our attorney, Hillary Emerson.
I'm here, Mr. Chair.
Yep, go ahead.
And our executive director, Tanya Suckman.
It's getting late in the day.
And Mr. Chair, sorry, I just want to note
for the record that LeBaron Leonard Palmer here is here still as well as their alternate board
member. Thank you. Yes. So we have also LeBaron Leonard Palmer here as well as an ultimate board
member with us this afternoon. Here's our virtual format. Please be advised the proceedings are
being recorded and the video will be available by contacting Tanya Sunke. Benefits of our
personographer and attorney and witnesses to the ID themselves before testifying and
participating by phone. If you wish to testify, press star nine. If you wish to unmute, press
star six. Enter apparent statements calls, please call 267-270-5548. Leave an email
or address
for the property in question.
on to the
continuances.
Number 6, MI-2023-001365-2108-2112
North 6th Street. This case is being
continue. Mr. Chair, the request in that case was for continuance attorney moving party?
Yes. Continuance attorney moving party. Thank you. Number eight, MI-2022-005973,
3200 Tysons Avenue. Do we have the attorney here on this case?
Who's the attorney, vice chair?
Tara Kayo.
Is Tara Kayo out there in the virtual audience?
I see no one by that day, chair.
Okay, so we're going to continue this case.
And then we also have another continuance,
MI-2022005968.
5524 pulaski avenue this case is being continued
mr chair would you like to mark pulaski avenue must be heard as was requested by
the parties who requested the continuing sure and thank you this case must be heard on the next time
that it comes up as well.
So we're going to go, we have no add-ons.
We're going to go to our regular list.
And it's going to be MI-2022-0016.
Excuse me, I'm sorry.
I think we have a couple of hands up
for additional continuances.
Okay. Chair, we have Vern Anastasio. They have been unmuted and allowed to speak.
they have been unmuted and allowed to speak
good afternoon council good evening mr chair
i wasn't sure i even had my hand raised i have a i do have a case listed i thought it would
thought it was listed for the two o'clock uh but i i do have a 6 30 rco uh it's it's virtual
So I'm just asking the board's indulgence that when you do start the regular list, if you would be so kind as consider calling me, you know, at the beginning of the list so that I'm not late for my 630 RCO.
Of course, there's nothing holding you to that.
You could tell me to just ask for a continuance, but I figured I'd ask.
Thank you.
All right.
I will leave that up to our board member, Jim Snells.
He will be taking over.
Thank you.
Sorry, Mr. Anastasio, is that case 10829 Academy Road?
Yes, it was listed on the calendar, at the ZBA calendar for 2.30, so I thought that was a typo and showed up at 2 for it, but apparently it's 3.30.
It's 3.30. That case is currently number three on our list. I just wanted to make sure Mr. Snell knew what case that was.
Understood. Thank you.
Thank you.
All right, Jim.
Sorry, Mr. Vice Chair, we have one more hand up for continuances.
Vice Chair, we have Joseph Consul with his hand up.
They have been unmuted and allowed to speak.
Good evening.
Good afternoon, Joseph.
Good afternoon.
uh which case are you are you calling in about uh council 56 52 windsor
56 okay number four all right we still wait and this is the third listing
yeah i'm assuming we must be heard we we uh got positive support from the rco but
non-support from the council person who is willing to meet with my client to discuss the
matter um and so my client would like a continuance okay mi-2022-007349 5652
this case is being continued
and it
be heard
thank you
okay is there anyone else
out there in a virtual audience
that needs to get a continuance
I see no hands vice chair
all right I will be
turning this over to
mr snails but i will still be on the line
just need to step away from my screen all right vice chair thank you
okay uh let's go to our regular list uh nope case number one mi-2022-001680
Malvern Avenue
let's see here
is there a
is there a
lawyer at all on this case
no Mr. Snell
this is a pro se
matter but Mr.
I did want to check do we want to take
Mr. Anastasio's case first
yeah I'm sorry about that
let's do
We'll get back to number one in a minute.
Let's do number three.
We'll help Vern out real quick.
Okay, here we go.
Is Vern on the ready?
I don't want to do the case unless he's ready.
He's coming back as a panelist now, Mr. Snow.
Okay, great.
Thank you, Mr. Snow.
No problem.
No problem at all, Vern.
All right. Let's do case number three. MI-2023-001537-10829 Academy Road. Vernon Anastasio is the attorney.
um uh let's see here um and and i do want to note this and i know uh hillary just mentioned this
uh we have uh lebaron leonard palmer from development services is uh it will be on the
is uh it will be on the case as an alternate as well um uh verne if you could identify yourself
case as an alternate as well um
Thank you.
your client and your client's relationship to the property yes sir my name is verne anastasio
2016 spruce i'm representing jackie isaac canova who is the owner of the subject property
okay great i know you've been sworn in today correct yes sir all right great all right at
At this time, board member Tom Holloman is going to ask you a couple of questions.
