Okay, Chair, we have 37 attendees, and we can start when you're ready.
Thank you.
Good morning.
My name is Bill Bergman, and I will be chairing this morning as EPA hearings.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, Thomas Holloman.
Present, Mr. Chairman.
and our board member James Snell. Present Mr. Chairman. Also present is Hillary Emerson our
attorney and our executive director Tanya Sunkett. Here's our virtual format. Be advised
proceedings are being recorded. A video will be available by contacting tanyasunkett at phil.gov.
For the benefit of our court sonographer we ask attorneys and witnesses to identify themselves
before testify. If you are participating by phone, if you wish to testify, press star nine to raise
your hand and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave
your email and address of the property question. And finally, the question answer box on the screen
is not for testimony or comments. Any comment should be directed to our Executive Director,
Tanya Sumpkin. Let's look at our schedule today, what our continuance is for this morning.
Number eight, MI 2022-005-740-1115 West Lehigh Avenue. That case is continued.
you mr chair this is hillary um just to clarify the address that is one one five not 1115 okay
one one five west lee hi after thank you thank you number 11 mi 2022 005 736 1610 margaret street
That case is continued. And number 14, MI 2021-004-387-6809 Woodland Avenue. That case is
continued. Does there anyone have any comments relative to the three cases that have been
continued? I see no hands, Chair. Thank you. Are there any other requests for continuances?
This is Doreen Blake. Oh, yep. I see a hand with the phone number ending in 3552.
Okay. Bring them on, please.
Allow them to speak. Yes.
The person with the phone number ending in 3552, you've been allowed to speak.
Yes. I have a request for continuous. My name is Adrian Fernandez from Swampyro.
Could you state your name and spell for the court reporter?
Oh, yes.
Adrienne Fernandez, Swamp Middle Neighborhood Processing Association, RCO.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
What case?
The address is 1514-1514 West Lehigh Avenue.
One, five, one, four.
Do we see that?
Mr. Chair, that is number five.
If we could call up the, see if anyone is here for the owner.
Thank you.
Mr. Brown, Herbert Brown, please.
1514 Wesley High Avenue.
Case number MI 2022-005738.
Mr. Brown, if you're in the audience, could you please raise your hand?
We see him? I don't see him. Okay, so 1514 Wesley High Avenue.
This is the first listing. We have documents that we don't have at this point. So this case will be continued. So it's MI-2022-005-738-1514, Wesley High Avenue. The case is continued. Thank you for calling in.
This is the first listing. We have documents that we don't have at this point.
You're welcome.
number four mi 2021 004 590 1331 north 30 street charles holiday is the listed owner
we have no exhibits no exhibits this is the third listening
charles holiday if you're in the audience raise your hand please
I don't see him there.
Okay. So MI 2021-004-590-1331 North 30th Street. This is the third listing. I vote to dismiss.
Thomas Holloman, I vote to dismiss.
James Snell, dismiss.
Ishmael Shaheed, dismiss.
Thank you.
Number nine, MI 2021-004-368-2967 Amber Street.
2967 Amber is the owner, applicant.
2967 owner if you're in the audience please raise your hand
and i do not see them either jim all right so mi 2021 004 368 2967 amber street this is the
third listing, but the original attorney has recently stepped off the case. This will be
continued. Mark must be tried. And number 13, MI 2021-004-526-110 South 10th Street.
110 realty associates it is listed owner this is no no exhibits third listing
we see any hands i see no hands chair thank you so mi 2021 004 526 110 south 20 street
no exhibits third listing I vote to dismiss Thomas Holloman my vote is to dismiss
James Snell my vote is to dismiss
Ishmael Shaheed my vote is to dismiss thank you
take number two first MI 2021 004 390 7120 Wissahickon Avenue
James McLeod is the owner pro se. There was a RCO meeting on 1-5-22. We do not have the letters of yet.
Mr. McLeod? Mr. McLeod, if you're in the audience, can you raise your hand please?
I don't see Mr. McLeod there.
Mr. James McLeod, if you're in the audience, raise your hand, please.
No hands, Chair.
I don't see him, Chair.
MI 2021-004-390-7120 Wissaken Avenue.
This case is continued. Mark must be tried.
Number seven, we're going to hear.
MI 2022-005-751-7631 Algon Street.
Stephen Collins is the owner applicant.
It's a pro se.
Mr. Collins is in the audience.
We have a recommendation of support from the Roanhurst Civic Association.
Mr. Collins has been promoted.
Mr. Collins has been promoted.
Thank you. Good morning, Mr.
Thank you.
Good morning, Mr. Collins.
Could you state your name, please, and spell it for the court reporter?
Mr. Chairman, do you hear me?
Could you state your name, please, and spell it for the court reporter?
Stephen Collins, S-T-E-V-E-N-C-O-L-L-I-N-S.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
So this application is for a business and professional office at the first floor in the same building with a single-family household living.
There are no signs with this application.
