a zoning permit,
and we're just asking for those nine additional units, which are currently occupied.
And then the correspondence, again, this is the one paragraph we received.
The Frankfort NAC zoning committee had a Zoom meeting on Thursday, March 14th.
The applicant was seeking a variance for 36 units within an existing structure.
They already had a rental license for 27 units, which is correct.
There were 26 people in attendance.
I believe that's correct.
There were no permits issued for the work that was done for the additional units.
Therefore, we are denying their request.
Like I said, it would be nice to know how the people in the audience voted, because
from what we got gathered, it seemed pretty positive.
And I think that's the purpose of this process, is to understand what the community is thinking.
And then, obviously, the advisory committee, neighborhood advisory committee, can give their separate opinion and maybe have a separate vote, but, you know, that's why the people show up for the 26 people in the audience.
And then, again, we circulated a petition on people on that block who are in support of this project.
And then, again, the zoning permit application, as you can see here, 27 units are, you know, allowed by way of the zoning permit.
permit. And then you can see we got a statement of occupancy, which kind of breaks down, you know,
how those units are differentiated. You know, the 27 units are residential units. And then there
were some commercial units on the first and third floors, which again, apparently the previous owner
changed without our knowledge. And then again, there's a 50 unit apartment building down the
block at 5231 Oxford Street. And then maps of the area
here. Again, we're not trying to convert an RSA 5 property into
multifamily use. We're not starting from 1 and hoping to
get to 36. We're at 27 to 36. There were multiple commercial
units on the first and third floors that were converted. We're trying
to get a zoning permit and then obviously a CO.
And then interior photos. Again, my client did a nice cosmetic
update of these units. And I think that was appreciated by the people in the audience who
are tenants. And then photographs of the property. So this would technically be the commercial aspect
of the building. There's nothing about this building that speaks of commercial use from a
physical point of view. Maybe there was a history of some offices in there, but again, this is not,
you know, 30% of the frontage of this building going backwards would have to be commercial in
nature. I think that would be very difficult given the physical composition of the building
and the fact that it's already been converted to residential on the first and third floors
as well. And then these are the notice postings. And then this is Oxford Street from the right
from the right and left. And these are our plans and drawings. And this is just, again,
and left. And these are our plans and drawings. And this is
the first floor and the third floor, because those are the two floors that we have here.
But, you know, in the lower level, you know, I think we're very responsible where we have storage
space and we have a laundry room down there for all the tenants. So, you know, these are just,
again, the floor plans that are, again, for the first and third floors where there were some
conversions of offices that we did not know about. And then our meeting notice. So we met on March
14th at 5 p.m. We also emailed the notice a few weeks prior to the meeting to the coordinating RCO,
the district council member zoning aid. 62 addresses were notified of that meeting. And these
are the list of the addresses. And this is proof of mailing separately to those addresses. And
our application for appeal that we filed on behalf of our clients and the deed, which they
shows that they own the property, Oxford Apartments, LLC, and Y2K Abstract, Oxford, LLC.
And then finally, a Certificate of Tax Clerics.
Mr. Nockamson, he bought this property in 22?
Yeah, he bought it in November of 2022.
The work was already done in the building?
That's right. Trust me, he doesn't want to be part of this process. It was a shock to him when
he purchased it, when he got 27 rental licenses
rather than 36, he immediately took steps to legalize
this building. Thank you.
I would ask that Mr. Grunfeld.
Can you virtually raise your hand?
Sir, could you please state your name?
Excuse me, what was his name? I'm sorry.
Shlomo Grunfeld.
Okay, thank you.
Mr. Shlomo Grunfeld, could you raise your virtual hand, please?
I have a Nathan Ward and an Eli Seeger.
They're also part of the ownership group.
Okay, so should I allow both of them to speak?
I don't know which ones.
Okay, I will.
Thank you.
You're welcome.
hi good afternoon i could you please state your name and spell for the court stenographer
sure nathan ward n-a-t-h-a-n-w-a-r-d do you swear for him to tell the truth the whole truth
nothing but the truth i do and sir you're one of the owners i'm the the owner's expediter we
represent the owner the owner as expediter should be it could be it may be in under lec or maybe the
name of the owner which is that that you see um as well i don't know if he was raising his
virtual yes he's allowed okay okay mr mr seager could you please state your name and spell for
the court stenographer hi how are you uh my name is uh eli seager spelled e-l-i my last name seager
spelled s as a sam i-e-g-e-r you swear for him to tell the truth the whole truth and nothing
about the truth. Yes, I do. Please proceed, counsel. Yes, Mr. Seeger, you heard everything
I had to state today about your zoning matter. Yes, I did. And is it true and correct when I
stated? That is correct. And I may want to add one more item to what you mentioned. Everything
stands correct. The property, the rental license that we currently have in place is actually for
27 units however the property certificate that we have on file has the 27 dwelling units and nine
offices with the wireless service so it's not like we're adding anything like uh like you mentioned
now it's that we just want to convert for the rental license purposes um convert those nine
units into the uh rental to the rental units which it's the way it's currently in place and
We want to legalize it and do whatever it takes to have that done.
And, Eli, most importantly, you didn't do any of this work.
You bought it this way.
That's correct.
We have a multi-family.
We've done a tremendous amount of cosmetical work over there.
And we thankfully have lots of happy tenants in the area.
And most importantly, you adopt my testimony as your own.
That is correct.
Thank you.
Questions from the board?
No, Mr. Chairman.
Questions or comments?
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Yes, I have Eden Alfasi will be allowed to speak.
Hi, could you please state your name and spell for the court stenographer?
Yes, my name is Eden, E-D-E-N.
Yes, my name is Eden, E-D-E-N, Alfasi, A-L-F-A-S-S-Y.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Are you a neighbor?
Yes, I am. I live at 1116 Bridge Street, about a block.
Okay, please proceed.
yeah i just um i'm i'm not there right now but i i've been living there for about four years
ever since the new management came into place um with eli i just i've seen a lot of um i guess
medical work personally i know a lot of tenants that live in the unit in the building um just a
lot of positive experiences you know i i definitely um you know i just get a lot of cleanup in the
area and seeing them get rid of a lot of unwanted activity and so on.
So I just wanted to say that with the safer management in place, I'm definitely in support
of this zoning change to allow for more attendance because of the office space to facilitate that.
I'm confident they will continue with their great work keeping the area safe and clean.
Thank you.
Is there anyone else in the virtual audience?
Yes, Chair.
two hands are up. The first one is Lauren Moore. We'll be allowed
to speak. Hi, could you please state your name and spell it for the court stenographer?
Good afternoon, everyone. My name is
Lauren Moore. That's L-A-U-R-E-N-M-O-O-R-E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do. Are you a neighbor?
yes i am i live at 5231 oxford avenue and i've been here for five years so i've been here with
the old owner over here and i am now here with the new one please proceed
i just want to say that i have full support of this uh when i say night and day within the i've
I've been here five years.
It's been a breath of fresh air.
It's safer.
A complete turnaround from the simple things like trash in the parking lot.
The smallest things is like night and day.
And I really hope this goes well for Eli and them because we deserve it.
They have really took that place around.
All right.
Thank you very much for taking the time to call.
Do we have anyone else in the virtual audience?
Yes, that person by the last name of Pritchett will be allowed to speak.
Could you please state your name and spell for the court stenographer?
Do we see the hand up?
Can you please unmute last name Pritchett?
Can you hear me now?
Yeah, sure.
Could you do me a favor?
Could you please state your name and spell for the stenographer?
My name is Leilani. That's spelled L-E-I-L-A-N-I. And my last name is Pritchett, which is spelled P-R-I-T-C-H-E-T-T.
You swear for him to tell the truth, the whole truth, nothing but the truth.
Yes, I do.
Please proceed. Are you a neighbor?
Yes, I'm actually a, yeah, I live on 5231 Oxford Avenue. I've been there for about, I'm coming up on three years.
I've been with the old property manager and I've been there when sort of Eli took over.
And I also feel like there's been a great change.
There were basic things with my unit that I didn't have.
And I just, the old manager told me that it just didn't come with it.
I mean, and now to see it so much better has been very helpful.
All right.
Thank you very much for taking this time.
Is there anyone left in the audience?
doreen anybody left oh i see no hands this time chair hi planning commission
thank you chair bergman and good afternoon david effecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the commercial
mixed-use zoning at this location this property has a documented history as 27 dwelling units
and offices. The refusal for not providing ground floor commercial space is a current condition,
so the City Planning Commission recommends granting this variance. However, the appellant
requests nine additional dwelling units. They could have applied for the mixed income housing
bonus to earn between six and 13 dwelling units. These would be guaranteed affordable dwelling
units whose income restrictions would be enforceable by the city. Since this variance can be cured
through an administrative remedy while meeting the city's goal of providing real affordability,
while meeting the city's goal of providing real affordability the city planning commission
the city planning commission recommends that the board
recommends that the board deny the use variance for additional dwelling units
okay um council you want to respond to that so it's the lack of the benefit of the bargain here
my client purchased the property as an unrestricted property these are affordable units um but my
client did not purchase the property to be deed restricted and if they were to do that
that very likely would be a violation of their loan documents and they would be a breach of contract of sale.
