civus
Hearing video

ZBA Hearing - February 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 4, 20264h 28m

.

Similar wording

.

Similar wording

Good morning, everyone. The hearings will start momentarily.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

morning everyone my name is bill bergman and i will be chairing this meeting of the philadelphia

Similar wording

Zoning Board of Adjustment. With me is our Board Vice Chair, Tenetta Graham. Present, Mr. Chairman.

Similar wording

Board Secretary, Cheryl L. Gaston. Present, Mr. Chairman. Board Member, Michael Johns.

Similar wording

Present, Mr. Chairman. Board Member, Ty Wynn. Present, Mr. Chairman. And Board Member, Ryan McAdams.

Similar wording

Present, Mr. Chairman. Also, here is our Board Attorney, Hillary Emerson,

Similar wording

our Zoning Board Director, Ane Haggerty, and our Board Administrator, Lakeisha Dandy.

Similar wording

Recording of this hearing will be posted on the ZBA website.

Similar wording

By participating, you consent to be recorded.

Similar wording

This is an in-person meeting with remote capabilities.

Similar wording

Whether remote or in person, if you're called to speak, you must state and spell your name, then wait to be sworn in.

Similar wording

Once you've been sworn in, please state your name each time before beginning your testimony.

Similar wording

Any person may enter their appearance to become an interested party.

Similar wording

You can identify the case property address in your Zoom webinar.

Similar wording

You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

Similar wording

Call 267-270-5548.

Similar wording

Leave a message that includes your email address and the address of the property of the appeal case.

Similar wording

Filing guidance is for our remote attendees.

Similar wording

First, when directed by the chair, you must raise your hand, your virtual hand, in order to be recognized to speak.

Similar wording

Second, if you're called to testify, you'll be prompted to join as a panelist.

Similar wording

Please accept the request and turn on your camera.

Similar wording

Third, the webinar Q&A is for questions about the hearing.

Similar wording

Do not comment on cases in the Q&A.

Similar wording

And fourth, if you are participating by phone, press star 9 to raise your hand and star 6 to unmute.

Similar wording

For our in-person attendees, please refrain from talking, eating, or drinking during the hearings.

Similar wording

Verbal and physical aggression will not be tolerated.

Similar wording

Restrooms are across in the elevators.

Similar wording

A water fountain is just outside the room to the right.

Similar wording

When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and the court reporter.

Similar wording

In the event of an emergency, please follow the directions given over the public address system or by the staff.

Similar wording

The main exit is through the double doors at the rear.

Similar wording

The nearest stairwell is to the left outside the doors.

Similar wording

In case of an evacuation, the rally point is at Love Park directly across Hart Street.

Similar wording

Please remain there so we can account for you.

Similar wording

Let's look at our schedule for today.

Similar wording

Number one, MI 2025, 000479, 5236 Rising Sun Avenue.

Similar wording

This case is continued to 9.30 a.m. on 6-10-26.

Similar wording

Number eight, MI 2025, 000685, 11920 Waldemere Drive, Vern Anastasia.

Similar wording

11920 waldermere drive verne anastasio is the attorney and i saw also see the council

Similar wording

person's office in the audience

Similar wording

burn good morning mr chair this is jason handel will be your co-host for the session

Similar wording

mr anastasio has been about to speak good morning mr chair morning vern um uh alice is here from

Similar wording

the council person's office. So Vern, just for the record, state your name and spell for the

Similar wording

stenographer. Yeah, it's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Farouk El-Hadi,

Similar wording

the owner of 11920 Waldemere. You swear or affirm to tell the truth, the whole truth,

Similar wording

nothing but the truth? I do. Alice, could you please state your name and spell for the stenographer?

Similar wording

You can sit down. Why don't you sit down? I mean, I know you're going to be quick, but

Similar wording

why don't you sit down? Good morning, Chairman, members of the board. Alice Udovich, U-D-O-V-I-C-H.

Similar wording

on behalf of councilman brian o'neill you swear or firm to tell the truth the whole truth and

Similar wording

nothing but the truth i do alice why don't we start with you i would um on behalf of the

Similar wording

councilman respectfully request a short continuance in this case uh due to extenuating circumstances

Similar wording

that being the snowstorm the uh rco meeting was cancelled so we could make it short because

Similar wording

we're expecting it to be a short hearing verne i do have to object mr chair we've been trying

Similar wording

to meet with this rco for a long time however if this board has to do a continuance since there

Similar wording

was no meeting held i do ask that it be a 30-day continuance because of the snow okay so judge for

Similar wording

both of you i'm going to give it a normal date that we do and then what we'll do is we're going

Similar wording

to look to see how we can get it in quicker so this is continued to 6 10 26 at 9 30 a.m

Similar wording

but we will get back to both of you okay thank you thank you

Similar wording

This paper's sticking together here.

Similar wording

Number nine, MI 2025, 000686, 418 North Salford Street.

Similar wording

That case is continued to 61026 at 930 a.m.

Similar wording

And number 13, MI 2025-001-865, 1758 South Avondale Street at cases continue to 610-26 at 930 a.m.

Similar wording

Are there any other requests for continuances?

Similar wording

okay mr chair i have a hand up from jennifer bazitlo i will not them to speak oh that's right

Similar wording

uh hello good morning council good morning would you please state your name and spell for the

Similar wording

stenographer sure jennifer bazitlo b as in boy a is an apple z is in zebra y g is in david l is

Similar wording

larry o is an oscar do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do you have 6320 sackett street correct all right so that's a withdrawal though am i

Similar wording

it's going to be a withdrawal i was just asked to put it on the record um sure thank you so number

Similar wording

12 mi 2025 001 864 6320 sackett street that case has been withdrawn thank you sir all right we're

Similar wording

to go back to number five

Similar wording

mi2025 000 594 73 11 to 17 oxford avenue um we have no exhibits for this this is the second

Similar wording

listing ling chang and jan fine lin are the listed owners and the applicant is alicia walker is anyone

Similar wording

in the audience chair i do not see any hands raised for that matter this is second listing

Similar wording

we still don't have um our documents so mi 2025 0 0 5 9 4 73 11 to 17 oxford avenue

Similar wording

this i recommend to dismiss michael johns my vote is to dismiss

Similar wording

Cheryl Gaster, my vote is to dismiss.

Similar wording

Tanetta Graham, my vote is to dismiss.

Similar wording

McAdams, my vote is to dismiss.

Similar wording

Iowen, my vote is to dismiss.

Similar wording

Number 15, MI 2025-004525, 451 to 55 East Wyoming Avenue.

Similar wording

This is the first list and we have no exhibits.

Similar wording

Annabelle Ramirez Santos is the listed owner.

Similar wording

USA Remodeling Construction.

Similar wording

Chair, once again, I do not see any hands raised for that matter.

Similar wording

Chair, once again, I do not see any hands raised for that matter.

Similar wording

So this is the first listing. So MI 2025 004-525-451-55 East Wyoming Avenue. This case

Similar wording

is continued until 610. Somebody's here? Oh, come on up. Come on up. I'm sorry.

Similar wording

Why don't you sit next to the mic?

Similar wording

good morning so this is your first listing uh first of all state your name and spell for the

Similar wording

stenographer my name is my name my name is really castillo um i want to continue my case

Similar wording

okay sir can you can you just say and spell your name again please you can leave leave it on it'll

Similar wording

say on just leave it on you spell the name please for the stenographer um okay so do you

Similar wording

need a spanish interpreter for your hearing yes okay are you the owner of the property or are you

Similar wording

leasing, renting the property? He's leasing the property? Okay. All right. So are you leasing

Similar wording

the property individually or through a company? Okay. All right. So you can represent yourself,

Similar wording

but we will make a note that you need a spanish interpreter um we do not have any of the required

Similar wording

exhibits um for the case so we cannot hear it today we also did not know that you needed an

Similar wording

interpreter so we will make sure you have it we have an interpreter for you next time right so

Similar wording

mi2025-004-525-451 to 55 east wyoming avenue this case is continued to 6 10 26 at 9 30 a.m

Similar wording

Thank you, sir, for coming in.

Similar wording

Number 16.

Similar wording

MI 2025-004-643-6144 Van Dyke Street.

Similar wording

Alina Misnagat, Najin is the listed owner.

Similar wording

This is the first listing.

Similar wording

We have no exhibits.

Similar wording

chair i do not see any hands raised for that matter so so mi 2025 004 643 6144 van dyke

Similar wording

street this case is continued to 6 10 26 mark must be heard we're going to go to our add-on list

Similar wording

First, number one, MI 2025, 004-480, 100 East Wyoming Avenue, I vote yes.

Similar wording

Michael Johns, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Tanetta Graham, my vote is yes.

Similar wording

Ryan McAdams, my vote is yes.

Similar wording

Ty Owen, my vote is yes.

Similar wording

Number two, MI 2025-005-590-4814 Trinity Street, I vote yes.

Similar wording

Michael Johns, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Tanetta Graham, my vote is yes.

Similar wording

Ryan McAdams, my vote is yes.

Similar wording

Byowyn, my vote is yes.

Similar wording

So 6930 Ardley Street, Christina Kristall is the applicant.

Similar wording

This is a non-protunk hearing.

Similar wording

leonard reuter is here alan knockamson is here and uh

Similar wording

mr whalen are you representing the appellant in this case no i am represent sorry uh sean whalen

Similar wording

w-h-a-l-e-n i'm here on behalf of uh councilwoman cindy bass okay she is okay she she is not a party

Similar wording

to this case though uh she will be intervening in this case um but we can't even no we cannot

Similar wording

we cannot do that she has to file a separate appeal i understand the board's position but i

Similar wording

would like to make a record because i believe that it is incorrect and appealable and just

Similar wording

i know this is not a straightforward matter we do this why don't we we all worked out an agreement

Similar wording

so what was what agreement because there was no discussion why don't we do this why don't we do

Similar wording

this uh why don't i um leonard why don't you go first okay so uh i don't want to get your hopes

Similar wording

up too high we have we have let's wear people in okay give me a chance give me a chance spell your

Similar wording

name for this sorry thank you uh leonard reuter r-e-u-t-e-r right do you swear or affirm that

Similar wording

tell the truth the whole truth nothing but the truth i do mr knockamson you're a party to this

Similar wording

mr knockamson you're a party to this case uh yes i represent the property owner could you give me

Similar wording

case? Yes, I represent the property owner.

Similar wording

your name and alan knockamson a-l-a-n last name's knockamson n-o-c-h-u-m-s-o-n and hillary we should

Similar wording

probably swear in the applicant am i right correct right so why don't you you the app

Similar wording

okay could so christina christelle please

Similar wording

okay i'm sure sorry to interrupt but i also have a hand up from a richard creamer yeah

Similar wording

that's it why don't you let her one please understood

Similar wording

i promoted them they'll be coming back in shorter

Similar wording

good morning

Similar wording

mr creamer is your christina there uh christina is not there the appellate the

Similar wording

appeal was filed at al and i'm an equally interested party and she's asked me to speak

Similar wording

for the board to the board today no i'm sorry sir you you she filed the appeal in her name

Similar wording

we have been in communication with her she has to present the appeal is there no recognition

Similar wording

of the et al in the appeal filing the et al would need to be explicitly listed and in this case it

Similar wording

is not correct why don't is she there why don't we just not here otherwise she would be speaking

Similar wording

we'll have to continue the hearing then well no i would object to that i mean if she didn't show

Similar wording

up to the wait a minute wait wait wait um i started off by leonard could you comment here

Similar wording

first sure uh so just to get the main thing from our point of view the city's point of view out of

Similar wording

the way is um the city's not taking a position on sure the request for the non-proton because

Similar wording

that depends upon notice issues at the site that we don't have any independent knowledge okay in

Similar wording

terms of when it was suggested that there is an agreement i i just want to say that we we have

Similar wording

reached an agreement to make the make a request of the board which would be subject to the board

Similar wording

and the board's council which is to preserve i would and certainly the city would have no objection

Similar wording

TO PRESERVING THE ISSUE OF WHETHER OR NOT THE APPEAL A LATE APPEAL SHOULD PROCEED BUT NOT

Similar wording

NECESSARILY WE WOULDN'T REQUIRE THE BOARD TO MAKE A RULING ON THE NUNK PROTUNK AND THEN JUST

Similar wording

SIMPLY LIKE ROLL THAT INTO THE UNDERLYING CASE SO THAT WE CAN JUST HAVE WHAT AGAIN I SAID IT WAS

Similar wording

SUBJECT TO THE BOARD AND BOARDS COUNCIL THE IDEA BEING BECAUSE YOU KNOW IF THERE'S A RULING ON

Similar wording

THE NUNK PROTUNK AND THEN THAT GETS APPEALED AND THEN YOU KNOW WHO KNOWS IT COULD COME BACK

Similar wording

and then we're back here like a year or two years later on the underlying case we were just hoping

Similar wording

there might be a way to just simply just deal with everything at once and we haven't accepted

Similar wording

the appeal yet so we can't roll the non-protonk into the merits non-protonk is to determine

Similar wording

whether the board will even accept the appeal okay then then in that case um you know and

Similar wording

that's fine i totally respect that's why you know we weren't just saying we were doing this we were

Similar wording

asking the board if we could do that uh since it appears and i totally understand that we can't do

Similar wording

that um again we're not taking position on the non-proton but it does seem that you know if the

Similar wording

appellant's not here that the matter should be dismissed does it impact the board's decision

Similar wording

chair can i just i'm looking at the cover letter that's dated december 26th of 2025 that was

Similar wording

sent to the philadelphia zoning board of adjustment that's time stamp stamp december

Similar wording

29th, and

Similar wording

it states, this appeal

Similar wording

proceeds in the name of Christina

Similar wording

Christo, an affected neighbor.

Similar wording

That's on the cover.

Similar wording

So, I mean, there is... Well, that's why I stopped

Similar wording

up protesting. Yeah. Okay. So, do you have any other

Similar wording

comments? No? Okay.

Similar wording

I think we should continue it, right?

Similar wording

I think, in fairness,

Similar wording

the appellant, we should continue it because

Similar wording

she... We'll continue it for when the appellants

Similar wording

to be here. I just want to say, she

Similar wording

is not represented and did not

Similar wording

and did not understand her at all and all of that did not include other people i understand

Similar wording

thank you um would we make this a result of

Similar wording

okay all right no well so the i mean if the board gets to the merits of this case this is a frivolous

Similar wording

appeal well i'm not no that's that's okay but here's the thing we're going to continue i get

Similar wording

but my client is he's lacking funding right now because of this i cloud on his title to the

Similar wording

property we would ask first that the appeal get quashed on on for the reason alone this is a

Similar wording

that the appeal get quashed on on for the reason alone this is a petition on proton she's out of

Similar wording

Petition on Proton.

Similar wording

time we can't we're going to continue the case is continued um and and we will let the parties

Similar wording

know we will we will let the parties know of the the the next state okay thank you everybody i

Similar wording

appreciate it. All right. Okay. Let's go to number two. MI2025, 000484, 4240 Edgemont

Similar wording

street um holly joe harvey is the owner applicant um this is a pro se oh okay good morning

Similar wording

hi is your is it on the green light on and just pull a little closer to you if you don't mind

Similar wording

good yep um state your name is spelled for the stenographer holly joe harvey h-o-l-l-y space

Similar wording

j-o harvey h-a-r-v-e-y do you swear or affirm to tell the truth the whole truth and nothing but the

Similar wording

truth yes so this application is for use as a two-family household living within an existing

Similar wording

structure whereas the proposed use to fail in the household living is prohibited in the rsa

Similar wording

5 zoning district there's a letter of non-opposition from the bridesburg

Similar wording

um community action group and our um i'm sorry a letter of non-opposition yes of the community

Similar wording

action alliance and our vice chair has a few questions for you okay okay good morning um

Similar wording

have you submitted your documents and exhibits five days in advance of this hearing yes the

Similar wording

only thing that i just um received was yesterday but i did put it in the computer but i also have

Similar wording

a copy it's my tax compliance okay thank you and do you waive the reading letter refusal and

Similar wording

stipulate to its accuracy yes okay thank you you can begin your case so i have the we bought the

Similar wording

duplex in 2000 or the house in 2007 and it was already built into two floors when we bought it

Similar wording

and we had family living there for years and then we actually lived there for several years

Similar wording

and then to be honest I had no clue like what I had to do I mean I had family there so I didn't

Similar wording

know what all the rules were and what direction I had to go to and then recently when we moved out

Similar wording

I wanted to do the right thing and zone it correctly the way it should be okay

Similar wording

and what you want to move some of these um if you could maybe show us the the photos

Similar wording

I mean we have all the documents yes chair no problem

Similar wording

so one of you do you see the photo up there yes so why don't you tell us what we're looking at

Similar wording

so the um on the front door on the bottom that it would be the first floor and that was made

Similar wording

into an apartment and then the side steps and you have a yard on the back if you see the white fence

Similar wording

there's a yard that's connected with the first level he'll he'll open that up okay yes there's

Similar wording

a yard there and then those steps just go up to the second floor which is also built into an

Similar wording

apartment okay um and just tell us what we're looking at when we're we see it um this is the

Similar wording

this is the first floor this is the living room that's the kitchen on the first floor

Similar wording

and then that's just the hallway that leads to the bedrooms and the bathroom and there's a closet

Similar wording

there on the left that's the bathroom for the first floor that's one of the bedrooms there's

Similar wording

two bedrooms on the first floor that's still the same bedroom oh and then this is that's the this

Similar wording

is the second floor now this is one of the bedrooms for the second floor another bedroom

Similar wording

there's three bedrooms on the second floor and the bathroom is there on the right don't know if

Similar wording

there's a picture of the bathroom this is the living room on the second floor and that's the

Similar wording

front door right there that's still the living room and then that is the kitchen on the second floor

Similar wording

that's just the front of the house there goes our zoning signs right there

Similar wording

we have one there and then one on the side of the house on the rally

Similar wording

okay um how how long have you owned the property since 2007. okay questions from the board

Similar wording

yes are they completely separate right now in terms of utilities yeah well no the heat and the

Similar wording

air the heat and the air condition that has been separated we paid to get that separated

Similar wording

but I didn't know I want to do this first and then I guess I have to split the utilities okay

Similar wording

okay and then how many bedrooms are upstairs and how many are down there's three on the second

Similar wording

and then how many

Similar wording

floor and two on the bottom floor and then what's the living space because i saw the kitchen and we

Similar wording

saw the bedrooms but what's going on in terms of living or dining room um there's there's both

Similar wording

pictures up there they were yeah the living room on the first floor and living room on the second

Similar wording

floor they're up there that's the that's part there's two pictures of that that's part of the

Similar wording

living room and there's another one that shows the front door that's the second floor yeah there

Similar wording

you go it's a pretty big room okay and the the lower level tenant enters through the side yard

Similar wording

so they're going to go in no so they have a front door on the first floor oh yeah and then one

Similar wording

person second floor goes up the steps okay and then currently what's the plan for trash management

Similar wording

so the first floor we usually depending who was living there we usually have the sec the first

Similar wording

floor in the yard and then the the second floor has been using in that little corner space

Similar wording

and like where the steps kind of meet the um the white fence that's where we have for the

Similar wording

second floor but the first floor puts there has everything in the yard

Similar wording

other questions questions from our attorney hillary emerson um you said you had a copy of

Similar wording

your tax compliance okay all right thank you so just make sure um with the staff can make a copy

Similar wording

of that we'll add it to the file before you leave today questions should come send it but you did

Similar wording

send it I did it I send it on the exhibit file last night oh you did yesterday oh okay okay no

Similar wording

problem we'll make sure we have it we're having a lot of trouble getting it um I didn't know I

Similar wording

needed a tax id number in order to get it so i kept going online and it kept saying my information

Similar wording

was correct incorrect so finally i went down to the revenue yesterday and got it oh okay all right

Similar wording

well thank you for that yeah no problem questions or comments from the virtual audience

Similar wording

actually chair i have one more question did when you subdivide or when you sorry when you change

Similar wording

the heating closest thing from assuming it went from a furnace to the ducted to the mini split

Similar wording

system yeah so yeah so we so the the the actual duct system is for the second floor they have the

Similar wording

thermostat and then the first floor we did the split the splits yeah did they pull permits for

Similar wording

the splits i don't i'm not even sure to be honest that's my this is my husband joseph harvey hi

Similar wording

could you please state your name and spell for the stock last name last name's harvey also h-a-r-v-e-y

Similar wording

first name joseph do you swear or affirm to tell the truth told you with nothing but the truth

Similar wording

yes we have licensed contract that that did the work um i could get a copy of it and send it in

Similar wording

if that's if that's something i i think when you when you're approved you're going to have a

Similar wording

certificate of occupancy to be obtained and they'll come out okay okay okay great thank you appreciate

Similar wording

that questions or comments from the virtual audience chair i do not see any hands

Similar wording

planning commission thank you chairman and good morning david effecto f-e-c-t-e-a-u with the city

Similar wording

planning commission you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes sir i do thank you sir uh chairman and board members the comprehensive plan recommends no

Similar wording

change to the rsa 5 residential single family zoning at this location the city rezoned this

Similar wording

neighborhood in 1970 in a council supported map change the previous owner appears to have

Similar wording

converted the property into two dwelling units without the benefit of permits through no fault

Similar wording

of the current owners the city planning commission recommends that the board grant the proposed use

Similar wording

variance for two dwelling units mi2023 000 484 4240 edgemont street i vote yes with proviso

Similar wording

certificate vacancy to be obtained michael johns my vote is yes with proviso

Similar wording

cheryl gaston my vote is yes with proviso tenetta graham my vote is just with proviso

Similar wording

excuse me ryan mcadams my vote is yes with proviso my vote is yes with proviso

Similar wording

number 17 mi 2025 004 753 2232 fairmount avenue thank you thank you thank you thank you for

Similar wording

coming in. We appreciate it. There's a letter of non-opposition from Spring Garden Civic

Similar wording

and a letter of non-opposition from Council Member Young.

Similar wording

Council, could you please state your name and spell for the stenographer?

Similar wording

Yes. Good morning, Chairman Bergman and members of the board. Adam Laver, L.A. V.S. and Victor

Similar wording

er of blank room llp do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

yes mr

Similar wording

Yes, Mr. Chairman, I do.

Similar wording

Could you identify your client, their relationship to the property?

Similar wording

Certainly. Blank Rome represents A. Dikos LLC, D-I-A-K-O-S, A. Dikos LLC, the owner of the subject property and its sole principal,

Similar wording

Nicholas Kravartis, N-I-K-O-L-A-O-S-K-R-A-V-A-R-I-T-I-S.

Similar wording

Nick is here in the hearing room to my left.

Similar wording

Okay.

