two to three minutes okay i'd love that thank you how are you bill i'm good how are you this
morning everyone good thank you who's planning commission oh and i see enos morning hi how are
you i'm waving to you and i see no face okay
Thank you.
Madam Chair, it appears as though there's about 80 or more attendees and if you will allow
may I make an announcement before you start the session 80 or more attendees yes and then I just
want to make a quick announcement to the attendees please do not raise your hand unless prompted
by the board thank you very kindly if you have questions please ask in the Q&A thank you all
very kindly. Madam Chair, we're ready to go forward when you are. Okay. Good morning. Am I
off? Okay. Good morning. My name is Carol Tenere and today I'll be the chair of the Zoning Board
of Adjustment. I'll be participating in today's hearing along with Board Secretary Confessor
Plaza and Board Members Thomas Holloman and James Snell. Board Administrator Tanya Sunkit and
board attorney Sharon Saleta are also in hand. Jason Hand is also in attendance as the administrator.
For those of you who haven't yet participated in one of our virtual hearings, I'll go through some
of the basics of what you can expect. First, we will be administering oaths to individual
participants prior to their testimony. Second, we'd like to advise everyone that this proceeding
is being recorded and that by participating, you acknowledge your agreement to be recorded.
This is available to the public and on the web. Third, for anyone participating by phone,
if you wish to testify, you must raise your hand by hitting star nine, then star six to unmute
yourself. That's star nine, then star six to unmute yourself. To enter an appearance statement,
call 267-270-5548 and leave your email address and the address of the property at issue. The
number again is 267-270-5548. And fourth, the question and answer box is not for testimony.
Any comments are to be directed to Ms. Tanya Sunkett.
and i will now continue with
continuances starting with calendar number zero nine five six
sharon is that correct
13 north 3rd street joseph consul is the attorney
Number five, calendar number 1001, 2500 Wilmot Street.
The attorney is the moving party, and it's also continued.
Calendar number 2673, 3120 North Rosewood Street.
This case is withdrawn.
and number 10 on our list, 0-119-3442, North 18th Street.
This is also continued.
Are there any objections to these continuances?
If so, please raise your hand.
Madam Chair, Mr. Leo Wolfiel has his hand raised, so I will not have to speak at this time.
Mr. Leo Mulvihill has his hand raised. I will allow him to speak at this time.
Mr. Who?
Mr. Who?
Mr. Leo Mulvihill. He has his hand raised.
Okay. Thank you.
Thank you. Good morning, Chair. This is Leo Mulvihill, M-U-L-V-I-H-I-L-L, address 213 Green Street, 1st floor, Philadelphia, 19123.
This is not an objection.
One second. Do you swear to affirm or tell the whole truth and nothing but the truth?
are you speaking about any of these cases i just called no this was another continuous request
madam chair excuse me that will be called after i apologize thank you thank you there's a third
party continuance request calendar number 0657 4157 north 7th street is joseph vaccaro present
and is there anyone from the council person's office
Mr. Vaccaro has been allowed to speak now, Chair.
Thank you.
Mr. Vaccaro, can you put your name and address on the record and spell your last name?
Good morning.
Attorney Joseph Vaccaro, V-A-C-C-A-R-O, attorney for the applicant.
My address is 5918 Toursdale Avenue, Philadelphia, 19135.
do you swear from the tell the whole truth and nothing but the truth yes i do okay proceed please
yes this is a request for another continuance so that we could have another meeting with esperanza
the rco who had some additional uh questions uh that we could hopefully work out at the july
meeting okay is there anyone from the council person's office here yes we have slone folks
you can unmute yourself. Good morning, Madam Chair. Good morning. Name and address, and I'll
swear you in. Yes, ma'am. Sloan Fuchs, S-L-O-A-N-E-F-S-F-I-R-O-L-K-S, representing the Office of
Councilwoman Maria Kenyana Sanchez, room 508 City Hall. Do you swear or affirm to tell the whole
truth and nothing but the truth? Yes, ma'am, I do. Okay, you may proceed. Yes, ma'am. We requested
this continuance on behalf of Esperanza, specifically as per what Mr. Vaccaro requested
a secondary meeting to further discuss the issues that presented themselves at the initial
meeting and to hopefully identify or address those issues and come out with a meaningful
conclusion. Thank you. Thank you. So there is an agreement. Calendar number 0657
4154 North 7th Street this case is continued thank you very much sure thank you very much
are there any additional requests for continuances
4930 I have a Mr. David Garcia with his hand raised I will allow him to speak at this time
Okay. Mr. Garcia, can you hear me?
Okay, I just unmuted. Okay. Madam Chair, good morning. This is David Garcia on 66.
Can you spell your last name, please? And then I'll swear you in and give me your address.
Yes, Madam Chair. It's David, D-A-V-I-D, Garcia, G-A-R-C-I-A. My attorney ID number is 54351 with an address at 602 Allendale Road, Unit 60486, King of Prussia, Pennsylvania, 19406. It's listed as 506 on my board notice hearing, but it's 406.
go ahead i'm sorry excuse me this is sharon i just wanted to mention this
mr garcia's case is number 17 on your list it's the first listing you have no exhibits
okay uh do you swear if i'm to tell the whole truth and nothing about the truth
yes madam chair okay and what is your request no my request is for a continuance your honor there
There is, or for another date, there is some issue with the appropriate RCO that we were supposed to schedule a meeting with.
There appears to be several that were on the list.
One was non-responsive, but in the latest email received, apparently that's the RCO I was trying to get in touch with before.
We also had some submissions with respect to tax clearances that we have to submit.
