see which one puts their hand up
if I have Brett or
Dr. Jessica
it'll be one of these names
on my screen
anyone raising their hands
what we'll do
since you've been an officer
of court we'll stipulate your client
would have adopted your testimony
any questions from the board
anyone else would like
to testify in case please raise your
we have justina navarro i'm going to allow her to speak thank you
We have Justina Navarro.
I'm going to allow her to speak.
Thank you.
Ms. Navarro, please identify yourself with a record, spell your full name, and we'll
swear you in.
Good afternoon, Mr. Chairman and members of the board.
My name is Justino Navarro, J-U-S-T-I-N-O, N-A-V-A-R-R-O.
You swear and affirm to tell the truth, the whole truth, and nothing but the truth.
I am representing, I'm a member of the Zoning Committee of the Spring Garden Civic Association
and its authorized representative, and I would agree with the characterization of
council's meetings with the Civic Association Zoning Committee and the community.
We entered into a, we had two meetings. We had a very productive dialogue, and the first meeting
that we had resulted in a number of questions that members of the zoning committee and the
community had, and they were very responsive and willing to provide us the data in a timely fashion
so that by the second meeting, which was the official RCO meeting, all of the potential
contentious issues have been effectively dealt with and responded to. So I am pleased to report
that we are here before the board uh in unison with this request and are in support 100 of this
request and would ask the chairman and the board to approve this project accordingly thank you
thank you anyone else to testify
chair we have jessica taylor she's been unmuted please unmute yourself and wait for the chair
Ms. Taylor, please identify yourself, spell your full name, and we'll swear you in.
This is Dr. Jessica Taylor.
Your first name?
Jessica.
Last name Taylor, T-A-Y-L-O-R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Please proceed, Mr. Consul.
uh good evening uh dr taylor uh did you hear my testimony today yes do you adopt it yes and i
raised my hand in case there were any questions okay but i i agree as well with the reporting of
the the meeting but i'm happy to okay do you adopt testimony as your own that's my last question
i do okay thank you nothing thank you okay uh planning commission
Good evening. David Fecto, City Planning Commission, Mr. Chairman, members of the Board.
The comprehensive plan recommends this property for residential mixed use.
There appear to be existing businesses in this mid-rise building. The addition of animal services
is unlikely to have an adverse impact on the block. We recommend that the Board approve the proposed
variance. Thank you. MI 2021-000954, 500 North 18th Street. My vote is yes.
My vote is yes. My vote is yes. My vote is yes. Thank you. Thank you.
Did we get Jeffrey back? Mr. Young?
apparently you still have we can hold that and come back to him uh we're now going to start the
330 list uh we're ready to go i assume yes on the 330 list yes all right there's a continuance
well let me read the uh i guess i have to read the statement and good afternoon everyone my name
is Frank DiCicco. I'm the Chair of the Zoning Board of Adjustment. I'll be participating in
today's hearing along with our Vice Chair Ms. Carol Tenere, Board Secretary Confessor Plaza,
and Board Members Mr. Thomas Holloman and Mr. James Snell. Board Administrator Fatina L. and
our Board Attorney Ms. Sharon Saleta are also in attendance. For those of you who haven't yet
participated in one of our virtual hearings, I'll go through some of the basics of what you can
expect. First, we will be administering oaths to individual participants prior to their testimony.
Second, we'd like to advise everyone that this proceeding is being recorded and that by
participating you acknowledge your agreement to be recorded and that the recording will be made
available to the public on the web or otherwise. For anyone participating by phone, if you wish
to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.
i'll repeat anyone participating by phone if you wish to testify you must raise your hand by hitting
star nine and then star six to unmute yourself finally to enter an appeal
And then star six to unmute yourself.
Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.
I'll repeat that.
