And I just want to point out to the board that this is an appeal of a by right permit.
This is not an appeal from a variance or a special exception.
This is something that LMI has already determined to be appropriate.
And so we, again, with all due respect to the appellants and the neighbors and their concerns, we don't think there's anything meritorious in this particular appeal against Illinois.
Thank you.
If I may respond, thank you, Jared, and I appreciate your comments about my diligence.
We were engaged for this matter about 12 hours, not even, before this was filed.
It was a time crunch at the last moment.
doing public service essentially for a RCO that has a statutory code interest in being able to
engage in the zoning process. All the case law that I've come across speaking to Non-Croton
does not take into account whether or not the fundamentals of any appeal will be meritorious.
The Philadelphia Code states anyone aggrieved by a decision of L&I has the right to appeal, period.
Our clients believe they are aggrieved by an overuse and an overburdening of sewage and infrastructure.
That's something that the board itself is going to have to make a determination on whether L&I exceeded its authority.
the Cook versus unemployment, Bass versus Commonwealth, Carr versus Horsham, none of them
take into account the likelihood of success of an appeal. And again, we were brought in at the 11th
hour to file this appeal on a holiday weekend and did so. And it is a distinction without a
difference. And the rules and regulations that are promulgated by this board do not prohibit
what we did. If the board wants to make it known that X, Y, and Z must occur or you will be barred
from your day in court to have procedural and substantive due process rules heard, that should
be in the rules and regulations. Thank you. Thank you. Thank you. Mr. Reuter is not here. Sharon?
i don't believe he is okay all right so 7248 rising sun avenue i vote yes that the email
appeal be recognized as timely no excuse me chair i believe that this was really only to go to the
um nunc pro tonk request that mr mr cook will be permitted to okay all right we'll be yes okay
I defer to Ms. Saleta on that. The second argument was essentially preserved for appeal.
I vote yes.
Other board members?
Solomon, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you.
Can I make one recommendation also? So the vote then is to allow you to submit the appeal at this point. We have a request that you submit it within five days, mailed in or dropped off with the required fee. Thank you.
Thank you, Ms. Leda, and thank you for everything and your service. We all love and appreciate you.
love and appreciate you thank you mr well i will echo that sharon you will be deeply deeply missed
Thank you, Mr. Cook.
I will echo that, Sharon.
thank you for everything for sure thank you both guys i didn't realize i was muted
okay okay okay all right number two mi 2021 005027 2628 north broad street and 1412 to 22
WESLEY HIGH AVENUE, I VOTE YES FOR REQUEST AND RECONSIDERATION AND REHEARING.
MY VOTE IS YES TO RECONSIDERATION.
THOMAS HALLIMENT, MY VOTE IS YES TO RECONSIDERATION AND REHEARING.
ISMAEL SHAHEED, MY VOTE IS YES TO RECONSIDERATION AND REHEARING.
number three
I'm going to read a number of
cases MI 2021
003641 215
to 19 South 60th Street Parcel C
MI 2021 003642
215 to 19 South 6, Parcel D. MI 2021 003 643 215 to 19 South 60th Street, Parcel E. MI 2021 003 644
215-19 South 6th Street. Parcel F MI-2021-00345. 215-19 South 60th. Parcel G MI-2021-003-646-215-19 South 60th. Parcel H MI-2021-03647-215-19 South 60th.
Parcel I, MI 2021-003-648-215-19-South 60th, Parcel J, MI 2021-003-651-215-19-South 60th Street, Parcel K, MI 2021-003-652-215-South 19th Street, Parcel L,
and MI 2021-003654-221 South 60th Street, MI 2021-003656-227 South 60th Street,
and MI 2021-003655-225 South 60th Street, I vote no to rehearing and reconsideration on all cases.
Harold Tenere, my vote is no to all. Thomas Holloman, my vote is no to all.
Ishmael Shaheed, my vote is no to all. MI number four MI 2021 003 754 1622 to 40 Point Breeze Avenue,
I vote no. Harold Tenere, my vote is no. Thomas Holloman, my vote is no.
Ishmael Shaheed, my vote is no.
5. MI 2021-005-238-711-Germantown Avenue, I vote yes with proviso. Assembly and entertainment
use limited to performing arts theater.
