Thank you. Any other comments from the virtual audience?
I see no.
Planning Commission.
Amy Boyd with the Planning Commission.
And sure, these will be for all three properties as well.
Thank you.
The comprehensive plan recommends no change to the RSA 5 residential single-family zoning at this location.
Strawberry Mansion was rezoned in 2014.
At that time, the single-family zoning at the site, which dates back to the 1970s, was left unchanged.
The properties have been vacant for 20 years, and the proposal is for a complete rebuild of the structures.
The plot has not demonstrated that there are unique physical conditions or circumstances of the properties that would prevent them from being used in conformance with the zoning code.
The Planning Commission recommends that the Board deny the proposed use variances for two family dwelling units in 3208, 3210, and 3212 West York Street.
counsel we're um we've had a testimony roll to this i'm going to sit and talk to the other
members of the board and we will vote on this january 8th at 9 30 a.m thank you very much
Commissioner. Thank you. Thank you. All right, let's see here. We're going to go to number
number seven, MI 2024-003-086-7330 Ridge Avenue. Catherine Misner is the attorney.
Pam Lachman is also an attorney representing the Protestants.
Could they both come on, please?
Good morning.
Good morning, counsel.
Could you please state your name and spell for the court's sonographer?
Yes, Catherine Missimer.
It's M-I-S-S-I-M-E-R at 1835 Market Street, Suite 1400, 19103.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Thank you. Second counsel, Pam Lachman.
Do we see the counsel in the audience? Yeah, the counsel has already been
promoted to panelists. It seems that they keep unmuting and muting yourselves.
Mayor Redekop, Council?
They may be having technical difficulties on their end.
Mayor Redekop, Council?
Lachman
Hildory
I was going to say
I see her muting and unmuting
and we can't hear her
when she's unmuted and then she quickly
mutes again
Bill from IT do you have any suggestions
Why don't we do this
Why don't you log out and try to log back in again?
Chair, we have a Frank Cavani with your hand raised.
Are they related to this case?
They are a witness in this case.
We could go to the next case and then come back.
Why don't we go to the next case and we'll come back.
Counsel, we're sorry, but we'll get back to you as quick as we can, okay?
Appreciate it.
Thank you.
Number eight, MI 2024.
Number eight, MI 2024-004-851-1409-13, Fitzwater Street.
Vern Anastasia was the attorney.
Thank you.
All right.
Just state your name for the record, please.
Yes, Mr. Chair of Vern.
anastasio anastasio on behalf of the applicant greg schumann our vice chair has a few questions
sir thanks good morning council do you agree to waive the reading of the refusal or stipulate
to its accuracy i do have you emailed in all the required documents and exhibits that's needed and
required to proceed with this case five days in advance of this area i have thank you council
Council, please proceed and share your screen.
Council, just for a note, there's a letter of unanimous support from South of South Neighborhood Association
and a letter of unanimous support from North of Washington Coalition.
Please proceed.
Thank you, Mr. Chair, members of the board.
As you said, we have unanimous support from both RCOs in this service area.
Here's the property in question.
It is 1409-13 Fitzwater Street.
For decades, it has been an auto repair shop.
As you can see, it's sort of an anomaly surrounded by residential homes.
And that's where it sits right there on Fitzwater.
The application is for personal services.
In this case, it would be for personal training services.
As such, we've gotten a refusal, because the property is zoned RM1, although it's
again, been a garage for as long as I've been alive.
The appeal was submitted.
Again, detailing in great depth how the personal services will not adversely impact the community,
would be less of a impact than the previous use.
And it's personal training, to be specific.
As you can see here, the interior shows the different sorts of machines and the tools.
Byron, could you make it smaller so we can see the whole picture?
There's treadmills and rowers and ellipticals on one end.
We've got some dumbbells, a power rack, a stepper
Leg press, rowing
Just about everything you would expect
We have a front office here
And we have a space for the different tools
For tennis, volleyball, baseball, hockey, basketball
And we have a turf area in the center
this is the property in question
I'll zoom in so you can see
been auto repairs again
sandwiched between residential properties and across the street
from residential properties for decades
This is the equipment that's been going in.
My client believed at the time that this would be a permissible use given the long history
of the property.
There's the office that I mentioned earlier.
Here's the letter of notification that went out to all the individual impacted households,
inviting them both to the community meeting and to the zoning hearing.
45 individual households were mailed.
Another four here, 45 there.
45 there.
The flyer, I mean, sorry, the notice of zoning, hearing, the proof of posting.
And then we have, of course, the rental license, tax clearance, and all the other reliable information from the city of Philadelphia.
