Okay, Chair, we have 36 attendees, and we can start as you wish.
Good morning.
My name is Bill Bergman, and I will be chairing this morning's DBA hearings.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our board member, Thomas Holliman.
President.
Thank you.
And our board member, James Snell.
Present, Mr. Chairman.
Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.
Here's our virtual format.
Be advised the proceedings are being recorded.
The video will be available by contacting tonyasunkett at phil.gov. For the benefit of
our court stenographer, we ask attorneys and witnesses to identify themselves before testify.
If you're participating by phone and 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. Any comments should be directed to our executive director,
Tanya Sunken. Let's take a look at our continuances for today's hearings. Number three, MI 2022-005-968-5524
Pulaski. That's a joint application from the applicant, the council office, and the CDC.
That case is continued. Number five, MI 2022-002-926-1630 South 6th Street. That case is
continue until March 29th at 9.30 a.m. Mr. Chair, this is Hillary. I just wanted to clarify the
address on the record, 1430 South 6th Street. Thank you. Okay, 1430. And also, number 8,
MI 2022-002-927-1426-28-South 6th. Is that right, Hillary? No?
Yes, that's correct, Mr. Chair.
That case is also continued to March 29th at 9.30 a.m.
Number 10.
MI 2022-005-973-3200 Tyson Avenue.
That case has been continued.
First listing.
Number 14, MI 2022, 002-928-549-51 North 10th Street. That case is continued.
And number 15, MI-2021-002-827-2132, North Downey Street, that case has been continued, is going to be marked, must be tried.
Are there any comments relative to the cases that we've continued?
Good morning, Chair. This is Yvette Benson. I'll be co-hosting today.
Thank you.
We have Diane Monroe with her hand up, chair.
Ms. Monroe, please unmute yourself and wait for the chair.
Thank you.
Hi, good morning.
Could you state your name, please, and spell for the court reporter?
Okay, thank you.
Diane Monroe.
M-O-N-R-O-E.
Diane D-I-A-N-E.
Right.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I did.
what case do you want 10th street but the address that i have here is 549-51 north 10th street
I have 549 to 51 North 10th.
Is that being, that's, that's canceled?
That case is being continued.
It is being continued because we did try to, okay.
Because we did try to set up an open community meeting.
And they sent me an email back in August, the 26th, and they requested to be removed from our open community meeting, which was scheduled for September the 21st.
This case is continued, ma'am.
Thank you very much.
We haven't heard anything from them.
Thank you.
Mr. Chair, this is Hillary.
Mr. Anastasio has his hand raised.
in this case all right um mr anastasio please this anastasio you can unmute yourself and wait
for the chair good morning mr chair good morning sir could you state your name please and spell
for the court report sure verne v-e-r-n anastasio a-n-a-s-t-a-s-i-o right you swear or firm tell
the truth the whole truth and nothing but the truth i do could you comment on this case please
I have really not a whole lot to add. I understand the case is continued. My client and I are revising the number of units. And when we have plans to reflect that, we'll bring it back to Ms. Monroe. Until then, we're in a holding pattern.
Council, thank you for calling in. We appreciate that.
Are there any other requests for continuities?
Chair, we have a Mr. Glansberg. Mr. Glansberg, please unmute yourself and wait for the chair.
Hi, Chairman David Glansberg. How are you?
All right. Could you state your name? You stated your name. Could you spell it, please, for the court reporter?
Yes. Glansberg. G-L-A-N-Z-B-E-R-G.
Right. Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?
Of course.
What case do you want to talk about?
I'd like to talk about 5408 Chestnut Street. James Smith. I was contacted last night.
All right. Wait a minute. Wait a minute.
mr chair this case is on the 330 list all right this case will be heard at 330 sir
would it be possible to get it adjourned that is my request i had back surgery last week
are you are you are you the owner no no i'm the attorney who wants to represent mr smith
and uh my office i'm not even can we continue that now that we have to do it later
we have we'll have to announce it on the record at 3 30 because that's when that's when they've
noticed three yeah we did receive the request from mr glansberg this morning i'll announce
that at 3 30 sir thank you but i don't need to be on at that point correct that's right
thank you have a great day okay good bye-bye are there any any other requests for it continue
of this chair we have joseph console mr console please unmute yourself and wait for the chair
good morning mr console could you state your name please for the court reporter yeah it's
joseph console c-o-n-s-o-l-e right do you swear a firm to tell the truth the whole truth nothing
but the truth i do are you talking about 2797 welsh road no i'm not i've i have a few this
morning. I'm talking about 2,400 Oakdale. Okay. That's another 3.30 chair. That's 3.30,
Mr. Consul. I thought that that was listed at 9.30 as well. No, no. That one's at 3.30.
All right. Well, still continued. Everyone agrees, but okay, cool. That's fine.
Okay. All right. Thank you. Any other requests for continuance?
Chair, we have Mr. Anastasio again. Mr. Anastasio, you can unmute yourself and wait for the chair.
Good morning, Mr. Chair.
You've already been sworn. Are you calling about case number seven?
I think it's, yeah, 1938 North 24th.
Yes. Are you withdrawing that case?
Yes, sir. Thank you.
Okay, so MI 2021-002-607-1938, North 24th Street.
