what we do two weeks beforehand so our meeting was the 21st we mail it out the 7th
and proof of mailing. Our deeds of property showing that Wise Holding Group LLC is the
owner of the property. Our application for appeal for this property, as you can see,
we filed it on October 11, 2021, which is over six months ago.
And our certificate of tax clearance showing that they are in good standing with respect
to that property. With that being said, I would ask that Mr. Wise virtually raise his hand.
He can be sworn in, adopt my testimony, and then we can take any questions for the board.
Mr. Wise has been allowed to speak. Mr. Wise, could you state your name and spell it for the
court reporter? Yes, Brian Wise, B-R-I-A-N, last name W-I-S-E. Right. Do you swear or affirm to
tell the truth, the whole truth, and nothing but the truth? Yes. Proceed. Yeah, Mr. Wise,
you heard everything I stated today. Yes. And is it true and correct? Correct. Do you adopt it as
your own testimony? Yes. Okay. And specifically regarding the viability of a commercial unit
mid-block on this two-story block, in your professional opinion, as a licensed realtor,
what's the viability of having that commercial unit there? I mean, in my opinion, it just
wouldn't make sense to do commercial right there, even though the zoning code states that that can
be done by right it wouldn't make any sense there okay what would there be a commercial unit be
viable mid-block there no what questions from the board no no mr chairman no mr chairman
all right questions or comments from the virtual audience
sir i have miss tina marie russell with her hand raised i have allowed her to speak
Hi. Ms. Russell, you've already been sworn. Just state your name and then you can testify.
Sure. Tina Marie Russell, North Central Florida of the CDC. First of all, we want to say thank
you very much for hearing this case in light of the confusion with the continuance. So this is a
zoned, this area is zoned incorrectly. As you can see, as Ms. Nakasim indicated, it's a CMX,
in a residential two-story, completely home-owned, majorly home-owned block. So it's so out of
proportion. We as RCOs, after the meeting we had on April 21st, was so confused by it that we
actually went to planning commission and we talked, we had to do some research because
none of us had ever been um apprised of a situation similar to this so that's part of the
delay and um one of the things that struck us was that we did not have anyone from the community
there so i had out you know some of us had allocated that we would go out the next weekend
and we would go and knock on doors well it rained as everyone can remember cats and dogs
the wind was carrying on so we didn't do it when i got out there started knocking on the doors
I realized that when I let the community know what the situation was, it wasn't as if they
were unopposed to the two story with the two apartments, but they are unopposed to,
but they were opposed to, they just wanted to meet the owner. They just wanted to have that
time to say, hey, I didn't understand what was going on. Because most of these people are older
people. They're not younger. They don't understand. They didn't get it. No one's just their first
time actually seeing us this type of a variance coming to their neighborhood um and all they
wanted was a meeting so you know it wasn't as if they said no they just said we wanted a meeting
they wanted to meet the owner to make sure that when they put in these departments that they
actually have an understanding of who this person is so i'm hoping going forward that the owner will
that brian will meet with these individuals in the community so they get to meet them because
that's what they wanted. So that's why they asked for the meeting. Okay. So with my door knocking
that I found out the Sunday just passed on Mother's Day, so when I went door knocking,
they have no problem with the two apartments. So therefore, us as RCOs also have no problem
with the two apartment residents. We just want to make sure that going forward,
We protect this community who's rezoned to this, or they're incorrectly, the variances, I can't think of the word right now, but they're not correct.
The variance is, well, I can't think of the word right now, but they're not correct.
CMX 2 is not what this area is.
CMX2 is not what this area is.
It should be an RSA 5.
So we're going to try to work to make sure that it gets done by following the instructions
from the Planning Commission.
So overall, we don't have a problem with this variance, and we just wanted to make sure
that the community had the opportunity to meet the owner.
Thank you, Ms. Ruff.
Thank you, Ms. Ruff.
Provisos are similar to swamp poodles.
We just want to make sure that it also says
that there's no bathroom in the basement.
It's clearly just the laundry.
And there's everything else in the balconies,
the exteriors to stay as in common with the community.
I think that was all the provisos we have.
