civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

court sonographer? My name is

Similar wording

Natalie Ramos,

Similar wording

N-A-T-A-L-Y

Similar wording

Ramos, R-A-M-O-S.

Similar wording

all right do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

i swear all right so we don't have the exhibits and we believe you may need an attorney

Similar wording

that we need an attorney you may need ramos sorry miss ramos are are you affiliated with

Similar wording

a and j trinidad tires llc yes i'm the um owner wife but um we're waiting for someone um that

Similar wording

was going to handle this but she haven't traveled to get into the meeting i don't know if you can

Similar wording

leave this case for the last ma'am we did not receive any exhibit so we cannot move forward

Similar wording

with this case and because the property is owned in the name of an llc only an attorney can present

Similar wording

this case to the board oh i understand so um so um can um can they postpone it but we um we don't

Similar wording

wanted to be so far

Similar wording

so we can get an eternity and

Similar wording

proceed.

Similar wording

Ma'am, please.

Similar wording

Go ahead, Chair. We're going to continue

Similar wording

this, and what you could do is call

Similar wording

the office and talk to the office

Similar wording

and just see

Similar wording

where you stand and when this will come back.

Similar wording

Okay?

Similar wording

MI 2023-006-343-

Similar wording

9901-9901

Similar wording

Franklin Avenue. This case is

Similar wording

continued. Number

Similar wording

three mi 2022 006 737 619 north 39th street spin moon llc is the owner

Similar wording

i do not see any hands for that matter mr chair so mi 2022 006 737 619 north 39th street

Similar wording

This is the third listing. I vote to dismiss.

Similar wording

Thomas Holloman, my vote is to dismiss.

Similar wording

James Snell, my vote is to dismiss.

Similar wording

Dishabh Yashid, my vote is to dismiss.

Similar wording

Thank you.

Similar wording

So, number six, MI 2023, 002-181-362 Claremont Road.

Similar wording

Marcus Belcher is the owner applicant.

Similar wording

There's no exhibits. This is the second listing.

Similar wording

Once again, Mr. Chair, there are no hands for that matter raised.

Similar wording

So MI 2023, 002, 181, 362 Claremont Road.

Similar wording

Case is continued. Mark must be heard.

Similar wording

So, number 12, MI2023, 000507, 2172 East 1st Street, no exhibits, third listing.

Similar wording

Corey Valby

Similar wording

They've been about to speak

Similar wording

Hello can you hear me

Similar wording

Yes we can

Similar wording

Could you please state your name and spell for the court stenographer

Similar wording

Sure this is Corey Bolby

Similar wording

That's C-O-R-E-Y

Similar wording

Last name Bolby

Similar wording

B-O-W-L-B-Y

Similar wording

You swear for him to tell the truth

Similar wording

The whole truth and nothing but the truth

Similar wording

Yes I do

Similar wording

We do not have your exhibits

Similar wording

so i i had sent in the oh is that hillary i was gonna say yes but i'm just sorry mr chair just

Similar wording

after i sent you the summaries we received the exhibits late last night they were incomplete

Similar wording

and i i let mr bulby know that that um you know they were late and and also incomplete and so

Similar wording

unfortunately we cannot proceed today so i yeah i sent them a few months ago and

Similar wording

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.

Similar wording

And.

Similar wording

And I understand, Hilary said, however, that the RCO information was missing.

Similar wording

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.

Similar wording

and evidences um so i believe that that's the only thing that's missing at this time

Similar wording

unless you were able to mr yeah mr bolby you're you're the tax clearance you need an updated tax

Similar wording

clearance and you did submit the photos but you only submitted them this morning so there was not

Similar wording

time to review them so those are the other the other things that need to be resolved so so mr

Similar wording

mr bolby what i'm going to do is i'm going to continue this case and it must be heard the next

Similar wording

time. So MI 2023, 000507, 2172 East 1st Street. Cases continued. Mark, must be heard.

Similar wording

Okay. Thank you.

Similar wording

Thank you. And number seven,

Similar wording

MI 2022, 006736, 2129 Pine. This case has been withdrawn.

Similar wording

let's go to our

Similar wording

our add-on

Similar wording

thesis

Similar wording

number one

Similar wording

MI 2023

Similar wording

006162

Similar wording

1954

Similar wording

Patterson Avenue

Similar wording

I vote yes

Similar wording

Thomas Holloman

Similar wording

my vote is yes

Similar wording

James Snell

Similar wording

my vote is yes

Similar wording

Ismail Shahid my vote is yes

Similar wording

Thank you. So, number two, MI 2023-005-930-9456 Woodridge Road, I vote yes.

Similar wording

Thomas Holloman, my vote is yes. James Snell, my vote is yes.

Similar wording

Ismail Shahid, my vote is yes.

Similar wording

Number three, MI 2023-005-139, 626-30 North Delaware Avenue.

Similar wording

The vote in this matter is being rescheduled to Wednesday, April 3rd, 2024, at 9.30 a.m.

Similar wording

We'll go to our regular list.

Similar wording

So, number one, MI 2022-004-553-9855-89 Busselton Avenue.

Similar wording

Bernard Anastasio is the attorney.

Similar wording

There was a meeting held by the Greater Busselton Civic Association on 425-23.

Similar wording

Is counsel here?

Similar wording

Thank you.

Similar wording

Good morning, Mr. Chair.

Similar wording

Good morning.

