frankly, this proviso plan reduces further the size of the church. Specifically, building A has
changed in height from 18 feet to 17 feet. The building B has changed in dimensions a little
larger from 110 by 52 to 110 by 55, but the height of the building was reduced from 28 square feet,
I mean, from 28 feet to 25 feet.
Commissioners, we did meet with the community association.
We circulated a flyer.
We sent the letters out, a certified receipt, and we had a meeting whereby we had about 52 individuals from the community that attended the meeting.
Basically, they had concerns of what would be provided to the community.
and would there be any costs
and would there be any benefits to the residents?
Mr. Montez indicated to the community, number one, that he was paying to build this church out of his own pocket.
Mr. Montez indicated to the community,
number one, that he was paying to build this.
Number two, that each and every program that the community, that the church offered would be available to the residents of the community.
Specifically, the community children would be able to engage in the summer camp for free and after school tutoring for free, as well as the mentoring programs for free.
The community did ask us in regard to whether or not there would be any open space on the land that specifically the community may use or the children may use to play or on.
And we indicated that we were open and amenable to that use for the community to enjoy.
If you look at the plan specifically, you can see that there is open space in this diagram.
The open space is here, and there's some more open space over here, and we had no objection
to providing an area at specific times for the children or the community to use.
Additionally, in our building here, the first floor is a multi-purpose floor whereby we
will have community activities. We'll have basketball and we'll have other activities
for the children of the community to use. After a pretty long meeting, the Community Association
voted on the meeting and they provided us with a letter of support indicating that they had
no objection to us developing this parcel as it is. Commissioners, I've also submitted
some pictures. And here we go. I'm going to open them up now. Here is just a general review of
how the parcel looks. The history of this parcel, it used to be a manufacturing plant.
After that, it was a mail service facility. Currently, it's just a huge vacant lot. It's
been vacant for a very long time. There is on-street parking, not a lot of it, but there
is on-street parking. And again, we are providing a significant amount of parking, I would say,
of 31 parking spaces. Commissioners, with that, I would ask that you consider our presentation
and you request the requested variance use.
Thank you.
Do you have any witnesses, Ms. Three?
Commissioner, I am hoping that Mr. Jose Montez,
as well as Ms. Nida Montez and their son, Eric Montez Ayala,
are currently on the Zoom call.
I only need to hear from one.
So if anyone wishes to testify in this case,
please raise your hand. So we have Nyada. Your mic is open so that you can now wait to be sworn in.
Please spell your first and last name.
I think we're having audio problems.
N-A-I-D-A
last name
M-O-N-T-E-S
you're swearing to
tell the truth the whole truth and nothing but the truth
I'm sorry could she spell her
first and last name again I'm sorry
N-A-I-D-A
last name
Montes
M-O-N-T-E-S
thank you
that first name is an m as in michael or mary n as in nancy oh n as in nancy i stand corrected
thank you you're welcome miss three yes ask your client if they dropped your testimony
uh miss uh montez have you heard the testimony here rendered by me to the board today
yes and if you were or if you your husband or um eric your son were to testify today
would you adopt the testimony that I just gave to the board yes thank you thank you is there
anyone who wishes to testify in this matter if so please raise your hand at this time yes here
Let's go to the next one.
Excuse me, I'm sorry, I didn't hear.
We're not talking to you at the time, it's Montez, okay?
We're not talking to you at the time, it's Montez, okay?
It seems like something's going on with Sloan folks, but that's the only person we had.
Good afternoon, Chairman DeChico, ZB.
Sloan folks, S-L-O-A-N-E.
Oh, I'm sorry, I'm sorry.
Sloan, hold on a minute.
Yes, sir.
There are people in the background, I believe it's the Montez family, they're talking with their mic on.
No, that's Sloan.
Hello?
no that's sloan it's not the montage oh okay i hear people talking in the background all right
i did too now it's quiet oops thank you i apologize sloan fuchs s-l-o-a-n-e f-s of fire
o-l-k-s office of councilman maria quinona sanchez room 508 city hall and you're still
under oath please yes sir the applicant having made with the rco and garnered a letter of support
Our office also offers a letter of non-opposition in this various requests.
Thank you.
Thank you.
I jumped out of water.
Does the board have any questions?
All right.
Ms. Three, did you say that, is this a revised plan?
The revised plan is Exhibit D. It consists of three pages.
Three pages.
Planning Commission.
Good afternoon. Ian Litwin with Planning Commission staff. This parcel is owned for residential uses. However, the proposed use is in keeping with the neighborhood patterns where religious uses are intermingled with residential uses. We have no objection to the variances, but we do feel that the curb cut requirements should be met.
Thank you. Calendar number 39707, 2900 North 4th Street. My vote is yes with the proviso. Revised plan. Three pages approved today.
My vote is yes with proviso.
Yes with proviso.
Yes with proviso.
Yes with proviso.
Thank you.
Thank you very much, Commissioners. Have a great day.
You do likewise. Thank you.
Thank you.
So, Tanya, I'm going to open up the 3.30 session.
That's good for me, Chair.
You're good to go?
Good afternoon, everyone.
My name is Frank DiCicco.
I'm the Chair of the Zoning Board of Adjustment.
I'll be participating in today's hearing along with our Vice Chair, Ms. Carol Tenere, Board
Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James Snell.
Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.
