Thank you.
Good morning, Mr. Kelly, is that you?
Yes, this is John Kelly from Lexitus. I'm on by phone.
Okay, thanks, John.
Sorry for the delay, folks.
And Chair, we have 32 attendees, so you can begin.
Thank you.
Good morning, my name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, Thomas Holliman.
Present, Mr. Chairman.
And our Alternate Board Member, LeBaron Leonard Palmer from Development Services.
Good morning, Mr. Chairman.
Good morning.
And also present is our Attorney, Hillary Emerson, and our Executive Director, Tanya Sunken.
Here's our virtual format.
Be advised that proceedings are being recorded.
A video will be available by contacting tonyasunkett at phil.gov.
For the 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 to raise your hand and star 6 to unmute.
to want an appearance statement call 267-270-5548. Leave your email and the address of the property
in question. The question answer box on the screen is not for comments or testimony. Any comments
should be directed to our Executive Director, Tanya Sunken. Let's look at the continuations we have
on today's list. Number four, MI-2022-004-357-1439 Fawn Shaw Street. That case is continued.
Number eight, MI-2022-007-314-1932 Cecil B. Moore Avenue. That case is continued.
you. Number nine, MI 2022-007-385. Faith CDC has requested continuance. Mr. Anastasio,
if you're in the audience, please come on. Good morning, sir. This is Jason Hand. I will
be co-hosting this morning. Mr. Anastasio has been allowed to speak. Thank you. Yes, sir.
Good morning, Mr. Chair. Mr. Anastasio, could you state your name and spell please for the court
reporter? Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O. On behalf of my client,
the foundation of Mukadim, Atu, Kidma, and Mohammed Baldy.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I see that Faith CDC has requested a continuance. What's your position on this?
And is Faith CDC in the audience?
i do not see anyone um okay thank you anastasia what's your position on this
hold on mr chair hold on mr charles richardson has his hand raised okay in this matter so i
think we should bring him on as well thank you he's been allowed to speak good morning mr
richardson just state your name for the record please good morning mr chair charles richardson
the office of councilwoman cindy bass room 508 city hall of richardson r-i-c-h-a-r-d-s-o-n
do you swear a firm to tell the truth the whole truth nothing but the truth i do you have a
position on this uh our position on this is uh and i spoke to miss love this morning and uh
mr anastasio did participate in his firm participated in two meetings that were
unsuccessful in getting people to come out uh he is sticking to the codes which is you know
within his rights. So we're not going to oppose him moving forward.
Mr. Anastasia, you're going to move forward today?
Yeah, I mean, normally I would be amenable to a continuance, but we did put this application in in October of last year, and we did do two mailings, and after a while it just gets expensive.
Yeah, I mean, normally I would be amenable to a continuance, but we did put this application.
All right, we're going to call you in a little bit, okay?
Thank you.
All right. Number 13. MI 2022 004 360 10960 Dunton Road. This case is continued. And number 14. MI 2022 004 261 2807 Nightingale Road.
this case is also continued.
Is there anyone has any comments
relative to the cases that have been continued?
Mr. Chair, I do not see any hands.
Okay, thank you.
Are there any other requests for continuance?
Once again, sir, I see no hands.
Thank you.
And case number six, MI-2022-004-260-5306 North 5th Street.
I have no exhibits for this second listing and no one's appeared.
Solange Hoplite is the listed applicant.
Sir, there are no hands and I do not see anybody addressing by that name.
Thank you. So number six, MI-2022-004-260-5306 North East Street. No exhibits, second listing. No one's appeared the first time. I vote to dismiss this case.
Thomas Holloman, I vote to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Thank you both.
Number three, MI 2022, 004-355-1231-33 Walnut Street.
Karen Laurie Smith from Midtown Chocolatiers is the listed applicant.
We were notified of withdrawal.
We do not have a letter.
This is the second listing.
Is there anyone in the audience from Midtown Chocolatiers?
Sir, there are no hands.
Okay, so MI-2022-004-355, 1231-33, Walnut Street, this case is continued.
So we're going to go to our add-on list first.
Number one, MI-2021-005-282-3257, North 16th Street,
I vote yes.
Thomas Holloman, my vote is yes.
Ishmael Shaheed, my vote is yes.
Number two, MI 2023-001-253-1330 East Burke Street.
I vote yes, with provisos.
Her amended refusal.
Excuse me, Mr. Chair, this is the one I need to read the letter into the record first.
Oh, I'm sorry, please.
Give me one second.
Following the reconsideration hearing that we held on this matter on May 23rd, we received a letter from Eleanor Sharp, the Executive Director of the Planning Commission, regarding the Planning Commission's recommendation in this matter.
I'm going to read this letter into the record.
Dear Chairperson Bergman, the City Planning Commission participated in the reconsideration hearing for MI-2022-002678 at the May 23, 2023 Zoning Board of Adjustment Session.