Multiple principal uses on a lot is prohibited in the RSA 3 zoning district.
The proposed use business and professional office is prohibited in the RSA 3 zoning district.
Our vice chair has just a few questions, sir.
yes good morning sir have you emailed all the required documents and exhibits to proceed with
this case five days in advance to this hearing yes thank you please proceed and share your screen
green button at the bottom share screen here you go thank you
okay thank you
why don't you why don't you start with some photos we see everything else
okay start your testimony sir
um i purchased the the building about three years ago and the building was set up like it is
currently the first floor was a tenant that has been an accountant there for about 10 years and
previous to that i was told that the dentist was there for about 20 years um i want to keep the
building the way that it is currently set up with no changes except for the zoning to be changed
from the residential to the current use of the community mixed license, the commercial mixed
license, mixed use license. And you went to the Roanhurst Civic Association? Yes. Yeah. Why don't
Why don't you flash a copy of their report, their letter?
That was it, just put it back up.
the brownhurst association do you want me to read that sir uh i see it work
um mr chair this is hillary i think they were a little confused about the yeah i agree there's
also there's also a meeting summary form um i think that was the next document why don't we
to indicate their support.
Is that what you need, Mr. Chairman?
Yeah, I just think the letter they sent was not,
they got a little confused with it.
Keep going.
Let me see what else is here.
all right so the first floor is going to remain as a business right yes and and what what's what's
the business that's good of there is there all right could could i see the front of the building
again and this is an end property am i right yes
okay questions from the board no mr chairman no mr chairman
no mr chairman no mr chairman no chair questions or comments from the virtual audience
yes we have a miss alice yudovic with her hand up good morning
good morning
could you please state your name and spell for the court reporter alice
Good morning, Chairman, members of the board, Alice Udovich, U-D-O-V-I-C-H, from Councilman
Brian O'Neill's office.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Proceed.
The Councilman has no objection to the granting of the variant since this use seems to be
in place for many years at that location.
Thank you very much for calling in.
We appreciate it.
Is there anyone else in the virtual audience?
i see no hands here planning commission thank you chair bergman and good morning david fecto
f-e-c-t-e-a-u with the city planning commission do you swear or affirm to tell the truth the
whole truth nothing but the truth yes sir i do proceed thank you chair and i do have a question
before i start my testimony um i was under the same impression as the ron her civic association
the um refusal we we have available to us says this is for visitor accommodation yeah i we we've
come to the conclusion that ronhurst made a mistake with with the letter well and i i believed
what the council person's office saying that they're in favor of it i noticed the council
person was was copied on it too okay well that yeah i was gonna say because of the
but the refusal we have available to us
is visitor accommodation as well.
So that's, all right.
So this is actually for us.
David, sorry, this is Hillary.
What is the date on the refusal that you have?
Well, let's see.
Let me open this.
It's in Eclipse.
And we're loading.
It's okay.
Okay, so August 30th, 2022.
And Mr. Collins, can you please bring up the refusal that you have? Because I do see on Atlas, it does say visitor accommodations, but the refusal that was provided to the board.
Okay, this was later. Okay. So this is, there's, it looks like there is an amended refusal on this one. And let me just make sure it's the same application number.
Actually, it's a different application number.
huh it was correct okay okay so mr collins was there an application for visitor accommodations
for this address previously that was incorrect that was incorrect okay so then a new application
was filed yes and then a new refusal was issued okay all right so this is the later refusal so
we will go with this one and this is the one um i presume um lakeisha can you just make sure that
this was the one that was appealed this the um check eclipse and make sure this is the one that
was appealed yes thank you it was the accountant's office for 10 years yes yes we we understand mr
Collins. We're just making sure that the paperwork is all in order. It just was a mistake on the
paperwork. While Lakeisha is checking, I think we could go ahead, David, if you're ready to give
your recommendation. All right. Thank you, Hillary. I appreciate that. So, Mr. Chairman,
members of the board, David Fechter with the City Planning Commission. The comprehensive plan
recommends no change to the residential single-family zoning at this location. This is a
non-conforming property with a ground floor commercial space and one residential unit above.
The applicant has shown that there is a unique physical condition or circumstance that would
require the proposed variances, and so the City Planning Commission recommends the board to
grant the use variance. Thank you. How are we ready to vote?
just checking to make sure yeah it's a different zp number
so the wrong so the wrong case was a all right so this this one the zero zero nine six five seven
was not what was appealed no okay uh mr chair we're gonna need to hold the vote on this um
because the there was a paperwork issue okay so mr collins we're gonna hold the vote on this
Because there was a paperwork issue.
So, Mr. Collins, we're going to hold the vote on this, but the record will be closed other than the new paperwork, Hillary.
Thank you.
Am I right?
The record will be closed except to the extent that we need corrected paperwork.
Can we look to have this corrected by next Wednesday, or do we need more time?
We will do our best to have it corrected by next week, but we may need more time than that.
Mr. Collins, we'll make sure we get to this, okay?