I mean, that's typically what we do, wait for the letter.
I mean, if there was a meeting, there can be a vote on it without the letter.
Just if there's not a meeting without the hold for the letter.
The meeting was at the hold for the letter.
I understand.
So there came.
So there can be a vote.
Okay, thank you.
All right.
Am I 20, 21?
I'm sorry, Chair.
This is always sorry.
We do have the council person's rep, Mary Jones, available, if you would like her to speak.
Yeah, yeah.
I didn't hear anybody else.
That's why I moved on.
Okay, please.
Thank you, Chair.
Ms. Jones, please identify yourself and I'll swear you in.
Good morning.
uh mary jones um representing council president daryl clark city hall room 494
or firm to tell the truth the whole truth nothing but the truth
i do thank you um the the main thing i wanted to just uh interject is that you know our office is
in receipt of the letter it was dated i let me just see if i have the note but at any rate it
was it was sent to the rcozba mailbox and it was well in advance of the hearing um and
i just wanted to confirm that on the record that's a person does the councilman have a
position on this he does not have a position on this case thank you mi 2021-002605 129
North Mole Street. My vote is no.
Confessor Plaza, my vote is no.
James Snell, my vote is no.
Thomas Howland, my vote is no.
All right, we're going to move on to case number eight.
another case from mr anastasio mi 2021-002 606 27 north 58th street 27 north 58th street
achievability i believe is the rco but my records indicate we've not yet received the letter
mr anastasio please identify yourself you're still under oath
Thank you, Vern Anastasio, 1315 Walnut Suite, 1006 Philadelphia, 19107.
This is an application for two-family household living.
My client purchased this property in 2020, and the history of this property is, in fact, two families.
as you can see here with my cursor going back decades 1958 the property was recently renovated
prior to my client purchasing it it has of course the multiple electric meters with the two furnaces
and two water heaters you have plans of the property with the porch living kitchen bath
and two bedrooms and then we've got unfinished basement where you saw all the multiple
electric and gas and water and then you've got the living kitchen and two baths
On the second floor, we did, in fact, meet with the RCO, and Achievability did send a letter of support, and that should have been received by the board.
It was sent quite a while ago.
with that i'm going to have my client uh raise his hand
mr battle menage battle that's mr battle you are now unmuted you can wait for the chair
mr battle yes
can you can you hear me yep mr mr chairman yes should mr battle put his name on the record
Yes, please.
Spell your first and last name, sir.
M-A-N-I-J, last name Battle, B-A-T-T-L-E.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
i do thank you mr thank you mr battle did you hear my presentation to the board this morning
Thank you, Mr. Anastasia.
Thank you.
Mr. Battle, did you hear my presentation to the...
yes is it true and accurate to the best of your knowledge yes and you adopted as your own testimony
yes are you aware of the property's history dating back to the 50s as i explained being
a two-family dwelling yes and are you aware of the letter that was penned september 16th of this year
by achievability where in fact they are supporting 27 north 58th street philadelphia in its zoning
variance application were you aware of the community support yes thank you i have no
further questions thank you any questions from the board no mr chairman no no anyone else like
to testify in this case if so please raise your hand
no hands at this time chair thank you planning commission thank you mr chair ian hegarty for
the philadelphia city planning commission comprehensive plan recommends no change to the
existing rsa 5 single family use at this location however the proposed use is consistent with
documented previous uses on this property as council has shown city planning commission would
recommend that the board grant this variance. Thank you. MI 2021-002-606, 27 North 58th Street,
my vote is yes. Confessor Plaza, my vote is yes. James Snell, my vote is yes. Thomas Holliman,
my vote is yes. Thank you, Paul. Mr. Chairman, before I excuse myself,
there is a case on your list
I'm not quite sure what number it is
it's 1938 North 24th Street
after the morning list
the 930 list
1938 North 24th
yes it's a continuance
very well I just wanted to confirm
that it was in fact being continued
thank you
and again thank you for the uh thank you for the accommodation this morning and good luck i hope
things turn out well for you i'm sure they will thank you bye now uh okay we now go back to the
uh add-on list uh carol are you there
yes i am adam vice chair uh i'm not participating in the second case so you'll have to read that off
Okay. Here I am. Okay. Calendar number MI-2021-003248, 1201 West Gerrard Avenue. Appeal denied.
Professor Plaza, appeal denied. James Snell, appeal denied.
Thomas Harriman appeal granted. Okay, thank you. We'll now go to case number three on the add on
MI 2021-003-376 1718 Fairmount Avenue.
um this is carol carol was not present this was heard on october the 27th of 2021
uh i have a letter that i will be reading into the record from the uh
city uh hold on one second let me get my facts right here this is the right one
uh submitted the city has submitted written testimony of the examiner
relating to this case i will read that letter into the record
uh into the record okay affidavit of palouse isaac p-a-l-u-o-s-e last name i-s-a-a-c and i'm
pronouncing the name wrong i apologize letter regis follows i palouse isaac being duly sworn
hereby state the following to my knowledge and belief. I serve as a Building Plans Examiner
Engineer 1 for the City of Philadelphia's Department of License and Inspection. I am
fully familiar with the facts set forth below and the statement contained herein is based on my
expertise, personal knowledge, information, and or belief. I'll be viewed in my capacity as a plan
reviewer zoning permit application z as in zebra paul p as in paul 2021-004593
dash zero zero four five nine three the application underwent a thorough review
under the zoning code and relevant city regulations the issued permit was properly
issued and the city stands by this issuance per the zba's order on october 27th of 2021
the City reassessed whether Section 14-305-6-G of the Zoning Code applies to permanent application.
