how many people in the audience
good morning chair we have 13 as of right now thank you very much you're welcome
good morning everyone my name is bill bergman and i will be chairing this meeting of the
Philadelphia Zoning Board of Adjustment. With me is our board vice chair, Tanetta Graham.
Present Mr. Chairman. Our board secretary, Cheryl Gaston.
Present Mr. Chairman. Board member, Taya Nguyen.
Present Mr. Chairman. Board member, Ryan McAdams.
Present Mr. Chairman. Also here is our board attorney, Hillary Emerson,
our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.
Recording of the hearing will be posted on the ZBA website.
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So let's look at our schedule for today.
number three mi 2025 001 562 1315 south 47th street this case is continued to 513 26 at 9 30 a .m
okay thank you sir for coming in and let's see here yeah 513 26
and hillary i'm going to call at number six relative to the continuance and handle that now
okay and number six mi 2025 005 528 3017 west sesquahanna avenue there's a request from the
council member young's office is there anyone from council members young's office present
good morning chair this is your vet benton i'll be your co -host for today
i don't see anyone from the council member's office but alan knockamson has his hand up
that's not right okay all right um okay so for number six we will hear that case when we get
to it today we intend to hold the vote because there's going to be an rco meeting in a few days
are there any other requests for continuance
chair we have alan knockamson with his hand up he has been unmuted and allowed to speak
Good morning, Mr. Nockamson.
Good morning, Mr. Chair.
Could you just state your name for the record, please?
Alan Nockamson.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Your two cases at the end, is that what you want to talk about?
Yes, Mr. Chair.
100 West of Wall Street and 102 West of Wall Street.
So, Mr. Chair, just to give a little summary about this matter.
These are both remand hearings.
There are any appeal in front of the Philadelphia Court of Common, please.
appeal in front of the uh the philadelphia court of common please hold on a minute should i see if
Hold on a minute.
masters is in the audience all right mr masters could you come on please that's mr knockoffson
speaking he's been unmuted and allowed to speak chair good morning mr masters good morning could
you please state your name and spell for the stographer steve masters s -t -e -v -e -m -a -s -t -e -r -s
all right do you swear or affirm to tell the truth the whole truth nothing but the truth
All right.
So, Mr. Nockamson, could you start over, please?
So, this is a hearing today, a remand hearing, where it was limited in scope, where the appellant was going to be given an opportunity to question, question, examine, and rebut the testimony of our expert witness, Ray Rolla.
I do believe we may be close to a settlement, and we're asking for additional time to have that heard, and rather than waste the board's time, we're asking for a continuance of this matter, you know, but it's a non -traditional track.
We don't want to, like, have a...
I understand. Mr. Masters?
We are in complete agreement, Mr. Chair.
We are very close to a final settlement, and a continuance would be necessary to make that possible.
All right. Thank you very much. So number seven, MI 2025 -005 -709 -102 West DeVal.
And number eight, MI 2025 -005 -712 -100 West DeVal Street. Both cases continued. The date that we
will give it at this point is 5 -13 -26 at 9 .30 a .m. And Mr. Chair, I just want to note for the record,
We did receive a continuance request in both of these cases from the Pomona -Cherokee Civic Council.
I think they had some concerns about the process.
I don't know if anyone from the council is listening, but this is a remand hearing.
It is not a typical variance case where it would go through an RCO meeting and such.
So I just wanted to note that for the record.
I agree with the continuance. Thank you. Thank both of you for calling in. We appreciate it.
Thank you, Mr. Chair.
So we'll start with number one. Anyone else having a continuance request?
Chair, we have someone with the phone number ending in 3552. They've been unmuted and allowed to speak.
hello good morning i please state your name is spelled for the stenographer
adrian fernandez my last name is spelled s -e -r -n -a -n -d -e -z and i'm chairman to ask
if you hold on one minute you swear we're firm to tell the truth the whole truth nothing but
the truth yes in what case do you want to talk about i wanted to ask about 26 18 north 22nd
the street, if you had called that in the continuance section?
We intend to hear the case when we get to it.
We are requesting a continuance or dismissal because there's been no public meeting.
We didn't learn about today's hearing until yesterday evening, and the property has also
not been posted with ZBA hearing posters.
All right. So what we'll do is we're going to call the case and we'll try to work through those issues.
OK, we are going to call the case and then we'll bring all those issues up then.
OK, thank you.
All right. Bye bye.
OK, so number one, MI 2024, 005, 585, 4022 North Rees Street.
Polino is the
owner applicant
this is a resumptive hearing
do we have a Spanish interpreter
online
here I see
no hands
and do we have an interpreter
okay someone
Joshua Orega
just raised their hand
They should be coming back in as a panelist here.
Thank you.
Good morning, everybody.
My name is Josue, and I'll be your Spanish interpreter.
My D is a Delta.
X is an X -ray 156.
Good morning, Mr. Chairman.
Did you spell your name?
Did you spell your name?
It's J -O -S -U -E.
It's J -O -S -U -E.
My last name, Arriaga, is A -R -R -E -A -G -A.
All right.
Do you soundly swear or affirm that you will interpret accurately, completely, and impartially from English to Spanish and from Spanish to English to the best of your ability?
I do, Mr. Chairman.
Thank you.
Could you call Lydia Polino?
Could you please ask her to come on?
Muy buenos días con la señora Lidia Polino
Por favor, si se puede
Unir a la reunión
Le van a mandar una solicitud para que pueda entrar al panel
I see no hands, Chair
I don't see Ms. Lidia Polino in the roster, sir
OK. Yeah, sure. Sure. Just hold on a minute, sir.
I'll be standing by.
Thank you.
Thank you.
Okay, yeah.
she's trying to log on now
all right what was that sir she's trying to log on right now oh okay oh yeah there she is
lydia paulino she's raising her hand right now sir thank you i'm about to promote her to
panelist here. Thank you.
