civus
Hearing video

ZBA Hearing - February 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 17, 20215h 2m

thank you pauline good morning everyone my name is frank yeah i'm so sorry but this is the time

Similar wording

when we wait oh okay as soon as we go live we're letting everybody come into the virtual world

Similar wording

thank you very kindly thank you

Similar wording

i'm sorry i didn't say good morning to everyone good morning everyone

Similar wording

good morning good morning good morning good morning good morning tanya

Similar wording

big old jason with that voice yep and you with yours the problem

Similar wording

good morning don't get jealous confessor

Similar wording

okay chair we got about 50 people that came in we're ready to start

Similar wording

thank you good morning again good morning everyone my name is frank duchico i'm the

Similar wording

chair of the zoning board of adjustment i'll be participating in today's hearing along with our

Similar wording

vice chair miss carol tenere board secretary confessor plaza and board member mr thomas

Similar wording

Holloman. Board Administrator Fatina L. and our Board Attorney Sharon Saleta are also in attendance.

Similar wording

For those of you who haven't yet participated in one of our virtual hearings,

Similar wording

we're getting some feedback. Somebody have a radio or a television on? If you can mute yourself,

Similar wording

that would be helpful. For those of you who haven't yet participated in one of our virtual hearings,

Similar wording

I'll go through some of the basics of what you can expect.

Similar wording

Do you hear that echo? It's my voice echoing.

Similar wording

I was just going to ask, Ms. Tenere, if you would try unmuting.

Similar wording

Yes, I muted. I'm sorry. I muted Carol. It was coming from Carol, I believe.

Similar wording

All right. Thank you. For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

Similar wording

First, we will be administering oaths to individual participants prior to their testimony.

Similar wording

Second, we'd like to advise everyone that this proceeding is being recorded

Similar wording

and that by participating, you acknowledge your agreement to be recorded.

Similar wording

And this recording will be available to the public on the web or otherwise.

Similar wording

For anyone participating by phone, if you wish to testify,

Similar wording

you must raise your hand by hitting star nine and then star six to unmute yourself.

Similar wording

I'll repeat.

Similar wording

For anyone participating by phone, if you wish to testify,

Similar wording

you must raise your hand by hitting star nine and then star six to unmute yourself.

Similar wording

Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address

Similar wording

and the address of the property at issue. I will repeat. To enter an appearance statement,

Similar wording

call google 267-270-5548 and leave your email address and the address of the property at issue

Similar wording

I would also like to remind everyone to please do not attempt to testify in the chat

Similar wording

any comments should be directed to our board administrator Fatina

Similar wording

with that i will begin by reading the list of continuances and or withdrawals that have already

Similar wording

been requested mi 2020 that's zero zero two four eight three one four three one that's three three

Similar wording

north 20th street is continued am i

Similar wording

frank you muted yourself

Similar wording

sorry about that did uh i don't do you get the first continuance yes we did all right second

Similar wording

continuance uh where we the board are apply uh are suggesting this case be continued because the

Similar wording

exhibits that were not received until 9 30 p.m last night so that'll be for MI 2020-002-490

Similar wording

2637 East Clearfield Street will be continued excuse me MI 2020-001-284-2815 Grays Ferry

Similar wording

Avenue is continued MI 2020-001-239-2815 Grays Ferry Avenue is also continued um I think I read

Similar wording

let's just make sure I didn't leave anything out okay is there anyone who disagrees with

Similar wording

any of those continuances if so please raise your hand at this time

Similar wording

I see no handshare. Thank you. Is there anyone at this time who would like to request a continuance

Similar wording

I see no handshare.

Similar wording

or withdrawal? If so, please raise your hand. Okay, we have Andrew Goodman. Mr. Goodman,

Similar wording

I have unmuted you. Please wait for the chair. Good morning, Mr. Goodman. Please identify

Similar wording

yourself of the record and we'll swear you in. Good morning. Andrew Goodman, G-O-O-D-M-A-N,

Similar wording

representing the Office of Third District Council Member Jamie Gaudier. Thank you. Swear and affirm

Similar wording

to tell the truth, the whole truth, nothing but the truth? Yes, I do. Thank you. Please proceed.

Similar wording

Our office is requesting continuances for applications at 5319 and 5320 Angora Terrace.

Similar wording

We have no record of any RCO meeting taking place.

Similar wording

Any objection to the request with continuance for 5319 and 5320 Angora Terrace?

Similar wording

Excuse me, this is Sharon Saleta.

Similar wording

We also have no exhibits for those cases.

Similar wording

This is the first listing.

Similar wording

First listing. Okay. MI 2020-002-474-5319 Angora Terrace and MI 2020-002-475-5320 Angora Terrace.

Similar wording

Those cases will be continued. Thank you, Mr. Goodman.

Similar wording

Any other requests for continuances or withdrawals?