Good evening, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Yes, sir.
Did you email all the exhibits and documents as required five days in advance to this hearing?
Yes, sir.
Thank you.
Please proceed.
Thank you.
uh this is uh 10 829 academy road my client is trying to legalize a pre-existing non-conforming
three-family dwelling i've submitted under a separate uh email that i am going to also move
into evidence today uh two pieces of evidence one from redfin one from zillow the mll listing
listed the property either from Redfin, a five-family dwelling, and from Zillow as a
built-out triplex.
So the property, however, has only had a rental license for two units.
This is the property in question.
It is on a corner, and it is three stories, and this is the site plan.
This is floor number one. You go up to the front stairs. It's sort of split with the stairs.
On the right, it takes you up. And on the left, it takes you down into the laundry room, utility, and kitchen.
And we've got a bedroom and a living room. That's one full unit.
Empties out right into the rear of the property.
we've got our second floor which is a two-bedroom unit
and the third floor is identical as two-bedroom unit it has three electric meters
uh upon purchase it has three um um mailboxes there's the electric meters there's the mailboxes
when my client came upon this property, she's a young woman who believed that this was a legal
multifamily dwelling. And of course, Redfin and Zillow, Redfin had it listed as a five-family,
and of course, Zillow had it for the multi. This is the letter that went out to the neighbors,
and here are all the addresses that were mailed 79 individual households were mailed and we have
the tax cert in addition to the two listings that I submitted into evidence prior to this hearing
I also submitted two pages equaling 27 individual addresses on the same street all of which are
either two-family or three-family dwellings. 10, 835, 10, 837, and 10, 849 are all identified as
legal triplexes. In addition, 10, 855 is a legal triplex going for legalization. And then there
There are more than 22 family dwellings all on the same block.
It appears as all these homes, this is in the Northeast Philadelphia area of the city.
It appears that they were all built as multifamilies, whether they were built as duplexes and then
some converted or built as a mix.
They were all built for multifamily household living, and that's what we're dealing with
today.
We did go to the RCO.
My client has some English issues and there was a struggle accepting her as one of the very many multifamilies on the block.
So if I'd be lying if I said she got full support from the folks up there in the Northeast.
least, but I do believe the law and zoning is on her side here with the pre-existing
non-conforming use, a very long history of rental license being for at minimum two units
and all similarly situated homes on that block, either two and three family dwellings as such.
and because the ML listings both listed the property.
And because the ML listings both listed the property at a minimum of three units, we respectfully request the granting of the variance.
She plans to do nothing more than to keep it as it is and get a legitimate three unit rental license so that she can operate this under the code.
With that, I'd like Jackie to raise her virtual hand.
Is this your client, Burr?
Your client has been unmuted and allowed to speak.
Jackie is my client, yes.
Hi, good evening.
Hi, Jackie.
Could you state your name and spell your name for the court reporter?
Yes, it's Jackie Aishapunova, G-A-C-K-I-E, A-I-S-K-H-U-N-O-V-A.
Okay, thank you.
uh i'm gonna swear you in real quick uh do you agree uh to tell the truth the whole truth and
nothing but the truth yes i do okay great uh proceed thank you mr snell uh jackie did you
hear my presentation to the board this evening yes i did is it true and accurate to the best
of your knowledge yes it is and do you adopt it as your own testimony yes i do thank you i have
nothing further okay uh any any questions from the board no no them no jim okay okay uh any
questions from uh counsel uh hillary emerson um no questions mr snell but i i do want to note i
believe mr anasov you said the meeting was last night that's correct um that was okay so we we
just i i didn't see an rco letter yet and the meeting just happened so maybe we want to hold
for a week or two just to give the rco a chance to submit their letter um i mean unless someone
wants to testify in lieu of the letter uh this afternoon but just wanted to note that
i appreciate that i can stipulate um there was no support at least it wasn't support was not
the primary position of the group and and unfortunately there were some things said
that made me think that it had nothing necessarily to do with the zoning but maybe because my client
it doesn't look or sound or come from the same areas that many of these folks with the same
triplexes you know uh come from but nevertheless it is what it is philly you know we work with what
we have. Understood. Any questions from a virtual audience? Mr. Snell, we have a Mike
Bribzer. They have been unmuted and allowed to speak. Yes, can you hear me? I can hear
you, Mike. If you could first, could you state your name and spell your name for the court
reporter yes it's michael bremser b-r-e-m-s-e-r okay thank you uh you swear to tell the truth
i'm gonna swear you in real quick uh do you swear to tell the truth the whole truth and nothing but
the truth yes i do okay thank you please proceed yeah first i'd like to apologize for not sending
getting a letter to you as we just had the meeting last night sure uh also i i i don't