court sonographer? My name is
Natalie Ramos,
N-A-T-A-L-Y
Ramos, R-A-M-O-S.
all right do you swear or affirm to tell the truth the whole truth and nothing but the truth
i swear all right so we don't have the exhibits and we believe you may need an attorney
that we need an attorney you may need ramos sorry miss ramos are are you affiliated with
a and j trinidad tires llc yes i'm the um owner wife but um we're waiting for someone um that
was going to handle this but she haven't traveled to get into the meeting i don't know if you can
leave this case for the last ma'am we did not receive any exhibit so we cannot move forward
with this case and because the property is owned in the name of an llc only an attorney can present
this case to the board oh i understand so um so um can um can they postpone it but we um we don't
wanted to be so far
so we can get an eternity and
proceed.
Ma'am, please.
Go ahead, Chair. We're going to continue
this, and what you could do is call
the office and talk to the office
and just see
where you stand and when this will come back.
MI 2023-006-343-
9901-9901
Franklin Avenue. This case is
continued. Number
three mi 2022 006 737 619 north 39th street spin moon llc is the owner
i do not see any hands for that matter mr chair so mi 2022 006 737 619 north 39th street
This is the third listing. I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
Dishabh Yashid, my vote is to dismiss.
Thank you.
So, number six, MI 2023, 002-181-362 Claremont Road.
Marcus Belcher is the owner applicant.
There's no exhibits. This is the second listing.
Once again, Mr. Chair, there are no hands for that matter raised.
So MI 2023, 002, 181, 362 Claremont Road.
Case is continued. Mark must be heard.
So, number 12, MI2023, 000507, 2172 East 1st Street, no exhibits, third listing.
Corey Valby
They've been about to speak
Hello can you hear me
Yes we can
Could you please state your name and spell for the court stenographer
Sure this is Corey Bolby
That's C-O-R-E-Y
Last name Bolby
B-O-W-L-B-Y
You swear for him to tell the truth
The whole truth and nothing but the truth
Yes I do
We do not have your exhibits
so i i had sent in the oh is that hillary i was gonna say yes but i'm just sorry mr chair just
after i sent you the summaries we received the exhibits late last night they were incomplete
and i i let mr bulby know that that um you know they were late and and also incomplete and so
unfortunately we cannot proceed today so i yeah i sent them a few months ago and
So, yeah, I had sent them a few months ago, and the only thing that I added last night was the picture of the latest posting of the orange poster on the garage door.
And I understand, Hilary said, however, that the RCO information was missing.
So I had followed up several times with Daniel, who's the chair of RCO, and he indicated that he would be providing the meeting minutes.
and evidences um so i believe that that's the only thing that's missing at this time
unless you were able to mr yeah mr bolby you're you're the tax clearance you need an updated tax
clearance and you did submit the photos but you only submitted them this morning so there was not
time to review them so those are the other the other things that need to be resolved so so mr
mr bolby what i'm going to do is i'm going to continue this case and it must be heard the next
time. So MI 2023, 000507, 2172 East 1st Street. Cases continued. Mark, must be heard.
Okay. Thank you.
Thank you. And number seven,
MI 2022, 006736, 2129 Pine. This case has been withdrawn.
let's go to our
our add-on
thesis
number one
MI 2023
006162
Patterson Avenue
I vote yes
Thomas Holloman
my vote is yes
James Snell
my vote is yes
Ismail Shahid my vote is yes
Thank you. So, number two, MI 2023-005-930-9456 Woodridge Road, I vote yes.
Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Ismail Shahid, my vote is yes.
Number three, MI 2023-005-139, 626-30 North Delaware Avenue.
The vote in this matter is being rescheduled to Wednesday, April 3rd, 2024, at 9.30 a.m.
We'll go to our regular list.
So, number one, MI 2022-004-553-9855-89 Busselton Avenue.
Bernard Anastasio is the attorney.
There was a meeting held by the Greater Busselton Civic Association on 425-23.
Is counsel here?
Thank you.
Good morning, Mr. Chair.
Good morning.
Could you please, just for the record, state your name and spell for the Quartz Linography?
Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Gregory Kloos.
All right.
Do you swear to Vern to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has just a few questions, sir.
Thank you.
Good morning, counsel.
Do you agree to weigh the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
I have.
Thank you, counsel.
Please proceed.
Thank you.
Mr. Chair, we're here for 9859 Busselton Avenue.
And the application is for an event space.
