refusal. I provided that to Frankfurt on May 13th asking for a revised letter. I then again
contacted them on June 30th where they said that they would get back to me by Friday the second
and I've heard nothing from them. So the property is zoned RM1. Here is a lot shaded. You can see
the flag look it's upside down but it's got that distinct flag shape look to it and again here's
another aerial photograph i highlighted in yellow the existing garage and given the fact that it's
accessory personal storage there's similar structures on the block there's no opposition
stated from anybody i would ask that the board grant the requested relief and permit
Mr. Mirabelli to erect a new garage at the rear of his property.
Mr. Mirabelli, I don't believe is with us today.
I was trying to get a hold of him yesterday, but I was unsuccessful.
But if he were here, I would ask the board to stipulate that he would verify and adopt
my representations as true and accurate.
Noted.
Thank you.
All right.
Any questions from the board?
Anyone else to testify in this case? Please raise your hand.
Chair, we have Sloan Folks. Please unmute yourself and wait for the chair.
Yes, Sloan folks, S-L-O-A-N-E, F-S-A-F-I-R-O-L-K-S, Office of Counsel in Norea
of Sanchez, Rule 508 City Hall.
Went in earlier today.
Yes, sir.
Again, we are just simply,
we have reviewed the records
And we were aware of the letter that was forwarded to the ZBA on July 9th of, I believe it was last week.
and we knew we were aware of the letter
that was forwarded to the ZB.
We understand the applicant's position.
We are glad that you were able to present today.
We're simply asking for two weeks' hold so that the RCO can forward a letter to be put on the record for this various request.
Thank you. I know we discussed this earlier. Sharon, what is the technical language we need?
You are going to hold this until, I'm sorry, I think the RCO meeting is August 18th, is that right? Or am I confusing that with another case?
I did not receive any correspondence from the RCO with regard to this request.
I'm going to object.
They should have provided me a copy so I could address their concerns.
And there's just been no communication.
We did what they asked.
We met with them in accordance with the code, provided written notice to all the neighbors within 250 feet.
we amended the refusal as they requested to correct it to reflect the actual use
and to give them assurance that it was not going to be used for a commercial purpose so I would
Mr. Ward I am confusing this was another case on this morning's list I apologize
this one was going to be held for one week I believe for any letter submitted by the RCO
and by the council office to be read into the record.
The record will otherwise be closed.
And again, I would submit that the RCO is waived any right to submit anything at this time.
It should have been within 48 hours prior to the hearing.
We have to submit our exhibits five days before the hearing.
You're absolutely right.
But in deference to the councilwoman's office, we'll just wait one week and vote on it.
right thank one week thank you chairman thank you mr chairman members of the board thank you very
much that concludes my business may i be excused yes you may thank you thanks have a great day
all right mi mi 2020-002817 6948 keystone street this is a second listing and we still have not
received any exhibits. Is there anyone here to testify in this case? 6948 Keystone Street.
I see no handshare. Thank you MI 2020-002817. 6948 Keystone Street. My vote is to dismiss.
My vote is to dismiss.
Dismiss.
Dismiss.
Dismiss.
Thank you.
MI 2020-0012168104 Caster Avenue.
John Sabatina, I believe this is John Sabatina Sr.
He's representing the applicant.
There's a letter of support from Longhurst Civic and also from Councilman O'Neill.
Mr. Sabatina is coming in as a panelist.
Good morning, Mr. Sabatina.
Can you put your name and address on the record, please, and spell your last name?
And you have to unmute yourself.
John, before you begin, could I interrupt for a minute? I made a mistake on that last case of Worth Street. I failed to ask the Planning Commission its opinion. So if we could go back to Mr. Haggerty on 5039 Worth Street.
thank you chair to chico ian hegarty for the philadelphia city planning commission
comprehensive plan recommends no change to the residential zoning at this location the proposed
dimensions of the accessory building are substantially similar to nearby accessory
buildings and do not conflict with the purpose and spirit of the zoning code city planning
commission recommends that the board grant the variance thank you okay sorry mr sabatino you can
proceed now and I'll swear you in. Please identify yourself. John P. Sabatina. That's S-A-B-A-T-I-N-A.
Do you affirm to tell the truth, the whole truth, nothing but the truth? Yes, I do. Please proceed.
Yes, this is an applicant. Do you agree to waive the reading of the refusal and stipulate to its
accuracy? Yes, I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,
a copy of the refusal or referral photos under plans of the property five days in advance
a copy of the refusal or referral photos under plans of the property five days in advance of
this hearing and have you met with your co and do you have a letter yes to all the above thank you
you may proceed uh yeah this is an application uh for a use uh for uh a the portuguese american
Rosary Society of Our Lady of Fatima. We have met with the community and we have all, in addition
to our meeting, after the meeting, we provided them with copies of contracts for parking on the
facility, diagonally located across the street from the building itself, which I believe provides
20 parking spaces
in addition to any
of the on-street parking.
