Thank you.
Okay, Chair, we have 16 attendees, and we can start as you wish.
Thank you.
Good morning, everyone.
My name is Bill Bergman, and I will be chairing this morning's EPA hearings.
With me is our Vice Chair, Ishmael Shahid.
President, Mr. Chairman.
Our Board Member, Thomas Holloman.
President, Mr. Chairman.
And our Board Member, James Snell.
President, Mr. Chairman.
Also present is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sunken.
Here's our virtual format.
Be wise, the proceedings are being recorded.
The video will be available by contacting tanyasunkett at philo .gov.
For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267 -270 -5548.
Leave your email address and the address of the property in question. And finally,
the question answer box on the screen is not for comments or testimony. All comments should be
directed to our Executive Director, Tanya Sunkett. Let's look at our list for this morning and the
continuations that we have.
Number one, MI 2022 -005 -929 -7030 North Broad Street.
We have a request from the council person because the RCA meeting has not yet
occurred.
Is Christopher Brown in the audience?
no hash chair
MI 2022
005 929
7030 North Broad Street
this case is continued
mark must be tried
number
MI 2022 -005 -922, 1719th North 2nd Street, this case is continued.
Number 12, MI 2022 -002 -815 -3852 Germantown Avenue, this case is continued.
And number 13, MI -2022 -002 -764 -5235 Jefferson Street.
This case is continued.
Second listing.
Mark must be tried.
Is there anyone in the audience who has a question or a statement relative to the four cases that have been continued?
Good morning, Chair.
This is Fatina L.
I'll be your co -host this morning.
Thank you.
You're welcome.
I see no hands.
Okay. Are there any other requests for continuances?
I see no hand.
Thank you.
I'm sorry, Chair.
One just went up.
Last name ending in P -H -A -M.
Okay. Bring them on.
Okay. Please unmute yourself.
Good morning.
Good morning. Could you state your name, please, and spell for the court reporter?
My name is Kwong Dinh Pham, C -U -O -N -G, last name is P -X -A -M.
Right.
Do you swear, Fern, to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
What case do you want to talk about, sir?
It's, the case is MI2022002349.
I apply for a rezoning for three apartments, sir.
And you want to continue this case?
And you want to continue this case?
Yes, sir.
Yes, sir.
Excuse me, Mr. Chair.
This is Hillary.
And the address is 1129 South Indianapolis Street.
Mr. Pham, we have received all of your documents.
If you are able to proceed today, you can.
Yes, I prefer to proceed, please.
All right.
So we'll call you.
Your case will be called, sir.
We will call your case, okay? I'll let you know when to come back in.
All right. We're going to look at now cases that we don't have any documents for.
number four mi 2022 002 348 3218 holyoke road um we have no documents for this
wayne hoglin is the owner applicant this is the second listing
i see no handshare so number four mi 2022 002 348 3218 holy oak road second listing no one's
appeared i vote to dismiss thomas holloman my vote is to dismiss james snell dismiss
Ishmael Shaheed dismissed. Thank you. Number five, MI 2022 -005 -923 -547
High Street. Anthony Green is the listed owner. No exhibits. This is the first listing.
I see no handshare. So MI 2022 -005 -923 -547 High Street.
This case is continued, will be marked, must be tried.
Number seven, hold on one minute, I'm sorry.
I lost my page here, man.
Okay, number seven, MI 2022 -002 -346 -450 -North 61st Street.
This is the second listing.
no one appeared the first time.
Kennard McKenzie is the owner.
I see no hands, chair.
MI 2022 -002 -346 -450 -North 61st Street.
I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
Ishmael Shahid, my vote is to dismiss.
Thank you.
Number nine, MI 2022 -002 -353, 1601 Fraser Street.
Janice Ferguson is the owner.
This is no exhibits, second listing.
No one appeared at the first listing.
Janice Ferguson.
I see no hands, Chair.
MI 2022 -002 -353, 1601 South Fraser Street.
I vote this is dismissed.
Thomas Holloman, my vote is to dismiss.
James Snow, my vote is to dismiss.
Thank you.
We're going to go to our adwords.
Number one, MI 2022 -002 -233 -5807 -13 Germantown Avenue.
The vote on this matter will now be held on Wednesday, March 15th at 9 .30 a .m.
Number two, MI 2022 -005 -751 -7631 Algonne Street.
The vote on this matter is being held pending receipt of an amended refusal.
We're going to start our regular list.
We're going to go to number 10 first.
MI 2022 -002 -881 -1550 Lardner Street.
Josue Bonagre is the owner applicant.
There's a letter of opposition from Take Back Your Neighbors.
there's also a letter of support in a petition from 49 residents
chair we have someone with the name dame excuse me dean last name beginning in v
Last name beginning in V.
i'm gonna allow him to speak if that's okay
I'm going to allow him to speak if that's okay.
That's fine.
Sir, please speak and unmute yourself.
Yes, can you hear me, guys?
Yeah, good morning.
Could you state your name, please, and spell for the court reporter?
Yes, it's Dean Vassar, D -E -A -N -V -A -S -S -O -R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I'm the attorney.
Okay, you're the attorney.
Let's see here.
Could you identify your client in a relationship type property?
Yes, my client is Josney Bonigray.
Right.
He is the owner of the property.
Do you have your camera?
Could you go on camera for us?
Yes, give me a second.
Our vice chair has a few questions for you, sir.
yes good morning council do you agree to waive the reading of the refusal and stipulate to
his accuracy uh yes have you emailed all the required documents and exhibits five days in
advance i'm sorry you're not as clear i'm sorry can you hear me now uh yeah much better so have
you emailed all the documents and exhibits that are required to proceed with this case five days
in advance of this hearing? I believe there's two documents that we're missing. So my answer
would be no. All right. Please proceed to share your screen. We may not be able to vote on this
depending on the information you have, but we'll go through. I'm very sorry. I can't hear what you
said, that last part. I said we may not be able to vote on this case, but we will proceed depending
it on all the information you have okay all right please proceed to share your screen
oh just just a second i'm sorry
green button at the bottom
i'm uh i'm trying mike my computer just froze i think he just froze up yeah
want to try coming back in okay let me let me let me log out
there you go oh you can you see me i see you now okay this is um this is everything's frozen
you see a green button at the bottom i know my my my screen is completely frozen
i get the audio is working but i can't see you guys or
it's just completely frozen well why don't we do this why don't we come back to you
I want you to see if you can bring that around, and I'll call you back in about maybe 20 minutes.
All right.
Case number three.
MI 2022.
002 349.
1129 South 51st Street.
Kong FOM is the owner.
Mr. Fon?
I see no handshare.
He's in the audience. He just was on. Remember?
Yeah. It was coming up. I'm sorry. It was a little
delay with my... Sure. That's fine.
He's coming back in as a panelist.
Thank you. Perfect.
Mr. Pham?
Yes, sir.
All right.
Could you go on?
Do you have your video that we can see you?
There you go.
Thank you.
Sir, could you state your name because you've already been sworn?
My name is Kwong Den Phams.
and may you spell it again for the court reporter
first name is C -U -O -N -G
First name is C -U -O -N -G, middle initial is D, last name is P -X -A -M.
middle initial is D
last name is P -X -A -N -G
Right.
Hillary, do you have the comments that we read?
Yes, Mr. Chair.
This application is for multifamily household living, three dwelling units, and an existing structure.
There are two use refusals.
The proposed multifamily household living is prohibited in the RSA 3 zoning district,
um whereas four parking spaces i'm sorry that should be three parking spaces are required and
zero are proposed we have received a letter of support from southwest philadelphia district
services thank you um our vice chair has just a few questions for you sir ish yes good morning
sir have you emailed all the required documents and exhibits into our offices
five days in advance to this hearing yes sir thank you please proceed uh share your screen
you have a green button at the bottom of your computer oh okay
what what would you like me to do so i said he he has to ask the questions okay
Okay, so what we need now is all your documents, bring them up on the screen, and we'll walk you through this.
It would be helpful to start with the photos of the building.
I don't know how to work with the, to bring it up into this screen, sir.
So. Excuse me. Yes. How are you doing? This is Miss Dandy, the supervisor of the hearing.
The documents that you sent us, do you have that on your computer?
Yes. Would you be able to bring it up on your computer? Let me download it.
Chair, I'm sorry. This is the reporter. Could I ask who is speaking?
We're going to stop her speaking. Mr. Kong, you're the one who has to speak. So what we want you to do is direct your associate there to bring the documents up on the screen.
So could you?
And she will not be able to speak. You're the one that's going to speak. Okay. We'll walk you through this as soon as the documents come up.
Yes, sir. Thank you.
Now, you might be able to do it two ways.
If you can go to the email that you sent us, then your documents will be right there, and then you can just share it that way.
Or if you saved it on your computer, you could just go to the files, and whatever you named it as, just type it in, and then you can open it that way also.
I'm not very good with...
We're going to see if we can get you through this, okay?
Yes, sir.
I just would want to see some photos of the property.
Maybe go to file at the top.
The file button all the way at the top of the screen.
near your apple sign.
Well, top.
This file right there.
You see.
Oh, okay.
You find the email.
That is the one you sent this morning.
The photo.
It's from the first time that I.
So are you seeing your photos on your computer screen right now?
Okay, so what we're going to do is stop sharing, and then you're going to just click that green button again, share screen.
And when you click share screen, just click on that document that you have up.
because right now we're just still seeing a blank screen.
Because right now we're just still seeing a blank screen.
So what I want you to do is just click that share screen button
and then it will give you an option of what do you want to share.
Yes, the same thing.
do you maybe have uh two monitors uh no ma 'am
okay yes chair i'm not sure what's um
all right here's what i want you to do we're we're going to move on i'll call you again before the
end of the morning and see if i can't get on see if you can't figure out where the documents are
Okay. Thank you, sir. But stay online. I mean, get off the screen and, but I'll call you probably
in about 25 minutes. All right. All right. Let's go to number two. MI 2022, 004 -549 -341 East Hain
Street. Steve Bertil is the attorney for the owner. Letter of support from FACE CDC
with proviso that we'll talk about. Mr. Bertil.
Good morning, Mr. Chair. Good morning, counsel. How are you? Could you state your name,
please, and spell for the court reporter? Absolutely. Excuse me. Steve Bertil,
B -E -R -T -I -L, Troutman, Pepper, Hamilton, Sanders, 3002 Logan Square, Philadelphia, PA, 19103.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client relationship to this property?
Yes, my client is Dwight Anderson.
He's the principal of the ownership entity of the property.
Okay. Our vice chair has a few questions for you, sir.
Good morning, counsel.
You're going to waive the reading of the refusal and stipulate to its accuracy.
Yes, I do.
Have you emailed in all the required documents and exhibits to proceed with this case five days in advance of this hearing?
Yes. Excuse me. Yes.
Thank you. Please proceed and share your screen.
Thank you.
Just give me a second.
We see your screen, sir.
Okay, great.
Thank you.
Let me apologize in advance.
I have a hoarse throat.
so it may be a little scratchy. As was stated, my name is Steve Bertil. I'm counsel to the
applicant and owner to this property, 314 East Haines Street. We're seeking a variance to
rehabilitate a property that has been historically a mixed -use property with commercial ground floor
unit and residential units above it back into a two -unit duplex. Despite the historic documented
use of the property, a variance is required because we have a use refusal for the multifamily
use of the property that's currently zoned as RSA 5. As you can see from the aerial
photo here, the property sits on the corner of East Haynes Street and Morton Street.
here's a uh a photographic aerial so you have a sense of the the area and now going to uh
excuse me the existing structure as you can see here the property is a three -story corner property
um currently vacant a vacant blighted structure uh the property's most recent use as i'll go
through in a second um was a commercial ground floor unit and residential units above it
here's a shot of the property standing on the corner of morton and haynes
or more in the middle of the street and here's the side view of the property
along morton street as you can see um the property is not necessarily very wide along
hanes but it is it goes uh pretty deep uh the death of the property is pretty deep on morning
As you can see from the side view here, there were previously multiple entrances for the commercial ground floor unit.
as you can see from the side view here there's there were previous
Here's just a photo on standing on looking down East Haynes Street to get a sense of the area context of the property.
As you can see, the property is attached to other three -story structures.
We are not proposing any change to the height of the property.
We're maintaining a three -story height. As you can see, across from the property, there is a private elementary school or institution.
And so in terms of, you know, the density and parking on the block, that's not an issue for this particular property because that site takes up, I would say, about 80 % of across the street on that block face.
Now, in terms of the historic use of the property, as I said, the property currently is vacant and blighted. I'll get into the efforts that the applicant made to shore up the property in a second, but I just wanted to give the board the proper context of the historic use.
we we did go through the records to see the property as recently as to the 2000s the property
was a barbershop on the ground floor with the residential units above it prior to that there
was a small restaurant with again with residential apartments above it and prior to that it was a
prior to the restaurant in the 1970s it was a retail grocery store again with apartments above
And then as far back as the records we could obtain prior to the grocery store, the property was just completely residential multifamily at two units.
So as you can see here, there's no record of this property ever being single family in any sense of the word.
and the property itself, once it was acquired by the applicant, was still configured, despite
its dilapidated condition, as a multi -unit structure. And so the intention here is to
utilize the ground floor unit as a residential unit, as opposed to a commercial unit, and
and maintain a second unit above that for a total of two.
Just so the board can see the refusal, as you can see,
here's the refusal here for the proposed use
as a two -family household living because the property is currently
zoned as a RSA 5 district.
Sorry, let me zoom out here. And so, as I stated, what's being proposed here, as you can see from this zoning plan, is maintaining the ground floor building envelope of the property, converting the ground floor use into residential, and putting a small addition on the second floor to extend it back out to the death of the ground floor.
creating a third floor rear deck for the above unit, as you'll see in the floor plans in a second.
I should mention that the property itself, upon acquisition, was in quite a bad state, as you can see from the photos.
It was designated as unsafe and imminently dangerous by L &I, and so the applicant, prior to submitting the zoning permit application,
did obtain make -safe permits to shore up the property. We initially had a hearing scheduled
in January, and we continued that hearing to allow for another community meeting due to the lack
of attendance of the first one, and we appreciate the board's consideration to be placed on this
list due to the exposed condition of the property. And so, as part of that make -safe permit,
The third floor story of the property had to be secured to maintain the structural integrity, and so that portion of the property has been built out, as you'll see in the design in the second, and that will speak to one of the provisals that we could not agree to.
But again, maintaining the building envelope, maintaining the height, a rear addition on the second floor, conversion of the use, and the rehabilitation of the existing garage.
Let's see here.
