civus
Hearing video

ZBA Hearing - September 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20224h 24m

We have met with the RCO and received support from the RCO. They understand that there is

Similar wording

what we believe to be a hardship in the ability or the inability for this applicant to relocate

Similar wording

essentially the same type of business on the same block that is also zoned CMX 2.5, but is allowed

Similar wording

down a few doors. I will keep it brief because essentially this is a pretty straightforward

Similar wording

application in my opinion. We addressed parking with the neighborhood and they understand and

Similar wording

agree that there is meter parking on the street. Trash is handled very specifically. There is a

Similar wording

separate cardboard disposal system because of the nature of the business. The cardboard is bailed

Similar wording

and removed by private haulers. There is no food waste and no intent to serve any food in the

Similar wording

property. So then the other trash would just be items other than cardboard in terms of material

Similar wording

packaging and so forth. We did attach a copy of the deed that shows that the applicant purchased

Similar wording

this property in December of 2021 and has then since decided to make this application.

Similar wording

We have attached the tax clearance certificate and posting of the photos along the front of the

Similar wording

property, as well as the notice of meeting sent to the RCO neighbors and proof of mailing to all of

Similar wording

the required individuals. I have Mr. Talon on the Zoom to adopt my testimony, if that would be okay

Similar wording

with the board. It is. Thank you. Mr. Talon, if you could raise your hand. Mr. Talon, please unmute

Similar wording

yourself and wait for the chair. Sir, could you state your name and spell for the court reporter,

Similar wording

please? My name is Subhash Dailan. Please spell that. Spell for the court reporter, please.

Similar wording

S-U-B-H-A-S-H-T-E-H-L-A-N. Great. Do you swear or affirm to tell the truth, the whole truth,

Similar wording

nothing but the truth. Yes, I do. Proceed, counsel. Thank you. Mr. Talon, have you had an opportunity

Similar wording

to hear my statements to the board today? Yes. And would you say that those statements are true

Similar wording

and correct to the best of your knowledge? Yes. And would you adopt those statements as your own

Similar wording

testimony? Yes. Thank you. Thank you. Questions from the board? No, Mr. Chairman. Questions or

Similar wording

comments from the virtual audience i see no hands chair planning commission thank you chair bergman

Similar wording

Thank you, Chair Bergman.

Similar wording

ian hegarty for the philadelphia city planning commission board members in 20

Similar wording

Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Board members, in 2014, the zoning map was amended in this area to CMX 2.5

Similar wording

in accord with recommendations from the comprehensive plan.

Similar wording

This proposed use is consistent with the physical configuration of the existing building, however,

Similar wording

so the City Planning Commission recommends that the board grant the variance.

Similar wording

Thank you.

Similar wording

MI 2022-002-894-2527 West Rod.

Similar wording

I vote yes.

Similar wording

Carol Tenere, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Bell, my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you very much.

Similar wording

Our number 14, MI 2022, 002-345-6832, New State Road.

Similar wording

Sean Ward is the attorney.

Similar wording

Letter of support from the Taconi Civic Association.

Similar wording

Chair, Mr. Ward is coming back in now as a panelist.

Similar wording

Good morning, Mr. Chair and members of the board.

Similar wording

Good morning, Mr. Ward. Could you state your name and spell for the court reporter?

Similar wording

Yes, my name is Sean Ward, S-H-A-W-N, last name Ward, W-A-R-D, applicant's attorney.

Similar wording

My address is 331 East Street Road, Trivos, PA, 19053.

Similar wording

Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I certainly do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

I represent both Greg Argentina, who is the owner of the property, as well as Mohamed Lacheb.

Similar wording

Forgive me if I'm pronouncing or mispronouncing that wrong.

Similar wording

It's spelled L-A-C-H-H-A-B, who is the tenant operating the auto repair business at the location.

Similar wording

Thank you. Our vice chair has a few questions.

Similar wording

Good morning, Mr. Ward. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do, Mrs. Tenere.

Similar wording

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 of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, to all of the above.

Similar wording

thank you and i see that your screen is up so you may proceed thank you very much uh mr chair

Similar wording

members of the board uh again i represent greg argentina that's greg with two g's g-r-e-g-t

Similar wording

argentina uh and mohammed lachab l-a-c-h-h-a-b for the property at 6832 new state road

Similar wording

back in the day known as Wissan Oming Street. This is an application, as you can see on the

Similar wording

screen, for personal vehicle repair maintenance with storage of parts in an enclosed structure

Similar wording

and vehicles being served as parked on the lot. It resulted in a referral to the board.

