includes approval for 13th floor setback of deck along 23rd street we'll make that we'll
so note what you're saying will be the proviso uh so mi 2021-000831 2222 market street my vote
is yes with the proviso that has been read into the record by ms soletta my vote is yes with proviso
Yes, for Proviso.
Yes, for Proviso.
Calendar number 0952-2324 Waverly Street.
Mr. Charles Loomis has been promoted to panelist.
Sir, can you put your name and address on the record and spell your last name?
Yes, this is Charles Loomis. Full name, C-H-A-R-L-E-S. Last name, L-O-O-M-I-S.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing, and have you met with the OCO, and do you have a letter?
We have, and we do have a letter.
Sir, are you an attorney?
I am not.
I was just about to say I'm an architect.
The owners are here.
Bob DuPlessis and Rachel DuPlessis are on, and they should be speaking.
Mrs. DuPlessis, please identify yourself with the record, spell your full name.
My name is Robert DuPlessis.
The last name is spelled D as in David, U-P as in Paul, L-E-S as in Sam, S as in Sam, I-S.
You swear or affirm to tell the truth, the whole truth and nothing but the truth?
Thank you.
Please proceed.
The project is simply for a regularization, I guess that's the right term, of an existing deck that has been on our house since at least 1994.
All right.
Mr. DuPlessis, do you have any exhibits or Mr. Loomis that you can share with us?
May I turn this back to our architect, Mr. Loomis?
You have to testify, but he can show us the, and we can ask him questions.
Thank you.
So I think I have the screen shared up, Bob.
And on the first is the refusal.
Right.
The refusal had two reasons.
One is that the existing porch railing is 45 inches high rather than 42 inches high.
And the second reason was that there is no setback of five feet from 24th Street, which is where the deck is.
Our house is a corner house at the corner of Waverly and 24th Street.
The deck, as I say, oops, I don't know what happened there. Something happened. Maybe Charles can do that again. Charles, can you?
What's wrong is this? The screen share there. Thank you.
The deck was on the house when we bought it in 2003. Photographs that are in the exhibit show
that it has been on the house since at least 1994. It is in severe need of repair. The surfaces
are warped and it's not usable. There is no possibility to actually move the edge of the
deck five feet back because the door as you see here from the hallway is right at the edge and
to move the door would mean essentially destroying our bathroom. This deck is on the third floor
Uh, we have no backyard. This is our only outside space. So we would like, uh, to be, uh, granted, uh, whatever it is, I guess, a waiver or a regularization or whatever the term is, um, uh, with the understanding that, uh, the railing when we, uh, renovate, when we repair it would be 42 inches high.
we have no backyard
this is our only outside
we had a meeting with the center city residents association they voted to not oppose with no
provisos and we talked with a number of our neighbors and at the CCRA meeting one of the
neighbors appeared a neighbor whom we did not know and made an unsolicited supportive statement
and also submitted a letter of support to CCRA.
Thank you.
Thank you.
Do we have any questions from the board?
Anyone else would like to testify?
Please raise your hand.
i would just i can't raise my hand because i'm screen sharing at the moment i'm the architect
uh yeah you could just hold off for a second um
do you have anything else to add sir and if you do you have to provide us with your full name
yeah this is charles loomis hello charles you were already sworn in i'm sorry
already sworn in. I just wanted to point out on the refusal that LNI noted in its note to the ZBA
that the deck has been existing since 1994 but no permit history can be located. This deck was built
prior to the 2012 zoning regulation in which the five foot setback went into effect. So it's quite
possible that when this deck was constructed that it was a completely compliant deck but there's no
record of it. Thank you. Thank you. Okay. Anyone else? If not, Planning Commission?
Good afternoon, Chair. Peter Bernard for the Planning Commission.
This property is indicated for commercial mixed use in the Comprehensive Plan.
The roof deck has existed since 1994, and we feel the violation is de minimis. Accordingly,
we recommend that the special exemption be granted thank you MI 2021 that's zero zero zero nine five
two two three two four Waverly Street my vote is yes my vote is yes my vote is yes my vote is yes
thank you Mr. Duplitz I understand you were an amazing professor at one time oh no I'm not sure
who would have told you that,
but thank you for saying it.
Like everybody, I always like a compliment.
I'll ask it this way.
Sharon, would you agree?
Well, I would agree that his wife was.
Oh, okay.
All right.
And I'm sure you were too, Mr. Duplessis.
Thank you.
Okay, have a good day.
Thank you.
Thank you very much.
Small world, wow.
calendar number 2710
home avenue
the attorney is
Ron Patterson
and he's already
been sworn in
we have a letter
of support
from the RCO
can we promote
Hi, Mr. Patterson. Can you put your name and address on the record and spell your last name
again? Sure. Hello again. Ronald Patterson, P-A-T-T, E-R-S-O-N, Claire Harrison Law Firm,
1835 Market Street, Philadelphia PA, 19103. You're already sworn in. Do you agree to
weigh the reading of the refusal and stipulate to its accuracy? Yes, I do. Have you emailed
the exhibit packet with proof of ownership tax compliance refusal or referral photos under plans
of the property five days in advance of this hearing and have you met with the RCO and do
you have a letter yes to all of the above okay thank you you may proceed sure thank you so
this application as you mentioned regards 2840 home avenue here is a aerial picture it's located
across to the north here on this picture configuration of northeast old nazareth hospital
configuration of Northeast Nazareth Hospital. This is the property here. And I point to this
rear back because this is an outdoor play area to the existing daycare. And that's the subject
of this application. Here's another view of the hospital across the street. So this building,
although in an RSA2 residential zoning district, was never a residential building,
never used for residential. It was built in 1961 and was used as a YWCA. In 2014 I was before the
board to ask for a variance because of the conditions that would be a non-residential
to approve a daycare center. And that daycare still exists. And it is,
there's some pictures of it. Does it exist now? Where we find daycare, I may say.
um so here we are we're in existing space two and uh space three has become vacant and as you'll
hear from Anna Pasek who is the operator and has been since 2014 where we before the board
we wish to expand into space number three which is vacant um the expansion however will not um
increase any occupancy of the number of children. It's just an amenity to create a separate play
area. You know, in COVID times, it can spread out further and not have to worry about being
inside during the inclement weather. And I'll show you a better picture of the interior.
