civus
Hearing video

ZBA Hearing - December 4, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 4, 20246h 44m

Thank you.

Similar wording

chair we have 51 attendees and we can start as you wish

Similar wording

thank you

Similar wording

good morning everyone my name is bill bergman and i will be chairing this morning's meetings

Similar wording

with me is our vice chair ismail shaheed present mr chairman our board member cheryl l gaston

Similar wording

Present Mr. Chairman

Similar wording

Our board member Tanetta Graham

Similar wording

Present Mr. Chairman

Similar wording

Our board member Michael Johns

Similar wording

Present Mr. Chairman

Similar wording

And our board member Taya Nguyen

Similar wording

Present Mr. Chairman

Similar wording

Also present is our attorney Hillary Emerson

Similar wording

And our executive director Ian Haggerty

Similar wording

Here's a virtual format

Similar wording

Proceedings are being recorded

Similar wording

With your participation you agree to be recorded

Similar wording

The video will be available by contacting zbaexecutivedirector at phila.gov.

Similar wording

For a court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you are participating by phone, press star 9 to raise your hand and star 6 to unmute.

Similar wording

To earn an appearance statement, call 267-270-5548.

Similar wording

Leave your email address and the address of the property in question.

Similar wording

And finally, the question answer box on the screen is not for testimony. All comments or questions should be directed to ZBA Executive Director at phil.gov. Let's look at our schedule for today.

Similar wording

Number three, MI 2024-001-644-2135 West Van Angle Street.

Similar wording

That case is being continued.

Similar wording

Number seven, MI 2024-004-473-1000-52 Frankfurt Avenue.

Similar wording

Cases continued, attorney moving party.

Similar wording

Number 11, MI2024-004-578-1722 Ridge Avenue.

Similar wording

There is a request for continuance from United Francophil Civic Association.

Similar wording

It's Mr. Anastasio in the audience.

Similar wording

Good morning, Chair.

Similar wording

this is Yvette Benton. I'll be your co-host for the day. Mr. Anastasio has been unmuted and

Similar wording

allowed to speak. Thank you, Ms. Benton. Good morning, Mr. Chair. Could you please state your

Similar wording

name as spelled for the court stenographer? Yes, sir. It's Bern Anastasio, A-N-A-S-T-A-S-I-O,

Similar wording

on behalf of Danielle Lawless. You swear or affirm to tell the truth, the whole truth,

Similar wording

and nothing but the truth? I do. This is the first listing. We have a continuance request from

Similar wording

francisville civic associate and also council member young's office could you give us your

Similar wording

position on this i have no objection mr chair thank you very much for for calling in we appreciate it

Similar wording

so number 11 mi 2024 004 578 1722 ridge avenue that case is continued and number 16

Similar wording

MI 2024-004-714-2109-11 West Nidro Avenue, that case is continued.

Similar wording

Are there any other requests for continuance?

Similar wording

Chair, we have someone by the name of Cherie Miner with their hand up.

Similar wording

They have been unmuted and allowed to speak.

Similar wording

hi my name is sheree my i'm the owner of from the heart youth haven at 2135

Similar wording

hango street what hold on one minute please spell your name for the court stenographer

Similar wording

sheree s-h-a-r-e-e last name minor m-i-n-o-r you swear or affirm to tell the truth the whole

Similar wording

truth nothing but the truth yes and what case do you want to talk about uh 2135 west venango

Similar wording

That's MI 2024-001-644.

Similar wording

So we continued that case already.

Similar wording

so so we we continued that case already are you aware of that i am not okay um we we have a

Similar wording

request from your attorney to continue this case okay okay because you so you you got to meet with

Similar wording

the rco one more time i believe or meet with the rco okay thank you thank you for calling in is

Similar wording

or any other requests for continuance? Chair, we have Strawberry Mansion. They have been

Similar wording

unmuted and allowed to speak. Good morning. Can you hear me? Could you please state your name

Similar wording

and spell for the court stenographer? My name is Bonita Cummings, B as in boy, O-N-I-T-A,

Similar wording

C-U-M-M-I-N-G-S, Strawberry Mansion Community Concern. Do you swear or affirm to tell the

Similar wording

truth the whole truth and nothing but the truth i do it's coming what case are we talking about

Similar wording

2300 north 25th street um there was initially uh one rseo then another it got scheduled and then

Similar wording

it was some technical difficulties and we weren't able to get it rescheduled but due to the nature

Similar wording

of the use, it does need to have a public community meeting. So we can work to get it

Similar wording

for December the 19th if that meets with the applicant. So we did send a request this morning.