Let's see here. Here you can see the layout of the two proposed units. As you can see, these are split -level, or excuse me, bi -level units.
On the ground floor in the unit one, we have a one -bedroom, two -bathroom unit between the ground floor and the basement.
And on the second and third floor, we have a two -bedroom, two -bathroom unit with a rear deck with the master suite, as you'll see in our renderings.
And the second main entrance for Unit 2 is fronting on Haines Street, and the main entrance for Unit 1 is along Morton Street.
So they each have their individual entrances for the units and maintain everything in terms of egress and being to code shall be as it should be.
get to the rendering so are you aware of the proviso no sleeping accommodations in the basement
that's correct so we agreed to uh we agreed to initially we had a proposed
a bedroom in the basement um hearing the concerns of the uh three rcos that attended we removed
that and now just has a general flex space, but we will
not be advertising that as
a bedroom as a response
to that request. We agreed to a few of the other
provisals as well. There are two that we could not
agree to. One, we don't believe is enforceable by the
zoning board and it would be hard to agree to. The other one we physically cannot do to the
make safe, which I'll get to in a second. So we did, actually, before I get to that,
here is a rendering, as you can see, of the exterior of the property. As I stated,
maintaining the height, rehabilitating the property, multiple entrances for the two units,
And having the required safety egresses, the property will be fully sprinkled, excuse me, with fire sprinklers and have maintained everything that it needs to have the code to be safe and compliant with the building code.
So this is a shot standing on the corner of the renderings, as you can see, you know, placing the windows, having a lot of natural light.
We have agreed to also put exterior lighting on the property per the request of the community RCOs, and we believe this is something that will be a rehabilitation of an existing blight on the property.
Here is another shot from the Morton Street side of the project.
As you can see, this is the rear third floor deck that we're referring to.
this configuration of the roof has already been constructed as was necessarily required
by the city to maintain the structural integrity of the property. And so any change to that would
essentially be scrapping the application. And so that was one of the provisos. It was requested
to possibly extend this back out, just like we're extending the second floor. And the reason we
cannot do that because this is already constructed per the make -safe permit.
Is your client here?
And so, I'm sorry.
Is your client here?
Why don't we have your testimony adopted?
What do you do?
My client is Mr. Dwight Anderson.
If he could raise his hand to be recognized.
Yes, I'm unmuted.
Can you hear me?
We can.
Mr. Anderson, could you state your name, please, and spell for the court reporter?
Should I be on camera? I'm not sure.
You're fine. You're fine.
Okay. My name is Dwight Anderson, D -W -I -G -H -T, Anderson, A -N -D -E -R -S -O -N.
All right. Do you swear or affirm, tell the truth, the whole truth, and nothing but the truth?
Yes, Mr. Chair.
Proceed, counsel.
Thank you, Mr. Chair.
And let me just say briefly, just so this is part of his adoption,
We did have a community meeting on February 28th where the RCOs did vote to support with the provisals that we discussed, and we would ask the board to approve the project with the specific provisals of not having the basement bedroom advertised, having rear trash storage, and also maintaining, having exterior lighting.
um oh i would also like to state for the record that the property
was posted and proper notices were sent out so mr anderson did you hear
was posted and proper notices were sent out.
So Mr. Anderson, did you hear the testimony
that I provided to the board this morning?
Yes, counsel.
Thank you.
Would you adopt and affirm the testimony is true in your own?
Yes, I do.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Chair.
Questions or comments from the virtual audience?
Yes, Chair, we have Charles Richardson.
Good morning, Mr. Richardson. Could you state your name, please, and spell it for the court reporter?
Good morning, Mr. Chair. Charles Richardson, R -I -C -H -A -R -D -S -O -N, Office of Councilwoman Cindy Bass, room 508 City Hall.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Indeed, the councilwoman will support with whatever provisos are enforceable by the ZBA.
Thank you very much for calling in. Is there anyone else in the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Chair Bergman. Good morning. This is Ian Hegarty with the Philadelphia City Planning Commission. Last name spelled H -E -G -A -R -T -Y.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed.
Thank you. Good morning, board members.
Comprehensive plan recommends no change to the existing RSA 5 single -family zoning at this location.
However, given the property's nonconforming use history and the physical configuration of the building,
the City Planning Commission recommends that the board grant the variance.
Thank you.
MI 2022, 004 -549 -341 East Haynes Street. I vote yes. Proviso. No sleeping accommodations in the
basement. Thomas Holloman, my vote is yes. We're Proviso. James Snell, my vote is yes with Proviso.
Ishmael Shahid, my vote is yes with Proviso. Thank you, counsel. Thank you very much, man.
I'm not sure. Number six, MI 2022 -005 -924 -2014 -16 East Clementine Street. Henry Clinton is the
attorney. Right now, we're waiting for a RCO letter. Mr. Clinton has one. Letter of support
from a near neighbor on the 1900 block of East Clementine Street. Mr. Clinton.
Morning, Mr. Chairman. I was coming in as you made your introductory comments about a letter.
I didn't hear what you said. I said, we do not have a letter yet from the RCA.
Why don't we do this? Why don't we state your name first and we'll be in.
Morning, Mr. Chairman. Henry Clinton, C -L -I -N -T -O -N.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I don't. Right. I guess what I was trying to say is you may have a letter. We do not have a letter yet.
Right. We are supposed to have a letter. The vote was 31 to 0 in our favor. So why we don't have a letter.
OK. Well, it was on the second, right? Of. Yes. March. Correct. OK.
Why do you identify your client?
My client is Mark Corpus, C -O -R -P -U -S, and he is participating by telephone.
Okay, and our vice chair has a few questions for you.
Thank you, Mr. Chairman.
Good morning, counsel.
Do you agree to waive the reading of the refusal and stipulate towards accuracy?
I do, Mr. Shahid.
Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?
I have, except for the letter from the community group.
Yes, Mr. Shahid.
Please proceed and share your screen.
Thank you, Mr. Sheedy.
No problem.
Morning, Mr. Chairman. Can you see my screen?
We can, sir.
All right. Again, Henry Clayton on behalf of Clementine Street, LLC, the principal of which is Mark Corpus, C -O -R -P -U -S, who is on the call by telephone.
Just by way of background, this is an historic commercial use of a building that has been commercial since 1932.
And I have zoning records at the end of the presentation to show the board that it once was a high explosive facility making dynamite.
It was a storage area for printer's equipment, a cabinet maker, and also was used for welding fabrication.
For the last 15 years, the building has been used for woodworking as well as for motorcycle repairs.
And I'll walk through the presentation, which contains exhibits AA through A10, which I ask to be admitted.
which contains exhibits AA through A10, which I asked to be admitted into the record.
The refusal, you'll see from the aerial photographs, I'll show the board that this block is a blend of
commercial and residential. It is in an RSA 5 zoning district, and our two refusals have to do
with use. There are no issues with height, rear yard, or open space. It's all nothing dimensional.
everything is a use situation. The RCO letter is anticipated. These are photographs, aerials.
The large building is Mass Bound High School, which is directly across the street from the
subject property, which I am circling with my cursor. This is the front of the property. You
can see it is a commercial look. It has a pull -up door as well as another entrance to get to the
second floor. Just another photograph looking down the block to show you there's other commercial
uses, two or three on the block already. One is a woodworking shop down the far end. Also next
door was a commercial use. It had a fire within the last year or so. You can see the charring
above the second floor windows. And across the street is the high school that I mentioned.
this is the interior of the motorcycle shop there are no repairs are made outside the confines of
the building in fact the owner of the shop josh who may be on the call actually lives on the street
and several doors away from his motorcycle shop this is the second floor woodworking again both
gentlemen have been on site either working for themselves or for the prior owner for 15 years
these are our postings on the front door and these are just floor plans open floor plan on
the first floor with a repair shop and open floor plan on the second floor with a woodworking shop
remaining documents are the pro forma documents you would see in in the applications
indicating tax certification,
the submissions to the ZBA for the appeal.
Again, the zoning map does show it's RSA 5,
but as I said, it's a blend of commercial
and residential on the block.
And it's been historic use since 1932.
I just wanted to get to the zoning records
to show the board.
Again, this is from 1930,
high explosive license.
This is from 1976, indicating garage storage for painters.
1977, welding fabrication shop.
That was the last prior use until the two tenants in the building took over occupancy,
either themselves or their prior owners over 15 years ago.
So, Mr. Chairman, we have a unique situation of an historic use of a building for commercial purposes for almost 100 years.
We're not looking for any dimensional variances.
We have no issues with height, open space, rear yard.
There's no impact on the development of the adjacent properties because, as I said, this building has been in play and the use for well over 100 years.
We have no issues with light and air, and we're not impairing the development of any adjacent property.
And we're basically conforming, looking for a legalization of an illegal use, albeit a use that's been ongoing for many, many decades.
With that, I would close and ask my client to adopt my testimony by unmuting himself.
Mark, can you unmute yourself?
Mr. Clinton, did you attend the RCO meeting?
And what was the vote?
Vote was 31 to 0.
Thank you.
Mr. Clark, if you can unmute yourself.
Yes, I am. Could you state your name, please, and spell for the court reporter?
Mark Corpus, N -A -R -K -C -O -R -P -U -S. Right. Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth? I do. Proceed, counsel.
Mr. Corpus, were you on the call when I presented your project on Clementine Street?
Yes. And if you had the opportunity to testify, would you adopt my testimony as your own and as
true and correct. Yes. Thank you, Mr. Gorpus. Questions from the board? No, Mr. Chairman.
Questions or comments from the virtual audience? I see no hands, Chair. Planning Commission.
Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.
Board members, the comprehensive plan recommends no change to the existing RSA -5 single -family
zoning. However, given the physical configuration of this building, the City Planning Commission
of this building. The City Planning Commission recommends that the board grant the variance.
recommends that the board grant the variance. Thank you.
Thank you. Hillary, we have testimony of an officer of the court that the vote was 31 -0.
Okay, that is fine, Mr. Chair. Okay, good. So MI 2022 -005 -924 -2014 -16 East Clementine Street,
I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes. Ishmael Shaheed,
my vote is yes. Thank you, counsel. Thank you, Mr. Chairman, for that consideration and thank
you, Ms. Emerson also. Thank you. Number eight, MI 2022 -005 -831 -517 South 45th Street. Matthew
Monro is the attorney. A letter of non -opposition from Spruce Hill Community Association. Letter
of support from Drexel Area Property Owners Association. Mr. Monro. Good morning, Mr. Chair,
members of the board. I'm happy and pleased to be here on behalf of my clients, Sozi Talanti.
Could you state your name, please, for the record and spell it? Yes. Matthew Monro, 30 South 15th
Street, 15th floor, 19102. Right. Do you swear or affirm to tell the truth, the whole truth,
nothing but the truth? I do. Could you identify your client in relationship to the property?
Yes. My clients are the owners of 517 South 45th Street, Sozie Tuwanti and Mariel Tuwanti.
And could, Counselor, just try to speak up a little bit. You're just a little bit low.
So our vice chair has a few questions for you.
That's better.
Our vice chair has a few questions.
Good morning, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Have you emailed all the required documents and exhibits in our offices to proceed with this case five days in advance of this hearing?
Yes, we did, with the exception of their certificate of service, which we supplemented on Monday.
thank you please proceed and share your screen um all right chairman bergman um members of the board
uh as i mentioned i'm pleased to be here on behalf of uh sosie and muriel talanti uh the owners of
517 south 45th street uh this is a single family home in rsa3 zoning district um uh what i'm
sharing right now is just a context photo and rendering showing the existing rear porch and
an obsolete privy right here with a rendering to the right of a two -story addition that seeks to
replace that those existing structures and be used. The refusals that we received are just
related to a side yard refusal and open area as well. And as the context photos and site plans
will show you, these are minimal de minimis requests and simply seek to be able to put
the rear addition to good use. Chairman Bergman, I've included in the evidence package all of
these exhibits, one through nine, which I am going to request that the board move into evidence.
I'll just quickly go through these and we will get down to the meat of it. Effectively,
in certificate of service, the property was properly noticed, posted 21 days prior to the
hearing. And here we are with the rendering again. The existing conditions I have up on my screen
right now show the rear porch, stairs, and the privy. The Talanti's house was built in the 1800s,
as were most of the houses here on the row in West Philadelphia. And as you can see,
The footprint right here effectively seeks to replace the existing structures that are there.
And as noted, the house was built in sort of pre -code.
So the side yard refusal, dimensional refusal, and the open area dimensional refusal.
Just speak up just a little bit.
We're having a hard time here.
The side yard refusal and the rear yard, or I'm sorry, the open area refusals are really existing pre -code conditions, but there's no material impact on the adjacent structures.
And here you can see just the zoning context.
uh this is the block but um you can get a better sense of what it looks like at the rear um here
This is the block, but you can get a better sense of what it looks like.
from from uh it's a satellite image from um from atlas uh this is the telanti's home and as you can
see at the rear of their home and all of the adjoining uh homes on uh on south 45th street
baltimore south 44th street and largewood there's a large open area at the rear um gets plenty of sun
and light. And the rear yard addition is consistent with other new construction additions that have
been placed in this area in the past. I'm showing you kind of the existing conditions right now
of what we have. Here's the Talanti's next door neighbor, a porch right here. And in the next
photo, you can see a similar two -story addition that is just down a couple of blocks. And it's
important to note, and as is reflected in the letter from the Spruce Hill Civics Association,
both the adjacent next -door neighbors have supported this project. They have no opposition,
and the letter from the Spruce Hill Civics Association reflects that organization's
non -opposition and notes that the use and the addition is consistent with Spruce Hill's desire
to sort of maintain single -family homes in the area and with work -from -home conditions.
And Mr. and Ms. Talante are both professionals and do work at least out of the house some.
And so this would give them some expanded working space with their family.
They have kids in the house as well.
We also have a support letter from DAPA, another RCO in the area.
And we did. I was in contact with Councilmember Gauthier's office. Mr. Goodman represented that for a project like this.
They typically do not weigh in, but advised that I could represent as an officer of the court that the council member's office has no opposition to this this project.
Why don't we have your testimony adopted by your client?
OK, Mr. Toulante, are you on the are you on the call? If you could, please raise your virtual hand.
sir please unmute yourself uh can you hear me morning could you state your name please and
spell for the court reporter yes my name is sozi toante first name s -o -z -i last name t -u -l -a -n -t -e
right do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do proceed counsel good morning mr toante um did you hear the factual statements that i made
on the record i did and were they correct and accurate yes they were and do you would you adopt
them as your testimony i fully adopt them as my testimony before the questions from the board
no mr chairman no mr chairman questions or comments from the virtual audience
i see no hands chair planning commission thank you chair bergman ian hegarty for the philadelphia
City Planning Commission. Board members, the comprehensive plan recommends no change to the
existing RSA -3 single -family zoning at this location. The proposed dimensional variances,
we agree, are minimal and do not conflict with the purpose and spirit of the zoning code,
and so the City Planning Commission recommends that the Board grant the variances.