So as I showed you, here is the existing. Here is the new proposed space. Not being used, but it's ready. It is already state licensed, which is a prerequisite.
And as I mentioned, you know, the property can't be viably used for the zoning district that it's located in being residential single family.
And as I mentioned, the hardship was granted a long time ago, although it was probably existing, approved, but no longer conforming as a fitness center and history, as I mentioned, variance granted.
So we're asking for an extension in a way of that previously granted variance.
We did meet with Mayfair Civic, and they have provided a letter of support.
and that letter coupled the fact that this has operated without incident without complaint
there's adequate parking on site if you were able to see the parking lot that has been listed
so there has never been any issues with parking loading drop-off since it is a self-contained
use I'll go back to this photograph see the parking area here
um here's a view of that rear uh kind of play area that i showed you from the aerial view
um if you if i may if you could promote anna passing p-a-s-e-k uh to testify
while we're waiting it says with proviso is that just for the four plans or is that
what is the proviso it says yes if yes with proviso um chair this is these these are not
revised plans that the proviso would be approving it's simply that the community asked mr patterson
to confirm the existing uses in the various spaces so you would be if you approve this it
would be the proviso as per floor plans approved by board today okay okay i thought there may have
been something else? No, the floor plans, it actually was the floor plans that were shown
to the civil group. We met with them twice. The first time the plans that were shown to them
were not accurately depicting the space and configuration. So I just thought there was
something other than the floor. No, nothing for you to approve since it's an e-plan. Okay, understood.
Thank you. All right, thanks. Is Anna here? Yes, I am. Oh, hi, Anna. Good afternoon, ma'am. Please
identify yourself with the records by your full name and and we'll swear you in yes my name is
anapasuk a-n-a-p-a-s-u-k my address is 1123 camp lane philadelphia pennsylvania 19115
do you swear or affirm to tell the truth the whole truth nothing but the truth
yes i do thank you mr patterson thank you uh hi anna you've heard of my presentation would you
Hi, Anna. You've heard of my presentation. Would you agree that it's true and accurate and you adopt it as your own?
agree that it's true.
Yes, I do.
Okay, thank you. And so, you know, as I mentioned, you have been there since 2014 and you've operated without any issues in terms of loading and parking or complaints. Is that fair to say?
Yes, that's correct.
Okay. And what we're here for today is for you to expand from Space 2 into Space 3.
And could you just briefly tell the board what your current occupancy is and what you plan to
use Space 3 for? Yes, our license occupancy is 82 children. We are fully enrolled. And we would
like to open indoor play area. Since we're participating in Keystone Stars and we recently
receive the third one we going for a higher standards so when the children can play outside
because of the weather uh we will like them to have an area larger area to be able to run and
play and do all the gross monitor games so by space become available we like to use it for that
reason thank you and so just to clarify the number of children are not increasing no it's not it's
It's not being counted as a classroom, it's just being counted as a model area, like playground.
Okay. Thank you. So again, in light of that, we feel that there will be no continuing
adverse impact upon the area of public health, safety, self-welfare, and traffic.
Thank you. Questions from the board?
Anyone else like to testify in this case, please raise your hand.
and mr peter mcdermott has his hand raised i will allow him to speak at this time
thank you good afternoon sir please identify yourself with the records by your full name
and i'll square you in mcdrmot i am one of the three rcos involved made for civic association
being the coordinating 64th democratic board which is ours and there's a 60th or let me
interrupt you will you swear for him to tell the truth the whole truth nothing but the truth
i do thank you please proceed uh 60 democratic board which is registered at 7535 pattersby
one nine one five two uh i'm gonna i'm gonna confirm what mr patterson said
the initial issue we had with hearing one was clarification and cleanup to administrative
losing you you're breaking up
yeah we lost it we'll stipulate all right we'll stipulate mr patterson you being officer court
that the gentleman who just got disconnected would adopt your testimony okay planning commission
good afternoon chair peter bernard for the planning commission
this property is indicated for single family residential in the comprehensive plan and is
located within a child care overlay however we recognize a hardship at this property and that
the existing daycare has been in operation and is supported by the community accordingly we have no
objection to the granting of the variance thank you mi 2020-002-710-2840 home avenue my vote is yes
with proviso uh as court plans approved today my vote is yes with proviso yes proviso yes for
proviso thank you so much thank you madam vice chair i think we go to number 10 and for the
court reporter once after this case we'll take a 10 minute break okay thank you calendar number
4290 North Penn Street.
The attorney is John Sabatina.
Mr. Sabatina, are you in the audience?
If so, please raise your hand and please wait
to be sworn in, sir.
not available
he's in the audience but he hasn't raised his hand
mr peter mcdermott is here we go here's mr sabatina
He has now been promoted to panelist, madam.
Hi, Mr. Sabatina, can you put your name and address