Similar wording

Could you please, just for the record, state your name and spell for the Quartz Linography?

Similar wording

Yes.

Similar wording

Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Gregory Kloos.

Similar wording

All right.

Similar wording

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

Similar wording

I do.

Similar wording

Our vice chair has just a few questions, sir.

Similar wording

Thank you.

Similar wording

Good morning, counsel.

Similar wording

Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

Similar wording

I do.

Similar wording

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?

Similar wording

I have.

Similar wording

Thank you, counsel.

Similar wording

Please proceed.

Similar wording

Thank you.

Similar wording

Mr. Chair, we're here for 9859 Busselton Avenue.

Similar wording

And the application is for an event space.

Similar wording

The property is located in Northeast Philadelphia Shopping Mall, Plaza, across the street from President and Morrell Streets in the Presidential Plaza Shopping Center.

Similar wording

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.

Similar wording

And that's why we're here today.

Similar wording

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.

Similar wording

uh it's in a as i said a strip mall uh and this is the interior layout my client actually signed

Similar wording

It's in a, as I said, a strip mall.

Similar wording

the lease uh and began to occupy it unaware of the overlay uh and as a result when that that was

Similar wording

made uh notice to him he decided to go this route and asked me to to legalize the pre-existing use

Similar wording

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.

Similar wording

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.

Similar wording

They've been operating without incident.

Similar wording

And here's the additional interior layouts and photos.

Similar wording

As I said, my client did, in fact, meet with the RCO.

Similar wording

And here's proof of mailing.

Similar wording

there's the proof of mailing and there's the proof of posting and we have the lease that

Similar wording

shows that uh the my client's term ends in 2026 so if if this board uh is inclined to grant

Similar wording

this variance uh based on the pure fact that the man saw that saw the zoning classification

Similar wording

signed a lease, has been paying rent, has been operating thinking that it was compliant,

Similar wording

only to find out that the existence of a relatively small overlay prevents the use

Similar wording

without getting this relief. Perhaps, if not a full variance, then at least one that would

Similar wording

sunset with the termination of his lease in 2026. So with that, I'm going to ask my client,

Similar wording

Gregory Kloos to raise his virtual hand.

Similar wording

I've been about to speak.

Similar wording

Thank you.

Similar wording

Hello, my name is Gregory Kloos.

Similar wording

Hi, could you please spell your name for the court stenographer?

Similar wording

Gregory, G-R-E-G-O-R-Y, Kloos, C-L-E-U-S.

Similar wording

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

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Thank you.

Similar wording

Thank you. Gregory, did you hear my presentation to the board this morning?

Similar wording

Yes, I did.

Similar wording

Is it true and accurate to the best of your knowledge?

Similar wording

Yes.

Similar wording

Do you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

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?

Similar wording

Yes.

Similar wording

Okay, very well. I have nothing further.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

This is Ryan McSherry, yes.

Similar wording

No questions or comments, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Mr. Chair, I had a hand up, but okay, the hand's gone up. I have Jack O'Hara with the hand raised.

Similar wording

Okay. Good morning, Mr. O'Hara.

Similar wording

I'm sorry, Mr. Chair, if I put it down, you can proceed.

Similar wording

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.

Similar wording

planning commission thank you chair bergman and good morning david fecto f-e-c-t-e-a-u with the

Similar wording

city planning commission you swear affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes sir i do please proceed thank you sir chairman and board members the comprehensive

Similar wording

plan recommends a change in zoning at this location from commercial area one to commercial

Similar wording

Area 2. Assembly and entertainment is what a reasonable person would expect to find in a

Similar wording

shopping center, and it matches the character of the block. The City Planning Commission recommends

Similar wording

that the board grant the proposed use variance for assembly and entertainment. Thank you.

Similar wording

Councilwoman, we're trying to, it's only going to be for the one property,

Similar wording

It's only going to be for the one property, so this would be 59, am I right?

Similar wording

so this would be 59, am I right? Did I see that?

Similar wording

Did I see that?

Similar wording

98.59?

Similar wording

That's correct.

Similar wording

Okay.

Similar wording

So MI 2022, 004-553, 98.55 to 89 Busselton Avenue.

Similar wording

I vote yes.

Similar wording

With proviso, limited to 98.59 and commercial trash pickup.

Similar wording

Thank you.

Similar wording

James Snell, my vote is yes.

Similar wording

Kishmur Shaheed, my vote is yes.

Similar wording

Thank you, counsel. You have your votes.

Similar wording

Thank you, sir.

Similar wording

Okay, number nine, MI 2023-006-338-5178 Parkside Avenue.

Similar wording

Tameka McCoy is the attorney.

Similar wording

Recommendation of support from the Parkside Association of Philadelphia.

Similar wording

Vote was unanimous.

Similar wording

they're coming back in as a panel of that okay

Similar wording

good morning counsel thank you good morning good morning could you state your name please

Similar wording

and spell for the court stenographer yes tamika mccoy mc capital k o y right you swear or firm

Similar wording

to tell the truth the whole truth nothing but the truth yes could you identify your client

Similar wording

the relationship to the property yes uh the client is both the centennial village who's represented

Similar wording

by troy hannigan and david lafontaine and the tenant in the property uh is darlene jones

Similar wording

our our vice chair has just a few questions

Similar wording

good morning counsel do you agree to weigh the reading of the refusal or stipulate to

Similar wording