Similar wording

Let me see if I can get it. Mr. Vaccaro, are you in the audience?

Similar wording

Mr. Vaccaro is with Omita and allowed to speak.

Similar wording

Good morning, Mr. Vaccaro. Could you please state your name and spell for the court sonographer?

Similar wording

Good morning. My name is Joseph Vaccaro, V-A-C-C-A-R-O, Attorney for the Applicant.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do, and I do object to this request for the continuance.

Similar wording

Could you please tell me why, Mr. Vaccaro?

Similar wording

Absolutely. The coordinating RCO always was and still is all in the family group associates.

Similar wording

My client had received that notification by email on May 10th of 2024.

Similar wording

We were scheduled to have a community meeting with All in the Family by Zoom on July 25th, 2024.

Similar wording

The notifications were sent out.

Similar wording

They were approved by All in the Family.

Similar wording

we even got a Zoom link for the July 25th RCO meeting. We were waiting and waiting and waiting

Similar wording

for over a half hour. I finally got through. I called the other RCOs. No response. Nothing

Similar wording

happened that evening. Again, we were waiting for a long time on the Zoom link. And then I finally

Similar wording

got through to a lady named Odessa, who's in charge of all in the family. And her position

Similar wording

was, oh, I forgot. I'll send you the letter of support. So we got the letter of support anyway.

Similar wording

We were initially scheduled for the zoning hearing on September 18th, and we were not able to proceed

Similar wording

at that time because we had not even received the posters from the zoning board.

Similar wording

So this is our second listing, and my client is ready, willing,

Similar wording

and able to proceed with our presentation.

Similar wording

And you already have a letter of support?

Similar wording

And we already have a letter of support.

Similar wording

It's in our packet.

Similar wording

But, Mr. Vicaro, you did not actually give a presentation to the community.

Similar wording

Is that correct?

Similar wording

We did not. We were ready, willing, and able to. And her name was Odessa from All in the Family, which is the coordinating RCO. She said, when I finally got a hold of her on the phone, she said, I'll send you a letter of support. And that was the end of everything.

Similar wording

and that happened and that happened all the way in all the way back in july so strawberry mansion

Similar wording

which is the only other rco that's intervening in this matter um they had all of august they

Similar wording

had september they had october and they had november only now at nine o'clock in the morning

Similar wording

on the day of the hearing are they chiming in saying so so so mr vicario here here's what

Similar wording

we're going to do we're going to continue this one more time i i think i heard the rco say that

Similar wording

they have december 19th open um whatever happens to the meeting will take everything in consideration

Similar wording

whether you go or not but they they're offering a 19th of december meeting i'm going to continue

Similar wording

with today sir i'm just looking whether the 19th is available for me and again yeah i i'm still

Similar wording

I'm just looking whether the 19th is available for me. And again, I'm still noting my objection.

Similar wording

All right.

Similar wording

Bye.

Similar wording

Mr. Vaccaro, I understand your objection. If the 19th is not available, then I want you to work that out with the RCO. Thank you very much.

Similar wording

Thank you.

Similar wording

Okay. Any other requests for continuances?

Similar wording

Here, we have a Stephen Gaze with his head up. They have been unmuted and allowed to speak.

Similar wording

sir could you please state your name and spell for the court stenographer

Similar wording

mr gaines please unmute yourself hello hi could you please state your name and spell for the

Similar wording

court stenographer yes steven with the v gaines g-a-i-n-e-s you swear or firm to tell the truth

Similar wording

the whole truth and nothing but the truth sir i do could you please um what case are you interested

Similar wording

it in? 5963 Kimball Avenue. I believe it's number 10.

Similar wording

Okay. This is the first listing. We do not have any exhibits.

Similar wording

No. All right. And who is the, the applicant is Gaines Construction, LLC?

Similar wording

Well, it's me. But you're going to need an attorney.

Similar wording

okay well okay what once again um mr gaines who who owns the property what what's the is it owned

Similar wording

by an entity or is owned by yourself personally it's owned by me stephen gaines okay now then

Similar wording

you'll you will be fine um you can you can present on your your behalf okay um yeah that that is

Similar wording

fine. Thank you. Okay. Thank you. Oh, I'm sorry. Okay, good. Is there anyone else who has a request

Similar wording

for continuance? I see the heads, Chair. All right. So, number 12, MI 2024-004-579-150

Similar wording

Brown Street. Lewis and Vanessa Porto are the listed owner applicants. We have a letter of

Similar wording

support from Northern Liberties

Similar wording

Neighbors Association, we do not have any

Similar wording

exhibits. This is the first listing.

