My name is Ofer Yaran, O-F-E-R, and last name is Y-A-A-R-A-N.
you swear or affirm to tell the truth the whole truth nothing but the truth
i do thank you mr notkinson yes uh oh for you heard everything i stated today
yes and is it true and correct indeed it is and do you adopt it as your own testimony
yes of course okay all right thank you questions from the board no no
anyone else would like to testify please raise your hand
chair we have charles richardson who's just been unmuted good afternoon again mr richardson
please proceed because of the fact that we have not been able to meet with the rco
councilwoman is uh i've been instructed to say that she's she's uh objecting to granting the
variants. But again, we wish that we would be given the opportunity to have the community
get some input on this, not seeing what the rush would be necessarily.
Yeah, look, I understand. I know you're being very gentle in your remarks, and we appreciate
that. There was no fault on anybody's part, from what I can see. Councilwoman, your office
acted in good faith. There was a switch up on the RCO as to who has jurisdiction that
fell under, correct me if I'm wrong. And if we don't do this case today, we probably won't get
a hearing until sometime, maybe, I don't know, March, late February or March, Tanya?
Yes, if it was accelerated, it would be February or March. If not, it would be April or May.
Yeah, I think this was actually, oh my God, yes, I believe that, and Tanya, correct me if I'm wrong,
i feel like we filed this on the standard track yeah this was june i think yeah so and mr and
mr chair i i i don't blame the councilwoman's office it's it's it's an unfortunate situation
i think we all get it and uh you know it's just one of those things logistically things
got mixed up yeah and i just don't want the councilwoman's uh opposition to negatively impact
Yeah, and I just don't want the Councilwoman's opposition to negatively impact, you know, this application either, though.
We understand, understand.
Anyone else?
We have Tina Marie Russell.
Good afternoon, Ms. Russell.
Please identify yourself with the record.
You're still on the roof.
Yep. Tina Marie Russell, RCO for Logan Community Enterprise Center.
I was advised to take on this case, our RCO. We just didn't have time to schedule it. We would
like to schedule it only because it's not fair to have, first of all, it was COVID. June was COVID.
There was no hearings that people could actually, RCOs were not really ready to engage the way we
needed to engage. So there has been some RCO issues, but the community just needs to be notified.
And that's why only opposition as RCO, we're there to protect the community. They may grant it,
we don't know, but it's not fair they don't get this. There's no hardship again on that
for the owner, for them not to wait. I think Councilwoman has already indicated that and
I believe it's not fair to these people who pay their taxes for them not to be able to have a say
so again this is not no one's at fault here there's there was a logistical issue COVID we
understand has been it's almost a year now we we get that uh but because of the mix-up
unintentional uh as to who had jurisdiction uh I don't think it's all I don't think it's fair
to the applicant that we delay any decision on this so that's just my opinion I respect
everybody else's opinion but we have to make a decision and waiting till march i think just
puts an undue burden on the applicant as well so having said that uh planning commission
good afternoon chair peter bernard for the planning commission
this property is indicated for single family residential in the comprehensive plan
It is clear from the materials presented that the property has a long history of being used
for multifamily housing.
However, we feel an additional unit represents an overuse of the property.
Accordingly we object to the granting of the variance.
Okay, Mr. Chair, so that third unit is separate from the other two units.
So it's not like we have access in any other way other than the side entryway, which is
above grades so i would just indicate that the hardship is this that we would have to completely
redesign the property to use that lower level which has been empty for some time that commercial
unit's been empty for some time so yeah thank you is the planning commission's position based on
the lower unit being converted into residential is it the planning's commission commission's
position that it remain commercial i think there was a doctor's office at one time the planning
commission's objection is to the total unit count the location of the units is not what we are
objecting to but the total unit count being three units in a location designated for a single unit
i understand that but it was three units for a long time is my point it was it has a long history
being two residential units
plus a commercial
three units
all right
MI 2020
dash 000766
Lindley Avenue
my vote is yes
my vote is yes
my vote is yes
my vote is yes
my vote is yes
thank you
calendar number
0308, 2022, South 61st Street.
This is Sharon Saleta.
I have no record of having received exhibits for this case.
okay mi2020-0003082022 south 61st street this is the gentleman who was yes good afternoon
members of the board um this bookman islam i apologize i did send in documentation over the
weekend unfortunately my office was closed due to covid we had an outbreak situation
and and no one was unable to work for the past two weeks so it was sent over the weekend
there was a ZBA submission submitted.
Less than the five days.
less than the five days yes i'm sharing i'm sorry um who is this speaking no this is
I'm sorry.
um he's the attorney for the case he was on earlier remember he was
worried he might not get back to his office in time
but i don't have any record of having received them over the weekend or i i sent them to the
list that was described to me, I can show you the confirmation. I did send the exhibits over
if I have to be postponed. My only concern, I know board chair DeChico mentioned timing. We
filed this in, I believe, January or February of last year. So we've been, you know, waiting for
this for quite some time. I can forward it to you. It's a very legalization matter. And I believe
the RCO is on the RCO.
