it in 2013, and it's functioned that way ever since.
We also provided a copy of a letter of support from Councilman Driscoll.
which begins at page nine of my exhibit package.
Just to go over the criteria for variance,
the site has long been used for these auto uses,
consistent with numerous similar businesses that are in the area.
The expansion of the use for the personal vehicle repair and maintenance
is not going to cause any detrimental impact to any surrounding properties.
I think that's underscored by the fact that we have both neighborhood support
as well as the support of the councilman's office uh the requested variances that we're asking for
this afternoon are consistent with the historic use and the character of the site and the immediate
neighborhood that surrounds it the proposed residential use and these parking additions
on site are consistent with the prior approvals that were issued for the site and they've
remained unchanged since my client purchased the property and i would submit to the board this
afternoon that this is the least minimum relief that's necessary in order to provide relief and
will not provide any impairment of appropriate use of adjacent properties or impair public
infrastructure. With that being said, I would like to call forward my client to just adopt
my testimony. So, Julie, Mr. Lees, if you could raise your hand.
Council, Mr. Chair, they'll be rejoining shortly.
Thank you very much.
Thank you.
You're welcome.
Thank you.
Council, what's your client's name?
Joe Lees.
They've been promoted as a panelist.
Sure, thank you.
Thank you.
Joe, can you hear us?
I know it's getting late.
If you would like me to,
uh just as an officer of the court i know i know that's what i think is he coming do we see him
uh jason we're not late we still have the 330 list i mean so we're not late i mean i'm here
i'm here can you hear me oh there we go now i can hear you joe could you please state your
can you hear me oh there we go now i can hear you joe could you please state your name is
name and spell for the stenographer uh my name is joseph lees j-o-s-e-p-h last name spelled l-e-e-s
as in sam you swear or firm to tell the truth the whole truth and nothing but the truth yes i do
counsel mr lees did you have an opportunity to hear my testimony this this afternoon
is everything that i i'm sorry was everything that i said true and accurate yes it was uh would
you like to adopt my testimony as your own yes um mr chair if there are any questions sure
questions from the board i just like to add one thing that i clarify one thing that she did say
for the record um the trash for the three apartments is stored in the rear yard and then
we have a maintenance guy every week that comes and puts that trash out for the city to uh for
the trash so okay i just wanted to clarify so trash is stored outside stored outside in the
rear yard, not on the public sidewalk. Thank you. Questions from the board? Yes. Are any of the
parking spaces for the residents or are they all for the commercial businesses? They're all for
the commercial business, the residents park on the street. Thank you. Question. So you say you're
relocating the lot lines, but you said this has been like this for a while. Is this a unity of
use was it previously consolidated or is this one of those courtesy what is it courtesy
consolidations that used to be done in the past or how will we you know so what happened was um it
would help i'll pull up a copy of our proposed law consolidation plan so this is state road so
this is that house that i was showing you and back here are those businesses so weirdly enough
this is where the auto tint business is this is where the lot lines are and it kind of encompasses
that storage area for the window tint plus the auto repair um it's three different lots and so
the prior owner did apply for a lot consolidation back in 1998 for whatever reason they never
consult they never perfected it and so that's what really we're looking for this afternoon
to take these three separate lots and make them all into one got you okay thank you questions for
our attorney um i wanted to clarify a couple things um you had indicated that building four
was going to be for storage but in the application and in the refusal it always refers to building four
as personal vehicle repair and maintenance it's um also being used so it's got storage
and that window tint business is also using it it's all one use so would the use be what is the
primary use of the building because if it's going to be used for storage you would have to get an
amended refusal so uh mr lee is it's my understanding that building number four is
using it's all window it's all it's all one garage and it's all window tint business there's no i
I mean, again, there's no storage there.
It's all, if you can bring up the pictures, you can see in the pictures, it's all one open garage for the window tint.
There was a picture, an interior picture of the window tint.
You can see that in the picture.
If I can just grab that.
Keep going, keep going.
I saw it in the picture.
I think it's the other way.
I think I got to go the other way.
No, I think you're right.
It's the other way.
There it is right there.
That's all, that's the entire garage right there in the left picture.
You can see the two garage doors and the one entrance door on the left top picture.
And that is all the interior.
It's all one, there's no storage.
It's all one garage, two garage doors and a man door.
And that's, that's that building four altogether right there.
Okay, then that's fine.
Your council indicated storage.
So I just had to clarify that.
That's not a problem.
uh the next i just wanted to note for the record it looks like there's a fence and the fence is
not part of this application it looks like the fence is more than four feet in i believe there's
some pictures they may be or maybe it's on google but there is there's a fence there okay um and no
i'm just noting for the record you don't need to you know okay i'm sorry yeah and then also it
looks like the photographs mentioned about a shared driveway and that may be incorrect
but when it talked about parking because it's all the same property just making comments on this
Okay. Questions or comments from the virtual audience?