Similar wording

Louis or Vanessa Porto, if you're

Similar wording

in the virtual audience, please raise your hand.

Similar wording

Luis

Similar wording

Porto has been unmuted and allowed to speak

Similar wording

to you.

Similar wording

Good morning. Could you please

Similar wording

state your name and spell

Similar wording

for the court stenographer?

Similar wording

Yes, my name is Luis Porto.

Similar wording

spell it please for the stenographer

Similar wording

l u i s p o r t o you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

i swear mr porto i've seen that you i've noticed you've met with the rco we don't have any of your

Similar wording

exhibits i actually uploaded everything last night my apologies here i didn't know so so here here's

Similar wording

what we're going to do. We're going to

Similar wording

continue this case

Similar wording

because we need

Similar wording

time to review your documents,

Similar wording

okay? We can't take them the night

Similar wording

before, okay?

Similar wording

I understand. All right. Thank you

Similar wording

very much, and you'll hear from us with a new date,

Similar wording

okay? Okay. How do I

Similar wording

hear about it, Chair? Do I get an email?

Similar wording

You will hear. Yeah, we'll send

Similar wording

you an email, right? Thank you very much.

Similar wording

Thank you. Okay.

Similar wording

We're going to go to our

Similar wording

adverts.

Similar wording

Number one, MI 2024-002-077-3940-Baltimore Avenue.

Similar wording

I vote yes.

Similar wording

With proviso, maximum, hold on one minute, I'm sorry.

Similar wording

I just want to note for the record that this is a re-vote.

Similar wording

I vote yes with proviso.

Similar wording

Revised plans, seven pages, stamped by ZBA on December 4th, 2024.

Similar wording

John, my vote is yes with proviso.

Similar wording

To another Graham, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes, we're proviso.

Similar wording

That's everyone.

Similar wording

Okay, number two, MI 2024, 002-809, 1329 South 22nd Street.

Similar wording

My vote, yes, we're proviso.

Similar wording

I vote yes with proviso. Maximum two dwelling units per amended refusal dated 10-23-24.

Similar wording

Maximum two dwelling units per amended.

Similar wording

Johns, my vote is yes with proviso.

Similar wording

Senator Graham, my vote is yes with proviso.

Similar wording

Iowen, my vote is yes with proviso.

Similar wording

Ishmael Shahid, my vote is yes with proviso.

Similar wording

Just waiting for the record, Mr. Chair, that was a re-vote to correct provisos. Thank you.

Similar wording

Number three, MI 2024-002-410-2913-15 Kensington Avenue. This case is continued until 12-11-24. We will vote at 9.30 a.m. Thank you.

Similar wording

And number four, MI 2021-004-633-3900 Main Street.

Similar wording

This case is continued.

Similar wording

We will vote on 12-11-24 at 9.30 a.m.

Similar wording

We're going to start hearing our cases.

Similar wording

We're going to go to number 13 first.

Similar wording

Sorry, Mr. Chair.

Similar wording

Can we go to number 8 first and then go to 13 for time scheduling reasons?

Similar wording

Thank you.

Similar wording

So MI 2024-004-487-2814 Bridge Street.

Similar wording

Henry Clinton is the attorney.

Similar wording

Mr. Clinton is coming back in now as a panelist chair.

Similar wording

There's a letter of unanimous support from the Bridesburg Community Civic Association.

Similar wording

morning mr chairman morning mr clinton please state your name and spell for the court sonographer

Similar wording

sure henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n do you swear or firm to tell the truth

Similar wording

the whole truth and nothing but the truth i do uh i understand we don't have a tax compliance yet

Similar wording

Right.

Similar wording

What we have is my client entered into an agreement with the city to pay them back over time, and he's made his first payment.

Similar wording

Hilary, do we have that?

Similar wording

I'd have to double check.

Similar wording

I don't recall seeing it when I went over the exhibits.

Similar wording

And if it just happened, then we might not have seen it yet.

Similar wording

Right.

Similar wording

It just happened yesterday, and I put it in the exhibit package, and we uploaded it.

Similar wording

Okay.

Similar wording

I will double check during your presentation.

Similar wording

It could be that it was uploaded after I reviewed it.

Similar wording

So let me take you, Mr. Emerson.

Similar wording

Mr. Clinton, our vice chair has a few questions.

Similar wording

Good morning, counsel.

Similar wording

Do you agree to wait the reading of the refusal or stipulate to its accuracy?

Similar wording

I do, Mr. Shahidi.

Similar wording

Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

Similar wording