Yes, the RCO is available
and they are no opposition.
Okay, I will ask the board or the RCO,
Ms. Sunken, if you could check to see
if you received them.
It might be just a problem with my email.
Thank you.
Okay, I will do.
So if cheer is up to you,
if we want to go to another one
or come back to this.
Let's go to the next case
and then we'll come back to this.
Give you some time.
Thank you.
okay if you could sit tight no problem thank you
calendar numbers calendar number zero one one six two zero five five north second street
two zero five five north second street
anyone here for 2055 north 2nd street i believe the attorney is john griffin
griffin
i have uh rivera someone with the last name rivera
that's the appellant
no other hands
MI 2020-000116
Mr. Rivera
are you the owner
I'm the tenant
tenant
well you can't testify we need the owner
or if it's a
If it's a LC or an LP, we'll need an attorney.
Yes, I have an attorney.
Excuse me, Chair.
A tenant may file an application and appear if the lease is under his or her individual name.
I believe this one is.
Thank you for the correction.
Sorry about that.
Are you prepared to go forward, Mr. Gablero?
Yes, I am.
Please identify yourself with a record, spell your first and last name,
and I'll swear you in. Yes, my name is Gilberto Rivera, G-I-L-B-E-R-T-O-R-I-V-E-R-A.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth.
Yes, I do. Please proceed, sir. I'm sorry, can I, okay, I'm sorry, Chair, I just wanted to make sure
the attorney was available. So John Griffin has raised his hand,
um the attorney of record fatina can you promote him to a panelist please thank you tanya he's
been promoted to panelist thank you thank you good afternoon sir please identify yourself
with the record spell your name uh john griffin g-r-i-f-f-i-n po box 571 lafayette hill pennsylvania
one nine four four four i was getting a little nervous i i would hold on hold on hold on do you
swear for him to tell the truth the whole truth and nothing but the truth yes sir carol
may this is the attorney okay so do you agree to also waive and stip yes and have you emailed the
exhibit packet with the required documents consisting of proof of ownership tax compliance
refusal referral photos and plans of the property five days in advance of this hearing and have you
met with the rco and do you have a letter uh no and yes commissioner as i explained to miss
saletta via email today uh i had a personal issue late last week i was not able to send everything
i did that earlier this morning uh there is a letter of full support from the rco
the applicant, Mr. Rivera, had met with them and they gave unanimous approval.
The applicant, Mr. Rivera, had met with them and they gave unanimous approval.
And with all due respect, in light of my circumstance and situation,
I would ask that the board allow this matter to go forward this afternoon.
Tardy on my part, I do apologize, but nonetheless, I think everything is in.
Darren, are we okay to go forward?
Yes, we are.
it's your call chair we do have everything now and there is a letter of support from the rco
tanya did you want to weigh in and i i sent that letter to sloan folks
i defer to miss the letter mr folks originally requested a continuance but was that was because
he thought the rco hadn't met i sent him the letter and i believe he withdrew the request
if mr folks is out there uh just hang in there till we get this testimony please proceed uh mr
griffin uh commissioner chico thank you um i'm having some trouble with my computer uh so i will
not be able to screen share but i can go through what had been forwarded uh exhibit one we forwarded
was the LNI refusal together with some site plans from the architect. We also submitted
as Exhibit 3 the RCO support letter NARA Square community alliance that was a 5-0 affirmance
in full support. Exhibit 4 being the tax clearance. Exhibit 5 being the commercial lease that
Mr. Rivera has with Eddie Lantigua, L-A-N-T-I-G-U-A, and 6A, B, C, and D is the various
pictures of the inside of the property. Commissioner, if I can, just by way of a little
bit of background, not only do we have a full letter of support, this is a corner property
at 2nd and Diamond Streets. The entire block is zoned as CMX2. The board had previously granted
a use variance for a retail auto parts store, so there is at least precedence for the granting of
a variance for commercial use. Mr. Rivera, the applicant, ran a very successful identical business
in this community for 13 years.
That business was only four blocks away.
Unfortunately, last year, a fire closed his business
and it has taken him a considerable amount of time to rebuild.
Mr. Rivera is now coming back into the neighborhood
four blocks away on a corner property
in an effort to kind of reinvigorate this area,
not only with the business, but the community as well.
He'll be employing four particular artists for this property,
and hours of operation would be Monday through Saturday, 12 p.m. to 8 p.m.
Of course, I think the community response is big here,
and they have given a resounding approval.
If I may call and ask my client, Mr. Rivera, to raise his hand.
Mr. Rivera, your president is...
I think, I'm not sure.
I think you're still on the roof.
I'm not sure.
Yeah, you can swore me in.
Okay, please proceed.
Thank you.
Mr. Rivera, you heard me testify as to the background and the gist of your application process, is that correct?