Similar wording

Our vice chair has a few questions.

Similar wording

Good morning, Madam Vice Chair.

Similar wording

Good morning.

Similar wording

Have you submitted your documents and exhibits five days in advance of this hearing?

Similar wording

Yes, Ms. Graham, we have.

Similar wording

And do you waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, ma'am.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

You can proceed with your case and share your screen.

Similar wording

Certainly.

Similar wording

Nick who's here with me today owns the long-standing venerable Zorba's restaurant

Similar wording

which is located immediately east of the subject property in the Fairmount neighborhood of our city

Similar wording

just trying to uh we just said the prison looks so nice in that picture there it's it does uh one

Similar wording

moment okay shameless plug that's my neighborhood i know i know that i wanted to do full screen

Similar wording

and there we go excellent um so uh nick is the owner of zorba's restaurant uh which is located

Similar wording

immediately east of the subject property as you're uh admiring the penitentiary uh the uh

Similar wording

which is really a amazing architectural and historical treasure the subject

Similar wording

property is in this rough that's not me we have a tech okay in this rough

Similar wording

location on the south side of Fairmount Avenue just down from the prison and

Similar wording

across from the large parking lot just just to give you that context the subject

Similar wording

property itself is uh housed a former chiropractor's office on the first floor and that's what we're

Similar wording

going to be talking about today the reuse of that space chiropractor nick just told me uh had been

Similar wording

there since 1998 he remembers because zorba's his restaurant had opened up around the same time

Similar wording

the subject property existing uh is the now vacant chiropractors space because nick has purchased

Similar wording

the whole property and an apartment above that professional space and again we're on fairmont

Similar wording

avenue just west of the prison as shown in the aerial photographs here you can see a little bit

Similar wording

better where the cursor is you can see the awning of zorba's restaurant and just to the right which

Similar wording

we'll get to in a moment is the subject property and the subject property in this aerial photograph

Similar wording

is outlined in red it only fronts on one city street it backs up to residential to the north

Similar wording

and we've worked closely I'm proud to say with all of the neighbors to address the natural

Similar wording

concerns, I would put it, that come up when you have mixed uses. Here you can see a photograph

Similar wording

of the subject property. One would walk in the turquoise door, and I'll show you interior

Similar wording

photograph, but walk in that door, make a left in the vestibule to get into the space that we

Similar wording

would like to discuss with you today, and head straight through another door and up secure

Similar wording

steps to get to the residential apartment above there's another view of the main entrance to 2232

Similar wording

and you can see once again streetscape the subject property to the right of the restaurant

Similar wording

another streetscape photo showing you a view standing alongside the

Similar wording

um a parking lot that's open to the public across fairmount avenue to the north looking south

Similar wording

towards the subject property and uh you can see that the subject property is located in the rm1

Similar wording

zoning district uh shown here in the purple outline and across the street is that full

Similar wording

city block public parking. The proposal calls to fit out the former chiropractor's office space

Similar wording

at the first floor for a takeout coffee shop, a dream of Nick's to have a sort of a taste of

Similar wording

a sort of a taste of the casualness the neighborhood nature of back home in greece this is not zorba's

Similar wording

the casualness, the neighborhood nature of back home.

Similar wording

restaurant zorba's restaurant is successful and existing and beloved this is in addition

Similar wording

it's separate and distinct although it's right there it's easy for nick and it makes sense

Similar wording

because he has the restaurant there and nick and his wife melania who's also a local entrepreneur

Similar wording

or live just two blocks down on Fairmount Avenue.

Similar wording

So many people in the neighborhood,

Similar wording

and even a couple of the letters

Similar wording

that were just submitted to the board only this morning,

Similar wording

and thank you, Ian, for scanning them,

Similar wording

speak of people remembering Nick as a teenager

Similar wording

and being such a presence in the neighborhood.

Similar wording

But the coffee shop itself would feature Greek specialties,

Similar wording

dark roasted coffee, spinach pie, pastries, et cetera,

Similar wording

to compliment but not compete

Similar wording

with the full service restaurant next door.

Similar wording

As you can tell, and you may know, Zorba's is a family-owned business with these deep

Similar wording

Fairmount roots. The notice of refusal is before you. There is one-use refusal. Variance relief is

Similar wording

required as the property has long been configured for commercial use at the first floor, but the

Similar wording

takeout restaurant use is prohibited and we would submit that this existing configuration

Similar wording

and the long nature of the commercial use speak to variance relief being granted this is part

Similar wording

of the fairmount avenue commercial corridor which is specifically noted in the letter of

Similar wording

non-opposition from the coordinating rco it serves nearby residential which is also noted

Similar wording

in the coordinating rco's letter of non-opposition here you can see some interior photographs so

Similar wording

again i had described the vestibule this is walking into the left through an open door into

Similar wording

that is not the chiropractor's office that's one of nick's office managers doing a little bit of

Similar wording

paperwork and what had formerly been the receptionist area in the chiropractor's office

Similar wording

here you have another view of what that setup looks like and nick has already started to explore

Similar wording

the potential beyond that space as you're heading south if you will towards the rear of the property

Similar wording

of what the potential business might look like side note the subject property

Similar wording

is located in a historic district and under the zoning code as we know there is encouragement

Similar wording

to adaptively reuse existing historic properties this would qualify however it falls just short

Similar wording

of the 2500 square foot requirement for past commercial use if we had been above that we

Similar wording

would not be taking up the board's time but we're happy to present this proposal uh here's another

Similar wording

photograph of that back space and um maybe i should zoom in a little bit here because this is

Similar wording

a all-important floor plan and uh the basement itself is just storage that's the pink utilities

Similar wording

But the first floor plan, I think, shows board members what you may be interested to know.

Similar wording

So in the lower right-hand corner, you can see the entry vestibule that I had described,

Similar wording

and really is just as it has always been.

Similar wording

The cafe, the public portion of the cafe in Tann with very little seating.

Similar wording

This is a place in sort of the European tradition to stand up and have a coffee and talk and walk the dog, et cetera.

Similar wording

it is not a place for lots of people to sit down it's it's casual uh neighborhood oriented and then

Similar wording

the green is the area where behind the counter where employees would be and then the blue in

Similar wording

the back is the kitchen uh etc so it's a um it's a compact space but one that would work very well

Similar wording

for for this use the project has been reviewed by count um by the district council member

Similar wording

uh and uh also by the coordinating rco as i've said operations proposed seven days per week

Similar wording

7 a.m to 10 p.m in consultation with neighbors because this is a mixed use community

Similar wording

It is balancing the neighbor who is up early and wants to walk their dog and needs their coffee, but also the one who wants to sleep a little bit later.

Similar wording

Commercial trash pickup, just as has always been the case for the commercial operators along Fairmount Avenue, but with some very defined.

Similar wording

operators along fairmount avenue but with some very defined strictures in place storage of trash

Similar wording

out of the public view in sealed pest-free containers with restricted hours on pickup

Similar wording

through a community benefits agreement that is more extensive than what i'm mentioning to the board

Similar wording

there are good neighbor commitments in place for example although we don't anticipate heavy cooking

Similar wording

because that's in the restaurant next door, there is a new exhaust system proposed with venting

Similar wording

through the roof. The menu itself is very much as I had described, the Greek delicacies,

Similar wording

the special coffees, spinach pies, and special sweets, some easily takeout types of egg sandwiches

Similar wording

that are particular to the Greek culture.

Similar wording

I can come back to this if members are more interested.

Similar wording

And here is Council Member Young's letter of non-opposition,

Similar wording

the coordinating RCO's letter of non-opposition,

Similar wording

noting that the commercial first floor was previously owned

Similar wording

and occupied by the chiropractor, housing his practice for many years.

Similar wording

and in relevant part noting quote we believe that the proposed greek bakery and coffee business will

Similar wording

be an asset for the neighborhood and for the fairmont avenue commercial corridor

Similar wording

end quote quote the proposed use will not result in adverse effects for nearby residents or the

Similar wording

community and in addition we have shared only just a few minutes ago some nearby neighbor letters of

Similar wording

support that are more specific that i won't get into in the interest of time mr chairman and

Similar wording

members of the board the authorization of variance relief will not alter the character of the

Similar wording

neighborhood or district or be detrimental to the public welfare the proposal fits into the

Similar wording

surrounding area uh in the interest of time nick is here to adopt and affirm and we're

Similar wording

happy to answer any questions could you please state your name and spell for the stenographer

Similar wording

Nikolaos Kravartis, N-I-K-O-L-A-O-S, K-R-A-V-V-A-R-I-T-I-S.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Counsel?

Similar wording

Good morning, Nick.

Similar wording

You've been present for the entirety of this hearing before the Philadelphia Zoning Board of Adjustment.

Similar wording

Would you adopt and affirm the testimony that I've offered as your own?

Similar wording

Yes.

Similar wording

Thank you, sir.

Similar wording

Questions from the board?

Similar wording

Yes, I have a question.

Similar wording

You mentioned that the trash will be stored in bins out of sight.

Similar wording

Will that be in the rear yard?

Similar wording

It's proposed, Mr. Johns, with community input in the alley out of the public eye in very specific plastic bins with wheels and only to be taken out at hours that are really when people would not be sleeping normally.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Are there any plans to take down the fence between the two properties and combine the backyards or use the backyards as a shared space?

Similar wording

There are not. And per the request of the coordinating RCO, we have agreed that should that what I've just said change, that we would have to meet with them and have their consent not to be unreasonably withheld, etc.

Similar wording

And then is the plan to manage the the upstairs property yourself?

Similar wording

The upstairs property? The apartment.

Similar wording

Self-managing is my understanding, Nick. Yes, yes, yes.

Similar wording

Just for clarity for me. So this is a separate business.

Similar wording

This is not an extension of your business currently.

Similar wording

Separate, yes. So we'll have a separate name and just be a separate entity.

Similar wording

yes okay thank you other questions yes question and it's not so much about but this is

Similar wording

spring garden was the civic association not fairmount civic yes uh although fairmount civic

Similar wording

is an rco that could have weighed in and uh but but the district council member selected

Similar wording

Spring Garden Civic Association as the coordinator. Fairmont Avenue. Wow. I'm not going to opine,

Similar wording

and I'm quite sure we're grateful for the involvement and the input of any civic that

Similar wording

is interested. I believe that Spring Garden Civic is participating virtually as we speak.

Similar wording

All right. Okay. And no disrespect to Spring Garden Civic, just saying where this is located

Similar wording

I'm a little surprised at that. So my other thing is, now you said that there's going to be very

Similar wording

limited seating here. So is the plan to

Similar wording

seating here so is the plan to at some point have outdoor seating like they have at Zorba's

Similar wording

there's no plan for that right now Ms Gaston um it really is as I hope I had tried to describe

Similar wording

that that neighbors walk in they might see somebody that they know and then they go out

Similar wording

with their dog or if they're not a dog person they go out for their stroll along the the drive

Similar wording

things like that but this is this is a different type of establishment in that way okay and then

Similar wording

the agreement you have about the trash that's all to make sure that with all this strolling

Similar wording

we don't stroll and yeah it's it's it's real I didn't want to take up the board's time I'm happy

Similar wording

to get into it should you wish but it's a very tight agreement uh i've worked and probably many

Similar wording

board members know pat freeland uh with spring garden civic association pat pat drafts some some

Similar wording

of the tightest agreements that i've that i've ever seen to the credit of the community and the

Similar wording

organization okay all right thank you other questions questions for our attorney um not so

Similar wording

much a question just a comment since there's still going to be the apartment

Similar wording

above the board may want to consider a proviso just indicating that other

Similar wording

previously approved uses to remain since it the refusal didn't really have that

Similar wording

and just kind of just said take out I appreciate council's comment thank you

Similar wording

questions or comments from the virtual audience or the current audience here

Similar wording

Sure. I have a hand up for my Justino Navarro.

Similar wording

Sure. Spring Garden Civic Association.

Similar wording

Move them right now.

Similar wording

Good morning. Morning, sir. Could you please state your name and spell

Similar wording

for the stenographer? Yes. Excuse me. My name is Justino Navarro,

Similar wording

J-U-S-C-I-N-O

Similar wording

N-A-V-A-R-R-O

Similar wording

Alright, do you swear or affirm to tell the truth

Similar wording

the whole truth, nothing but the truth?

Similar wording

I do. Please proceed.

Similar wording

Thank you members of the board and Mr. Chair

Similar wording

Mr. Chairman, I'm in

Similar wording

I am in representation of the Spring Garden Civic

Similar wording

Association and the Zoning Committee

Similar wording

and for clarification purposes

Similar wording

and the benefit of the board, I'd like to

Similar wording

clarify that the block on which this

Similar wording

restaurant is located has

Similar wording

been in the geographic boundaries

Similar wording

of the Spring Garden Civic Association since its foundation in 1960.

Similar wording

In fact, the boundaries of the Civic Association go from Broad Street,

Similar wording

the west side of Broad Street, to Pennsylvania Avenue,

Similar wording

and from Fairmont Avenue to Spring Garden Street.

Similar wording

And it's also part of the Spring Garden Historic District,

Similar wording

a historic district recognized by the City of Philadelphia Historical Commission

Similar wording

for clarification purposes.

Similar wording

We were designated as the Coordinated RCO by the Councilman's Office,

Similar wording

and we appreciate that uh as is customary but i wanted to commend uh the counts count the uh

Similar wording

board the council uh adam neighbor and also mr gravaritis because we've entered into discussions

Similar wording

with neighbors that are right behind the property and uh they had some concerns and issues regarding

Similar wording

the operation of the proposed operation of this bakery and even of the zorba's restaurant and

Similar wording

to the property owner's credit and service owner credit we entered into a cba on both properties

Similar wording

2232 and 2228 and 2230 uh famine avenue and as council indicated it's a very um specific uh cba

Similar wording

that guards the interests of neighbors but also is intended to incent the expansion and viable use

Similar wording

and ensure that the property owner at Zorba's and the bakery thrives on the Ferman Avenue commercial corridor.

Similar wording

So, having said that, I would encourage the board to approve the application as submitted

Similar wording

to ensure the continued development of Ferman Avenue as a very vibrant commercial corridor.

Similar wording

Thank you, Mr. Chair.

Similar wording

Thank you for calling in. We appreciate it.

Similar wording

Anyone else in the virtual audience?

Similar wording

I do not see any hands with the chair any commission

Similar wording

good morning chairman and board members David Fecto with the city planning commission

Similar wording

chairman the comprehensive plan recommends no change to the RM1 residential multi-family

Similar wording

zoning at this location the city rezoned this neighborhood in 1974 and a council supported

Similar wording

map change this property has a documented history as ground floor commercial with residential use

Similar wording

above the city planning commission recommends that the board grant the proposed use variants

Similar wording

for a takeout restaurant thank you mi2025 004 753 22

Similar wording

Thank you. MI-2025-004-753-2232 Fairmount Avenue, I vote yes with proviso. All previously approvals to remain.

Similar wording

Michael Johns, my vote is yes with provisos.

Similar wording

Cheryl Gaston, my vote is yes with provisos.

Similar wording

Teneda Graham, my vote is yes with provisos.

Similar wording

Vivian McAdams, my vote is yes with proviso.

Similar wording

Iowan, nice and phono, which is me saying yes with provisos.

Similar wording

thank you mr chairman and members of the board you do have a great place by the way when i drive

Similar wording

when i drive by there and i see people sitting outside it looks so relaxing

Similar wording

okay um mi 2025 000 486 35 22 to 24 north a street nicole span

Similar wording

applicant three

Similar wording

oh good morning good morning um could you please state your name and spell for the stenographer

Similar wording

nicole span that's n-i-c-o-l-e span s-p is in paul a-n-n right do you swear or firmly tell

Similar wording

the truth told truth nothing but the truth are you going to use your computer or somebody's

Similar wording

doing it for you i didn't use my computer look she's going to use hers right

Similar wording

how do i do that though

Similar wording

thank you

Similar wording

why don't we do this why don't you what why don't we take you back there we'll get you straight

Similar wording

and then we'll come back and um let me jump around here a minute I'm going to go to number 11

Similar wording

MI-2025-001-863-1503-Crestwood Road.

Similar wording

Vernon Anastasio is the attorney.

Similar wording

I'll be coming back in as a pen of a short one, Mr. Chair.

Similar wording

Yeah, I just, yeah, I'll do 10-11 together, right?

Similar wording

i just wanted to make sure that i isolated was sitting there and i got this one we'll have

Similar wording

nobody left what we're done yep

Similar wording

is that why are we doing 10 11 together

Similar wording

okay so yeah so just a one yeah yeah i'm a little nervous there

Similar wording

burn yes sir uh burn you've already been sworn um um could you um state your name for the record

Similar wording

yep it's verna anastasio on behalf of claudia shooty the owner all right thank you our vice

Similar wording

Chair has a few questions for you. Thank you. Good morning. Morning. Have you submitted your

Similar wording

documents and exhibits five days in advance of this hearing? I have. And do you waive the reading

Similar wording

of the refusal and stipulate to its accuracy? I do. Okay, thank you. You can share your screen

Similar wording

and proceed with your case. Thanks. Mr. Chair, members of the board, we're here for this shed

Similar wording

here. My client started to build it thinking that they could do that by right, but he learned

Similar wording

subsequently that a shed of that size could only be, I'm going to pull that up, 130 square

Similar wording

feet. The shed as proposed and it's only because of the overhang. It's 379 square feet. It's being

Similar wording

used to house, you know, it's a pretty large property being used to house gardening equipment

Similar wording

and outdoor furniture. And the nearest home is literally 60 feet from the shed. So it's

Similar wording

It's not a bother to anyone, which is why it enjoyed overwhelming double-digit support with absolutely no one attending the RCO meeting in opposition, which is why the RCO sent a letter.

Similar wording

And which is why the RCO sent a letter of support, why the council office was also generous enough to send a letter of support.

Similar wording

And I believe you'll hear testimony today, not only from the council member O'Neill's office, but also Jack O'Hara of the greater busselton.

Similar wording

He's also present today to express overwhelming support for this, for the shed.

Similar wording

There were violations so that my client then went into action and tried to legalize.

Similar wording

And that's why we're here.

Similar wording

It took us some time to get here.

Similar wording

But, of course, this is an unfinished product.

Similar wording

But that's the shed.

Similar wording

These are the photos of it.

Similar wording

As you can see, it's a very large property.

Similar wording

it doesn't impact

Similar wording

adversely anyone at all

Similar wording

and

Similar wording

in fact many neighbors

Similar wording

expressed an interest in

Similar wording

getting bigger sheds themselves

Similar wording

just some

Similar wording

interior workmanship

Similar wording

shots that we have here for you

Similar wording

Byrne, do you have the letter of opposition?

Similar wording

There is no opposition that I know of.

Similar wording

Do you have a letter of opposition, Mr. Chair?

Similar wording

We do.

Similar wording

We have a letter of opposition from the adjacent neighbor.

Similar wording

Yeah, well, I'm just telling you, that's all.

Similar wording

I didn't know that there was a letter.

Similar wording

The adjacent neighbor has, you know, even those good fences make good neighbors.

Similar wording

there is some sort of history there

Similar wording

that has really nothing

Similar wording

to do with this shed

Similar wording

the neighbor was mailed

Similar wording

and here's your proof of mailing here I have

Similar wording

they were no show at the RCO meeting

Similar wording

but there was

Similar wording

significant

Similar wording

attendance

Similar wording

and they all voted in support

Similar wording

as this letter shows here

Similar wording

We've got nearly 30 people voting to support and 14 to oppose, no opposition.

Similar wording

And, you know, the dimensional variance, as far as I'm concerned, it really is negligible.

Similar wording

And the only reason why they count some of that is because of the overhang.

Similar wording

So, you know, because this doesn't impact adversely anyone, and because, you know, the nearest home is literally 60 feet away, and because of the overwhelming support by the RCO, the Greater Busselton, and the Council Office respectfully requesting the granting of the variance.

Similar wording

With that, I'd like Claudia Schutte to raise her virtual hand and be recognized.

Similar wording

Thank you.

Similar wording

Claudia there should be coming back in as a panel. Thank you.

Similar wording

Here's the shed for the on the site plan to give you a better understanding. And here is the elevation.

Similar wording

showing the shed itself and then the open

Similar wording

area there just so they could have some furnishing out there

Similar wording

to sit underneath and not bake

Similar wording

just talking literally a couple hundred square feet difference

Similar wording

do we see claudia i'm here mr chair okay good good i could you please turn on your video

Similar wording

um yes if i can figure out how yes okay sure all right hi good morning could you please state your

Similar wording

name and spell for the stenographer my name is claudia schuti k-l-a-u-d-i-a-s-h-u-t-i do you

Similar wording

swear or affirm to tell the truth the whole truth and nothing but the truth i swear counsel thank

Similar wording

you claudia did you hear my presentation to the board today yes true and accurate to the best of

Similar wording

your knowledge yes adopted as your own testimony yes thank you questions from the board

Similar wording

what's the oh go ahead no go ahead go ahead what's the difference between the allowed um square footage

Similar wording

What's the difference between the allowed square footage and the proposed square footage?

Similar wording

I'll bring that back up for you.

Similar wording

I did go by that pretty fast, so I'll bring it back up for you.

Similar wording

130 versus 379.

Similar wording

130 versus 379 so it's like twice the size of what's allowed right like three times it's almost

Similar wording

three times yeah because of the overhang because the image that overhang is what they're counting

Similar wording

unfortunately but it's open i mean it's not i don't know if you look at i don't know what you

Similar wording

mean by the overhang because i think of the overhang are you talking about everything that's

Similar wording

that's outside the outside space and not covered by the i'll show you in the plan again hold on okay

Similar wording

also either hillary or council can we confirm are we only talking about what you are referring to

Similar wording

as the shed that has an indoor enclosed in a non-enclosed space are we also talking about

Similar wording

the shed as well as the existing patio and the overhang over the existing patio that's attached

Similar wording

to the house no we're talking the total proposed cover area of this structure is 379 square feet

Similar wording

I understand I can read that Vern I'm asking because the way the refusal is written I would

Similar wording

assume that the description of it was about the attached overhang for the patio that is adjacent

Similar wording

to the house that you also showed and I just wanted to be clear oh okay considering both of

Similar wording

these or is it just one of them it'll direct my line of question right so it appears and and verne

Similar wording

please let me know if i don't have this correct but it appears so that there's there's a a covered

Similar wording

patio that's being added to the existing structure and then um and then in addition which is also an

Similar wording

over overhang um to a detached accessory structure and they're looking at the detached accessory

Similar wording

structure plus that overhang that is giving the total square footage it does not include the rear

Similar wording

roof covered patio attached to the home is that correct the the rear roof covered patio

Similar wording

attached to the existing structure is a by right thing uh the only the only issue uh with regard

Similar wording

to the refusal for zoning is that independent shed with its own overhang and that whole covered area

Similar wording

that i showed you in on the plan that is that is the subject of the refusal and it's why we're

Similar wording

here it's that's the 379. the the patio area is a by right situation and that i understood i was

Similar wording

just i'm reading the description as written and it was confusing so thanks yeah my client did that

Similar wording

pro se i wouldn't have put that in there because it's two separate things but nevertheless that

Similar wording

that's the answer to that question you know yes and so so i'm reading the the letter that the

Similar wording

adjacent neighbor wrote and i can understand the concern uh they talk about they worry about

Similar wording

rainwater and erosion and when i look at the design and shape of this roof the water is going to shed

Similar wording

onto his property. There's no doubt. There's no doubt. Part of that roof is pitching towards

Similar wording

his, to their neighbor's property. So that is going to happen.

