Good morning, Ms. Actinson. First of all, did you hear my testimony so far?
Do you agree with what I said, and do you adopt it as your own?
Okay. Could you briefly tell the board a little bit about yourself and about your mission at the property?
Yes, a little bit about myself is I've worked in the community for many years now. I have my college degree in human services. I'm currently a LEED certified community health worker.
And my purpose and mission for the home is to pretty much ensure and combat homelessness and provide quality living for older individuals.
okay we'll rest questions from the board no mr chairman no mr council how many how many people
would be living there ms atkinson four four okay um questions or comments from the virtual audience
i see no further hands mr chair planning commission thank you chair bergman
Planning Commission. Thank you, Chair Bergman. Ian Eggerty for the Philadelphia City Planning
ian hegerty for the philadelphia city planning commission
Commission. Members of the board, this is a special exception use. This proposed special
exception, we don't believe, will cause detrimental impacts to the neighborhood beyond
what would normally be expected for the use. So therefore, the City Planning Commission
recommends that the board grant the special exception. Thank you. MI 2021-005-317-2522
south 68th street i vote yes with provisos no sleeping accommodations to the basement
five-year temporary special exception to expire june 1 2027.
thomas halliman my vote is yes with provisos james snell yes with provisos
yes we're providing them thank you counselor thank you board
MI 2022-00050-3601 North 11th Street letters of support from the second and third floor
For attendance, letter of support from coordinating RCO, Nicetown, Tioga.
Mr. David, Garcia has his hand raised.
I will allow him to speak.
We're promoting to panelists.
Is that as okay, sir?
Understood.
Understood.
Hi, could you state your name, please, and spell it for the court reporter?
Hello?
Jason, did we see a hand?
It's unmuted, but I don't think he's going to...
Hi. Could you state your name and spell it for the court reporter?
Yes, sir. It's David Garcia, G-A-R-C-I-A, ID number 54351.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Could you identify your client and the relationship to the property?
Yes, sir. My client is a tenant, Firmini Vargas.
he owns uh will probably be located at 3601 north 11th street he operates a grocery store at the
bottom floor it is a three-story building the two upper levels are rental units that are presently
occupied and what he's seeking to do is to get a variance for purposes of selling hot and cold
take out food thank you uh mr holliman has a few questions good morning councillor do you agree to
waive the reading of the refusal and stipulate to his accuracy yes i do did you email all of the
exhibits and documents that required such as proof of ownership tax clearance copy of the refusal
referral pictures or drawings of the property five days in advance of this hearing did you meet with
THE RCO AND DO YOU HAVE A LETTER? MR. HALLIMAN, I HAVE JUST BEEN RETAINED
AS COUNCIL. I REVIEWED ALL OF THE SUBMISSIONS THAT WERE MADE AND IN MY BELIEF I WOULD SAY
YES TO ALL OF THOSE WITH THE EXCEPTION OF MEETING WITH THE RCO. I DID NOT MEET WITH THE RCO,
BUT I KNOW MR. VARGAS DID ALONG WITH THE APPLICANT IS ACCOUNTING OFFICE.
I THINK YOU PLEASE PROCEED AND SHARE YOUR SCREEN THERE WE GO I THINK I HAVE THIS DOWN RIGHT NOW
MR BURKE MEMBERS OF THE BOARD
As I said before, this is basically a request for variances to allow for the sale of hot and cold food for takeout purposes.
My client has been at this location, I believe since 2017.
There is a, if I could just reduce the screen.
there is a lease in place which though it's a five-year lease it's coming up for renewal.
which, though it's a five-year lease, it's coming up for renewal.
If I could just get this in September of this year.
Mr. Garcia, we're still not seeing anything else.
I'm sorry.
You know, I got the wrong one.
I have two today.
My apologies.
Here it is.
There's an evidence of the refusal.
Excuse me, sir. You're going to need to unshare and then reshare once you have the correct one open.
Oh, it's not appearing?
I'm sorry.
It's not appearing. We see your email.
I apologize. Let me put my headphones on or earphones.
i'm sorry is my screen not it's not sharing we have the your email but we're not seeing
the documents we just see your email box well that's insane so i guess just go back
yes and then once it's on your screen just reshare
oh i see why okay
that's good now you see it good my apologies um well here's a notice of refusal
that was issued with request that again it's been operated as a grocery
uh there was the application for appeal what i wanted to show you was
if i could just bring this here was the lease oh here's the lease
attached as the lease. And of course, it expires in November. There is a 60-day
notice of a continuation of the lease, which pending this hearing, it more than likely will
be extended. Tax clearance certificates have been shown. I think from my experience, usually what
you want to see is the location of the, let me get here, I'll show you the draw. It's the location of
where the vents and the oven hood is located. This is the side of the store facing Venango.
the areas that I'm circling is where the hood will be located and the let me see this is the
section here we go this again is facing Venango street this is the front of the store this would
be the the vent with the chimney as you can see here now there's photographs that show that a
little more clearly that i will show you right now uh this is probably the best the first one
is probably the best photograph the vent and the chimney will be in this area here excuse me
counselor yes sir the vent should be inside well i'm not i'm i'm sorry the exhaust uh board member
my i mischaracterize it yes the event when the hood will be inside at this location it's on the
wall facing the mango street this is probably one of the better photographs this is a close-up
but it would be more to your right where it's going to be located if you look again
at the if you could just place them based on the drawings
you'll see that here that it's on the second door there's the exhaust
and there's it appears to be outside correct it is outside facing venanga
but it's supposed to be inside no no the exhaust exit is here on the wall if i could just
there's the intake the kitchen will be right behind this wall and here you see the the exhaust
the photos if let me show you the photographs in color of the interior
Thank you.