MI 2022 -005 -831 -517 South 45th Street, I vote yes.
Thomas Holloman my vote is yes James Snell my vote is yes Ishmael Shahid my vote is yes
thank you counsel thank you chairman thank you members of the board let's go back to number 10
MI 2022 002 881 1550 Lardner Street counsel
He's coming back in as a panelist.
Thank you.
Mr. Chairman, can you hear me?
Good morning.
Yes, we can.
Could you come back on the screen too, please?
Yes, I'm attempting to do that right now.
it says you can't start
it appears that the host has stopped it
pardon me
it appears that the
I'm getting a screen that prompts
that I cannot start the video because the host
has stopped it
LaCott, LaTisha
Thank you.
I'm checking it now, Chair.
Sorry, sir.
Could you repeat the message again?
It's allowing me now.
Thank you.
You've already been sworn.
Just for the record, state your name again.
Dean Vassar.
D -A -N -V -A -S -S -O -R.
Right.
Could you share your screen, please?
And I will begin.
This is some technicalities.
I cannot.
I'm going to do this a little eventually.
Can you see my screen?
We see you, sir.
do you um see the green share screen button at the bottom of your screen
yeah and then it doesn't allow me to share
okay what type of computer are you i have a mac i'm operating under a mac
nikki ati yeah is it giving you a message um it says
oh okay all right oh all right i think that yeah here you go oh yeah thanks nikki
proceed sir
what screen do you guys
see we see it on the map
and we see your cover page
I can't I just have
I'm sorry
for all this
can I just turn it down
is it this
do you see
Longner Street
sorry do you see the
1550 Lordner Street. Okay. All right. I'd like to start off with the... Okay. So, Mike, Mr. Bunnaguer is the property owner of 1550 Lordner Street. He has owned this property since September of 2000.
uh uh we had gotten denied or the the refusal to grant a variance uh has
is mainly because he uh and let me just bring it up uh for context that and do you see that screen
now we do okay and it is mainly because uh he has a home business uh and they are prohibiting
it as a home business um and excuse me if i may yes this is miss danny the dba supervisor of the
hearing may you make that larger for everyone to see please oh absolutely thank you so much
that's great and yes and and the only refusal is because it is a home business um now um
i'm going to go back and show his photos of the building yes so
here is uh the
Here is the property I question here. It is located in the corner of Larner and the boulevard, and the business is located in the back rear property.
um it has about three doors of accessibility um inside of the property
where the business is um is comprised of a few offices um and
is comprised of a few offices and a few exit doors.
We have,
My client has been operating this since 2019
when he first tried to apply for a variance
and he has been refused since.
Um, uh, we did have a meeting with the RCO and, uh, they were opposed to it. However,
we did have a petition that was signed well over 50 people and the majority of the people
that were there were in favor of, uh, the business. Um, and I can, what was the vote
of the RCO? Uh, he refused, uh, he opposed it. And the reason why he opposed it, some
of the concerns were that there were not enough parking spaces since that meeting my client
had went and and as i can show on the screen had cleared this space that now can fit two
parking spots and clients can easily enter the building from these three interest points
and yes oh so um and that was that was a majority of the clients are are not coming into the business
um with vehicles uh they live around the neighborhood and they easily come in
um by walking um but to address the concern that uh that parking was an issue uh uh my client had
would clear this space out.
And the reason why that was a concern is because at the corner, and here's the area of view
at which the property is located at, oh, sorry.
where the corner where the property is located okay
it's right on the boulevard and we can see that if we scroll down here
where many folks were were concerned that this would block traffic at this point
But as you can see, there was a car that was parked here, and that can fit at least two cars now.
So that wouldn't be an issue.
All right.
So at this particular point, I'm going to...
We have your client come on.
he can adopt your testimony.
Sir, could you state your name, please,
and spell for the court reporter?
Yeah, my name is Josh Bonagre.
Spell your name, please.
First name, G -O -S -U -E.
It's a French spelling.
And last name is Bonagre.
It's B -O -N -E -G -R -E.
Right.
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
Proceed, counsel.
Okay. Mr. Bunninger, would you affirm and adopt that the testimony that I provided to the board would be true and accurate?
Yes, sir.
And that you would adopt it?
Yes. Okay.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Yes, Chair, we had some folks.
Sorry, I just want to jump in quickly, Mr. Chair. This is Hillary. I just wanted to note for the record that the parking spaces that have been shown, those are not before the board today, and those would require a separate zoning permit.
We understand. Thank you. Thank you, Hillary. Mr. Folks.
Good morning, Chairman Bergman, ZBA Board. My name is Sloan Fuchs, S -L -O -A -N -E, F as a fire, O -L -K -S, Office of Council Member Ketzi M. Lozada, Room 316 in the hall.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
I do, sir. Thank you.
Proceed.
Yes. The applicant has met with the coordinating RCO and did receive a letter of opposition from them.
I would like to recognize that our office did receive a petition from the applicant with 50, exactly 50 signatures on the application.
We did reach out to a handful of the people that signed the petition just to confirm that they were actually residents there.
While we appreciate the RCO's position and the applicant's position or the applicant's application, our offices, the council member is not going to weigh in with an opinion at this time.
Thank you.
Thank you, Mr. Folks. Anyone else from the virtual audience?
I see no handshare. Planning Commission?
Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.
Board members, the comprehensive plan recommends no change to the existing RSA 5 single -family zoning at this location.
We agree that this property's location along Roosevelt Boulevard does support a hardship claim for purely residential use.
However, we believe that the prior and the proposed uses exceed the definition of home occupation by having multiple commercial units with illuminated accessories signage on the basement of this building.
So that's our main issue with this. Our recommendation is that the board grant the variance with a proviso that the sign all signage be removed from the rear of the building.
Thank you.
Counselor, did you hear that?
I didn't hear what you just said.
Did you hear that?
Yeah, I did hear it.
Do you agree to that?
I disagree because that's how, like, as we, like, at the corner of the Wizard Boulevard,
because, like, that's how, like, I mean, my client, like, I'm able to...
if we have the permission
like that, I mean, how
will I be able to
So we oppose that?
We would like to retain the
furniture? I would like to retain
the furniture because this is a
professional business I'm doing
so we are pedestrian
people passing by, that's how we're able to
I understand.
I mean, to see
the business in order for us
Okay. So MI 2022 -002 -881 -1550 Lardner Street, I vote yes with proviso. All signage to be removed from rear.
Thomas Holloman, my vote is yes with proviso.
Jane Snell, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Thank you, counsel.
So let's go back to number three, MI 2022, 002 -349 -1129 South 51st Street, Kwong Pham.
Could you come back on, please?
He's coming back in as a panelist, Chair.
Good morning, Mr. Pham. You were already sworn. Just for the record, state your name again,
please. My name is Quang Din Pham. Right. And how do we make out with our computer?
Well, we try our best and I think we make some progress. All right, let's see. So I think where
you should start is photos of the property.
Could you.
Where is it?
It's that green share at the bottom of the screen.
Okay, the next one, there's one, no.
Okay, the next one, that's one, no, we're just still seeing a blank screen.
Yeah, somehow you're only sharing your background.
When you hit the share button, does it give you options of different styles to share?
It should give you an option.
I think you're clicking the wrong one.
Can you see it now, it's a no?
No, we still just see the background.
Up top, the view options.
Try one more time. Hit the share screen.
Share screen. Right. And do you have options
with that?
You read it. You are sharing screens.
I'm sharing, I'm sharing, I'm sharing, I'm able to participate.
You read it, you see.
You are sharing screens.
Tell them so they can help you.
How about up top that button view options, is that anything?
Okay, there's a series of options, participants, participate 30 to see that right there.
Is that work, sir?
We don't see anything but the background.
Yes, I'm not sure, Chair.
How about file?
The button there says file up top.
Open recent.
it said it's an option opens reasons okay uh go on to all of that
we did that you still see nothing no we don't see anything
nikki any suggestions yeah i was going to say are you getting any messages asking you to give
us permission to view anything i believe because we're on your computer you're just not sharing
the right view. May I speak? Yes. Oh, well, I'm not sure. Well, this is, this is my wife, my other
half. Okay. All right. So let me, let her, let her state her name and I'll swear it. Hi, my name is
Chao An Hua. Could you spell it please for the court reporter? C -H -A -U, middle name, A -N -H, last
name h -u -a right do you swear or affirm to tell the truth the whole truth and nothing but the
truth yes your chairman proceed proceed okay what i see is say uh on the upper is a new share
is green folder and then um the next word is a stop share in the red icon
okay so we're saying share screen does it give you different options
no it doesn't give me any option it just say you are screen sharing and then there is the
green button on top is say a new share so should i click on that yeah click on that let's see what
that gives us okay and they say desktop one whiteboard iphone desktop one desktop one okay
and this has the okay now it say allow zoom to share your screen open system preference
yes okay okay now i did open it
and is it what does it give you in a system preference
When I click on System Preference, then it disappears. Let me see if I see anything on here.
Somehow you have to allow us to view. So when you open System Preference,
So when you open system preference, you should see a button that says allow.
you should see a button that says allow.
See, that's what I thought that I would see that, but I still didn't see it.
Let me see.
Security, privacy.
Okay, it says security, privacy, privacy, and it doesn't.
Okay. Maybe I check the zoom here. Okay. Hold on. Go back.
Okay. On the security problem. Okay. Should I add zoom?
It's a general
by far firewall
privacy.
Yeah, you have to somehow
get around your firewall. I don't know
which one you have, but you have to allow
us to view it.
Okay, let me turn it on.
I think that's what it is.
I don't know how to, oh, click here to make a change.
Password.
Unlock.
Now I unlock, and then how do I turn on the firewall?
Should I go advanced?
Okay, you turned off the firewall. Do you allow Zoom? Go back to share and see if you can share your desktop.
Okay, should the firewall turn on or off?
Turn your firewall off.
Okay, so I think it's already off. Okay.
And then share, and then you want to do desktop.
Okay, and then we go ahead and share.
Share screen.
Okay, and then, okay, now I hit share again.
New share.
Desktop.
Share.
Allow Zoom to share your screen.
which is we allowed it yes allows them to share your screen okay
now i did allow it and then it's had the it's going back to general security and privacy again
yeah you guys have some type of firewall that's preventing us from viewing your screen
um that we're having a hard time getting past okay i clicked on the zoom already so
this should be done
let me try
that again
could you unmute please
Mr. Fahm
you're muted
could you unmute
you're muted
thank you Mr. Fahm
you know we're tried
we've tried here and we just can't
seem to get through
Um, what I'm going to recommend is that, uh, we continue this and you get yourself some help
on figuring out how to do this, because I think it probably would be an easy solution if somebody
could sit down with you and do it. And then is there any way that we can get them back in a
little bit quicker? Yes. I'll have staff, staff reach out to them chair. All right. So here's
what we're going to do. We're going to continue it. We'll be in touch with you on how to get you
back in quicker with what a date that'll bring you back as quick as possible okay but in the
meantime get some help with the computer and anything that we can help on the phone talking
to you about we'll gladly do is it okay yes and we appreciate your trying and and i'm going to
Yes, and we appreciate your trying and I'm going to thank the staff for trying it, but we'll get you back in as soon as possible.
thank the staff for trying it but
OK, thank you, Mr. Chair. Thank you. Thank you.
See here. Is there anyone in the morning?
Listings, their case has not been called.
I see no hands, Chair. OK, thanks, everyone.
Excuse me. Do you see somebody?
Yes, a phone user, phone number ending in 3552.
Please unmute yourself.
Good morning.
Could you state your name, please, and spell for the court reporter?
Yes, Adrienne Fernandez, F -E -R -N -A -N -D -E -Z.
Right.
Do you swear or firm to tell the truth, told the truth, nothing but the truth?
What case, Adrienne?
It is 2202 -04, West Lehigh Avenue. And we were on the line waiting for, under the add -on section for the vote today. We were told we had to wait one week.
Mr. Chair, this is Hillary. I can explain that. Adrian, this case is a remand from the Court of Common Pleas. The vote is held. I don't know if you've heard the chair read the statement in last week, but the vote is held for the preparation of supplemental findings of fact and conclusions of law, which are adopted with the vote. So these cases are not voted right away.
okay yeah i did hear that but i didn't know um i think someone said next week so do you have an
idea about how long we'll have to wait for the vote um i do not because we have to order the
transcript and then the findings have to be prepared okay will we be um notified before
the vote is taken um you'll be you'll be notified of the outcome of the case um we don't have a way
to notify people of add -ons when they're going to be voted, because sometimes we don't know
when they're going to be voted until the last minute. Okay, but it will be voted during the
add -on period at one of the upcoming hearings? Yes, it will. Okay. I guess I'm asking, will we
know before that hearing where it's going to be voted on, will we be notified of which hearing
that will be? We do not have a way to do that right now. We are only able to notify people
once the notices of decision have been issued.
Okay, so there'll just be a vote
and then a notice of decision?
Okay, thank you.
Thank you, thank you for calling in.
Is there anyone else in the virtual audience?
I see no hands, Chair.
Thanks, everyone.
See everyone at 2 p .m.
See you later.
Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Thomas Holliman, our board member.
Present, Mr. Chairman.
And James Snell, our board member.
Present, Mr. Chairman.
Also present is our attorney, Hillary Emerson, and our executive director, Tanya Sunkett.
Here's our virtual format. Be advised if proceedings are being recorded. The video will
be available by contacting tanyasunkett at phil .gov. For the benefit of our court stenographer,
we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, if you wish to testify, press star nine to raise your hand
and star six to unmute. To enter an appearance statement, call 267 -270 -5548, leave your email
and the address of the property in question. And finally, the question answer box on the screen
is not for comments or testimony. All comments should be directed to our executive director,
Tanya Suckett. Let's take a look at our continuances from this afternoon's list.
Number two, MI 2022 -006 -107, 1421 North 17th Street. That case is continued. Number three,
Number three, MI 2022 -006 -127 -1433 North 17th Street. That case is continued.
Number four, MI 2022 -006 -167 -7054 Forest Avenue. That case is continued.
7054 Forest Avenue, that case is continued. Number 10,
MI 2022, 006105, 1412 North 17th Street, that case is continued.
And number 12, MI 2021 -004 -544 -4900 Reno Street. This case is continued attorney moving party
at the request of the attorney for the applicant. Let's look at our withdrawals that we have.