Similar wording

Well, there is a space between both properties as well.

Similar wording

It's not much. If I'm looking at the pictures and it looks like it's maybe about a foot

Similar wording

or so, Twitter is going to run off the edge of the roof into their property. It just is.

Similar wording

and if that thing catches on fire there's no fire separation distance between you know their

Similar wording

property and this this shed his home is 60 feet from this shed well but his shed is right next to

Similar wording

it it's not far yeah you understand what i'm saying it could also not far so also it's an

Similar wording

unfinished structure so there's there's no reason why there can't be sort of uh uh stormwater sort

Similar wording

of uh direction uh with you know which would be pretty i think pretty common mr johns right if

Similar wording

that were done yeah well depending on the size of the roof yeah um but doesn't necessarily have

Similar wording

well that's that's also part of the rco's recommendation and we would and that's what

Similar wording

we would you know that was what uh the presentation was at the rco meeting that yeah but i think the

Similar wording

larger issue is that this was done without permits and review right all of the things that we're

Similar wording

talking about are possible and go through a pretty strong review from both the water

Similar wording

strong review from both the water department and the planning department to ensure that all of

Similar wording

department and the planning department to ensure that all of

Similar wording

these things happen i think the amount of construction and the type of construction

Similar wording

that was done negates and this is why these issues are coming up at this point um you know to do this

Similar wording

correctly the whole thing would mostly need to come down and start over so i just that's our

Similar wording

plan i mean after we get the zoning we're going to have to go through the uh you know the the

Similar wording

retroactive building permit phase my client thought he could just do it you know which

Similar wording

is unfortunate but that's that's the fact i guess a clarifying question i have is it looks like the

Similar wording

current accessory structure shed that this was built over it and that there's like according

Similar wording

to the the plans it looks like there's an attempt or a desire to make it bigger

Similar wording

correct okay so is the existing shed gonna get torn down because the renderings don't

Similar wording

match right why don't we why don't i have my client come back on so she can talk about the

Similar wording

detail mishuti we're her husband yeah my husband's here with me he will kind of explain he'll need

Similar wording

he'll need to be sworn in all right okay hi sir could you please state your name and spell for

Similar wording

the stenographer hi my name is gentian rustemi g-e-n-t-i-a-n-r-u-s-t-e-m-i do you swear or

Similar wording

firm to tell the truth, the whole truth, nothing but the truth.

Similar wording

I swear. Please proceed.

Similar wording

Thank you. Sir, can you

Similar wording

explain the structure

Similar wording

that's the shed itself,

Similar wording

the plastic shed, is that being,

Similar wording

is it proposed that it's, that

Similar wording

actual shed itself

Similar wording

would be expanded, or

Similar wording

will it remain as is?

Similar wording

So the shed

Similar wording

is going to stay like it is.

Similar wording

But I hate your shadow.

Similar wording

Okay.

Similar wording

So I'm sorry, we're just not

Similar wording

really understanding so you're talking about the existing shed are you talking about are we going

Similar wording

to to take that existing shed out and make sure one the chair yes the board member asked if this

Similar wording

shed is being taken out oh yeah we are going to take this out the old shed it is the old shed

Similar wording

okay and you're going to be putting in something a little larger is that right

Similar wording

it's not it is almost it's already from from the wood that is on the middle

Similar wording

And on the right side, yep.

Similar wording

Okay, so it'll be about that.

Similar wording

That will be the new space of the shed.

Similar wording

Understood.

Similar wording

Thank you.

Similar wording

Say that again, Rerm.

Similar wording

Yeah, okay.

Similar wording

The size of the shed will be, in fact, larger than the old existing.

Similar wording

It won't go bigger than the 379 that we have.

Similar wording

No, it's going to be 379 total.

Similar wording

379 is all of this here.

Similar wording

actual shed itself will end about here okay where my cursor is and that is reflected on the plan

Similar wording

okay any other questions questions from our attorney hillary emerson

Similar wording

not at this time mr chair can i i'd like to call mr john o'hara jack o'hara if i may

Similar wording

burn burn yep the council person's office is sitting here now i am here so what i'll do is

Similar wording

i'll go to alice then we'll yeah yeah i'm okay alice just state your name alice alice judevich

Similar wording

on behalf of councilman brian o'neill the councilman has no objection to the granting

Similar wording

of the variances at this location thank you very much questions or comments from the virtual audience

Similar wording

yes i have a handle from david rodriguez i will allow them to speak sure mortem

Similar wording

please accept the promotion to panelists sure thank you

Similar wording

all right sure they've been allowed to speak sure sir hello uh thank you

Similar wording

please could you please state your name and spell for the stenographer sure my name is

Similar wording

david rodriguez r-o-d-r-i-g-u-e-z right do you swear or affirm to tell the truth the whole truth

Similar wording

nothing but the truth yes rodriguez do you have could you put on your video okay just bear with

Similar wording

me here i'll have to promote you sir i'm sorry please accept the promotion okay

Similar wording

and uh i can't see my camera for me join as a panelist or stay as an attendee you have to

Similar wording

join as a panelist okay okay they'll be coming back in sir all right thank you okay all right

Similar wording

can you see me we can now sir yep okay thank you so much all right um um are you a neighbor

Similar wording

yes i am i am uh actually i am the neighbor to to uh to the to the left if i'm looking at the uh

Similar wording

at my backyard, which is where he has his construction.

Similar wording

at my backyard which is where he has his construction so i wouldn't do his life or

Similar wording

So I would be to his left, or should I say to the west of the property.

Similar wording

Why don't you proceed with your testimony?

Similar wording

Thank you.

Similar wording

So I am even closer to the property than the one who is making the protest about the shed constructions.

Similar wording

constructions uh mr genti and claudia actually came over to us and it uh you know they'd ask us

Similar wording

if we were okay for them to expand uh the shed along with the additional constructions and we

Similar wording

have no objection whatsoever i heard earlier today that fences make good neighbors well

Similar wording

we don't even have a fence in between our properties and that to us makes it even greater

Similar wording

neighbors since uh they they are they have a child which that child actually does come over to our

Similar wording

backyard since we have uh grandchildren and great-grandchildren and and he enjoys our our

Similar wording

backyard uh area that we have for the children and so all i want to say with this is that for us

Similar wording

this construction if anything would most likely bring up the uh value of the properties for all

Similar wording

of us uh even higher and uh i i do understand that the neighbor who's making the uh complaint

Similar wording

may have uh some water coming over but uh understanding that mr genti himself is uh is

Similar wording

a builder is a constructor i'm quite sure that he'll be able to adjust that properly so from

Similar wording

our point of view uh my wife and i uh you know we we do understand that uh there is no problem with

Similar wording

this shed. I don't see any reason why the shed would be a

Similar wording

problem for the neighbor in lieu that his house is even a lot

Similar wording

further from from ours. That's all I have to say for now.

Similar wording

All right. Thank you so much. We appreciate it. Is there

Similar wording

anyone else in the virtual audience?

Similar wording

I have a hand up from Jennifer Moran. Sure. I'll promote

Similar wording

them.

Similar wording

I'll be coming back in as a pen.

Similar wording

Hello, this is Jennifer Moran.

Similar wording

Jennifer, could you turn your video on?

Similar wording

Is that possible?

Similar wording

How do I?

Similar wording

One second.

Similar wording

I'm sorry.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Do me a favor.

Similar wording

State your name and spell for the stenographer.

Similar wording

My name is Jennifer Moran.

Similar wording

It's J-E-N-N-I-F-E-R.

Similar wording

And my last name is spelled M-O-R-A-N.

Similar wording

All right.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

uh yes i do okay and jennifer we do have a copy of your letter okay so please proceed

Similar wording

all right well good morning um i'm the adjacent property owner i understand that um people are

Similar wording

saying that my house is further but unfortunately my biggest issue is is the water runoff and also

Similar wording

that the shed is all like on the pro it's 10 inches from my fence i'm i'm concerned about

Similar wording

water runoff I'm concerned about safety I'm concerned about if something catches on fire my

Similar wording

my fence will go on fire I have others you know I think it's and I would like if the variance is

Similar wording

approved I would like for that shed to be moved away to have more additional setbacks so it's not

Similar wording

right on my um property line okay um my client do you have any confirm do you have any questions

Similar wording

just that my client has already committed to to doing all the mitigation as far as water runoff

Similar wording

is concerned uh and uh you know again we're it's basically we're talking about the size not the

Similar wording

location so you know uh if it were 200 square foot smaller we wouldn't even be here the fact

Similar wording

of the matter is because it's uh slightly larger with that overhang uh and i think we can mitigate

Similar wording

any any uh concern with the with the plan that we've presented to the rco with respect to you

Similar wording

know the water runoff all right all right thank you is there anyone else in the audience no further

Similar wording

answer mr chair any commission i have a comment uh is this this uh owner is a builder

Similar wording

sometimes someone mentioned that they were a builder and so if they're a builder it's it's

Similar wording

very concerning that they would go through this to to build this and not have permits and not go

Similar wording

they would go through this to build this and not have permits and not go through the process

Similar wording

with it.

Similar wording

if they are a builder clearly they do decent work because it looks good right the framing looks yeah

Similar wording

i don't think he's a professional construction i don't think he's a professional builder but uh

Similar wording

you know the fact of the matter is he did believe and you know we could put that on

Similar wording

under oath on the record that uh he was doing he was in compliance when he was building this out

Similar wording

another builder okay there you go he's just a handyman yep handyman all right okay okay um

Similar wording

planning commission thank you chairman and good morning david fecto with the city planning

Similar wording

commission chairman and board members the comprehensive plan recommends no change to the

Similar wording

rsd3 residential single family zoning at this location the city rezoned this neighborhood in 1991

Similar wording

and a council-supported map change.

Similar wording

The appellant proposes to legalize a structure in the rear yard

Similar wording

built without the benefit of permits

Similar wording

that is nearly three times as large as the code allows.

Similar wording

They have not shown that they will suffer an economic detriment

Similar wording

if forced to comply with the dimensional requirements in the zoning code.

Similar wording

The City Planning Commission recommends

Similar wording

the board deny the proposed dimensional variance.

Similar wording

All that beautiful work would have to be torn out,

Similar wording

and we would hate to see that.

Similar wording

That's certainly an economic hardship.

Similar wording

all right so we're going to hold this to next wednesday uh we'll take it to executive session

Similar wording

where everybody have a chance to uh voice their views on it and we'll come to uh a conclusion

Similar wording

okay and we'll thank you at 9 30 a.m just want to move my entire exhibit packet into evidence as

Similar wording

well as well as the letter from council member uh brian o'neill all right thank you very much thank

Similar wording

you number three um nicole span

Similar wording

I think I already swore you in, right? Just for the record, state your name again and

Similar wording

turn your computer on. Nicole Spann. S-E-O-L-E-S-P-A-N-N.

Similar wording

Our Vice Chair has just a few questions for you.

Similar wording

Good morning. Have you submitted your documents and exhibits five days in advance of this

Similar wording

hearing yes ma'am okay and do you waive the reading of the refusal and stipulate to its accuracy

Similar wording

yes ma'am okay thank you you can share your screen and proceed with your case

Similar wording

Okay. All right. So that's your posting, right? Yes. Okay. So that was the close-up of the posting. Yep. Then there was just another picture of the posting. That's the property right there, right? That is correct. And that's a duplex? No, it's a single-family home, and I'm trying to – I'm here today for the duplex issue.

Similar wording

but but it it already is a duplex and you're trying to let your it's a duplex that you want

Similar wording

to legalize right okay so my story bought the property with my fiance at that time um went to

Similar wording

ellen i to get the rental license and that's when they informed me that it was not a legal

Similar wording

duplex okay how long have you owned it since 2021

Similar wording

21 and it was a duplex when you bought it correct okay here is a copy of the deed yes we have we

Similar wording

have all your documents okay i think where you should be is show us the photos of the property

Similar wording

my pleasure

Similar wording

so here's a pictures of the property um if you notice like in this very first picture

Similar wording

where this is the downstairs the first floor and back here like through this walkway those

Similar wording

are the steps to the second floor uh it's a clearer picture on this bottom right screen here

Similar wording

on the first floor is two bedrooms one bathroom living room kitchen

Similar wording

uh same same thing for the second floor two bedrooms living room kitchen bathroom

Similar wording

this is the porch to the first floor right what do you have in the basement in the basement

Similar wording

uh right now which is tools there's no access to the basement from um in the unit this property

Similar wording

which drew it to our attention it has a five car garage a six car driveway

Similar wording

um but it does not have access from either of the units okay

Similar wording

um but it does not have access from either of the units

Similar wording

oh i'm sorry i keep scrolling the same picture

Similar wording

um here you'll see this is the second floor yep uh this is the living room on the second floor

Similar wording

that's the kitchen on the second floor bathroom on the second floor bottom left

Similar wording

uh go to the next picture do you live in one of the units ma'am no okay

Similar wording

on half but the first floor okay moving on to

Similar wording

i'm sorry yes

Similar wording

sure this is one of the bedrooms on the second floor right that is a closet also on the second floor

Similar wording

Oh, this is another bedroom on the second floor here.

Similar wording

So two bedrooms on the second floor?

Similar wording

Correct.

Similar wording

that's the second floor as well that's the garage this is the living room on the first floor

Similar wording

that comes in off the porch am i correct correct

Similar wording

the living room the kitchen area

Similar wording

more pictures

Similar wording

this is bedroom number one on the first floor

Similar wording

sorry at the bottom right that's the living room on the second floor just

Similar wording

wanted to point that out this is another bedroom on the second

Similar wording

floor on the first floor and there's two bedrooms on the first floor that is

Similar wording

correct the first floor of the basement the first floor the basement is a is a

Similar wording

basement it's not it's not liable i think that stucco ceiling threw you off stealing in the

Similar wording

window we actually ripped that down recently and um you know made it flush with drywall

Similar wording

this is the laundry area um it's like a separate area coming out the hallway from the living room

Similar wording

kitchen one bedroom uh the laundry area and to the right is where the bathroom is

Similar wording

this is just a storage area like i said that ceiling yes we pulled that out made sure everything

Similar wording

was good that's the bare basement there like i said there's no access from the unit to the

Similar wording

basement we pretty much use it for storage at the bottom right that's the driveway area like

Similar wording

said it holds about five or six cars there and this is the base this is your basement here

Similar wording

correct that is the basement and at the back of the driveway that's the entry to the garage

Similar wording

this is the door on the outside in the driveway that goes to the basement

Similar wording

and that's well this is the like i said the garage area

Similar wording

um this is the certificate of uh tax compliance

Similar wording

Terrific of tax?

Similar wording

Clarence.

Similar wording

Questions from the board?

Similar wording

Are the units completely separated?

Similar wording

Yes.

Similar wording

So like there's separate utilities for the first floor, the second floor, and the garage separately?

Similar wording

Yes.

Similar wording

Yes.

Similar wording

When you purchased the property, did you get title insurance?

Similar wording

And did any of this come up on the inspection report?

Similar wording

Surprisingly, no.

Similar wording

Okay.

Similar wording

none of this came up until i went to get a rental license and the plan is to keep this as a and like

Similar wording

sort of a rental property for both units correct are you using any parts of the property uh personally

Similar wording

the garage the garage in the basement and then how are you all using the garage in the basement

Similar wording

and storage space storage space okay other questions correct yeah question for you um

Similar wording

so so the that first floor extends all the way to the garage or is that a

Similar wording

separate because I mean it was kind of looking at the looking at the building

Similar wording

kind of looking at the looking at the building and um it it looks like this the first floor

Similar wording

and it it looks

Similar wording

extends all the way back to that first that that one-story garage area right correct and is that

Similar wording

part of it is that part of the apartment no sir until you get to oh it's not okay no so the garage

Similar wording

right there's no access to the garage from the to the unit from the unit that's set at all okay

Similar wording

correct okay okay and then how do you get to the second floor unit it was on the left hand side

Similar wording

on the other side so right here at the bottom you can see where you got a close-up shot of that

Similar wording

why don't you look for it i saw the close-up before oh okay gotcha okay yeah there you go

Similar wording

no that was good i saw i see the door so that door at back there it goes to the second floor

Similar wording

that is correct all the way in the back that goes to the second floor and this door right here to

Similar wording

the front goes to the front the first unit okay yeah it looks it's interesting because the house

Similar wording

looks small from the front but it's actually pretty pretty long and it's because it because

Similar wording

the rooms look pretty decent look like a decent size yes all right where's the trash store for

Similar wording

your uh tenants so there's a driveway and that's where the trash cans usually sit

Similar wording

the driveway going into the garage I'm sorry the driveway where the garage is correct right

Similar wording

okay other questions do the tenants um have use of the driveway yes so they can park yes that

Similar wording

block um unfortunately is parking limited yes questions for attorney um not so much a question

Similar wording

i just wanted to note that the refusal doesn't say anything about the parking um and that there's

Similar wording

existing parking so that may need to be recognized i don't see any permit history relating to

Similar wording

parking on here so that may need to be done through a separate zoning permit application

Similar wording

um and this is rsa5 and it's accessed from a main street so you might actually need a separate

Similar wording

variance to legalize the parking that's already there i just wanted to flag that for you um so

Similar wording

unfortunately anything we can do about it now but i just wanted to make a note because

Similar wording

um i noticed it wasn't on the refusal and i checked the zoning history um you know clearly

Similar wording

was put it put there at some point well before you um and the garage is there and all of that

Similar wording

but just wanted to note that there isn't a record of that parking being approved so just wanted to

Similar wording

flag that for you because you may need to do something about that in the future okay all right

Similar wording

questions or comments from the virtual audience i see no hints at this commission

Similar wording

thank you chairman good morning david vecto with the city planning commission

Similar wording

chairman and board members the comprehensive plan recommends no change to the RSA 5 residential

Similar wording

single-family zoning at this location the city rezoned this neighborhood in 2019 in accord with

Similar wording

recommendations in the comprehensive plan this block face has a mix of single-family homes

Similar wording

duplexes and triplexes so the proposed two dwelling units matches the character of this block base

Similar wording

the city planning commission recommends of the board grant the proposed use variants for two

Similar wording

dwelling units so mi 2025 000 486 35 22 to 24 north 8th street i vote yes michael johns my vote

Similar wording

is yes cheryl gaston my vote is yes tenetta graham my vote is yes mcadams my vote is yes

Similar wording

thank you thank you you look awful very you look happy

Similar wording

all right so number four mi2025 000 592 2296 brinmar avenue

Similar wording

rodney wright monique wright are the applicants pro se

Similar wording

there's a letter of support from winfield residents association 12 in support five

Similar wording

in opposition and a letter of support from council member jones

Similar wording

on eighth grade right will be rejoining as a panel sure

Similar wording

we're here well that's great to hear thank you could you uh thank you could you please state

Similar wording

your name and spell it for this stenographer monique are you going to testify yes okay please

Similar wording

state your name and spell for the stenographer monique m-o-n-i-q-u-e gray g-r-a-y right w-r-i-g-h-t

Similar wording

do you or affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do all right so this application is for the legalization of a hundred percent

Similar wording

I do.

Similar wording

All right.

Similar wording

So this application is for the legalization of 100% opaque six-foot tall fence along the frontage of an existing detached structure for no change of use from single-family home living, for no change to existing accessory parking garage with two spaces have previously approved,

Similar wording

Whereas any fence located nearer to the lot line than the required building setback or the actual distance of the building from the lot line, whichever is greater, shall be no more than four feet high, no more than 50% opaque.

Similar wording

whereas fences on any side of our corner lot building facing a street shall

Similar wording

comply with their front setback rules set forth by section 14-706 apostrophe

Similar wording

three apostrophe a one our vice chair has just a few questions for you okay

Similar wording

yes good morning have you submitted your documents and exhibits five days in

Similar wording

advance of this hearing yes okay and the chair just read your refusal so do you

Similar wording

You stipulate to the reading of the refusal further, and do you stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

You can share your screen and proceed with your case.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Can you see my screen?

Similar wording

It's coming over there.

Similar wording

Yep.

Similar wording

We see it.

Similar wording

Perfect.

Similar wording

Okay. So this is the side and backyard of our home at 2296 Bryn Mawr Avenue before the fence was erected. Although we have 2296 is our home, the front of our home is on Woodbine Avenue and the side and backyard faces Bryn Mawr Avenue.

Similar wording

to the next one in a second please

Similar wording

can you see this one no let's say it hasn't moved yet

Similar wording

oh can i can i stop sharing a share again please sure thank you

Similar wording

okay

Similar wording

Can you see it?

Similar wording

uh it's coming up right now we we see i guess you're showing us a nice snow shot

Similar wording

can you see the first picture of the home i see them yep the side in the yard yeah okay

Similar wording

great thank you so this is the uh side and backyard again is on brenmar avenue and i'll

Similar wording

show you a picture of the front right now. So the reason why we erected the fence is because we had

Similar wording

theft to our property. Delivery people didn't know where to deliver our property, so they would

Similar wording

deliver it to the back steps. People walking down the street would go to the back steps and take

Similar wording

the items. People also use the side of our yard as a shortcut to get from one place to the other.

Similar wording

they would leave the sidewalk and go on the property. So this is the pavement for pedestrians

Similar wording

and this is our personal pavement to go to the front of our home. They would also leave dog

Similar wording

feces. Animals would come on to our property but the most reason is because in the snow we have

Similar wording

seen footprints to the back of our home and animal prints to the back of our home which is quite

Similar wording

dangerous um when people should not even be back there people take it upon themselves to

Similar wording

um walk back there that made us less secure um in our home they've also stolen things from back

Similar wording

here so we can't leave anything outside it's really unusable um from this perspective before the fence

Similar wording

after the fence this is the front of our home that faces whereby avenue and the fence is located

Similar wording

behind our front yard so our front yard is huge and substantial and the fence is behind that

Similar wording

which is lined up um directly with the property once we put the fence up uh delivery men were able

Similar wording

Once we put the fence up, delivery men were able to walk on our private path to the front and deliver packages so that they would no longer be stolen.