Good morning. Could you please say to her, do you swear or affirm to tell the
truth, the whole truth, nothing but the
truth.
okay all right so this is a resumptive hearing and this is how the hearing is going to
go the applicant will discuss the updated plans we will then have questions from the board in
our council we'll take public testimony limited to the supplemental information we have today
and we'll look at whether planning wants to give us an update so could she please start her
Now, you want me to go over that again a little slower for you?
So it'll be the discussion of updated plans by the applicant, and we can start with that first.
So could you ask her to please start that?
And if she would, make sure that she shows us her documents, all right?
I'm sorry, Mr. Chairman.
She was just mentioning that her camera – she's apologizing because her camera is not working at the moment.
So just to start with that, and let me tell her what you said.
In este caso, señora, you were saying, sir?
you were saying sir yeah um does she think that the camera will work
Yeah. Does she think that the camera will work?
that's not working right now
okay um why don't why don't we do this um interpreter could you um we're going to go
on with a couple other cases and we'll come back and see if she has that okay so let us handle two
a couple cases, then we'll call you back
and tell her we'll call her back, too.
Vamos a ver si a lo mejor se puede salir y volver
a unir a la reunión para ver si usted puede
arreglar la cámara. Vamos a llamar a otros casos
actualmente por el momento
y ahorita regresamos con usted.
La vamos a volver a llamar, sí, para ver si podemos arreglar
su cámara. No hay problema.
Okay. No problem.
All right. So, number two.
MI 2024 -006 -713 -2618
north 22nd street bianca and bobby bosquette are the owner applicants is this a pro se
oh oh you're here
whatever one you want how's that
okay do we have her documents and okay thank you all right um could you please state your
name and spell for the stenographer um bianca bosquette my first name is b i a n c a my last
name is b -o -s -k -e -t great um do you swear or affirm to tell the truth the whole truth and
nothing but the truth yes so this application is for use as a personal services in an existing
structure were previously approved second floor apartment to remain whereas the proposed use
personal services in the prohibited in the rs are prohibited in the rsa fine zoning district
our vice chair has a few questions for you okay okay good morning did have you submitted your
documents five days in advance of this hearing? Yes, ma 'am. Okay. And this chair just read your
refusal. Do you stipulate to the accuracy of the refusal? Yes. Yes, I do. Okay. All right. Thank
you. Okay. Okay. Show me. Oh, I'm sorry. So how this all started, I always thought that my building
was zoned as commercial at the bottom because when I boarded, it was zoned as commercial at
the bottom and apartment upstairs. So I recently, a couple of years ago, I became a licensed
cosmetology teacher. So how I even found out that my zoning was switched is that I went downtown
to Illinois to try to do the steps to make my building a cosmetology school. They told me that
my building zoning was switched on me and I had no idea. I paid trash every year as commercial
property as $500 a month. I mean, not a month, a year because I'm a commercial building. I had no
idea that it was switched or whatever. I just always thought it was commercial because my plan
is to do classes, to do different. I have a contract on hold with a healthcare agency to do
community events and whatever when it comes to the seniors and stuff. And I can't sit here and teach
and do here okay so i think we understand how this started so why don't so why don't i said
that's okay so why don't you start can you see your proposal your yes all right so why don't
you start talking about what you have there and what you want to do it's how long have you been
there you should i've owned a building for about to be 15 years i'm a young entrepreneur 37 years
old. And everything is just an open space right now. So I'm just trying to get my zoning
and together that I didn't know that it was, you know, switch. I don't have any issues
with the neighbors. I've been a part of the community, a part of the neighborhood. I have
a good relationship with all the neighbors on all the blocks. The block captain is behind
me as well. And I was explaining to him how this even started out is because I went down
on my own self because I was trying to do different classes,
what you charge and stuff like that as well.
But they told me that my building was switched on me,
and I didn't get no notification or nothing.
Did you post the building?
Posted.
Did you put a poster outside?
My zona board?
Do you have a picture of that?
Oh, I see.
All right.
I posted on both sides.
They told me on.
Do you stay in the apartment upstairs?
All right.
all right okay i live out delco okay do you have a picture give us some more pictures inside
um of the first floor yeah well you don't have to i mean on here just showing here
Well, you don't have to, I mean, on here, just show on here.
and go back and show the inside
Ian, go back and show the inside of the place.
Please, thank you.
and there was a picture of a bathroom in there too am i right it's only in a it's in a bit okay
um and in my notes it talks about you had tried to notify a few rcos
Yes. I don't know if y 'all remember me last time I was on the Zoom meeting with all you guys, and I was letting you know I sent over a notification. My zoning had got switched from All in the Family to Swamp Poodle. I took the time, when it was All in the Family, I took the tribe to drive up to the address because when I call, I don't get no answers. And then when you email, they don't respond back.
So it got switched over to Swamp Poodle.
Colin, I believe somebody named by the Colin or something was helping me out.
Like we were communicating through emails and whatever.
And the gentleman had told me to hop on the Zoom, the last Zoom meeting with you guys
to tell y 'all what's going on because I've sent out several emails.
They gave me a date for last time.
They gave me a date.
They switched my date and was like, I guess they had too many cases that they couldn't
do it.
And then I kept emailing them and stuff, trying to get a new date for my zoning board.
And they was not responding back.
So the last time I had a zone board meeting in front of y 'all on a Zoom, I believe it was you, sir, that told me.
I think so.
But I'm not sure, though.
But I believe it was you.
And you said, after we finished this call, because I stayed on a Zoom until like 5 o 'clock or 6 o 'clock to the end.
That's right.
So I explained to you guys what was happening.
I was communicating with these people.
I was emailing them.
You told me as soon as I get off the Zoom to email them.
And if they do not email me back, you told me to use template two and mail it out to, you know, the the the properties that's within 250 square footage.
But it has been a horrible experience with the RCOs.
Thank you very much. Questions from the board. You're welcome.
So your plan is to operate a cosmetology school?
My plan is to do a cosmetology school with classes because I can't actually do a big school, but that's like doing events and charging them as well.
And I also plan on doing other events, too, as well, to be honest with you.