To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.
and also like to remind everyone please do not attempt to testify in the chat any comments should
be directed to our board administrator miss fatina l appreciate your cooperation with that we'll go to
on the 330 list there was a request for continuance for number four on our list
mi 2021 that's 000374 3204 veer avenue request for continuance was made by the
applicant's attorney and that is the only one i see anyone disagree with that continuance please
raise your hand i see no handshare thank you at this time i will ask if anyone is required would
like to request a continuance or withdrawal so please raise your hand
If you'd like to request a continuance or withdrawal, please raise your hand at this time.
I see no hands, Chair.
Okay, let's start with MI 2021.
Excuse me, Chair, a hand just went up when I said that, I'm sorry.
Okay, no worries.
All right, I'm unmuting, last name ask you, please unmute yourself and please wait for the chair.
Good afternoon. Please identify yourself. First and last name. Spell your full name for us, please.
Hello?
Hello, can you hear me?
Yes, please spell your first and last name.
Jaria Askew. First name is J-E-R-I-A-H. Last name is Askew, A-S as in Sam, K-E-W.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
The nature of your request?
I am 433 West Gerrard Avenue with Jeffrey Young.
I have no idea what happened with him.
It's like he cut off right when you guys were saying that the client, that he wants to tell his client.
And I've been on here since like 2 o'clock, so I'm like sweating right now because I don't understand what's going on.
I just emailed Mr. Young.
I'm sorry.
i didn't mean to interrupt you um i just emailed mr young and said if he was having technical
problems to call on my cell phone and i would put him on speaker i know that he was requesting um
right before the hearing so his hearing started to go forward because he had an appointment but
i don't expect he meant to leave so if he calls can i interrupt to bring him on yes just miss
ask you to just hang in there. It'll be straightened out. Okay. Thank you. Thank you. Okay.
With that, we'll go to MI 2021-000377, 1405-09 Cotman Avenue. Understand there's a letter of
non-opposition from Councilman O'Neill. Did we get a letter yet from the Bromhall Civic Association?
burholm burholm and the attorney is sean ward there you are
mr ward would you put your name on the record spell your last name good afternoon mr chairman
members of the board sean ward s-h-a-w-n-w-a-r-d-3-3-1 east street road trevos pa
1-9-0-5-3. On behalf of the applicant, Arti Ismailangi, A-R-T-I-I-S-M-A-I-L-A-N-J-I.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
I certainly do. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do. Have you emailed an exhibit packet with proof of ownership, tax compliance,
a copy of the refusal or referral photos and or 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 everything except the
last part of the last question um with regard to the rco uh we did meet with the rco i want to
share my screen for home civic yes so we as you can see if you can see my
Yes. So we, as you can see, if you can see my screen, we sent out the notice of the meeting.
We'll be right back.
We did, in fact, meet with them on May 13th.
Alice Udovich from the Councilman's Office was present on that Zoom conference.
We have not heard back from Berholm, despite repeated requests.
Alice, I believe, is, I hope she's here, can verify that.
And in light of the tenor of the meeting, which was a very pleasant meeting, and I think it went very well, based upon that, the councilman submitted his letter of non-opposition.
Please proceed.
Oh, thank you.
Mr. Chairman, I've put up my typical exhibit packet.
um a1 oh i'm sorry let's go to back to okay so again i represent artius malangi he is on the
zoom conference i instructed him to raise his hand when our case was called so the administrator
could find him uh if uh if and when needed uh the property is 14-05-09 cotman counter 0-0-0-3-7-7
A1 is the notice of refusal. This is a permit to add to the existing use, I'm sorry, granite cutting to an existing equipment and material storage and retail sale of kitchen and bath products.
Granite cutting, which is considered limited industrial, is not permitted in the district, and accordingly we seek a use variance for that.
A2 is the application of appeal. A3, project information form. A4, proof of ownership. A5,
proof of tax clearance. A6 is the site plan. A7 are photographs of the subject property.