Thank you. So, MI 2023-006-944-2244 Oxford Avenue, I vote yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you.
All right. Number 11, MI 2024-000600, 6558 North 5th Street. Darlene Treat is the attorney. There's a letter of support from the Oak Lane Community Action Association.
Darlene Treat is coming in as a panelist here.
Good morning, Commissioner Darlene, for the applicants.
Could you state your name, please, and spell for the court sonographer?
Darlene Threatt, D-A-R-L-E-N-E, last name Threatt, P as in Thomas, H-R-E-A-P-T.
You swear a firm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client in relationship to this property?
My client is NNMP Investments, LLC, represented by the principals today. On the line, David and Tracy Nugent.
Our vice chair has a few questions for you.
Good afternoon, counsel. Do you agree to waive the written of the refusal or stipulate to its accuracy?
Yes, I do.
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?
Yes, I have.
Thank you, counsel. Please proceed and show your screen.
Okay, can you see my screen?
Okay, I'll just move this a little bit.
Okay. Good afternoon, Commissioners. I represent Tracy and David Nugent, who are the owners of 6558 North 5th Street.
I submitted a package of information to the board, which contains approximately 12 exhibits.
We have the refusal, the appeal, the property information form, the deed, tax information.
I have licenses, plans, pictures, mailing information, and a letter of support from the Civic Association.
A commission is my client, Tracy Nugent, currently owns a nail salon in Melrose Plaza on Sheltonham Avenue.
She's been operating that salon there for over 20 years.
She was not able to renew her lease and she had to find a new location.
She was fortunate enough to find a location within probably a mile from her old shop.
and she would like to open up a nail salon at 6558 North 5th Street.
commissioners uh we applied for a use permit with lni and we received the refusal which is on the
Commissioners, we applied for a use permit with L&I and we received the refusal.
screen uh we were refused because uh the proposed use of personal services is prohibited in the rsa
5 zoning district the commissioners i'd like to give you a little bit of the history of this
property i just want to pull up a picture to show to you
Commissioner, this is the property in question. It has at least a 20-year use of commercial use
on the bottom here. For the last 10 years, this property has been vacant, but the 10 years before
that, it was a community flower shop. The property is also legal currently for two apartments on the
top. There is a one-bedroom apartment on the second floor, and there's a one-bedroom apartment
on the third floor. And I'll show you the licenses for that. Ms. Nugent would like to operate her
nail salon at this location. Basically, she will be open six days a week from about eight to six.
Currently, including herself, she has three employees. As you can see from the picture here,
and I'll show you the plan shortly. The tenants enter the building from the side here and go
upstairs. The nail salon customers will enter from the outside here. There's also an entrance
way back here, but that's probably just for employee use. The patrons will come in through
the front door. I'm going to go back here a little and just show you.
just reduce that for you. This is currently just the site plan where the building is currently
located. You can see it is a corner property located at the corner of 5th and 66th Avenue.
I'm going to scroll down a little to give you a side view and elevation of the property. This again
is the front of the property this is the side of the property as you can see it's a long property
this is the front door which is kind of like catty corner these are the two bay windows which
have a legal roll down gate turner this is another side entrance and this is a back
fire escape entrance for the tenants upstairs i'm going to scroll down a little bit more
And I have to enlarge this for you. I'm going to show you the layout of the interior of the building here.
Just make it a little bit larger.
As you can see, this is the floor plan of the entire building.
Again, this is the side entrance for the tenants to go upstairs.
This is the entrance to the nail salon here.
This is the waiting area here and a little reception area.
This is for the pedicures.
Here are the manicure chairs.
Here are the brow and waxing area.
Over here is the bathroom for the use of the tenants.
Again, this is the side entrance that one can come out the door with.
Just to show you that the client has all the requisite licenses, here is a copy of the current cosmetology license.
Here is a copy of the current rental license for the two units upstairs.
Here's a copy of the Nail Tech Salon License.
And here's a copy of the Commercial Activity License.
I'm going to scroll down a little now to give you an overview of where the property sits and what it looks like.
This is the rear of the property. As you can see, there are two parking spaces in the rear of the property.
And there is an additional entry or exit from this property to the first and the second floors.
That's a picture of the property looking south down 5th Street.
Here's a picture of the property looking north down 66th Street.
And that won't move over for me.
And that won't move over for me.
There we go. Looking north down
66th Street.
Here's another picture of the entire side of the property
on 66th Street.
Here's another picture of the property.
Here's another picture of the property.
And here are some pictures of the interior of the property.
It's pretty much a straight through property.
You can see it from front to back.
We haven't put any of the stations or chairs in the property yet.
We're still waiting for the zoning approval.
That's another look at the interior of the property.
The side view, you can see the windows on the property.
Here's a picture of the lavatory that's in the property.
This is a picture directly across the street from the property.
It's another corner property.
I took this to show you that almost all the properties in this area have commercial businesses on the corner and some type of a living arrangement on the top.
I took a picture of the property at 66th and Fifth Avenue to show you again.
And they have a hair salon on the first floor and they have a residential dwellings on the top, which is consistent with the type of use that we're trying to reestablish at 6558.
And here's an additional picture of the opposite corner with another hair salon on the bottom with residential dwellings on the top, which is consistent with the types of use that we're trying to establish also.
So, commissioners, we did notice the community, and we sent out a flyer to all the residents to have a community meeting.
We met with the community, I believe, on the 7th, excuse me, on last month.
Here's a copy of the proof of mailing where all the letters that were sent out.
And then we did have a letter of support from the organization.
I believe that there was not one person in opposition to our use.
Commissioners, with that, I would ask if you had any questions that we are more than willing to answer them.
And that's my presentation for today.
Okay, thank you.
Do you want to bring your client on?
David, can you raise your hand, please?
David has been allowed to speak.
Hi, sir. Could you please state your name and spell for the court stenographer?
Mr. David, can you unmute yourself, please?
How are you doing, sir?
Hi. Could you please state your name and spell for the court stenographer?
Sure. Dave Nguyen, D-A-V-E-N-G-U-Y-E-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Good afternoon, David.
David, are you a principal member of NNMP Investments, LLC?
Yes, ma'am.
And have you heard my presentation to the Zoning Board of Adjustment today?
And are you the owner of 6558 North 5th Street?
And, David, would you, if you had to testify today, would you be able to adopt my testimony as true and correct?
Yes, that is true.
All right. That's all I have, Commissioner.
Thank you. Hillary, before I start questioning, is that parking okay?
I don't know. I have to look at the zoning history to see if that was previously approved.
the parking is not required because it's an rsa5 okay use um so yeah but i but while while we're on
the the subject of the refusal um miss three i just wanted to clarify um so that because the
the refusal was just said personal services in an existing structure didn't mention
the prior apartments it didn't say where the personal services was so i just wanted to clarify
the prior apartments it didn't say where the personal services was so i just wanted to clarify
the personal services is on the first floor at in the basement as well or is there no basement
no there is a basement but the basement we use for storage only the nail salon will be for the
first floor only where customers will be serviced at okay so it's for the first floor and then the
existing two-family household living above will remain yes it will okay thank you so much
Questions from the board?
No, Chair.
No, Mr. Chairman.
No, Chair.
Questions or comments from the virtual audience?
Yes, Chair.
Iris Brunson will be allowed to speak.
Could you please state your name and spell for the court stenographer?
Hello, my name is Iris Brunson, I-R-I-S-B-R-U-N-S-O-N.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Are you a neighbor?
I am not.
I am a member of the registered community organization, Oak Lane Community.
And I just wanted to affirm that there was unanimous support for the request for variants,
and we anticipate that the applicant will be good stewards of the building and good neighbors.
Thank you so much for taking the time to call.
We appreciate it.
Thank you.
Is there anyone else in the virtual audience?
There are no more hands.
Planning Commission.
Good afternoon again.
Amy Boyd with the Planning Commission.
Please proceed.
The comprehensive plan recommends a change in zoning at this location from residential single family to commercial mixed use.
This property has a documented history as two dwelling units on the ground floor commercial dating back to at least 1948.
The Pellant has shown that the proposed use is a minimum necessary to afford relief.
The proposed use is in agreement with the Comprehensive Plan.
The City Planning Commission recommends that the Board grant the use variance for personal services.
Thank you. MI 2024-000600-6558 North 5th Street.
I vote yes. Proviso. Use limited to first floor with existing two-family household living above to remain.
Thomas Holloman, my vote is yes, with proviso.
James Snell, my vote is yes, with proviso.
Ishmael Shaheed, my vote is yes, with proviso.
Thank you.
Number 12, MI, thank you, counsel, MI 2024-000602, 59 North 59th Street.
Vern Anastasio is the attorney.
There's a letter of support from Achieve Ability.
you. Vern Anastasio is coming back in as a panelist.
Counsel, you've already been sworn. Could you just state your name for the record?
Good afternoon, Mr. Chair. Vern Anastasio, A-N-A-S-T-A-S-I-O. I'm representing Ms. Ashley
Saunders in this particular proposal. And that's Kindred Residential LLC?