Here's the letter from SOSNA. Again, overwhelming support for this, as well as the North of Washington Registered Community Organization.
because of the long history of commercial sort of light industrial use even at this space,
because my client, Mr. Schumann, as owner of TREC Personal Training,
will not adversely impact the community and still yet enjoys, in fact, overwhelming support from his neighbors.
We're respectfully requesting the granting of the variants for personal services. Thank you.
with that i'd like to bring your client on burn please greg schumann raise your hand
would you please state your name and spell for the stenographer
greg schumann greg is g-r-e-g schumann is s-c-h-u-m-a-n-n
you swear or affirm to tell the truth the whole truth nothing but the truth
Yes, I do.
Please proceed, counsel.
Thank you.
Greg, you are the owner of Trek Personal Training.
Is that right?
Yes, it's On Trek Fitness is the name of it, but I don't know what happened.
Okay, very good.
And you heard my presentation to the board today.
Do you adopt it as your own testimony?
Very good.
Thank you.
Questions from the board.
Questions from our attorney, Hillary Emerson.
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Chair, we have one hand with a hand raised.
Jeremy Blaston has been allowed to speak. Please unmute yourself, Jeremy.
Could you please state your name and spell for the stenographer?
Morning.
They have not unmuted themselves.
It seems that they may have been experiencing technical difficulties.
Anyone else from the virtual audience?
I see no hands.
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change to the arm-run residential multifamily zoning at this location.
The city changed the zoning maps in this neighborhood in 1977.
This property has a documented history as an auto repair shop.
The zoning code contemplates personal services, a commercial use, as having less impact than auto repair and industrial use.
The City Planning Commission recommends that the board grant their proposed use variance for personal services.
M.I. 2024-004-851-1409-13, Fitchwater Street, I vote yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ty Ewen, my vote is yes.
Ishmael Shaheed, my vote is yes.
Council, could you stay on, please?
Yes, sir. Thank you.
MI 2024-007-176, 1909-13 South 12th Street.
Bernard Anastasia was the attorney.
This is an appeal against L&I.
Leonard Reuter will represent the city.
Leonard has been promoted to the panelists.
Good morning, counsel. Could you please state your name and spell for the court's sonographer?
Yes. Good morning, Mr. Chair Verne Anastasio.
No, no, no. I already have you. I'm Leonard. I'm talking about Leonard.
Apologies.
Good morning. May it please the board, Leonard F. Reuter, Senior Attorney, City of Philadelphia.
Do you ever affirm to tell the truth, the whole truth, nothing but the truth?
Okay. This is an appeal against L&I. Mr. Anastasio, do you want to start?
Thank you.
First, Mr. Chair, I want to make sure that the board knows that we augmented our exhibit
packet yesterday with a memo brief for 1909-13 South 12th Street, and I'm not quite sure if
and I did, I'm not quite sure if the board got an opportunity to read it or review it. I suppose
the board got an opportunity to read it.
you might do that subsequent to the hearing today, taking testimony. I also did send that over to
Mr. Reuter, albeit late, so he may not have gotten a chance to review it much either, so I did just
want to share that with you, and I want to move, make sure that it's moved into evidence, and with
that. Hillary, we have that, right, Hillary? I have not seen it, but if it was sent last night,
it could have been after. Yeah, it was uploaded to the system, so I could also send it to you
individually if you'd like, Ms. Emerson. Okay, no, that's fine. I'm sure it's there. Thank you.
Thank you. Yeah, and this is the timeline, Mr. Chair and members of the board. In March of this
year, a zoning application was submitted for a subdivision and new construction of three homes,
three residential homes on a residential block. The zoning application comments from Plans
and Examiners started in April. Towards the end of April, April 23rd, the permit was issued,
not only for the subdivision, but for the construction of the three homes.
right so the then then the zoning permit was posted on the property for 30 days with no
objection from anybody uh in august the building application submitted uh for all three properties
there were then uh comments from the plans examiner on the 16th of of september twice
There was responses given. After the responses were given, there were no more information sent from L&I to Mr. Toner, who was the architect applicant on the project.
And then later on the 23rd, there was an email received from one of the supervisors at L&I that after all this time, the permit was being revoked.
We appeal that revocation today for obvious reasons.
My client has been working.
Here's the copy of the permit itself that's being revoked.
My client once received the permit and posted this permit for 30 days with no objection,
They then began to irrevocably change the property through demolition and begin the process of building, investing over $100,000 in professional services and other carrying charges.
and all of that is detailed in the exhibit packet that I sent.
Pages 13, 14, and 15 show all the expenses that have been incurred.
We believe the revocation is inequitable.
It contradicts doctrines of variance by estoppel and vested rights.
Their permit to build homes, again, was secured in April 2024, posted for 30 days without incident or objection.