So I have a lot of stuff coming that I want to do with this.
It's called Helping Hands.
It's a home agency.
So I want to do like a bingo situation with the seniors and stuff like that.
I have someone that's going to come in and do knitting classes as well.
I have a credit person as well.
So it's like, it's a mixture of different things that I would like to do to be honest with you guys.
And I just wanted to do it the correct way.
But I always thought that my building was commercial and I didn't know that it was switched.
How many people are you planning to have on site at a time?
Like, how many are you envisioning in this space?
Like 40.
And then for the cosmetology school, is this all going to be sort of like lecture instruction?
Yes, it's going to be lecture.
So they're not going to be practice?
I just wondered because you don't necessarily have other water hookups.
No, no, no, no.
It's going to be like lecture instructions and then it's going to be me instructing and it's going to be like, it's not going to be like hands on.
It's going to be like look and learn.
And it's like with the curriculum that I do want to do, because it's not actually a school.
It's like you're doing classes, which you charge people to do.
And since I'm licensed, I'm able to do like the classes according to the state boards, but I have to have my property structured the correct way in which I thought it was because it always was a hair salon, even previously before I bought it too. So I purchased it as that, and I never knew that it was switched and I'm still being charged commercial for trash. And they said they can't give my money back.
oh I have a question um is in looking at this picture board member Graham this is a matter
that you're recused from oh that's right I don't know not this one yeah I think it was this one
is it this oh I'm sorry never mind I'm looking at the wrong one my apology
oh my question was if I'm looking at this picture where is the the back door um how would you get
out of the uh it's a it's a it's a back door where the bathroom is at okay so it's after
beyond the bathroom yeah okay and the repairs that we're seeing now this is the current state
of the property right okay yes i'm sorry i didn't mean to say other questions from the board yeah
one more question is there a kitchen net on the property uh kitchenette yeah i'm just trying to
Yeah, I'm just trying to figure out this pass through that's next to the exit that has the cutout in the wall.
figure out this pass -through that's next to the exit that has the cutout in the wall what is that
What is that leading? That's the door. Those are shutters like the shutter.
The shutters are down. So that's why it's dark because I took it when I was inside.
OK, so those are. Yeah, those are windows to the Herald Street into 22nd Street.
That's the that's the storefront. Yes. OK.
That's the corner of the property. Yes, it's the corner of the property.
Yeah. Other questions on the board.
questions or comments from our attorney um so i just wanted to get a little clarification on what
you're doing because your refute your referral is for personal services however if you're having
events that is not personal services that's actually a different zoning category so if you
want to be having events like a bingo night or something like that you're going you actually
were going to need to amend the refusal so that it includes what's called assembly and entertainment
um because that is that is what you're doing the classes that you're teaching that would be
considered personal services um but having events at the property is not personal services so you
wouldn't under the application that you have now you wouldn't be permitted to do events so
you need to amend the refusal to add that use to the refusal okay see they they put person i don't
know nothing about personal service but when i went down to lni at the municipal building they
did all the wording and stuff i just told them what i wanted so i didn't i didn't personally
know exactly what personal service was i just explained to them everything that i was planning
on doing and then they did the application i did the application and stuff and then i had to get
transferred over to the gentleman that did my refusal or something like that right right i didn't
I don't know like what personal service actually falls under.
I just went, I just explained to them the stuff that I wanted to do and then they categorized
what I needed and then they sent over the refusal.
So I didn't, I don't know nothing about like everything that goes under personal service.
Right.
No, personal, personal services would be like a hair salon.
Or if you're having, you know, classes of, of different types, like you talked about,
that would be personal services.
But if you're having events, that would be under assembly and entertainment.
So if you're doing services is not is not events like I mean, if you're having an event related to your classes or something, but you're talking about having a bingo night or something that's separate, distinct, you're having different groups of people come into the property that is assembly and entertainment.
So it will be different groups coming into the property with personal service too, right?
Like if you're doing like classes, like say if you're doing a balayage class, like it's
a class that I plan on doing, that's different people coming into the building too, right?
Right.
But you're teaching classes, like that would be considered personal services.
If you're having events that people are coming out to, like a bingo night, that is a different
category in the zoning code.
So if I wanted to do both, what do you, because I explained everything I wanted to do.
Right.
Do you need to have the refusal amended?
So you have to send the zoning ward a letter and ask permission to amend the refusal to add the use of assembly and entertainment to the refusal.
So add the assembly.
We can provide you instructions.
We'll provide instructions over email so that you can do that.
But, yes, you need to amend your refusal in order to be able to have events that are not the classes.
And once I do that, I'll be able to do the hair classes, too?
The classes, that falls under personal services.
That's fine.
It's just the other events that you were talking about, those would not fall under personal services.
personal services is like you know health and welfare sort of stuff you know gym you know nails
hair spa you know like those sorts of things okay um so you go beyond that then you need to you're
in another category okay so i can do that and then amend the other one with assembly yes well we'll
give you instructions for for what you need to do so um i believe the board was going to hold this
anyway because you have an RCO meeting in a couple
of days. I didn't get any
notice. No. Oh, that's the
approval. Oh, sorry.
She can allow us to mix up
today, huh?
Hillary, so what I think we could do
is, tell me if I'm wrong,
we'll continue normally,
we'll take testimony from the public today.
Yes. Right? And then what we'll do is
we'll make this a resumptive hearing.
I guess we can do that. Okay.
All right.
Questions or comments from the...
it does say too that there she may be missing a refusal for multiple principal right uses on a
lot so because you're going to be doing these different things you may need to when you do
the amendment, you may need to have permission to do, to have multiple principles.
you may need to have permission to do to have multiple principal uses on a lot the assembly
and entertainment and other personal service okay so here's what we're going to do somebody's going
to help you right in get back to her and tell her what she needs to do i have a question because i'm
a single mom paying for college right now and is this another seven hundred dollars i have to pay
what's for me will this be another seven hundred dollars that i have to pay because i had to pay
a lot of money for this. No, no, no, no, no. You're just, you're just, you're just making a
change to your current application to reflect what you're actually doing. It's not, you're not
submitting a new application. You're not submitting a new appeal. No. Okay. All right.
