civus
Hearing video

ZBA Hearing - November 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 20, 20244h 24m

It's a family office.

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I understand that, but that is the rules and the code and the regulations.

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If the property is owned in the name of a business entity, you need to be represented by an attorney.

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So please, please have an attorney represent you for your next hearing date.

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MI 2024, 004-403-289 East Walnut Park Drive.

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Cases continued.

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Number six. MI 2024-004-450-10790 Busselton Avenue. Sean Rexroad is the attorney. There's a letter of support from Somerton Civic Association, 35-2, and a letter of non-opposition from Council Member O'Neill.

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Sean Rexroad will be rejoining as a panelist.

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Sure.

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Good afternoon, Mr. Chairman.

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Hi, counsel.

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Hi, could you state your name and spell for the course sonographer, sir?

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Yes, it's Sean Rexroad.

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That's S-H-A-W-N-R-E-X-R-O-A-D.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Could you identify your client, a relationship to the property?

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Yes, my client is Ruben Estaya, who's doing business as Usta, Ruben Jewelry. He is the tenant.

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Do you stipulate to the reading of the refusal and agree with its accuracy?

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I do.

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Please share your screen and make your presentation.

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Thank you, Chair. Bear with me here one second.

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can you see my screen we can yep thank you good afternoon mr chairman and members of the board

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um we're here today seeking a variance allowing the applicant to operate a jewelry store from

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10 790 busselton adams c which is in the rsc2 residential zoning district as we will show in

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our exhibits premises my client leases was represented to him as a commercial property

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at the time he entered into the lease back on april 1st 2024 indeed by all objective observations

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the premises appears to be commercially zoned the building uh within which the premise is

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The building within which the premise is located is a commercial structure and includes other commercial tenants, such as a dentist, an optical center, a vein center, and a beauty salon, and a chiropractor.

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located is a commercial structure and includes

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In addition, the entrance to the building fronts the commercial corridor of Busselton Avenue, and the property upon which the building is located is adjacent to a property that is, in fact, zoned CMX1.

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It was only after the applicant's use permit was denied that he became aware that 10790 Busselton Avenue was zone RSA 2, which does not permit wearing apparel and accessory by right so that he can operate a jewelry store from the premises.

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Although we were unable to verify it with the city, in looking at a 1962 land use map at 10790 Busselton Avenue, it appears that the property was zoned commercial and that sometime thereafter the parcel was rezoned RSA 2.

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That said, we believe the parcel has always been used as a commercial space.

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In any event, once the applicant received his refusal and appealed L. Nye's decision to this board, he met with the Suburban Civic Association, the coordinating RCO, on September 10, 2024.

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The meeting was well attended, and the applicant received the overwhelming support for the RCO for the relief he now seeks in his application for appeal.

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Indeed, the final vote was 35 in favor and two opposed.

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I note that as a condition of the RCO's support, the applicant agreed that so long as he is the

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tenant at the premises, he would not display any storefront signage at the property for the

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purchase of gold. This agreement has been memorialized in a good neighbor agreement

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with the RCO and executed by my client on November 14th and the RCO on November 13th,

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which I think was submitted to you by the RCO directly. Also, before I get to the exhibits,

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I just want to note that my client is a small business owner. He's owned three jewelry stores

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since he immigrated to this country in the early 90s, so he's well-seasoned in owning

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and operating jewelry stores. It's not his first endeavor. With that, I would like to turn quickly

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to our exhibits, but demonstrate, among other things, that we've complied with the requirements

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of the Philadelphia Zoning Code to be before you now, and that we've submitted evidence sufficient

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for the ZBA to grant the relief request in the applicant's appeal. With that, I'll just turn to

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my exhibits. This is a copy of the notice of refusal. This is our application appeal which

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was filed timely within 30 days after the refusal. This is the project information form.

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This is the vesting deed that shows that Yang 88 Realty LLC is the owner of the property.