Yes, and she is, in fact, a principal.
Okay. Our vice chair has a few questions, sir.
Thank you.
Good afternoon, counsel. Do you agree to waive the reason of the refusal or stipulate to its accuracy?
Yes, sir, I do.
Have you emailed then all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
Yes, sir.
Thank you, counsel. Please proceed.
Thank you.
Mr. Chair, I have a 72-page exhibit binder with the refusal of the floor plans, photos of the property, the RCO notification letter, proof of mailings, the poster and proof of posting, the deed, tax clearance, a full property analysis that my office has completed, RCO results letter of non-opposition, and overhead views itself.
This proposal is for three units in an existing structure, and it is for, in fact, my clients are pursuing affordable housing, so that all three units will be available as affordability.
we do have some interior layouts drawn to scale the first floor as you can see is one
unit there is a side door for basement entrance now we also have the second floor as well
actually there's two units on the first floor one larger unit on the second floor
here's the property in question and the environs
This was historically a two-family dwelling.
This was historically a two-family dwelling.
My property history does, in fact, go into that, and I move all of that into the evidence today.
At some point, the first floor was converted, not by my clients, for residential use.
We met with the RCO.
They've asked that we do improvements to the exterior and put in lights and security cameras.
and we agreed to all of that. There is exterior space for both units to access for trash disposal.
And of course, there's ample evidence of multi-family electric meters, water meters,
and the like. Here's the mailing that went out to all neighbors, inviting them to the April 17th
RCO meeting, as well as the ZBA hearing today. It's quite a number of folks.
and my clients purchased this property.
They were already under agreement for it
with the knowledge and belief
that this was in fact a legal two-family dwelling.
As it turned out, once it was under contract
and they had to close,
they learned that it was in fact not zoned
for the two-family dwelling.
although it presents itself as a legal two-family. After meeting with the neighbors,
sorry, three-family, after meeting with the neighbors and expressing their desire to make
this affordable through the Section 8 proposal of the federal government, which they are now
in the process of securing, we respectfully request the granting of the variants.
With that, I'm going to ask Ms. Ashley Saunders to raise her virtual hand.
And Vern, there's two units on the first floor and one on the third.
That's correct.
Or one on the second floor.
I'm sorry.
I'm sorry.
One on the second, two on the first, and it's divided by a stair in the center.
So even creating one unit would just be impossible without pulling out the entire staircase that runs in the center of the property.
There is, however, a side entrance.
So that does support the layout as it currently exists.
The RCO just asked that we improve the exterior, and my clients have agreed to that.
With that, if I can get Ms. Ashley Saunders to raise her virtual hand, I would appreciate it.
Thank you.
She's been allowed to speak.
Hi, could you please state your name and spell for the sonographer?
Ashley Saunders, spelled A-S-H-L-E-Y.
S-A-U-N-D-E-R-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you.
Ms. Saunders, did you hear my presentation to the board this afternoon?
Is it true and accurate to the best of your knowledge?
Do you adopt it as your own testimony?
Are you committed to making these units affordable through the Section 8 program?
Thank you.
I have nothing further.
Questions from the board?
no mr chairman
no chair no chair questions or comments from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
there are no hands here planning commission please thank you chair bergman and good afternoon
david effecto with the city planning commission chairman and board members the comprehensive plan
recommends no change to the residential single family zoning at this location there are rental
licenses in the zoning archive for one dwelling unit but there is no documented evidence in the
zoning archive of legal three-family use however the property appears to have been converted
without the benefit of permits without the knowledge of the current owners the city
planning commission recommends the board grant the use variants for three dwelling units
while we also note that the promised affordable units cannot be enforced by any city agency
Thank you. MI2024, 000602, 59 North 59th Street, I vote yes.
Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Dishmil Shahi, my vote is yes.
Mr. Anastasio, we have another one for you here?
Yes, sir.
Just for the record, state your name.
Vern Anastasio, A-N-A-S-T-A-S-I-O, representing Stockbridge Fine Art Print, Mr. Jeffrey Stockbridge.
Vern Anastasio, A-N-A-S-T-A-S-I-O.
Representing
Okay, so MI 2024-000671-1231-33.
There's a letter.
And our vice chair has a few questions.
Mr. Chair, you broke up there.
Can you? I said a letter of non-opposition on the Passion Square Civic Association with
unenforceable provisos. Our vice chair has a few questions. Thank you. Good afternoon,
counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy? I do.
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. Please proceed. You've
Yes, sir. Thank you. It's for the partial demolition of the rear of an existing structure. And it's for the use of a print shop, basically artist studio, photography studio. And this has generated a refusal because the property is on RSA five. Problem is the property has never been a single family home. And that's a that's a that's a, you know, a major point.
And I see nothing but blank screens right now.
Excuse me.
I'm going to stop sharing and reshare.
Thank you.
Technology is not my friend today.
I've been doing this all morning, so please bear with me.
Nope, that's not working.
Why don't I do this?
I have one more case in this group.
Let me go to that, and I'll come right back.
I appreciate that.
Thank you.
By the way, you also have a letter that was sent today from Council Member Mark Squilla
and non-opposition as well.
Thank you very much.
We'll be right back to you.
Yep, thank you.
I appreciate that.
I'm going to reboot, okay?
Thank you.
Thank you.
Number 15, MI 2024-000680-9801, East Roosevelt Boulevard.
Darwin Bovee is the attorney.
Letter of non-opposition from Council Member O'Neill.
The council office acted as the coordinating RCO.
The meeting was held on 4-10-24.
Unanimous support from three people who were there.
Darwin Bovee has been promoted.
Thank you, Mr. Chairman, members of the board. Let me just, there we go.
Just for the record, spell your name for the court reporter.
Yes. Darwin Bovee, B-E-A-U-V-A-I-S, as in Sam, attorney for the applicant, Boulevard North Associates, which is a subsidiary of the Goldenberg Group.
do you swear or further tell the truth the whole truth nothing but the truth
i do our vice chair has a few questions
good afternoon counsel uh do you agree to wait to read another refusal or stipulate to its accuracy
yes i do have you emailed them all the required documents and exhibits that is needed and required
to proceed with this case five days in advance of this hearing yes i have excuse me thank you
please proceed and you are part of the shared screen. Great. Mr. Chairman, members of the board,
right, it's always a pleasure to be in front of you. And right now before you is an application
for a group pediatric practice to be located in the Whitman Square Shopping Center, which is in
the northeast section of the city. It sits in a CA1 commercial auto district. And we have with me
today in the virtual audience, Mr. Nick Gentile, who represents the tenant, and Mr. Don Sonatag
from the Goldenberg Group, who is the landlord and applicant. If they could be recognized by one,
if Nick and Dan could raise their hands so they could be recognized later on in this presentation.
By way of background, Mr. Chairman, the Pediatric Associates, the Tenet, is a pediatric practice that's originally founded and based in Florida.
that's originally founded and based in florida they we are all excited to have them here in
We are all excited to have this.
pennsylvania this will be their first office they will be they they will be present monday through
friday from 8 a.m to 5 p.m and saturdays from 8 a.m to 12 p.m there will be no more than 12
people working at this location if i may we have our exhibits here ranging from exhibit
1 through 14, which includes our refusal, our tax clearance, deed, renderings, as well as our
letter of support, certificates of mailing, and photographs. If I can, let me start the board with
Exhibit 5. This is Whitman Square. If you can see here, it's a very active commercial shopping
Center. Its name comes from the former Whitman Chocolate Factory, and way over to the far left
is our location. If we can scroll down, this is a better view of the building. It used to be a
former restaurant i forgot the name offhand but it clearly it's a restaurant that i'm glad i didn't
go to because it closed down so with that we are looking at um this there are no signage on this
application however we wanted to give the board an idea of how we're going to replace the signage
whatever this big bulky red, the letterings, right?
This will be so much classier, and it's for children.
Here's another view of the building after we get done with the exterior renovations.
And here are the floor plans.
Now, we are looking at, let's look at this.
all right we are excited to present to the board a pediatric uh practice that will have 20
examination rooms all along the outer perimeter and we'll have administrative offices and a waiting
room you know this is a breakout room administrative offices and then the examinations this this
this practice focuses on kids from from birth to i believe you can go to the age 19 in some
instances depending on insurance so with that i i highlight that we're still a commercial auto
district but yet i do want to stress to the board our refusal so let's start there
our refusal was generated by the northeast overlay district right for use the it is clear
that the use make that this portion of the code makes it clear that medical dental and health
practitioners have to seek a variance. Although it does say in a residential district, this
refusal, right? And this could be a misnomer by the examiner, but nonetheless, we're presenting
it before the board under the clear guise that we're sitting in a commercial auto district.
Now, with that, we ask that the board grant our application because, one, if you notice, and if we can go to page 51, if you notice, our building is a standalone building.
There's plenty of parking around and intended for our building.
We submit that we will not conflict with any vehicle or pedestrian.
We won't create any pedestrian or vehicle conflicts as a result of this standalone building.