Thank you. I would worry. All right. Wait a minute. Questions or comments from the virtual audience?
Here we have a caller ending in 3552. Adrian Fernandez, they have been unmuted and allowed
to speak
good morning Adrian you've already been sworn
you've already been sworn
just state your name and start your testimony
we did send in a
letter
Adrian just state your name first
say my name yeah
okay Adrian
Fernandez okay then start your
presentation
okay we're asking
that we do have a compliant process here, RCOs, the affected RCOs were emailed by this applicant
and we answered back in each case.
That would be a swamped RCO, all -in -the -family first, and also strawberry matching concern.
All -in -the -family early on even offered extensive assistance with helping the applicant to follow
the instructions from ZBA and Philadelphia City Planning Commission.
We have not heard anything from this applicant since the 8 -27 -25 hearing.
We would like to not forego our right to have a public meeting, especially now.
We just learned about this hearing last night because Strawberry Mansion Concern noticed it on the schedule.
We did not see it during October, and we did not receive an email from ZBA showing the notice of continuance and any posters.
the property was never posted and recently there was an eight and a half by 11 paper
placed over six feet tall that could not be read i still don't know what it says
um we saw that last night but the property was never posted we turned in photographs showing that
um throughout 2025 just since we were aware of it so we would like to have our right to a public
meeting especially learning today that multiple uses are being requested on that small street
the neighbors have notified us at three to four other public hearings along that street
that they do not want hair salons there so we are concerned that they be properly notified
we're proof of mailing that they get a chance to have a public meeting so we're asking if
there's a resumption hearing because nobody knew about today's hearing in our community that the
public comment be also heard during a resumption hearing i wouldn't be here if strawberry magic
concern didn't tell me yesterday evening that this hearing was today and i do check the schedule
regularly so we're asking also that we have full knowledge of the amended refusal because
Because we do not like to have public meetings without a correct refusal so that neighbors are truthfully and factually aware of what the meeting is about and what the property, what type of zoning use the property is asking for by variance with special exception.
So, again, we're asking that the public comment be heard at the resumption hearing, hopefully after the holidays, because it's difficult to schedule meetings during the holidays, major holiday periods, like Thanksgiving and Christmas, and also that we have full knowledge and documentation of the amended refusals so we know what the hearing is actually about.
Thank you very much.
Thank you.
Anyone else in the virtual audience?
I see no hands, Chair.
Plenty, do you want to make comment now or do you want to hold?
Chair, we can make comment.
All right.
Go ahead, state your name.
Good morning, Commissioners and Chairman David Vecto, F -E -C -T -E -A -U with the City Planning Commission.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Please proceed.
Chairman and board members, the comprehensive plan recommends no change to the RSA -5 residential single -family zoning at this location.
The city rezoned this neighborhood in 2014 in accord with recommendations in the comprehensive plan.
the city rezoned this neighborhood in 2014 in accord with recommendations in the comprehensive
plan at that time this property was zoned cmx 2 commercial mixed use the city issued a permit
in 2009 for personal services and a permit in 2011 for another commercial use the proposed use
or uses are in keeping with documented prior use the city planning commission recommends the board
grant the requested variance for personal services and other uses described in the appellant's
testimony. Thank you very much. So we're going to have a resumptive hearing on this on 2 -3 -26
at 9 30 a .m. And go ahead. I have proof that I did reach out email to everybody and my posters
were up and everything. Oh okay. Your testimony and we understand it all right. So it'll be 2 -3 -26
at 9 30 a .m and the staff is going to help you with your amended refusal okay okay thank you
oh did you want to speak to the okay no thank you who do we want to speak to no that's okay
thank you all right
number four mi 2025 002 163 1410 to 26 what cheltenham avenue this is a resumptive hearing
Rachel Pritzker is the attorney.
He's coming back in as a panelist now, Chair.
Good morning.
Good morning, Counsel.
Could you please state your name and spell for the stenographer?
Yes, it's Rachel, R -A -C -H -A -E -L, Pritzker, P -R -I -T -Z -K -E -R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
So this is a resumptive hearing. And my understanding is that you will make a presentation of the amended refusal and revised plans. There'll be questions from the board, public testimony, and then a planning recommendation. So could you please start your presentation?
Yes. And I apologize. I'm a bit under the weather. So I'm going to try not to cough, but I'm not feeling my best today. But I wanted to make sure to get through this. So this is 1410 to 26 and 1428 West Shelton Ham Avenue.
um that my client is jerry johnson on behalf of blue diamond car and truck spot llc we also have
our architect here with us rustin oler and we have um our engineers here as well
this was a little bit ago so the board may not have it fresh in their mind but um this was is
basically for a lot line relocation to turn three lots into two um and we're doing a demolition
of the structures on one lot to do a brand new personal vehicle repair maintenance, a car wash
with seven accessory off -street surface parking spaces, a van accessible space, and then the
existing three -story structure will remain on the other lot. We went back for an amended refusal
because as you can see from the refusal on my screen, some of the landscape buffering and the
landscape requirements were still contained on the refusal despite making changes to them in the
actual plans, but we had not completed fully the process with the Planning Commission. So what you
see in front of you is the amended refusal that was revised to basically show the compliance with
all of the Planning Commission requirements for landscaping and the waivers that we obtained
because what we're proposing is in keeping with the spirit of what's required from a landscaping
perspective. So all that we have here on the amended refusal or revised refusal is just for
the use, which is for personal vehicle repair. The site is zoned CMX2 and has a refusal for
that specific use in CMX2. Here's our leave to amend letter just stating the changes.
And again, this was really just related to making sure that the refusal reflected the compliance with the landscape requirements.
I don't know that I need to go back through the hardship argument.
I'm happy to if the board would like.