Similar wording

Chair, we have Sloan Foulkes. Mr. Foulkes, you've been unmuted. Please wait for the chair.

Similar wording

Good morning, Mr. Foulkes. Please identify yourself, and I'll swear you in.

Similar wording

Good morning, Chairman DiCicco, ZBA Board. My name is Sloan Foulkes, S-L-O-A-N-E, F-S-N-F-I-R, O-L-K-S.

Similar wording

Office of Council 1, Maria Kiela-Sanchez, room fires your way to the hall.

Similar wording

We're going to affirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Our office will request a continuance for the meeting number MI-2020-000739-3857 North Fairhill Street, as they have not met with a coordinating RCO.

Similar wording

This is Sharon Saleta. We have no exhibits for that case, and this is the third listing.

Similar wording

Third listing? Okay. MI-2020-000739.

Similar wording

3857 North Fairville my vote is to dismiss. My vote is to dismiss. Dismiss.

Similar wording

Thank you Mr. Folks thank you. Anyone else? Continuance or withdrawal please raise your hand.

Similar wording

Mr. Chair on 14 and 15 no exhibits first listing we continued it. Are they both must be heard?

Similar wording

I mean we normally don't do that on the first or the second.

Similar wording

We were doing that initially but it's your call. All right why don't we go back to those two cases

Similar wording

MI 2020-002-474-5319, Angora Terrace, and MI 2020-002475, 5320, Angora Terrace.

Similar wording

Those cases are continued, must be heard.

Similar wording

Thank you, Carol.

Similar wording

Sure, thank you.

Similar wording

Any other requests for continuances or withdrawals?

Similar wording

here we have one sir you may unmute yourself with your hand up

Similar wording

okay yes hi my name is jacob dome i applied for the 2637 east clearfield street

Similar wording

please spell your first and last name j-a-k-u-p-d-o-m-i do you swear and affirm to tell

Similar wording

the truth the whole truth nothing but the truth yes i do please proceed we're continuing that

Similar wording

case sir because we didn't get the exhibits until 9 30 last night yeah it's totally my fault because

Similar wording

i i missed that uh second page i thought i was going to represent everything myself here but

Similar wording

i missed the second page where it says there had to be five days before the hearing yeah there was

Similar wording

okay but that case will be continued yes thank you anyone else

Similar wording

i see no other hands here thank you carol i believe we begin with case number two

Similar wording

okay calendar number 2489 15501 busselton avenue the attorney is steve bertill

Similar wording

15501 Busselton Avenue.

Similar wording

The attorney is Steve Bertil.

Similar wording

And there's a letter of non-opposition

Similar wording

from Council Member Brian O'Neill.

Similar wording

Yes.

Similar wording

This is Sharon Saleta.

Similar wording

I didn't mention in the summary

Similar wording

that it's with the proviso requested by the RCO.

Similar wording

However, I don't have the RCO letter,

Similar wording

so I don't know what the requested proviso is.

Similar wording

All right, well, here's the testimony.

Similar wording

Maybe you'll provide us with that information.

Similar wording

Morning.

Similar wording

Good morning, Mr. Bertil. Please put your name and address on the record and spell your last name.

Similar wording

Steve Bertil, B-E-R-T-I-L, H-Claire Harrison, Harvey Brandsburg, 1835 Market Street, Suite 1400,

Similar wording

Luffield, PA 19103.

Similar wording

Thank you. And do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Have you emailed the exhibit packet with the required documents, proof of ownership, tax

Similar wording

compliance, refusal or referral, photos and or plans of the property five days in advance

Similar wording

of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, to all of the above.

Similar wording

Thank you.

Similar wording

You may proceed.

Similar wording

Thank you.

Similar wording

The letter, we received the letter subsequent to our submission to the board, but I believe

Similar wording

I have it attached to the presentation today, and also I believe that the RCO

Similar wording

sent an email with the letter subsequent to our submission. Now, I'm not sure if you see the right

Similar wording

individuals, but I can submit it. I believe Ms. Stiletto said she didn't have it.

Similar wording

We do have it. You may proceed. Thanks.

Similar wording

we do have it i i oh you do no we i don't i have only the letter from councilman o'neill

Similar wording

mr burtel if you could just let us know what the proviso is that would be sufficient thank you

Similar wording

okay okay great um let me just share my screen here

Similar wording

Okay. As stated, we're here for the application for 15501 Busselton Avenue. We're representing

Similar wording

the tenant for this location. This is a request for variants for relief for a change of use

Similar wording

to allow a ballroom dance instruction studio, which is classified as personal services and

Similar wording

assembly entertainment under the code because there's no specific category for that type of

Similar wording

use. And as such, we need a very interesting approval for this use. So people have a sense

Similar wording

of the property um here's the zoning area of the property the property is currently zoned as rsd1

Similar wording

um as you'll see in a moment um this there is no residential use on this property it's all commercial

