Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Tywin, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you for your time.
Right, sure. Number nine, MI 2024, 006-667-7770 Dugan Road. Gary Perkis is the attorney. There is a letter of unanimous support from the Burholm Community Town Watch and Civic Association, a letter of non-opposition from Council Member O'Neill.
They will be rejoining us apparently shortly, Mr. Chair.
Do we see Mr. Perkis?
Good afternoon.
Hi, counsel.
Could you turn the video on, please?
It's on.
It's okay.
I believe it is on.
Yeah, you were fine.
Could you please state your name and spell it for the stenographer?
Yes, my name is Gary Perkis, G-A-R-Y-P-E-R-K-I-S-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Do you identify your client, the relationship to the property?
Yes. My client is Bethel Deliverance International Church, Inc. With respect to the property that's the subject of this appeal, my client is a sub-lessee of the property.
Thank you. Our vice chair has a few questions, sir.
Good evening, counsel. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?
Yes, I do.
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?
Yes, I have.
thank you council please proceed and share your screen uh members of the board uh good afternoon
or good evening um there's a little bit of a history to this excuse me share your screen
with the presentation
we see your exhibit list we're good yep you're good can i proceed please uh so there's a there's
a bit of a history to this property i just wanted to make sure that the board was aware of the
background uh my client bethel deliverance international church inc first leased space
First leased space in the Strip Center, which is 7770 Dungan Road is a Strip Center in Northeast Philadelphia.
in the strip center, which is 777.
It is zoned I2.
There's four different business uses in the center.
One is a children's daycare center.
One is a dollar store.
One is an adult daycare.
And then my client, the church.
All of the uses are nonconforming to I2.
My client first entered into a lease for unit number two on March 1st of 2013 and has been
in the property ever since.
My client subsequently leased unit number three in April of 2016, and my client entered
into a sublease for unit six on May 1st of 2024.
With respect to unit two, my client obtained a use variance on July 19th of 2013 to allow my client to use the space for religious assembly.
And then on September 21st, 2016, my client obtained a similar use variance for unit number three.
So the process started to obtain a use variance for unit number six.
As we can go through the exhibits, I think I can lay the rest of it out that way.
First, here's the original application that was submitted by my client's architect, John Tietz.
He's here now if we need him.
The next exhibit is the refusal.
And if you note, the refusal says a nonconforming use that is located in a conforming building
shall not increase the area occupied by the nonconforming use by more than 10%.
With respect to the percentages, the combined space of units two, three, and six that my
client occupies is 15,390 square feet. The total square footage of the center is 47,795 square
feet. And unit six is 5,862 square feet, which represents 12.26% of the entire property.
The next exhibit is the application for appeal.
And then the project information form, which was submitted as well.
And here's a copy of the sublease.
and uh there's two authorization letters one from uh dungan heights associates who's the owner of
the property and the other from grope go brands inc who is the um sublessor
here's a copy of the tax clearance certificate that we we obtained and here's a copy of the
plans that were submitted if you notice here's the square footage that I just referenced
it's just a little bit larger then so you have
15,390 for the three units that are occupied by my client
and the fourth, $47,795, which is the complete improvements to the property.
The purpose of the expansion, and I'll show you some pictures in a minute,
is to expand the sanctuary and to add more office and activity spaces in the property.
And there's a floor plan that has been submitted for the for the entire renovation.
The next group of exhibits is the copies of this zoning poster that was put in both the back and the front of the property.
It was timely placed.
Then notice that I sent out to the neighbors of the meeting with the RCO.
uh which was conducted on december 12th of 2024. here's proof of mailing and then
And here's the letter of support right after that, which was submitted by the RCO this week.
here's the letter of support right after that
And then here's, this is two pictures of the sanctuary as it exists now.
And this is in unit number two.
And then, as you'll see, the next photo is unit number three.
that's at this at this point is not used, but it will be renovated to put it to expand the
sanctuary. And then the next two pictures are from unit six, which is really the subject of
the appeal that we're here for today.
and then the witness list that's that's that's all the exhibits that we have to submit
um we're not there's not going to be any change in the use of the property it's only
we're only here really for purposes of approval of the use of uh unit six um uh with respect to
expansion into that unit. You want to bring your client on and adopt your testimony?
Yeah, that would be good. It's Pastor Baldwin in the audience, Tim Baldwin.