Similar wording

to walk

Similar wording

People no longer had the ability to walk past and take things from our property that was not theirs.

Similar wording

But the main issue was when we would have family functions and things like that on the side of the property, there would be pedestrians and people walking past that would literally, excuse me, drive up, park, and come and start asking us questions.

Similar wording

So we felt that that was a lack of privacy and unsafe.

Similar wording

They would say, oh, is this a barbecue?

Similar wording

When should we come back?

Similar wording

Can we have some?

Similar wording

They would not only speak to us, they would speak to our guests.

Similar wording

um and in a way that's kind of frightening because people walking up and down this down

Similar wording

the street you really don't know what the motive is and you don't want to have to get into you know

Similar wording

any conversations with people that you really don't know okay

Similar wording

so this is the uh our property from the corner perspective so you would walk downward by avenue

Similar wording

You will be able to see directly to the corner. Around the corner, you would have to pass our front yard in order to even to get to the backyard. This is another picture as well. So the walkway, you would walk down the street. We wanted to show you the intersection. So if cars were coming past, they would be able to see fully around the corner and down the street.

Similar wording

I'm sorry, my exhibits are going too quick for my fingers.

Similar wording

Apologize.

Similar wording

So if cars were coming down the street, they will be able to see around the corner.

Similar wording

And as you can see right here, the city put three lines in the street right here.

Similar wording

So which means that you can't even park in this distance so that cars can see around the corner.

Similar wording

They also put a street sign over here for no parking.

Similar wording

so that when cars approach the intersection, they can also see around the corner.

Similar wording

So cars as well as pedestrians can see around the corner when they come up to our property.

Similar wording

This is a picture from Bryn Mawr Avenue, and you can see from across the street,

Similar wording

you can see all the way down the street.

Similar wording

So pedestrians were crossing the street or cars were coming down the street,

Similar wording

you can see without obstruction.

Similar wording

There are no obstructions to sight lines where the fence is located.

Similar wording

Monique, that's a fence right across from you, too, right?

Similar wording

Yes, it is.

Similar wording

It's a fence right across from us, and that fence is right there.

Similar wording

So you can see in conjunction for our fence and theirs, theirs is here close to the intersection,

Similar wording

and ours is all the way back to the side yard of our property.

Similar wording

We wanted to make sure that when we put up the fence that it would not obstruct pedestrians or sight lines for cars.

Similar wording

Okay.

Similar wording

And here is a picture of the intersection to show you the distance from the fence.

Similar wording

I'm standing on my sunport steps to show you the distance from the fence to the intersection.

Similar wording

So when cars are approaching, here is the sign where you can't park here.

Similar wording

And here are the lines where you can't park there.

Similar wording

So all of that is unobstructed for sight lines as well as walking purposes.

Similar wording

And here is the intersection showing cars coming to the corner.

Similar wording

And it shows that the fence has no obstruction to that.

Similar wording

All right. Questions from the board.

Similar wording

I guess I don't have a comment. I guess I don't have a comment. I guess it's not really a question.

Similar wording

I understand your your concern and all the things that you raised.

Similar wording

um i guess i'm just it just it it this is my own opinion i think the fence takes away from

Similar wording

the neighborhood completely um i just i just do if i look at the fence that your neighbor put up

Similar wording

right next to you it's it's a estate fencing it is very attractive um it it keeps the quality of

Similar wording

these these lawns um in the neighborhood so just and that's just my opinion i think that i think it

Similar wording

it takes away from the quality of the neighborhood other questions that's just my opinion

Similar wording

other comments comments from our attorney hillary emerson not at this time mr chair comments uh

Similar wording

from the virtual audience mr chad do not see any hands raised for the commission

Similar wording

Commission thank you chairman and good morning David Fecto with the city planning Commission

Similar wording

thank you chairman and good morning David Fecto with the city planning commission

Similar wording

chairman and board members

Similar wording

chairman and board members the comprehensive plan recommends no change to the rsd3 residential

Similar wording

single-family detached zoning at this location the city rezoned this neighborhood in 1967

Similar wording

in a council supported map change the appellant built defense without the benefit of permits

Similar wording

that does not meet the height and opacity standards in the zoning code the appellant has not shown

Similar wording

that they would suffer an economic detriment if forced to comply with the standards in the code

Similar wording

the city planning commission recommends the board deny the proposed dimensional variances

Similar wording

thank you MI 2025 000-592-2296 Bryn Mawr Avenue I vote yes I'm Michael John my vote is no

Similar wording

Cheryl Gaston my vote is yes Tana Graham my vote is yes Ryan McAdams my vote is yes

Similar wording

uh you have your votes thank you so much we really appreciate you all thank you thank you

Similar wording

Number six, MI2025, 000622, 6441 North 20th Street.

Similar wording

David Darcer Villarreal is the attorney for the owner.

Similar wording

Let's see here.

Similar wording

Chair, I have a hand up from Luis Castillo.

Similar wording

Do I allow him to speak briefly to see if they're wrong with the case?

Similar wording

no that's an expediter but why don't we see if we get unless the owners with the expediter

Similar wording

I'm about to speak briefly

Similar wording

Luis Castillo please unmute yes I'm here can you hear me is the is the is the owner there

Similar wording

I am the applicant the attorney is the attorney there yeah I know the applicant I'll be hard to

Similar wording

mr ramon jackets he's the owner of the program sir i i need the attorney there's we have an

Similar wording

attorney listed for the owner you don't have the attorney listed in the in this case

Similar wording

we have the owner

Similar wording

all right then put the own put the owner it's kenny put the owner on please yes sir mr justice

Similar wording

is Ramon

Similar wording

Ramon yes could you please state your name and spell for the sonographer

Similar wording

we're having difficulty hearing can we can you please turn on the video so we can see Mr. Vasquez

Similar wording

let me promote tomorrow real quick i'm sorry okay thank you

Similar wording

i'll be coming back in as a panel shortly

Similar wording

the next one

Similar wording

okay i could be is the who is the owner in the uh orange shirt yes could you please state your

Similar wording

name sir and spell for the stenographer hold hold on no no no

Similar wording

Now, you can't do that, right?

Similar wording

I mean, if he needs an interpreter, we'll have to get him an interpreter.

Similar wording

Perfect.

Similar wording

And Luis Castillo, L-U-I-S?

Similar wording

Now, answer my question.

Similar wording

Can he understand or do we need an interpreter?

Similar wording

He needs an interpreter because he doesn't speak English.

Similar wording

He understands?

Similar wording

No, he doesn't.

Similar wording

He doesn't do.

Similar wording

Okay.

Similar wording

All right.

Similar wording

So this case is going to be continued.

Similar wording

Okay.

Similar wording

And we'll have to have an interpreter the next time, all right?

Similar wording

So this case has continued to 6, 10, 26 at 9.30 a.m.

Similar wording

And Mr. Castillo, previously an attorney appeared on behalf of Mr. Vasquez.

Similar wording

Is he no longer retaining an attorney?

Similar wording

We can contact the attorney for the next time if you want it, if you need it.

Similar wording

Well, did he, has he retained an attorney?

Similar wording

Is he paying someone to represent him in this case as an attorney?

Similar wording

yes okay well then the attorney if he's doing that the attorney is the one that needs to appear

Similar wording

okay yes thank you thank you number seven mi 2025 000 6299 34 65 north third street joseph

Similar wording

Vaccaro is the attorney.

Similar wording

I'll be back in another panel shortly, Mr. Chair.

Similar wording

I'll be back to another time that's shortly, Mr. Chair.

Similar wording

Good morning. Can you see and hear me?

Similar wording

And counsel, could you please state your name and spell for the stenographer?

Similar wording

Yes. Good morning. May it please the board. My name is Joseph Vaccaro, V-A-C-C-A-R-O, attorney for the applicant, Francisco Rosario.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

RCO is in non-opposition, and also the council member is in non-opposition. Our vice chair has a few questions, Mr. Vaccaro.

Similar wording

Thank you.

Similar wording

good morning have you uh submitted your documents and exhibits five days in advance of this hearing

Similar wording

yes with the exception of the tax clearance um we anticipate uh being able to submit a tax

Similar wording

clearance certificate if not later this afternoon this week is that okay okay in that case we'll

Similar wording

need to hold this this we can hear it but we can hold it for we'll need to hold it until we receive

Similar wording

the tax clearance in terms of having a vote much appreciated okay and do you waive the reading of

Similar wording

the refusal and stipulate to its accuracy yes okay thank you you can share your screen and proceed

Similar wording

with your case thank you very much uh just let the record reflect that i have uh mr francisco

Similar wording

rosario he's sitting uh right next to me in the office where i am um can you see it's coming up

Similar wording

now yeah we have okay so you see what uh the screenshot of the property from yep no no i see

Similar wording

the city of philadelphia property yep right city of philadelphia property okay so if i could start

Similar wording

the um the presentation um my client owns this property um and it's a it's technically an empty

Similar wording

property it's a vacant lot technically um and that's why i'm showing you on the first three

Similar wording

pages. Going back to 2015, there's no improvement on the property. It's an empty lot. The property

Similar wording

is approximately 840 square feet with a 14-foot frontage zoned as RM1. Here's a satellite

Similar wording

view of where the property is, so I could zoom in. It's on the far north block. It's

Similar wording

It's on the far north of the block, of the 3400 block of North Third Street, just south of the Amtrak line.

Similar wording

That's the Amtrak line with Glenwood Avenue, just south of Tayoga.

Similar wording

It's the second lot in from the corner.

Similar wording

The property on the corner, which is owned by Luz Ramos, she participated at the RCO meeting, and she was in support of my client's application.

Similar wording

By way of history, this property was sold in 2019 by way of sheriff sale to Alberto Caro, and then Mr. Caro sold the property to Luz Caldozila in 2020, and in 2022, Francisco had purchased the property from Luis Caldozila.

Similar wording

I've included those deeds in my packet. I'm showing where the property is. Here's a screenshot of the property. It's right behind the tree, at least as of when the Google people took the photograph.

Similar wording

Here's another view of when the Google people took the photograph, the stop sign where my cursor is floating here. That's Glenwood Avenue. And then you have abandoned factories and the Amtrak line going further to the left.

Similar wording

Here's the refusal.

Similar wording

Here are the proposed plans.

Similar wording

Here's a picture.

Similar wording

My client had put up the gate to the building, and I have some other photographs which I could show you as I proceed with the presentation.

Similar wording

My cursor is over the neighboring property, that's Luz's property, who was in support of my client's plan.

Similar wording

With the application for appeal, if I could just scroll down.

Similar wording

Here are the deeds that I had described.

Similar wording

And when my client had purchased the property, here's the gate that I was describing.

Similar wording

Another view of the gate.

Similar wording

And the purpose of this application, yes, the refusal and the application describes a garage.

Similar wording

Under no circumstances does my client want to use this property to store any vehicles.

Similar wording

to store any vehicles uh there's no there is no curb cut there's no intention to put in a curb

Similar wording

There is no curb cut.

Similar wording

There's no intention.

Similar wording

cut this is the neighboring property this is loses neighboring property she uses it

Similar wording

basically as a backyard where she stores her vehicles um

Similar wording

he's a francisco was in the metal work business uh he has a he has a shop at 3006 north 6th street

Similar wording

It's about a mile away. If you make a left at the intersection of 3rd and Glenwood, make a left on Glenwood, make another left onto 6th Street, and just north of 6th and Indiana is where my client's metal shop is.

Similar wording

He has a lot of metal, a lot of equipment, and a lot of materials.

Similar wording

His intention is to legalize the use of this property for materials and equipment and tools.

Similar wording

I'm showing you some of the materials and equipment inside his property.

Similar wording

Here's a view of the inside.

Similar wording

Another view of the inside looking out towards Third Street.

Similar wording

He had put up these two plywood doors after he had purchased the property.

Similar wording

here's a view of the back alley he's not encroaching onto the back alley

Similar wording

here's another view of the back alley that trash is not on his property

Similar wording

here's a view of the back alley looking towards glenwood avenue and again and again this is

Similar wording

loses property my cursor is over loses property with the fence and the and the short wall

Similar wording

This is looking south, along with the other photographs. So he's not doing any work on the property. He doesn't plan on doing any work on the property. The work hours and work days are from 8 a.m. to 5 p.m. Monday through Friday, and all the work, all the metal work is being done at 3006 North 6th.

Similar wording

Any work is done off site. This particular site on 3rd Street is strictly for storage of materials and equipment and tools. So all he's doing is going to the property, dropping off, picking up and moving on his way.

Similar wording

He's not parking any of his vehicles on the block. He's not parking any of the vehicles, any of his vehicles on the site, in the site, none of that. He's not doing any of the work there either. Everything is being done either at his customers' homes, or at his customer sites, or at his shop on 6th Street.

Similar wording

As was indicated, we have a letter of support. I'm sorry, we have a letter of non-opposition from ASEE. There was a question of water runoff, which is going into 3424, the neighboring property to the south.

Similar wording

Obviously, if the board were to grant this variance for the use, my client is still going to have to go back to L&I to submit for the appropriate permits to build a more appropriate structure with the appropriate water runoff and water drainage system so that any issues on that neighboring property could be remediated and alleviated.

Similar wording

There was also a question about waste disposal. My client has a commercial services agreement with Metropolitan Waste Systems. I'm showing you their agreement. It's a one-page agreement. And again, any waste is not being generated at this property on 3rd Street. Any and all waste is being generated at and disposed of from his 6th Street property.

Similar wording

It's being billed at 3006 North 6th.

Similar wording

Yes, there's a related property on 3rd Street, but he's not doing any work there.

Similar wording

We have the letter of non-opposition from ASE.

Similar wording

And again, as it's a fair summary of the RCO meeting where my client participated, lose the neighboring property to the north.

Similar wording

She voiced her support.

Similar wording

We discussed the water runoff.

Similar wording

We had also discussed the waste management and the fact that my client's not doing any work, nor does he plan on doing any work or storage of his vehicles on the property in question at Third Street.

Similar wording

on the property in question at third street um he put up the posters

Similar wording

He put up the poster.

Similar wording

and i have francisco sitting to my i have francisco sitting to my right francisco did you

Similar wording

hear my my presentation yeah did you do joe joe joe joe mr remember i have to swear him in right

Similar wording

oh yes you do sure sir could you please state your name as bill for the stenographer

Similar wording

take your name francisco rosario and you could you spell it please for the stenographer

Similar wording

the last name is r-o-r-a-r-i-o joe could he do it one more time simply because i'm not sure

Similar wording

their stenographer heard the first part can you spell it again okay the name my name is francisco

Similar wording

all right thank you do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

do you swear to tell the truth yeah council please proceed okay did you hear my presentation

Similar wording

to the board yeah is it the truth yeah and would you adopt it as your own if you were going to

Similar wording

testify okay did you hear his answers yes to all three questions we did okay uh mr rosario

Similar wording

mr rosario how many workers do you have two and there's all the work being done on sixth street

Similar wording

correct and how many vehicles do you have and the vehicles do you store them on sixth street yeah

Similar wording

okay do you store any vehicles on third street this property do you store any vehicles on this

Similar wording

property not on this property do you do any work on this property no does it have any electric no

Similar wording

no no okay any plumbing no okay and um if the board were to give you this variance you're gonna

Similar wording

fix up the building and make the building right so that there's not going to be any water runoff

Similar wording

and it's going to be a proper building in accordance with the codes right yeah okay

Similar wording

mr vicario have you talked to the person next door that owns the property that we're talking

Similar wording

about the runoff we we haven't spoken with that person but it's it's our understanding that um

Similar wording

that uh that person uh that that person was discussed at the rco meeting and that's how

Similar wording

it got mentioned all right questions from the board so how are you getting the you say you're

Similar wording

not using it for the business but how are you getting the materials that are stored in there

Similar wording

to the property you're bringing it by truck or how are you doing correct correct he pulls up the

Similar wording

truck he pulls up the truck they park the truck temporarily they drop off whatever they need to

Similar wording

drop off they pick up whatever they need to pick up and then they're on their way so you use this

Similar wording

property is basically an adjunct to the business is that storage okay I could show you if I could

Similar wording

stop sharing this they have another picture from Google Maps bear with me

Similar wording

do you see a google maps uh screen it should come up in a minute okay okay you see it yeah we see it

Similar wording

okay so if i could zoom in a bit where the red dot is this is his property on sixth street

Similar wording

so this is the vertical is six the horizontal is indiana so that's his property where he does

Similar wording

his work that's his workshop um i'm going against the flow of traffic but we go up

Similar wording

make a right up Glenwood and here's third street the property that's the subject of this appeal

Similar wording

where my cursor is so that's where my my earlier in my presentation you go up toward Glenwood make

Similar wording

a left make another left down sixth and here it is it's 0.8 miles

Similar wording

and if you want to go the Allegheny the Allegheny Avenue route it's 0.9 miles

Similar wording

okay thank you thank you questions yeah so what's happening with the rest of the yard with the rest

Similar wording

of the lot well if the rest of the lot doesn't belong to him the rest of the lot belongs to

Similar wording

lose ramos uh she's using it as her backyard for her business um let me see here if i could

Similar wording

the structure covers the whole lot that one story structure covers the whole this whole parcel no

Similar wording

no no no let me go back to let me go back to the screen sharing of the photos that we took

Similar wording

of this lot. We're not encroaching on her property. We're not using her property for anything.

Similar wording

We're not encroaching on her property.

Similar wording

We're not using her property for anything.

Similar wording

Nope, not this one.

Similar wording

Nope, not this one.

Similar wording

So that's the front of your property.

Similar wording

Right, that's the front of our property with the poster.

Similar wording

I'm just going up.

Similar wording

that's the inside that's the back yep i'm just scrolling up to show the two properties together

Similar wording

okay so this is loses property next door we're not encroaching on that that's

Similar wording

my cursor is over the side wall so that's the end of my client's property this is the

Similar wording

neighboring property at the corner of third and glenwood okay so you confused me because

Similar wording

in the beginning you said it was a vacant lot that the structure was going to be on a vacant lot

Similar wording

so that's why i asked the question does this structure cover the total lot is it total lot

Similar wording

coverage right are you saying no or yes now right right it's it when i say it's it's not it's not a

Similar wording

vacant lot well it's not a vacant lot i'm uh because there is this structure there under the

Similar wording

city tax records it's showing it's showing as an empty lot okay and that's and that's all that i

Similar wording

was saying i'm not i'm not trying to imply that it's an empty lot it's just under if you look at

Similar wording

the office of property assessments website you know my the first two pages of my presentation

Similar wording

there's no improvement say taxable improvement zero going all the way back to 2015

Similar wording

so did he build the structure that was he was does the owner did he put the structure there

Similar wording

francisco did not the only thing the only thing he put is the those two plywood doors in the back

Similar wording

and did you put the gate no or the gate was already there so the gate was already there

Similar wording

when he had purchased the property back in uh 2022 so the only thing the only thing he did was

Similar wording

put those back door those back plywood doors just to close off the property from the outside

Similar wording

okay thank you no thank you questions go ahead so i have a question based on some of the feedback

Similar wording

we see in the rco letter it does seem like there's a lot of concerns from the community members

Similar wording

around things like drainage um and there were some a number of things that they were trying to

Similar wording

improvise or community agreement how has your client planned to address those concerns

Similar wording

Well, the drainage is going to be, is going to be addressed by the, you know, by the what, assuming that this board were inclined to grant us the variance for the use, then he's going to have to get the appropriate permits to, to build an appropriate structure. Okay. That's, that's not going to drain onto the neighboring properties.

Similar wording

that wasn't there so there was a number of things that looks like i'll say brought up though so one

Similar wording

was the storm water runoff the other was water resistant materials but they also talked about

Similar wording

things that had to deal with i think safety there's motion sensors security cameras so i guess

Similar wording

my question is how how's your client planning to deal with all of the issues that were brought up

Similar wording

the rco he's he's in agreement with all of those okay agreement with all those and that was expressed

Similar wording

at the rco meeting i'm sorry i just missed i just misunderstood your question it's okay yeah so it's

Similar wording

listed in the letter too um questions right and and hillary none of that's enforceable right am i

Similar wording

right they could get a cba but no unfortunately the requested provisors are not enforceable

Similar wording

and i have no questions questions or comments from the virtual audience whether or not it's

Similar wording

enforceable or not he's it's still in yours to his benefit because he's got equipment and material

Similar wording

that he wants to keep safe as well as as well as the safety of the neighbors so of course he's

Similar wording

going to do it all right questions or comments from uh planning commission thank you chairman

Similar wording

and good morning David Vecto with the city planning commission chairman and board members

Similar wording

the comprehensive plan recommends a change in zoning at this location from RM1 residential

Similar wording

multi-family to CMX2 commercial mixed use this neighborhood still carries its original 1933

Similar wording

zoning there is no unique physical condition or circumstance of this property that would prevent

Similar wording

it from being used in strict conformity with the zoning code this is a residential block face the

Similar wording

city planning commission recommends the board deny the proposed use variants for an equipment

Similar wording

materials storage yard and building yep okay so um we gotta wait for the taxes to come in joe so

Similar wording

we're holding the vote i appreciate that and if i could just respond to the planning commission's uh

Similar wording

uh comment um if if in the event that this would be denied then my client would be

Similar wording

If, if in the event that this would be denied, then my client would be forced to expend huge sums of money to build a home or to build a residence at this lot.

Similar wording

And that's not his line of work. That's not his business.

Similar wording

Okay.

Similar wording

So thank you.

Similar wording

Thank you, Mr. Vaccaro.

Similar wording

Thank you very much. Have a good day.

Similar wording

Show number 10, MI 2025 001815, 2100 Princeton Avenue.

Similar wording

larina romero is the dba and donna chalala is the listed applicant it's a pro se

Similar wording

hillary we still don't have the proof of mailing

Similar wording

we have proof that one letter was mailed to one address but there are 123 affected addresses that's

Similar wording

okay so i'm not sure that the requirement was met i've asked for clarification um but i don't

Similar wording

we need a lease too right we did receive the lease um but i have not received clarification

Similar wording

that the mailing was properly done thank you they've been promoted to uh panelists station

Similar wording

become a back control hello hi donna not lorena

Similar wording

is donna there no no it's laverna lorraine is the right person no it's lorena

Similar wording

that's the d i see it i see it but yeah doesn't it say dba

Similar wording

okay all right could you please state your name and spell it for the stenographer

Similar wording

Is Lorena L-O-R, hold on, this is misspelled, L-O-R-E-N-A, that's the first name, Zegura

Similar wording

is S-E-G-U-R-A.