And because we are in a strip mall and in a commercial corridor, we also submit that the use is appropriate.
we also submit that the use is appropriate you know we have we have an outlet as you can see on
it you know we have
that photo we have walmart which is part of whitman square we have lowe's right you know
families will go shopping and if they can they can also take care of their personal matters
which would include their children so we we submit that this is an appropriate use
And when we met with the RCO, which was led by Councilman Brian O'Neill, he made it clear that he was supportive of the use.
And his letter clearly states he has no objection to the granting of the variance.
um i would like to show the board some interior photos
as you can see this was a run this was a restaurant that did not have um that wasn't
i don't i don't know what kind of restaurant that was but the seating wasn't appealing and
And all of this, Mr. Chairman, will be torn out and replaced with examination rooms for children.
So at this time, I would like the board to recognize and allow Dan from the Goldenberg Group to be recognized and be able to speak.
Dan Sonentag has been allowed to speak.
Sir, could you please state your name and spell for the stenographer?
Of course. Daniel, son and tag, D-A-N-I-E-L, last name son and tag, S as in Sam, O as in Orange, N as in Nancy, N as in Nancy, E as in Elephant, N as in Nancy, T as in Thomas, A as in Apple, G as in George.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Dan, you heard everything I said today, correct?
And would you adopt that as your testimony?
Thank you.
Mr. Chairman, we conclude our presentation, and we're happy to answer any questions that the board may have.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
There are no hands, Chair.
Planning Commission.
Thank you, Chair Bergman, and good afternoon.
David Fecta with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends a change in zoning at this location from commercial area one to commercial area two.
The proposed medical, dental, and health practitioner is what a reasonable person would expect to find in a shopping center.
The City Planning Commission recommends the board grant the proposed use variants for a medical, dental, and health practitioner.
MI 2024-000680-9801 East Roosevelt Boulevard, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed my vote is yes. Thank you counsel. Thank you. Let's go back to number 14
MI 2024 000 671 1231 to 33 Federal Street Ernest Anastasia. Mr. Chair this is Hillary um I am
hopping off um Mr. McSherry will be serving as counsel for the remainder of hearings this
afternoon. Thank you. Thank you. And thank you to Mr. McSherry. Thank you. Vern, how are we doing?
Looks pretty good right now, Mr. Chair. Why don't we do it? All right. Sounds good. So 1231
Federal Street, as I said, this is a long time, long history of commercial mixed use.
The last known use was warehousing with single-family drone above, and we're just looking to have a print shop, Stockbridge Print Company here with mounting and printing and a photograph studio, very low impact, maybe half a dozen clients a day coming into this space.
and we're here because it's owned rsa 5 and there's the interior layout
if you had any apartments available we hello
We have nothing to offer.
please whoever's talking please mute
Please, whoever's talking, please mute.
Thank you.
Go ahead, Vern.
That's fine.
We did meet with the RCO on March 12th.
They did include a letter of non-opposition.
We had lots of mailings that did go out to all immediate neighbors, 184 individual pieces of mail to the near neighbors.
Overwhelming majority supported the proposal.
Obviously, this is going to be less impact than a warehouse facility with trucks coming in and out.
It's going to be a print shop, mounting, artisan reproduction.
We got a letter from Passion Square Civic Association of Non-Opposition.
And subsequent to my meeting with the city council office yesterday, I believe Mark Squilla did send a letter of non-opposition as well.
I do have it, but I do believe Ms. Emerson did receive it.
So I'm just going to separately move that into evidence with the rest of my 70 page documents of evidence.
So with that, because of the very long history of commercial mixed use on this property, because of the community support, as well as the support of the district council office, and because of the beneficial use that will positively impact the neighbors.
I respectfully request the granting of this particular variance.
And with that, I'd ask Mr. Jeffrey Stockbridge to raise his virtual hand.
Jeffrey Stockbridge has been allowed to speak.
Sir, could you please state your name and spell for the stenographer?
My name is Jeffrey Stockbridge, spelled J-E-F-F-R-E-Y-S-T-O-C-K-B-R-I-D-G-E.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Proceed, counsel.
Thank you, Mr. Chair.
Mr. Stockbridge, did you hear my presentation to the board this afternoon?
And is it true and accurate to the best of your knowledge?
And do you adopt it as your own testimony?
Yes, I do.
I have nothing further, Mr. Chair.
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Chair.
questions from our attorney mr mcsherry mr chair questions or comments from the virtual audience
no hands here planning commission thank you chairman and good afternoon david effecta with
the city planning commission chairman and board members the comprehensive plan recommends no
change to the residential single-family zoning at this location the configuration of the current
building does not lend itself to strict compliance with the requirements of the RSA 5 single family
zoning district. The property has a documented history as a gasoline service station dating to
at least 1942 according to the Works Progress Administration land use maps. The proposed use
is far less intensive than that historical use. The City Planning Commission recommends the board
grant a proposed use variance for artisan studio and artisan industrial. Thank you. MI 2024
four zero zero zero six seven one twelve thirty one to thirty three federal street i vote yes
thomas holliman my vote is yes james now my vote is yes
dismal shaheed my vote is yes thank you thank you have a good evening okay thank you council
Number 16, MI 2024, 000681-5716 to 54 Baltimore Avenue.
George Krolok is the attorney.
No RCO letter, but we do know that there was a meeting on March 27th.
And Council Member Gauthier has taken a position of non-opposition.
george krakulik has been promoted thank you you're welcome
good afternoon mr chairman my name is george krakulik could you spell your name please for
with a court stenographer? Yes, sir. It's last name is spelled K-R-O-C-U-L-I-C-K, first name
George. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Thank you. Could you identify your client in a relationship to this property?
My client is Philicob's Development LP, and they are the owner of this property.
Our vice chair has just a few questions.
good afternoon council do you agree to wait to read another
views or stipulate towards accuracy i do but i must note that there's a typo in it in that we have
I do, but I must note that there's a typo in it in that we have 16 accessory surface parking spaces rather than the noted 15.
Understood. We'll note that. Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?
Yes, we have.
All right. Thank you, counsel. Please proceed to share the screen.
Okay, that's an overview of the site. This is a shopping center along Route 13,
Combs Creek Parkway between 57th and near 57th. You'll see there's a Family Dollar Store,
AutoZone, there's Dunkin' Donuts, and it shows a checkers there. That is the site that we are
talking about today where that checkers is. My client does not own that corner property,
the Luke Goyle site. Just quickly going through some of the items for your information.
We have the tax clearance. We do have the deed.
I've included the refusal. I've included our appeal.
I've included the notice and proof of mailing.
I would point out also that we did receive, we did receive, and I'll put it on the screen now,
a letter of support from the RCO, Southwest Philadelphia District Services.
Will you make sure you send that copy over to our attorney?
Yes, I will.
Thank you. And as you can see at the end, based on the outcome of this meeting, the position of the coordinating RCO is one of support to grant the necessary variances to move this project forward.
Yesterday, I received an email from Andrew Goodman at the Councilwoman's office indicating that they would not be in attendance today, but would submit a letter of non-opposition to the ZBA by the end of the day yesterday.
I take it that has not been received.
Yeah, we have it.
Oh, you do have it.
We have it.
Okay, great.
Okay, so let me go back to, okay, let me find the site plan, and this is an overview.
This is the overall site. We have highlighted our engineer who's also on the line.
Our client, my client, Greg Peel, is also on the line. And at some point soon, he'll raise his virtual hand.
This is this is where this is the site we're talking about. This is a former Checkers fast food restaurant.
I should note that although there will be some, it'll look like there's signage on the elevations that you have in front of you. There are no, there's no signage with this particular application.
application. I should also note that our plans have been revised. I've submitted a proviso plans
form for you to consider, and I can go over those changes. We've already indicated
to the board what those are, but I'll just summarize right now that the,
So, and I know these are out of context, but I'll get to them later.
Proviso, so we, on pages 65 to 72, we've highlighted the plans to show the changes.
We've put in the elevations there, which have been slightly revised.
There's an overhang for the location of the ATM or color renderings there.
And the landscape plan was slightly revised as well.
we've put Planning Commission and the ZBA on alert to both of those, as I indicated.
So, back to the site plan. Here is a closer view of what we have.
We are seeking two-dimensional variances, not a use variance.
This is in the C2 zoning district, the primary purpose of which is to accommodate a very
broad range of uses, often in the physical form of shopping centers and other destination-oriented
Often in the physical form of shopping centers and other destination-oriented uses, in which a large percentage of customers will arrive by automobile.
Last year, the Checkers organization closed a number of its locations in Philadelphia, including this one.
It's been boarded up with chain link around it.
since that time, we have a new tenant, PNC Bank, which wants to go in there. We're not changing
anything at all about the parking. We have made one of the non-conformities more conforming,
if you will. We had a stacking lane setback with the checkers that was only 5.5 feet where 20 feet
was required. And now we will have a variance request of only 1.1 feet for the stacking lane
distance from the property line. I think I said the parking in front of the bank will not change.
There will still be those 16, two of which will be ADA compliant. Nothing else changes within the entire shopping center, which comes to you with a use, excuse me, not with a use variance, wrong, with a parking variance.