Number eight, MI -2022 -003 -467 -3137 Willits Road. That case has been withdrawn.
And number 11, MI -2022 -006 -036 -1939 -43E Sargent Street. That case is withdrawn.
Is there anyone who has comments relative to the cases that have been continued?
Good afternoon, Chair. This is Fatina L. I'll be your co -host for this afternoon.
Thank you.
You're welcome. I see no hands, Chair.
Are there any other requests for continuances?
I see no hands, Chair.
Okay, so let's go to, we have an add -on list.
number one mi 2022 005 915 90 red line road i vote no
thomas holliman my vote is no
james snell my vote is no thank you ishmael shaheed my vote is no
Number two, MI 2022 -005 -913 -1645 North Marshall Street, I vote yes with proviso.
Revised plan, one page, stamped by ZBA, March 8th, 2023.
Thomas Holliman, my vote yes with proviso.
Ishmael Shaheed, my vote is yes with Proviso.
Sorry, Bill, I was having a little technical difficulties there.
Yes with Proviso.
Thank you.
Number three, MI2023 -00840 -526 Mercy Street.
The vote on this matter will now be held on Wednesday, March 15th at 2 p .m.
Number four, MI 2022 -003 -932 -2352 North 29th Street. I vote yes. Temporary
temporary variance expires 3 -15 -25.
Thomas Holloman, my vote is yes with Proviso.
James Snell, my vote is yes with Proviso.
Ishmael Shahid, my vote is yes with Proviso.
And number five, MI 2021 -004 -536 -1212 South 2nd Street. I vote yes with proviso. Revised plan, one page, stamped by ZBA, March 8th, 2023.
Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Ishmael Shaheed
my vote is yes with proviso
thank you we're going to go to our regular list
number seven
we're going to take seven first
006114
Latona Street
Kayla Fowler
Mitchell Moody
there's a letter of opposition
from the Peshon Square Civic Association
a letter of opposition
from Council Member Squilla
and there's also a petition
signed by approximately 39 people
Chair, Mr. Moody
has been promoted to a panelist
we still have three hands up
I'm sorry, Chair
Sure. Hi, Mr. Moody, could you state your name and spell it, please, for the court reporter?
Hi, Mr. Moody, could you state your name?
Good morning. Mitchell Moody, M -I -T -C -H -E -L -L -M -O -O -D -I -E.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
All right. So for a point, your case, this application is for new construction of an attached building with a roof deck and roof access structure. Size and location is shown in plans for use as a multifamily three -unit household.
There is a refusal. The proposed use multifamily household living is prohibited in the RSA 5
residential district, and there's two zoning refusals too. The proposed structure does not
comply with the maximum height requirement of RSA 5 zoning district, and two, if abutting lots on
both sides of an attached building contain only two stories of enclosed area, the stories above
the second floor of the attached house shall be set back an additional eight feet from the minimum
distance between the front facades and the front lot line, whereas there is no third floor setback
on this proposed structure. Our vice chair has just a few questions for you, sir.
Good afternoon, sir. Have you emailed all the required documents and exhibits that are required
to move and proceed with this case five days in advance of this hearing yes thank you please
Please proceed and share your screen.
I'm clicking it.
Can you see my screen?
i can sir why did you start all right this is the refusal letter we've received this is our
application of uphill yes this is the letter we sent out for the rco meeting and zba meeting
this is the letter of opposition received from the rco right uh vote 10 to 0 in the community
seven to zero from the actual board this is a copy of our D this is the
receipts for the mailing this is the postage on the building um this tell us
what you're gonna do okay so essentially um I lived on this block since 2014
when COVID hit, we moved to Maryland.
We kept the house because we want to stay in the city.
We've been there for, you know, I've been there since 06.
We have a lot of friends and family there.
The house has remained vacant.
We go back every now and then,
but with the addition of our daughter,
it's been a lot to carry the mortgage.
So we're looking for ways to keep the house and the family,
but kind of reduce that burden of having to pay two mortgages.
We're looking to expand, add two floors to the existing building and turn it into a triplex.
There will be a maximum of five bedrooms, two bedroom apartments and one bedroom apartment.
The plan is for us to occupy the top floor and that would remain vacant for our family.
and we would rent out the lower two levels
to offset the mortgage from the front.
We wanna keep that same look.
You cannot tell it's a single family from just looking at it.
We have a recessed entrance that hides the meters.
So it looks like other new construction on the block.
We asked for a 40 foot variance
so we could kind of avoid underpinning
to get the clearance in the basement.
That would also allow us to keep the steps in line with the other houses on the block, on our side.
This is my current property here.
This right here is new construction in the back.
There's 10 buildings that were approved for a 40 -foot height previously.
This is two new construction buildings across the street from us.
um i believe they're 38 feet but they're also four story buildings with a fourth floor setback
um the block is a mix of two stories um three stories and four stories
There are no properties on the block that have a third floor setback, and 100 % of properties on the block that have three floors or more are for full face.
there are no properties on the block that have a third floor setback and a hundred percent
This is my layout here, bedroom, kitchen, living room up on the first floor.
Second floor is an extra entertainment space or living space, another bedroom.
Second apartment is a one -bedroom, kitchen, dining room.
The top floor is a two -bedroom space.
I'm not looking to, you know, cram a whole bunch of apartments in there.
My lot's pretty big.
I've seen houses with five units.
I'm only here to, you know, keep my property and have access to it without having to pay the mortgage
and kind of generate some type of income to help offset costs of daycare and schooling for my children.
uh i set the fourth story back um 11 feet uh eight feet is the requirement but i'm pushing
it back just to kind of give extra clearance um there are other houses on the block this is an
example of a house that's on our block for sale it's a five bedroom uh five bath the density is
the same as the multi family that i'm proposing um just to show an example of you know what's on the
block you can see this is the eighth street side of our block there's three stories on each side
both of these buildings are multi -family buildings um as you move down the block on the seven street
side all houses are three family there's a cluster of two families in the middle of the block
um 57 of the houses on the block are three story or more
and this is that cluster here i'm two houses away from the three stories here and on the other side
i'm four stories away from the four -story buildings this is the new construction where it's the 40
foot houses that were approved you see more three families are three stories here all four face no
setbacks these are a list of multi -families in the neighborhood um note 736 latona street is my
neighbor they have a duplex um all confirmed by uh rental licenses and me living next to
for the seven years while I was in Philly. Here again, there are a total of 15
two -story buildings on our block. The rest are three and four for the 57%.
This is a map of all the multi -families in a one -block radius from my
This is my residence.
This is just another map showing you where they are.
The blue are ones that are zoned, CMX.
The reds are RSA5 zoning.
But there are multiple multi -families in the area.
This is the rental license for my neighbor.
He has two units. This is another multi -family 60 feet from my property at the top of the block.
There are rental licenses as well. This is a mechanic shop with seven units on top.
Just to show that there are multi -families in the area. This is the building at the top of the block.
This is also a commercial block.
You know, I live right next to Paso Young and Paso Geno.
So this whole strip has a whole bunch of commercial properties as well.
There's seven units for that one.
This is another commercial property west of or east of my block, next block over.
this is a three family here and this is a 12 unit building so as you can see I'm stuck between two
commercial spaces this is the rental license for that one and for the bigger one this is where my
property is you can see the zoning map it's a spread of commercial in RSA five over here you
will see three RSA 5 zone properties that have been approved for multi -family use and
family uh use and commercial use uh 1326 is a brewery with four units on top uh 1312 to 1316
commercial use 1326.
pass young is three properties that were approved for duplexes and 833 porton street is uh 25
or was approved for 25 units with a commercial space at the bottom uh they reduced to 21 but um
There has been RSA -5 lots that have been approved for multi -family and mixed use, close to my property here, two blocks away to be exact.
These are the three duplexes next to single -family homes on East Pass Yonk that were zoned RSA -5.
This is the application used for two family household living.
13 -12, the deed shows the two deeds for the two units.
They have one rental license that they applied for recently.
So one unit is, I'm assuming, being lived in and one is being rented.
And that's for 13 -12, 14, and 16.
This is the brewery that was approved, that was the RSA 5 lot.
They also got approved for four units on top.
You can see that it's right along the lines of other single family properties, less than
two blocks away from my property, shown here, 900 feet.
this is the permit for the four -family dwelling
this is the approval from the zoning board
this is for the brewery this is the approval from the zoning board
this is 833 Warren this lot was RSA 5 that got approved for the 21 units with
Stores at the bottom roughly a block away from my property show here
This is the zoning use 25 approved, but they like I said they reduced it to 21
21 units license here to lay out
that pretty much covers it um this is just showing you my property that auto mechanic shop at the top
of the block brings you up here and just taking you down that sector um nothing but commercial
spaces along that corridor leading up to passing genos you can see the 40 -foot structures from here
okay I think that is it all right um questions from the board
no Mr. Chairman no chairman no Mr. Chairman questions or comments from the virtual audience
chair we have Tammy Johnson okay hi could you state your name please and spell for the court
reporter. Ms. Johnson, please unmute yourself.
Okay. Hello? Hi. Could you state your name, please, and spell for the court reporter?
Okay. My name is Tammy Johnson, but probably I was trying to talk about what the 2352,
which you already approved. I forgot to take my hand down. Okay. Thank you. Is there anyone
else in the virtual audience yes chair we have charles richardson for 734 latona
his hand it's not me it's not me i'm sorry i was going to say not 734 latona
that's definitely wrong okay moving along we have deborah warring okay
Hi, could you state your name, please, and spell for the court reporter?
Good afternoon. My name is Debra, D -E -B -R -A, last name Waring, W -A -R -R -I -N -G.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Are you a neighbor?
I am. I live at 723 Latona Street.
Okay, proceed.
I'd like to, first of all, thank you to the board for allowing me to speak today.
I'd like to address a couple of the issues that Mr. Moody has raised.
and state my opposition to the proposed variances.
and state my opposition to the proposed variances. First, with regard to the variance for multifamily
use, I've lived on Latona Street since 2015. And, you know, Latona is, it's a small side street in
South Philly. We can't even get a full -size trash truck down, right? The little one has to come do
our collections. And it is a block that is predominantly, you know, two and three -story
homes. Now, there has been, as Mr. Moody has pointed out, some new construction happening on
Latona over the past three years. There's been two projects that this board has approved that
have greatly increased the density of the street. Indeed, there's been 12 new single -family homes
that either have been constructed or are currently under construction on Latona. On this one, the
700 block. This has really built up our block to the point that I'm very concerned about adding
additional units due to the density of population on such a small street. Parking here is already
a problem, but just beyond parking, the amount of increased street traffic and things like that
from having all these additional residents, I think certainly is a concern. I also think I'd
like to preserve the character of our small South Philly Street. Mr. Mooney has pointed out some
multifamily units that have been approved in the neighborhood. And I would point out that those
are a lot on major commercial corridors. He pointed out things on Pass Young. You know,
Latona is not a commercial street. There's not a single commercial property on Latona.
It is a residential, you know, single family street. And I would also point out that I believe
Mr. Mooney identified one or two properties on the street that he claims are multifamily. I don't
believe that any of those actually have zoning improved to be multifamily. I mean, it may be a
situation where they're not in accordance with the zoning regulations, but, you know, just because
somebody else is not doing what they're supposed to be doing, I don't know that that justifies a
variance here. And we're also concerned about the height. You know, Mr. Mooney's project sits in the
middle of a string of, you know, seven or eight two -story homes. I think it's really going to stick
out um on the block and um i think it's really going to deteriorate from the character of our
small side street um so that's why i'm standing in opposition thank you thank you thank you for
calling in we appreciate it is there anyone else in the virtual audience yes chair we have ian
last name ending with n as in nancy could you state your name and spell please for the court reporter
sir please unmute yourself there we go sorry i couldn't find the box
all right could you could you state your name please and spell for the court reporter
ian note i -a -n -n -o -t -g -e do you swear or affirm to tell the truth the whole truth nothing but
the truth. I do. Are you a neighbor? Yes, I live at 707. Proceed, sir.
I was really sad when Kayla and Mitchell moved to Maryland. They were great neighbors,
and I wish I could support their venture, but the variances that they seek will hurt our community.
Last week, I circulated a petition to neighbors living within one block of 734, and 39 neighbors
signed asking the ZDA to deny the variances sought. Only one of the 40i approach declined to sign
because he said he was unfamiliar with the specifics of the situation. First, we believe
that the proposed variances will have a negative impact on the community character and atmosphere
that we've worked so hard to achieve, allowing this single -family row home in the middle of a
strip of row homes to be converted into three apartment units, or worse still, possibly three
airbnb units runs counter to maintaining our cohesive community additionally density issues
such as parking and trash are already problems on our block increasing density without the
accompanying proper city planning for the needs of different kinds of use degrades functional
neighborhoods the applied for variance in height is also strongly opposed by the neighbors
We live here because we want to live on a small block of row houses. Putting in a structure that
dwarfs the surrounding homes is not the new aesthetic as the architect for the project said
to the Neighborhoods Association meeting last month. It is an assault on our historic character.
Although allowing these variances will erode the character of the block and our neighborhood.
Allowing these variances will erode the character of the block and our neighborhood.
Our neighbors fought very hard and virtually unanimously against two developments on our block within the past five years.
These developments and all the problems that we predicted that would occur with them were forced on us anyway.
Allowing a third development with multiple variances will just make a joke of zoning regulations that apply to our block.
A precedent will be set for developers to have carte blanche to do what they want, with no regard to how it will impact the people who live here.
What is the point of having city planning and zoning regulations at all if we allow every proposed construction to ignore the rules that make our neighborhoods livable?
Thank you for noting the strong and united opposition to the neighbors.
For your call. Is there anyone else in the virtual audience?
yes chair we have one more caller last the numbers are ending in eight four three nine
could you please state your name and spell it for the corporate
hello are you able to hear me uh could you just speak up just a little bit yes
this is mark gambita i'm a neighbor at 1224 south 7th street it's the corner of 7th and latona
could you uh chair this is the report i will i will could you do me a favor could you spell
your name again and do it slowly yes my name is mark m -a -r -k gombita g is in golf o is in oscar
m is in michael b is in bravo i is in india t is in tango a is in alpha
you swear a firm to tell the truth the whole truth is nothing but the truth
i do proceed and you're a neighbor right i am i live on the corner of seventh and london correct
all right i speak out in opposition of the project um many of the two people who just
went before me covered most of the legal and zoning side of why we stand against it
the variances that have been approved to continue on and on our street have caused utter chaos
Our street is absolutely destroyed. The sidewalks are demolished. My house has up to $30 ,000 in damage, maybe upwards to 50 plus. I've been battling insurance companies for months.