But we do have photographs of the notices that have been put up at the location.
at the location okay well with no exhibits this would have been continued anyway
Well, with no exhibits, this would have been continued anyway.
so calendar number one zero one zero six seven four seven castor avenue this case is continued
madam chair can i just just well i'll save my question for
for another day but thank you may be excused thank you yes you may
are there any other additional requests
Mr. Mulvihill has his hand raised again.
Mr. Mulvihill, name and address.
Leo Mulvihill, M-U-L-D-I-H-I-L-L, 213 Green Street, 1st floor, Philadelphia, 19123.
Do you swear if I'm to tell the whole truth and nothing but the truth?
You may proceed.
This is with respect to the property address, 2061 East Ontario.
this is my request that's number four calendar number two six eight zero there are no exhibits
it's the first listing this is going to be continued thank you members of the board sure
is there any other requests
Mr. Ori, Fybush has his hand raised, he's been allowed to speak.
Mr. Fybush, can you hear me?
Yeah, I'm not sure how I did that, forgive me, but I did not intend to raise my hand.
Are there any other additional requests?
Madam Chair and Mr. Cole Olson has been allowed to speak, he had his hand raised.
Yes how you doing? Hi can you put your name and address on the record spell your last name
and then I will swear you in. Cole Olson, K-O-L-E, last name O-S-I-N.
and your address uh 270 slocum street okay do you swear for him to tell the whole truth and
nothing but the truth i do okay and you may proceed which case are you speaking about
i'm i'm calling about the the four-story apartment building on 67 17 chew avenue that's trying to be
billed sir are you here representing a case no okay so are you just here to testify yes you
should not raise your hand unless the case is being presented and they ask for people who wish
to testify okay apologies no worries that's okay and that's number 16 on our list number 16 okay
thank you yeah okay any additional any other additional requests
madam chair if i could make um one observation on the record if anyone there are two um requests
for reconsideration that are going to be voted by the board today they will not be
voted until the start of the two o'clock session. Okay.
No, we're ready to go for it, Mary chair. Okay.
Calendar number 21962655 Emerald Street.
Mr. Dorizio is the attorney.
uh madam chair this is a vote only i know so he does not have to be present he does not
thank you okay calendar number two one nine six twenty six fifty five my vote is yes
my vote is yes my vote is yes do you know what i vote is yes i have a correction it's
26 55 emerald street it's bad when that happens the first case you call
Okay, we're ready to proceed. Calendar number 1095-3355 Jasper Street. Is there an interpreter here for that case? That's number nine on our list.
I have Damaris with her hand raised. She's been allowed to speak.
Good morning, Madam. My name is Damaris Figueroa, Certified Interpreter. You may proceed.
Can you spell your name, please?
Gladly. D as in David A, M as in Mary A, R-I-S, last name Figueroa, F as in Frank I, G-U-E-R-O-A.
I must note, Your Honor, for the record only, I have been contracted by Globo HQ as a private
For the record only, I have been contracted by Globo HQ as a private interpreter.
Thank you.
Thank you.
Do you swear or firm to tell the whole truth and nothing but the truth?
And has your, can you ask your client this?
I'm sorry, Madam Chair, please, if we could, before we go forward, just have the applicant
come forward first.
Okay, can the applicant raise their hand?
Aplicante, ¿podría por favor levantar su mano? Si es tan amable, por favor acérquese y levante su mano.
Investor, do you want to handle this one?
I'm seeing no one with their hand up. Bedita, are you present with the client?
Say that again?
Who we have?
We're waiting to see if Biditza is present with the client.
I was going to ask you to handle this particular one.
What do we need, an interpreter?
The interpreter is here.
Okay, Madam Chair, you can continue to the next case.
No one appears to be here.
I'll try to reach out to the applicant who made the request.
And Damaris, I'm going to mute you.
if you could just stand by until we check to see if the applicant is going to go forward today
thank you very much i will lower my hand thank you thank you
thank you calendar number 2603 100 east allegheny avenue the attorney is zen jin
Mr. Jin has been promoted to panelist match.
Thank you.
Hi, Mr. Jin, can you put your name and address on the record and spell your last name?
Zin Jin, Z-H-E-N, last name J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia
PA 19103, here on behalf of the applicant.
Thank you.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the 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 to all questions.
Thank you. You may proceed.
Thank you. I'm going to share with the board the information relating to this case.
I have before you the cover letter showing what we have submitted. I do want to point out the RCO
issued an opposition based on a failure to reach a particular agreement point on the benefits
agreement. I will address that as a later part of the presentation. First thing, this application
is for the use of the property as it is existing. What my client is requesting is to subdivide
what is essentially a street-to-street two-building property that has been consolidated in the past
into one back into two so that she may sell the one half which contains an entire structure that
also contains an existing pizza shop. The other piece is an existing grocery store with residential
above, and we intend to keep that, my client intend to keep that as her property still at this time.
In order to subdivide a relocation, the lot line has to happen. One thing that triggered these
refusals is that the property, which I'm going to show via the plans, the existing property
runs from street to street. There are two halves. This is the half facing Allegheny Avenue. And then
we have the other half, which faces Wishart Street. And the entire side of the property
runs along Front Street. However, the existing property covers 100% of the lot running from
Allegheny to Wishart Street, triggering the refusals you see before you, which are basically
dimensional in nature. In addition, they are also triggered by existing non-conforming conditions.
the, let me zoom in so that we can see them clearly. So the code says that if you are
subdividing and your property is already in a non-conforming condition, you're increasing the
non-conformity and therefore it is being refused. The minimum rear yard depth is an existing condition
it is being refused. The minimum rear yard depth is an existing condition of zero
of zero.
because again the building runs from basically one street to the other.
Because it's an existing non-conforming condition and all we are really trying to do
is to simply separate what was two properties back to the same two properties,