Similar wording

All right, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I swear.

Similar wording

All right, have you done the mailing for this property?

Similar wording

yes and how many letters did you send out i send a couple of them

Similar wording

so so ma'am the mailing requirement is to all neighbors within 250 feet of the property

Similar wording

and there's 123 neighbors um there so they you should have been done a mailing to 123 addresses

Similar wording

a hundred and twenty hundred twenty three yes they're given instructions for how to pull a list

Similar wording

of those addresses and then to send that letter to all of those addresses unfortunately if you

Similar wording

did not do that then we will have to continue this case because that is a requirement oh my

Similar wording

Okay, so, Lorena, how many did you mail, do you have receipts for that mail?

Similar wording

No, no.

Similar wording

Lorena? Yes.

Similar wording

How many letters did you mail?

Similar wording

I mailed, hold on, but I have a copy here.

Similar wording

we saw proof of mailing for one letter yeah i only say for one but i didn't send one no no

Similar wording

okay you need to be the only one um speaking it's making us difficult for us to hear

Similar wording

larina yes all right how many letters did you mail i sent 110 all right okay all right so

Similar wording

So here's what we're going to have to do. We're going to have to continue it. And before the next day, make sure you touch base with the staff and they'll make sure that you know exactly.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

This is going to be, listen to me, this is going to be continued to 6, 10, 26 at 9.30 a.m.

Similar wording

6, 10.

Similar wording

26, 6, 10, 26 at 9.30.

Similar wording

Okay.

Similar wording

okay and then check with the staff they'll make sure that you have the appropriate things to do

Similar wording

okay all right thank you you're more than welcome thank you that's that's the only thing basically

Similar wording

that i'm missing right thank you very much you're welcome thank you right here

Similar wording

mi 2020 this is number 14 mi 2025 001 878 11 26 harrison street jermaine harris is the attorney

Similar wording

there's uh well we'll be like it's one

Similar wording

they'll be back in a soprano shortly mr chair

Similar wording

good afternoon panel good afternoon mr harris how are you sir i'm fine how are you will you

Similar wording

please state your name and spell it for the stenographer uh sure my name is jermaine harris

Similar wording

and that would be j-e-r-m-a-i-n-e and i am the attorney for uh the applicant okay could you

Similar wording

identify your client well hold on do you swear or affirm to tell the truth the whole truth nothing

Similar wording

about the truth oh yeah sure uh identify your clients my clients are uh gianna dr the deal

Similar wording

dardo e and will william villa okay and for a point we have a letter of anonymous opposition

Similar wording

from northwood civic association 24 votes and a letter of opposition from council member lazada

Similar wording

our vice chair has a few questions come oh it's afternoon now so p.m uh good afternoon do you uh

Similar wording

have you uh mailed your exhibits um five days in advance of this hearing i did okay and do

Similar wording

you waive the reading of the referral and stipulate to its accuracy i do okay thank you you can uh

Similar wording

Okay, sure. So, okay. So this is to legalize a duplex at 1126 Harrison Street. Now, this

Similar wording

This is the property here, and this is the evidence of the posting of today's hearing.

Similar wording

And these are the separate entrances of the property.

Similar wording

So, this property has a history of being a two-family, and as of, in fact, let's see, 1940, that was quite, maybe like three generations ago, but 1940, it was configured from a one-family to a two-family.

Similar wording

And it has retained that structure as of right now.

Similar wording

Now, my client purchased the property from a sheriff's sale sight unseen in 2017.

Similar wording

And just want to look at some pictures here.

Similar wording

So it's a two bedroom, one bath on the first floor.

Similar wording

This is the first floor. First floor is vacant. And that is what we're seeing right here for this apartment. And then we have the second floor apartment, which is one bedroom, one bathroom.

Similar wording

And we're looking at the photos for that. Let me get the picture. Let me get the plans.

Similar wording

So these are the floor plans for the particular building. This is the first floor, which has the two bedrooms in the front.

Similar wording

And then this is, you walk upstairs, come upstairs, then you go into, and then you have the entry for the second floor unit, which is living room, and then the bedroom.

Similar wording

And that's reflected, the layout is pretty much, is, is.

Similar wording

Jermaine Jermaine show us that show us the basement sure show the plants

Similar wording

that's the basement this is the basement right here there's not any living space

Similar wording

for that and I can have my client testify when I do promoter when I have

Similar wording

promoted but there's no living in the basement it's only it's laid out right as a third apartment

Similar wording

i mean there's a bathroom a kitchen

Similar wording

So I would have to ask my client about that.

Similar wording

i would have to ask my uh client about that

Similar wording

Sure.

Similar wording

Okay.

Similar wording

I'll have to ask her about that.

Similar wording

And Jermaine, let me ask you this.

Similar wording

What happened at the RCO?

Similar wording

Okay.

Similar wording

So what happened at the RCO is that it was more so an opposition, not necessarily, mainly

Similar wording

not because of the presentation itself, just because, but solely because of the fact that

Similar wording

they just did not want a two family and they didn't want a multifamily. Despite the fact that

Similar wording

there are some multifamilies that are on a block, they don't want any multifamilies on it. So that's

Similar wording

really what it was now since we are talking about that community meeting i'd have you i

Similar wording

have it notated that there was only one nearby neighbor uh that voted so and i've included

Similar wording

petitions of 22 nearby neighbors that are from that block and the adjacent block who are directly

Similar wording

affected by this and they supported this particular uh they support this particular project

Similar wording

so they pretty much they understood that there was a history of it that it had been laid out that way

Similar wording

but and the reason why it reverted back to a single family is because

Similar wording

the prior owner apparently didn't renew the rental license and when you don't renew

Similar wording

renter licenses then it automatically then it reverts back to its original designation which

Similar wording

is the single family so that's the reason why it's in that position continue with your presentation

Similar wording

if you want to bring your client on sure uh i'd like to bring uh miss dordano i'd like to have her

Similar wording

promote it could you raise your hand miss uh dear donald

Similar wording

that's what we'll be joining us shortly chair sure thank you i'm gonna stop

Similar wording

hello hello

Similar wording

you hear me now hi um mr donald mr donald are you going to testify yes i'm all right all right

Similar wording

you're going to testify right yeah all right could you please state your name and spell

Similar wording

for the stenographer hello my name is william villa uh spelled w-i-l-l-i-a-m-b-i-l-l-a

Similar wording

right do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

is it counsel yes uh so did you hear the testimony that i just gave uh to the board

Similar wording

yes okay do you agree with that testimony that i gave yes yes and could you uh just real briefly

Similar wording

could you address the basement uh and is there what the layout is of that and does the plans

Similar wording

reflect that what it what the state is i mean the plans the plans looks looks accurate but does not

Similar wording

have a kitchen it does have a sink on the middle like because i use that i leave all around the

Similar wording

corner and 1114 firmer street well no longer i used to leave there and i use that for entry time

Similar wording

and i used to have like a little pool table or watch uh sports with my friends because my house

Similar wording

is a small 1114 firmer street so i used to hang out there because it has a private entrance and

Similar wording

that's what that's all i did oh i'm pretty much as a storage now

Similar wording

and is the is m no one lives in the first floor no one lives in the basement it's only

Similar wording

use in the second floor correct it's usually the second floor now yep just the second floor

Similar wording

okay and

Similar wording

uh would there be any uh what kind of hardship would this be if this property were to be

Similar wording

converted back were to be converted back to a to a one to a one uh to a single family

Similar wording

it will be very hard for us like especially the money to spend on the property already because as

Similar wording

um as a young angel in 2017 uh it was a new all me for dinner we just bought purchased our first

Similar wording

house around the corner so i was driving by every day i saw the sign for sale on the auction i entered

Similar wording

by uh my lock and then i ended up winning we don't even know if there was a duplex

Similar wording

uh my lack and then i ended up winning we don't even know if there was a duplex we don't have a

Similar wording

kid when it did when we get the documents we open i open personally we open uh the property and they

Similar wording

find out there was a duplex it was already laid out as a duplex it has two kitchens and i thought

Similar wording

it was you know it was my lack and then um you know because we spent all the money at the time

Similar wording

so we leave the the property for a couple years just a bacon and till we start fixing a little

Similar wording

by little as i earn some money and start fixing that until like i finished you know just finished

Similar wording

i like painting and flooring and you know just appliances so when um but after i find out that

Similar wording

i was trying to i was trying to rental uh just trying to rent and get the rental license and it

Similar wording

says you know because of violation because but my mistake was because i thought it was a violation

Similar wording

on the block it has a street on the back the the wall is collapsing the whole neighborhood is

Similar wording

affected with that and that was the reason i wasn't getting uh the violation but as i said i

Similar wording

think it's a whole neighborhood is in the malaysian so that's what i thought i couldn't do anything

Similar wording

with that and to actually i got the letter it says uh it was getting me sued by the city and

Similar wording

and to like you know in the next call like this so that's what i was trying to do the right way

Similar wording

put it like how it was before and then i thought was a very like simple because let's say how the

Similar wording

documentation that's what it was before i've um tried to find a picture from the auction when i

Similar wording

bought it when it was bacon it was just what my neighbors was left and right unfortunately the

Similar wording

right neighbor passed away when i'm like it's so happy that we come over because we take care of

Similar wording

the property we keep it clean before there was a spot the uh younger people younger kids there

Similar wording

was a squadron and leaving in there it wasn't safe for them so i didn't have any issue with

Similar wording

neighbors or anything like that until i was trying to get on the license and now i'm just

Similar wording

trying to pretty much legalize because i thought it was because when we as you see the papers from

Similar wording

what was it 1940 it was already duplex and i thought that's what i would say this is all new

Similar wording

for me and we thought it was already a duplex science you know it was from years before

Similar wording

so why don't you explain to us what you're going to do with the basement in the future

Similar wording

they are just pretty much a store now because i don't leave close then anymore so it just

Similar wording

pretty much will be a storage for you or for the tenants for me for me because uh yeah it's for me

Similar wording

questions from the board who has access to the basement is there access for the tenants that

Similar wording

you're planning to have on the first floor or the second floor no it does it not has because it has

Similar wording

a private entrance around the wall it's like like on the back it's a ground level and there's a is

Similar wording

a is of the tree the tree entrance so that neither of the tenants will have access to this basement

Similar wording

is that no yep no no and you're not going to have any kind of household living of any sort

Similar wording

no no because i understand it's not legal or full of that you know i don't

Similar wording

i don't want to do any of that okay all right okay so then um

Similar wording

i don't want to steal one of my other board members thunder but

Similar wording

okay so what are we doing about the utilities here

Similar wording

the utilities are separate everything is separate like it has it has two meters since even we started

Similar wording

property we was paying trash uh for the two units so it's a commercial trash so that's what i thought

Similar wording

everything was on everything was legal because i said i'm on the need on uh i don't do anything to

Similar wording

just besides they're renewing and what do you call it? The utilities. Yeah, the utilities are

Similar wording

separate. Okay. And where are the meters? On the back of the house next to the entrance of the

Similar wording

basement. Okay. And what are you doing about the trash? We pay into the city. It has right next

Similar wording

to the entrance it has up you can see next to the door it has the alley there that's where the

Similar wording

trash cans go like neighbor in a trash can and then uh it's picked up by the city and yes for

Similar wording

the first floor and the second floor the same thing they both they both stay in the same place

Similar wording

okay all right thank you other questions are you opposed to a proviso that would prohibit

Similar wording

uh household living in the basement what do you mean what was that like are we opposed to

Similar wording

like them writing that there's a rule oh yeah yeah absolutely yeah i don't i don't want to

Similar wording

leave anybody even like for the old safety and i don't want anybody to leave in the basement yeah

Similar wording

that's and i know you said that all of the utilities are separated but that's across

Similar wording

like that's a pico and gas correct correct correct water and water water is just one

Similar wording

millimeter for the whole property are you are you planning to do any plumbing upgrades to put in a

Similar wording

second um furnace no no no okay other questions

Similar wording

no okay

Similar wording

other questions questions from our attorney

Similar wording

not at this time i did i did have a comment a question so you

Similar wording

because i'm trying to go back to tya's um question you said that there's one

Similar wording

unit that's that services both the units one

Similar wording

peter hvac unit that services both units

Similar wording

is that what you said no everything is separate okay everything is separate and no household

Similar wording

yeah i i think the only thing he said is that there was one water and that services both apart

Similar wording

and that's it okay which is pretty common okay okay and then and then these rooms that are in

Similar wording

the basement with closets and full kitchen and full bathroom are you removing that once again

Similar wording

and you're just not going to use it as if it needs to be removed like for anything so i will

Similar wording

remove but that's not have a full kitchen it has a sink and a fridge it has like you know and it

Similar wording

has one bathroom that's all it has and it has two two rooms that i was as i said i live around the

Similar wording

corner and i stay there like family members like comes in and they stay on the weekend and my house

Similar wording

was small so we just go and hang out there and i used to have a pool table but i empty everything

Similar wording

out of there because i'm no longer living around there but as it's either whether you're required

Similar wording

to be removed anything i'm going to do it because it's like i'm using just for storage like i use

Similar wording

it like car parts i got you i got you i got you i got questions or comments from the virtual audience

Similar wording

chair i do not see any hands raised for the matter planning commission thank you chairman

Similar wording

good afternoon David Fecto with the city planning commission chairman of board members the

Similar wording

comprehensive plan recommends a change in zoning at this location from RSA 5 residential single

Similar wording

family to RM1 residential multi-family the city rezoned this neighborhood in 2017 and a council

Similar wording

requested map change this property appears to have a history of swinging between single family

Similar wording

and multi-family under several previous owners based on its lot size of 1383 square feet if this

Similar wording

property were zoned as recommended two dwelling units would be allowed the city planning commission

Similar wording

recommends that the board grant a proposed use variance for two dwelling units thank you mi

Similar wording

2025 001 878 1126 harrison street i vote yes with proviso maximum two units no household living in

Similar wording

basement michael johns my vote is yes with proviso cheryl gaston my vote is no it's not a

Similar wording

gram my vote is yes with provisals my mcadams my vote is yes with proviso thank you council

Similar wording

thank you sir thank you thank you is there anyone in the audience whose case has not been called

Similar wording

from the 9 30 a.m list chair i do not see any hands okay see everyone at um 2 p.m thank you

Similar wording

very much welcome doctor right thank you we got through a lot of good afternoon everyone my name

Similar wording

is bill bergman and i will be chairing this meeting in the philadelphia zoning board of

Similar wording

adjustment with me is our board vice chair tenetta graham president mr chairman our board secretary

Similar wording

shell l gaston president mr chairman board member michael johns president mr chairman board member

Similar wording

ty owen president mr chairman and our board member ryan mcadams president mr chairman also present

Similar wording

is our board attorney hillary emerson our zoning board director in haggerty and our board administrator

Similar wording

lakeisha dandy recording of this hearing will be posted on the zba website by participating you

Similar wording

consent to be recorded this is an in-person meeting with remote capabilities whether remote

Similar wording

or in person if you're called to speak you must state and spell your name then wait to be sworn in

Similar wording

once you've been sworn in please state your name each time before beginning your testimony

Similar wording

any person may enter their appearance to become an interested party to a case

Similar wording

There are three ways. You can identify the case property address on your Zoom webinar. You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow. Call 267-270-5548. Leave a message that includes your email address and the address of the property of the appeal.

Similar wording

the following guidance is for our remote attendees when directed you must raise your

Similar wording

virtual hand in order to be recognized to speak if you're called to testify you will

Similar wording

If you're called to testify, you'll be prompted to join as a panelist.

Similar wording

be prompted to join as a panelist please accept

Similar wording

Please accept the request and turn on your camera.

Similar wording

The webinar Q&A is for questions about the hearing.

Similar wording

Do not comment on cases in the Q&A.

Similar wording

And if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

Similar wording

For our in-person attendees, please refrain from talking, eating, or drinking during the hearings.

Similar wording

Verbal and physical aggression will not be tolerated.

Similar wording

restrooms are across from the elevators a water fountain is just outside the room to the right

Similar wording

when speaking on the record you must speak directly into the microphone in order to be

Similar wording

heard by all attendees and the court reporter in the event of emergency please follow the

Similar wording

directions given over the public address system or by the staff the main exit is through the

Similar wording

double doors at the rear of the room the nearest stairwells to the left outside the doors case of

Similar wording

evacuation the rally point is at love park directly across art street please remain

Similar wording

there so we can account for you let's look at our schedule for this afternoon

Similar wording

number six

Similar wording

Number 6, MI-2025-005-993-6100 Wissahickon Avenue. This case is continued to 5-20-26 at 2 p.m.

Similar wording

Number 8, MI-2025-006-073-1700 Spring Garden Street.

Similar wording

This case is continued to 5-20-26 at 2 p.m.

Similar wording

Are there any other requests for continuances?

Similar wording

Good afternoon.

Similar wording

A continuance request.

Similar wording

Oh, okay.

Similar wording

Oh, I'm sorry.

Similar wording

Let me just do this one more here.

Similar wording

I have a withdrawal. MI 2025 005 913 913 North 16th Street. This case has been withdrawn. And are you the McDonald's?

Similar wording

Yes, the McDonald's of 1401 66th Avenue to continue discussions with the RCO, the 10th Democratic Ward.

Similar wording

So you're going to continue it. Okay. All right. So MI 2025 004 571 1401 66 Avenue. That case is continued until 520 26 at 2 p.m. Thank you. Thank you. You still have one more case, right? Okay. Thank you.

Similar wording

Okay. We're going to go to our regular add-on list.

Similar wording

MI 2025-005-350-3430 North Bodine Street, I vote no.

Similar wording

Michael Johnson, my vote is no.

Similar wording

Cheryl Gaston, my vote is no.

Similar wording

Tannetta Graham, my vote is no.

Similar wording

Ryan McAdams, my vote is no.

Similar wording

Tywin, my vote is no.

Similar wording

Number two, MI 2025-004-309-126, Alexis Lane, I vote yes with proviso.

Similar wording

Certificate of occupancy to be obtained.

Similar wording

Michael Johns, my vote is yes with proviso.

Similar wording

Cheryl Gaston, my vote is yes with proviso.

Similar wording

Tanetta Graham, my vote is yes with proviso.

Similar wording

Ryan McAdams, my vote is yes with proviso.

Similar wording

Ryan Wynn, my vote is yes with proviso.

Similar wording

Number three, MI 2025-005805, 14250 to 60 Busselton Avenue.

Similar wording

I vote yes with proviso.

Similar wording

Per refusal dated 116-26, temporary variance to expire 228-31, use limited to suite number one.

Similar wording

Michael Johns, my vote is yes with proviso.

Similar wording

Cheryl Gaston, my vote is yes, with Proviso.

Similar wording

Tanetta Graham, my vote is yes, with Proviso.

Similar wording

Ryan McAdams, my vote is yes, with Proviso.

Similar wording

Tywin, my vote is yes, with Proviso.

Similar wording

At number four, MI2025-005-864-2043, Frankfurt Avenue, I vote yes.

Similar wording

Oops, Michael Johns, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Tanetta Graham, my vote is yes.

Similar wording

Ryan McAdams, my vote is yes.

Similar wording

Sorry, Tywin, my vote is yes.

Similar wording

Okay, we're going to go to our regular list. We're going to start with number, is it 9 and 10? 9 and 10. MI 2025-006-075-21 East Clappier Street, and we also have with this MI 2025-006-080-23 East Clappier Street.

Similar wording

Okay, we're going to go to our regular list.

Similar wording

We're going to start with number...

Similar wording

Vern Anastasio is the attorney.

Similar wording

Here, Vern is being promoted to panelists.

Similar wording

Sure.

Similar wording

Good afternoon, Mr. Chair.

Similar wording

Council, you've already been sworn this morning. Could you please state your name and spell for the stenographer?

Similar wording

Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Todd and Emily Grant.

Similar wording

All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

We have a letter of non-opposition from the 12th Ward Democratic Ward and a letter of non-opposition with provisors from Solo Germantown for both cases.

Similar wording

Our Vice Chair has a few questions. Thank you. Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing? I did. Okay. And do you waive the reading of the refusals and stipulate to the accuracy?

Similar wording

I do. Okay. Thank you. You can show your screen and proceed with your case. Thank you. Mr. Chair, members of the board. This is fair as a fairly straightforward case.

Similar wording

AND LET ME SEE IF I CAN, THERE WE GO.

Similar wording

WE ARE PROPOSING TWO SINGLE FAMILY HOMES ON TWO LOTS, 21 AND 23 EAST CLAPIER.

Similar wording

I WILL BE CALLING MY CLIENT, TODD GRANT, WHO HAPPENS TO ALSO BE THE ARCHITECT ON THE PROJECT.

Similar wording

But this is after we've had a couple meetings and lots of input from the neighbors on what these homes would look like.

Similar wording

So this is what we've come up with in the latest iteration.

Similar wording

Let me explain to you why we're here.

Similar wording

It's virtually 100 percent compliant with the zoning code.

Similar wording

So that's great news, right?

Similar wording

However, because of the size of the lots, there is a unique physical condition that the minimum side requirement cannot be met here.

Similar wording

We are offering five feet as a side requirement, side yard.

Similar wording

The code, as we all know, is currently eight feet.

Similar wording

The good news is that all the other homes on the block have side yards, and none of them are at eight feet.

Similar wording

and very few of them are even at five feet. So our side yards are actually as big or bigger than

Similar wording

all other side yards on that block. So I deem this a de minimis dimensional variance that we're

Similar wording

looking for. And therefore, our whole premise is that if we were to lose that three feet,

Similar wording

it would make the houses, both of them, a lot less livable. So, they're not that super wide

Similar wording

to begin with. So, that's where we are. So, let's pull out. This is some interior layout.

Similar wording

As you can see, we have the garage. Hold on for one second. I want to

Similar wording

i have something else i want to share if you don't mind

Similar wording

we do have revised stamp plans that were submitted and also a proviso of a plans form was also

Similar wording

submitted under separate cover i'll make sure that the the attorney for the board also sees that

Similar wording

prior to approval if it if it's so necessary these are the the site plan for both

Similar wording

we have a side rendering elevation rear and front

Similar wording

i'll stop sharing that

Similar wording

Second.

Similar wording

And these are mirror images, these properties, obviously.

Similar wording

We have an entryway and a multipurpose room on the first level.

Similar wording

Second level is a living room, bath, kitchen and dining, all sort of open concept on both sides of the stair.

Similar wording

And then a modest three bedroom, two bath at the top.

Similar wording

As you'll see, one is a master, and the other is a full for the hall for both kids.

Similar wording

What do we have here?

