did that open up
nope not yet it says you are screen sharing yes you are sharing but you're sharing your actual
file so did you click on the actual folder or did you click on the document that you
on the actual folder no it should be the document that's already open you have it open
on your desktop right
so you should be clicking on that and not
clicking on the actual
files that are
alright so if you'll bear with
me let's try this one more time
so stop share
and go to share screen I'm sorry I don't
know this
no worries
and then
we're going to look for the file
that you have open where the pictures are and everything you want to show that's what you
should be clicking on so it's the same thing coming up how about if he goes up to the next
line which says it's really weird because it says it's showing these i'm sharing these
photographs but i just don't show it um i get i guess what i'd like to ask is do you folks
of a copy of the documents i sent why don't we do this if it's okay uh tanya we'll go to the
next case and offline maybe you can help mr levy get through um does that work um no not really
because i have no way to communicate with him oh okay so it's your fault here i don't know um
all right you know what mr levy try to your best to uh give us the background on what this
application is all right well uh does the board have any first of all have the uh engineering
drawing or plan but actually the board no because it's done by zoom we have no way of really having
all these documents are the attorney and the uh has all that our attorney i believe may have that
information uh you know when we do this in person in a hearing when we have the plans literally in
front of us but we rely on zoom to see those plans can we can we check whether the attorney has the
the engineering plans i can check that and um i guess email them to the board but that could
take a few minutes you know what sharon is there what is your way is there a way of walking us
through what you have there just to get some information on the record i'm looking for a
simple solution i think because everybody apparently i'm not sure what the planning
commission's position is but the rco obviously supports this um it's it's essentially not the
alteration of the building from its use in any way this is just one of the many properties in
philadelphia which has been used as two separate dwellings my client acquired it in 2019 and on my
advice she seeks to be in full compliance with the law even though right now there's place for
and installed two separate kitchens two separate bathrooms and two separate entranceways
uh each with its own secure lock at the foyer you're basically asking for you're basically
asking for legalization yeah essentially because we want to you know obviously if you don't
have that you can't get a proper license and you can't even enforce
all the rights of ownership if you chose to rent it we seek to be in compliance even though the
property right now is not in the use of control. This is unusual, but let me just skip over if
it's okay and ask if there's anyone. Do you have your client?
and ask if there's anyone uh let's you have your client is your client available let's get your
client on to adopt your testimony and then we'll ask if there's any questions from the board and
members of the public um chair also this is sharing i did pull up the exhibits i have floor
plans and photos that i can forward to the board if you would like maybe to move this back one case
and to come back to it yeah okay why don't we do that that way mr levy everything's on the record
and uh no one can challenge not that they would but just to prevent that from happening
the meanwhile i'll try to technologically catch up okay so we'll go to case we'll go to case number
10 thank you thank you thank you sharon mi 2021-5801 christian street steve masters is the
attorney of record third ward executive committee and the west philadelphia economic development
corporation support this application with provisos mr masters please identify yourself
and i'll swear you in good morning um mr chair members of the board steve masters with the law
firm of just laws here on behalf of savannah freeman and his water ice business you swear
a firm to tell the truth the whole truth nothing but the truth i do thank you mr plaza has some
questions for you yes uh do you agree to wait to read in of its refusal and stipulate to its
accuracy we do and uh have you uh emailed an exhibit packet with the required documents proof
of ownership proof of tax compliance copy of the refusal or referral photos and plans five days
prior to this hearing yes we have okay and have you uh met with the rco and have a letter
we have met several times with um several rcos and we do have two letters that we put in our
exhibit binder there may be a there is a third rco that participated and they may have sent in a
letter but we don't have a copy of it thank you please proceed um good morning mr chair members
of the board uh this is um one of the most popular zoning projects that i have had the privilege of
representing um as as you'll let me share my screen here um as you'll see from uh
our exhibit binder which we'll go through there was 182 addresses that the planning commission
gave us in terms of who to contact for the 250-foot radius, and 180 of those people signed a petition