The contractors who are doing these projects are eluding us under multiple LLCs and other types of entities.
Squila has stepped up in our defense because of the absolute nightmare that we have seen.
Trying to put all of these heavy machinery construction vehicles down our street, as well as tearing apart buildings that are intricately connected and have been in many cases for 100 years or more, have just quite literally been an utter nightmare.
I'll let the two before me stand up for what they feel in terms of the actual legal side of it.
But from an emotional side, I don't wish anyone in our neighborhood this.
Mitch doesn't live here.
If he wanted support or money for his children's college, he should save the money he's investing and use that.
He's taking this as a business opportunity in order to better his own pockets and not protect our neighborhood.
My house is covered in filth.
Our streets are covered in trash.
It's an absolute disgrace that the city could even let the neighborhood get to this level.
And I have made hours and hours in the 100, 200, 300 -hour range of outcry to so many different departments.
And no one is ever willing to step up and help us.
If it gets approved past this point, there's no way to protect the citizens who live there.
And that's my biggest concern.
I hope no one else has to deal with what I have because it's been years of stress off my life.
Thank you for your call.
Planning Commission.
This is Ron Bednar, City Planning.
First name Ron, R -O -N, last name Bednar, B -E -D -N -A -R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Property is indicated for residential use on the city plan or adopt the district plan recommends no change to the existing
single family residential at this location the applicant's hardship is not supported with
evidence of unique physical circumstances or condition of the property that would
prevent it from being used and conforming with the code therefore we recommend
quest for variance not be granted thank you um mr moody i'm gonna i'm gonna take this to our
whole board and have a discussion in the executive section next wednesday and we'll vote on this at
two o 'clock. Okay. All right. Thank you, Mr. Moody, for coming in. All right. Thank you.
Okay. Here we go. Number one, MI 2022 -006 -082.
MI 2022 -006 -082 -1144
Frankfort Avenue.
Alan Nockamson is the attorney.
Letter of support from
Fishtown Neighbors Association.
Letter of non -opposition
from Council Member Squiller.
There's also a petition in support
signed by 13 residents.
Mr. Nockamson is coming back
in as a panelist.
Good afternoon, Mr. Chair and members of the board.
How are you, sir?
Could you spell your name and state your name and spell for the court reporter?
Yes, Alan Ockamson, A -L -A -N, last name Ockamson, N -O -C -H -U -M -S -O -N.
You swear a firm to tell the truth, the whole truth, and nothing but the truth?
Do you identify your client and relationship to the property?
Oh, yes. My client is the tenant of the commercial premises N -A -L -B -L -L -C, and the representative is Michael Sobolosky.
Okay. Our vice chair has just a few questions for you, sir.
Good afternoon, Mr. Nakhlinson. Do you agree to win the reading of the refusal and stipulate to its accuracy?
Thank you. Have you emailed in all the documents and exhibits that are required to proceed with this case five days in advance on this hearing?
Yes, we have.
Thank you. Please proceed. Share your screen.
Thank you.
Hi, so I'm here to present 1144 Frankfurt Avenue.
We're looking for a special exception for the ground floor commercial unit.
We're hoping to put a restaurant in there.
As part of our presentation, we'll first review the notice of referral.
Then the letter of support from the Fishtown Neighbors Association, where it was unanimously in support of this project, as well as the letter of non -opposition from Council Member Suella.
We did do a canvassing in the neighborhood, so we do have a petition from nearby neighbors.
We have a, the next thing that we would review is the zoning permit for the building itself,
just showing that it was approved as a multi, a mixed -use property with a vacant commercial space,
which we hope to fill up.
Maps of the area, photographs of the property, our floor plans for the restaurants,
Our RCO meeting notice showing proof of mailing of that notice to the affected properties.
Our applications for special exception, our commercial lease showing that NALB LLC is
a tenant to the property.
And our certificate of tax clearance showing that the property is in good standing with
the city of Philadelphia with respect to real estate taxes.
In the virtual audience is Michael Sobolewski, the one, the principal manager of the tenant, as well as architect as well in the virtual audience, if need be.
So the notice of referral. So we're here to just put a sit down restaurant in an existing structure.
we're here because there's an overlay the neighborhood commercial overlay north delaware
avenue overlay which requires this to be by way of referral we're cmx two and a half property which
this use would have been allowed um by right um and then you can see uh that uh the you know the
neighborhood uh in fishtown is uh glowingly in support of this project um we have a letter of
support from the Fishtown Neighbors Association, but you can see there are 33 members of the community who attended this meeting, 31 voted in support of this project, eight of which were from the RCO's executive community, and then two people voted in non -opposition.
So no one voted in opposition to this project at a well -attended meeting, and then Councilmember Mark F. Squilla also voted in non -opposition.
I'm going to I'm going to I've been having technical difficulties with my computer lately.
I think maybe the video. So if you don't mind, I'm going to shut the video off.
So I see there's a lag a little bit with my presentation.
And then we have a petition as well from nearby neighbors showing their support of this project as well.
And then this is just our zoning permit, showing that there was approval for this building as a whole with a vacant commercial space, which we're hoping to fill up.
Maps of the area showing that we're CMX two and a half.
We're right here. We're just off of Girard Avenue as we are entering Fishtown.
As you can see where we are, we're on a commercial corridor. There's Barcade. There's Source Urban Brewery here. There's Terror. And what's not showing is also Fabrica, which is another restaurant that my client owns and operates.
As you can see where we are, we're on a commercial corridor.
So, as you can see, we're in a corridor where it's commonplace to have restaurants of this sort. What we're asking for is not out of character. And this conditional approval based on this referral should be approved by the CBA for those reasons.
our photographs of the property so the building itself is still under construction and not
completed um once you know a co is obtained for the building as a whole we're looking to put our
restaurant space on the ground floor uh proof of of the posting for today's hearing and then
frankfurt avenue to the right of the property frankfurt avenue to the left of the property
our plans and drawings so this is how the building's going to look as finished and this
will be the commercial space which will be along the whole ground floor and there will be a low
level as well and then these are just our plans and drawings so there's two ways to get into
our restaurant along the side right here and right here there's ample seating there's 109 seats on
the first floor. And then in the lower level is where the kitchen area is, as well as storage
for refrigeration services and such. And then this is our RCO meeting notice. We had a meeting
on December 6th at 7 p .m. 76 addresses were notified of this meeting, list the addresses,
Proof of mailing to those addresses, our applications for special exception that was filed to the CBA, along with the notice of Pudy's own project information form, our commercial lease, again, N -A -L -B -L -L -C, is a tenant, the owner of the property is Frankfurt Collective LLC.
and our certificate of tax clearance showing that there's no money owed to the city of Philadelphia
for taxes. Just as a way of background, my client owns Terra and Fabrica, which are both on this
block. Fabrica, if you know the restaurant scene in Philadelphia, is a well -regarded restaurant
entertainment venue on the block. This concept would be for at 1144 Georgian food. My clients
are from the Baltic States, and they're looking to have a fine dining, high class of restaurant
with Georgian food. Hours of operation would be Wednesday through Sunday from noon to 10.
and noon to 10. And obviously they'll do commercial pickup as well. With that being said,
I would ask that my client's representative, Michael Sogoleski, virtually raise his hand and
be sworn in. Sir, please unmute yourself. Could you state your name, please, and spell for the
court reporter. Hi, my name is Michael Sobolewski, spelled M -I -C -H -A -E -L, Sobolewski, S -O -B -O -L -E -W -S -K -I.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Proceed, counsel. Yes, Michael, you heard everything I had to say today about
your zoning matter yes and is it true and correct yes it is and do you adopt it as your own testimony
i do absolutely all right thank you very much questions from the board
no mr chairman no mr chairman no chair questions or comments from the virtual audience
i see no hands chair planning commission
This is Ryan Bednar, City Planning. This property is indicated for commercial mixed use on the city plan. In 2015, we remapped it from I -2 to CMX 2 .5. Proposed use will have no more of an impact than would be expected to have given its specific location. Therefore, we recommend the board grant the special exception.
MI 2022 -006 -082 -1144 -FRANKFORT -AVENUE, I vote yes.
Thomas Hellman, my vote is yes.
Thomas Hellman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you.
Moving on to number five, MI 2022 -006 -109, 2356 North 20th Street.
Rebecca Cole is the attorney.
There was an RCO meeting on 1 -5 -23. We do not have a copy of the letter as at this point.
Ms. Cole is coming back in as a panelist.
Thank you. Good afternoon. Could you state your name please and spell for the court reporter?
Thank you. My name is Rebecca Cole, R -E -B -E -C -C -A -C -O -L -E, here with Vintage Law on behalf of client property owner of SIG Legacy LLC.
All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has just a few questions.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
have you emailed all of the required documents and exhibits five days in advance to our offices
to proceed with this case yes thank you please proceed and share your screen thank you so do
we counsel do you have an rco letter we do not have a letter from the rco we had a good meeting
with them and the project was well received um but we did not receive a letter was there a vote
There was a voter. Yes. Around five people attended a meeting on January 5th. Several spoke in support. No one spoke in opposition, and the vote at the end was fully in support of applicants' variance.
All right. Thank you. Prasheed.
I'm going to share my screen.
Can everyone see my exhibits?
we can okay thank you um again i'm rebecca cole here with vintage law on behalf of the client
property owner of 2356 north 20th street sig legacy llc my client tammy love is also here
on behalf of the llc we're here seeking uh a variance to legalize a duplex in an existing
long -term triplex at the property. We again had a good meeting with the RCO, resulting in their
full support of this project. As you can see from the refusal, we're seeking a duplex in an existing
structure that was, as notes indicate, previously zoned for a triplex in this same property since
1953. This property is a small rectangular lot roughly 16 feet of street frontage located at
the Blue Dot on North 20th Street just south of West York Street and above West Dauphin Street
to the south. We have a 1 ,200 square foot lot roughly with 2 ,900 square feet of interior building
area, including the basement. We're located in between York and Dauphin, and a moderately built
up residential area, as you can see from the map. There's a mix of two and three -story homes,
as well as a number of vacant lots and some apartments over commercial on the northeast
and northwest side of West York Street, a catty corner from this property.
Here are some additional photographs of the area showing the residents here along 20th.
And a larger scale photograph of the area showing Glenwood to the west.
Here's the copy of the zoning map. As you can see we are in a RSA 5 block of residential single
family, but we are very near to some CMX1 on the corners, which includes commercial and several
apartments above those commercial properties. This is a view of the property. 2356 is here on
the right. As you can see, it's adjacent to a vacant lot, and the attached unit 2354 is also
near some vacant properties. This property is an existing three -story brick structure
significantly dilapidated inside and in need of extensive interior renovations.
significantly dilapidated inside, and in need of extensive interior renovation,
which is why the client will do a full rehab of the building
and want to make it a duplex instead of the triplex it was used as since 1953.
The prior owner had used it as a rental from roughly 2013 to 2019,
and the pre -existing interior layout is designed for three units.
Again, the refusal notes that the CBA previously approved this property for a three -family dwelling in 1953.
Here are some more photographs adjacent to the property.
This is on the corner of 20th and West York Street.
This is facing north on North 20th Street.
You can see the commercial on the bottom of the properties at the northwest and northeast side of North 20th, as well as the apartments above.
You can see facing south down the street of North 20th that there are units two and three three story buildings with several satellite dishes and multiple buzzers indicating multifamily use.
and again here we have uh the front of the property
and let me just shrink this a little bit
and i think i have the same problem as mr knockamson if it will be okay for me to
you can sure that's fine thank you
okay thank you
We are seeking to legalize the two -family use in the single -family zoning district
through variance relief.
We are not seeking three -family use, despite the prior use and layout.
We are not proposing any new construction, addition, excavation, or height increase.
This project will be two residential units on floors one through three, where there were
three previous units.
The existing unfinished basement will remain. No living space will be in the basement.
Here's a view of the project. The first floor will be roughly 750 square feet of
living space with two bed, two bath. The second and third floors will be one unit,
1 ,500 square feet with five bedrooms and four baths. The reduction from triplex to duplex and
the large family -friendly unit sizes were some of the reasons why the community supported the
project at the RCO meeting. Returning to the refusal, I just want to point out we're seeking
used as a two -family dwelling in the single -family zoning district, and the prior usage was as a
triplex. The refusal even notes the CBA -granted approval for the triplex at this property
in 1953. The interior layout preexisted as three units, and the owner seeks to reduce density from
three to two units to be more in line with the neighborhood, and that is another major reason
why the RCO was in support of this variance. In order to obtain this variance, the applicant must
prove hardship, no detriment to public health, safety, and welfare, and the least minimum variance
is requested. Clients' application here does meet this standard for variance relief. The
unnecessary hardship here are the unique physical conditions of this small, narrow lot with the
existing three -story structure, with the dilapidated condition of the property when
purchased and due to these conditions and due to the need for extensive expensive interior
renovation the variance is required for economically viable use of the property
the interior living area is also too big to rent as a single family unit in this area
granting this variance will not be detrimental to the public health
welfare or impair adjacent property, nor will it alter the neighborhood, which has already
changed from a single family to a commercial and multifamily residential mix.
Again, as I noted before, there are multifamily residences throughout the area,
north on north 20th over those commercial properties, and south along the block on north
20th with multiple units, multiple satellite dishes, and multiple buzzers. The hardship to
the property cannot be cured by grants of the dimensional variance. This is the least minimum
variance. It has a de minimis impact of two units instead of one, which is still less dense.
it has a de minimis impact of two units instead of one which is still less dense than the prior
zoning for a triplex at this property therefore we believe the client meets the criteria for
variance relief and we would request you grant the variance for two -family dwelling at this property
as i stated the rco and neighbors supported the project and several neighbors in support
of the project are also in attendance should the board wish to hear from them
As I stated, we had no opposition from the RCO or the community and did not receive a letter.
That concludes my presentation. If the client could be called on.
Sure. Why don't we call your client and have your testimony adopted?
Thank you. Tammy, will you raise your hand?
Ms. Love, please unmute yourself.
Am I unmuted?
Could you state your name, please, and spell for the court reporter?
Tamara Love, T -A -M -A -R -I -A, Love, L -O -V -E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Ms. Love, did you hear my testimony?
Do you agree that it's true to the best of your knowledge and belief?
And would you adopt it as your own?
And Ms. Love, just briefly, can you describe your connection to the neighborhood for the
board?
I grew up in a neighborhood.
I just recently moved, but I grew up in a neighborhood.
All of my family still lives in a neighborhood, and I do own several other properties in a
neighborhood.
Thank you, Ms. Love.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chair.