Let me go through
my application.
Let's roll it.
Here's the application.
We'll start with the application.
The refusal
proposed use.
Project information form
The form was filled out and sent in the deed.
Hang on, I'm sorry. Interruption.
Existing exterior photographs.
This clearly shows the posting with the zoning notice and the copy of the refusal.
That is obviously a picture of the building. It's a building that's shared with another entity.
This particular half of the building is what is going to be used for the Portuguese American
Rosary Society. This is the rear. We are suggesting an addition in the rear,
which is basically going to be a kitchen facility
that they will use for any get-togethers.
Here's the architectural site plan.
Okay, this is showing the proposed edition, one story edition, which I mentioned before.
Here's a zoning map.
Although this is in the middle of a residential area,
that building, any adjacent building,
has been used for commercial purposes for many, many years.
Previously in this space, there was a beauty parlor.
Many of the buildings of
Lancaster Avenue are zoned as residential,
but have been converted to commercial uses.
Just for the fact that I guess they can be
never changed the code and just basically allowed
everything by virtue of a variance. There's a community meeting letter.
Here's the mailings and the certificate from the post office showing
that we mailed all the letters. This is a tax compliance letter.
And this is the agreement for parking spaces, which I mentioned.
We have a couple of different agreements where the people who have commercial spaces in a parking lot that's located diagonally have agreed to allow people to park there whenever they have an event.
Here again is the RCO letter of support.
Mr. Sabatino, do you have your client available?
Yeah, he's supposed to be. Let me make sure, hang on for a second.
can you hold for a second i i if he's if he's not available we'll stipulate that
he would adopt your testimony
of you being an officer of the court if he's not
available.
For some reason
they don't have you signed in.
Did you sign
You registered?
Are you on the Zoom right now?
Yes, I am.
My client claims he's in.
What's his name?
Ferraro. Mario Ferraro.
We have a Maro with their hand up. Could it be underneath that user?
Yeah, I think that's him. Mario Ferreira, his name is.
All right. Mr. Ferreira, you can unmute yourself and please wait for the chair.
Good morning, Mr. Ferreira. Please spell your full name for the record and I'll swear you in.
F-E-R-R-E-I-R-A
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you. Mr. Sabatina?
Yes, Mr. Ferreira, you have been listening to the testimony that I have given before the board?
Mr. Ferreira?
Have you been listening to the testimony that I have given before the board on the mailings?
And what I have testified before the board, will you adopt that as your own testimony would be?
Thank you.
Questions from the board?
Anyone else to testify in this case, please raise your hand.
I see no hands Chair. Thank you. Planning Commission. Thank you Chair Otiko Ian Hegarty
for the Philadelphia City Planning Commission. Comprehensive plan recommends a zoning map
changed to CMX2 at this location given the long-standing commercial use. The variance
conforms to the proposed zoning district. City Planning Commission recommends that the board
grant the variance. Thank you. MI 2020-0012168104 Caster Avenue. My vote is yes.
My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you. I made a mistake as usual.
I passed over case number 11.
I scratched it out earlier this morning.
It is MI 2021-001-169-723-27 South 13th Street.
Again, my apologies.
17th Street.
South 17th Street.
and Mr. Mulvihill was sworn in earlier this morning
Mr. Mulvihill is coming in as a panelist chair
Mr. Mulvihill do you agree to waive the reading of the refusal and stipulate to its accuracy
that was a yes
okay name and address for the record and spell your last name
certainly leo movahill that's m-u-l b as in victor i h-i-l-l address 315 green street first floor
philadelphia 19123 have you emailed the exhibit packet with proof of ownership tax compliance
refusal or referral photos and or 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 okay you may proceed all right good
morning chairman members of the board leo mobile today for the property at 723 to 27 south 17th
street i should be sharing my screen at this point so you can see all of my exhibit packing
um we have the refusal appeal and project information form of page one
area zoning maps of page six the condo declaration of page eight
there we go the client's commercial activity license at 38 tax clearance information at 39
zoning notification letter at 40 a letter of from south to south neighbors association at 44
zoning history of the properties at 45 and continues through to 124
Zoning history of the property is at 45 and continues through to 124.
I have photos of the property at 125 and revised plans at 163.
So members of the board proceeding first, let me do this.
So we're here today for what is essentially building three new single family homes within a condo association.
This subject lot was originally brought together as part of a lot consolidation back in the late 80s, early 90s.
Originally, this is a number of houses, buildings facing South 17th Street, which is where we have the 723 to 27 South 17th Street address.