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and this is the exhibit that shows that my client is in fact the lessee of the property

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this is a letter of consent and authorization from

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from the owner for us to be here seeking this variance

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this is also a letter on behalf of my client authorizing me to be here

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This is a certificate of tax clearance. This is for the owner, valid through the end of this month, and this is a certificate of clearance for my client, valid through the end of this month.

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This is a zoning notice showing that we posted as applicable with the code. We posted more than 20 days before this hearing at the frontage of the property. This is just another angle showing that it was on the store frontage.

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this is our letter to the rco requesting a meeting within uh timely uh this the next exhibit will

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should be our uh this is our uh our letter uh to the near neighbors which was sent timely and prior

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to the rco meeting attaching the refusal notice uh this is our proof of mailing to the near neighbors

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this is just a picture generally of the outside as you can see it is is it's not a residential

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uh property it's certainly commercial property is currently being operated such

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this is bustleton avenue which is busy and you know is a commercial corridor

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this just shows where this another again another angle this is a google maps angle

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of the property uh from street view which shows there's commercial to the right although that's

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also RSA too, but to the south, CMX1, which this would actually, the use that my client is seeking

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would be permitted by right. This is the old zoning map. I know it's very hard to see. This is my

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client's property here, and it actually, this is the key, indicate this, and again, it's very hard

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to see, but if it's shaded without any lines or anything, it says commercial use.

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uh if it's if it's shaded without any lines or anything it says commercial use and as you can see

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it's it's not it's not shaded so it was commercial use 1962.

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this is just exhibit showing that cmx1 is by right wear and apparel which is what my client

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is seeking this is a copy of the good neighbor agreement where my client agreed uh to not display

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uh purchase of gold signed by my client as well as the somerton civic association

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And this is our letter of support from the Somerton Civic Association.

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Yeah, that is all.

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At this time, I'd like to bring my client on to adopt my testimony as his own.

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I'm asking that Ruben Yostaev raise his hand at this time.

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May I have been on the option to speak?

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Sir, could you please state your name and spell for the court stenographer?

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U-S-T-A-Y-E-V, my last name and my first name, Ruben, R-U-B-E-N.

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We're affirmed to tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Please proceed, counsel.

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Thank you. Mr. Steyer, did you see my presentation?

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Yes.

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Is it true and accurate representation?

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Yes.

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Do you adopt it as your own testimony?

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Yes, Mr. Chairman, I'd like to open for questions, I think, to make my client available for questions from the board or any other questions you might have.

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Questions from the board.

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Questions or comments from our attorney, Hillary Emerson.

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um just a quick question um it appears on the lease that this is in this is for suite c

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if the board grants is that something that should be included in the provide though

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we're fine with that yeah we're only looking for the variance at suite c

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thank you

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questions or comments from the virtual audience

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No, let's see any further answers.

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Planning Commission.

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So, Ron Bednar, City Planning, first name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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We're affirmed to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed, Ron.

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This property is split zone residential on the city plan, given the site's history and

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physical circumstances, we have no objection to the Brownian appearance.

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MI 2024-004-450-10790, Busselton Avenue. I vote yes. Proviso, Sweet C only.

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Michael Johns, I vote yes with Proviso.

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Cheryl Gaston, my vote is yes with Proviso.

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Senator Graham, my vote is yes with Proviso.

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Taya Wen, my vote is yes with Proviso.

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Thank you, counsel.

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Thank you. Appreciate it. Have a nice evening.

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you too. Is there anyone in the virtual audience

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who his case has not been called?

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I do not see any further hands, Mr. Chair.

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Thanks, everybody. And remember, we're off

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next week. Everybody have a nice

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Thanksgiving. Sit back and relax.

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I'll try not to bother Hillary

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at all next week. I'll give her the whole week off.

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So everybody enjoy next week

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and have a good time. Staff, too.

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Make sure everybody has a good time. See you,

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everybody. Thank you very much, Chair.

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Have a good night.

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Have a good holiday.

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good good night great job everyone

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