Similar wording

That's why we heard it today, because it requires a special exception approval. So according to

Similar wording

we are here requesting that approval. So A1 is the Notice of Refusal. A2 is the ZBA Application

Similar wording

of Appeal. A3 is the Project Information Form. A4, Proof of Ownership. A5, Proof of Tax

Similar wording

Clearance. A6 is a plot plan pulled from the Zoning Archive. A7 is a deed map pulled from

Similar wording

atlas at philadelphia.gov. A8 are photographs of the subject property, some street views,

Similar wording

some aerial views. A9, separate from the packet because the packet was submitted prior to receipt

Similar wording

of SANE, but it would be the RCO letter of support, which was in fact emailed to Hillary

Similar wording

and the zoning board following the submission of the packet. If Councilman Driscoll submitted

Similar wording

the letter. I would ask that that be marked as A-10. As far as A-11, that's the relevant zoning

Similar wording

history. From about 1962 up to, I would say, about 2009, this was an ironworks-type facility.

Similar wording

They manufactured ornamental iron there. A-11 is the zoning map. A-13 is the aerial photograph.

Similar wording

I would point out to the board that this tenant used to be located directly next door at 6836 New State Road.

Similar wording

I would point out to the board that this tenant used to be.

Similar wording

The adjoining uses, 6836 is now vacant, and I see no current permits for use registration on file, so I believe that confirms that this property is still vacant.

Similar wording

6840 New State Road is Brennan Auto Body, which has been a fixture in the Tachoni community for

Similar wording

many years. I believe they've been there since 1954. And then 6800 New State Road is currently

Similar wording

used for the manufacturing of plastic products. My client's days and hours of operation are

Similar wording

generally Monday through Saturday, 9 a.m. to 6 p.m. for customer hours. The employees do,

Similar wording

however, arrive somewhat earlier at 8 a.m., and they do sometimes work into the evening.

Similar wording

However, there is no coming and going of customers at that point in time. So again,

Similar wording

as you can see on the screen, it resulted in a referral. It is on ICMX, and it is 6832 New

Similar wording

State Road. Again, for the use as personal vehicle repair, we have our project information form.

Similar wording

We have our deed. My client purchased this property in 2015.

Similar wording

As you can see, taxes are current through 2022 for the property. The property is approximately

Similar wording

30 feet wide and stretches back about 177 feet. The deed map also confirms that. Let me

Similar wording

shrink that a little bit. So here is a copy of our zoning poster.

Similar wording

Here is the photo of the subject property. It's a one-story masonry garage.

Similar wording

They're trading as Eurotech auto experts. To the right is the former location of Eurotech.

Similar wording

They moved from this property over to this property. It's a typical auto repair place.

Similar wording

As you can see, they do specialize in European vehicles, specifically BMW, which is, you know, I guess the ultimate driving machine.

Similar wording

This is the photograph of State Road facing south.

Similar wording

And then we have State Road facing north.

Similar wording

On the opposite side of the street, you will see this is the former Diston property, which basically Diston's owned the entire section of Tacconi back in the day.

Similar wording

And then attached to the exhibits, we have the zoning permits evidencing the industrial use at this property as a manufacturing of ironworks.

Similar wording

So we also have a copy of the zoning map. It is zoned ICMX, and the property lies just east of I-95 between Unruh, and this would be McGee.

Similar wording

um north street here is a dead end street that does not go underneath i-95 so uh that is the

Similar wording

sum and substance of my application we did mail out the rco meeting notice to the 24 required

Similar wording

uh properties here is a copy of the actual meeting notice

Similar wording

These are the addresses. And then Taccone Civic Association did, in fact, submit a letter.

Similar wording

And quite frankly, the chair of Taccone Civic was the only attendee.

Similar wording

Nobody, you know, nobody, nobody else responded to our meeting requests.

Similar wording

But he did issue a letter in support of the application.

Similar wording

Mr. Argentina is in the roofing business. He is currently on the roof of a building in

Similar wording

West Philadelphia right now. And the tenant Muhammad is running the shop right now. But

Similar wording

as an officer of the court, I would submit that I have reviewed with both of those,

Similar wording

my exhibit packet and my representations made to the board today. If they were called to testify,

Similar wording

If they were called to testify, they would certainly certify that my representations are true and correct, and they would adopt them as their own testimony.

Similar wording

they would certainly certify.

Similar wording

Thank you, Mr. Ward. We accept your testimony.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands at this time, Chair.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman. Good afternoon. Sorry, good morning, Board members. The proposed special exception, the State Planning Commission believes the proposed special exception will not cause detrimental impacts to the neighborhood beyond what might normally be expected for this use. We recommend that the Board grant the special exception.

Similar wording

Thank you. MI 2022-002-345-6832, New State Road. I vote yes.

Similar wording

Harold Tanari, my vote is yes.

Similar wording

Thomas Hallowin, my state.

Similar wording

My vote is yes.