The City maintains that Section 14-305, Section 6, Section G does not apply to the application.
Furthermore, the city would like to make clear that Section 14-305, Section 6, Section G does not prohibit the expansion of gross floor area in an existing nonconforming structure on CMX2 Neighborhood Commercial Mixed Use 2.
section 14-3056 clearly contemplates and allows the expansion of non-conforming structures
it supports city policy to allow for the adaptive reuse of non-conforming structures
the city also determined that the one-year rule does not apply to this the application
this application because the permit may be granted as a by-right permit.
The permit was properly issued and the ZBA should deny the appeal.
Signed, Palouse-Isaic, Department of License and Inspection, City of Philadelphia.
My vote is to deny the appeal.
Confessor Plaza, appeal denied.
James Snell, appeal, deny.
Thomas Holloman, appeal, deny.
Ms. Denary?
Am I voting on this?
Oh, I'm sorry.
I missed that one.
You're right.
You're right.
Okay, move on to the next case.
number 4 MI 2021-003450, 4003 Filbert Street. This case was heard on November the 2nd.
West Palnton Saunders Park RCO sent a letter of opposition. We're voting on it today,
following uh review of revised plans held for revised plans and reform of plans
um my vote is yes with revised plan one page approved today carol tenere my vote is yes
confessor plaza yes with proviso james snell yes with proviso thomas holliman yes with proviso
Okay the following case is MI 2020-010184 1631 South 52nd Street. Mr. Mulvihill represents the
applicant. David Feynman and Josh Horvitz for Protestants. Leonard Reuter for the city.
um this is a resumption hearing carol was not present this original hearing was september the
21st of 2021 pidc and commerce oppose we were waiting for a letter and councilwoman gautier
sent a letter of non-opposition uh i believe i covered all the opening statements is there
Anything I left out, Melissa?
You're muted.
Good morning, Chairman, members of the board.
We haven't left anything out.
Who's up first, Mr. Mobile or?
One moment, Chairman, I'm trying to get my video to start.
It's being a little .
This is David Primeman.
And my understanding is that Mr. Mulvihill...
David, David, before you go any further, please spell your name and I'll swear you in.
S. David, F-I-N-E-M-A-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, David. Please proceed.
My understanding is that Mr. Mulvihill had arrested his case.
And we were at a point where we might cross-examine any of his witnesses.
cross-examine any of his witnesses. At this point, we ordered the notes of testimony
At this point, we ordered the note to test
in the prior hearing, and we have... Excuse me again, David. Someone has another device on.
We're getting some feedback. Maybe we can ask everyone to mute themselves except for Mr. Feynman.
Everyone can mute themselves except for Mr. Feynman and myself, I guess. Okay, please proceed.
So my understanding is that I was at a point where I would cross-examine any of those witnesses.
We ordered the notes of testimony from the prior hearing, and at this point, I have no questions of any of his witnesses and would like to proceed with my case if I can.
Any objections to that, Mr. Mulvievell?
No, my only statement would be that I reserve the right to call witnesses and rebuttal if necessary.
understood um so before we get started let me swear the other folks in
mr horvitz please spell your name and i'll swear you in
it's j-o-s-h uh h-o-r-v-i-t-z um and
we're going to affirm to tell the truth the whole truth nothing but the truth
i do thank you mr reuter
can i proceed mr chairman
Hold on.
I just want to get Mr. Reuter to be sworn in.
Good morning, members of the board.
Leonard F. Reuter, R-E-U-T-E-R,
senior attorney for the city of Philadelphia.
I'm here basically because PIDC and I believe also...
Leonard, just before you go,
do you swear for him to tell the truth, the whole truth,
nothing but the truth?
So I'm just here because PIDC sent in a letter in opposition
and they're a corporation that's owned by the city of philadelphia so i'm basically just just
here to establish our presence and at the hearing i don't have any questions of any of the applicants
witnesses and i don't plan on calling any witnesses myself i'm just really here to
to make sure that we're on the record thank you okay mr feinman chair excuse me this is the court
reporter. Was Mr. Mulvihill sworn in? You know what? You read my mind. I wasn't sure if I did
swear him in, but thank you. Mr. Mulvihill, spell your name and I'll swear you in. Thank you, John.
Certainly. It's Leo Mulvihill, M-U-L-D as in Victor, I-H-I-L-L. Address 315 Green Street,
first floor, Philadelphia 19123. On behalf of the applicant.
You swear or affirm to tell the truth, the whole truth, nothing but the truth.
I do. Thank you. Thank you, Mr. Kelly. Please proceed, Mr. Feynman.
David, make sure to unmute yourself.
David, you're still muted. I think I'm good now. You're good now.
Mr. Chairman and members of the board, I'm accompanied by Ronald Dissenbaum, who's the CEO
of D.C. Humphrey's Cover Sports. I'm going to summarize our case and at some point ask him
if he adopts that testimony. I think it'll take us a little bit further and quicker. I'm also
accompanied by John DiBenedetto, who's an architect, and we'll explain why we have to
call him during my presentation um our our client has a business which actually if you remember
mr chairman you looked at photos and said is there an operating business uh adjoining the the
property and uh what mr what we've put up now on the board is i believe exhibit three of exhibit
six, exhibit six of our presentation. So what you can see there is 5000 Paschal Avenue and 5102