in support of this water ice stand. Water ice apparently is one of the few things that maybe
can bring everybody together in our city, which is a good thing. This exact use was previously
granted a variance by the Zoning Board in 2019, calendar number 8770. And the reason we're here
is because that previous business owner never got a certificate of occupancy for this location,
and therefore the permit expired. We are here for really just a small shed in the rear part
of this of this property so let me just go through some of the exhibits and the photos
so the the refusal here is just for um it's a because this is an rsa5 zone district and this
is a takeout but it's a restrictive takeout restaurant use just for water ice with related
products um we we as you'll see as we go through uh we're only looking for uh for approving this
use in the rear shed, not the entire first floor of the property, which was something that was
very important to the community. The third ward letter basically states that they want this
variance to only be limited to the shed, which is what we also want, and that no expansion of
the area. This is a pre-existing structure that is way too small to be used for a single-family
dwelling, which establishes an unnecessary hardship by law. The third ward was in agreement
as long as the closing hours are appropriate and the trash is well maintained. And then West
Philadelphia Economic Development Council is the other RCO that issued a letter of support.
They said actually strong support, and their main concerns were that the water ice only be sold in
rear shed and that there's no change of use for the rest of the property.
We have the 180 petitions that were gathered by Mr. Freeman that we're showing the board now.
Showing the board now.
Our proposed provisos, the community when we met with them had specific concerns about the remaining first floor of that property because it was historically a notorious nuisance business.
so the community wanted us to ensure that the grant of the variance would only be for the rear
shed so we're we're asking the board to approve four provisos today change of use for sales of
water ice with related products limited to the rear shed of the property only no change of use
for any other portions of the property trash to be well maintained to prevent a nuisance
and the water rights establishment to close by 9 p.m. every evening.
Any changes to the closing time would be jointly agreed upon
between the applicant and the coordinating RCO.
We have just, although there's no construction,
we don't really need a plan for you,
but we wanted to show you just a plan and some of the photos.
so this over here is Christian Street and the this is a two-story building the
second story is an apartment the first story this is all empty this was where
the nuisance business was and then our business is going to be in the small
little shed in the back here you can see some of the photos now this is from the
side of the little shed the the water ice is the bright yellow this is the
front of the water ice establishment and this is the context it is next to a
house to the right of it and it's and it's got a solid wall there's no
there's no ingress or egress to the remainder of that property the
commercial property from from this water ice this is the vacant commercial
property on the first floor and the apartment that's uh occupied on the second uh you can
see houses behind the water ice and we have uh context of the neighborhood
uh we have the zoning posters i believe coming up yeah there they are
Mr. Could you go back to those provisos?
Okay, change of use, we limit it to the rear. Number one, change of use for sales of water related product will be limited to the rear shed of the property. There will be no change in the use other than?
Chair, do you want to make some suggestions?
yeah yeah i'm looking um proposed sale of water ice limited to rear shed of the property
um no change as far as number two well any other change of use would require further zoning
approval so that's reflected in the plan right trash will be well maintained to prevent a nuisance
that's too vague you can add a trash stored in doors or wherever it can be stored something more
specific um water rights establishment must close by nine each evening you can add that but not the
reference to future agreements between that that would be too vague well we we were concerned mr
chair that um that while our i just see when when when our when my client uh testifies or just
affirms my testimony he lives on this block very close to the establishment he certainly
is as concerned as everybody on the block to that this not operate too late but we didn't want to
be locked in to a specific hour in case uh that 9 30 or 10 might work on some night so we wanted
to have some flexibility but recognize that the community had a legitimate concern that the
establishment have a reasonable closing time each year so i correct me wrong we that's too vague
isn't it we just have it is it has to be or nothing exactly it has to be enforceable as well
the lni examiner is not going to go out to um confer with the neighbors and the property owner
to see if they've reached a new agreement we understand you can do that by a private agreement
perhaps we understand the intention mr masters but again it's too vague that's why one
We understand the intention, Mr. Masters, but again, it's too vague.