Similar wording

James Snow, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you, Mr. Chairman.

Similar wording

I will see you at 3.30.

Similar wording

All right, great.

Similar wording

Thank you.

Similar wording

Is there anyone in the virtual audience whose case has not been called yet this morning?

Similar wording

I see no hands at this time, Chair.

Similar wording

Thank you, everybody. See everybody at 2 p.m.

Similar wording

All right. Okay. Everybody have a good one.

Similar wording

Thank you.

Similar wording

Hold on, Mr. Chair. We have a hand.

Similar wording

Mr. Chair, we do have a hand.

Similar wording

I'm here.

Similar wording

Chair, we have a Tayson DeVore with his hand up. He just put his hand up.

Similar wording

Okay.

Similar wording

Mr. DeVore, you can unmute yourself and wait for the chair, please.

Similar wording

Hi. Could you state your name, please?

Similar wording

Good morning, Mr. Chair. My name is Tyson DeVore, T-A-I-S-O-N.

Similar wording

last name before d-e-v-o-r-e right we're affirmed to tell the truth the whole truth nothing but the

Similar wording

truth yes i do what case do you want to talk about sir uh we were just basically trying to

Similar wording

get clarification on the voting for 5901 latona i know when we had the meeting last week they said

Similar wording

that you will reconvene once all the other board members will look at the exhibits and make a um

Similar wording

ruling on the vote for what case was that 5901 latona case number m1 2 0 2 1 0 0 4 5 9 2.

Similar wording

it was a hearing that was it was a hearing that was uh is that the ice cream place do i remember

Similar wording

that that was the takeout restaurant yes right okay yeah mr chair that um we have one or two

Similar wording

members of the board that need to review the video from that and then vote and that vote will occur

Similar wording

on the record at a later date. All right. Thank you. Okay. Thank you. Thanks for your interest,

Similar wording

sir. Is there anyone else? Chair, I see no other hands at this time. Okay. Thanks,

Similar wording

everybody. I appreciate it. See everybody too.

Similar wording

good afternoon my name is bill bergman and i will be chairing this afternoon's eba hearings

Similar wording

with me is carol tenary our vice chair

Similar wording

she should be on very shortly ismail shaheed our like our board secretary

Similar wording

president mr chairman thomas hallman our board member president mr chairman and james snell

Similar wording

our other board member will be on in a little bit also here is our executive director tanya sunkett

Similar wording

and our Board Attorney Hillary Emerson. Before we begin, here's our virtual format.

Similar wording

Be advised the proceedings are being recorded. By participating, you have a knowledge agreement

Similar wording

to be recorded. The video will be available by contacting tanyasunkett at phila.gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves

Similar wording

before testifying. If you are participating by phone, if you wish to testify, press star nine

Similar wording

to raise your hand and star six to unmute. To enter an appearance statement, call 267-270-5548.

Similar wording

Leave your email and the address of the property in question. And finally, the question,

Similar wording

the box on the screen for comments and testimony should not be used for comments or test should not

Similar wording

be used for making comments. Any issues relative to anything you have for this directed to our

Similar wording

executive director, Tanya Sunken. Now let's take a look at our continuances. Number three, MI 2021

Similar wording

Number three, MI 2021, 005318649 North 11th Street. That case is continued.

Similar wording

21.

Similar wording

Number eight and number nine, MI 2022-002-637-7248 Rising Sun Avenue and MI 2022-008-77-7248

Similar wording

Rising Sun Avenue. Those cases are continued. Case number 12, MI 2021-00-5319-610-North 11th

Similar wording

Street. That case is continued. And number 13, MI 2021-00-4545-636-North 11th Street. That case

Similar wording

continue. Does anyone have

Similar wording

any comments relative to those

Similar wording

cases that have been continued?

Similar wording

No hands,

Similar wording

Chair. All right. In case number

Similar wording

one, MI

Similar wording

2022

Similar wording

003179

Similar wording

2225 Master Street,

Similar wording

I believe David Orphanides

Similar wording

is going to request to continue.

Similar wording

Mr. Orphanides?

Similar wording

Mr. Orphanides, can you please unmute yourself and wait for the chair?

Similar wording

Can you hear me?

Similar wording

Yes, I can.

Similar wording

Mr. Orphanides, could you state your name and spell it, please, for the court reporter?

Similar wording

Certainly.

Similar wording

My name is David Orphanides.

Similar wording

The last name is spelled O-R-P-H-A-N-I-D-E-S.

Similar wording

You swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Mr. Orfanides, do you need a continuance for that case?

Similar wording

We do.

Similar wording

We've met with the community group.

Similar wording

We've met with them twice.

Similar wording

And based upon the comments we received, we're working on a redesign of the project to hopefully provide for their requests and recommendations.

Similar wording