Similar wording

also moving into the exhibit the posting notices

Similar wording

and this was a second flyer that went out not only did we do one that was mailed

Similar wording

but then we did another one that was posted on the property and distributed by some of the members of

Similar wording

the RCO. We met specifically after they voted to support. We met specifically again just to go over

Similar wording

materials and design, even though that's outside the purview of the zoning code. My client wanted

Similar wording

to make sure that we did, in fact, do that. So it was a little unusual, but we were happy to comply,

Similar wording

and we were also happy to get the support of both RCOs in attendance.

Similar wording

And with that, again, the unique physical condition being that the properties, if we were to lose the three feet on each, it would significantly impact the livability of the properties.

Similar wording

And with that, I'd like to call my client, Mr. Todd Grant, to adopt my testimony.

Similar wording

He'll also be available as the architect to answer any questions that you might have about the design.

Similar wording

Todd Grant you said yes sir okay Mr. Grant

Similar wording

Ron can you zoom in on the site plan

Similar wording

say it again can you zoom in a little on the site plan yeah sure in that bottom right corner this

Similar wording

one here as you can see our yard is bigger than adjacent property as well mr. Grant

Similar wording

it's Todd Grant or Emily Grant that should be present shares are being promoted thank you very

Similar wording

much. Thanks, Karima.

Similar wording

mr grant you've been promoted

Similar wording

hello this is todd grant uh hi sir could you please state your name and spell for the stenographer

Similar wording

my name is todd grant it's t-o-d-d-g-r-a-n-t do you swear or affirm to tell the truth the

Similar wording

truth and nothing but the truth i do counsel thank you mr chair mr grant did you hear my

Similar wording

presentation to the board yes true and accurate to the best of your knowledge yes i adopted as

Similar wording

your own testimony yes and you are the architect on the project yeah that is correct great so i'm

Similar wording

One of the provisos for the RCO was that there will be interior trash storage. Could you show me that on the plan?

Similar wording

We don't necessarily have that on the, on the interior layout, but we certainly agree to that proviso.

Similar wording

I see another provides right here for interior mailboxes, and I wasn't really clear what.

Similar wording

really clear what that was attempting to do do you have a sense of what that requests

Similar wording

that was attempting to do

Similar wording

do you have

Similar wording

how it's being sort of addressed in the plans ms when i know it's you speaking but for whatever

Similar wording

reason your volume is significantly lower than everyone else's is that better yes it is okay

Similar wording

uh my question was i see another request from the rco for interior mailboxes and i was wondering if

Similar wording

you could expand on what that was trying to do from the meeting the two you know well we had

Similar wording

two meetings and I don't remember it once being mentioned uh and then of course I saw the letter

Similar wording

this morning about that uh um I they want some sort of mail slot that goes into the first floor

Similar wording

either the garage or you know uh that doesn't stick out outside uh like just with a mail slot

Similar wording

against the facade uh we're certainly okay with that instead of the box instead of an act i guess

Similar wording

i guess they were concerned that there might be some sort of suburban style

Similar wording

exterior box out front but we never okay we never even intimated that we would do that so okay

Similar wording

okay any other questions yes um and i guess um i'm gonna try and get down to some zoning nitty

Similar wording

gritty here so this isn't the minimus because it's more than a 10 deviation so is your argument that's

Similar wording

my that's my that's my perspective yeah okay so your argument is more hertzberg that this

Similar wording

well certainly hertzberg yeah yeah against the you know of course use of the yeah so under

Similar wording

hertzberg if we lost those three feet it would dramatically impact the financial feasibility of

Similar wording

any of this gotcha not to mention the livability gotcha okay what's the what's the width so i'm

Similar wording

just i'm sorry i'm sorry what what's no i'm sorry go ahead go ahead no what were you mr grant no i

Similar wording

was just asking what's i was just asking what's the width of the of the mr grant how wide is each

Similar wording

home uh each home is 15 feet wide yep thank you

Similar wording

yeah the questions thank you wait the lot is i thought the lot was 22 feet and the side yard was

Similar wording

three is that there's a lot 23 or 20. mr grant do you want to expand on the size of the lot

Similar wording

the if we go to the zoning uh sheet the the lot both lots are 20 feet wide

Similar wording

and we're asking for a five foot side yard yep okay questions from our attorney i'll bring that

Similar wording

back up if you'd like yeah if you could bring it back up just quickly no problem i just have

Similar wording

i have different uh different binders i'm working with here mm-hmm

Similar wording

the units are decent by the way i was hoping you'd say that laid out pretty i was hoping

Similar wording

they're laid out pretty pretty well so so so um each lot is 20 feet right here

Similar wording

hillary um yes just a couple quick things um one just verifying that um

Similar wording

um mr grant is a principal with the yes entity okay um and second we received what i assume are

Similar wording

revised plans for just 21 east clap your street we didn't receive any um proviso forms what are

Similar wording

the changes that are being proposed yeah i have uh yeah i have that and i could send you those

Similar wording

if you'd like okay yeah because we we didn't i thought i sent it under separate cover so maybe

Similar wording

did not get into the rest of the binder um yeah i was unable to find it so that's why i was trying

Similar wording

to understand what changes were being made hillary revised plans today's date yes i believe it's just

Similar wording

one page but i need to look at them because i don't i don't know what the proposed changes

Similar wording

oh i see okay hold on i'll i'll send it over again okay thank you yep okay go on

Similar wording

Okay, for me questions or comments from the virtual audience for the current audience share. There are no hands at this time. Thank you. Planning Commission.

Similar wording

amy boy with the planning commission oh amy boyd do you swear or affirm to tell the truth

Similar wording

told truth nothing but the truth i do please proceed chair would you like the testimony for

Similar wording

both properties you do both okay so this will be for 21 and 23.

Similar wording

the comprehensive plan recommends no change in zoning at this location from the current rsa

Similar wording

The comprehensive plan recommends no change in zoning at this location from the current RSA 3 residential single family.

Similar wording

This lot is 20 feet wide when 25 feet is required, creating a unique physical condition that constrains the site to meet the 8 foot side yard requirement.

Similar wording

The planning commission recommends that the board grant their requested variance for side yard whip.

Similar wording

thank you um i just i i don't know if if mr anastasi is able to send them now but i do like

Similar wording

i send you i did send you the changes okay i just i need to look at those before yep besides whether

Similar wording

i just emailed them uh it's a rough it's a raw form but it gives you the changes uh the

Similar wording

fully executed form i've already sent over but it doesn't sound like you see it so i'll send

Similar wording

it over again after the hearing um where did you send it to i just forwarded it to you personally

Similar wording

the the raw form okay it just hasn't come through yet that's all

Similar wording

it's slowly coming through hold on

Similar wording

all right so you're proposing to add a carport there's already a curb cut i believe because

Similar wording

there's parking yep um enclosed carport with walls down to the grade and added a garage door

Similar wording

to the plan. We modified the front roof to flat mansard roof, lower to 35 feet, six inch.

Similar wording

And we modified the rear roof to a flat mansard roof, which lowered it, the overall height to

Similar wording

29 feet. Okay. I think we can approve those changes. And that was just all subsequent to

Similar wording

RCO discussions. All right. Thank you. So it's one page, right? Yes. One page. So I believe it's

Similar wording

for it's for both properties right you're making those changes those changes are for both yes yes

Similar wording

you can both at the same time they're both requesting one page of revised plans so mi

Similar wording

2025 006075 21 east clapier street and number 10 mi 2025 00608023 east clapier street i wrote

Similar wording

yes revised plans one page stamp two four twenty six thank you michael johns my vote is yes with

Similar wording

proviso charles gaston my vote is yes with proviso tenetta graham my vote is yes with proviso mcadams

Similar wording

my vote is yes with proviso iowa my vote is yes with proviso thank you number thank you thank you

Similar wording

have earned yeah for three mi 2025 005 588 109 south 13th street um stephanie boggs bagna is the

Similar wording

attorney hi is your mic one i don't here we go can you hear me now sorry there we go could you

Similar wording

please state your name and spell for the stenographer. Stephanie Magana, S-T-E-P-H-A-N-I-E,

Similar wording

last name M-A-G-A-G-N-A. Do you swear or affirm to tell the truth, the whole truth, and nothing

Similar wording

but the truth? Yes, I do. Could you identify your client in relationship to the property?

Similar wording

My client is the Philadelphia Building Associates, LLC. They're the owner of the property.

Similar wording

Right, and we have a unanimous non-opposition from Washington Square West Civic Association.

Similar wording

Our vice chair has a few questions. Good afternoon. Have you submitted your

Similar wording

documents and exhibits five days in advance of this area yes and do you waive the reading of

Similar wording

the refusal and stipulate to its accuracy i do not okay this application seeks approval to add

Similar wording

one residential dwelling unit to an existing mixed-use building in the cmx5 district

Similar wording

we received a refusal for single-family use of the property the single-family use is defined in

Similar wording

the zoning code is use of a lot as for one residence for a single family that is not the

Similar wording

proposed use of this property we're adding one residential dwelling unit to the property the lot

Similar wording

will remain in mixed use retail commercial with now one residential unit in the alternative of

Similar wording

that interpretation being confirmed by the board we are asking for a variance to allow the proposed

Similar wording

use um the the board can't really can consider the challenge to the refusal without the city

Similar wording

being here because that's more of an appeal appeal against lni so we'll we'll you know

Similar wording

So recognize that you've made that challenge for the record, but the board will just consider it based on the variant. Understood. Thank you. Thank you. Appreciate your screen and proceed with the case. I do need to be upgraded. I am logged into the Zoom, but I'm not able to share my screen at this time.

Similar wording

I'll promote them to panelists.

Similar wording

I'll promote them to panelists. Great. Thank you.

Similar wording

Great. Thank you.

Similar wording

Okay. Thank you.

Similar wording

One second.

Similar wording

Okay, I see that there we go. Okay.

Similar wording

As I said, so here's a copy of our notice of refusal. Again, the refusal was issued for single family use.

Similar wording

We are looking to change the use of one unit unit 117 at the third and the fourth floor of this building for one dwelling unit.

Similar wording

The property is located at the corner of Sansom and 13th Street. It encompasses retail spaces 107 to 119. The address of the consolidated lot is 109 South 13th Street. But we have several retail frontages that are all part of this building and this property holistically. The main entrance to the unit is through unit 117, which is where the bottled location is here.

Similar wording

And again, this unit in particular is on the third and the fourth floor.

Similar wording

No changes are being proposed to any other uses of the building.

Similar wording

You mentioned, as we got started, we have a letter of non-opposition from the Washington

Similar wording

Square West Civic Association following our meeting with them.

Similar wording

This is a copy of our key plan.

Similar wording

You can see that the unit here, the third and the fourth floor.

Similar wording

This space was previously approved for office space.

Similar wording

I think technically in the zoning archives, it's been vacant for many years.

Similar wording

So ownership is looking to reposition it so that it can actually be rented cmx 5 mixed uses.

Similar wording

This neighborhood can accommodate one additional dwelling unit, and it won't otherwise affect the existing uses or operations of the building.

Similar wording

I did mention that the main entrance to the unit is on, I think, 13th Street through the 117 unit right by the bottled location.

Similar wording

There's a secondary egress through the Sansom Street exit here through the courtyard, but there is elevator and stair access through the main entrance on 13th Street.

Similar wording

And we have some site photos of the interior of the unit, like I said, laid out for what was previously approved as office space and will be renovated to accommodate a residential use, presuming that the board approves the application.

Similar wording

um just an exterior picture um with that i have john weckerly from foxwood architects they are

Similar wording

the project architects here if i could have him sworn in um we also do have owner representation

Similar wording

here as well if there's any questions this is the architect sir could you please your mic on

Similar wording

could you please state your name and spell for the stenographer uh john weckerly uh j-o-h-n w-e-c-k

Similar wording

e-r-l-y do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

I do. Counsel? John, did you hear the statements I made this afternoon? Yes. Are they complete and accurate to the best of your knowledge? Yes. Just to clarify, the main entrance is actually adjacent to a retail concept called Bottled, which is just two doors. I'm sorry, called to Zio's Restaurant, which is actually two doors to the left of Bottled on the site plan there. I could point it out if necessary. Great. Okay. Thank you.

Similar wording

the the residential unit is that above bottle though okay otherwise what did you adopt nice

Similar wording

statements as your own yes thank you um do you want to bring your owner on or no

Similar wording

they're available to answer any operational questions if you accept your testimony all right

Similar wording

john did yes all right questions from the board are there any other residences in the structure

Similar wording

That's going to be my question.

Similar wording

No.

Similar wording

No?

Similar wording

No, it's a mixed-use commercial building.

Similar wording

So there's the retail on the ground floor.

Similar wording

I believe there's office spaces elsewhere.

Similar wording

And then I guess the question is, what is driving the decision to convert this?

Similar wording

It's been vacant for a number of years.

Similar wording

So I think it was last approved as office space, but has never been rented and utilized as an office in a number of years.

Similar wording

Do we know why?

Similar wording

Like, is there a hardship, or is it just it hasn't been rented?

Similar wording

I can bring Daniel on to answer operational questions.

Similar wording

daniel white i believe he's on the zoom call if he could be promoted to a panelist and sworn in

Similar wording

he's our owner's rep and he can answer some background contests

Similar wording

did you say that there were other residential units uh on these floors above and other there's

Similar wording

none on not not that property but up along the block or there's some in one building but it's

Similar wording

new across the street above a restaurant but there's multiple apartments in that building

Similar wording

and everything above the restaurant as apartments but i'm pretty sure every other second and third

Similar wording

story on those two blocks are not residential and it's a it's a busy corridor yeah so that's

Similar wording

the nature of the refusal right so this is cmx5 so multi-family is permitted here if we were to

Similar wording

to have more than three units in this building it would be by right the reason for the variance

Similar wording

I think we understand that it's still weird to put a single residential unit into a commercial space and that's a chaotic block like from a residential standpoint, I think, but it would be adding one unit to a mixed use block that includes residential use and CMX five so to our extent, like we're not changing the building otherwise and we're certainly not changing its character as being mixed

Similar wording

use that would allow for this space um if daniel white has been promoted i can have mr wright

Similar wording

could you please state your name and spell for the stenographer good afternoon daniel white um

Similar wording

d-a-n-i-l-w-h-y-t-e do you swear or affirm the whole truth and nothing but the truth

Similar wording

I do.

Similar wording

Council?

Similar wording

Yeah, Daniel, could you provide some background on the rental efforts you've made here for

Similar wording

this unit?

Similar wording

I believe you provided the same to the RCO when we went with them.

Similar wording

Yes.

Similar wording

So we've had the properties of the office broker for many years.

Similar wording

And if I take a step back, you know, we are Golden Properties.

Similar wording

We have numerous properties in Midtown Village along 13th and Sansom, including the Philadelphia

Similar wording

Building and 1315 Walnut Street.

Similar wording

you know the building where Van Lewin is, Elves, the Prunella, Pearl and Mary,

Similar wording

Sam Penn, Double Knot, Alpenrose, so you know we're heavily vested in the

Similar wording

neighborhood. That specific unit has been increasingly difficult police as an

Similar wording

office. We've had a list with an office program for many years and the issue

Similar wording

really lies in the layout of the space. So if you can just go back to the

Similar wording

pictures so I can find it out so it's a little unit and the window shades are

Similar wording

down so it's difficult to see but it's very hard to demise to actually build

Similar wording

offices conference rooms other requirements that any regular office

Similar wording

tenant would take specifically on the second floor because of the a-frame roof

Similar wording

it's very difficult and so you know where it's been vacant for years we're

Similar wording

completely out of options or ideas and what to do to lease as an office and so

Similar wording

even our office brokers are the ones who said you know this is and we're

Similar wording

willing to make the investment to you know put in kitchen and bathrooms and

Similar wording

everything up to code to make an apartment we have several apartments

Similar wording

right across the street above the other retail and restaurant stores we have

Similar wording

that we've been extremely successful in leasing we're you know 100 lease and a lot of those

Similar wording

are rented to office workers in the neighborhood service workers other that you know work you know

Similar wording

close by and want to be there so um really it's through the layout of the space is is what's

Similar wording

driving um the change uh thank you for that i think that does provide a little bit more clarity

Similar wording

for the the reasoning um in terms of management are you guys going to be managing the residential

Similar wording

unit yourselves i'm assuming the same way you'd manage the ones across the street yes we manage

Similar wording

all our properties in-house with a dedicated property manager who um his office in our main

Similar wording

office is at a 1315 walnut and then we have a a team of maintenance personnel and staff that

Similar wording

um you know are also on the properties and sites every day and then just because i acutely know

Similar wording

this block very well for a number of reasons um part of what makes that block really chaotic is

Similar wording

there's not a lot of entrances like there's architecture firm already up there it's really

Similar wording

hard to find their door it's really hard to get into their office how is the residential tenant

Similar wording

going to be able to sort of navigate and have safety and separation from all the other sort of

Similar wording

uses on that block because there's a lot of restaurants a lot of stores a lot of sure so

Similar wording

So we actually, on 13th Street, we actually, by the entrance, the entrance used to be set back inside.

Similar wording

What we did was, and we brought out the vestibule towards the street to prevent, you know, people from, you know, sleeping in that area and whatnot.

Similar wording

we also installed a castle system which is uh you know video um monitoring you know uh

Similar wording

access panel and you know the person who lives there will be able to allow guests in through an

Similar wording

app through the castle app and they log in you know they're able to provide entrance either

Similar wording

their phone or for a key card so it's very secure um you know and all our office tents are happy all

Similar wording

office tenants have been there a long time and um you know we're also very selective with our

Similar wording

tenants we run full background checks we made sure everyone's right we tried to meet with them

Similar wording

since that there wouldn't be an issue of uh you know of the wrong person being in the same

Similar wording

of the wrong person being in the same building as an office tenant okay and then where will the

Similar wording

building as an office tenant okay and then where

Similar wording

residential tenants trash go is it going to be distributed with the other office so we

Similar wording

yeah so so there is um not blocking but there are areas um within the kind of the stairwells are you

Similar wording

know have a have large kind of platforms and there are um i guess roll out garbage cans that the

Similar wording

office tenants use that our maintenance team takes out this tree on trash day and they would just use

Similar wording

that as their as a regular garbage and then my sort of last question is really related to like

Similar wording

uh quality of life like it's very loud on that street it's very bright on that street and you

Similar wording

know uh you know class a office space has a different rating in terms of insulation for

Similar wording

both noise and sound and light than a resident, that person that would be there all the time.

Similar wording

What are you doing to the unit to sort of ensure that whoever's living there is going to be able

Similar wording

to live there comfortably and not kind of be impacted at night by the rest of the activities

Similar wording

going on on that street? Yeah, understood. And, you know, that's kind of a decision you make and

Similar wording

knowing the neighborhood when you move in. We, you know, again, our apartments above the retail

Similar wording

across the street those tenants know what it is you know we explained to them well they're

Similar wording

into the lease um and we don't have any complaints because they know the the neighborhood they're in

Similar wording

and i think that's part of the allure is that people want to live in the neighborhood you know

Similar wording

eat work play so to speak um you know i myself have stayed in several of those units when i've

Similar wording

when i'm down in miami when i've been up there and uh you know they're really great even so

Similar wording

the other questions questions from our attorney hillary emberson

Similar wording

um just a clarification because i noticed on the the floor plans that it looked like only

Similar wording

part of the unit was actually being converted like the third and fourth floors would be

Similar wording

computed to residential correct okay so i i just want to point that out to the board because it

Similar wording

it may be that it's not the entire unit 117 it's only part of it so if the board is inclined to

Similar wording

grant you may want to include a proviso that indicates the use is limited to the third and

Similar wording

fourth floor yeah i should be okay okay yeah so the second or are rented to bottled

Similar wording

right and there's no connection from the second floor to the third floor

Similar wording

questions or comment from the virtual audience

Similar wording

no hands at this time chair planning commission amy boyd with the planning commission the

Similar wording

comprehensive plan recommends no change in zoning at this location from the current cmx5 commercial

Similar wording

mixed use the proposal is to add a dwelling unit in an existing mixed-use building where

Similar wording

residential is already allowed the planning commission sorry the planning commission has

Similar wording

no objection to the board granting the requested variance for single family household living

Similar wording

MI-2025-005-588-109-South 13th Street. I vote yes with proviso. Limiting use to third and fourth floors.

Similar wording

Michael Johns, my vote is yes with provisos.

Similar wording

Cheryl Gaston, my vote is yes with provisos.

Similar wording

Tanetta Graham, my vote is yes with proviso.

Similar wording

Ryan McAdams, my vote is yes with proviso.

Similar wording

Iowa, my vote is yes with provisos.

Similar wording

Thank you.

Similar wording

you. Number seven, MI-2025-006068-2009 North Howard Street. Andrea Solomon is the attorney.

Similar wording

They're being promoted to panelists here. Yep. Okay. Andrea, you've already been sworn.

Similar wording

um could you just state your name for the record thank you andrea solomon uh from claire harrison

Similar wording

with me today is the principal of the owner applicant 2009 north howard alpha llc

Similar wording

i'm sorry my unanimous support from norris square community action network

Similar wording

and non-opposition from council member lazada our vice chair has a few questions

Similar wording

good afternoon had you mailed your documents and exhibits five days in advance of this hearing yes

Similar wording

i'll just add that we submitted our revised exhibit package to include the letters of non-opposition

Similar wording

and support thank you and do you waive the reading letter refusal and stipulate to its accuracy

Similar wording

i do okay thank you you can share your screen and proceed with your case thank you it's just

Similar wording

Thank you. It's just allowing me to rejoin.

Similar wording

allowing me to rejoin.

Similar wording

okay thank you good afternoon again i'm here on behalf of 2009 north howard alpha llc with me

Similar wording

today is in attendance is mr michael scanapico um as chairman bergman stated we met with the

Similar wording

coordinating RCO North Square back in December

Similar wording

and received a letter of unanimous support.

Similar wording

The meeting was very well attended, 21 votes in support,

Similar wording

and a letter of non-opposition from Council Member Lozada.

Similar wording

The applicant acquired the property in 2022.

Similar wording

This application is limited to the ground floor units.

Similar wording

units right now they're zoned for industrial artist studios since the applicant acquired

Similar wording

the property they haven't been able to lease them as artist studios they've also marketed

Similar wording

them for retail use as permitted by right tried to get a coffee shop some other bakery

Similar wording

use other uses in there and have not been successful in getting commercial or industrial

Similar wording

tenants. So we're here today to turn eight of those bi-level units into dwelling units

Similar wording

for a total of 88 dwelling units at this property. It's improved with two buildings,

Similar wording

two four-story structures, and parking on the ground floor. This is a photo of, it fronts both

Similar wording

hope street and howard street hope street is very narrow and primarily residential use

Similar wording

and same thing with howard is a little bit wider but has legal street parking on both

Similar wording

sides so essentially same with but again a very residential block

Similar wording

this is the layout of the typical bi-level unit it's about 900 square feet

Similar wording

And the refusal because of the building, though, the surrounding block is primarily residential, is zoned for IRMX.