I just think maybe refreshing the board on the plans and then just going through again the landscaping compliance would be helpful.
We also had support. So this is the site, if you remember, half of the on this side of the street is Philadelphia County on the other side of the street is different.
So not a whole ton of affected neighbors on this side of the street, just given the oddness of the split municipal townships, I guess, if you if you could say this is just an aerial of the site, if you recall.
townships, I guess, if you could say. This is just an aerial of the site, if you recall.
And so again, while it's zoned CMX2, it's been sort of auto -oriented and is on a pretty busy
street. A lot of the conversation we had in the prior hearing was about turning radius and the
parking and just making sure that we had thought through sort of how to get in and out of the site
and not too much idling, and that we're actually including more parking spaces than required
so that we can make sure to mitigate any concerns with parking and idling on the street.
This is just the zoning posters, again, a fenced -in lot.
Same as before, just a little bit further away, views of the site.
Here's just the portion of the code where we don't comply.
CMX2 doesn't allow for a car wash.
We did a community meeting over the summer, and we had support.
These are the notices for mailing, and we had support from the 10th Ward Democratic RCO for this.
Let's see if I can make sure.
11 in support and one opposed to the project.
And then just the plans showing the lot line relocation.
New legal descriptions, site plans, as well, turning radius, elevation of the existing structure, and then the site plan with more of the renderings.
Also showing the landscaping, buffering, and green space to comply with the planning commission requirements as well.
A rendering of the site, rendering of it at night, a little more artistic rendering of it, and then this was more of a landscaping plan as well.
I don't know if we want to bring on our architect or engineer to go through this in more detail, but essentially we're now in compliance.
Well, they testified the last time, am I correct?
Yeah, they did.
Is there anything you want to do that you want them to bring out?
Maybe they can just briefly go over just because I don't have a license to discuss architectural plans or engineering plans.
so just for benefit of the record just having them briefly go through it and if in the event
the board had any questions the only thing i would want is if there's something different
okay i don't want to you know if you tell me there's something different you think one of
them yeah do that there was there's nothing different essentially we just had not gotten
an amended refusal we had reviewed this with the planning commission they had sort of signed off
on the plans but we had not finalized the process the way that we had thought we had so we that
that's the whole point of why we went back through but we're meeting the requirements and we have a
waiver for any elements that we can't meet but that are in spirit with what the planning commission
requires for landscape buffering okay um and more detail on the shrubberies and the planting scheme
um and then obviously the the proviso plan form so um did you see the proviso's the 10th word had
commercial trash pick up two times a week
and no illuminator and animated signs?
Yes, and I believe we were fine with those, yes.
Okay, all right.
Do you want to bring your client on
to adopt your new testimony?
Is Jerry Johnson in the audience?
The only, I think,
just point of clarification
that we discussed related to the lighting
was that it would be front lit nothing would be rear lit um we don't have a we're going to have
a sign we don't have it on this application but just we i think we had agreed that we weren't
going to have it lit in the rear at all on the site so that it would not be there's that apartment
building behind in a parking lot okay i'm here could you please state your names there and
spelled for the stenographer uh jerry johnson uh j -e -r -r -y johnson j -o -h -n -s -o -n do you swear
or firm to tell the truth the whole truth and nothing but the truth yes sir counsel jerry
have you heard my testimony today do you believe it to be true and accurate and do you adopt it as
your own. Yes. Thank you. Questions from the board.
Just some booth. Yeah. Did I see you said there was something about an apartment building? I thought
you said there weren't too many residences. Yeah, there's an apartment building in the back
too many um residences close yeah there's an apartment building in the back of the site which
we uh went over um when we first presented the case yeah but like were they they were part of
the mailing that went yes everybody was notified it just was a limited list just given had half the
side of the property is not even in philadelphia county so it just was a weird just the location
is unique in that way it's my first time experiencing that all right thank you sure
questions from our attorney
not at this time mr chair their comments from the virtual audience
i see no hands chair
um planning commission thank you chairman and good morning david
with the city planning commission chairman and board members the comprehensive plan recommends
no change to the cmx2 commercial mixed use zoning at this location the city rezoned this neighborhood
in 1977 in a council supported map change according to the 1942 works progress administration land use
map this property was recorded as a gasoline station back then the property appears to have
been in constant use as an auto related business since then a city planning commission recommends
the board grant the proposed use variants for personal vehicle repair and maintenance thank
you um mi 2025 002 163 1410 to 26 west cheltenham avenue i vote yes with provisos
commercial trash pickup two times a week no illuminator or animated signs
And Mr. Chair, there's an amended refusal as well.
Her amended refusal dated 10 -6 -25.
Cheryl Gaston, my vote is yes with provisos.
Tanetta Graham, my vote is yes with provisos.
Ryan McAdams, my vote is yes with provisos.
Tywin, my vote is yes with provisos.
Okay, Rachel, we have one more for you.
M -I -2025 -002 -666 -9313 Busselton Avenue.
Rachel Pritzker is the attorney.
Rachel, just state your name, please.
Yeah, Rachel Pritzker, P -R -I -T -Z -K -E -R.
There's unanimous support from the Greater Busselton Civic Association,
a letter of support from Council Member O 'Neill,
and also six form letters from neighbors adjacent.
Our vice chair has a few questions.
Good morning.
Have you submitted your documents five days in advance of this hearing?
And do you waive the reading of the referral and stipulate to its accuracy?
Thank you.
You can proceed with the case.
Thank you.
So this is 9313 Old Busselton Avenue.
My client is Rachel Gonzalez on behalf of Land of Learning.
And our architect is Carl M. Berger, should we need to bring him on.
In front of you is the referral, as mentioned, the property is zoned CMX1 and RSA2.
And this is just an application to extend the existing use of a child care center on the first floor to the second floor of an existing detached structure.
And that is the only referral and variance that we're seeking, or I guess special exception that we're seeking today.
The Land of Learning is an experienced child care center that operates out of the first floor of the property.
It has two administrative permits, and we're just looking to expand its current operations to the second floor.