For those of you who haven't yet participated in our virtual hearings,
I'll go through some of the basics of what you can expect. First, we will begin this afternoon
session by reading a list of cases to be continued. If you believe any cases being continued in error,
we will give you an opportunity to respond. After reading the continuance list and receiving any
feedback, we will take any additional requests for continuances and or withdrawals. Then once
we've confirmed which hearings are being continued, Ms. Tenere will begin calling the remaining cases
listed for this session. When a case is called, we ask that attorneys representing applicants or
other interested parties in this matter identify themselves for the record. We will then hear the
appellant's presentation, followed by any presentation by attorneys representing other
parties. Interesting parties and members of the public, not represented by council, will then be
given an opportunity to testify. We will finally hear the recommendation of the Planning Commission.
At the hearing's conclusion, we will either vote the matter immediately or hold it for discussion
in executive session. Any case held for discussion will be voted at the next scheduled Wednesday
morning executive session. Please note the following changes related to the virtual format.
First, we will be administering oaths to individuals prior to their testimony.
Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses
identify themselves prior to speaking or testifying.
Third, we'd like to advise everyone that this proceeding is being recorded and that by
participating, you acknowledge your agreement to be recorded.
Fourth, for anyone participating by phone, if you wish to testify, you must raise your
hand by hitting star nine and then star six to unmute yourself. I'll repeat. For anyone
participating by phone, if you wish to testify, you must raise your hand by hitting star nine
and then star six to unmute yourself. Finally, to enter an appearance statement, call Google
267-270-5548 and leave your email address and the address of the property at issue.
I'll repeat that again. To enter an appearance statement, call Google.
I'll repeat that again.
To enter an appearance statement, call Google 267-270-5548 and leave your email address
and the address of the property at issue.
With that said, we will begin.
But before Ms. Tenere calls the first case, we'd like to announce that the following matters
are being continued.
MI-2020-000672, 301 Ridge Avenue. If anyone would like to respond to that continuance,
or is anyone wishing to ask for a continuance or withdrawal, please identify yourself by raising
your hand now. I'm sorry, if I could just make a quick correction, it's 3017, right?
three oh i'm sorry 3017 correct 3017 ridge avenue thank you chair thank you at this time no hands
are up carol please call the first case okay this is turn if i could ask before you call the first
case would you be able to revote a case from the 9 30 list to add a proviso plans or a revised
plans proviso what's the calendar number um it is calendar number mi 2020 000 859 1400 south 33rd street
that's what are we doing we're revoting it um just revoting it because it didn't include the
revised plans proviso so it would be yes with proviso um revised plans one page approved today
next calendar number mi-2020-00085
nine nine nine okay all right count mi-2020-000859 1400 south 33rd street
my vote is yes with the proviso revised plan one page approved today
my vote is yes with proviso yes with proviso yes with proviso yes with proviso thank you
okay calendar number mi-2020-000799 160 manhine street number two the attorney is
Rachel Pritzker. Good afternoon. Good afternoon. Can you put your name and address on the record,
please? Sure. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, Pritzker Law Group, 1635
Market Street, Suite 1600, Philadelphia PA 19103. Thank you. And do you swear or affirm to tell the
truth and nothing but the truth? Yes. Do you also agree to waive the reading of the refusal and
stipulate to its accuracy? Yes. Thank you. You may proceed. Okay. So I know that the community this
morning from Allison Weiss had requested a continuance. I spoke with Sharon about this as
our meeting with the community on the 22nd of September and so we'd like to instead of continuing
it because this matter deals with an existing structure with tenants in it already that we
be able to put the case on and then hold for an RCO letter if possible instead of continuing it
at this point. Okay, we'll do that. Thank you. Great. So this case is 160 Mannheim. I'm going
to share my screen. Okay. We were refused the property zone RSA 3. Again, it's an existing
structure. It's a duplex currently. It's an almost 3,000 square foot big Germantown twin,
and we got two variances generated from the refusal, which is the duplex for two family
household living, and also the required two off-street parking spaces, although again,
it's an existing structure. As you'll see from our application and from the photos that I'll
share about the property. Again, it's existing. We're in good standing tax-wise. There are
tenants. They're separate meters, separate locations. It's a pretty large property. Again,
almost around 2,700 square feet, the building alone. It's already built.
2,700 square feet, the building alone. It's already built out. There's no ability to add
parking. You can't put parking in the front yard. It would be kind of add a character to add the
parking. Again, it's an existing structure. Underground parking is not feasible and we
can't access by a side street or a rear alleyway. In order to comply with RSA 3, we would have to
move all the tenants out, demo the existing structure. And this property was originally
zone for a duplex. The owner before my clients purchased it actually had pulled a permit
thinking he was going to rehab it into a single family and never did and sold it as a duplex.
We're actually dealing with that separately with that seller as we were under the assumption that
it was a legal duplex, as you'll see a pretty large structure. And let me just get to the
photos so you can see the interior layout. This is the apartment, kitchen, the first
kitchen. This is the living room. Obviously, you can see there's tenants in there, so they
were kind enough to let us take some photos. This is the bathroom, the first bedroom. This
is the second apartment, also a kitchen, bedrooms, second bedroom, dining room. As you can see,
it's a pretty large space so um plenty of room for two individuals and then separate doors as
you can see um so again already built out as a duplex i'm just going to show um there also we
were given um from the prior owners uh the rental license uh that shows that it was approved for two
units uh so my clients you know were under the assumption that that was uh correct um
Um, in addition, I would like to just share, um, if I can, zoning history, just to show
that, um, it was previously approved.
Uh, it was a three family at one point.
It was a five family at one point.
And then in its most recent history, uh, it was, uh, a duplex.
Uh, so it was crossed out single family.
it was never converted and the prior permit to the property shows uh i guess a three a three