good morning
could you please state your name and spell for the court stenographer
uh yes my name is victoria chore last name chore c-h-h-o-r right do you swear or firm to tell the
truth the whole truth and nothing but the truth yes sir our vice chair has just a few questions
for you, okay? Okay. Ish? Yeah, I don't know what's going on here, but do you agree to waive
the reading of the refusal or stipulate to its accuracy?
Have you emailed
them all the required documents and exhibits
that is needed to proceed with this
case five days in advance of this hearing?
Thank you. Please proceed and share your screen.
You see where it says
share screen?
Let me see.
you're coming up okay okay please proceed and tell us what you want to do okay
um okay so this is the um there's a hearing to request the zoning for 595 adams avenue
My name is Victoria. I am the owner of the property. So this is the notice of refusal received. We would like to have a restaurant at this property. Here is the application for appeal.
the appeal is for the use of the existing property as a restaurant um the existing property
has a long-standing history of being a restaurant um since 1993 and this project aims to continue
to use that property for the same purpose uh the the use of the building as a restaurant is
compatible with the existing structure configuration and the layout and location are all suitable for
dining establishment. Therefore, no major modifications or renovations are needed to
convert the building into a restaurant. Do you have photos of it? Yes. Why don't you show your
photos uh here are the photos of the outside of the property as well as um inside
hillary do you have copies of the photos yes mr chair thank you thank you
okay and and um you went to the uh meeting with the rco
yeah i have the the letter letter i believe it's at the end right here
there it is there okay yeah and you agree to their provisos
yeah and you agree to their provisos yes okay all right um all right thank you questions from the
board no chair no questions chair questions from our attorney hillary emerson not at this time
mr chair questions or comments from the virtual audience
mr chair i do not see any hands raised at this time thank you planning commission thank you
chairman and good morning david fecto with the city planning commission that's f-e-c-t-e-a-u
do you swear or firm to tell the truth the whole truth and nothing but the truth
yes sir i do please proceed thank you sir chairman and board members the comprehensive
plan recommends no change to the residential single-family zoning at this location. This
property has a documented history as a bar and restaurant dating to at least the 1980s. The
City Planning Commission recommends the board grant the proposed use variance for a sit-down
restaurant. Thank you. MI 2023-005-775-595 Adams Avenue. I vote yes with proviso. No takeout
window. Hours of operation close by 11 p.m. LeBaron Leonard Palmer, my vote is yes for
Proviso. Ishmael Shahid, my vote is yes with Proviso. You have your votes. Thank you. Okay.
Okay, we're going to go back here to number two, MI2023-005-846-6150 Lebanon Avenue. Attorney by the name of Thompson, am I right, Hillary?
Yes, Mr. Chair, William Thompson is the attorney for this matter.
William Thompson, yep.
okay mr chair they have been promoted to panelists they will be rejoining shortly
thank you
Good morning, sir.
Morning.
Good morning.
Could you state your name, please, and spell for the court stenographer?
William F. Thompson, T-H-O-M-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Would you identify your client, the relationship to the property?
The client is Modern Living LLC.
see. The principal is Igor Andruska. Okay. Our vice chair has just a few questions for you, sir.
Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its
accuracy? Yes, sir. Have you emailed in all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing? I just got involved in this this
morning uh i heard what uh the chair said and i'm assuming that my client has submitted all those
exhibits but i'm unaware of it uh whether it actually happened so i heard it for the first
time i believe we received everything am i right yes yes mr thompson we received everything except
the rco letter which um your client just forwarded to us i do want to note for the record um it is
in opposition. The RCO is the Overbrook West Neighbors Incorporated. Yes, I saw the letter,
so I did see a copy of that this morning. Okay, so you can continue to proceed. Share your screen.
I'd like to hear the presentation. Okay. I don't see Mr. Andruska on here.
well we need do you have did he give you the documents to present that's what i said mr
chair i do not have the documents so i don't know i'm assuming he has them on his screen to share
because we have none yes and he's been promoted to panelists yes mr adresco you have been sworn
ALREADY, COULD YOU JUST PUT UP YOUR DOCUMENTS AND THEN LET YOUR COUNCIL
PROCEDE OFF TO DOCUMENTS?
I'M SORRY, MR. CHAIR, MR. ANDRISCO HASN'T BEEN PROMOTED TO PANELISTS
OKAY, THEY'LL BE REJOINING NOW.
okay hello sir could you put your documents up on the screen and then your attorney will present
HELLO?
off the documents okay yes i'll let me know if you're gonna see
those do you see those right now no we do not we see you
um well i'm opening those on my screen unfortunately are you on the phone yes i am
mr william you have all those documents i have sent it they're not they're not loaded here for
their purposes i believe if you open the email they can see it from your screen if you're on
your computer we're going to try to do that mr chair okay thank you
everybody
Council yes it seems to me that you know you've just been hired you haven't even
seen the documents yet I I think I would recommend we continue this case to you
Yeah. Yes, Mr. Chair. I think that's an excellent idea and I appreciate your suggestion.
All right. So I'll move for continuance.
All right. Thank you. So MI 2023, 005-846-6150 Lebanon Avenue. This case is continued. Mark
must be heard the next time. Thank you. Thank you. All right. Appreciate it. Thank you.
Number three, MI 2022-000-485-7137 Woodland Avenue.
Bernard Anastasio is the attorney for the owner.
This is a resumptive hearing.
he's coming back as a panelist okay
morning mr chair morning you've already been sworn could you just state your name for the record
sure it's verne anastasio uh representing pauline nguyen right so this is a resumptive hearing um
And I believe the first thing we want to do is open this up for the RCO.
Is there anyone from the RCO present?
Craig Melodosian has the hand raised.
