At the other corner, there is a restaurant.
Another restaurant in that area.
The Wawa is being refitted out.
That is directly across the street.
convenience store that mentioned earlier.
Here is the deed from the Secretary of Veterans Affairs
to Skyluck Horizon Realty, my client.
My client is Nick Hewn.
He is the sole member of the entity.
I just want to get down to the nitty-gritty of notice.
This was, so it took quite some time working with the Noming Civic Association to schedule a RCO.
They had not been having RCOs due to COVID, and they had not been transitioning to Zoom.
So in association with John Nolan of Wissanoming, we hosted an RCO on January 6th.
Notice went out at least 14 days prior.
That information showed the context of the block at the intersection, spoke of what we were using it for, included a copy of the refusal, provided the time and link for the Zoom RCO meeting, also provided the time and link information for this hearing today.
uh also the contact information for the honorable maria kimono sanchez 7th council district and
with the gnomic civic association john barden cell phone number he requested that we include that
in our in our um rco notice so that people could call him directly on his cell phone
Um, and again, uh, Wissan-Owing Civic does not oppose this zoning request.
Here is the, our client's tax clearance certificate good through, uh, January 27th, 2022.
Here is our proof of mailing that went out to 55 addresses.
And that went out to this list provided by the planning commission.
to all residents.
And with that, I would like to call on my client,
Mr. Hyun, to raise his hand.
Nick, are you there?
Can you raise your hand?
About to speak.
Sir, may you please unmute?
Sir, could you state your name
and spell it for our court reporter?
My name is Nick Nguyen, N-I-C-K, last name Nguyen, H-U-Y-N-H.
Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Thank you.
Mr. Cook?
Thank you. Thank you. Mr. Nguyen, did you hear my testimony today and my presentation of documentary and photographic evidence?
to your uh to the best of your knowledge and ability was it accurate true and correct yes
do you adopt it as your own testimony sir yes thank you questions from the board
questions from the board no mr chairman no mr chairman no mr chairman questions
no mr chairman no mr chairman
from the virtual or comments from the virtual audience
so some folks has his hand raised i will not speak at this time
good afternoon chairman bergman and zba board my name is
Thank you, sir. My name is Sloan Fuchs, S-L-O-A-N-E-F as in fire, O-L-K-S, representing the office of Councilwoman Maria Quinonez Sanchez, room 508 City Hall, 7th District.
Right, right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
Proceed.
uh the applicant having met with the coordinating rco and having received letter of non-opposition
the councilman has no opposition to this variance request thank you thank you mr folks
thank you anybody else in the virtual audience
no further hand sir planning commission this is uh ryan bednar city planning
for the court reporter could you spell your name please
first name ron r-o-n last name bednar b-e-d-n-a-r right do you swear for him to tell the truth the
whole truth and nothing but the truth uh while this property is currently indicated for residential
on the city plan given the site's physical circumstances and the surrounding use
context. We recommend the request of variance be granted. Thank you very much, sir. MI-2021-003549-5956,
Harpison Avenue, I vote yes. Harold Cenary, my vote is yes. Thomas Holloman, my vote is yes.
James Snell, my vote is yes. Ishmael Shahid, my vote is yes. Thank you, everyone. MI-2020-000664,
1000 East Erie Avenue, Attorney James Murray.
Councilwoman Sanchez has a letter in support.
Mr. Murray has been promoted to panelists.
Good evening, Mr. Chair, members of the board. How are you doing today?
James Murray, Litchfield-Cavo, L-I-T-C-H-F-I-E-L-D, space C as in cat, A-V-O, 1515 Market Street, Suite 1220, Telfia PA 19102, on behalf of Speedway.
Mr. Murray, state your name and spell it for the court reporter.
Sure, James Murray, M-U-R-R-A-Y.
Do you swear for him to tell the truth, the whole truth and nothing but the truth?
Our vice chair has a few questions.
Mr. Murray, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Based on my notes, it appears that you've submitted all the required documents.
Is that correct?
I believe so, yes.
I hope so.
You may proceed.
All right.
Thank you.
Today's application is sorted yesterday.
Today, we are changing out the signage of the gas pricing from the manually changed numbers that are changed by hand with an employee kind of a stick that are backlit to an LED screen gas pricing.
The employee who does it will be doing these as well.
No one's losing their job.
We're not building any additional structure.
We're simply changing out these prices for the LED screen.
The letter from the RCO came in last night about two years late, but better than never, I guess.
I sent it to Ms. Saleta in the ZBA email address, but there was no opposition by anyone, in any way, to anything we're doing.
So here's the on-site Google Maps picture for a better idea of what it looks like.
And again, we're swapping these two boards out for LED numbers.
Thank you.
Questions from the board?
No, Mr. Chairman.
Questions from the virtual audience?
No hands, Mr. Chair.
Planning Commission.
This is Ron Bednar, City Planning.
This property is indicated for industrial use on the city plan.
Our adopted district plan recommends no changes to the existing zoning at this location.
The applicant's hardship is not supported with evidence of unique site circumstances or conditions of the property that were prevented from being used in conformity with the code.