Carol Tenere my vote is yes. Thomas Holloman my vote is yes with proviso. With proviso I'm sorry.
Ishmael Shaheed my vote is yes with proviso. Going to our regular list
MI 2021-002622-1210 Elbridge Street, Jacqueline Baez, RCO Community on the Rise, Letter of
Opposition.
Ms. Baez?
She doesn't appear to be in the audience and no hands are raised, Chair.
Okay, cases continued.
Mark must be tried.
MI 2021-004831-14 Lachlan Lane,
RCO Chesson Hill Conservatory and RCO Chesson Hill Community Association, both letters of support.
RCO Chesson Hill Conservatory,
and RCO...
Attorney Bill O'Brien.
Mr. O'Brien?
uh good morning mr chairman members of the board uh william o'brien on behalf of gregory and
susan thiel the owners of 14 lachlan lane uh may i share my screen mr o'brien just for the record
spell your name for the court reporter william w-i-l-l-i-a-m o'brien o-b-r-i-e-n do you swear
a firm that tell the truth, the whole truth, and nothing but the truth? I do. And your clients,
the relationship to the property? They're the record owners and occupants. Thank you, Sarah.
Our vice chair has just a few questions. Hi, Mr. O'Brien. Do you agree to wave the reading of the
refusal and stipulate to its accuracy? I do. It appears that you have submitted all the required
documents. Is that correct? It is. You may proceed. Thank you. And please share your screen.
Thank you.
Thank you.
The subject property is on the west side of Germantown Avenue on Lachlan Lane in the Chestnut Hill neighborhood of the city.
On page two is the refusal.
There is one refusal for...
Can you see my screen?
we can okay um here we go um there is uh one refusal and that's for encroachment into the
rear yard uh other than that there's nothing else before the board on this matter uh on pages three
and uh late submission pages 37 and 38 of the two letters of support from the two rcos the chester
Hill Civic or Chestnut Hill Conservancy because the property is considered a historic resource
in Chestnut Hill. And on pages 37, 38 is the letter of support from the Chestnut Hill Community
Association. Pages four through nine are letters of all the contiguous neighbors of 14 Lachlan
lane and the house across the street um i want to skip to uh page 10 of the materials
uh which is an aerial view um the mr o'brien could you mr o'brien could you move your screen
please we're still on the first page but let me stop sharing and bring up i think i've made a
the state okay there we go um so this is an aerial view uh it's a water department resource
parcel view plan uh 14 lachlan lane is here in red what happened
i don't know what happened i lost it we see it right we're seeing it okay there i found it again
okay um this is the rear property line the addition is an encroachment into the rear
yard uh space as is indicated the uh rear yard of 14 lachlan lane is not near any residence the
residences are distant. In fact, the two properties that abut the rear property line,
14 Lockwood Lane, there's nothing in that space, no residents. And again, both of these owners
have issued their written support for the plan. I can skip to some photographs.
This is the front of the house. This is the area where the addition is proposed.
these windows would be removed. An opening would be created for about 198 square foot addition,
which will be used as a dining room. The lot itself has about 998 square feet
of available space based on open space requirements. Unfortunately, because of the way
the house is configured on the lot, all the buildable space is in the front of the house,
distant from the kitchen. So it's a hardship for the family to put a dining room, if it's
on the other side, distant from the kitchen. So that's why it's located here. The only
other place to put it, this is the window for the kitchen, the only other place to put
the only other place to put the addition would have been on the side yard however that would
the addition would have been on the side yard. However, that would have still required a
have still required a variance for the side yard encroachment it would have been closer to the
neighbor's home and it would have jeopardized this heritage tree shown on the right side of
this photograph this is a rear this is looking from those windows where the addition will go
looking to the backyard the addition will be about 10 feet from this small tree and as i indicated
there's a little uh storage shed here in the back on the property on the neighbor's property but
there are no residences anywhere nearby. There is a proviso plan here, which I'm showing now.
The peak of the proposed addition was not exactly centered under a dormer on the second floor.
The neighborhood requested that it be adjusted. That adjustment is shown on the proviso plan
and described in verse on the proviso form,
which is page 17.
