civus
Hearing video

ZBA Hearing - May 15, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 15, 20245h 20m

will be used on the first and second floor, sinks, tables, ovens, warmers, mixers. We have our tax

Similar wording

indication paid up to date. This is a zoning map

Similar wording

indicating this is a CMX1 usage across the street.

Similar wording

It's also a store. This is a deed indicating

Similar wording

my client just purchased the property last year.

Similar wording

Notices of mailing to 193 neighbors

Similar wording

all over the neighborhood.

Similar wording

So we're asking that this bakery use

Similar wording

come into play for this neighborhood.

Similar wording

It's a real shot in the arm.

Similar wording

The neighbors really are excited about it,

Similar wording

especially the near neighbors are very excited

Similar wording

are very excited that they can walk and grab a bagel in the morning, coffee, tea, and other

Similar wording

that they can walk and grab a bagel in the morning.

Similar wording

goodies in the morning. The use is consistent with the retail use. It's been there in the past.

Similar wording

It's a vacant building. It's been vacant for a year or so. There's no increase in the size of

Similar wording

the building or the dimensions or the height. We're not detrimental to any adjacent property.

Similar wording

We're not affecting light and air. We're in harmony with the code and we're in harmony with

Similar wording

the wishes of the neighborhood. And with that, Mr. Chairman, I'll conclude

Similar wording

the presentation and ask my client to unmute herself

Similar wording

to adopt the testimony.

Similar wording

Ms. Sarana, can you unmute yourself?

Similar wording

Ms. Sarana is allowed to speak.

Similar wording

Good morning. Could you please state your name? It's spelled for the court stenographer.

Similar wording

Yes, sir. It's Bonnie Sarana, B-O-N-N-I-E

Similar wording

last name s-a-r-a-n-a right do you swear or affirm to tell the truth the whole truth nothing but the

Similar wording

truth i do please proceed counsel uh mr anna were you on the call when i uh just presented your

Similar wording

project yes uh and the one thing i forgot to mention were your hours of operation which will

Similar wording

be 8 a.m to 8 p.m seven days a week correct correct and if you had the opportunity to testify

Similar wording

Why would you adopt my testimony as your own and as true and correct?

Similar wording

I would.

Similar wording

Thank you very much, Mr.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Mr. Clinton, just a quick question.

Similar wording

Ms. Serrana is part of the LLC that owns the property.

Similar wording

Is that correct?

Similar wording

Yes, yes, exactly.

Similar wording

Thank you.

Similar wording

First two letters, BS, are her initials, and the second two letters are her husband's initials.

Similar wording

Questions or comments from the virtual audience?

Similar wording

There are no hands, Chair.

Similar wording

Planning Commission.

Similar wording

Oh, sorry, Chair.

Similar wording

Okay.

Similar wording

Wait a minute.

Similar wording

If there was a person with the hand up named Rachel, there she is.

Similar wording

I will allow to speak.

Similar wording

Morning.

Similar wording

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

Similar wording

Hi, my name is Rachel Street, R-A-C-H-E-L, last name Street, S-T-R-E-E-T.

Similar wording

Do you swear or affirm the whole truth and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Are you a neighbor?

Similar wording

I'm a neighbor of Bonnie in her current location.

Similar wording

I'm actually on the call for another property, but I wanted to just voice that Bonnie is an excellent neighbor in East Pass, Yonk, where she has her business currently.

Similar wording

All right, thank you.

Similar wording

Thank you very much for getting on the phone.

Similar wording

We appreciate it.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

There are no hands.

Similar wording

Planning Commission.

Similar wording

Hello, Amy Boyd, City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the residential and commercial mixed-use zoning at this location.

Similar wording

The proposed use is consistent with documented prior use of this property as commercial.

Similar wording

The City Planning Commission recommends that the board grant the variance for a sit-down restaurant.

Similar wording

Thank you.

Similar wording

M-I-2023-007-173-2943, Master Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Number three, MI-2023-007-154-4428 Howell Street.

Similar wording

Zen Jin is the attorney.

Similar wording

There's a letter of non-opposition from Wissan-Oming Civic Association.

Similar wording

Zen Jin has been promoted.

Similar wording

Good morning, counsel.

Similar wording

Mr. Jin.

Similar wording

Good morning, counsel.

Similar wording

Good morning.

Similar wording

Could you please state your name

Similar wording

and spell for the court stenographer?

Similar wording

Yes, my name is Zen Jin, Z-H-E-N,

Similar wording

last name J-I-N, 1617 John F. Kennedy Boulevard,

Similar wording

Suite 1838, Philadelphia EPA 19103,

Similar wording

here on behalf of the applicant.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client and relationship to this property?

Similar wording

Yes, my client is Mustafa Al-Kim. He is the owner of the property.

Similar wording

Okay, and our vice chair has just a few questions for you, sir.

Similar wording

Good morning, counsel. Do you agree to read another refusal or stipulate to his accuracy?

Similar wording

I do.

Similar wording

I do.

Similar wording

have you emailed in all the required documents

Similar wording

Have you e-mailed in all the required documents and exhibits that is needed to

Similar wording

and exhibits that is needed

Similar wording

proceed with this case five days in advance of this hearing?

Similar wording

We have e-mailed the documentation.

Similar wording

Unfortunately, it was e-mailed just recently because of a delay getting the RCO letter,

Similar wording

but all the required exhibits are submitted.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

I'm going to share with the board the documentation that was submitted in support of this application.