It requires a referral, and the area is a mixed CMX1 and RSA2, although when I show you the structure, see that it's not really suitable for a single -family home.
We did the tax clearance. This is the lease.
Okay, so this is the site here in red. As you can see, it's on Old Busselton Avenue and it's
sort of at the tail end. It's surrounded by CMX1, CA1, and then commercial mixed use one at the
corner and this little triangular piece in the rear for whatever reason is zoned RSA2 so that's
what's triggering the half CMX1 RSA2 component. Just an aerial view of the site as you can see
it's not really surrounded by single -family homes it's more in a commercial and auto mixed -use area.
area. This is the structure from the front, the zoning posters, a few down the street.
this is the structure
Again, next to mostly commercial buildings.
as mentioned this is currently being used on the ground floor as a
child care center so just some interior photos um and uniquely enough the client spells her name
rachel the same way i do which never happens so i can see that on some of the signs small
kitchen space she has, some of the cute little backpacks. As you can see, it's kind of a tight
space, so to be able to use the second floor to expand this existing child care center.
Bathroom in the back.
again more of the interior space
this is the upstairs space so there's nothing there now
just some storage paint stuff like that so our application proposes to
able to expand downstairs to be able to use this space as well
So it's a nice, clean space. It's just nothing's being used up there at the moment.
So in CMX1, it doesn't allow for a child care center without a special exception.
and obviously given the number of kids and the existing use, a group child care center or a
family child care center doesn't fit what we're looking for and obviously not an adult care center
so it requires a special exception. We met with the community over the summer, the Greater
Busselton Civic League, as mentioned, we sent out mailing notices, and they submitted a letter of
25 people in support, no opposition to this application. We also have a letter from Councilman
Brown O 'Neill in support of the application as well, and as mentioned, we also got some near
neighbors to submit letters of support um this is just a better aerial view of the property just to
kind of see what the surrounding area is like. This is just showing the existing daycare
from an aerial view site plan.
Let's just show the breakdown of the space
and the egress utility space. I know that the vice chair has asked before about outdoor play
space. I note it here in the front. So there is outdoor play space. As you saw, the indoor is kind
of cramped. So not a real opportunity to have it inside there, but it will be outside.
And then again, just as previously shown, some of the aerial views, or sorry, indoor views
of the space um this is the side parking lot this is a structure here so ample place for drop off
and pick up not on the necessarily have to be on busselton avenue their existing sign
um and just our memo of law which don't need to go through um
if we can bring on rachel gonzalez if she's in the audience and then i know our architect is
available in the event that there are any specific questions on the floor plan or the
site plan. Bring your client on, please. Chair Rachel Gonzalez
is coming back in as a panelist now. Thank you.
Hi. Hi, Ms. Gonzalez. Hi, how are you? Could you please state your name and spell for the stenographer?
Hi, Ms. Gonzalez. Hi, how are you? Could you please state your name and spell for the stenographer?
Good morning. My name is Rachel Gonzalez. First name, R -A -C -H -A -E -L. Last name, Gonzalez, G -O -N -Z -A -L -E -Z.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel?
Rachel, have you heard my testimony today? Do you believe it to be true and accurate, and do you adopt it as your own?
Yes, I do.
Thank you.
I guess the only last thing I wanted to mention, Chairman and members of the board, just as far as the comprehensive plan is concerned, it does call out in the upper far northeast district plan, the old Busselton Town Center is a focus area.
So our proposed child care expansion would align with the goals of that focus area to encourage more community serving uses.
And so it's a more walkable, vibrant neighborhood.
And I realize I didn't talk about the hardship, but the zoning would really allow for uses
that would require us to vacate that space and put in a different use, like an adult
care center or something that would be different than what's there.
It's been a benefit to the community having the child care center there.
And I think to expand, it would increase that amenity.
And also, it's not an overuse of this space.
It just would be that second floor that's not being used for anything.
I just don't think it would make sense to put one unit above there, given just, you
know there's kids down below i just don't know that that's an appropriate use for above when we
could expand um the child care center all right thank you very much questions from the board
um yes um okay so how how many children do you have there now we're currently licensed for 30
um enrolled 29 right now okay so and then with this extra space how much more space are we talking
about how many more children are you contemplating being able to accommodate? I wouldn't know until
we would get the occupancy measured up there, but just by judging, it's smaller than what we have
down here. So I'm thinking maybe like 15 tops extra children if we were lucky. Okay. And then
um do we have an age for the children uh threes threes to five would be upstairs
ah okay and then do we have a picture of the stairs
um i didn't i i didn't i know that i saw uh the egress marked on the right i i i saw the
Yeah. Opening like the door. But I don't know if I saw the stairs.
You take a look.
You're talking about the internal stairs? Yes. How the children would actually get from this
first floor to the second floor. The picture that Rachel just passed up above this one,
rachel that door right there does lead to the um the hallway that leads upstairs is a carpeted
um stairway that leads to the upstairs closure door that would then open to the second floor
entrance yeah okay but you don't have a picture of it i i can run right now if you want me to
take a picture of myself show you no i just you know um no i don't think there was a picture of
that there we weren't really accessing it at this time because it wasn't um you know i wasn't allowed
to yet but is this that stairwell is the bathroom that is that right there that you just scrolled
past up again that's the entrance there's like a window and then immediately to the side there
is the stairs so our architect has one he's online i don't know if we can just promote him
uh board member gaston and then he can just share his money bring him one yeah so my yeah my no
problem i i believe that you know with with stairs there's there's an issue of how these
what is it the use not use category but like the group that it belongs in and whether you have to
have extra means of ingress and egress because of the stairs or the age of the children that can be
be in the space because of the stairs you know they're there are different requirements so
I don't think you have you said you don't have anybody two and a half or below right you said
three and up so I'm not sure if it's it applies I'm just there is another stairway in the back of
of that, the upstairs.