The property is located in Northeast Philadelphia Shopping Mall, Plaza, across the street from President and Morrell Streets in the Presidential Plaza Shopping Center.
The reason why we have to come to the board, even though it's zoned perfectly, is that there is an overlay that requires us to go before the board for this particular use.
And that's why we're here today.
The property in question, as I said, is there couldn't be a better place to put an event space because it's completely removed from residential area.
uh it's in a as i said a strip mall uh and this is the interior layout my client actually signed
It's in a, as I said, a strip mall.
the lease uh and began to occupy it unaware of the overlay uh and as a result when that that was
made uh notice to him he decided to go this route and asked me to to legalize the pre-existing use
But as you can see, it's already built out. This is never used as a nightclub or for live music sort of concerts. This is for birthday parties and weddings. Here's the strip mall. Birthday parties and weddings, showers, graduations.
And in the time that the operation has been in place, there hasn't been 1-3-1-1 or 1-9-1-1 phone call.
They've been operating without incident.
And here's the additional interior layouts and photos.
As I said, my client did, in fact, meet with the RCO.
And here's proof of mailing.
there's the proof of mailing and there's the proof of posting and we have the lease that
shows that uh the my client's term ends in 2026 so if if this board uh is inclined to grant
this variance uh based on the pure fact that the man saw that saw the zoning classification
signed a lease, has been paying rent, has been operating thinking that it was compliant,
only to find out that the existence of a relatively small overlay prevents the use
without getting this relief. Perhaps, if not a full variance, then at least one that would
sunset with the termination of his lease in 2026. So with that, I'm going to ask my client,
Gregory Kloos to raise his virtual hand.
I've been about to speak.
Thank you.
Hello, my name is Gregory Kloos.
Hi, could you please spell your name for the court stenographer?
Gregory, G-R-E-G-O-R-Y, Kloos, C-L-E-U-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Proceed, counsel.
Thank you.
Thank you. Gregory, did you hear my presentation to the board this morning?
Yes, I did.
Is it true and accurate to the best of your knowledge?
Do you adopt it as your own testimony?
Did you review this property, sign the lease, engage in rental payments solely on the belief that this was an approved use at the time?
Okay, very well. I have nothing further.
Questions from the board?
No, Chair.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
This is Ryan McSherry, yes.
No questions or comments, Mr. Chair.
Questions or comments from the virtual audience?
Mr. Chair, I had a hand up, but okay, the hand's gone up. I have Jack O'Hara with the hand raised.
Okay. Good morning, Mr. O'Hara.
I'm sorry, Mr. Chair, if I put it down, you can proceed.
Mr. Chair, I want to make sure that as additional provisos in the event that this is granted, my client agrees to commercial trash pickup and exterior lighting and security cameras.
planning commission thank you chair bergman and good morning david fecto f-e-c-t-e-a-u with the
city planning commission you swear affirm to tell the truth the whole truth nothing but the truth
yes sir i do please proceed thank you sir chairman and board members the comprehensive
plan recommends a change in zoning at this location from commercial area one to commercial
Area 2. Assembly and entertainment is what a reasonable person would expect to find in a
shopping center, and it matches the character of the block. The City Planning Commission recommends
that the board grant the proposed use variance for assembly and entertainment. Thank you.
Councilwoman, we're trying to, it's only going to be for the one property,
It's only going to be for the one property, so this would be 59, am I right?
so this would be 59, am I right? Did I see that?
Did I see that?
98.59?
That's correct.
So MI 2022, 004-553, 98.55 to 89 Busselton Avenue.
I vote yes.
With proviso, limited to 98.59 and commercial trash pickup.
Thank you.
James Snell, my vote is yes.
Kishmur Shaheed, my vote is yes.
Thank you, counsel. You have your votes.
Thank you, sir.
Okay, number nine, MI 2023-006-338-5178 Parkside Avenue.
Tameka McCoy is the attorney.
Recommendation of support from the Parkside Association of Philadelphia.
Vote was unanimous.
they're coming back in as a panel of that okay
good morning counsel thank you good morning good morning could you state your name please
and spell for the court stenographer yes tamika mccoy mc capital k o y right you swear or firm
to tell the truth the whole truth nothing but the truth yes could you identify your client
the relationship to the property yes uh the client is both the centennial village who's represented
by troy hannigan and david lafontaine and the tenant in the property uh is darlene jones
our our vice chair has just a few questions
good morning counsel do you agree to weigh the reading of the refusal or stipulate to