A8 are photographs of the actual granite saw and the drainage catch basins that we have on the
property to resolve drainage issues. A9, if received, would have been the letter from Burholm
Civic. I would ask that Councilman that Neil Slider be marked as 810. I do have a copy of
that to share on my screen. With regard to the relevant zoning history, I was here before the
board in 2009 at which time we obtained a variance for retail sale of kitchen cabinets,
bathroom accessories with an accessory showroom. In 2013 a permit was issued by Wright for the
erection of a garage in the rear yard. In 2016, a variance was granted for the expansion of that
garage and a use permit for the storage of equipment and materials with regard to the
kitchen and bath business. In addition, there were two signs issued. Part of that variance process
and the RCO, we entered a restrictive covenant agreement, which was recorded with various
conditions of approval, which I submit we still comply with this day. And A13 is the zoning map,
A14 is the aerial photograph. So very quickly, I know it's getting late and you've been here all
day, we have the application of appeal. The notice of refusal, you'll see there is one refusal for
the granite cutting, which is limited industrial, not permitted in the district. The project
information form two pages my transmittal letter to tanya sunkett with regard to the appeal
confirmation that the appeal was filed the permit application detail
a copy of the deed you'll see uh arty and his wife marcella have owned this property since 2008
um proof of tax clearance revenue department printout showing taxes were paid through 2021.
With regard to the site plan, I am going to blow this up.
Fronting on Cotman Avenue, you'll see it's a two-story dwelling structure.
The first floor is used for parties, kitchens, and baths.
In the rear, there is a garage. The left-hand side, as I'm identifying now with my hand cursor, was the original garage that was built.
The portion, roughly one-third to the right, was an addition that was approved.
I would point out that the rear of the structure is solid masonry, as are both sides.
There are no openings or apertures to the rear or sides of that garage building.
So with regard to any noise, minimal noise generated by the saw, it would not emanate to the rear or sides properties.
With regard to the site plan, again, you'll see that we have the primary structure.
Again, you'll see that we have the primary structure towards the front of the property,
accessed by a driveway to the left, which takes you into the rear. Part of the prior
variance process, there were two shipping containers used for storage. Part of the
variance request and the proviso letter by Burholm was the removal of those shipping containers.
They are exed out on this plan because this was the plan from that application and they have since
been removed and have continuously been uh gone from the property uh the concrete cutting area
would be inside the left portion of the garage as indicated on the plan
given that we have the photographs again this is the subject property there were two signs approved
pursuant to that prior variance your exhibits are not moving along they're still stuck on the
list of exhibits. Oh really? Yeah. Let me, I apologize for that. I don't know why that happened.
I am going to reopen my PDF.
And I was just trucking along there.
i meant to stop you sooner i figured sooner or later it was going to turn on but
i i i don't know what happened there um okay so let's bring up the exhibit packet again
okay let me go back to screen share
okay are we seeing my exhibit packet now mr chair
list of exhibits now we're starting to move application okay all right very good so
let me go back uh most of it was the most of it was the administrative stuff i'll go right back to
the plan can everybody see the plan yes awesome okay a little bit longer that would be helpful
let me go back real quick now. So again, here's the front of the structure at the elevation of
the property. There was two signs approved by that previous grant of the variance. One was a
flat wall sign. Behind the property is this garage. The left-hand side, which is, you know,
I would say roughly two-thirds was the original garage that was built. This right side here
represents the addition, all of which was approved pursuant to a variance and permits issued.
Again, as I indicated, the rear wall of that garage is solid masonry. There are no apertures or openings. Same thing with each side. You'll see the, again, each side is solid masonry, so there's no openings or apertures on either side.
And again, the area to be used for the concrete cutting is in that rear garage located behind the home.
It's accessed by the side driveway coming up from Cotman Avenue.
There's a curb cut at Cotman, brings you into the property, and it cuts around behind the building.
This was the location of the two shipping containers that have since been removed pursuant to that prior permit.
uh this represents the front of the building you'll see there was the two signs this is the
one flat wall sign and then there was a small freestanding double face sign it was approved
pursuant to that the property is located at cotman and whitaker uh the far corner is a
sherman william paint store this uh near corner is a daycare center i think uh associated maybe
with the Holy Flock of Christ Church.