Questions or comments from the virtual audience?
I see no handshare.
Planning Commission.
Ron Bednar, City Planning.
This property is indicated for residential on the city plan, given its documented use history and physical site conditions.
We recommend the request of your hands to be ready.
Thank you.
MI 2022 -006109 -2356 North 20th Street, I vote yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you.
Thank you, counsel.
Thank you.
We'll move on to number six.
MI 2022 -006045, 5 East Chestnut Hill Avenue.
Vern Adestasio is the attorney.
We have a letter of support from Chestnut Hill Community Association,
which was the coordinating RCO.
letter of support from Chestnut Hill Conservatory with provisos. And Mr. Anastasio, we're ready to
go. Could you state your name, please, and spell for the court reporter? Thank you, Mr. Chair.
Vern Anastasio, A -N -A -S -T -A -S -I -O, 2016 Spruce, Philadelphia, 19103. Right. Do you swear or
affirm to tell the truth, the whole truth, and nothing but the truth? I do. Could you identify
your clients and the relationship to the property? Yeah. For today, I represent Ms. Kim Dukes,
who's one of the owners of the property in question. Okay. Our vice chair has just a few
questions for you, sir. Thank you. Good afternoon, counsel. Do you agree with the reading of the
refusal and stipulate to his accuracy? I do. Have you emailed in all the required documents and
exhibits to proceed with this case five days in advance of this hearing everything has been emailed
thank you please proceed to share your screen thanks 5 east chestnut hill avenue
rather straightforward proposal here uh what we're asking for is the construction of a detached
structure which would basically be a carriage house that would house a single family dwelling
above three interior parking spaces. This is a larger parcel in at the top of the hill at
Chested Hill. We've gotten three refusals. First, because there's more than one principal building
allowed on the lot. Second is a side yard, and I'll explain to you why we can't meet the seven
feet, but we're pretty close at five feet four. And the use is multifamily. The property has
historically been multi -families, six families, five families, plus commercial. We initially
asked for four in total, three in the main house, one at the new structure. We've reduced that now
to just two in the main house, one in the new structure. So we're closer to compliance with
just three units. So let me pull out here and show you what we're talking about. This is Germantown
Avenue here on the left. Here's the existing home. Here are some photos of the existing home.
Here's the existing home. Here's some photos of the existing home.
And this is the rendering of what we're proposing, the carriage house that will house three car garages at the bottom and one family dwelling above.
There's some more renderings from the driveway entering the property.
as you can see here looking from chestnut hill hospital
here is the property in question there's the entire lot
here's the hospital here's our mother of consolation parish church
this is the property here's germantown avenue here's east chestnut hill
here's the church here's any immediate neighbor that is set all the way back here on germantown
Avenue. But the dentist, we've got the hospital parking garage. As you all know, Germantown Avenue
is a commercial mixed -use property street. This is the lot again. And here is what we're proposing
right here is the structure that will be standalone. Again, first floor will be 1 ,148
square feet three car garage and one dwelling unit above property as you can see is zoned rsd3
here's the landscaping proposal that we presented before the board i'm sure you know in
chestnut hill there are five separate meetings that we go through with the community to make
sure that all concerns are addressed. One of them was appropriate greening. We are over -stimulating
this site, over -landscaping it to make sure that there is appropriate buffers.
Again, here's the house. Here's the proposed structure. Now, this structure that we're
proposing actually will replace something that was already there. Historically, there was
approximately 1 ,500 square foot barn that sat here on the site for many, many years. It ultimately
was either fell down or torn down, but here's proof of that through the historic photos that
we have. So there was, in fact, a structure on the site that served for parking, I suppose,
horses at the time, but there was a barn right there at the site for a very long time. We're
just replacing it moving it closer to the property line here's the interior car one car two car three
some storage a foyer and going upstairs to the one family dwelling
here are some renderings some side
and here are some other photos existing gravel markings now as a matter of right if we wanted
to build something. We could, as a matter of right, subdivide this property today and build a large
2 ,568 square foot building allowed by right and put residential and maybe some parking and something
like that. That's not necessarily anything we want to do. We just wanted to show you what could
be built as a matter of right when it comes to crowding that space. That's not what we're
interested in. We are interested in, again, some off -street parking spots here and the
structure that will house one family dwelling.
Let's take a look at some of the history. As you can see, dating all the way back,
we've got five units and an owner's studio and an office. We even have at some point six family
dwelling and two doctor's offices. All of this is historic. As far as housing a single -family house,
there's nothing on record that shows that this lot ever housed a single -family home. In fact,
we had, as a matter of right, a five -family dwelling in the main house. Here's two doctor's
offices and six family dwelling. I'm going back to 1967. I'm submitting today an exhibit packet
totaling 109 pages. In addition to the 109 pages, I've also submitted under separate cover
to the zoning board an additional five pages for a total of 114 pages of exhibits today.
and let's get down to we did in fact meet with the community
and met with them five times as a matter of fact uh per the protocols of the chest
I met with them five times, as a matter of fact, per the protocols of the Chestnut Hill Community Association.
Here were the public meetings, and we invited the public to everything.
We do have proof of mailing, which is right here.
34 individual households were mailed on December 6th of 2022, inviting them to all the different
meetings. And as a result, Chestnut Hill Community Association sends a letter of support with
some provisos, and we can talk about them. We have David Richardson, who is an immediate
neighbor also sending an email of support. We've got 8724 Germantown Avenue signing in support.
We've got Tia Burke, another immediate neighbor, 12 East Chestnut Hill Avenue in support.
8836 germantown avenue in support our mother of consolation parish in support
the chest and hill conservancy in support again with a couple provisors that we can discuss if
you'd like and i'm going to move the other ones into into evidence as well margaret and jim at
2 East Chestnut Hill Avenue, and 41 East Chestnut Hill Avenue.
This exhibit packet also includes the deed, proof of taxes paid, and because the historic
legal use of this parcel has always been five or six family dwelling units with in fact commercial
uses because the proposed carriage house just returns a structure to the lot that once housed
a 1 ,500 -square -foot barn, because through the process, we've secured support from overwhelming
majority of all immediate stakeholders. We respectfully request the granting of this
variance. And with that, I'd like to call Kim Dukes to raise her virtual hand to be recognized.
Ms. Dukes, could you state your name, please, and spell for the court reporter?
uh yes hello chairman uh bergman uh my name is kim dukes and i am the owner of the property at five
east i could you could you just spell your name please for a court reporter d -u -k -e -s my uh name
as far as the ownership of the property is actually ilgen fritz i -l -g -e -n -f -r -i -t -z but i'm married to
Ian Dukes. He is a co -owner. Sure. And his name is I -A -I -N -D -U -K -E -S. Right. Do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth? Of course, yes. Proceed, counsel.
Thank you, Mr. Chair. Ms. Dukes, did you hear my presentation to the board this afternoon?
Yes. Is it true and accurate to the best of your knowledge? Yes. You adopted it as your own
testimony? Yes. Mr. Chair, I move all evidence and testimony into evidence and rest my case.
Thank you. Okay. Questions from the board? No, Mr. Chair. No, Chair.
No, Mr. Chairman. Thank you. Questions or comments from the virtual audience?
Chair, we have Charles Richardson. Good afternoon, Mr. Chair. Good afternoon, Mr. Richardson. Just state your name. I believe I swore you once today.
Yes, sir. Charles Richardson, R -I -C -H -A -R -D -S -O -N, Office of Councilwoman Bass, Room 508 City Hall.
Okay, Councilwoman is in non -opposition to the project, but she is in support of those provisos which are enforceable and agreeable with both parties.
So she's in non -opposition for this case.
Thank you very much for calling it. Is there anyone else in the virtual audience?
I see no handshare. Mr. Chair, I think I should just
clarify the provisos for the record, if you don't mind.
We went over them, but go ahead. You can do it.
The first proviso is the revised plans presented. I'm sure Attorney Emerson will speak more about
that after the vote during the vote uh the total number of units for the entire parcel will be no
more than three two in the main house and one and that's in the revised plans for her revised plans
right uh the third proviso that was suggested is just not something this board nor l and i can
enforce and therefore not something we can sign on to however my client is committed in perpetuity
to ensuring that there are no other,
Other, you know, the open space remains open, but to suggest that this board or we can sign on to a deed restriction for open space would be beyond the reach of this procedure.
you know, the open space remains open.
But to suggest that this board
We've already had that legal advice from our council.
Yep. Thank you.
Okay. Planning Commission.
This is Ron Bednar, City Planning.
The property is indicated for residential on the city plan.
Given its documented use history, we recommend the request for variance for granted.
Thank you.
MI 2022 -006 -045, 5 East Chester Hill Avenue. I vote yes with proviso. Revised plans, two pages, stamped by ZBA on March 8th, 2023.
Thomas Holliman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
thank you thank you have a good day sure number nine mi 2022 006 083 800 copman avenue
amy amy farrell is the attorney for the owner um letter of support from council member phillips
letter of support from Burr Home Community Town Watch and Civic Association.
Chair, I promoted Julie Bernstein for panelists. Hi. Good afternoon. I'm the attorney, Julie. Are
you the attorney? I am. I'm an associate of Amy Farrell. Sure. So why don't you state your name,
please and spell for the court reporter? My name is Julie Bernstein, J -U -L -I -E -B -E -R -N -S -T -E -I -N.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do. Could you identify your client in relationship to the property?
So Newtown Park Associates is my client and they are the owner of the property.
Okay. And our vice chair has just a few questions for you.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its
accuracy? I do. Thank you. Have you emailed in to our offices all the exhibits and documents that
are required to proceed with this case five days in advance of this hearing? Yes, we did.
Thank you. Please proceed and share your screen.
okay can everyone see my screen we can great good afternoon again my name is julie bernstein i'm with
kaplan stewart and we represent the owner of the property newtown park associates um the property
is currently zoned as rm2 and it consists of a multi -story residential apartment building with
one -story component along Cotman Avenue, which has historically housed commercial tenants.
The property has a long history of the small -scale kind of commercial tenants in this first floor.
They cater to the building residents and the surrounding community. The applicants here today
seeking a variance for the use of suite two or unit two of this commercial area for use as a
dog grooming salon, which is defined as an animal services use in existing to the other existing
uses at this property. To streamline the process, I'd like to incorporate our exhibits and exhibit
list into the record. I also have two witnesses with me today, David Waterman, he's the owner's
representative, and Marianella Moore, the owner of Poochlevy, which is the tenant, the groomer,
that's being proposed here. Marianella did email me that she's having some tech issues,
so I hope she is on. So briefly, I'm going to go through the exhibits. We have, first,
we have the deed showing that Newtown Park Associates is the owner of 800 Cotman.
And then next up, Exhibit A2, we have proof that they've historically paid all of their taxes.
The balance here isn't due till the end of the month. It's the 2023 taxes, but otherwise they
are in compliance, they will pay this month. Then at A3, we have the notice of refusal, which again
indicates that animal services is prohibited in this district and our application for appeal
as well as the project information form. So as well as posting photographs indicating that this
was advertised. So here, getting to the property itself. So as you can see, this is the building
located at 800 Cotman Avenue. It is kind of, it's in this RM2 district. It's adjacent to a lot of
other kind of commercial uses, as well as the residential that's back here, but there's the
as well as the residential that's back here, but there's the auto wash across the street from a
auto wash.
Wawa, and then there's a bunch of other kind of commercial spaces down the street. The grooming
salon is going to be located along this kind of first floor commercial space. On the front, it
lines Cotman Avenue. This has actually been nicely renovated. It has a parking lot in front,
and this is what it looks like, the exterior space. So it's going to be located in the second
unit from the right, which is here. And again, facing Cotman Avenue, which is kind of in the
front. This is interior photographs of commercial space unit number two. So you can see it was set
up, it's vacant, it will be renovated for the dog grooming salon. But these are the windows to the
front facing Cotman Avenue. There's a bathroom. Here's a few more photographs of the space. It's
set up to be used for commercial use. Again, here we have the zoning map, which indicates that this
is in the RM2 district, but it's located adjacent to other light industrial and some kind of
commercial auto uses in this area. So it really is kind of a mixed corridor along here in terms
of what the uses are. Finally, I have this key plan indicating, again, I said it was the second
unit all the way to the right. The first unit is a leasing office. Then to the left of it is
Brilliant Stars Daycare, which we received approval for in March of last year. Next to that
is a lash salon, which we approved, we received approval for in the end of September of last year.
And then finally, Unit 6 at the very end is Skin Aesthetics.
It's a spa of sorts that's at the end.
They also received approval in March of 2022.
So this is really the only vacant space right here.
And it kind of nicely fits in with the other uses that are along this area that will serve
the residents in the neighborhood.
Um, we have a little included Pooch Levy's business statement. This is the groomer. Um,
they have very cute branding. Um, so just to go through kind of briefly, uh, Marianella,
the owner has, um, owned this business since, uh, 2020 and it currently is located nearby.
I believe it's in a smaller space, which is why they wanted to move here. Um, they offer all
sorts of services for your dog from shampoos all the way to dye. And they anticipate that they'll
have six employees or groomers. Their hours of operation initially are going to be Tuesday to
Saturday from 9 a .m. to 7 p .m. Sunday and Monday they'll be closed except for administrative
offers, office hours, and potentially some light services might be offered by appointment only.
If the demand increases, they would hope to kind of expand the hours from Monday to Saturday.
They anticipate that they'll have a maximum of the sick dogs on site at any time.
15 to 25 would be groomed per day, and they kind of cycle in and out.
They are going to set up signage for waste removal.
The owner of the property has a dumpster and established waste pickup already on the property.
And then the employees are all trained to work with the animals, keep them nice and calm and pleasant to deal with.
And here we have, again, we went to the RCO to ask for their support, and we got unanimous supportive approval.
This is our advertisement out to have them come to the meeting.
And here is proof of service.
And again, then we received a full unanimous vote of support on February 9th.
It's actually 2023. This is a Scribner's error. It did happen last month, not a year ago.
