I have no objection to the grounding of the variants at this location.
Mr. Chairman and members of the board, the authorization of variance relief
Mr. Chairman and members of the board, the authorization of variance relief will not
alter the character of the neighborhood or district or be detrimental to the public welfare.
The proposal fits into the surrounding neighborhood as evidenced by the support of the coordinating
RCO and the district councilman. The variance will represent the minimum variance to afford
relief and represent the least modification possible of the regulations at issue. The grant
of variance relief will not substantially increase congestion in the public streets.
increase the danger of fire or otherwise endanger the public health, safety, or general welfare.
The proposed uses here, one medical practice, and the residential, residential that's in line with what you see across the street,
may actually reduce negative impacts on the community, reducing the commercial footprint at the site to the one medical practice, which is needed.
This will not adversely affect transportation or unduly burdened water, sewer, school, park,
or other public facilities.
There are no environmental issues.
I believe Dr. B is with us virtually, as is Ryan Solomeo of Harman Deutsch,
all our architects, if there are questions.
And again, Mr. Chairman and members of the board,
if the board is inclined to grant the requested relief,
we would ask that it do so pursuant to the one-page revised proviso plan submitted to Ms. Emerson.
Counsel, you started with four units and revised to three?
Yes, sir.
Thank you.
Is your client available?
Dr. Berdichevskaya, would you kindly raise your virtual hand?
There she is.
Good morning.
Could you state your name, please, and spell for the court reporter?
My name is Dr. Violetta Berdichevskaya.
B is a boy.
E is an Edward.
R is an Robert.
D is an David.
I is an Inc.
C is a cat, H is a Henry, E is an Edward, V is an Victor, S is a Sam, K is a king,
A is an apple, Y is a yellow, A is an apple. Thank you. Do you swear or affirm to tell the
truth, the whole truth, nothing but the truth? Yes, sir, I do. Counsel, proceed. Thank you.
Good morning, Dr. B. Have you been present for the entirety of this virtual presentation before
the Zoning Board of Adjustment? Yes. And would you adopt and affirm the testimony that I have
offered as your own? Absolutely, yes. Thank you. Questions from the board? No, Mr. Chairman.
Questions or comments from the virtual audience?
Do not see any hands, Mr. Chair. Planning Commission? Thank you, Chair Bergman. Ian Hegarty
for the Philadelphia City Planning Commission. Board members, the comprehensive plan recommends
the zoning map change from CA1 to CMX2 at this location. Proposed use is consistent with the
recommended zoning district, and so the City Planning Commission recommends that the board
grant the variance. Thank you. MI 2022-005-446-12006-08 Musselton Avenue. I vote yes with provisos.
Maximum three units, revised plans, one page, stamped by ZBA on February 22nd, 2023.
Thomas Holliman, my vote is yes with provisos.
James Snell, my vote is yes with provisos.
Thank you, Mr. Chairman, members of the board.
Thank you.
Hays, can you vote?
Yes, I voted.
Thank you.
Thank you.
Can I get that on the record?
Yeah, why don't you do it again, Ish, just be sure.
Ish, my word is yes.
With provisos.
With provisos.
Thank you.
Thank you.
Is there anyone in the virtual audience whose case has not been called for this morning's schedule?
I don't see any hands, Mr. Ch...
Wait a minute, a hand just went up.
And for Mr. Hal Shermer, I have allowed him to speak.
Did I miss his case?
Good morning, Mr. Chairman. I had requested a continuance. I was actually on the road, family medical. I just want to double check that 1,500 winsome has been continued. It didn't show up in the webinar chat.
What? Hold on a minute.
It was number eight.
Actually, Mr. Chair, this is Hillary. It's number 13. You did continue it.
I already continued it, sir. Yep.
Thank you.
Thank you.
Okay. See everybody at 2 o'clock. Thank you.
Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearings.
With us is Thomas Holliman, our board member.
is Thomas Holliman, our board member. Present, Mr. Chairman. And James Snell, our board member.
Present, Mr. Chairman.
And James.
Present, Mr. Chairman. Our Vice Chair, Ishmael Shahid, will be on in about 15 minutes.
Also present is Hillary Emerson, our attorney, and our Executive Director, Tanya Sunken.
Here's our virtual format. Be advised, the proceedings are being recorded.