that's exterior with the notification of the hearing but back here is where the this is the
area where the whole kitchen build-out is going to be this wall faces venango to give you some
perspective there's a picture of that uh of that sign to give you an idea behind this counter
is where the the kitchen area is going to be located this wall faces venango
the vent and the hood will all be installed in this area
and and the and the excuse me council and the and the exhaust will go where
well i'll go it'll be affixed to the wall so we could meet if i could show again in the drawing
will it go outside or outside i'll go outside again let me just thank you but if you could see here
on the
it'll be located right here
And that's just the vent for the outside.
That's just venting all those, well, part of it, I'm sorry, not the vent, it's the intake.
And here is the proposed exhaust on the drawings.
So the kitchen area will be right here.
The cooking area will all be right here.
There's been, I believe there's letters that are also attached of approval from the RCO.
i think the proviso on the letters indicates that they want um notification to both of the tenants
as to the time that the uh that the uh that the vents and the exhaust and all the repairs
without repairs but the additions that are going to be improvements are going to be done in the
kitchen area that they be notified they also have two letters here uh one is from one for both
tenants uh Mr. Angel Rivera who's on the third floor and Anisha Rowland this is Ms. Rowland's
letter this is Mr. Rivera's letter of having no objection um to the uh to the isolation of a hot
food kitchen in the area again the RCO has approved with certain provisos this is one of them um
yeah that was pretty that was pretty much it is there any questions from the board
how about would you want your uh client to adopt your testimony please uh yes if we could get
them back if we could get them on mr vargas can you come on
mr vargas mr louisca steel has his hand raised that's that's his accountant
he's at his office
Mr. Bergman
I also believe there is an interpreter
that my client has
I believe you may want to
swear her in
so have you
talked to your client
yes I have
and your client's conveyed everything to you
absolutely yes
Okay, so then we could take your testimony as an officer of the court, and that way we won't have the interpreter here, okay?
Absolutely.
So questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no further hands, Mr. Chair.
Planning Commission.
Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.
The comprehensive plan recommends a zoning map change from RM1 to RSA 5 at this location.
However, the proposed use is consistent with the documented prior legal use
and with the physical configuration of the building.
City Planning Commission recommends that the board grant the variances.
Thank you.
MI 2022-000050-3601-North 11th Street, I vote yes.
Thomas Allen, my vote is yes.
James Snell, my vote is yes.
Vishnu Shaheed, my vote is yes.
Thank you.
Thank you, Counselor.
Thank you, Mr. Bergman.
Thank you, members of the board.
MI 2022-000055-617 South 9th Street.
Attorney is Mr. Kirk.
Attorney is Mr. Kirk.
We have.
Mr. Crick has been promoted to panelists, sir.
Mr. Crick, could you state your name and spell for the court reporter, please?
Yes, Justin Crick, J-U-S-T-I-N-K-R-I-K.
DO YOU SWEAR OR FURM TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
COULD YOU IDENTIFY YOUR CLIENT, THE RELATIONSHIP TO THIS PROPERTY?
YES. ANDREW AND MELISSA MILLER, THEY ARE THE OWNERS OF THE REAL ESTATE.
OKAY. MR. HALLMAN HAS A FEW QUESTIONS.
GOOD MORNING, COUNCILOR. DO YOU AGREE TO WAIT THE REFUSAL AND STIPLATORS ACCURITY?
did you email all of the exhibits and documents as required such as proof of ownership tax
clearance copy of the refusal or referral pictures or drawings of the property five days in advance
of this hearing did you meet with the rco and do you have a letter yes to all the photographs
of posting came slightly after but all the required documents were submitted thank you
please mercy and share your screen thank you
members of the board we are here today on the property at 617 south 9th street
the applicants are the owners of the building having purchased the property in 2012. they are
seeking to erect a rear deck in the in the yard of their property the refusal that we have received
is basically based on the situation of the property, the physical situation
and characteristics of the property. Because the property is set between two
streets, the property is designated with two front yards whereby prohibiting
the deck structure that we are seeking in the rear yard because there is no
technical rear yard with which to put it. That is the only reason for the
refusal and essentially the setbacks we will deal with when after addressing the the location of
the deck and the front rear yard discrepancy but at this time the setback is no longer at issue
for geographic purposes the property is situated between south 9th street and south shell street
which is what gives it a through and through nature and creates two front yards to the property
This is an aerial view for reference and a little bit closer up than a photo later will show.
But as you can see, there are some roof deck, rear decks along this block, some of which, including this one, go all the way back to the rear property line at the highest level of the building, as later photos will show.
But roof decks and rear decks along this block have previously been approved and are common.
This is an RSA zoning district with some commercial on the side.
And as you'll see, our subject property directly in the middle is flanked by two roof deck slash rear deck structures that are not as far back as our proposed deck will go.
but there are some further on the block, as you'll see from photos that do extend.
Here's a picture of the front of the property on South 9th Street. Nothing extraordinary to