And I think one of the other RCOs,
Tayo, would like to speak as well.
Thank you very much for calling in.
is there any other comments from the virtual audience
i have a mr donald stevenson with his hand raised i will allow him to speak at this time
hello hi mr stevenson i think i swore you in already right yes you did okay could you state
your name and then just start testifying yes donald stevenson uh from tayoga united
it rasheed all right we're one of the affected rcos as well and uh everything that uh north
central uh miss uh russell pretty much said we agree with um and the proviso with no basement
living and no bathroom in the basement um and uh we pretty much want to agree with that i just
wanted to also state like this is very complex because like you said this is it's all this
CMX2, but if you look at the structures and the housing around it, it's really RSA5. So there is
a mistake. And that's why we also wanted a continuance in the beginning, because the
community is really not aware of what's going on and how everything is zoned. And like Mr.
Knocklemson said earlier, like, you know, realistically, they can put commercial at the
bottom and units above, and the community is not aware of that. And that's why we wanted the
continuation so the community could be aware that their neighbor can technically do that by right
as well but we also wanted to get city council involved as well as the planning commission
because something has to be done and that's all i have thank you all right thank you thank you
very much for calling in is there anyone else in the virtual audience um yes sir mr charles
richardson with his hand raised i have allowed him to speak at this time mr richardson i believe
you've already been sworn just state your name and testify please yes sir charles richardson
from the Office of Councilwoman Cindy Bass Room 312 City Hall.
Councilwoman has no opposition to granting this variance.
Thank you very much for calling in.
Is there anyone else in the virtual audience who wants to testify?
I see no further hands, Mr. Chair.
Planning Commission.
Good afternoon, David Fecto, City Planning Commission.
Mr. Chairman, members of the board,
the comprehensive plan recommends a change in the zoning
to residential single family at this location.
the requirement for a ground floor commercial unit presents a clear hardship and conflicts
with the recommendation in the comprehensive plan the city planning commission recommends
that the board grant the use variance uh mr jordan just one point just to stress um i know
there's a delineation we just want to make clear that we have no objections to no bedrooms in the
basement um we would like to you know the ability to to put a washer and dryer and have you know
potentially some living down there, but no bedrooms. Thank you. MI 2021-004-397-2028
Westmoreland Street. I vote yes with the following provisos. Trash and recycling stored inside.
No basement living, no rooftop access or structures, no rooftop access limited to
maintenance only. Harold Tenere, my vote is yes with proviso. Thomas Holliman, my vote is yes with proviso.
James Snell, yes with proviso. Ishmael Shaheed, yes with proviso.
Mackamson, could you stay on please, Stu? Sure.
MI 2021 009. Thank you, Mr. Chair. This is Hillary. Sorry, Tanya.
Yeah. We just had a request to call number four next due to a time constraint.
Can we call number four and then we'll come back? Is that okay, Mr.
Nockamson? Of course. No, I'm always funny to comment. Okay. All right.
Thank you. We had a, we had a time constraint for our number four.
Okay. All right.
MI 2022-000-480-2623 Westerod Avenue.
Melanie Lacey is the attorney.
Letter of support from Brewery Town
Chargewood Community Civic Association.
Ms. Lacey has been promoted to panelists, sir.
Ms. Lacey has been
promoted to panelist, sir.
Ms. Lacey, could you state your name and
Ms. Lacey, could you state your name and spell it for the court reporter?
Good afternoon, members of the board.
Melanie Lacey.
I'm with Claire Harrison Harvey in Brandsburg, 1835 Market Street, Philadelphia, PA, 19103.
Could you spell your name for the court reporter, please?
M-E-L-A-N-I-E, last name L-A-C-E-Y.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you state who your client is in the relationship to the property?
Yes, I am accompanied by Peter Hoban, who is a representative for the tenant, Sir Cleta LLC.
Okay, thank you.
Our vice chair, Carol Tenere, has a few questions.
Hi, good afternoon.