Video will be available by contacting tanyasunkett at philip.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and you wish to testify, press star nine to raise your hand and star six to unmute.
if you want to leave a message a message 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 all comments should be directed to our executive director tanya sunken let's look
at our continuances for this afternoon. Number one, MI-2022-002-945-1400 Englewood Street.
That case is continued. Number four, MI-2021-003-169-90 Rochelle Avenue. That case is
discontinued attorney moving party.
Is there any comments relative to those two continuances?
Good afternoon, Mr. Chair.
I do not see any hands at this time.
Thank you.
Are there any other requests for continuance?
Mr. Chair, Ms. Alice Ludovic.
Good afternoon, Chairman, members of the board.
Alice Udovich, on behalf of Councilman
Brian O'Neill.
On the case... Hold on
one minute. Do you swear
to tell the truth, the whole truth,
nothing but the truth? I do.
What case, Alice?
Bybury Road.
I'll be right with you.
That's number three, Mr. Chair.
Yes. Do you want a continuance for that case?
I would like to request a continuance. I take partial responsibility in not facilitating a meeting with the RCO.
Okay, go ahead.
Alice, let me call the attorney so he's online.
Daniel Lynch.
Hi, Chair. This is Tanya.
May I respectfully request that Ms. Udovich spell her name, please?
Sure, we will.
Yep, thank you.
A-L-I-C-E, last name is Udovich, U-D-O-V-I-C-H.
Mr. Lynch.
Mr. Chair, I don't see Mr. Lynch in the audience.
Is there anyone?
how about uh i'm sorry i'm sorry i believe it's mr chair i believe daniel lyons is in the audience
i may have miswritten his name i believe he's the attorney okay daniel lyon
he's been about to speak hi sir could you state your name please and spell for the court reporter
hi yes can you hear me my name is i can thank you so much my name is daniel lyons uh l-y-o-n-s
Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
Mr. Lyons, the council members for the area is requesting a continuance so they can facilitate a meeting.
Yes, I can represent that there was some miscommunication, I suppose, on behalf of the RCO.
We did back in October request a number of times a meeting, and each time those requests went unanswered.
So I can confirm that part of it.
So we're going to continue this case, okay?
All right. So number three, MI 2022-005-910-4340, Bybury Road, this case is continued.
Thank you for getting on Mr. Lyons. Thank you. Thank you, Chairman and members of the board.
Thank you. Any other continuances?
Thank you. Any other continuances?
Yes, Mr. Chair. Mr. Vladimir Leon has his hand raised. I've allowed him to speak.
Yes, hello.
Your Honor.
Wait a minute.
State your name and spell it, please.
Yes, Your Honor. This is Vladimir Leon. V-L-A-D-I-M-I-R-L-E-O-N.
wait a minute
calm down
do you swear for him to tell the truth
nothing but the truth
your case is going to be
your case will be called shortly
thank you
thank you
thank you
thank you
is there any other request for continuances
yes sir
mr jimbert has a hand raised
I have allowed him to speak
My apologies. I probably should have put it down. I was with the Byberry case. I represent the owner.
All right. Hold on a minute. State your name and spell, please, for the court reporter.
My name is James Burt, B-U-R-T-T.
Right. Do you swear or affirm to tell the truth and nothing but the truth?
So we've decided to continue that case.
Yeah, I know. And I apologize. I probably should have put my hand out. This has come out of left field.
we thought we were going to be approved today.
Yeah, okay.
And so I have to go back to it.
The seller, I mean, the owner on this.
Thank you very much.
Ars, thank you, sir, for calling in.
We appreciate it.
Any other requests for continuances?
Sir, there are no other hands at this time.
Okay, thank you.
So number eight, MI 2022-003-307,
711 West Montgomery Avenue.
We have no exhibits. This is the second listing.
Christina Osborne.
Mr. Chad, do not see anyone answering to that name.
So MI 2022-003-307-711 West Montgomery Avenue.
I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
Thank you.
We're going to go to our add-on list.
Be right with you.
Number one, MI2022-004-389-1222 North 41st Street.
I vote no to reconsideration and rehearing.
Thomas Holliman, my vote is no to reconsideration and rehearing.
Jane Snell, my vote is no to reconsideration and rehearing.
Number two, MI 2022-004-390-1220-North 41st Street, I vote no to reconsideration and rehearing.
Thomas Holloman, my vote is no to reconsideration and rehearing.