Similar wording

This is the view of the interior of the units.

Similar wording

They're bi-level units, very light and bright.

Similar wording

Initially, we were trying to get, like I said, artist studios in here.

Similar wording

Thought it was a good space to get up-and-coming artists up and running, but they haven't been able to lease.

Similar wording

so we want to get some uh the rental of the dwelling units in here um with that being said

Similar wording

um we're i'd like to ask that uh michael be sworn in so he can adopt my testimony

Similar wording

michael could you please state your name and spell for the stenographer

Similar wording

no here you go much better michael scanapico uh m-i-c-h-a-e-l

Similar wording

S-C-A-N-N-A-P-I-E-C-O. Do you swear or affirm to tell the truth, told truth, nothing but the

Similar wording

truth? I do. Counsel? Michael, you saw the entirety of my presentation. Is it true and accurate to the

Similar wording

best of your knowledge? Yes. And do you adopt it as your own testimony? Yes. And I'll just ask,

Similar wording

can you talk a little bit about the marketing efforts, the possible tenants that you approach

Similar wording

to try to get in here? Yeah, sure. Happy to. So we did marketing in a number of different ways.

Similar wording

We tried, you know, Craigslist. We tried approaching some neighborhood tenants that

Similar wording

we thought could be a good fit. We also worked with the team at Scout, who has an office building

Similar wording

with creatives about 200 tenants uh in south philly to try to be a newsletter there um and then

Similar wording

you know this is a eco-friendly building solar has a lot of different elements to it which makes

Similar wording

it somewhat unique so try to use that to also push kind of the retail concept um out um you

Similar wording

know website and everything else so wanted to get some perspective so there was eight units left

Similar wording

There's a total of 10 units on the ground floor.

Similar wording

there's eight there's a total of ten units on the ground floor two of them are already

Similar wording

Two of them are already dwelling units and eight artist studios that we're converting to an additional eight dwelling units.

Similar wording

You said these are bi-level?

Similar wording

That's correct.

Similar wording

They're bi-level units?

Similar wording

Yes, they're about 900 square feet.

Similar wording

Okay, so the pictures that we're looking at, that's the one is the second floor, so it has two kitchens.

Similar wording

i'm just is that it's it's the same floor ground level floor on both angles

Similar wording

on two different angles so it does have two so what's

Similar wording

go ahead i can show the floor plans the the ground level floor does have uh two

Similar wording

two um egresses one to the street side and one towards the parking which is in the center

Similar wording

of the ground floor

Similar wording

And is the intent? Okay, they're going to be live work.

Similar wording

That'd be ideal and make them more affordable for artists. Yes.

Similar wording

The questions questions from our attorney, Hillary Emerson.

Similar wording

Not at this time, Mr. chair.

Similar wording

Questions or comments from the virtual audience.

Similar wording

No, hands up at this time.

Similar wording

chair planning commission amy boy with the planning commission when the district plan was

Similar wording

written this parcel was wrapped i2 medium industrial the plan recommended no change

Similar wording

and in 2016 the property was remapped ir max industrial residential mixed use the proposal

Similar wording

for ground floor residential is in character with the surrounding neighborhood and will have minimal

Similar wording

impact on surrounding properties the planning commission recommends the board grant the

Similar wording

requested variance for ground floor residential thank you thank you MI 2025 0060682009 North

Similar wording

Howard Street I vote yes Michael Johns my vote is yes Cheryl Gaston my vote is yes Tanetta Graham

Similar wording

my vote is yes my McAdams my vote is yes my vote is yes thank you very much have a great day okay

Similar wording

Okay. Number two, MI 2025, 004-573-1715-68th Avenue. Olivia Gabriel is the attorney.

Similar wording

They're being promoted to panelists.

Similar wording

Okay.

Similar wording

Good afternoon, everybody.

Similar wording

My counsel, could you please state your name and spell for the stenographer?

Similar wording

Yes, good afternoon.

Similar wording

My name is Olivia Gabriel, O-L-I-V-I-A-G-A-B-R-I-E-L, and I am counsel for the applicant.

Similar wording

all right do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes did you identify your client a relationship to the property yes my client is 66 beachwood

Similar wording

properties llc and i also have the owner of the llc sundra heman present all right thank you um

Similar wording

is that an rco letter there hillary we do

Similar wording

it looks uh looks like it we had not yeah we haven't we have not received the rco letter am

Similar wording

i right oh sorry this might be from the other one oh yeah right well uh counsel do you have

Similar wording

a letter from the rco i requested it i have not received that i we did have a meeting okay our

Similar wording

vice chair has a few questions for you and then we'll proceed okay good afternoon have you um

Similar wording

submit your documents and exhibits five days in advance of this hearing yes okay and do you waive

Similar wording

the reading of the refusal and stipulate to its accuracy yes okay thank you you can share your

Similar wording

screen and begin your case thank you um i did submit omitted exhibits to include uh tax clearance

Similar wording

certification and with the board permission i will submit another um omitted exhibit i because

Similar wording

i have labeled some of the photos to reflect uniformity with the plan with the rendering

Similar wording

and i will share screen

Similar wording

All right, so the property is located at 1715 60th Avenue.

Similar wording

When my client purchased the property in 2021, they believed that they were purchasing a

Similar wording

property that was zoned for four units.

Similar wording

and one of the reasons why they believe that it was zoned for four units is because the previous

Similar wording

owner gave them a rental permit for four units. After they purchased the property, they started

Similar wording

to make cosmetic renovations and unfortunately the cosmetic renovation took longer than they wanted

Similar wording

due to COVID, limited funds and illness. The work was not completed until 2023 and they purchased

Similar wording

the property in 2021. When they attempted to renew the rental permit, that's when they found out

Similar wording

that the property was actually zoned for three units, not four units.

Similar wording

So this is the refusal, and the reason for the refusal, whereas the proposed use multifamily

Similar wording

unit four unit is prohibited, but it's already zoned for three units.

Similar wording

And this is our application for appeal.

Similar wording

there is no there is no renovated renovation all renovations have been made already

Similar wording

this is just to legalize what already exists

Similar wording

um this was our letter for our public meeting we did have a public meeting in

Similar wording

november of 2024

Similar wording

This is her tax clearance.

Similar wording

This is a copy of the rental permit from the previous owner.

Similar wording

As you can see, number of units 4, 1715, 68th Avenue.

Similar wording

And this is dated 2020.

Similar wording

And my client purchased the property in 2021.

Similar wording

This is our posting, our posting, and this is what we posted on the property.

Similar wording

All right.

Similar wording

So I'm going to go over the rendering just to show the layout of the property.

Similar wording

So it's three floors.

Similar wording

On the ground floor, there are two efficiencies.

Similar wording

on the first floor there is a two-bedroom two baths and on the second floor there is another

Similar wording

two-bedroom two bath all right all right so on the ground floor we have the two efficiencies

Similar wording

Studio A and Studio B. This is the general living area for Studio A. This is the bathroom

Similar wording

and kitchen area. And Studio B is a mirror of Studio A. We have the living area, the bathroom

Similar wording

and the kitchen. On the first floor, we have a two-bedroom, two-bath. Alright, so

Similar wording

this is the living room area. This is the kitchen. This is the first bathroom. This

Similar wording

This is the first bedroom, the second bedroom, and there is an ensuite bathroom.

Similar wording

And this is the second floor.

Similar wording

The layout is similar.

Similar wording

We have the kitchen area.

Similar wording

area, we have the bathroom, and we have another bedroom here and a bathroom. I'm sorry, a

Similar wording

living area and there is the bathroom I mean the bedroom in the bathroom

Similar wording

And there is the bathroom, I mean, the bedroom and the bathroom.

Similar wording

So this is the side of the property.

Similar wording

And the white portion is the front of the property.

Similar wording

And once we go up the steps, then you can go to the first and second floor.

Similar wording

To access the ground floor apartments, these are the two doors on the side.

Similar wording

And this is the overlay. As you can see in the neighborhood, we have many mixed use properties.

Similar wording

These, there are some buildings with nine units, seven units, and four units.

Similar wording

We have taken some photos of the inside of the units.

Similar wording

The first one, this is the ground floor studio A, the living area, the bathroom, kitchen,

Similar wording

the bedroom area. And studio B is a mirror of studio A, kitchen, laundry area, the living area,

Similar wording

bathroom area. This is the first floor, two bedroom, two bath. This is the, trying to make

Similar wording

it a little bigger. Oops, oops. Oh, maybe I should not have done that. Okay, here we are.

Similar wording

Okay, living area, bathroom, number one, living area, let me make sure that I stayed where

Similar wording

I was, sorry.

Similar wording

Okay, first floor, two-bedroom, two-bath, okay.

Similar wording

Okay, second floor to bedroom to bath,

Similar wording

bedroom one, bedroom two,

Similar wording

bathroom one, bathroom two, kitchen, living area.

Similar wording

Okay.

Similar wording

Okay, this is an outside photo of the property.

Similar wording

I'm going to reduce this indulgence, please.

Similar wording

Okay, there you go.

Similar wording

Okay, so this is the side of the property.

Similar wording

You can see a posting.

Similar wording

Okay, this is the back of the property.

Similar wording

This is a parking area for two cars.

Similar wording

only two tenants drive so there is only two spaces needed but in the future if

Similar wording

more spaces are needed there is on street parking. This is the front of the

Similar wording

property. Here it is and you can see there are five meters each one of the

Similar wording

units have their own meters, and there is one meter for common area. This is for tax clearance.

Similar wording

This was the permit for the previous owner, and this was the application in 1959

Similar wording

for the three units. I believe in 1959 that's when they receive

Similar wording

permission to have three units but between 9 15 59 and prior to my client purchasing the building

Similar wording

it became four units you don't know exactly when that happened

Similar wording

and this was our notice for the meeting

Similar wording

this is the deed of the property. All right.

Similar wording

That's the extent of my presentation. My client is present,

Similar wording

cindra hemens that's a bring your client on please

Similar wording

can that person raise their hand

Similar wording

all right here she is

Similar wording

could your client please state your name and spell for the sonographer

Similar wording

Unmute, please.

Similar wording

Could you unmute?

Similar wording

That's it.

Similar wording

Could you please state your name and spell for the stenographer?

Similar wording

Sandra Hemans, S-A-N-D-R-A, last name H-E-M-A-N-S.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Counsel, please proceed.

Similar wording

Thank you.

Similar wording

Ms. Hammond, you heard the content of my presentation?

Similar wording

Yes.

Similar wording

And to the best of your ability, is that accurate?

Similar wording

Yes.

Similar wording

And do you adopt it as a testimony?

Similar wording

Yes.

Similar wording

Is there anything else you would like to add to what I have presented so far?

Similar wording

um just that it would be i'm appealing hopefully to get this unit to remain a four

Similar wording

because it would be a considerable hardship for me if it has to be less than four units

Similar wording

hence the amount of time unfortunately that it has already taken me to get it up and in

Similar wording

and i would just appreciate it questions from the board

Similar wording

are these are all the units occupied yes so all the units are occupied can you go back to the

Similar wording

unit layouts yes the floor plans

Similar wording

so

Similar wording

so you're so you have the garage what's the garage being used for because you've got

Similar wording

parking in the rear for two cars you said so what's the garage being used for

Similar wording

right now i just have it for storage that's it

Similar wording

and the two units that are on the first floor they're just efficiency units is that what this

Similar wording

is yes because i don't see it i see a bathroom and a room and a sink i don't see like a full

Similar wording

kitchen like house where's the kitchen the kitchen where that sink is is that where the kitchen is

Similar wording

yes it's like a kitchenette so that's in that that sort of hallway space or space across from

Similar wording

the closet that's where the kitchen is that's the kitchenette for these basement units yes

Similar wording

well the studios and the living sleeping area is the larger room

Similar wording

any other questions yes where's the trash store for all the units

Similar wording

the two efficiencies they like to use in the back of the building

Similar wording

where the cards are parked for their trash cans and their recycling bins

Similar wording

the other tenants they like to use the lower portion of the front porch to store to keep their

Similar wording

cans

Similar wording

other questions

Similar wording

counsel i i i'm sure our attorney's going to explain it but

Similar wording

we don't believe that the parking is legal in that back lot am i right hillary so would you

Similar wording

want to take that that's that's correct there's no parking noted in the refusal and it doesn't

Similar wording

look like there's actually curb cuts there it looks just like broken up curb for people driving

Similar wording

over it um and i didn't see any prior permits for the parking um and because it's in the rear yard

Similar wording

this is an rsa5 it probably would actually require a variance to have parking spaces there

Similar wording

unfortunately that's not something that we can add to this application because it's change of use

Similar wording

but i just wanted to flag that because you may want to submit a separate zoning permit application

Similar wording

and get a variance to legalize that parking if you want to continue using it.

Similar wording

um and and get a variance to legalize that parking if you want to continue using it thank you

Similar wording

the questions or comments from the audience the virtual audience

Similar wording

there there are no hands raised at this time planning commission

Similar wording

amy boy with the planning commission the comprehensive plan recommends no change in

Similar wording

zoning at this location from the current rsa5 residential single family this property has a

Similar wording

documented history of of multi-family use and there is a 1959 permit to change from two to

Similar wording

three family and a subsequent rental license for four family the planning commission recommends

Similar wording

the board grant the requested variance for four family mi 2025 is zero zero four five seven three

Similar wording

1715 68th Avenue. I vote yes.

Similar wording

Can we provide though that the trash

Similar wording

not be stored in the front of the house?

Similar wording

It's not

Similar wording

I'm sorry. It's not

Similar wording

being stored at the front of the house. I believe

Similar wording

it was moved

Similar wording

from here

Similar wording

to

Similar wording

Ms. Jimine, is it here

Similar wording

where you see the cursor?

Similar wording

um yes i've originally placed all the garbage cans under the mailbox they didn't like it there

Similar wording

so some put it in the back where it's convenient for them and the other remaining tenants they

Similar wording

like to use this lower portion of the porch for their um trash can we say where we wanted to and

Similar wording

not say we're not to or um we yeah it's hard because there's you know four different units

Similar wording

with different entrances and different ways to access the trash um i mean in this case it may be

Similar wording

it may be actually easier to say no storage of trash on um front porches okay um so let's go

Similar wording

back mi 2025 004 573 17 15 68th avenue i vote yes with proviso no trash stored on front porches

Similar wording

michael johnson my vote is yes with proviso charl cast and my vote is yes with proviso

Similar wording

tenetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso

Similar wording

thank you counsel thank you very much sure thank you thank thank you ma'am mi2025 005892 1341

Similar wording

East Oxford Avenue. Kevin Goldsmith is the current owner. This is a pro se. There's a letter of

Similar wording

support from Fishtown neighbors. The vote was 19 in support. Two of them were near neighbors. One

Similar wording

in opposition. Three abstained. The letter of non-opposition from Councilmember Young.

Similar wording

Chair, we have a hand raised from Trina Clark.

Similar wording

um she submitted the exhibits we can see if um the owner is with her

Similar wording

and i'm being advised that the owner is with her thank you

Similar wording

good afternoon yes i do have the owner with me and we can present the okay so

Similar wording

all right so the owner will be the one testifying okay yes okay so mr goldsmith could you please

Similar wording

state your name and spelled for the stenographer yes good afternoon committee my name is kevin

Similar wording

goldsmith k-e-v-i-n-g-o-l-d-s-m-i-t-h right do you swear or affirm to tell the truth the whole truth

Similar wording

and nothing but the truth yes this application is for the relocation of lot lines to create two lots

Similar wording

lot one and lot two from an existing single lot on each lot the existing three-story semi-detached

Similar wording

structures to remain for use as single family and household living the minimum required side yard

Similar wording

is five feet whereas 2.8 is proposed you have letter of support from Fishtown and non-opposition

Similar wording

from Councilman Young

Similar wording

and our Vice Chair

Similar wording

has a few questions

Similar wording

for you, sir.

Similar wording

Good afternoon.

Similar wording

Have you submitted

Similar wording

your documents

Similar wording

and exhibits

Similar wording

five days

Similar wording

in advance

Similar wording

of this hearing?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

And the Chair

Similar wording

just read your refusal.

Similar wording

Do you waive

Similar wording

your reading

Similar wording

of the refusal

Similar wording

and stipulate

Similar wording

to its accuracy?

Similar wording

Yes, I do.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

You can share

Similar wording

your screen

Similar wording

and proceed

Similar wording

with your case.

Similar wording

okay mr goldsmith why don't you start and tell us what you want to do

Similar wording

Okay. I'm having a hardship right now with a tangled title. I need to divide the deeds

Similar wording

okay i'm having a hardship right now with a tangled title

Similar wording

to separate single-family homes with separate OPA numbers. And there's no development and

Similar wording

there's no construction going on. Everything is the way we purchase the homes.

Similar wording

And both are single-family homes.

Similar wording

Yes, correct. They have their own entry, own yards, own individual side entries. We did

Similar wording

no construction this okay they have two separate opa numbers two separate waters uh bills and

Similar wording

and two separate tax numbers already existing already so you want to create two lots yes

Similar wording

because they're under 1d all right could you show us the rest of your photos

Similar wording

okay we have we have all your documents that you submitted

Similar wording

Right now, this is the property, my info as the property owner for 1341 East Oxford.

Similar wording

Yep.

Similar wording

And this is the OPA for 1343 showing that I'm the owner of another existing home.

Similar wording

okay

Similar wording

this is this is the deed yep

Similar wording

now this is this is the zba posting that i put up for the committee for the fish town committee

Similar wording

that's the zoning notice yep

Similar wording

that's mr everett's letter and this is this is the approval from fishtown neighborhood association yep

Similar wording

and now this is the plan in which i was approved also from the commission

Similar wording

That's the survey, the survey report, now this is the floor plan for 1341 East Oxford

Similar wording

shown that has its own floor plan and this is the floor plan for 1343 East Oxford Street the one

Similar wording

next door. All right. So now these are pictures of 1341 East Oxford Street of the bathroom

Similar wording

bedroom, and kitchen, and living room. Now these pictures are the house next door which

Similar wording

is 1343 East Oxford, living room and kitchen also, bedroom, bathroom, and this is the exterior

Similar wording

of their homes you can see one side is different compared to the other one two separate properties

Similar wording

now this is the um information the um the proof of my mailing the receipts

Similar wording

yep and also all the uh addresses for the letters that we sent out

Similar wording

are you through yes questions from the board

Similar wording

questions from our attorney Hillary Emerson

Similar wording

um i just wanted to to note that um there is there are outstanding um taxes due on this property

Similar wording

delinquent taxes so we will need to hold this until we have proof that those have been paid

Similar wording

okay so yes ma'am i'm having trouble hearing you i'm a little hard of hearing so i might have um

Similar wording

My expert dad had tried to help me interpret the questions so I can answer them correctly.

Similar wording

Well, it wasn't a question.

Similar wording

No, it wasn't a question.

Similar wording

I was just letting you know that the board won't be able to vote on this today because there are delinquent taxes on the property.

Similar wording

won't be able to vote on this today because there are delinquent taxes on the property

Similar wording

yes that's that's one of the reasons why i'm here also because i went to apply

Similar wording

to refinance and that's when it came up that they did not like to to borrow the money to to

Similar wording

re um catch up with my taxes i was trying to refinance and the dj i was gonna say once we

Similar wording

have um proof that i believe it's the 2025 taxes have been taken care of either by agreement or

Similar wording

paid in full then the board will be able to vote on this matter okay this is the real estate taxes

Similar wording

you're asking for that is correct okay for for both properties um well one one is caught up 1340

Similar wording

uh i think 1341 is still owed for 2025 i believe yes yeah i could take care of that matter asap

Similar wording

okay all right that'll be great just let us know and submit proof of that and then the

Similar wording

board will be able to vote on this matter questions or comments from the virtual audience

Similar wording

chair we have one hand up from robert uh fna zoning chair i think that's rco chair

Similar wording

mr everett there i'm muted mr everett could you please state your name and spell for the

Similar wording

stenographer yes uh robert first name rob e r t last name everett e v e r e double t

Similar wording

do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes i do please proceed sir uh just certain sweet we've thoroughly uh right behind kevin and his

Similar wording

efforts to get his tangled title and his his issues cleared up so as soon as he gets that done and

Similar wording

gets back to you we're fully in support all right thank you mr everett as usual um anyone else in

Similar wording

the audience planning commission chair there are no hands at this time thank you i appreciate that

Similar wording

Amy Boyd with the Planning Commission. The comprehensive plan recommends no change in zoning at this location from the current RSA 5 residential single family. The relocation of lot lines is proposed to reflect the separate attached row homes, bringing the properties more into alignment with the spirit of the code. The side yards configurations are existing. The Planning Commission recommends that the board grant the requested variances for side yard depth.

Similar wording

all right so mr goldsmith you you've been told once you have that done just let us know and

Similar wording

we'll get it back yes i will i will take care before the end of this week all right thank you

Similar wording

very much i appreciate it thank you thank you thank you thank everyone and listening i appreciate it

Similar wording

see i'll be with you in one minute

Similar wording

MI-2025-006-132, 9533-35 Busselton Avenue, Gabriel Fellas, Alec Sokoloff, or the attorneys?

Similar wording

They're being promoted to panelists, Jerry.

Similar wording

All right.

Similar wording

good afternoon chair members of the board mr sokolov how are you sir could you please state

Similar wording

your name is spelled for the stenographer absolutely oleg sokolov oleg s-o-k-o-l-o-v

Similar wording

you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

I do uh could you identify your client a relationship to this property my client is

Similar wording

saas financial llc on the line uh later for the board's questioning and adoption of testimony is

Similar wording

agi george managing member of the limited liability company there's a letter of support

Similar wording

with provisos from greater bustleton civic association our vice chair has a few questions

Similar wording

sure good afternoon have you submitted your documents and exhibits five days in advance of

Similar wording

this hearing uh good afternoon miss win yes we have okay it's miss graham but oh i'm sorry

Similar wording

that's okay do you waive the reading note of refusal and stipulate to his accuracy

Similar wording

yes we do i'm sorry i had a different screen i'm sorry i couldn't see who was talking but

Similar wording

that's okay you can see your screen proceed with the case thank you very much

Similar wording

all right is everybody able to see that

Similar wording

Yeah. Great. So here we have an amended refusal. We originally submitted this. Well, let's go into the refusal. So this is located in CA1 district where personal vehicle repair and maintenance is prohibited.

