on the sidewalks than nearby.
So with that, I rest.
MI 2023-002-232-5162 D Street, I vote yes with proviso commercial trash pickup.
Thomas Holloman, my vote is yes with proviso.
James Snell.
My vote is yes, with proviso.
Ishmael Shaheen, my vote is yes, with proviso.
Thank you.
Thank you, counsel.
Number 16, MI 2023-006342, 2026 South 3rd Street.
Joseph Consul is the attorney.
There's a letter of non-opposition from Penn Sports Civic Association,
a letter of non-opposition from council member's school.
Good morning.
Good morning, Mr. Consul. Could you state your name and spell for the court stenographer?
Yes, it's Joseph Consul. That's J-O-S-E-P-H. Last name's Consul, C-O-N-S-O-L-E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to the property?
Yeah, my client is Jason Kluska. He's the owner of the LLC that owns the building as of November,
which is sb524133 llc our vice chair has a few questions sir good morning council do you agree
to weigh the reading of the refusal or stipulate to its accuracy i do 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 please proceed and share your screen okay
All right. That should be in my packet. This property has, as far back as I can see in the zoning records, been a cafe, bar, or restaurant along the first floor and residential along the top floor.
That's going back as far as 1950. The most recent iteration of this was Cookies Bar. Cookies Bar is no longer there. This is a photo showing this is the photo that the city has in their records showing the for sale sign.
The property was sold in November of 2023. The new owner has been working towards rehabilitating the property and making it into a what's going to be a nicer sort of cafe that serves breakfast and lunch and early dinner.
their intent is to close around 8 p.m. This photo gives you an idea of where they're at in the
demolition or not the demolition process the rehabilitation process you can see in Atlas
they have approved permits for the work that they're doing and their goal as I mentioned is
And their goal, as I mentioned, is to rehabilitate both the living space as well as the restaurant and make it into a nice spot for the neighborhood to eat and for a family to live.
to rehabilitate both the
We have a refusal because it's RSA 5 sit-down restaurant is expressly prohibited in the RSA 5 zoning district.
So we need an approval to continue using the property as it, as far as we can tell, has always been used.
That's another photo shown in the poster.
We submitted building plans that are part of the city's records in terms of the rehabilitation work that's being performed.
You can see the top floor is two bedrooms.
That's the unit.
sorry there's the unit second floor and the first floor is the restaurant space
the atlas zoning history here's something from 1987 that clearly shows a bar and an apartment
going back into the 50s there's items that mention you know fixing the front steps and
this and that and it appears to be for a cafe but this is the first instance where you can
see in the record that it was approved for a bar and a department.
We included the deed, showing it going to SB 5-2.
Here's the mailers from the RCO and the tax balance showing money only due for 2024.
My client is working to get the clearance certificate, but he's paid up, I think, because
he just bought it in November.
He's having some issues getting the certificate, but we're working on it and we will have
that um past that as the board mentioned we um have a letter of non-opposition from both the rco
and the zba i mean and um and councilman squilla pardon me and we're hoping that the board
sees fit to approve this variance request with that i'll call my client jason klosko
they've been enough to speak hello morning sir good morning could you please state your name
and spell for the court stenographer hi good morning sir my name is jason klauska j-a-s-o-n
k-l-u-s-k-a do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes sir please proceed counsel good morning mr klauska did you hear my presentation just now
about your property at 2026 South 3rd?
Good morning.
Yes, I did.
Do you adopt it as your own?
Yes, I do.
All right.
Nothing further.
Mr. Consul, you say the taxes are paid?
Yeah, Mr. Consul, could you speak to that?
I see you're paid up a balance for 2024,
but that's not late yet, just showing up on the thing.
I don't know if you have anything to add, Jason,
but okay questions questions from the board no mr chairman no chair no chair
questions or comments from our attorney ryan mcshary no chair questions or comments from
the virtual audience i do not see any further hands mr chair planning commission thank you
Chair Bergman, and good morning, David Fecto, City Planning Commission. Chairman and board
members, the comprehensive plan recommends no change to the residential single-family zoning
at this location. This property has a documented history as apartments with a ground floor bar.
The building could not easily be converted into a single-family dwelling. The City Planning
Commission recommends the board grant their proposed use variants for a sit-down restaurant.
Thank you. MI 2023-006-342-2026 South 3rd Street, I vote yes.
Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you. Thank you.
Number 18, MI 2023-006-341-1300 Warfield Street, Vernon Anastasio is the attorney.
letter of support from the Grace Ferry Community Council.
They're coming back in as a panelist.
Could you just state your name for the record for this case, please?
You've already been sworn.
Good morning, Mr. Chair, members of the board,
verne anastasio uh representing mr mahari gabriel salis our vice
Uh, representing Mr. Mahari, the Gabriel Seles.