No hands, Mr. Chair.
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change in zoning at this location from the current ICMX, Industrial Commercial Mixed Use.
Residential and vehicle repair are not harmonious and may injure each other.
However, the proposed vehicle repair and maintenance and multifamily are previously permitted uses.
however the proposed vehicle repair and maintenance and multi-family are previously permitted uses
the area for parking is also existing the planning commission has no objection to granting
of the requested special exception for vehicle repair and the variances for multi-family and
parking so mi 20 26 003 960 7200 state road i vote yes michael johns my vote is yes
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Tyia Nguyen, my vote is yes.
Layla Beebe, my vote is yes.
Thank you so much, members of the board.
Thank you.
Thank you very much, guys.
Thank you.
Is there anyone in the audience whose case has not been called on the two o'clock list?
Mr. Chair, you have a hand up from a Leonor Garcia.
I will allow him to speak briefly.
Lenore Garcia, please unmute
Hi, can you hear me?
I can, could you please state your name and spell for the stenographer
My name is Lenore Garcia, L-E-O-N-O-R
Garcia
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
So your case was continued?
It's going to be continued, it's 3.30 list and we're going to continue
both case one case or two one case right okay all right so we'll be continuing for when
i'll why don't you wait till i'll wait about five more minutes and i'll read it and you'll hear it
okay okay all right thank you very much now we're going to take a five-minute break please make
sure darlene doesn't throw something i think it's five great so we're going to take a five-minute
break all right all right good afternoon everyone my name is bill bergman i will be chairing this
meeting. With me is our Vice Chair, Tanetta
Graham. Present, Mr. Chairman. Board Secretary
Cheryl Earl Gaston. Present,
Mr. Chairman. Board members Michael Johns.
Present, Mr. Chairman.
Taya Nguyen. Present, Mr. Chairman.
Ryan McAdams. Present, Mr. Chairman.
Layla Beebe.
Well, Layla's here. I can guarantee
you that. So also here is our
attorney, Lynn
Reuter-Huber.
She was one minute late, but that's okay.
Our Executive
Director, Ian Haggerty, and our Board
administrator lakeisha dandy this hearing is being recorded and will be posted on the zba website
participate by participating you consent to be recorded this is an in-person meeting with remote
participation whether in person or in zoom if you're called to speak please state and spell
your name wait to be sworn in and after that each time you testify start by stating your name
To enter your appearance, indicate the address on your Zoom webinar, speak with a staff member, call this EBA office by the close of business tomorrow, call 215-686-2429, and provide your name, email, and the case address.
for remote participation raise your virtual hand when directed so that we
can call on you to speak when we do call on you please beforehand check click the
join as a panelist button use the Q&A only for procedural questions nothing to
do with individual cases and if you are adjoining by phone press star nine to
raise your hand and star six to unmute in person if testifying get close to the
mic so that all all attendees and the court reporter can hear you they're
talking eating or drinking aggressive behavior will not be tolerated in an
emergency file staff instructions the main exit the double doors in the rear
if there is an evacuation go to love park and please stay there until we can
account for you. So let's look at our schedule for this afternoon. Number one, MI-2025-002-762-6001
Drexel Road. That case is continued until 2-17-27 at 3.30 p.m. Number two, MI-2026-002-809-649
East Allegheny Avenue.
Our cases continued until
2-17-27
at 3-30.
Number three,
MI 2026
002-815
South 12th Street.
We have no exhibits.
This is the first listing.
Maxine
Pasquale
Nestel,
Nestico
is the listed owner.
He's a doctor.
Good evening, Mr. Chair. This is Jason Hand. I will be your co-host for this session. I do not see either person in the virtual audience.
Good evening, Mr. Chair.
So MI-2026-002-815-2315 South 12th Street. That case is continued until 2-17-27 at 3.30 p.m. and Mark must be heard.
number four mi2026002867263 west rittenhouse square that case is continuing until 11 4 26
at 9 30 a.m we're going to go to number
number six
MI 2026
002 811
419 West Grange
Avenue. Darlene Treat
is the attorney.
Counselor, could you please
state your name and spell for the stenographer?
is your mic going can't hear you yeah my name is darlene threit d-a-r-l-e-n-e threit t-h-r-e-a-t-t
do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do but you identify your client relationship to the property
my client today is miss beverly towns okay and we have a letter of support from the upper north
coalition um vote was 25 in support three in non-opposition our vice chair has a few questions
good evening have you submitted your documents and exhibits 14 days in advance of this hearing