Similar wording

that is what we're seeking to do now the original refusal which I'll show and just in the context

Similar wording

of working with the RCO was to use the property for both vehicle repair and a self

Similar wording

to use the property for both vehicle repair and a self-serve car wash.

Similar wording

After meetings with the RCO and hearing the RCO feedback,

Similar wording

we have decided to omit the car wash aspect of this request.

Similar wording

So this is an existing structure.

Similar wording

We're not building anything.

Similar wording

A little bit about the history of this property.

Similar wording

This property has been a car wash since 1990 when it was built, just as a bit of novelty.

Similar wording

I remember using this car wash when I lived in that neighborhood as a kid, so it's definitely been there for a long time.

Similar wording

So I think it has been vacant for some time, so repurposing it now for vehicle repair I think is a great use.

Similar wording

As you can see, and you'll see later in the letter of support from the RCO, what we've agreed to is using, it currently has four bays.

Similar wording

We are going to be using one of the bays for office and storage, and the three remaining bays that are currently just car wash ports will just be for vehicle repair.

Similar wording

And then there's like a long vestibule that's going to be mechanical rooms, and there's a bathroom in the back.

Similar wording

So this is the property, like I said, many of you may be familiar with it.

Similar wording

It's located on Busselton Avenue, right between Grant and Murray, and it's quite a big lot.

Similar wording

it's actually 9533255 busselton so it's it's a double lot there we're not going to be changing

Similar wording

anything to the outside characteristics of the property except for and as part of the

Similar wording

discussion and proviso per the rco letter of support we are going to be removing these vacuums

Similar wording

some of the discussion with the rco was about excuse me noise it directly abutting the property

Similar wording

to the right and left are commercial uses but behind it is a residential neighborhood

Similar wording

so we want to make sure that we don't have any kind of noise going on so these vacuums will be

Similar wording

removed as the board well knows this is a very commercial corridor here on busselton avenue

Similar wording

there is a gas station not quite catty corner but a little further down on um i believe red line

Similar wording

right there up excuse me not red line um either way a few a few blocks down this is the inside of

Similar wording

the ports and the back of the property

Similar wording

as i said the the neighborhood is definitely a commercial corridor the entirety of this

Similar wording

block between Murray and Grant is CA1. And these are the residential communities that I was

Similar wording

discussing that directly above the back of the neighborhood, excuse me, of the property.

Similar wording

The board has granted similar variances in the neighborhood. We could find two within about a

Similar wording

mile radius, a little less actually, that were both CA1s where personal vehicle repair and

Similar wording

maintenance was granted at 1614 grant and then personal vehicle repair maintenance and a car

Similar wording

wash and automatic car wash was granted at 9201 Cruz Town Road. This is our second letter notice

Similar wording

to nearby residents. As I said, we had two meetings with the RCO, so I'll go through both of them. The

Similar wording

And just for a little bit, this is again the amended refusal that was sent out.

Similar wording

Here is our letter of support from the Greater Russelton Civic League.

Similar wording

And here are the provisos that we've agreed to after two meetings.

Similar wording

So no part of the structure would be used as a car wash.

Similar wording

We'll be installing noise reduction panels at the rear wall of the garage, and we'll

Similar wording

be eliminating the outdoor vacuums. This is a petition of support that our client had signed

Similar wording

by some nearby neighbors. So we have seven signatures of support. It's a similar owner

Similar wording

for many of these. This property was purchased in July of 2024 by SAAS Financial. Here's the deed.

Similar wording

Our application for appeal, our project information form.

Similar wording

Our application for appeal.

Similar wording

Our notice poster is posted at the property, a little zoomed in, you can see for today's

Similar wording

date. Proof of tax compliance. This was an outstanding balance that, if the board could

Similar wording

see, was just paid on the 30th. And then we have two sets of our certificates of mailing,

Similar wording

these being for the original meeting which was on in december

Similar wording

and then these being you can see in january date for our january 29th meeting

Similar wording

that concludes my presentation before the board if i could bring on

Similar wording

the managing member of the llc mr agi george could you raise your hand please

Similar wording

mr george yes i'm sorry mr george could you please state your name as spelled for the stenographer

Similar wording

um my name is aji george that's a-j-i-g-e-o-r-g-e you swear or affirm to tell the truth the whole

Similar wording

truth nothing but the truth sir i do sir counsel thank you um mr george you heard my testimony

Similar wording

before the board today yes sir and would it be accurate to say that it's true and correct to the

Similar wording

best of your knowledge yes sir and would you adopt that testimony as your own i do is there anything

Similar wording

you'd like to add for the board's consideration of this matter i just wanted to um to say that i i

Similar wording

I did work with the RCO committee and tried to address all the issues, and we have come

Similar wording

to an agreement of actually, you know, whatever the demands were to meet those demands.

Similar wording

Thank you, Mr. George.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

Any body work planned to be done here?

Similar wording

No body work, no paint.

Similar wording

No body work, no paint.

Similar wording

Okay.

Similar wording

what is your plan for hazardous i'm sorry since you brought up the issue we're not going to be

Similar wording

selling tires we'll be doing tire rotations and balancing and things of that nature

Similar wording

what's your plan for your trash and hazardous waste um there is an area in the back that's

Similar wording

going to have the compliant types of cans that are required for for all of that waste

Similar wording

and Mr. George if you have more details on that would you address Mr. John's question

Similar wording

yeah well I will be probably putting a dumpster in the back which is going to be recycled whatever

Similar wording

needs to be done to meet the compliance I will do that the trash I will be placing the back

Similar wording

anywhere there's plenty of property in the back to place those trash so people's all right so

Similar wording

is there a plan for a uh removal like every week we i mean i see i understand you're going to be

Similar wording

dumping in the back but how often are you going to be removing the trash and taking it to the

Similar wording

appropriate uh dump sites or we have a contract in place or plan to have a contract in place

Similar wording

Yeah, we're going to have a service available for this.

Similar wording

So it will be automated in the sense that, you know, we're going to have someone come

Similar wording

in and take the dumpster.

Similar wording

So it won't be myself practically removing it.

Similar wording

It will be a company that will be doing it.

Similar wording

Okay.

Similar wording

Are you done, Mike?

Similar wording

Oh, go ahead.

Similar wording

Yeah.

Similar wording

Okay.

Similar wording

Okay. All right. So you're removing the vacuum that I'm seeing here in this picture. Don't move.

Similar wording

This is actually the back of the property. There is one vacuum here. All of the vacuums will be

Similar wording

removed. This is the front of the property here. Let me make that a little bigger for you,

Similar wording

Ms. Gaston. If you can see it, this is Busselton here. So this area right in front of the shrub

Similar wording

has two vacuums i believe uh which you're seeing here as well okay those those will be removed

Similar wording

all right and then where is this back wall what is this this noise

Similar wording

Where is this back wall? What is this noise reduction wall at the rear of the garage?

Similar wording

So the rear of the property, although it's substantially set back from the residential neighborhoods that you'll see here in the zoning map, I don't know if that's too small, but you'll see that the lot line itself abuts a RSD3 district that has a PUD, a collection of homes.

Similar wording

But we're talking about, Audrey, what would you say is the distance between the building itself and the back of the property?

Similar wording

I think it's about 70 feet, I believe it is.

Similar wording

Okay. So despite that, the way it's set up right now is this is a double bay.

Similar wording

That's not going to be a double bay. It's going to be just drive in and drive out the front.

Similar wording

So this back wall will have noise reduction put in to address the community's concern of any noise going back towards that residential area.

Similar wording

So when you say you're going to install the wall, is the wall just that part of it?

Similar wording

It will be inside those doors. So it will be the inside part.

Similar wording

yeah it's they're like um if you've ever seen like recording studios or anything like that

Similar wording

they're like sound insulation panels basically gotcha okay and uh we already talked about the

Similar wording

removal of like the hazardous are you doing like oil changes and things like that fluids

Similar wording

that kind of thing is that yes ma'am i'm planning on doing oil change breaks inspection

Similar wording

okay and tire tire just will be rotations and balancing okay so you won't be stirring any tires

Similar wording

okay all right thank you thank you miss gassi

Similar wording

hillary all these changes in the amended refusal

Similar wording

so personal vehicle repair and maintenance encompasses both a car car wash and

Similar wording

Repair service, so I, I'm trying to remember what was exactly changed about the refusal. I can, I can bring up the original refusal. Yeah, if you don't, you don't mind. I think it was just a minor change if I recall.

Similar wording

Yes, so the way it was originally written is personal vehicle repair and maintenance in two bays, two and three.

Similar wording

Um, with accessory office and storage and bay four and an existing car wash in one of the base.

Similar wording

And the amended.

Similar wording

just has three bays as repair and one as uh one is office so okay all right we're okay with that

Similar wording

whole resentment um if you're able to see that i think yeah i think it's fine like i said i

Similar wording

believe that car wash is encompassed in personal vehicle repair and maintenance but they've they've

Similar wording

agreed with the community to i mean they took that off of the refusal so right okay and and if it if

Similar wording

behooves the board to to approve this and you know a stated proviso that this won't be there

Similar wording

will be no car wash here and my 2025 0 0 6 1 3 2 9 5 3 3 to 35 bustleton planning commission oh

Similar wording

did i miss planning and then i think oh my god i think um uh alice udivich from council member

Similar wording

o'neil's office that has her hand raised as well okay all right no i'm getting i'm getting a little

Similar wording

excited here but we're ready to break we're ready to break it right now um comments from the virtual

Similar wording

audience chair we have alice udovich with their hand raised hi alice

Similar wording

good afternoon chairman members of the board alice yudovich on behalf of councilman brian o'neill

Similar wording

you've already been sworn just start your testimony thank you the councilman has no

Similar wording

objection to the granting of this variance and agrees with the provisos requested by the greater

Similar wording

busselton civic league thank you um planning commission the board with the planning commission

Similar wording

the comprehensive plan recommends a change in zoning at this location from the current

Similar wording

say one commercial auto oriented to cmx2 commercial mixed use the property has a documented history

Similar wording

of personal vehicle repair and maintenance since at least 2007. the planning commission recommends

Similar wording

that the board grant their requested variance for personal vehicle repair and maintenance

Similar wording

Thank you.

Similar wording

MI-2025-006132-9533-35

Similar wording

20, 25, 0, 0, 6, 1, 3, 2, 95, 33 to 35, Busselton Avenue.

Similar wording

I vote yes with proviso per amended refusal dated 12, 30, 25, and no car washing.

Similar wording

Michael Johnson, my vote is yes with proviso.

Similar wording

Charles Gaston, my vote is yes with proviso.

Similar wording

Tanetta Graham, my vote is yes with proviso.

Similar wording

Ryan McAdams, my vote is yes with proviso.

Similar wording

Taya Nguyen, my vote is yes with proviso.

Similar wording

Is there anyone in the audience whose 2 p.m. case has not been called?

Similar wording

Members of the board, thank you. May I have an excuse?

Similar wording

Yes, sir.

Similar wording

It was nice to see everyone.

Similar wording

Thank you very much.

Similar wording

Thank you.

Similar wording

Thank you, everyone.

Similar wording

Chair, there are no hands up at this time.

Similar wording

Move right into the 3.30 list.

Similar wording

Good afternoon, everyone.

Similar wording

My name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board of Adjustments.

Similar wording

With me is our board vice chair, Tanetta Graham.

Similar wording

Present, Mr. Chairman.

Similar wording

our Board Secretary, Cheryl L. Gaston. Present, Mr. Chairman. Our Board Member, Michael Johns.

Similar wording

Present, Mr. Chairman. Board Member, Ty Wynn. Present, Mr. Chairman. Board Member, Ryan McAdams.

Similar wording

Present, Mr. Chairman. Also present is our Board Attorney, Hillary Emerson, our Zoning Board Director,

Similar wording

Ian Haggerty, and our Board Administrator, Lakeisha Dandy. A recording of this hearing will be posted

Similar wording

on the ZBA website. By participating, you consent to be recorded. This is an in-person meeting with

Similar wording

remote capabilities whether remote or in person if you're called to speak just state and spell

Similar wording

your name and then wait to be sworn in once you've been sworn in please state your name each time

Similar wording

before beginning your testimony any person may enter their appearance to become an interested

Similar wording

party to a case there are three ways to enter your appearance you can identify the case property

Similar wording

address on your zoom webinar you can see a staff member or you can call this eba appearance line

Similar wording

by the close of business tomorrow call 267-270-5548 leave a message that includes your

Similar wording

email address and the address of the property of the appeal the following is is a guide for

Similar wording

our remote attendees when directed you must raise your virtual hand in order to be recognized to

Similar wording

speak if you're called to testify you will be prompted to join as a panelist before before

Similar wording

or please accept the request and then turn on your camera the webinar Q&A is for questions

Similar wording

about the hearing do not comment on cases in the Q&A if you're participating by participating

Similar wording

by phone press star 90 raise your hand and star six to unmute so let's look at our schedule for

Similar wording

afternoon number one mi 2025 000 792 26 2061 bybury road this case is continued until 6 10 26 at 3 30

Similar wording

p.m and number three mi 2025 004 950 2342 east huntington street that case is continuing until

Similar wording

6 10 26 at 3 30. we're going to go to number two mi 2025 004 747 1966 to 68 bridge street joseph

Similar wording

Vaccaro is the attorney.

Similar wording

They're being promoted to panelists, Chair.

Similar wording

Yep.

Similar wording

Good afternoon, members of the board.

Similar wording

Good afternoon, counsel.

Similar wording

Just state your name and spell it, please, for the stenographer.

Similar wording

May it please the board.

Similar wording

joseph vicaro va ccaro on behalf of the applicant b15 enterprise the owner of the property

Similar wording

and i and i have in the room brian the de la nueces okay remember all right mr vicario you've

Similar wording

already been sworn in so our vice chair has a few questions for you but before we start

Similar wording

there's unanimous support from frankfurt neighborhood advisory committee and a letter

Similar wording

non-opposition from council member lozada thank you good afternoon um have you submitted your

Similar wording

documents and exhibits five days in advance of this hearing yes i did okay yes and do you waive

Similar wording

the reading of the refusal and stipulate to its accuracy yes i do all right thank you

Similar wording

can share your screen and proceed with your case okay thank you very much find the exhibits

Similar wording

do you see a refusal um yes okay very good so brian through his uh llc b15 enterprise had per

Similar wording

Brian, through his LLC, B15 Enterprise, had purchased the property in question on February 11th of 2025, and he is here to seek approval for four dwelling units on the property.

Similar wording

Let me get to the photos. So the refusal specifically states that the proposed four dwelling units is expressly prohibited in RSA 5. So the building is still zoned as RSA 5. Yet there was a restaurant and a beer distributorship down on the first floor.

Similar wording

he's currently not using the restaurant or the beer distributorship either as a

Similar wording

tenant or as an occupant so those two spots and I'm going to show you in the

Similar wording

photographs show a Chinese restaurant and a beer distributorship those two

Similar wording

spots are still empty even though the signs are still up they haven't been

Similar wording

removed those are still empty again the the proposal is for four dwelling units

Similar wording

if I could go to the plans and the photographs scrolling down here's a

Similar wording

picture of the building we're starting with a picture of the building as I had

Similar wording

testified earlier here's the beer and Chinese food restaurant which is closed

Similar wording

he has other plans for that at the appropriate time under separate

Similar wording

applications here's a here's the corner of the building on the Jackson Street

Similar wording

side here's the entrance to where the units would be the staircase going up

Similar wording

and here is inside unit a we're calling it unit a or unit one there's some

Similar wording

laundry facilities and the front door to unit a with a restroom bedroom living

Similar wording

room another bedroom kitchen and dining area and here's unit b the same thing another bedroom

Similar wording

with a living room area restroom unit c has a restroom bedroom

Similar wording

kitchen and dining area and unit d same thing restroom bedroom kitchen and dining area we

Similar wording

have our letter of support. And the tax clearance, it may show a $4,924 balance. With respect to that,

Similar wording

the taxes are due at the end of March, it's my understanding. And he has a mortgage on the

Similar wording

property. And the mortgagee is Velocity Commercial Capital. And they're the ones that pay the

Similar wording

mortgage. So even though there's a balance showing, it's paid through his mortgage.

Similar wording

So, if you could see the previous years, everything's all been paid off.

Similar wording

We actually have a credit of $182 from the previous year.

Similar wording

If he were making the payments personally, there wouldn't be any credits, and then there's

Similar wording

zero balance going all the way down.

Similar wording

if I could show you the plans

Similar wording

just if a car this is existing right yes it is existing and how long has it been

Similar wording

four units well he purchased it as such when he purchased the building he didn't

Similar wording

realize that there was that there was no zoning all right okay I'm looking for

Similar wording

the plans they're in my packet and I could point out where everything would

Similar wording

be

Similar wording

here we go

Similar wording

so the four units that would be split between the second and third floor

Similar wording

and if I could zoom in starting with the second floor plan on the left and that's page 15 of 58

Similar wording

15 of 58. So you have a den, kitchen and living room area with a restroom.

Similar wording

so you have a den living in

Similar wording

Here's the other unit. If I could scroll this way. Kitchen and living room, bedroom.

Similar wording

room. So that's the, let me close this out. That's a third floor plan. I apologize. And then the

Similar wording

second floor should be up here. That's the retail area on the first floor. I'm looking for the

Similar wording

second floor plans, but they're in here. They're in here. While I'm looking, does the board have

Similar wording

any questions? Well, why don't we see the second floor? Is that it there?

Similar wording

That may be. It's labeled as third floor plan over here. Here in a second floor plan. I apologize.

Similar wording

I just needed to zoom out a bit. That was the third. Here's the second. So we have

Similar wording

kitchen and living area, two bedrooms with a restroom. Here's the hallway. Here we have a

Similar wording

restroom, kitchen and living area with a bedroom. So that's the second floor plan. And that's the

Similar wording

third floor plan that I just described earlier. So why don't you bring your client on, adopt your

Similar wording

testimony, and then we can have some questions. Sure. Brian, I'm going to turn the computer over.

Similar wording

brian um first of all he's going to ask you to swear to tell the truth okay so could you please

Similar wording

state your name and spell for the stenographer brian the last name is d-e-e-d-e-l-a-s-n-u-e-c-e-s

Similar wording

all right do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

I do.

Similar wording

Council.

Similar wording

Mr. Dillon-Weses, are you the owner of B15 Enterprise, the owner of the building?

Similar wording

Yes, correct.

Similar wording

And are you the sole member?

Similar wording

Yes, correct.

Similar wording

Did you hear my presentation to the board?

Similar wording

Is it true and accurate?

Similar wording

Would you make any changes to it?

Similar wording

No.

Similar wording

Would you adopt it as your own testimony if you were going to testify?

Similar wording

Okay.

Similar wording

Any questions, members of the board?

Similar wording

Questions from the board.

Similar wording

yes trash like how's the trash stored for are your units i know the commercial units are empty

Similar wording

right now but what's the difference between the trash the property the property already has a

Similar wording

so you already have commercial trash pickup yeah and it's and it's actually held in a parking lot

Similar wording

that's part of this property yes right next door okay did you hear that no why don't you go over

Similar wording

where it is first sure again there's a there's a parking lot which is part of this property

Similar wording

right next door which is part of this property that's where he keeps the dumpsters where they

Similar wording

get picked up where the trash gets picked up so so the tenants have to bring their trash down to

Similar wording

the dumpsters correct dumpers dumpsters that he provides yeah with commercial trash pickup

Similar wording

any other questions

Similar wording

yes and there is also ample parking there is also ample parking in that lot for the tenants

Similar wording

there's a question coming joe i'm sorry so when he purchased it there were two units

Similar wording

two residential units and the commercial units downstairs is that how this worked

Similar wording

There were two commercial units downstairs, but they were already empty when he had purchased

Similar wording

it, correct? So the two commercial units on the first floor, they were empty. He just bought it.

Similar wording

His main focus was on the four residential units that we're at, that we're discussing

Similar wording

on the second and third floor. Yes, but when he purchased it, the two residential units

Similar wording

that were existing, were they already approved?

Similar wording

The four residential units, they were not approved.

Similar wording

You had four units.

Similar wording

I'm sorry?

Similar wording

I'm going back to when he purchased the property, right?

Similar wording

Mm-hmm.

Similar wording

So there were two residential units

Similar wording

and then there were the commercial units, correct?

Similar wording

Incorrect.

Similar wording

There were two commercial units which were empty

Similar wording

and there were four residential units which we're trying to legalize there are four units okay four

Similar wording

Four units, okay.

Similar wording

Four apartments.

Similar wording

apartments

Similar wording

All right, okay.

Similar wording

I get it now. Okay. It's four residential and two commercial, but the commercial is empty and we're not here applying for the commercial yet.

Similar wording

Okay, thank you. Okay.

Similar wording

Thanks. Any other questions?

Similar wording

Questions from our attorney, Hillary Emerson.

Similar wording

I just wanted to note this case as in a couple other cases we've seen today I'm not sure that

Similar wording

the the parking that's on the property has been legalized so I just wanted to note that

Similar wording

for the record that could also require a variance based on its access point and location so

Similar wording

I just I didn't see anything in the zoning history or noted on the refusal about any existing parking

Similar wording

So, I just wanted to note that there may be separate approvals needed for that.

Similar wording

We'll seek them.

Similar wording

We will seek them shortly.

Similar wording

Questions or comments from the virtual audience?

Similar wording

This is Jason Hand.

Similar wording

I'm stepping in temporarily.

Similar wording

I do not see any hands raised for the matter.

Similar wording

Planning Commission.

Similar wording

Good afternoon.

Similar wording

Michael Gall with the Philadelphia City Planning Commission.

Similar wording

M-I-C-H-A-E-L-G-A-L-L.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I so affirm.

Similar wording

Please proceed, sir.

Similar wording

Thank you, sir.

Similar wording

The comprehensive plan recommends no change in zoning at this location from the current RSA 5 residential single-family attached.

Similar wording

The property has a documented history of two-family residential and commercial use, but there is no documented history of legal multifamily use.

Similar wording

The conversion to four residential units appears to have been undertaken without the benefit of permits.

Similar wording

the proposed four units is not the least minimum relief required the city planning commission

Similar wording

therefore recommends the board grant the requested variance for residential use but

Similar wording

with a recommended proviso of a maximum of two units

Similar wording

mi 2025 004 747 1966 to 68 bridge street i vote yes with previously approved uses um carried over

Similar wording

michael johns my vote is yes with proviso

Similar wording

my vote is no

Similar wording

tennetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso

Similar wording

thank you counsel thank you have a good day is there anyone in the audience whose

Similar wording

3 30 case has not been called

Similar wording

i do not see any hands mr chair

Similar wording

um um do we have any comments in the back relative to the time we're leaving

Similar wording

take care guys all right take care

Similar wording