So there's a stairway that is accessible
is accessible from the side of the building and there's a separate stairway from the upstairs
from the side of the building
and there's a separate stairway from the upstairs.
out the back a covered outdoor stairway okay yeah so that that was the concern because there's also
yeah the issue of you know what would happen if there was something bad shall we say that there
was a means of um egress from that second floor space that was right there we passed um one of
the pictures that did kind of show a snid bit of it up up um up um carl has one if we can bring
him on is there why don't you bring him on please yeah what's his name carl emberger okay
mr emberger please unmute yourself he's promoted to panelist here sure thank you
mr emberger complete could you please state your name
Carl Emberger and spell it please for the sonographer yes it's a c -a -r -l -e -m -b -e -r -g -e -r
you swear or affirm to tell the truth the whole truth not forget the truth
I do please proceed counsel Carl are you able to share your screen and address the board members
questions related to the interior stairwell and the egress required for this?
I can. I will start with photos. Can you, oh, sorry, I'm missing the wrong one. Hold on one second.
Okay, so this is at the top of the stairs that was in the kind of the background of one of the photos that you previously saw, and then as you move down,
it goes down into a hallway and then to the left at the bottom of the stair.
So this door to the left here goes directly outside. The door to the right in the back
goes into the existing space that they're currently using. And then let me see.
i don't have the best photos of the stair in the back but there is a covered egress stair that
comes from the back of the building so there's a door up here um that's coming from the the rear
space and it it turns on a um covered landing and then comes down this stair to grade
okay okay any other thank you any other questions
yeah i have a question is the plan to keep the space open on the second floor or will there be
like partitions that you'll utilize to separate um go ahead rachel i was going to say my you're
going to use it the way it is right now yes yeah unless if you guys allow the ordinance and
my inspector comes and tells me to change it for octal um i have to listen to her but for me
i think it's okay
other questions questions 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 thank
you chairman and good morning david vecto with the city planning commission chairman and board
members the comprehensive plan recommends a change in zoning at this location from cmx1
commercial mixed use and rsa5 residential single family to cmx2 commercial mixed use
the city rezoned this commercial corridor in to cmx1 in 2022 and a council requested map change
The City Planning Commissioners recommended against this rezoning.
The Appellant has shown that the proposed child care center will have no detrimental impacts beyond what might be expected.
The City Planning Commission recommends the Board grant the special exception for a child care center.
MI 2025 -002 -666 -9313, Old Busseton Avenue.
I vote yes with proviso.
Certificate of occupancy to be obtained.
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Ryan McAdams, my vote is yes, with proviso.
Ty Nguyen, my vote is yes, with proviso.
Thank you.
Thank you, counsel.
Thank you.
Thank you.
Thank you.
Let's go back to number one, MI 2024 -005 -585 -4022 North Free Street.
Interpreter, please.
Interpreter, please.
Yes, sir.
How are you, sir?
Just state your name for the record.
My name is Josue Arriaga.
All right.
Could you, and you've already been sworn to ask,
could you please ask Lydia Polino to come back on?
Señora Polino, ¿está en la línea?
Sí, estoy presente.
Okay, si puede intentar prender su cámara, por favor.
No, no pude. No he logrado eso.
El caso va a ser continuado. El MI 2024 0055 854022 Northern Street va a ser continuado para el día 13 de mayo del 2026 a las nueve y media de la mañana.
Sí, muchísimas gracias y que tenga un excelente día.
All right. Have a wonderful day.
Thank you very much, sir. We appreciate your help.
okay so number six um our vice chair is going to recuse herself from this case
mi 2025 005 528 3017 west sesquahanna avenue shay aragman is the owner um and pro se
they're coming back in as a panelist now chair
Chair, I'll be recusing myself from this case.
Thank you.
hi shay good morning mr could you please state your name and spell for the stenographer
sure shay my fruit my phone is shay argaman uh it's spelled shay y first name last name a -r -g -a -m -a -n
right do you swear or firm to tell the truth the whole truth nothing but the truth
You won't do that.
Our board secretary has a few questions for you.
Good morning.
This refusal is, the application is for use as two -family household living in an existing attached structure.
There's one use refusal, whereas the two -family household living is prohibited in the RSA -5 zoning district.
Did you submit your documents and exhibits five days in advance of this hearing?
Yes, ma 'am.
And do you waive the reading of the refusal and stipulate to its accuracy?
Yes, ma 'am.
Thank you.
You may share your screen and proceed.
We should do a presentation.
Mr. Agerman, just so you know, we're not going to vote on this today because we know that you have an upcoming RCO meeting.
So what we'll do is we'll let you present your case.
We'll see if there's any comments.
And then what we're going to do is hold the vote until after the RCO.
Absolutely.
Thank you so much.
Why don't you start your proposal?
show my screen yes okay go to slideshow can you guys see this it's coming up right now yep we
see it okay so my name is uh shay argaman i've been the owner of the property uh for the past
four years i have resided in this property and in the one and one two area for about five years
altogether i'm here today requesting a variance i'm representing myself to go from an rsa5 to
a two -family r2 uh classic duplex conversion i will show you in a second uh i have some
just dry facts of the property it's a three -story about 2200 square feet um
it's been uh you know used as a single family for as long as i i know basically
um this is just an overview of the block i hope you guys can see it
This is just an overview of the block.
I hope you guys can see everything.
So technically, the reason why I'm requesting a variance is because the property is too big to rent affordably or practically as a single family.
It's been vacant for a long time.
It's really hard to do anything with.
It's been broken into many, many times.
I've had squatters, a full family of squatters taking over the house in the past and destroying it, basically.
And there's not much that I can do with it.
the moment um the block uh the 30 it's uh i'm sorry the west esquina block between 30th to 31st
this is the distribution of the properties on the block there are 42 parcels all together 12 vacant
lots two of them are in shell condition and about seven are multi -families i think it's two duplexes
four triplexes and one quadplex
or maybe even a fiveplex.
So there's ample parking essentially
and I don't think another one will cause any nuance
to the neighborhood.