So that is basically the proposal. It's fairly simple. Again, this is a first floor space on
Cotman Avenue. It really has been created for commercial space. It's not set up or laid out
in a way that would be comfortable or usable as a residential space. It's historically been used as
a commercial space and a mixed -use property, so we're here just seeking relief for this one
remaining space. We're amenable to Proviso limiting the animal services used to the commercial unit
number two or suite number two. As I've mentioned, I have David Waterman with me,
um the owner's representative if he can raise his hand why don't we have your testimony adopted
raise his hand why don't we have your testimony adopted
mr waterman
sir please unmute sir hi can you state your name please and spell for the court reporter
david waterman w -a -t -e -r -m -a -n right do you swear or affirm to tell the truth the whole truth
nothing but the truth i do proceed counsel uh hi david uh you've heard what i've just explained
about the proposal for this property is it true and accurate to the best of your knowledge
yes it is and do you adopt this as your own testimony yes i do
and you want to call your other witness or um i think okay uh i if you feel it's necessary i can
see if she's on i i think we're fine all right questions from the board no mr chairman no
no mr chairman no mr jim questions or comments from the virtual audience
i see no handshare planning commission uh ron bednar city planning properties indicated for
commercial mixed use on the city plan proposed use will have no more of an impact than would be
expected to have given its specific location therefore we recommend that the board grant
the special exception. MI 2022 006083 800 Cotman Avenue. I vote yes. Proviso. Use limited to
space number two. Thomas Holliman. My vote is yes with proviso. James Snell. My vote is yes with
proviso ishmael shaheed my vote is yes with proviso thank you counsel thank you have a good
afternoon okay is there anyone in the uh audience that case has not been heard from the 2 p .m list
i see no hands chair okay we're gonna we're gonna take a 10 minute break to 3 30
Excuse me, Chair. A hand just went up. Mr. Falco, Gabriel Falco.
Hi, could you state your name and spell it, please, for the court reporter?
Yes, sir. Good afternoon, everyone. Thank you for your time. Gabriel Falco, G -A -B -R -I -E -L, last name Falco, F -A -L -C -O.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
What case are you interested in, sir?
I am interested in 1719 North 2nd Street. I believe it ends in 055922. It was a 930 listing
this morning. 930 listing. Okay, let's see here. Hi, Mr. Chair. This is Hillary. Yes,
that was a 930 case, and it was continued at the request of the attorney for the applicant.
you hear that sir yeah I was muted again uh yes I did hear that that's fine uh and I know
Dawn Tancredi's office is handling the uh paperwork the attorney what do we have a time
for when it was continued to or do I wait to like it be notified of that you will be notified sir
okay thank you all for your time appreciate the hard work sure absolutely okay uh anyone else
We got one more, Ms. Robinson.
Hi, Ms. Robinson, could you state your name, please, and spell for the court reporter?
Hi, my name is Michelle Robinson, but I'm here helping the applicant.
For the next round of cases?
It was for a 930.
Okay, well, all the 930 cases have been handled.
Which case was it?
It was MI -2022 -002349.
What's the location?
1129 South 51st Street.
Mr. Chair, that was the case that we had to continue due to technical issues.
That case will be rescheduled.
That case is going to be rescheduled.
All right.
Thank you.
Thank you.
is there anyone else in the audience that's it chair i see no more hands so why don't
why don't we continue to 3 35 we'll be back okay and thanks everyone
thank you chair
Thank you, Chair.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Mr. Kelly, are you back?
Yes, I am, Chair.
Yes, I am, Chair.
Keisha, how do we look at when everyone else?
Thank you.
Thank you.
Are we going back?
Mr. Kelly, are you back?
He's back.
Yes, I am.
Okay, Chair, everyone is here.
I'm ready anytime you are.
You may begin, Chair.
Sure, thank you.
Good afternoon.
My name is Bill Berkman, and I will be chairing the 330 ZBA hearings this afternoon.
With me is our Vice -Chair Ismail Shaheed.
Present, Mr. Chairman.
Our Board Member, Thomas Holloman.
Present, Mr. Chairman.
Our Board Member, James Snell.
Present, Mr. Chairman.
Also President is our Attorney, Hillary Emerson, and our Executive Director, Tanya Sunken.
Here's our virtual format.
Be advised the proceedings are being recorded.
The video will be available by contacting tanyasunkett at phila .gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To win an appearance statement, call 267 -270 -5548.
4548. Leave your email and the address of the property in question. And lastly, the question
answer box on the screen is not for comments or testimony. All comments should be directed to our
executive director, Tanya Sunken. Let's look at this afternoon's continuances. Number one, MI 2021
221 -003 -878, 1619 -35 North 5th Street. That case is continued. Attorney moving party.
And number four, MI 2022 -006 -003 -2055 Cemetery Avenue. This case is continued.
you. Are there any comments relative to the two cases that have been continued?
I see no handshare. Are there any other requests for continuances?
I see no handshare. I want to cover also two cases that we do not have exhibits for.
MI 2022 -002 -761 -408 -10 West Chew Avenue. No exhibits, second listing. No one appeared the
first time. Mr. John Nugent is the listed owner. I see no handshare. So MI 2022 -002 -761 -408 -10
West Chew Avenue. I vote to dismiss. James Snell, dismiss. Ishmael Shaheed, dismiss.
Ishmael Shaheed, dismiss.
Thomas Holloman, dismiss, please.
Thank you, Tom.
That case has been dismissed.
Number five, MI 2022 -002851 -2328 North Natrona Street.
No exhibits, second listing.
There was a contingency request at the prior hearing.
Elijah Cupid is the listed applicant, and the listed owner is Thomas Bronson.
Is he either here?
Chair, we have Elijah Cupid listed in the audience.
I'll allow him to speak, but the answer isn't raised.
Thank you.
Mr. Cupid, please unmute yourself.
Hi, could you state your name and spell, please, for the court reporter?
My name is Elijah Cupid, E -L -I -J -A -H.
C -U -P -I -T.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Affirm.
Mr. Cupid, this is the second listing we have.
We do not have any exhibits from you.
The exhibits wasn't forwarded?
We do not have them, sir.
And that was the whole package.
They said they don't have the package for us over the zoning board.
Right.
Have you had your RCO meeting?
we uh we had well they we had a meeting on the 23rd um and we had somehow some malfunctions
happened we couldn't get on the meeting um and everything was submitted to the rco and everything
was submitted to the zoning board also ahead of time i'm not sure why you got well let's go back
did you ever have an rco meeting we didn't we didn't actually have a meeting um and she was
supposed to get us a letter we we scheduled twice uh well we scheduled once well we couldn't get
the meeting the first time because we that we was trying to uh meet with you guys so we couldn't get
the rco so we had to reschedule with y 'all so we we scheduled one for the 23rd which me and a couple
of people who supported me couldn't get on it was just saying we was waiting for them to start the
meeting so we couldn't get on and kept trying to reboot reboot and that went on for like an hour
i emailed everybody i called everybody mr netta is in charge of the cdc down there and her
assistants we couldn't get nobody that night but it was several people that couldn't get on so
So my expedited just suggested that we just come and try to be heard from the board today because this would be the second time we postpone.
OK, so we don't have your exhibits is what I'm saying.
We did. Yeah, we did. I mean, it must have been some kind of issue.
So here's here's what we're going to do. We're going to continue the case.
The next time you come in, it must be tried. You do the best you can to have our meeting.
And if you need help with having your exhibits delivered, call the office.
They'll tell you exactly what to do.
Good enough.
So, so MI 2022 002 851 2328 North Natrona street.
The case is continued.
Mark must be tried the next time.
Thank you, sir.
Chair, we have Tyrone Williams with the hand up.
uh okay uh mr williams yes how you doing mr bergman could you state your name please and
spell for the court reporter sure tyrone williams spelled t -y -r -o -n -e the first name williams w -i -l -l -i -a -m -s
is the last name from the tell the truth the whole truth nothing but the truth yes i do sir
what case do you want to talk about i want to talk about 2328 north natrona i just heard uh
the young man on the phone just now, as he did state, we have a standard RCO meeting
every fourth Thursday of the month. We did have one in February. Mr. Tennant and Mr. Colbert
were to present on that evening. They were given our Zoom information, a timely matter.
Mr. Tender let me know that he was not going to be there.
Mr. Colbert was supposed to be there.
Our meeting did take place.
We had well over 20 people who had came in.
I don't understand why they couldn't get in.
So, Mr. Williams, so you know, I've continued the case.
I told him he has to reach out to the RCO to get in for the meeting,
do the best he can for that.
I also need some more paperwork from him.
So it's continued the next time it has to be tried.
Yes. Well, we're the coordinator of the RCO. We have been talking with you.
Okay. That's great to hear.
And so we'll try it again, but I just wanted to put this on record.
All right. Thank you so much for coming in and putting it on a record. Thank you.
Okay, we're going to start with case number two. MI 2022 -003 -880 -5015 Cedar Avenue. Mr. Saquat is the owner applicant. It's a pro se. There is a letter of support from the Cedar Park neighbors.
Okay. We're going to start with case number two.
Mr. Sequat.
I see no hands at this time, Chair.
I'm sorry, Chair.
The hands just came up.
Okay, that's fine.
All right, I'll see who this is.
Zai, last name ended in with C, as in Charles.
Please unmute yourself.
Okay, let's see who it is.
Hello?
Hi, Kai, could you state your name and spell, please, for the court reporter?
Yes, my name is Zay Chakran. Z -A -I, first name, last name is C -H -A -K -R -A -N -E. I am the daughter of
the former owner, the current owner, who is Noelle Sakat, my mother. She can state her name for the
record as well now. Hold on one minute. Who's going to present? I'll be presenting. Okay,
so so let's stay with you first do you swear or affirm to tell the truth the whole truth and
nothing but the truth yes i affirm okay um our vice first let me read this to you this application
is for the use excuse me mr chair excuse me the chair this is this is hillary she is not the owner
of the property she cannot testify for her parents okay they need to testify about the property so
they need to be torn in okay so let let which one of your parents are here my mother is here
my father is the original property owner and he passed a few years ago okay so is your mother
prepared to testify yes excuse me chair i'm sorry i had to promote them to panels okay thank you
hi could you state your name please and spell for the court reporter
hi my name is Nawal Sekat n -a -w -a -l last name s -e -q -q -a -t
you swear or affirm to tell the truth the whole truth nothing but the truth
i do swear right so now you're the owner of the property you're the ones going to have to testify
if you if you want to show the computer you can show the computer for
but you can't testify okay all right so this application hold on this application is for the
use as a multi -family household living four dwelling units on the same lot with all other
uses as previously approved no sign on this application the proposed multi -family household
living is prohibited in the rsa 3 zoning district whereas four parking spaces are required there are
none being proposed. That's why you're here for variances. So our vice chair has just a few
questions for you. Okay. Good afternoon, ma 'am. Have you emailed all the required documents
and exhibits to our offices five days in advance to this hearing for us to proceed
with this case? Yes, I did. All right. Thank you. Please proceed. You can share your screen.
One second.
Green button at the bottom.
Oh, one second. I'm just pulling this up.
okay so now what we're going to do your mother's going to say what it is she wants to do
and where i would start is if you have pictures of the property show us pictures of the property
we see all your documents that you've submitted we have them yes
I mean, I'm really in pictures.
Maybe in the last season.
I guess I think so.
do you want like a picture of the front of the property so so remember i i need for her to
testify right so what i would say is show me the front of the property first i'll take you through
show me the front of the property sure
this is the front of the property that's in front of your property yes and how many units are in
the property four it's four units and that's currently separated already as four units yes
four utilities all separated how long has it been in that situation where it's been four units it
was built since
it was built, it was
built as four unit.
How long have you lived there?
Well, we have it for over 15 years.
All right. Show me the
inside of the property now.
I'm sorry.
I'm sorry.
These are the pictures of each bathroom and each kitchen.
Is the property separated with utilities?
There's electric meters for each property?
And let me ask you this.
the rest of the block the block that this is on are there multiple other multiple unit buildings
yes uh actually the the the house next to me that we do share the next the same wall
she had it has four units still all right okay
all right so this has been existing for 15 years that you know of
okay all right questions from the board no mr chairman
No, Chair.
No, Chair.
And to be clear, you also went to the Cedar Park neighbors, right?
The RCO.
And you presented your case and they agreed, right?
They sent a letter of support.
Ma 'am?
You guys freeze up?
Yes, yes.
So my question is, you guys went to the local neighborhood RCO?
Yes, we did.
And they agreed with you.
The center letter of support.
Questions from the virtual audience?
I see no handshare.
Planning Commission.
This is Ron Bednar, City Planning.
This property is indicated for residential use on a city plan or adopted district plan risk means no change to existing residential single -family zoning at this location.
the applicant's hardship is not supported with evidence of unique physical circumstances or
condition of the property that would prevent it from being used and conformity with the code
therefore we recommend rest for variance not be granted. MI 2022 003 880 5015 Cedar Avenue I vote
yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes. Ishmael Shaheed, my vote is yes.
You have your votes, you have your variances. Thank you. Thank you so much. All right, thank you.
And we can go ahead and lead now. You're done, you're done. You'll receive things in the mail,
Okay. Thank you. Number six, MI 2022 -002 -344 -400 East Allegheny Avenue. John Sotomayor is the owner.
Letter of support from IMPACT. Letter of non -opposition from Council Member Lozada.
Mr. Sotomayor.
Oh my God.
Mr. Sotomayor, how are you?
Could you state your name, please, and spell it for the court reporter?
John Sotomayor, J -O -H -N.
Last name is Sotomayor, S -O -T -O -M -A -Y -O -R.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
right so this application is for a takeout restaurant at the first floor in the same
building with single family household living above there are no signs no sign this application
There are no signs, no sign this application.
there's one
There's one referral.
The proposed takeout restaurant requires special exception approval in the RSA CMX 2 .5 zoning district.
Our vice chair has a few questions for you, sir.
Good afternoon, sir.
have you emailed all the documents and exhibits required to proceed with this case five days in
advance of this hearing yes thank you please proceed with and share your screen
can i um share um can i share with um badista katia present on my package as i present i know
yeah she can show the screen you're going to present okay okay all right your honor i i
have to share the screen of another computer. You have to give me access to share the package.
He's on his phone. Okay, we will. We will.
Now that she's letting me join up. Now I'm going to share the screen.
Okay, and we're going here. Can you see?
Mr. Sotomayor, now that's your screen, and you're going to do the testimony for us, okay?
Okay, good afternoon, everybody.
Tell us what you're going to do.
Okay, I submitted the application of Guinea last year for 2022 for takeout restaurant with a single family dwelling.
Basement will be used for storage purpose of the restaurant.
At test, you will find the application, the refusal, the special exemption forms, project information, the flyer, letter of support from RCO Impact Service and 42 -second award, certificate of mailings, pictures, floor plans of the building view and elevation, as well as interior layout.
All right.
So why don't we do this?
Why don't we do this?
Let me see the pictures.
There's your notice. We see that.
I need the outside photos first.
I can't see that.
Right there.
That's your property there.
That's correct.
And the first floor is going to be the restaurant.
That's correct.
Take out.
It's vacant.
It's vacant right now.
That's the interior.
That's your mailings?
That's my mailings.