Similar wording

Can the board see my exhibit on the screen?

Similar wording

We can.

Similar wording

Thank you.

Similar wording

So this is an application for a essentially legalization of some existing conditions based on a single family dwelling constructed on the site.

Similar wording

The building itself was basically built based on an original structure that was on the site and therefore was not in conformity with the required setbacks for side and rear yard.

Similar wording

In addition, there's a chain link fence that was placed around the property, the front of which was five foot high, and instead of four feet, that which is required, and that was an additional refusal.

Similar wording

To better understand what is here, this is the property.

Similar wording

Again, it's a single family house.

Similar wording

This is the actual house in question.

Similar wording

This is the neighboring property.

Similar wording

As you can see, the front setback is not unusual for this block.

Similar wording

What we have here is a chain link fence that's essentially open.

Similar wording

So even though it is five foot, it is not actually blocking any views.

Similar wording

The side yard setback and rear setback, we cannot really do anything about.

Similar wording

The house was built this way.

Similar wording

This portion, even though it's renovated and changed, existed for a long period of time.

Similar wording

So the setback for the rear yard and side yard were pre-existing conditions and very

Similar wording

similar to other setbacks on the block, which is why the neighborhood actually gave us their support

Similar wording

or non-opposition was unanimous vote in non-opposition for this application. From the

Similar wording

layout standpoint, just to let the board see better what the building structure looks like.

Similar wording

So this is the building sitting on the site with the driveway and existing curb cut. This is the

Similar wording

actual structure itself, which is more modern design. And again, the interior layout is a

Similar wording

single-family dwelling. So given the existing conditions, we would ask the board's favorable

Similar wording

review of our request for these dimensional variances. And I'm happy to, again, answer any

Similar wording

questions or direct any portion of this exhibit as needed. Counsel, why don't you bring on your

Similar wording

client to adopt your testimony. Sure. Mustafa, can you please raise your hand virtually to be

Similar wording

identified? Mustafa has been allowed to speak. Yes, how are you doing? Good morning, sir. Could

Similar wording

you state your name and spell for the course stenographer? Mustafa Elkayim, M-O-S-T-A-F-A,

Similar wording

Last name is E-L space K-H-I-A-M.

Similar wording

You swear or affirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Thank you.

Similar wording

Mustafa, can you confirm that you heard my testimony and saw the presentation I gave to the zoning board?

Similar wording

Yes, correct.

Similar wording

Can you verify that everything I've represented is true and correct and adopt my testimony as your own?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

counsel uh your client purchased this property like in this condition yes my client actually

Similar wording

purchased the property about uh two years a year a year ago a year and a half ago um the property

Similar wording

is undergoing um you know violation case still because of the condition it's in but it was

Similar wording

already built out the way it is when he purchased it thank you very much questions thank you no

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I've seen no hands.

Similar wording

Planning Commission.

Similar wording

Good afternoon.

Similar wording

Amy Boyd with the City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the existing single-family residential zoning at this location.

Similar wording

the current um use is consistent with documented prior use and therefore the city planning

Similar wording

commission recommends that the board grant the variance for fence height and rear yard

Similar wording

yeah thank you mi 2023 007 154 4428 howl street i vote yes thomas holliman my vote is yes

Similar wording

King Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Number five, MI 2023-007-021-3962 Paris Street.

Similar wording

Number five, MI 2023-007-021.

Similar wording

Meredith Ferliger is the attorney.

Similar wording

There's a recommendation of support from the Mantua Civic Association.

Similar wording

Vote was eight in support, one in non-opposition.

Similar wording

Liz Ferliger has been promoted.

Similar wording

Good morning, counsel.

Similar wording

Good morning, Mr. Chairman.

Similar wording

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

Similar wording

Sure. Meredith Ferliger, F-E-R-L-E-G-E-R.

Similar wording

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

Similar wording

I do.

Similar wording

Do you identify your client and the relationship to this property?

Similar wording

Sure. My client is Mascoff, LLC, which is the owner of the property.

Similar wording

Vice Chair has just a few questions.

Similar wording

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

Similar wording

accuracy i do yes have you emailed in all the required documents and exhibits that is needed

Similar wording

to proceed with this case five days in advance of this hearing i did thank you counsel please

Similar wording

proceed and share your screen sure thing again mr chairman good morning members of the board my name

Similar wording

is meredith ferliger with delworth paxton my client today is mask off llc which is the owner of the

Similar wording

property, and that LLC, the sole member, is represented here today by Serge Mazlenikov.

Similar wording

The request before the board today concerns one property in Mantua, which is located at

Similar wording

3962 Parrish Street.

Similar wording

As you noted, Mr. Chairman, this proposal did receive support from the Mantua Civic

Similar wording

Association, and I did include that letter of support in your packet at tab 14.

Similar wording

Let me first orient you to the location of this property. As always, the deed to the property

Similar wording

which was purchased at Sheriff's Sale and a tax clearance are included at Exhibit 2 and 3.

Similar wording

As you can see on the aerials up on the screen here at Exhibit 8, this property sits on Parrish

Similar wording

Street, just east of North 40th Street in Mantua, West Philadelphia. From these aerials,

Similar wording

although it's a little hard to tell with the trees, the board will notice this particularly

Similar wording

unique nature of this block of Parrish Street. This property and all of the properties

Similar wording

immediately adjacent fronting on Parrish Street are vacant, extending all the way down to Union

Similar wording