So the division that I'm proposing
is essentially the classic duplex layout
where the first floor will be a single family.
The first floor will be unit one
and the second and third floors will be second unit
essentially not a lot of work to create the division and I will show that on
the plans in a second so some pictures of the current state of the property as
it is right now got the kitchen this is the second floor to the left third
floor right here on the right that's one of the showers and then second floor as
well I have more pictures if you I think I have more pictures at least it's my
proof of mailing sent out the list of the addresses here I have a bigger list
for everything each one of these have its own document in case you'd like to
see it I can pull it up my notice template 2 we had some issues getting
the date so I could not present to the community last month and this month it's
in two days, in Thursday, so this is when we'll be presenting, and I've sent a notice.
I've been in touch with Pastor Williams, he's the RCO, so we had good communication, and
I guess he notified you guys.
I forgot to tell him that I'm on, so I should have, so it's my fault.
I did.
I have the full document in case you guys want to see it, just let me know, please, and I'll pull it up.
Tax clearance, my name.
and right here i have the plans so essentially everything that is black and white is existing
and everything that is in red is the proposed addition so as you can tell right off the bat
is a minimal addition minimal change to the house essentially we'll have to create a partition right
here all the separation walls will be one hour fire rated including the doors as per code should
be another door in here basically going upstairs the classic duplex uh division unit two is second
floor we'll have three bedrooms uh two bath two full bath and right here this will be essentially
the living the living room and the kitchen um yeah else yeah trash days on thursday to be
notified to the tenants as per the request of the RCO. And that's pretty much it. Short
presentation. If you have any questions, please let me know and I can answer.
Questions from the board. Yes. Is there a basement?
Yes. I'm so sorry. I forgot to mention the basement. No work whatsoever in the basement.
It's existing. It's not finished. I think it's just a mall trap in general. I don't think it's
right to finish a basement ever uh it's basically just standard regular basement and has no no work
proposed to it i did write it here somewhere as well i'm sorry i forgot to go over it's my first
time it's fine so um my question is for this new unit that you're going to create on the second
floor how are they going to have access to utilities uh they'll have their own utilities
everything so so you're adding a utility closet that's not shown in red on the second or third
floor that's a great point i'm sorry yeah i uh drew part of it but right here there is an addition
uh closet in the bathroom and that will be uh good enough for it and the second floor has about
seven closets i believe so there is plenty of options i just didn't get to it but if you look
right here there is one big closet that can almost a bedroom size one here one here and there's
another one right here um and then they have closets in every bedroom so this can uh definitely
I will have to work that out, but absolutely separated meters and
separated utilities, potentially mini -split for
potentially mini split for upstairs. I just didn't get to it just yet, but I'm sorry I didn't
upstairs. I just didn't get to it just yet, but I'm sorry.
point it out. Okay. I have two other questions. So for the third floor in that bathroom,
is that a full -size tub? That bathroom? Do you have a photo of that bathroom? Is that because
it's existing? It is existing. Yeah. I might be, yeah, you can see it right here in the corner.
Yeah. I just want to know because the plan, the tub is not to scale. And then my third question
is for the first floor unit are you expanding the powder room so that that unit has a full
bathroom yes absolutely so i'll have to be either expanded a little bit or maybe shifted a little
bit um and a little bit gotta get a whole shower in there i sure will i promise you uh i will do
all the uh the planning correctly i'm a mechanical engineer and uh i'm not going to do any sloppy
layout i promise i just uh i did not draw these plans myself they were submitted to lni in the
past for a building permit i just went on top of them i did not have access to the cad file
um so i added the ruffins onto it but you're absolutely right it is my fault okay and then
for the first floor this is going to be a studio apartment not a one bedroom yes studio apartment
right here no no division okay i have no further questions any other questions from the board
questions for our attorney hillary embers
not at this time mr chair questions or comments from the virtual audience
here we have pastor tyrone williams he has been unmuted and allowed to speak
sure good morning chair and board good morning pastor how are you today i'm blessed thank you
for asking could you please state your name and spell for the stenographer yes tyrone t -y -r -o -n -e
Williams. W -I -L -L -I -A -M -S.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do. Please proceed with your testimony. I just wanted to
confirm that Mr. Shea
is scheduled to present the clock on
Zoom this first evening. As he stated,
we have had some scheduling conflicts with our schedules, but we
finally got our act together, so
we will be presenting on Thursday.
He will. Okay. And
I also listened
to the testimony, so
I would just reiterate
to those in the meeting
what was testified today,
so they'd be full transparency.
Okay. Thank you for taking
the time to calls. We appreciate it.
Is there anyone else in the virtual audience?
I've seen
all the hands at this time, Chair.
Planning Commission. Thank you,
Chairman, and good morning. David Fecto with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change to the RSA 5 residential
single -family zoning at this location. The city rezoned this neighborhood in 2014
in accord with recommendations in the comprehensive plan. The city issued a rental license for one
dwelling unit for this property in 2024. This is a primarily single -family block face. There is no
unique physical condition or circumstance of this property that would prevent it from being used in
strict conformity with the zoning code. The City Planning Commission recommends the board deny the
proposed use variance for two dwelling units. All right, thank you very much. As we stated,
we're going to hold the vote on this. Hillary, we would close this except for a letter from the RCO
no end possible response from the appellate correct but everything else is closed yes and
um we'll figure out a date later in is that correct yeah two weeks two weeks yeah we'll do
yes we'll we'll um yeah we'll schedule for two weeks which is december 3rd i believe
yes december 3rd december 3rd we'll be back okay 9 30 and i just want to note um
there if you could the powerpoint presentation if you could please um upload that so that we
have that as part of the record and there's a lot of things in it that you previously submitted but
we just want to have on the record um what you presented to the board that would be greatly
appreciated got it and that's uploaded through the portal the same place yes absolutely i'll do
that today thank you very much thank you thank you sir is there anyone in the first one is whose
case has not been cool i see no hands chair okay thank you everyone and see everyone tomorrow
morning right early thank you chair thank you board