Similar wording

and probably should be the accurate um representation of zoning should actually be ca1

Similar wording

um which would then make this a by right use but i'll get into that in a second um here's a

Similar wording

area of the property. It's on the corner of Busselton Avenue and County Line Road. In fact,

Similar wording

this property is the edge of the city on this road. Once you cross over County Line Road,

Similar wording

you're no longer in Philadelphia. So in terms of the request, this, what you can see here,

Similar wording

you see that the subject property is this entire parcel that includes um the fitness club um the

Similar wording

parking lot but the area that in question that we're asking for the use is this structure here

Similar wording

at the corner of the property sitting on the corner of bustleton avenue and camelani road

Similar wording

you can see the entire lot is commercial in nature there's no residential use

Similar wording

on my understanding that there's never been any residential use on this property um so i'm not

Similar wording

I'm not really sure why it's classified as RSV1.

Similar wording

More areas.

Similar wording

Here's a look at the street view from Busselton Avenue.

Similar wording

The structure is currently a vacant space.

Similar wording

Here's another look at it from the corner here.

Similar wording

As I stated, the proposed use is a competitive ballroom and Latin dance instruction studio.

Similar wording

I have Eric Grossman, who would be the tenant of this location, providing the instruction.

Similar wording

With me, I have Eric Grossman, who would be the tenant of this.

Similar wording

What they do is provide training for students, mostly children, some adults, to learn competitive

Similar wording

ballroom dancing.

Similar wording

They go on competitions, they travel, and they represent the school in that way.

Similar wording

Occasionally, students will have showcases and competitions at the location, but it will be

Similar wording

mainly utilized for instruction. I'll get to the floor panel in a second. As you can see from the

Similar wording

refusal, because the lot is zoned as RSV-1 and the category is classified as personal services,

Similar wording

just to, which is, you know, sort of a catch-all for a bunch of different type of uses, a refusal

Similar wording

was issued. In addition to that, because there's two refusals, but they're essentially the same

Similar wording

refusal. The second refusal is for the fact that there isn't a category for this specific use,

Similar wording

and therefore that's going to generate a refusal for approval by the board. And as such,

Similar wording

we're asking for relief from those refusals for this specific use. Really, this is more of an

Similar wording

educational instructional use. As I said, it's training and classes, but because there isn't

Similar wording

really a way to shoehorn it, we have to operate under personal services. We did engage with the

Similar wording

civic association. Here's our notification letter. Instead of meeting in person, the civic association

Similar wording

came up with a different process where we submit our presentations to them and they post it

Similar wording

on their website and solicit questions from community neighbors. We still met all the

Similar wording

notification requirements. And we went through two rounds of question and answer with the neighbors

Similar wording

and the community neighbors. And then we received a letter of support from the community association.

Similar wording

The vote, the total vote that was taken was 35 votes, 34 in support, and one in opposition.

Similar wording

The letter from the

Similar wording

Actually

Similar wording

Before

Similar wording

Mr. Patel if you would not mind

Similar wording

You can summarize and bring your client on

Similar wording

Okay yeah no problem

Similar wording

This is just the

Similar wording

Floor plan

Similar wording

I just wanted to mention the proviso

Similar wording

Because I don't

Similar wording

I don't believe it was

Similar wording

I don't believe it was

Similar wording

The proviso

Similar wording

That the

Similar wording

THE RCO IS ASKING FOR IS JUST TO SPECIFY THE USE IS LIMITED TO THE DANCE INSTRUCTION,

Similar wording

SCHOOL, STUDIO AND ASSEMBLY SERVICES FOR THAT PURPOSE AND NOT JUST GENERAL PERSONAL SERVICES,

Similar wording

WHICH THE APPLICATE HAS NO PROBLEM WITH BECAUSE THEY DON'T ATTEND TO ANY OTHER USE BESIDES

Similar wording

the competitive ballroom instruction and the and the assembly of the of the students. So we agree

Similar wording

with that proviso. Excuse me, Mr. Bertil, so a proviso reading use limited to dance instruction

Similar wording

slash studio with related assembly would work? Yes, that's that's perfectly fine. Thank you.

Similar wording

oh actually just to clarify assembly and entertainment i want to make sure the

Similar wording

entertainment's included as well so they do uh put on performances and competitions at the location

Similar wording

thank you sharon if you wouldn't mind would you send that over to me sure

Similar wording

and i can send an email a copy of this letter from the rco as well yeah i don't have it in

Similar wording

I'm watching it on screen, but...

Similar wording

Thank you, Mr. Bertil.

Similar wording

All right, Mr. Bertil, do you want to get your comment?

Similar wording

Yes.

Similar wording

With me, I have Mr. Eric Grossman.

Similar wording

This is his business.

Similar wording

If he can raise his hand to be recognized,

Similar wording