We have 144 parking spaces. There's a variance that permits that. We are not asking for any additional parking. We don't think we need any additional parking. We have, at all times, plenty of parking for the rest of the shopping center.
We think this will be more of a destination-oriented use, much less impulse stops, so we will have much more coordinated traffic, much more coordinated parking, and a lot of it will, and not a lot, but more will be, some will be drive-through.
So we think the current configuration works well. We expect to have streets approval. Streets has made no comments about ingress, egress, or internal circulation.
Um, we did talk to the RCO, uh, and talked about their concerns, which were, uh, safety and
security. We, uh, indicated to the board in a letter, uh, the next day that we had, uh, private
security from 9 a.m. to 4 p.m. Saturday through Sunday, every day of the week. We have the
Philadelphia police, 9 a.m. to 5 p.m., three days a week. We have lot cleaning daily. Obviously,
we have trash collection on a regular basis. We have lot cleaning daily. We have bulk trash
service on call. We have provided a contact for within my client, both a phone number and an email,
which is something the RCO had requested, and they talked a little bit about the traffic around
the former checkers. We think we've made that a lot better by creating a better setback with
the stacking lane, by creating, frankly, by creating a use that is more destination-oriented
by repeat customers and less of an impulse use.
And I think that's all I have to say at this moment.
As I said, I have my engineer on the line
and I also have my client.
I would ask...
Your client can want to adopt your testimony.
Thank you very much.
Greg has been allowed to speak.
Hello, this is Greg Peel.
Hi, could you please state your name and spell for the stenographer?
Good afternoon, Greg Peel, G-R-E-G.
Last name is Peel, P-E-I-L.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you.
Greg, were you able to hear everything that I said about the project and the dimensional variances?
Yes, I was.
As well as the safety concern, the trash collection, and the other issues raised by the RCO?
Yes, I did.
And would you adopt what I stated as your own testimony?
Yes, I would.
Thank you.
Thank you. Mr. Chairman, the only other thing I would ask is since since it is slightly unusual that we have some revised plans at this point, would you like me to go through all of them? They're already in your packet.
Thank you.
Mr. Chairman, the only other thing I would ask is since since it is.
No, I just I'm going to I'm going to bring up one issue. Mr. McCherry, have you noticed Hillary's note on here? Applicant may need to submit revised landscape plan to planning for a stamp.
yes i i do see that let me just
so we got seven pages of revised plans
let me just review the amount
i do believe ultimately it would it would need to go to go to planning then for for a stamp in that
case okay so um what i'm going to do is i'm i'm going to uh go through the whole thing and i'm
going to hold the vote until we take care of that this week and we'll vote next week at 2 p.m okay
it's got to go to planning commission first for stamp i i believe so the planning commission on
we are we are chairman yes typically um when the cba approves an item um if l and i believes that
but the change is administrative in nature, and it appears this one probably would be,
they would send it back for our review in a stamp anyway.
Okay. So you think that's been done already?
I don't think it's been done already. It would typically be done after the ZBA is approved.
Okay. So we can vote on this today.
As far as I know, I'm not Hillary, so I don't want to advise you on that.
Okay. We have advised everyone via email and we provided it to everyone.
So I think, Mr. Chairman, with all due respect, I think we can vote.
Okay, sure.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Mr. McShurry, any follow-up?
Yes, after the statement from Planning Commission, I believe we are okay to proceed today and have them stamp it after the approval, provided there is approval.
All right, questions or comments from the virtual audience?
There are no hands, Chair.
Planning Commission.
Amy Boyd with the City Planning Commission.
The comprehensive plan recommends no change to the commercial area zoning at this location.
The proposed variance for stacking land setback and fewer required hiking spaces that are required will not injure the use of the adjacent property.
The City Planning Commission recommends that the board grant the proposed variances.
Thank you.
MI 2024-000681-5716, Baltimore Avenue, I vote yes, with proviso.
Revised plans, seven pages, stamped by ZBA on April 17th, 2024.
Thomas Holloman, my vote is yes, with proviso.
James, now my vote is yes, with proviso.
Ishmael Shaheed, my vote is yes, with Provide Zone.
Thank you, counsel.
Thank you.
Is there anyone in the virtual audience whose 2 p.m. case has not been heard?
There are no hands, Chair.
Okay, we're going to take a five.
Excuse me.
Robert Stevenson just put his hand up, and I will allow him to speak.
Two hands came up now.
All right.
Hi, Mr. Stevenson.
Could you state your name, please?
Hi, yes, this is Robert Stevenson, S-T-E-P-H-E-N-S-O-N, and I am the owner of 608 South Front Street.
And the case about 610 Front Street was holding on since 2.
Hold on. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
610 Front.
but that's not on the next list
it was announced up at the top of the session at two okay
might have been number seven if i remember correctly but it's been a while
OK, I'm sorry. So that that case was continued, sir. I now set in the beginning. 610 South Front Street has been continued.
Can you I wasn't sure what that meant, to be honest, I'm a little. I'm sorry. I've learned I've learned a lot, I will say.
Sure. Okay. The RCO and the lawyer both requested a continuance.
So the RCO and the lawyer both requested continuance so they could have more time to review and discuss the proposal.
Uh-huh.
And I'm sorry you got stuck.
You didn't hear that.
Yeah, I just didn't understand.
So it's going to be continued to another date.
You'll be notified.
And the issue was the RCO and the lawyer both need to discuss it further.
I got you.
Great.
Thank you very much.
I appreciate it. Yep, no worries. Are there any other hands? Yes, Kendra Gudgeon will be allowed
to speak. Hi, could you state your name and spell, please, for the court stenographer?
Yes, Kendra Gudgeon, K-E-N-D-R-A-G-U-D for George, G-E-O-N. Right. Do you swear or affirm
to tell the truth, the whole truth, nothing but the truth? Yes, I do. What case are you interested
in? 29 East Mount Airy Avenue. See here, I think that I'm sure. You're right with you.
So the attorney for the applicant had requested a continuance for that. And I announced that in
the beginning of the day. Okay. Okay. So that case will be continued. There is a letter of
opposition from the RCO at this point. Okay. So a new date will be announced. A new date will be
announced. I'm really sorry that you didn't get that information. Okay. Thank you. I appreciate
it. Thank you. Is there anyone else? No hands, Chair.
Good afternoon, everyone.
My name is Bill Bergman, and I will be chairing the 330 list this afternoon here.
With me is our vice chair, Ismail Shahid.
Present, Mr. Chairman.
Our board member, Thomas Holliman.
Present, Mr. Chairman.
And our board member, James Snell.
Present, Mr. Chairman.
Also is our attorney, Mr. McShurry, and also our executive director, Tanya Sunkett.
Here's our virtual format. Be advised if proceedings are being recorded.
A video will be available by contacting tanyasunkett at phil.gov.
For the benefit of our court sonographer, 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 answer box on the screen is not for comments or testimony.
All comments should be directed to our executive director, Tanya Sumter.
Let's look at our schedule.
Number three, MI 2023-006-842-11500 East Roosevelt Boulevard. That case has been continued.
number four
no I'm sorry number five
MI 2023-006-846-6922 East Roosevelt Boulevard
uh is Mr. Anastasio here
I don't see his hand up okay thank you this case has been continued
and number six
MI 2023-00-6850-834-North 63rd Street, this case has been continued.
Are there any other requests for continuances?
Yes, there's a hand up by the name of Robert Rudnitsky, and I will allow to speak.
Yes, my apologies.
I just, my name is Robert Rudnitsky.
Say your name and spell for the course.
My apologies, Chair.
My apologies, Chair. Again, my name is Robert Rudnitsky, R-U-D-N-I-T-S-K-Y, and I'm just confirmed. My apologies.
Again, my name is Robert Rudnitsky, R-U-Z-N-I-C-S-K.
The case 11500 East Roosevelt Boulevard has been continued.
No, no, I was referring to 6922, and I'm just verifying that, sir.
Okay, hold on a minute here.
I think you just said it. I just want to make sure.
I said, I just said 834 North 63rd.
that's 6922 east roosevelt
oh yeah yes that case has been continued sir i'm sorry yes
my apologies and i thank you so much no no no not not at all not at all thank you any other
requests for any other requests for continuance
no hands chair okay thank you i have a number one mi2022 001 934 769 south 17th street
uh no exhibits third listing
there are no hands here okay so this is the third listing mi2022
001-934-769
South 17th Street. I move to
dismiss. Thomas
Holloman, my vote is to
dismiss.
James Snell,
my vote is to dismiss.
Ishmael Shahid, my vote is to
dismiss. Thank you. And number
four, MI2023
845-2128
Shelton Avenue.
No exhibits first listing.
Ariel Hannon is the listed applicant. House of Prayer for All People is the listed owner.
Ariel O'Hannon. I don't see a hand by Ariel O'Hannon, but I do see one from Charles Richardson.
Okay. Why don't we bring him on? He's been allowed to speak.