Do you agree to wave the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership tax compliance, copy of the refusal or referral,
photos under plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes all of the above okay great you may proceed and share screen are
you seeing my screen yes great okay as mentioned um my name is melanie lacy i'm car harrison and
i'm here on behalf of circletta llc um with reference to their application um for special
exception for a takeout restaurant, and it's for an ice cream shop specifically located at 2623
West Girard Avenue. The applicant, as I said, is seeking the special exception, and they received
a referral letter on January 14th, which I'm showing here, of 2022, because the takeout
restaurant use requires ZBA relief in the CMX 2.5 zoning district. And I'll clarify that
the applicant previously received a buy-write permit for a prepared food shop on December 6th
of 2021, which I've included here. But the motivation for this new application for takeout
restaurant is to properly seek approval for a walk-up service window that will allow for
continued operations during any future restrictions associated with COVID outbreaks and to protect
staff and customers from exposure. So the service window would allow the ice cream parlor to serve
patrons outside. And this flexibility is particularly important as many small businesses
have struggled to survive under these circumstances. So the existing permit for the prepared food shop
it contemplates limited indoor seating. And this application would really be perfunctory.
The ice cream parlor hasn't changed. The use hasn't changed. We're simply adding that one
component, which is a takeout window, as I described. And the applicant is really seeking
to do things the right way in converting from a prepared food shop to the takeout restaurant use
to accomplish this end. So I did show briefly that we met with the RCO. The application was
supported with overwhelming, it received overwhelming support.
You see there's 44 people in attendance
and most voted in favor and we have the letter as well.
Here's a zoning map, it's zoned CMX 2.5.
This portion of Girard Avenue is predominantly
commercially zoned.
Here is an aerial and street view.
and i'll just briefly go through some of the photos um i've circled the specific units of
ground level which i'm hovering over here if you can see next to the pharmacy
i think okay and the surrounding area once again close-up view posted notices
and this is a rendering um showing the takeout service window that they would like to install
and on in here's a floor plan and i'll just go through it very briefly ice cream parlor will
take up the entire first floor as mentioned approximately 970 square feet trash will be
stored internally at the rear of the building near the alley in the back um applicant will
commercial trash collection. There's a small office behind the kitchen area. Kitchen would
be used only for ice cream production, no cooking on the premises. And there's a flex space that
would be used in the future for kids birthday parties when that becomes appropriate to offer.
So at the front of the building you can see closest to the sidewalk is where the takeout window would
be located as well as the sales area inside.
But the intent is for customers to order
but the intent is for customers to order and pick up their purchases from the outside
and pick up their purchases from the outside at the window.
at the window um the applicant is you know hoping to open um the summer if possible if all goes well
with this application so that summarizes my testimony um now i'll have my client peter
hoban adopt the testimony so uh peter if you'd raise your hand um busy we'll promote you to the
panel he's been allowed to speak hi mr hoban could you state your name and spell for the
court reporter. My name is Peter Hoban, P-E-T-E-R-H-O-B-A-N. Do you swear or affirm to tell
the truth, the whole truth, nothing but the truth? I do. Proceed. Thank you. Peter, did you hear my
testimony that I provided to the board this afternoon? Yes, I did. Do you affirm that my
A permit of the property showing that it has a significant multifamily history.
Here it showed that it was actually three residential units and a vacant commercial store.
Maps of the area, photographs of the property in the surrounding area.
Also, the photograph will show that this property has been a vacant lot for some time, and partly probably because of the zoning classification.
maps of the, excuse me, architectural plans and drawings, our RCO meeting notice, our application
for appeal to ZBA, our deed to the property showing that Kumas Homes LLC and IRA Development
LLC are the owners of the property, our certificate of tax clearance showing that the property owners
are in good standing with respect to this property. And with me is Mr. Eze, the owner's
representative who will adopt, testify and adopt my testimony. And of course, we'll take questions
from the board after that. Notice the refusal. So this is an RSA 5 property, but you'll see from
the history of what we pulled from the zoning file, this is RSA 5 in name only. It has significant
multifamily use history. And we're looking to put three units in this 1,200 square foot structure
lot. And the only refusal we have is for the use. There's no dimensional variances. It's a corner
property. You'll see that we're trying to responsibly use it in terms of our trash storage