That case has been withdrawn, and thank you for calling in.
Thank you, sir.
Number six, MI 2022-005-975, 2019 South 22nd Street.
We have no exhibits.
This is the first listing.
Kimberly King is the owner.
Ms. King, if you're in the virtual audience, please raise your hand.
Miss King, if you're in the virtual audience, please raise your hand.
Chair, I see no hands at this time.
So MI-2022-005-975-2019 South 22nd Street, that case is continued. Mark must be tried.
Any other requests for withdrawal?
Chair, I see no hands at this time.
Okay, so we're going to go to our add-on list.
Case number one will be handled by our vice chair.
I'm just trying to pull the sheets up.
So it's MI-2022-005-422-2315 Parris Street.
Request for reconsideration.
So my vote is yes for reconsideration, Ishmael Shaheed.
Excuse me, Mr. Shaheed, can you indicate yes to reconsideration and rehearing, please?
Sure. My vote is yes for reconsideration and rehearing.
Thomas Hollowan, my vote is yes to reconsideration and rehearing.
James Snell, my vote is yes to reconsideration and rehearing.
Thank you. Number two, MI 2022, 02233-5607, the 13 Germantown Avenue.
the vote on this matter will be held pending receipt of a current lease.
We're going to go to our...
Excuse me, sorry, Mr. Chair.
We will actually, we got, we received the lease.
We will vote the case at the start of the 2 p.m. list this afternoon.
That case will be moved to 2 p.m.
Yes, thank you.
All right.
Okay. Number one of our regular list. MI 2022-005-934-332 Carson Street. Henry Clinton is the attorney. We do not have an RCO letter at this point.
Hi, Mr. Chair. It's me again.
This is coming back. It is a panelist now.
Okay. Hillary, we have a letter.
Yes, we just received a letter. It's a recommendation of non-opposition from Manny Young's Neighborhood County.
Thank you.
Good morning, Mr. Clinton. Could you state your name, please, and spell for the court reporter?
Good morning, Mr. Chairman, members of the board, Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
Sure. My client is Brian Flanagan, F-L-A-N-A-G-A-N. Mr. Flanagan is on the call, and he is one of the principals of the LLC, which owns the property.
Our vice chair has just a few questions for you, sir.
Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed into our offices all the required documents and exhibits that are required to proceed with this case five days in advance of this hearing?
Yes, I have, Mr. Shaghi.
Thank you. Please proceed and show your screen.
Good morning, Mr. Chairman. Is that visible?
It is.
Okay. Again, Mr. Chairman and members of the board, Henry Clinton, on behalf of B&B Projects, LLC, the principal of which is Brian Flanagan. He's on the call, along with Derek Spencer, who's the architect. In the event, there are any questions from the board about the architectural nature of the project.
submitting my presentation package, which contains exhibits AA to A11.
And this is the refusal.
First of all, this project involves a lot subdivision on the 300 block of Carson Street
in Manioc section of Philadelphia.
And the two lots that are being subdivided, or the lot that's being subdivided into two
lots is basically the same size as the other lots on that block.
and we're asking for a garage for the property.
And you'll see from the photographs and from my zoning records
that there was a garage approved about a year and a half ago by the board.
And in addition, we have the RCO support, overwhelming support.
So the refusal basically addresses two issues.
One is the minimum lot area of these two lots are not the 1,000.
The minimum lot area of these two lots are not the 1,440 square foot lot that is required by the code, but the two lots are similar to the other lots on the block.
The second refusal had to do with the garage, indicating that the garage is not permitted in the zoning district for the reasons as outlined in the refusal.
As I said at the outset, there is a garage adjacent to this property already, and you'll see it is a narrow street and very difficult to park on the block as is.
This is a letter of support from the Manioc Neighborhood Council, indicating non-opposition, 11, and one person in opposition as a result of our community meeting.
photographs of the site. This is the aerial photograph again indicating this was one large
lot. We do have approval for a subdivision basically cutting this large lot into two
and then the size of the lot will be equal to or similar to other lots on the block.
So this is looking down toward the river in Mount Yonk. The vacant lot is to the right
indicated by the black line. You can see there's no parking on the street at all.
Again, this is looking uphill on Carson Street.
This is the lot looking straight on from Carson Street. Our plans,
which were revised as a result of the community meeting, the community asked for
change in color of the brick, change in color of the windows, changing the garage door,
and a few other changes, all of which we've made. And we feel that's why the community ended up
issuing a letter of non-opposition. Again, some more photographs for perspective for the board
indicating unit A and unit B, which would be two single family homes. And you can see the bottom
Left photograph, as well as the top left photograph, this is a home under construction next door with a garage, and our house will be similar in layout in that there is a garage on the first floor.
Subdivision plan indicating the equal distribution of the two lots, partial A and partial B.
floor plan there is a basement there would be a living room in the basement with an access well
on the first floor garage bedroom second floor will have the living area dining and kitchen
and on the third floor two additional bedrooms so it's a three-bedroom home with a rooftop deck
and a garage this is the elevation that we have revised per the community group suggestion
again just some more perspectives for the board this is the red brick which was desired by
the RCO we also changed the height of the parapet wall as well as the garage door