Good afternoon, Mr. Chair. Could you just state your name, please, and spell for the court
stenographer. Charles Richardson, Office of Councilwoman Cindy Bass. Richardson is spelled
R-I-C-H-A-R-D-S-O-N, room 508 City Hall. Do you swear for him to tell the truth, the whole truth,
nothing but the truth? I do. Do you want to talk about 2128 Shelton? Yes, sir. That was assigned
back in December, and the RCO has heard, and none of the RCOs have heard anything from these folks,
So neither has our office. Wondering if you can just have that listed to be continued, but must be must be.
Oh, yeah, absolutely. Absolutely, sir. Thank you, sir.
So MI 2023-006-845-2128-Chelton. Cases continued, Mark, must be heard.
OK, we're going to go to our list now. Number seven.
that is the list mi 2024 001 164 9201 james street alan knockamson is the attorney this
is a reconsideration hearing oh you gotta be shitting me john john john kelly
alan knockamson is coming in as a panelist
Hi, Mr. Nockamson.
Yes, Alan Nockamson.
Right, and you've already been sworn.
So this is a reconsideration hearing.
And the evidence and testimony from November 8, 2023 hearing in this matter
is incorporated into the record for this hearing.
The scope of this hearing is limited to taking testimony from the applicant
as they were unable to testify at the previous hearings.
The board will also take testimony from the public response to the applicant's testimony,
as well as the recommendations of the Planning Commission.
Thank you, Mr. Chair, members of the board.
Alan Ockamson, again from the Ockamson PC.
The applicant is direct to Auto Sales Speedy, Inc.
And in the virtual audience should be Albert Belfour, its principal.
So I would ask that Mr. Belfour be promoted.
So Mr. Belfour, if you can virtually raise your hand, that would be helpful.
I'm searching him now.
You said Belfour?
Belfour, B-E-L-F-E-R.
okay yes his hand is not oh you know what he's actually in my office so he's under mr goldberg's
Oh, you know what? He's actually in my office, so he's under Mr. Goldberg's name.
name okay
Sorry. I wanted to make sure there was no issues this time, so I brought him into my office.
Mr. Goldberg has been promoted.
Sir, could you please state your name and spell for the court stenographer?
Mr. Belfort. Yes, sir. Hi. Could you please state your name and spell for the court stenographer?
Albert Belper. Spelled, please. A-L-B-E-R-T-B-E-L-F-E-R.
All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Mr. Nockamson. Yeah, so I just want to give some background here.
we are dealing with an application for a special access exception we have a notice of referral i'm
just going to go through the exhibits really quickly just to give you know again it's been
a while since the hearing so i'm just going to go really quickly through it and we'll go to mr
belver's testimony but this is not a variance this is for special exception and the standard
as the board knows is that will the granting of the special exception cause a detrimental impact
to the neighborhood beyond what would be normally expected from the proposed use.
The proposed use of this property, according to the notice of referral, is personal vehicle
sales and rental, no sale of used automotive parts on the same lot with all other uses
as previously approved, no sign on this application.
As a matter of background, Mr. Belfort owns a car dealership in close proximity to this
property.
He wants to sell some of those cars via the internet.
Because of an archaic rule from the state, he needs to have a separate location just for internet sales.
So that's why he purchased this property at 9201 James Street.
This is an ICMX property, which requires a special exception.
You'll see from the zoning map, we are adjacent to I2.
I2 would allow this use as a right.
But there's going to be no cars stored on this property. So, again, when we're looking at the detrimental impact of this proposed use, will Internet sales of cars that are at a separate location cause a detrimental impact to the community?
There are like six factors to consider. Congestion in the public streets or transportation systems, no cars are going to be stored on the lot. Overcrowding the land, no cars are stored on the lot. Impairing an adequate supply of light and air to the adjacent property, he's not changing the building structure. He just has offices in there.
Burning water, sewers, school, park, or other public facilities?
Impairing or permanently injuring the use of adjacent conforming properties?
The answer is no, because he's at the end, and we'll show at the pictures,
he's at the end of this row of more industrial-used properties.
Endangering the public health or safety by fire or other means?
The answer is no.
This is just office use.
He's not actually conducting any like physical like sales of, well, more so cars that are physically on this lot.
And it's not consistent, inconsistent with the comprehensive plan either.
So we originally received a letter of support overwhelmingly, like people showed up to a community meeting and they're like, we're not against this.
It was it was 30 to 6.
we filed our motion for reconsideration um we had some pushback at the original hearing which
was surprising because we didn't expect that to happen um and all of a sudden we get a letter
from the community after a motion reconsideration but before this hearing stated they had a separate
meeting without our involvement we weren't invited where they not only retracted the the their
support but they voted 28 to zip against it and in there they said it was suggested that the owner
of the property has not been the best neighbor as it relates to addressing the concerns that were
brought up with respect to the media surrounding businesses uh and that could be no further from
the truth first of all like the neighbors who who actually know mr belfer and his and his company
we did a chart
and this was at the community meeting
this was at the ZBA, the last ZBA hearing
we have 14
Fourteen people who are nearby neighbors who conduct business right next to Mr. Belfort in the subject premises who are in support of this project.
people who are nearby neighbors
who conduct business right next to Mr.
So if anyone was having issues with how Mr. Belfort conducted himself with his nearby dealership or with the proposed, I guess you would say satellite office of that dealership, they wouldn't have signed this.
And then so, yeah, we had an issue because we came to the hearing.
There were certain allegations by someone who owns five properties surrounding Mr. Belfort.
And by the way, that individual, Mr. McDermott, my understanding is tried to purchase this property in 9201, was upset with Mr. Belfort simply because he he purchased the property under Mr. McDermott's notes.
But all of Mr. McDermott's tenants signed out that letter of support or that petition of support.
But again, unfortunately, Mr. Belfort, because of the lack of technology, he had issues getting on, and that's why we had this reconsideration.
But this is what's new, and Mr. Belfort testifies to this.
Mr. Belfort agrees there's been issues with the properties next to this one in 9201.
He's not the one that's at fault.
As soon as he purchased 9201, he also saw illegal dumping of the property.
He reached out to the council member, my council member, Mike Driscoll's office to say that there's been illegal dumping even on his property and that he wanted he was trying to figure a way how to take care of this.
In your presentation packet, there's invoices that Mr. Belfort, you know, paid for to remove illegal dumping on his property and nearby.
so i would ask that mr belfort you know speak to that so mr belfort you know have you had issues
with illegal dumping on your property yes i have okay so can you can you just elaborate more than
i just stated of course um about two years ago when i purchased this property um i have
I've never thought that I would be dealing with the issues that I started dealing with.
Mind that, I have been on the street operating a car dealership for the last eight years, literally 100 feet away from this property.
When I first moved in here, there was obviously a little bit of upsetness because I ended up buying the property instead of the person who owns multiple units already there didn't get a chance to buy it.
so I understand there was frustration from one end.
I honestly thought that we were all grown-ups
and we could get along and have no issues.
I've been in this location for eight years,
and I never had problems with anybody there.
A couple months into me being there,
I started having issues with people parking their cars there.
Later on, all of a sudden, after I became strict,
I started having a lot of dumping happening in the middle of the night.
One night, give or take, three, four o'clock in the morning, a big dumpster truck comes out
and dumps 40 something tires on my property. When I first had that, I had no idea what to do. So
the first thing I do is I contact the police. The police come out, they give me a police report.
They state to me, unfortunately, there's not that much that they can do or offer to me,
but they will notify a neighborhood division, watch division that they have in the police
Department and let them know of the issue that I'm having. I was told to reach out to
Councilman Driscoll and also tell him the situation of what I've had. I personally,
not only did I write him multiple letters, I personally went over to his Toursdale office
and I met with Mr. Driscoll's assistant, Terrence Devlin. And I explained to Terrence that I've had
this issue and I don't know what to do. And it's not fair that I have to pay these expenses
considering there should be another way around it. He told me he would look into it.
I never had a response from the councilman's office and I just had to keep moving on with my
day. A couple of months after that, I had 11 nasty mattresses dumped all over the hill of my
property again i was told i had to contact the police reached out to the police made a police
report notified them of the situation again had to pay a fine uh to a dumping company to come
and remove everything off my property there was also no outcome of arresting somebody or
arresting somebody or a prevent to way of preventing this there was no other option
or a way of preventing this.
finally uh sometime in december i had two cars uh there were uh stolen vehicles and they were
parted out they were dropped in front of my front door i contacted the police and we had two police
officers that came out. They did the inspection on their cars. And they told me that, unfortunately,
because the VINs have been decoded, I'm not allowed to touch the vehicles or I can be arrested
for grand theft auto. I said, how am I supposed to walk into my building that I own to work?
And they told me, unfortunately, we have to do our job. And then at that point in time,
once the cars are moved off of your, off your premises, we'll be able, you know, you'll be
able to get back to work. I had six days that I had to wait, calling every day, speaking to a
supervisor at the police academy, eighth district, being upset, not understanding what kind of world
we live in. And then I understood that they told me that if a car would be left in my driveway
and the police came out there and they told me that somebody, it was a stolen vehicle and there
was no VIN numbers, I would have to have that car sit there until the police took further actions.
