that city suite would recommend we also include a provision regarding being respectful to your
neighbors noting specifically and i quote you live in a quiet residential neighborhood please
be respectful of your neighbors all near neighbors have our contact information and in this case our
refers to my client on me we take complaints about our tenants behavior seriously you have three
strikes the first two complaints from neighbors will result in written warnings the third strike
will be considered a material breach of lease and subject you to eviction we took our neighbors
concerns very seriously and listened intently during that first meeting we came back for the
second this is what we shared and we had hoped that this would assuage neighbors concerns i
understand that parking is a continuing concern no matter where we are in the city but that is not
an issue in this matter and members of the board every time i've gone to that property i've
been able to obtain without any hesitation parking on the street and i've been there both in the
morning afternoon and evening um i know that's not my one anecdotal experience it's not everybody's
experience and i understand that people are concerned by the number of bedrooms that were
in there however we feel as though we assuage that concern by including the lease term that
each unit has one car moreover you can't enforce that but i i let's just for the purpose of the
record members of the board uh there'd be and it were renovated one it would be very expensive the
house itself would cost a lot to do because of the construction costs that will be incurred by my
client and then there's no enforcement as to how many cars somebody would have it could be a five
bedroom house who knows how many vehicles a person could have at that point and if it gets sold
There's no enforcement mechanism whatsoever by my client to whomever they sell the property to.
We really tried our best to be respectful of neighbors' concerns.
The hardship is such that we have the layout of a building, which exists with two entrances, two stories, was previously a market.
It's no longer zoned to be a market.
We're keeping the quiet residential use that was proposed by the City Planning Commission and by, I imagine, Council and the Southwest Philadelphia District Services District as well.
Thank you.
Anyone else would like to testify in this case, please raise your hand.
No further hands at this time, Mr. Chair.
Thank you.
Planning Commission.
Thank you, Chair DeChico, Ian Hegarty for the Philadelphia City Planning Commission.
Members of the Board, the comprehensive plan recommends no change to the single-family
zoning at this location, however, the applicant's property is irregularly shaped.
and the proposed two family uses similar to documented previous uses one dwelling and one
store and so accordingly the city planning commission would recommend that the board
grant the variance
frank you're muted
sorry about that thank you mi 2020-002206 1370 south 46th street my vote is yes my vote is yes
my vote is yes my vote is yes my vote is yes my vote is yes thank you members of the board i'm
I'm sorry, I realized my camera got unplugged,
but I'm back.
Thank you.
Welcome back.
Members of the board, I'm sorry,
I wasn't here earlier with respect to another case
I had on today's list for 533 West Montgomery.
May I address it?
I believe that case was continued, if I'm not mistaken.
No, it was.
Yeah, it was continued.
I'm sorry.
Montgomery Avenue, continued.
Okay, members of the board,
just to provide some context for that matter.
I don't know, Ms. Tenera, do you need to announce that so we have that for the record?
MI 2020-002267, 533 Montgomery Avenue.
So members of the board, Leo Mulvihill again, M-U-L-V-I-H-I-L-L, 2424, oh, no, not anymore.
1441 East Oxford Street, Philadelphia, 19125.
I promise to tell the truth.
So with respect to this matter, members of the board, we were inclined to an RCO and that didn't work out.
um an RCO and that didn't work out I spoke with Mr. Folk in councilwoman's office we are being
reassigned to South Kensington community partners I'm currently scheduling a meeting with them
so we may have that reviewed by that RCO and then we hope to be back to present that project as well
I just wanted to ensure the board knew what was going on it's not a lack of diligence on our part
It's just a matter of dealing with some RCO politicking.
Thank you for clarifying that.
Thank you.
Thank you.
Number seven.
Calendar number.
Thank you.
Calendar number 0714, 2544 Montgomery Avenue.
Do you know hands for this, Mr. Chair?
So anyone here for 2544 Montgomery Avenue?
The owners are Vernon and Helen Jackson.
One more time, 2544 Montgomery Avenue, anyone present for this case?
has this case all have been continued previously it has been has been yes my vote is to all right
mi 2020-000714-2544 montgomery avenue my vote is to dismiss my vote is to dismiss dismiss dismiss
Dismiss.
Okay, we're at number nine, calendar number 1278-5247,
Frankfurt Avenue.
The attorney is Sean Ward.
The award has been promoted to panelist.
Mr. Ward, can you put your name and address on the record, please, and spell your last
name after you unmute yourself?
Good morning, Mr. Chair, members of the board, Sean Ward on behalf of the applicant.
uh i'm trying to get my uh start my video i know you all want to see my smiling face
the high school the high school picture you had up was too much name and address
that was actually my campaign photo for when i ran for district judge but
that was six years ago my god uh sean ward s-h-a-w-n-w-a-r-d attorney for the applicant
331 East Street Road, Trevos, PA, 19053.
Do you swear a firm to tell the whole truth and nothing but the truth?
I most certainly do.
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
And have you emailed the exhibit packet in with proof of ownership tax compliance,
a copy of the refusal and referral and or referral photos and or plans of the property five days in
advance of this hearing and have you met with the rco and do you have a letter yes yes yes and yes
you may proceed thank you very much uh uh members of the board i'm sharing my typical exhibit packet
which, as you'll see, is the exhibit list.
Let me blow this up.