Excuse me, Mr. O'Brien, this is Sharon Salette.
I'll confirm that we did receive those in advance
and that the changes are fine to be made by revised plans.
Thank you.
Thank you, Ms. Wendt.
Page 18 and 19 are the elevation plans.
I'll skip to 19, which is the proposed.
So this depicts the addition
and a standing seam metal roof,
which again was suggested by members
of the historic conservancy group.
And then the rear facing,
looking from the property line towards the house,
this is the revised elevation
showing that the peak of the proposed addition
is in line with the peak of the roof above it.
I don't know if there's much more I can offer.
I'd be happy to answer questions.
Is your client with you, Mr. O'Brien?
Yes, I'd ask Mr. Thiel to raise his hand.
He adopted a testimony.
Greg, would you raise your hand?
Mr. Thiel, please unmute yourself.
Sir, could you state your name, please, and spell for the court reporter?
Gregory Thiel
last name T like Tom
H-I-E-L
Do you swear for him to tell the truth
the whole truth and nothing but the truth?
Yes I do. Proceed.
Mr. Thiel
were you on the hearing and did you hear
my testimony? Yes I did.
Is it accurate and true
the statements I made? Yes it
is all accurate and true. And do
you adopt it as your own? Yes, I do. And you are the record owner and you're occupant of 14 Lachlan
Lane? That's correct. Okay. Thank you. Questions from the board? No, Mr. Chairman. No, Mr. Chair.
Questions or comments from the virtual audience? Chair, we have Charles Richardson.
Good morning, Mr. Richardson. State your name, please, for the court reporter.
good morning mr chair charles richardson from the office of councilwoman cindy bass
r-i-c-h-a-r-d-s-o-n room 312 city hall do you swear or firm to tell the truth the whole truth
and nothing but the truth i do please proceed councilwoman has no objection to granting the
variance thank you very much any other questions or comments from the virtual audience
i see no hands chair planning commission morning chair bergman ian hegarty for the
philadelphia city planning commission that's h-e-g-a-r-t-y do you swear or affirm to tell
the truth the whole truth and nothing but the truth yes sir thank you thank you uh members of
the board comprehensive plan recommends no change to the rsd1 single family zoning here at this
location. The configuration of the existing structure makes locating the addition elsewhere
impractical, and the addition is so configured to minimize the variance. So the City Planning
Commission recommends that the Board grant this variance. Thank you. MI 2021-004831-14
Lachlan Lane, I vote yes, with proviso. One page. Carol Tineri, my vote is yes, proviso.
thomas holliman my vote is yes we provide so ishmael shaheed my vote is yes we provide so
thank you mr o'brien thank you mr chairman thank you members of the board thank you chair
number three mi 2021 004826 1428 west venango street
letter of support from nicetown tayoga improvement district
jermaine harris yes yes good morning good morning uh could you state your name is bell
attorney yes yes good morning good morning uh could you state your name and spell for the
court reporter mr harris please sure jermaine harris uh j-e-r-m-a-i-n-e so you spell my first
name last name you spell it as h-a-r-r-i-s right do you swear for him to tell the truth the whole
truth and nothing but the truth i do uh could you identify your client and the relationship
to the property my client is young and seldom homes uh which is uh llc and they're both here
they're both present on the call um and they are the owners they are the record owners of the
subject property the vice chair has a follow a couple follow-ups hi good morning do you agree
to leave the reading of the refusal and stipulate to its accuracy i do it appears that you've
submitted all the required documents. Is that correct? That is correct. You may proceed and
please share your screen. Thank you. Yes, that's what I was going to ask you is can I share the
screen. You bet you you can. Okay.
Okay. Can you, can my screen be seen right now? No. Okay.
now can i speak yeah we're now we're good okay all right i have here my uh exhibit packet but
essentially uh what the owners of this property is uh seeking to do is to get a variance for a
three-family uh triplex for this building now i will note that this building for many years
had been approved for a three-family. In fact, the history goes back to 1942 where this very
board granted a variance for this property for it to be used as a three-family, and that continued
for many years. Unfortunately, this property had a fire, and it had a fire in the early 2010s from
my understanding. And it remained vacant. And as a result of the building remaining vacant