Tim Baldwin. They'll be coming back in as a panel shortly. Thank you, Jason.
hello hi hi pastor could you please state your name and spell for the court stenographer
yes timothy baldwin t-i-m-o-t-h-y b-a-l-d-w-i-n do you swear or affirm to tell the truth the
whole truth nothing but the truth yes uh proceed counsel uh pastor baldwin um did you hear my
presentation to the board? Yes. And was the presentation true and correct to the best of
your knowledge and information and belief? Yes. All right. Do you adopt my presentation as your
own? Yes. And is there anything that you would like to add to say to the board in support of
the application. I think you pretty much covered it all. Thank you, Pastor. I do have architect
John Teets. If the board has any questions, we can bring the board has any questions. We'll bring
Mr. Teets. Okay. Questions from the board. Yeah. Could you clarify for me if these spaces are
contiguous? They are. Thank you.
Other questions from the board? Can we
see that? You went through
the plan, but can we see where those spaces are?
I'm sorry, you had some.
Yeah, let me go back to where the plan
is. If I can reduce
it down for you so that you could see it better um okay so here's a plan like this but it was
it was a little bigger please
yeah can we can we make that bigger um sure i i there's a second plan as well
yeah sorry i saw yeah i thought i saw where it was like larger
okay so i that's about the best i can do um so this yes can you make it yeah wider so we can
so the air the area to the to the on the left side is unit two uh unit three would be um
towards the center or on the on the left side of center and unit unit six is all the way to the
right. The first unit is roughly 7,000 square feet. The middle unit is roughly 2,500 square
feet. And then the unit to the right, unit six, is 5,682 square feet.
Thank you.
The architect, John T, can answer if you need that breakdown.
We're okay. Questions from the virtual audience?
I do not see any answers, Mr. Chair.
Questions from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Hillary, question, seriously.
Should this be six only? Because two and three already have variances. How do we word this for proviso?
Should this be six only?
Because two and three already have variances.
How do we...
I think we just leave it as it is, because one of the uses that's there previously, it's a religious use, but they have it categorized as assembly and entertainment.
So it might be better. They may be kind of changing that, but it's already, I don't think the use is actually changing. I think there's the category.
I would just vote it as it is, because I think the refusal covers everything.
Thank you for cleaning.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change in zoning at this location from the existing industrial I-1.
This property is a strip mall hosting commercial and other non-industrial uses
and had a variance for religious practices in the past.
The proposed use is consistent with the surrounding area
and will not ensure the use of adjoining properties.
The Planning Commission recommends the board grant the requested variance
for increasing non-conforming use of a religious assembly.
Thank you.
MI 2024-006-667-7770 Dungan Road.
I vote yes.
Michael Johnson, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ty Owen, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you, board.
Is there anyone in the virtual audience whose 2 p.m. case has not been called?
I do not see any hands, Mr. Chair.
okay we're going to move right into the 330 list okay six o'clock
we're going to move on to the 330 list
good afternoon my name is bill berkman and i will be chairing the meeting of the philadelphia
Zoning Board of Adjustments. With me is our Vice Chair, Ismail Shahid. Present, Mr. Chairman. Our
Board Member, Cheryl L. Gaston. Present, Mr. Chairman. Our Board Member, Tanetta Graham. Present,
Mr. Chairman. Our Board Member, Michael Johns. Chairman. And Board Member, Taya Nguyen. Present,
Mr. Chairman. Also present is Hillary Emerson, our Attorney, and Ian Haggerty, our Executive
Director of Zoning. Please be advised the meeting is being recorded. Your participation in this
meeting indicates your consent to be recorded. The video will be posted on the ZBA website
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Let's look at our schedule for this afternoon.
Number two, MI 2024-005-841-4010 Palmetto Street.
That case is continued until February 19th at 2 p.m.
Number three, MI 2024-005-959-1300-202 Harrison Street.
That case is continued to July 23rd, 25th at 9.30 a.m.
And number four, MI 2024-005-964-1444 North 2nd Street. That case is continued to July 23rd, 25 at 9.30 a.m.
Is there any more requests for continuance?
Good evening, Mr. Chair. This is Jason Hand. I will be your co-host for this session.
At present, I do not see any hands raised.
Thank you very much.
And number five, MI 2024, 005-972-4530 Blankston Street.
No exhibits for this case.
This is our first listing.
The listed owner is Elvin Epina-Diaz, and Libio Matos is the DBA U.S. Remodeling Construction.
Is there anyone in the audience for that case?
Mr. Chair, I do not see any hands raised for that matter, and I do not see the individuals
in question. Okay, so MI 2024-005-972-4530 Blankinson Street, that case is continued,