I am here on behalf of Forum Realty Company, Inc.,
the owner of the property, as well as Gold-555, Inc., the tenant.
It's 5247 Frankfurt Avenue, and as Carol stated, calendar number 1278.
This is an application, it's basically the renewal of a temporary permit for a pawn shop as part of an existing jewelry store in an existing structure.
This property is located at basically Bridge and Pratt across the street from the Frankfurt Transportation Terminal.
It is a regulated use, not permitted in the district, and according to the renewal of our previously granted variance,
A2 is the application of appeal. A3 is the PIF, project information form. A4, proof of ownership. A5, tax clearance.
A-4, proof of ownership, A-5, tax clearance.
I would point out that the tax clearance attached to the exhibit packet
did not show the taxes clear for 2021, which are basically due today.
However, I did check that, and they have, in fact, been paid.
Additionally, we have photographs of the subject property,
a petition of support, an RCO letter from Frankford NAC.
I don't know if a letter of support has been submitted from the council office.
And quite frankly, I'm not sure if it's actually Squilla.
It might be Councilwoman Sanchez's office.
But if Sloan Folks is here, I'm sure he'll chime in.
As far as the relevant zoning history,
a zoning permit was granted on a five-year temporary basis in 2009.
Again, we came back in 2014, renewed that temporary permit.
The board was gracious enough to, again, grant a five-year temp.
Today, I would ask that we give them a permanent variance, but defer to the board on that.
A-12 is the zoning map, and A-13 is the aerial photograph.
So quickly, we have the application of appeal.
included the notice of refusal,
included the PIF,
my transmittal letter to Tanya,
confirmation of the zoning permit denial,
the zoning permit detail through Eclipse.
A copy of the deed was unavailable on Philodox
because, as you can see,
my client, I believe it or not,
has owned this property since 1928.
Amazing.
um copy of the lease here was the original uh revenue department detail indicating that the
taxes were paid through 2020 again they're due today they have been paid with regard to the
photographs of the property this is a pawn shop it's been operating successfully and without
incident since 2009 or 2010 at the subject location. Let me just use the cursor. You'll
see the rear of the property. As you can tell, my client takes pride in maintaining the property.
There's no trash. There's no debris. It's an extremely well-maintained property,
especially given its location at Frankfort and Bridge Street.
Inside the store, it's your typical retail outlet. They sell jewelry and other materials.
So this is looking from the front of the store to the rear.
Here's a picture looking from the rear to the front.
uh this is the office area that's my client enjoying a hot cup of coffee
this is the jewelry repair area inside the store these are the stores located to the right of the
subject property we've got a dollar discount store uh metro pcs uh wine and spirits etc
and then to the left you have a another wireless gadget repair churches a church's chicken
this is a view looking south on frankfurt avenue uh as you can see directly across the street is
the fractured transportation uh station northbound on frankfurt avenue uh this is a petition of
support signed by upwards of 55 or 56 persons, most of which are from the neighborhood and
are obviously recurring customers because they're the ones that come into the store.
I would point out that in 2009, a use permit was issued following a zoning board hearing
granting a five-year temporary permit for this site.
We came back in 2014 to renew, plus for direction of a flat wall sign.
That permit was also granted, subject to a five-year temporary permit.
This is the zoning map, as you can see.
It's in the heart of the Frankfurt Commercial District at Bridge and Pratt.
and then we have just for your uh own view an aerial photograph again this is the
frankfurt train station you know the frankfurt terminal we're located directly across the street
we're located directly across the street i would point out that here is the
i would point out that
proof that the taxes for 2021 perpaid
we sent out the notice of the meeting with the frankfurt knack on or about february 22nd
that notice went to well i'm sorry it included the notice of refusal
it included a copy of the zoning notice with the login instructions for this meeting
and it went to the addresses provided by the city planning commission
the frankfurt neighborhood advisory committee issued a letter on march 9th and i would point
out that nobody nobody attended that meeting other than the board of the frankfurt neck and
And I don't know why, but they decided to grant us a two-year temporary variance, despite
the fact that they supported the variance in the past without.
Here's their letter from 2014, indicating that there was one vote cast, one in support,
zero opposed, and they approved the variance since there was no opposition to the project.
And yet, at our recent meeting, there was no opposition, there was nobody present, nobody
attended.
And again, this is just the copy of the zoning board's decision, dated 2014, granting a
five-year temporary.
So at minimum, I would ask that the board grant an additional five-year temp.
However, given the fact that they've demonstrated that they are a good tenant and good operator,
Over the last 10 years, I think it's time that they be granted a permanent variance for this use,
as they've demonstrated that they're good citizens, good taxpayers, and just a good benefit to the community.
My client was unavailable for this hearing, but as an officer of the court,
I would ask the board to stipulate that if they were present, they would verify my testimony to the board,
as proven by the documentation provided
and that they would accept same
as their own testimony.
Well noted, thank you.
Is there questions from the board?
Anyone else would like to testify in this case?
If so, please raise your hand.
Chair Sloan, folks, has his hand raised.
I will allow him to speak.
Good morning again, Mr. Foulkes. Please identify yourself with the record. You're still on the road.
Good morning again, Chairman DiCicco and ZBA board.
Salome, folks. Office of Maria Quinones, Sanchez, room 508 City Hall.
The councilwoman has no opposition to this very request based on the letter that she received from the RCO and including their proviso request. Thank you.
And that proviso again was?