The case was originally heard on November 15, 2022, where the Planning Commission provided a recommendation to support the granting of the variants that requested five new residential units.
At the May 23rd, 2023 reconsideration hearing, the appellant reduced the number of units to four, dwelling units to four.
The Planning Commission recommended denying the granting of the variant.
In reviewing the two hearings and our records, we now realized that we erred in providing conflicting testimony to the board on May 23rd.
Due to a technical issue with our database, the original recommendation and hearing information were not available during our review for the hearing on May 23rd.
This situation enabled the Planning Commission to give conflicting recommendations on this calendar number.
We are requesting to amend our recommendation on this application and revert to our previous
We are requesting to amend our recommendation on this application
and revert to our previous testimony and recommendation
provided on November 15, 2022.
The comprehensive plan recommends no change
to the existing residential single-family zoning at this location.
Wilt Street is not on the city plan.
It does not carry essential utilities
and cannot be used as a street frontage to enable subdivision.
The lot is also irregularly shaped and deep.
The total lot area per unit in the proposal is approximately 1,200 square feet, which is commensurate with average lot sizes in the vicinity.
The Planning Commission recommends that the board grant the variances.
We apologize for this inadvertent error and thank you for your consideration.
Sincerely, Eleanor Sharp, Executive Director of the City Planning Commission.
Thank you, Hillary.
So MI 2023-001-253-1330 East Burke Street.
I vote yes with provisos.
Per amended refusal dated 12-22-22.
Revised plans, two pages stamped by ZBA on June 14, 2023.
Thomas Holloman.
My vote is yes with provisos.
Ishmael Shaheed, my vote is yes with Proviso.
Thank you. Thank you.
Number three, MI2022-007-290-1800 North 22nd Street.
I vote yes with Proviso. Maximum five units.
Thomas Holloman, my vote is yes with Proviso.
Ishmael Shaheem, my vote is yes, with proviso.
Number four, MI 2022-003-293-2409 North 17th Street, I vote yes.
Thomas Hollum, my vote is yes.
Ishmael Shaheem, my vote is yes.
Thank you.
We're going to our regular list.
Number one, 2022-007-387, 1440 South 18th Street.
Nakima Carter is the tenant applicant.
This is a pro se case.
This application is for child care center on first floor with existing two-family household living above an existing structure.
One refusal.
The proposed use child care requires special exception approval in the CMX-1 Commercial Zoning District.
Nakeema Carter, please.
Ms. Carter will be rejoining as a panelist, sir.
Thank you.
Hello.
Good morning, Ms. Carter.
Hi, good morning.
Could you state your name, please, and spell for the court stenographer?
Yes, Nakima Carter.
That is N-A-K-I-M-A-H.
That's the name Carter, C-A-R-T-E-R.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Our vice chair has just a few questions for you.
Good morning, Mrs. Carter.
Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?
She just sent me something last night and said everything was complete.
So I sent everything prior to this.
Okay, thank you.
I had like a PowerPoint.
So she told me to send a PowerPoint, which has everything that I need and want.
so you could just flick right through it.
No problem. Thank you. Please proceed and share your screen.
And please turn your camera back on.
Could you share your screen with us, please?
And I would note the letter of support from the Point Breeze Community Development Coalition.
So this is basically my, okay, thank you. This is the basic email of the hearing. This
is my application of acceptance, special exceptions. This is the, I had got three pages filled
This is the, I had got three pages filled out from my neighborhood.
out from my neighborhood.
I also have it in biblical here.
That's great.
All right.
This is also another petition I started online on my own to get more votes.
This is the receipt showing that I mailed out all of the notices to people so that they can join the Zoom.
This is another receipt.
this is in here this is the front of the building this is the side side um this is like a point of
view for neighbors like a viewpoint for neighbors this is the inside this is the front this is like
kind of like a viewpoint of the whole side this is a a full this is the kitchen which is getting
like updated now and this is another side of the building this is another viewpoint right here
bathroom bathroom um this is another room inside the center windows door and that's what i have
okay and you went to you went to your uh rco2 right am i correct yes
Did they vote for you?
Yes, they did.
Do you remember the vote?
It was yes.
I got 13 votes,
one refusal, I believe.
Questions from the board?
No, Mr. Chairman.
Questions or comments
from the virtual audience?
i do not see any hands mr chair planning commission
thank you chair bergman sarah bond philadelphia city planning commission
the comprehensive plan recommends no change for sorry just for the record could you spell your
name for the corporate oh i'm so sorry i haven't done that's okay okay uh it is uh sarah bond s-a-r-a-h
b-a-n-h right do you swear or firm to tell the truth the whole truth nothing but the truth
yes i do please proceed okay uh the city planning commission excuse me the comprehensive plan