After all this transpired, I have a three acre lot right across the street from this warehouse
where I store over 200 vehicles. I decided to take 12 of my vehicles and I put them
at the dead end of my street where the dumping was taking place, not because I need to put cars
there, but literally I put them there so the dumping would stop happening in front of my
office. The minute that I did this, the dumping disappeared overnight. Since this day, I had not
had any issues. I don't want to keep my cars there. I'm actually putting myself in danger
because of the theft that can happen today with cars being stolen. All my cars are locked up in
my yard. But at this point in time, getting expenses that are growing only because there's
no way to prevent it. This was my only way to put cars at the dead end of the street where I make
sure that i'm not adjacent i'm not a problem to any of my neighbors um where i can leave the cars
there and know that when i come to work the next day there is nothing that's going to be on my
premises and that's what i did just to make sure that i can have no issues on a daily basis coming
to work so just to reiterate because i i testify but i want to make sure that it's truthful and
accurate like the only reason why you have this other location is because of a state requirement
that you have to do internet sales at a location other than your dealership is that correct
so it basically works like this uh down the street at 92 40 uh james street um i have a car dealership
license there uh it is by law that because i have a one office um car dealership there it's just one
office. You either need to have multiple offices or you need to have a separate office to be able
to conduct internet sales. All right. And this is the interior of the building that you own at
9201 James Street, right? That is correct. Yes. Right. And this is meant merely as like essentially
office use, but because of the technicality with the state code, you need to say that you
actually have personal vehicle sales and rentals from a zoning code perspective, right?
That is correct.
But you have no intention to actually have physical cars for sale at this location?
No. I have a car dealership down the street. I have a lot, like I said, of three acres of
land where I can put another 200 cars if I wanted to. This is strictly an office that I bought.
I did a nice renovation to have a comfortable feeling to be able to walk into work
and to be able to conduct online sales. That's pretty much all that would be done there.
Yeah. And you're on a row of, I guess, industrial properties where you're at the end of that row
Because it dead ends where you're at, right?
That is correct.
So no one from the street can actually see like your property at 92.
So no one from the street can actually see, like, your property at 9201 James Street?
I mean, they can see it if you go through, you know, all the trees and bushes have been cut down by PennDOT.
But, I mean, you can physically see the location.
But in terms of, like, if you, like, you know, you're putting these cars here to protect your property from illegal dumping,
Even if you continued hypothetically doing that, you're not causing any harm in terms of access or congestion on the street with this dead-end portion of your lease.
Not at all. I'm not in anybody's way.
And just again, just to kind of go to this, you're not the only automotive use for this row of properties on James Street, right?
There's about seven car dealerships on this street.
Yeah, there's Modern Auto Detailing Intent, 925 Auto Repair Center, that's you, Liam's Auto Repair, R&E Auto Service, and T-Car Care Used Car Dealer, right?
All on this row of properties or nearby, right?
Right. OK. And again, having cars along this strip of Jane Street is not out of character because these are your this is your lot.
But then these are the other properties where they have cars are stored in front of their like bay doors.
Is that right? These are pictures you took. Yes.
So for the last couple of months, Alan, I provided you pictures and I wanted to address the chairman and everybody.
I am not in any way, shape, or form the person that's causing the issues.
You can see what happens on a daily basis with all the other businesses blocking the road.
If anything, I am the person that can't get to my unit.
I am the person that it takes 20 minutes sometimes to wait until trucks unload for other warehouses just to get back to my office.
I am in no way, in anybody's way, my cars, these are not my cars. These are regular customers or people that work. And this is just what they do on a daily basis.
Yeah, I have no further questions. Everything else was made into evidence.
You know, last time I would just say I would lose our exhibits.
The council person's office, where do they stand?
Project. That's what the most shocking part is. We don't understand why. Again, there's all this rumor and innuendo without any proof of that Mr. Belfort's causing this time.
Okay. All right. So, questions from the board?
No, Chair.
No, Mr. Chairman.
Okay. Questions or comments from Mr. McSherry?
No, Mr. Chair.
Questions or comments from the virtual audience, and the questions should be only about Mr. Belfort's testimony and new information from Mr. Belfort.
Okay. There's a hand up from Peter McDermott, and he will be allowed to speak.
mr mcdermott how are you good evening good evening could you please state your name and
spell for the court stenographer my name is peter mcdermott m-c-d-e-r-m-o-t-t right do you swear
or affirm to tell the truth the whole truth and nothing but the truth i do now mr mcdermott you
testified the last time so your testimony this time should be relative to the testimony mr
belfort the information he just put that's what we would take one from you okay james street
is a legally open street even on city plans it shows james street going through
to linden okay that's not the case but legally it is mapped out to go through to linden that street
has cars overpopulated that have license plates on them that say direct auto sales up and down
the street now you've heard testimony contrary to that but this is factual this is factual that
whole entire street from arendale down to where the buildings start on the eastbound side towards
the river is overpopulated it's a dunkin donuts fronting on state state road and it's on the
corner property there of Arendelle, the entire lawn is overpopulated with cars that say direct
auto sales. That is not a lot. If he has a lot that fits 200 cars, well, he should remap it out
to fit 300 cars because there's probably close to 70 or 80 cars along James Street.
Because there's probably close to 70 or 80 cars on Long James Street occupying that area.
Furthermore, in this exhibit package, I see where they're talking about, did you take these photos?
And there's photos of orange signs now hung up on the building.
I was just there on April 10th.
There was no signs.
I can share the photograph with you right now.
so i don't i don't know what reality uh that the two people that spoke today
are living in but the reality is for uh precision precision mechanical uh one of the protesters
sean mcdermott is none of this is true they're there every day none of the none of what said
is true okay looking at their position all right well keep your voice i want to make one more
statement looking at their petition that they keep referencing 9207 james street that is not
the owner who signed 9205 james i'm going in order one through that is not the owner 9215 james
street is owned by brian garbelny not francisco rosa okay we have multiple signatures here line
six and line seven in the hand of another we have line eight signed by someone who does not own the
property it's owned by brinkman line 12 they don't own the property okay that's brinkman hold on i'm
not done home furthermore i reached out to line 15 92 24 state road because i know them i served
on a on an rco board with mike williams so it's mike williams brett williams gladys williams is
their mother and their grandfather was leo leon williams they did not sign the sheet that is not
their signature okay and he told me he told me that if he had known this because he knows who i
am he knows my brother that he would not be in favor of this and then you have line 16 and 17
are both in the hands of another mr chair all right hold on alan alan no wait a minute wait
a minute wait a minute i want you to just concentrate on the testimony you heard today
and let's not get off too far, okay?
Mr. McDermott?
Sir, you can unmute yourself now.
They're stating, is this true, is this correct?
So I'm talking about stuff that they're stating to be true and correct.
These are in the hand of another.
And they're not property owners, furthermore, Mr. Bergman.
All right, thank you.
Mr. Nockmson, do you have any questions?
I'll state this. We never stated that the people who own those properties, the people who sign are the ones who own these properties. They're the tenants within these properties. So if Mr. Belfort's company was such a nuisance, they wouldn't have signed that petition.
um they mr belford actually does business with many of those tenants that he collaborates with
many of those tenants and if if you know again if if it helps i i talked to mr belford beforehand
we can agree to a proviso no cars for sale shall be stored on premises like that proviso is a
reasonable proviso will prevent mr belford from storing any of these cars for sale because he
He already has those cars stored on his dealership lot.
But again, this is a referral, and we believe we met our verdict.
Thank you.
Is there anyone else in the virtual audience with comments?
Yes, Sean McDermott will be allowed to speak.
Mr. McDermott, state your name, please, for the court stenographer.
No problem.
Sean McDermott?
Spell it, please, for the court stenographer for me.
S-E-A-N-M-C-D-E-R-M-O-T-T.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Now, Mr. McDermott, you testified the last time.
What I need you to do is to concentrate on the testimony you heard today and make comment
relative to what you heard today, sir.
Thank you.
Yep, of course.
So we're a business owner down there that we use the warehouses for storage.
Um, having, you know, I'm, I'm strictly sticking with direct auto, um, but having that many
cars down there for storage impedes us and makes a bottleneck for us to get deliveries
down there, which impedes our clients.
Um, our clients are hospitals, pharmaceuticals, and, and government institutions.
We've had FedEx, UPS, tractor trailers that we cannot get down that street.
And it's because, like I said, we're going to stick to this, but it's an overload of just vehicles that is stored.
This area, the street's a mess.
So there's just trucks and cars parked everywhere.
If this was a normal street that was lined, this wouldn't happen.
All these cars would just be towed.
But having the street set up this way and having our properties deemed for storage helps us create the way our business runs.
helps us create the way our business runs. If we can't operate this way, we're going to have to
if not if we can't
operate
move. And we've been there for over 10 years. And when we're talking about a good neighbor,
I have no problem with Mr. Belfour. I didn't know he was buying the property till afterwards. And
good luck to him. I'm okay. I'm not in the real estate business, just so you know. They're just
investments so congratulations i didn't know i that anyone thought i had a problem i'm an adult
congratulations but the react so that was brought up today i just want to say that okay but um you
know when talking about a good neighbor mr belfort was arrested for stealing two cars now so
we we don't concentrate on the testimony today not his past not anything he's ever done
was about today, what he said.
I want your comments about that, okay?