That's why I wanted to look at this.
And also, where is the trash now being stored?
So there is a trash container that will be put out when the business is in operation.
And because our owner lives just a few doors down, he's actually going to remove the trash from the property each evening and put it into his personal trash.
So it's such a small business, it didn't seem to be appropriate for a commercial trash pickup.
okay all right understood uh no no jesus other all right i i don't again those those i understand
the intent of those provisos uh but i want to lock you guys in at 9 p.m because there's no right
right so we're happy to do a private agreement with the community on that okay all right if you
can summarize and get your client on we'll uh we'll move forward sure and then just the exhibits
do have the lease and the letter from the from the property owner um and our rco notice and our
mailing and all the other good stuff um can savannah freeman can you raise your hands so you can be
recognized he's been allowed to talk good morning everyone my name is savannah freeman ma'am please
spell your full name good morning this is savannah freeman uh s-a-v-a-n-n-a last name freeman
f-r-e-e-m-a-n do you swear for him to tell the truth the whole truth nothing about the truth
yes thank you mr masters yes mr freeman you um you've been present during the hearing today is
that correct i have yes um so you heard my testimony do you adopt it and accept it as your
own yes i do do you have anything else that you wanted to add uh for the board today no i don't
thank you okay uh we have no further witnesses um mr chairman thank you any questions from the board
no mr chairman no no anyone else would like to testify in this case if so please raise your hand
mr chair this is jason hand i see no further enhance this time thank you jason uh planning
commission thank you mr chairman uh david effectos city planning commission mr chairman members of
the board the comprehensive plan recommends no change in the existing residential single family
zoning this building has a history of commercial and residential use we recommend that the board
grant requested use variants thank you mi 2021-05801 chair i'm so sorry to interrupt but i um i had an
email from andrew goodman and i just wanted to put on the record that um councilwoman gothier also
supports the shoes thank you sharon while you're on number 10 i have them i don't think i have a
complete mi number on that it looks like it's i'm sorry um i think you're correct i think it's
likely zero zero five eight oh one minute five oh eight five eight oh one is christian street
steve maybe you can help what is the um the my the calendar number i have is mi
MI2021-001978.
And that is correct.
I just checked against the words list.
I apologize.
No worries.
Thank you.
MI2021-001978, 5801 Christian Street.
My vote is yes.
Professor Plaza, my vote is yes.
James Snell, my vote is yes.
Thomas Holloman, my vote is yes.
We now go back to case number nine with Mr. Levy.
Thank you, may I be excused?
Yes, you may. Thank you.
We're now back to 5386 Chew Avenue.
Good morning again, Mr. Levy.
How are you?
We're good.
So let me try this the way I think I've got it.
There you go.
is that visible yes yes it is thank you oh thank you all for your patience all right this is 5386
shoe avenue and essentially um the property appears from the outside to be a regular single
family home in philadelphia in fact if you look at the bottom of the second of the elevation second
to the left, you can see that there's actually an entrance foyer. Now, the first door located
at the bottom, do you guys see my cursor? Yes. If you can see the bottom.
do you guys see my cursor okay yes if you can see the bottom that's where the entrance the house is
on the street which you can see uh here on the far right uh sketch of the the building which i think
serves us best um the kitchen in the existing structure is located in the back
and the kitchen in the second floor apartment is located in the center and on the third floor
there are three bedrooms and a full bath, of course, in each unit. The first floor is on the
back in the rear. The second floor is up front. We met, let's see if I can do this, with the
neighborhood office. And as was said earlier on the record, there was no opposition.
And basically, we have notice of two in attendance who voted non-opposition.
With that, I'll take any questions that the board may have.
Is your client available to adopt your testimony?
I believe it is.