Could you show me your letter of support from Impact?
They support.
Mr. Sotomayor, all seven people voted for you?
And this is your drawings for the first floor, right?
That's correct.
Basement's going to be storage.
This is your first floor here.
That's correct.
Hours of operation were Monday to Friday, 7 to 3 p .m.
We'll be having cameras, lightings on the corner, and commercial trash in it.
All right.
Questions from the board?
No, questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Chair.
Questions or comments from the virtual audience?
As Inouye and Chair, Planning Commission.
Ron Bednar, City Planning. Property is currently split zone for residential and commercial on the
city plan. Proposed use will have no more of an impact than would be expected to have given its
specific location. Therefore, we recommend that the Board grant a special exception.
MI -2022 -002 -344, 400 East Allegheny Avenue, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you, sir.
Thank you.
Thank you.
Number seven. MI 2022 -002 -641. 12094 Depew Avenue. Mr. Mamet Kalaf is the owner, pro se. Letter of support from the Somerton Civic Association and letter of non -opposition from Council Member Squilla.
from Council Member Squilla. O 'Neill, I'm sorry.
O 'Neill, I'm sorry
Hi sir, could you state your name please and spell for the court reporter?
Yes, that is Mahmoud Mamaklov, M -A -H -M -U -D, M -A -M -A -T -K -U -L -O -V.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has a few questions for you.
Good afternoon, sir.
Have you emailed all the required documents and exhibits that are required for us to proceed with this case today five days in advance of this hearing?
I did.
Okay, thank you.
Can you please proceed and share your screen?
And, sir, I'm going to read you what we have here.
This application is for the documentation and legalization of a deck at the rear of the first floor level. Sizes and locations as shown in the application plan. A deck may not be enclosed by walls or roof above the usable surface of the deck, nor may be enclosed by walls below the usable surface of the deck.
Decks and similar attached structures with covers of walls are considered part of the principal building and must comply with all yard and other requirements that may apply to the principal building.
You can now share your screen, sir.
So let me start showing with the pictures.
That's my house.
I built this deck without getting a permit initially.
and so the zoning board i'm here for to get a permission to get a zoning permit on this roof
so this is one side of how old is the deck i have to look up one second
approximately 24 24 foot
side is 10 10 by 24 okay and there are another picture from the site and very last picture is
from the other side that's how it looks like and i have the stairs everything and it's right
behind my house and i did one to rco meeting there were 25 members they all support my
presentation you have a letter from um the councilman o 'neill to non -opposition right
okay uh i am not quite sure i should have it but i don't have a copy on me
i should yeah i went to the o 'neill's office okay all right so i i believe we have a copy of it
how long ago did you build the deck right after covid so the late 2020
all right um questions from the board
no mr chairman no mr chairman no mr chairman no mr chairman questions or comments from the
virtual audience i see no handshare planning commission this uh ron bednar city planning
property is indicated for residential and the city plan, given the, hold on a second.
The applicant has not demonstrated unnecessary hardship regarding the requirements of the code.
Application does not represent consistency with the adopted district plan,
therefore we recommend the request for variance not be granted.
MI 2022
002 641
Depew Avenue I vote yes
Thomas Holliman
my vote is no
James Snell
my vote is yes
Ishmael Shahid my vote is yes
you have your vote sir thank you
thank you
We're going to go to number nine, MI -2022 -004 -648 -7492 Oxford Avenue.
Mr. San is the owner.
Letter of support from Fox Chase Homeowners Association.
Letter of non -opposition from Councilman O 'Neill.
Mr. Sun is coming back in as a panelist.
Mr. Sun is coming back in as a panelist.
Hello?
He was just here, Chair.
That's fine.
That's fine.
Mr. Sun?
There he is.
Sir, could you please unmute yourself, Mr. Sun?
Could you state your name, please, and spell for the court reporter?
My name is Kwam Sun.
Q -U -A -N.
My last name is S -O -N.
Mr. Sun, could you do me a favor?
Good, I can see you now. That's fine. I need to see you. Thank you.
So this application is for the uses of personal services, hair and nail salon on the first floor of an existing structure.
The proposed use of personal services is prohibited in the RSA 3 zoning district.
Our vice chair has just a few questions for you.
Chair, excuse me, this is the court reporter. Would you like to swear him in?
Do you swear or affirm to tell the truth, the whole truth,
nothing but the truth?
Yes, I tell it too.
Our vice chair has a few questions.
Good afternoon.
Have you emailed all the required documents
and exhibits that are required
to proceed with this case five days in advance
to our offices?
Yes, I do.
Thank you.
Please proceed and share your screen.
Share your screen.
green button on the bottom yeah that's good you're good
okay so okay see
oh here's the portal in front go slow for us so that's that's the photo of your property
Yeah, this is in front of my property, and this is the side building.
This is from the back.
There are three doors to the building.
This is the first room, the main room.
This is the main room.
This is called the storage room.
So I try to knock out one side right here, knock out to make the room look bigger.
This is really smaller.
And I try to close this.
Entrance from the first floor from the second room to the second floor.
You're going to close that up, you're saying?
Yeah, we close this one and open to the kitchen and separate like the two, like a,
So two rooms on the first floor and the kitchen go with the second floor.
Mr. San, what was in that property, the first floor before?
It's like a gun shop.
What kind of shop?
Gun shop before.
Yeah, yeah.
It's like a buy for a sports shop.
Like a, like a, the gun shop for fishing, fishing and guns?
A sports shop.
Sporting goods.
All right.
Thank you.
This is, that's all.
This is the kitchen.
This view from the top.
Why don't you point out where you are there?
uh no this is the the building that's what i'm saying well could you point out where you are
i see right okay all right it's right here we can probably put here and to and from i think
and we can pop in like fours in the between right here all right the maximum of that
do you have drawings on what you're going to put on the first floor first floor we put just like a
you have drawings of what the first floor is going to look like when you're done
oh my first floor is this way
okay right here right here show me what you're doing there right here is the first floor the
okay right here right here
original one on the top on the top right here this is the first the original like this and
we try to take this one out right and let's make a big one and we just close right here see take one
out and close this and open from the stairs go up from the kitchen go up to the second floor
so we have like a three uh three uh barbershop right here one two three and a sample one right
here and eyebrow and this this room right here we have uh two uh pedicure medical and and pedicure
so the whole property is going to be nothing but a shop now nothing no living on the second floor
yeah yes we still live on the second floor the second floor uh we uh we we go to live there and
yeah but I'm saying
where are you going to live on the second floor
the stairs go to the second floor
what I'm saying that's part of the business too
on the second floor
part of my business
I will give them
friends
for rental i usually bought the first floor is for like this one way from here to there
right so this this is the whole first floor here yeah all right and and the second floor
is going to be someone living yes someone living okay all right and here is the
how long have you had the property i just bought last year april april 8th it's almost a year from
today like a one more one more month it's a year has the first floor been vacant for a while
uh yes then i bought it i didn't i didn't do anything yet but the second floor i didn't do
anything yet too because i because they need to apply to to fix it so i so i don't do anything
and this property is attached to a property next door yes it's a twin uh twin building
all right the twin the attached building what's there is uh dance studio the next door
what is it sir then uh dance dance studio oh dance studio okay okay all right okay all right thank
you um questions from the board mr chairman no mr chairman no chair questions or comments from the
virtual audience i see no hands chair hi planning commission sir ron bednar city planning this
property is indicated for residential and city plan but given its physical circumstances of the
site, UCS3, we recommend the request for variance to be granted. Thank you. MI 2022 -004 -648 -7492
Oxford Avenue, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Ishmael Shahid, my vote is yes. Thank you, Mr. Son, you have your votes. Thank you, thank you very much.
Number eight, MI 2022 -005 -930 -12301 McNulty Road. Richard DeMarco is the attorney.
Letter of non -opposition from Councilman O 'Neill. Letter of support from Parkwood Civic Association.
mr demarco good afternoon mr chairman can you hear me okay i can i can i can sir could you
state your name please and spell for the court reporter i can't hear the chairman uh hold on
can everybody hear me okay we hear you okay
hold on let me check let me just if you give me a minute i want to change my audio i'm not hearing
you, Mr. Chairman. Hold on. Okay. I'm sorry. Test. Test. Shit. Can you hear me? Mr. Chairman,
Mr. Chairman, if it's okay with you, I'm going to try to come back, leave.
if it's okay with you, I'm going to try to come back, leave. Yeah, do that. Come back in.
Yeah, do that. Come back in. Come back in.
Hold on. Sorry.
Thank you.
Thank you.
Thank you.
We see him come back in.
No, Chair.
do we have his number to his office we could call
um let me let me see Mr. Chair hold on
Chair, we have a hand up by Mark Boston.
Do you think that could be him on another device?
Yeah, we'll see who that is.
Mr. Boston, please unmute yourself.
Raise your hand, Mark, and tell him I'm going to restart my computer.
They can hear you right now.
They can hear you.
I hear you.
he said he's restarting his computer he said you guys can go to the next case
we don't have a next case oh okay so we are the case so mr richard it's not letting me
back in all right i'm gonna try to do it on my phone i'm not gonna be able to show him the
exhibits but they have all the exhibits let me hang up mark and i'll try to log in on my phone
okay all right no problem all right bye
hillary we we have the exhibits but it's going to be kind of hard to
visualize what it is yes i was going to say chair we still would need him to uh show the exhibits
but um it was um the gentleman who was just speaking is he able to show the exhibits is he
part of his firm demarco said he's calling back in on the phone let's see what it is
excuse me chair did you want me to allow
Mr. Boston to speak again
DeMarco said he's calling us so let's see
if we see his
if he raises his hand first
if his audio only works on his phone
but he could still share if his computer
is still working he could still share the exhibit
It's through his computer.
I think he should.
I think he said the computer, they weren't letting him back in on the computer.
I don't know.
Is the person he allowed to talk still there?
I'm sorry, Chair, were you speaking to me?
Yes, the person who spoke for him a couple of minutes, because he's still on the line there.
Yes, but Mr. DeMarco just came in.
I'm going to promote him.
He's coming back in as a panelist.
All right.
I'm really sorry about this.
So, Mr. DeMarco, well, first of all, state your name and spell for the court reporter.
Certainly.
I apologize for the issues here.
Richard DeMarco, D -E -M -A -R -C -O, attorney for applicant.
Right.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
So let me ask you, can you speak on the phone and use your computer to show the exhibits?
For some reason, when I try to reestablish, I get sent to the registration page and it keeps me on the register, keeps sending me a new registration page.
So I'm not sure why that happened.
You were you were given the exhibits.
um let me let me what i can do is i get an email i'll try it one more time and i'll stay on with
you on the phone because i can certainly go through the exhibits um like orally we do not
have opposition we do have an rco letter of support we do have i say everything but i think
we have to see something i mean i i get what you're saying it works it works okay
so i'm joining on my okay hopefully there won't be feedback i'll hang up the phone if i
get feedback just make sure that other device just stays on mute okay
And you just have to unmute one of your devices.
Can you hear me?
Can you hear me?
Get the feedback.
Let me try.
How's that?
We don't see anything. We hear your voice. We just don't see the documents.
Hold on.
Here you go.
All right. Sorry about this, Mr. Chair.
We're okay.
All right. So there's the refusal.
All right. So there's the refusal.
You're going to get a little bit of feedback here. I apologize.
We have the refusal. Why don't you go to the photos of the place?
I'll rotate, I'll rotate, I'll rotate.
Oh, sorry.
Sorry.
It's a dance studio, Mr. Chairman.
It's a really nice after -school dance program.
This board actually granted a temporary variance more than five years ago.
We're asking for permanent relief.
it's an industrial complex there's very few residences nearby i'll show you the front
again sorry about the technical difficulties here
we met with the neighbors no opposition
um there's other it's like one of those industrial sites with with different carve -out
rectangular warehouse properties. They can't locate in a commercial usage.
warehouse properties. They can't locate in a commercial use in a neighborhood because they
need high ceilings to do their dance moves. It's a lot of noise, a lot of stomping, so they really
can't look for a commercial space. The property is zoned I -1, but this is a really unique use that
needs a location like this. There are actually commercial uses in a lot of these properties
nearby. Let me show you on the internet here. So this is, it's right behind, if you can
see with my cursor, it's right behind this parcel right here. They're divided up into
different warehouses, and one of the warehouses is our use. They have after school. Let me
just show you one more thing. Here's the letter from the councilman. And then I just want to show
you the floor plan. It's basically an open warehouse. So I'll show you the overhead so
you can see what we're talking about. So you can see our use is right here. We're actually in the
back we face away from the road and it's a big open warehouse area we feel obviously feel variance
relief is now appropriate if the use would ever cease a new use could certainly come in
the problem with having industrial users in these spaces is there's no loading dock
so this is really an appropriate use you did granted variance for this use on a temporary
basis, and now we ask for it to be permanent. So I'll just ask Mark Boston to raise his hand
virtually, and I'll ask him to accept my testimony. Okay. And again, sorry about this.
Mr. Boston, you can unmute yourself, please. Could you state your name, please, and spell
for the court reporter? Hello, how you doing? My name is Mark Boston, M -A -R -K, Boston like the
city b -o -s -t -o -n right do you swear or affirm to tell the truth the whole truth nothing but the
truth yes i do proceed counsel mark did you hear my testimony and factual statements that are they
true and accurate and can you adopt them as your own testimony today yes i did sir and they are
accurate so mr chairman we are uh hillary will inform you that we are still working on a i got
okay okay um questions from the board
no mr chairman no chair
questions or comments from the virtual audience
i see no he is chair planning commission sir ron bednar city planning property is indicated for
light industrial use on the city plan or dr dissa plan recommends no change to existing zoning at
dislocation applicant's hardship is not supported with evidence of unique physical circumstances
or condition of the property that would prevent it from being used in conformity with the code
therefore we recommend the request for variance not be granted thank you um well if i could do
one thing on that mr chairman sure the these uses don't have loading docks so it's really not
suitable to a light industrial use that's why a lot of these spaces are getting commercial uses
the industrial zoning will not go away if you grant the variance an industrial user could
eventually come in but the reason why a lot of commercial uses are coming into these spaces is
there's no doesn't really support a heavy industrial use or light use so i would disagree
um thank you we're going to hold the vote on this until we have we uh have a tax clearance
shirt so we'll be in touch and we'll work that through okay thank you for your time today sorry
for the confusion is there anyone in the virtual audience whose 330 case has not been called
i see no hands chair uh thank you everyone good day good job
and if anybody if anybody's interested that's the first time the two o 'clock
hearings ever got done before three -thirds i don't know how that happened i was thinking
See you guys. Have a good day.