Our vice chair has just a few questions. Thank you.
Good morning, counsel. Do you agree to wait the reading of the refusal or stipulate to the accuracy?
Yes, sir.
I've emailed them all the required documents and exhibits that is needed to proceed with this case.
Five days in advance of this hearing.
Thank you, counsel. Please proceed.
Thank you.
uh mr chair members of the board 1300 warfield uh is for uh an addition
second story addition uh to an existing structure the size and location is shown
on the plans and this is what we're working with it's already a one-story dwell one-story property
that takes up a very unusual lot right here on Warfield.
The building itself is 100% covering the lot already.
Right there is, as you can see, it's an old.
Last was a Ruth's Express Cafe, and it took up the entire parcel.
That's the rear.
There's just some small outdoor space in the back.
that will be used for trash but the lot itself is overwhelmingly built out to the point where
in order to do this we need to get a variance because of open area
the minimum rear yard is nine feet and we have really none that's provided that back space is
not actually part of the rear yard. And then because of the dimensions and the way the property
is set, and then the occupied area, of course, we're not going to meet that as well. So because
it's pre-existing non-conforming dimensional use, and because the neighbors overwhelmingly support
the reuse of the property as a cafe and a restaurant, we respectfully request the granting
of this variant. And with that, we'd like to have Mr. Mahari Ghebrellasaliz, please raise his virtual hand.
I've been allowed to speak. Good morning, sir. Could you please state your name
and spell for the court stenographer? Yes, my name is Mahari Ghebrellasaliz,
and M-E-H-A-R-I, last name is G-E-B-R-E-S-E-L-A-S-S-I-E.
Proceed, counsel.
Thank you.
I'm sorry.
Do you swear or affirm the tall truth, tall truth?
Nothing but the truth.
Please proceed, counsel.
Thank you, Mr. Chair.
Mr. Gabriela Lasse, did you hear my presentation to the board today?
Is it true and accurate to the best of your knowledge?
Do you adopt it as your own testimony?
I have nothing further, Mr. Chair.
Questions from the Board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from our attorney?
No, Mr. Chairman.
Questions or comments from the virtual audience?
I do not see any further hands, Mr. Chair.
Planning Commission.
Thank you, Chair Bergman, and good morning.
David Fecto with the City Planning Commission. Chairman and board members, the comprehensive plan
recommends no change to the commercial mixed-use zoning at this location. The appellant seeks
relief for not providing a rear yard and for providing an open area of only 10%, while 20%
is required. Both dimensional variances result from an existing site condition and have not been
created by the owner. The appellant has shown an economic detriment would occur if forced to
comply with the dimensional requirements of the zoning district the city planning commission
recommends the board grant or post dimensional variances for rear yard depth and occupied area
thank you mi 2023 006 341 1300 warfield street i vote yes thomas thalman my vote is yes
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you all.
Thank you, thank you.
Is there anyone in the virtual audience who their case starting at 930 has not been called?
There are no hands raised, Mr. Chair.
Thanks, everyone.
See everyone at 2 p.m.
All right.
Thank you, Chair.
You too.
Great job, everyone.
Great job, everyone.
Good afternoon, everyone.
My name is Bill Bergman.
I will be chairing this afternoon ZBA hearing.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, Thomas Holloman.
Present, Mr. Chairman.
And our Board Member, James Snell.
Present, Mr. Chairman.
Also present is Ryan McSherry, our attorney, and our executive director, Tanya Sunkett.
Here's a virtual format.
Be advised the proceedings are being recorded.
A video will be available by contacting tanyasunkett at phil.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 9 to raise your hand and star 6 to unmute.
To an appearance statement, call 267-270-5548.
Leave your email and the address of the property in question.
And finally, the question and answer box on the screen is now for comments or testimony.
All comments should be directed to our Executive Director, Tanya Sunkett.
Let's look at our schedule for this afternoon.
Number five, MI 2024-000162-4346-48 Grissom Street. That case is continued.
Number nine, MI 2024-00314-9745R, East Roosevelt Boulevard, this case has been continued.
Are there any other requests for continuance?
Chair, we have Vern Anastasio.
Good afternoon, Mr. Chair.
Good afternoon, Vern.
You've already been sworn.
What case are you looking at?
I hopped on maybe a little late, but I just want to make sure that you had heard my request for 6930 Ardley Street.
what number is that
oh i see okay okay uh i have to listen yes okay we'll continue that thank you
thank you i appreciate it mi2023 002 750 6930 ardley street that case is continued
thank you any other requests any other requests for continuances
no handshare okay thank you and number two mi 2023-003-244-5558
crowson street this is the third listing we have no exhibits
um delicit owners andrew yes jason yeah i'm sorry to interrupt you sir