civus
Hearing video

ZBA Hearing - December 1, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20214h 59m

Professor Plaza, dismiss.

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Okay.

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MI 2021-003790.

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James Snell, dismiss.

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Oh, thank you.

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Thank you, Jane.

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5019 Beaumont.

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Heinz Ishmael, no exhibits.

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Anyone from 5019 Beaumont?

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Mr. Chair, but once again, I do not see anyone in the audience.

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Was this the first listing for this?

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Yes, I think it is.

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Oh, was it?

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I think so.

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It's on the number, yes.

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Okay.

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Okay.

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All right.

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So let's go to number seven.

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M.I. 2021-002886-5958 Vine Street, Michael J.P. Williams, Esquire, RCO HMC Squared, letter of support with provisos.

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Michael Williams will be returning as a panelist.

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Thank you.

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hi this is hi this is attorney michael williams thank you mr williams would you

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spell your name for the court reporter it's m-i-c-h-a-e-l williams w-i-l-l-i-a-m-s

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right my attorney id number is uh 205-614 my address is 6217 frankfort avenue

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Thank you.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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The vice chair has a few questions for you.

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Sure.

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Hi, sir.

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Do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral,

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photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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Yes to all questions.

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Great.

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you may proceed. Okay. I have with me my client, Ms. Ladera-Smith. She is the tenant applicant

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At 5958 Vine Street, our application is for a takeout restaurant.

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at 5958 Vine Street. Our application is for a takeout restaurant.

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My client does fresh food, mainly fish.

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This is her first business.

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She met with the RCO that's HMC Squared.

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We attached a letter of support.

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I'm sorry.

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Yes.

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I'm sorry.

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Do you have exhibits to share?

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I do.

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I'm going to screen share here.

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Thank you, Kylie.

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Thank you.

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Sorry for the interruption.

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no no worries it's um i'm just uh i'm usually doing these in person with the board and this

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is the first one that i did electronically and so i'm looking for the screen share here it is

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okay um are you able to see that that's today's hearing

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and okay here's the uh here's the refusal

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okay the zoning is rsa5 this is a corner property that's located at 60th and bind street

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adjacent to this property there's a mini mall that has a food market and also a uh take another

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takeout food restaurant and then diagonal or caddy corner there's a Chinese takeout

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restaurant.

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So, we feel that our application is in conformance with the character of the neighborhood, that

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it would not be detrimental to the neighborhood or impact it negatively in any way.

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this is our project information form that we submitted

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this is our commercial lease agreement

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immediately behind this is a letter of authorization from the landlord that says that we have his

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authority to appear here to make this presentation as the tenant for the takeout restaurant

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um this is our tax um compliance form um it's valid through december 1st 2021

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um here's our floor plan

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and this is the notice that my client sent out to the rco and to the um uh surrounding neighbors

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We sent out approximately 150 letters, proof of mailing.

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And then this is the letter of support from the RCO.

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And then they have a summarization that's attached of the meeting that they had.

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You can see that they say this will be Mrs. Smith's first business.

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No renovations or construction are required to the building.

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This was set up as a takeout restaurant by a prior tenant who left before making an application to the board or to L&I.

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The first floor was vacant before my client assumed possession.

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It was vacant for about 18 months.

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Her hours operation would be generally from 11 a.m. to about 9 p.m. in the spring and summer,

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and then in the winter to close earlier, approximately 11 a.m. to 7 p.m.

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My client added security features, dusk to dawn lighting.

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She's going to have security cameras.

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And this is just the list of witnesses.

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My client is present and she's prepared to testify.

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If the board has any questions, I can field the questions now, or if you would like me to call my client to adopt my testimony.

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Why don't you call her now, and we'll adopt the testimony.

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All right. State your name for the record, please.

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Ladera Smith.

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Ms. Smith, you've heard my testimony.

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Hold on one minute. Could you spell your name, please, for the court reporter?

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oa d like david e-r-a smith s-m-i-t-h thank you and then do you swear or affirm to tell the truth

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the whole truth nothing but the truth yes okay thank you miss smith you've heard my testimony

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here this evening yes and do you believe it to be true and correct yes um do you adopt it as your

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own yes is there anything that you think that i left out or that you would like to add no okay

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with that i would ask if the board has any questions we'd be happy to answer them any

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questions on the board yeah i just have one question there's not going to be a takeout

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window correct no they would walk into a counter okay thank you correct

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no they would walk into a counter okay thank you correct

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any other questions from the board no

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any questions from the virtual audience

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the chair there is a miss jacqueline carton with her hand raised i have allowed you to speak at

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this time sir thank you uh yes i didn't hold on one minute could you could you state your name

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and spelled for the court reporter yes j-a-c-q-e-l-y-n carlton c-a-r-l-t-o-m all right do you

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swear or affirm to tell the truth the whole truth and nothing but the truth yes thank you uh first

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i'd like to uh clarify what hmc square stands for it stands for four communities haddington

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mars park carroll park and cathedral park uh this property is in the haddington component of hmc

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square uh council i didn't hear about uh trash that is an issue in our hmc square with these

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takeouts we the residents have to clean behind these small businesses and i didn't hear anything

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about your trash uh are you gonna have commercial trash pickup we we i can address your concerns um

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So once my client's going to have a private dumpster company pick up the trash, the dumpster

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will be located at the rear of the property in a fenced-in area with a privacy screen.

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So you won't be able to see the dumpster, but it will be there.

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My client, if you've looked at the property recently, hopefully you've seen the improvements

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that my client has already made to the exterior of the property in terms of cleaning it up.

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She's painted the property. She's removed graffiti. She has also picked up litter trash.

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She will patrol this area on a daily basis. She wants to help keep the neighborhood neat

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and clean, and this is certainly one of her priorities.

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Is there any other people with questions?

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I see no other hand, sir.

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Planning Commission.

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Sir Ron Bednar, City Planning.

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While this property is currently indicated for residential use on the city plan given

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the documented site history, I recommend the request for variance to be granted.

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MI 2021-002-886-5958 Vine Street, I vote yes.

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Harold Tenere, my vote is yes.

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Professor Plaza, my vote is yes.

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Thank you, Councillor.

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Thank you. Maybe you'd be excused.

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Yes.

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Thank you kindly.

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Okay.

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okay mr chair what do we do with number six number six is was the um the no exhibits

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no exhibits no no conversation no nothing but they said it was the first listing

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it's the first listing if you are to continue could i suggest that it be must be heard

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can you announce that on the record please chair sure

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let me get it up again here okay i i can do it um mi-2021-003790 5019 beaumont street

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this case is continued and it must be heard. Thank you ever so kindly. Oh, sure.

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Thanks, everybody. Thanks to the court reporter for being here a little long.

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Chair, if I could ask if you could make the announcement to make sure everything that should

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be presented today has been and no one is waiting in the audience. There is no one waiting. Should

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we checked is there anybody waiting in the audience i see no hands sir we went through

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all the cases there's nobody waiting and we're officially over we are all righty thank you all

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thank by the way thank you everybody great job thank you thank you mr bergman i appreciate you

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have a good night

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bye guys

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have a good night

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thank you Bill

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Tita forgot to

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look at Tanya

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I'm telling you

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he's my new favorite

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I know I can already tell it

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I'm feeling it

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you got yourself

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a girlfriend here

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this is unbelievable

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great job

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great job all right thank you everybody

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thank you everybody

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have a good night bye bye Jason thank you bye DPZ Zoom

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Sure

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I was going to

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