I have a lot of you to speak, sir.
Great.
Good morning, Craig Melodosian, C-R-A-I-G-M-E-L-I-D-O-S.
I-A-N. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Please proceed, sir. Right. We've submitted, after protracted negotiations,
we've submitted a letter of support with Proviso. There were several critical issues
needed to satisfy one of the RCOs and the immediate near neighbors, and that was that
There would be no sales or rental of personal vehicles on the lot.
There had been a dispute over a period of time regarding the number of parking spaces on the lot.
Council clarified that by submitting a site plan that we referred to in our letter that demarks the number of spaces on the two different lots.
The parcel sits at the northeast corner of 72nd and Woodland Avenue along the commercial corridor.
It is settled in between RSA 5 on the north side and the PHA Paschal Homes on the south side.
So there had been some contention over the years between the neighbors, the residential neighbors and the commercial use.
This project actually started five years ago with a different MI number and a different attorney, and it was interrupted with COVID. We've resumed working with the Anastasio law firm. I think that significant good progress had been made with their management and the compliance of.
good progress had been made with their management and the compliance of the owner applicant on the
site. So we would, again, support it with Proviso. We hope that the issues that we raised as Proviso
are amenable with council and the board. Vern had set up a separate CBA, but we will leave that
aside. And I give it back to you. I did want to say one thing. It started five years ago,
So these cases are protracted and wanted to thank the board for their patience and working with us to be able to come to, I hope, will be a win-win resolution for both parties.
Thank you. Thank you for your comments.
Questions or comments from the virtual audience?
Mr. Chair, I do not see any further hands.
Planning Commission.
Thank you, Chairman, and good morning.
David Fecto with the City Planning Commission, Chairman and Board Members.
The comprehensive plan recommends no change to the industrial and residential mixed-use zoning at this location.
This property has a documented history as vehicle repair dating to 2008 and a history of auto sales dating to at least 1962.
Since this is a new zoning application, the appellant should bring their property as closely into conformance with the zoning code as they can.
So the City Planning Commission recommends that, given the history of this property, the board grant the use variants for vehicle sales and rental and personal vehicle repair, but with the condition that the property be required to comply with the landscaping and screening requirements in the zoning code.
The code allows either a landscaped buffer with trees and shrubs or a decorative masonry wall or decorative fence.
Thank you. Mr. Anastasio, would you want to have a comment on what you've heard so far?
Yeah, just that I agree. My client agrees to the provisos laid out by the RCO in their letter of support, which does run counter to the Planning Commission's recommendation that we be permitted sales and rental.
But we do think after years of negotiating and mitigating some issues and violations and all sorts of other things that what we have before you is is best for everyone.
So I'll stick with that.
OK, we're going to hold the vote on this so that our board member, Thomas Holloman, can review the video of the resumptive hearing.
We'll vote on this next Wednesday at 930.
Thank you very much.
Thank you.
Number five, MI 2022-005-442-3021 There Avenue.
Jermaine Harris is the attorney.
There is a recommendation of support from the Tasker Morris Neighborhood Association.
we were joining as a panelist okay
good morning mr chair morning uh mr harris could you state your name and spell it for the record
please uh yeah so my name is jermaine harris and i represent uh the applicant in this matter
ibrahim shai uh shaji who's the owner of the subject property 3021 bear avenue just for the
record could you spell your name oh i'm sorry jermaine harris j uh j-e-r-m-a-i-n-e h-a-r-r-i-s
right do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do our vice chair has just a few questions
good morning counsel do you agree to waive the reading of the refusal or stipulate to its accuracy
i do have you emailed in all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing everything has been submitted except
for the tax clearance. I spoke with my client this morning. He has a tax issue and he's supposed
to be meeting with the supervisor at the Philadelphia Revenue Department later on this
morning. But I wanted to appear rather than requesting a continuance because this case
has been continued about three times previously. I wanted to know if I would respectfully request
If I could make the presentation, but then the vote be held until a payment plan be issued with the city, my client believes that he'll be.
a payment plan be issued with the city.
My client believes that he'll be able to get a payment plan with the revenue department.
Well, let me ask the chair chair.
That's fine. Please proceed.
Please proceed.
Thank you.
so this is concerning uh 30 30 21 bear avenue and this is a request for this particular
building to be used as a as motor vehicle repair as well as sales now i have attached here uh
which you can see on the screen, the exhibit packet, which I submitted in advance.
And we have posting of the notice of today's hearing.
And here is what we're talking about.
This is a building.
This building was originally 3041 Vare Avenue, and it was recently subdivided 2040.
19, but 3041, there was a previous use of these particular uses that we are requesting
in this application.
However, once it was subdivided, it was discovered that when a new address was given for this
particular parcel that the it lost its use and it had to go through it has to
go through this process to get a use variance so again this is the front side
of the building this is the rear of the building this is the inside of the
building and this is the lot of uh the particular building and uh this is a small office space
within the building but hold on sorry i lost my exhibits
just bear with me
All right, let's get back track.
I don't know what happened to my exhibits here.
I just had them.
I'm trying to go back to them.
Yeah, I don't know what happened.
I'm sorry about that.
technical difficulties at any rate this is the site plan uh for the building
and this is the building itself again this was all one part of 3041 uh vera avenue but this is
uh the site it's a pretty large lot uh as to what it is and then we had a quite a while ago we had a
meeting with the community uh on this and we got a letter of support
which was dated February 17th of 2023 uh they had no problems with uh what was being proposed
by the applicant uh this was in front of degrees uh this was in front of the tasker mars neighborhood
association and what i have here is uh again this again was part of a larger property with 3041
and this is where there was a license for that particular property
And this is where there was a license for that particular property for the vehicle repair.
pretty
That was as of 2017.