Sean McDermott, you're able to unmute yourself and speak.
Okay, okay, thank you.
Yeah, so I want you to concentrate on what he said today
and your response to that.
That is my response.
Okay, thank you.
Thank you very much.
It's a bottleneck for our businesses.
All right, thank you.
Mr. Nockmson, do you have any comments or questions?
I think we just need to focus on the proposed use of this particular property. It sounds like there's issues, which I don't believe are legitimate, but if they are, it goes to the dealership, which is not the subject of the zoning appeal.
Will the proposed use cause an impact more than what you would expect?
All right. Anyone else in the virtual audience?
Yes, two hands to your Stan Kowinski will be allowed to speak.
Mr. Kowinski, Mr. Sawinski, please state your name and spell for the court stenographer.
My name is Stan Sawinski, S-T-A-N-C-Y-W-I-N-S-K-I.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
And I noticed you testified the last time.
The testimony today is in comments to what the appellant said today.
So if you would concentrate on that and your comments should be concentrated on what he said today.
I understand, Mr. Chairman.
I just wanted to reiterate that the council district, based on what we've seen, we've had multiple visits to these locations,
multiple police reports
based on what we heard today
the council district
6th council district
still opposes this request
thank you
thank you
is there anyone else in the virtual audience
yes Ray Flanagan will be allowed to speak
Mr. Flanagan could you state your name
and spell please for the court stenographer
mr flanagan sorry i was sorry i was muted sure could you please state your name state
your name and spell for the court's thermographer sure raymond flanagan last name is f-l-a-n-a-g-a-n
do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do mr flanagan are you a neighbor in that area uh i'm a part owner in two buildings
okay 92 13 9 so so so the purpose of today is to respond to what the appellant testified to so
i would would have hoped you've heard his testimony and this is to get your comments
on what you thought he said okay sure um so i i want to affirm what uh pete had said
there are cars at the end of the road
as Albert had stated
but as you go up the road
there's several cars that have direct auto sales
so what was originally stated by his lawyer was
they're not going to put cars there and then there's an explanation of
they're protecting their property
but it seems more like they're just storing cars
and you can tell by the
the license plates on the front of the cars and i i don't know if i can question this but
do those cars are they allowed to be on the road unregistered and untagged as i know anywhere else
in the city yeah so i i think we just want to concentrate on what he had to say so okay well
he did say uh the lawyer said they weren't going to store cars they're storing cars and there are
other locations on the road and it does cause a bottleneck up at the end of the road there are
up at the end of the road. There are other businesses there that do cause a problem.
other businesses there that do cause a problem.
And it just, it just is very difficult for us to get our deliveries. And sometimes I could sit
there for 10 minutes waiting just to get down the street. And that's it. All right. Thank you,
Mr. Flanagan, for taking the time. We appreciate it. Is there anyone else in the virtual audience?
there are no more hands chair okay um so planning commission uh you you you um
you took a position the last time after this testimony today are you still there or do you
want to change your position we i'm sorry ron do you i'm sorry we're opposed to this
start state your name first we are opposed to the uh proposal but i could read it again if
Could you state your name first for me, and I'll swear you in, Ron.
I'm sorry.
Ron, R-O-N, last name Bednar, B-E-D-N-A-R.
Right.
Do you swear or affirm to tell the truth, the whole truth, or nothing but the truth?
Please proceed.
A comprehensive plan recommends no change to the industrial and commercial mixed-use zoning at this location.
The proposed personal vehicle sales and rentals will indeed have more detrimental impacts to the neighborhood, both businesses and residential, than would be reasonably expected.
Therefore, we recommend that the board deny the special exception.
Thank you.
Mr. Nockamson, we're going to take this into executive session next Wednesday.
We will vote on this at 2 p.m. next Wednesday, and we're going to get together and go over everything, okay?
Thank you.
I can hear you.
Thank you for your time.
Thank you, sir.
All right.
We're going to go to number two.
MI 2023-004-534-5312-18 Ridge Avenue.
Joshua Rubinson is the attorney.
there's a letter of opposition
from the Wissahicka Neighbors
Civic Association
Joshua Rubenstein
has been promoted
Good afternoon, sir.
Could you please unmute?
You're so muted.
We can't hear you.
You're muted.
Hi, could you state your name, please
And spell for the court stenographer
Can you hear me?
Can you hear me, sir?
I think it's
all right wait a minute
it appears he's having trouble
with his audio chair
I think maybe she goes out again
and come back in
yes or he has the option to call in
if that doesn't work
yeah call go ahead
thank you thank you could you please state your name that's okay please state your name
name is spelled for the court stenographer? Joshua Reibstein, J-O-S-H-U-A, Reibstein, R-E-I-B-S-T-E-I-N.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Could you identify your client in a relationship to the property?
Could you identify your client in a relationship to the property?
Client is 53 12 Ridge Avenue, Silveram, and Barasam.
And I am the attorney for him.
Our vice chair has a few questions.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Did you email all of the exhibits and documents as required five days in advance to this hearing?
Yes, I did.
Thank you.
Please proceed and share your screen.
Thank you.
Let me go ahead and share my screen.
if you can see that it is um a presentation you're not up we don't see it you don't see it okay
push the share the screen button
the green share button at the bottom of the screen
Recording in progress.
We're good.
I'm back now.
Sorry about that.
So, just a few present slides for the presentation.
Certificate of occupancy for the existing building.
So, what this is, is we have an existing 36-unit apartment building at 5312 Ridge Avenue.
The building got a certificate of occupancy at the end of 2021.
The current owner, Mr. N. Barisan, would like to add one additional unit to make a total of 37 units.
And we are zoned CMX1, and so we were approved for 36 units.
We need a zoning variance for density for one additional unit.
the the additional unit will be in within the existing building footprint there won't be any
required additional parking and we're not changing the actual building the the external
of the building anyway in the presentation i have a certificate of occupancy for both
the existing building and the unity coffee shop that's on the ground floor in the front on ridge
Avenue. I have the zoning refusal, the application for appeal, the deed, tax center printout, and then
the mailings, the list of mailings that went out. The meeting summary from the
Wissahickan Neighborhood Civic Association in which they opposed this zoning variance, frankly,
and there, a letter also here in which they explained their rationale for that.
Here's a picture of the zoning notice.
And here's the property that's off of Atlas.
Property, as I said, is zoned BMX1, front on Ridge Avenue,
and it backs up all the way through to the opposing side of the street,
which is Salinac Avenue.
So this is that triangular piece of Ridge Avenue and Salinac in Roxborough.
Here's a picture of the existing building,
the front of the existing building on Ridge,
So here's the back of the building with our parking, with our underground parking here.
And then the proposal is to add a – and this is probably the best way to do it.
Let me zoom in a little bit here.
So our building has a coffee shop on the ground floor.
The coffee shop did not take all of the existing ground floor square footage.
So our owner is left with this, like, 400 to 500 square feet of extra space, basically.
Our original plan or his original plan was to make it into a gym.
He then kind of pivoted and said, you know what, let's make it into another apartment, and that's how we have landed here.
so um you know the the property is not going to function in any material way differently for
having one additional unit there's already 36 units here they operate very well they're
they're professionally managed and fully leased um having one additional unit is is simply just
because we had because he has the space to do it um and i guess i would just show you that
access to that unit would be through the back of the garage.
Access to that unit would be through the back of the garage, and there will be a door here, and then the next slide down will show kind of a floor plan of the building, of what's proposed.
So it would be essentially a one-bedroom apartment.
You would enter from the back of the garage.
You would go in.
You have a bedroom.
There's already an existing bathroom in this building, in this location, so it's just a matter of adding a kitchen, obviously getting permitted and getting approved for that.
But, you know, this is obviously the first step.
I think the neighborhood associations, their rationale essentially was that they didn't want an extra parking spot or have to have one extra car in the neighborhood.
They thought that there might be some better uses for the space that could be maybe a gym or maybe a rental unit.
They proposed like a little hotel unit, which is also not available for use.
They proposed some storage.
Those are all things that he considered.
It's just he has a thought that one additional unit shouldn't really be that much of a stretch since there's already 36 units here.
and the space is there.
So that's all I have on the – that's all I really have.
So why don't you bring your client on and adopt your testimony?
He's not available.
Okay, so you're an officer of the court.
We'll accept your testimony.
Questions from the board?
No, Mr. Chairman.
No, Chair.
No, Chair.
Questions or comments from Mr. McShury, our attorney?
No, Mr. Chair.
questions or comments from the virtual audience
there are no hands here planning commission
i'm bednar city planning while this property is currently indicated for commercial mixed
juice on the city plan given the site's physical condition we have no objection to the granting
the request of parents. Thank you. MI 2023-004-534-5312-18 Ridge Avenue, I vote yes.
Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Great. Thank you very much, gentlemen. You have your vote, sir. Is there anyone in the three?
Is there anyone in the 3.30 list whose case has not been called?
There are no hands here. Thanks everyone. Long day but we appreciate it. Got a lot of work done
today and a lot of nice cases. Thank you. Good job Bill. Thank you all. Good night everyone.
Good night team. Good night.
Thank you.