So illuminated signs are prohibited at 200 feet from an intersection.
Therefore, we recommend the request for vanities not be granted.
MI 2020-000664-1000
MI 2020-000664, 1000 East Erie Avenue, I vote yes.
Harold Tannery, my vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
MI 2021-003383, 201-03 East Sheldon Avenue.
RCO 42nd Ward, Letter of Support with Proviso.
Sean Ward.
Mr. Ward's been promoted to panelists.
Mr. Ward, state your name and spell it for the court reporter.
Mr. Ward.
Good afternoon, Mr. Chairman, members of the board, Sean Ward on behalf of the applicant.
Mr. Chairman, just so you know, I have five of the cases on the 330 list, so I will try
and make quick time of all of those.
Just for the court reporter, spell your name, please.
S-H-A-W-N, last name Ward, W-A-R-D,
Attorney for Applicants.
Right.
Do you swear or affirm to tell the truth,
the whole truth and nothing but the truth?
Our vice chair has several questions for you.
Hi, Sean.
Do you agree to waive the reading of the refusal
and stipulate to its accuracy?
I most certainly do.
Based on the notes,
it appears that you've submitted everything required.
is that correct that is correct you may um proceed there's always a word i forget
okay can everybody see my screen yes yes very good uh mr chairman i've submitted my typical
exhibit packet for this property i represent danny lamb who is the owner of the property as well as
domaso guaba that's d-o-m-a-s-o guaba g-u-a-b-a and anthony reyes r-e-y-e-s garcia g-a-r-c-i-a who are
the tenants uh the property is 201-03 east sheldon street uh this refusal is a result of an
application for a barber shop slash hair salon which falls in the personal services category
with a previously approved two-family use above.
The refusal is for personal services
are not permitted in RSA 5.
Accordingly, we seek a use variance today.
That was A1.
A2 is the deed.
A3, proof of tax clearance.
A4 are the photographs of the subject property,
the interior, and some street views.
A5, as the chair mentioned,
is the RCO letter of support from the 42nd board.
As far as A6 goes,
I believe Hillary Emerson is participating today.
If there is a letter, I would ask that be marked as a six. However, we did discuss yesterday and
ran it by Solicitor Suleta, a proviso with regard to this application. Relevant zoning history,
it has a long history of mixed use commercial and residential. 1968 real estate office, one family,
74 real estate office and one family, 92 a grocery store and one family. In 2007, there was a zoning
granted for a three-unit commercial space, A, B, and C, and one family above.
And we were before this board in 2017, where we did obtain a permit for a barbershop.
Again, personal services.
However, that was a three-year temp, which expired during COVID.
That's why we were late to the prom on this one.
A8 is the zoning map.
A9 is the aerial photograph.
Quickly, the days and hours of operation would be Monday through Saturday,
9 to 8, closed on Sundays.
There are three employees, including two barbers and one hairstylist for women, and all trash and stored and sealed containers in their rear fenced-in yard.
So quickly, we have our notice of refusal, the petition of appeal, project information form, copy of Mr. Lamb's deed, proof of tax clearance,
the aforementioned fenced-in rear yard. This is the subject property. This space here would be
space A, which is vacant, and these two spaces together constitute B and C, where the barbershop
hair salon occupies both of those units at this time. Again, a side view of the space B.
again a side view of the space b again this is the vacant space a
just a couple more photos of the side of the building inside the building this would be space c
the foreground is space b again part of space b
and then you have street views of rising sun avenue
Across the street is the recreation field for Owany, I believe it used to be Owany High School.
I think it's Owany Charter Academy now or something.
Again, the RCO letter.
We met with the RCO committee.
The notices did go out for the meeting, but apparently nobody showed up except the committee members themselves.
And that was a Zoom meeting.
they did provide a letter of support in addition to the summary asking that they support the use
with a proviso that it not be extended expanded from what is existing now we don't have an actual
floor plan however we did work out a proviso i think it's acceptable to the applicant the
councilwoman's office as well as the uh the board uh the zoning map shows that this property
is owned as RSA 5. It is an oddly shaped corner parcel. And again, the aerial map,
or aerial photo, I'm sorry. State Route 1001 is Rising Sun Avenue. Sheldon Street cuts in from
there. And again, across the street is the football field for Polony. So that is the
some and substance of my presentation, I would ask that Anthony Reyes Garcia raise his hand so
he can verify and adopt, or we can stipulate. Don't know how to speak.
Anthony, you got to unmute yourself and you'll be able to speak.
Hello? Yeah, could you state your name and spell for the court reporter?
anthony reyes garcia a-n-t-h-o-n-y r-e-y-e-s g-a-r-c-i-a right do you swear a firm to tell
the truth the whole truth and nothing but the truth yes proceed mr ward uh anthony you've heard
my representations to the board yes are they true and correct to the best of your knowledge
information and beliefs yes and you adopt them as your own testimony yes sir very good
questions from the board no mr chairman no mr chairman no mr chairman
thank you questions or comments from the virtual audience
sir miss uh hillary emerson has her hand
yes miss emerson please unmute yourself yes hi miss emerson just state your name you've