There's been no fights, no arguments, no gun violence, no shootings,
no police coming out to the property for any related incident,
no noise pollution, and that we really don't have an integrated system.
We have an iPhone and a speaker.
I believe that Mr. Zeka has done everything within his power to operate in a safe manner
and to try and appease the concerns of the community.
And with that, that's all I have.
want to bring your client on please mr zekker are you on the line today
he's been allowed to speak could you state your name please and spell for the court stenographer
michael zekker m-i-c-h-a-e-l-z-a-k-e-r right do you swear a firm to tell the truth the whole truth
nothing but the truth yes sir proceed counsel uh mrs edgar did you previously operate the cleopatra
cafe at 42nd and chestnut yes and did you operate that cafe for 11 years yes and is that how you
support your family yes and did you uh engage in operating the cleopatra uh cafe at 742 south
Street in December of 2020 excuse me in October of 2021 yes ma'am and can you tell the board why
you picked that location it's been recommended by the city of the health department of the city
of Philadelphia they have a match and it's it's so limited with the location you can get a
a tobacco permit, and the most one was available at South Street.
And Mr. Zeka, is that why you chose that location?
And Mr. Zeka, have you heard the presentation and my testimony today to the board?
Yes, ma'am.
yes ma'am or to testify would you adopt it as true yes that's all i have commissioner
Or to testify, would you adopt it as true?
questions from the board no mr
yes chair um so there's there's not going to be no commercial kitchen at all you're only going
to be cooking everything in the air for you uh mr um zaker indicated to me that they really only
serve finger food hummus bubble tea and beverages and that they warm that finger food up in the
air fryer that they don't have an oven or a hooded system okay all right questions or comments from
our attorney hillary emerson yes mr sure thank you um miss three can you please send a complete
copy of the lease that wasn't clear from the packet if you were representing the owner
for the the tenant and we do need a complete copy of the the signed lease um since you are
representing the tenant so we can forward that please thank you very much right over to you it
was very very long and i'll send the additional pages to your attention all right thank you so
much these are comments from the virtual audience yes mr chair i have a joseph good with their hand
raised i've allowed them to speak at this time good morning could you state your name please
and spell for the court stenographer hi can you hear me uh my name is joseph glenn last name is
spelled uh first name is spelled j-o-s-e-p-h last name is spelled g-l-y-n one we're affirmed to tell
the truth the whole truth and nothing but the truth yes i do proceed sir thank you for giving
me the opportunity to speak um i just wanted to share my experiences um once cleopatra cafe moved
in um it was i think the day after thanksgiving in 2021 when we heard an incredibly loud drilling
in the backyard and i saw cleopatra cafe installing that vent that was back there now it is capped but
for the past two years just about our backyard has smelled like um tobacco products like the
hookah products. And it has made our backyard almost unusable because at night, if we're trying
to sit out there, it's, you know, it smells terrible. And like recently, we just had our
Jewish holiday of Sukkot, which, you know, we sit in a hut in our backyard and we were unable to
enjoy the holiday because of the smell back there. This was raised at the initial neighborhood
meeting more than a year ago and nothing was done between that time and now. And only at the last
neighborhood meeting were we told or was claimed that they didn't even use that vent, which begs
the question, why did they even bother to install it and then cap it afterwards if it was never
being used? And it just, I think it just relies credibility given my experiences that it was not
being used um and the question is also what were they using in the meantime to vent the air out of
there if this new air system was just bought within the past week or two how were they venting
the air out of there like i don't understand it but basically during that time you know we've had
this terrible experience with our backyard and even when we open our back door the air
like in our house starts smelling like that like hookah smoke uh it's not smoke itself i just want
to be clear i'm not saying that they put smoke back there but it's this like smell of the product
itself which is emanating from that area um and you know this has been an ongoing issue for us
and a very difficult one uh for us and our family and just speaking to the character of the
neighborhood too you know that store that's at the corner which i was shown in the picture
is an unlicensed place selling paraphernalia drug paraphernalia it's not supposed to be there they
They're now a municipal court for that.
And now we have this other place, which opened up without the proper zoning.
And so we've been fighting this battle to change the character of our neighborhood, to make it a place that's better for our kids and doesn't have drug paraphernalia use at the corners and on the street itself.
So this is just the situation that we found ourselves in, where we are trying to, one, make our backyard a livable space.
and to, you know, make our neighborhood nicer.
Thank you for taking the time.
Ms. Treat, do you have any questions?
Yes, I do.
Mr. Glenn, you and I spoke at the meeting of October 9th, 2023.
Is that correct?
We did.
And you specifically told me you did not smell smoke in your backyard.
Is that correct?
No, that's not correct.
Well, it's not smoke.
It is the smell of the tobacco product.
So I'm not sure if you're trying to suggest I'm not smelling stuff back there, but I never said it was smelled.
You indicated to me that you smelled flavor. Is that correct?
You indicated to me that you smelled flavor. Is that correct?
Yeah, it is flavoring. It's like a flavoring type smell. Yes.
Yeah, it is flavoring.
Glenn, is there a tobacco store on the corner, which would be right in that corner store sells flavored tobacco? Is that correct?
Yes, but they were in existence before Cleopatra Cafe and we never had any smell issues before Cleopatra Cafe moved in.
And Mr. Glenn, how long where do you live at specifically? 607 South 8th Street.
And how long have you been living there? I've been living there since 2011.
That's all I have to say. Thank you, Mr. Glenn, for taking the time to call us.
Thank you. Is there anyone else in the virtual audience?
i see no further hands mr chair uh in uh planning commission
uh good morning good morning this is ron oh ron do you swear a firm to tell the truth the whole
truth nothing but the truth i do ron do you want to wait till um yeah we have information from the
council and squall's office and the neighbors or two rcos yeah we'll hold on this until the next
okay thank you mr mr chair then what because i had not um put this in as a resumption so this
is gonna have to be a resumption hearing then as opposed to that we were just holding the vote
yeah for 60 days yep so now now this will be a resumption hearing okay but we'll still go for 60
days yes we'll still we'll still use the the date that um i put in for the vote okay all right so
the vote in this matter is held until wednesday december 13th at 9 30 a.m the record is closed
except for letters from council the applicant council member squill's office and two rcos
and the planning commission um the letters will have to be in by tuesday december 12th at noon
Thank you.
Mr. Chairman, if I may, I really would like an opportunity.
I haven't seen the letters also, and I would like the opportunity to also submit a writing in that I was not able to see the letter.
I think I said that.
The record is closed except for letters from council, council member school, et cetera.
I apologize.
Thank you.
You don't have to apologize.
Thank you.
All right.
Okay. Okay. Number five. There'll be three cases we'll be hearing together. MI 2023-001-605-3914-Wylusing.
And number nine, MI-2023-001-604-3975-Wyalucine.
And number 18, MI-2023-001-603-3933-Wyalucine.
We have...
Okay, we have a letter of opposition from Councilmember Gauthier.
I don't see an RCO letter as of yet.
Yes, Mr. Chair, we do not have a letter from the coordinating RCO, but we received a letter from the affected RCO that was in opposition.
All right, good.
All three projects.
Vern Anastasia was the attorney.
good morning mr chair morning and you've already been sworn once just for the record state your
name please sure verne anastasio representing thais serrano the owner of the three properties
in question i'm going to present one binder because hold it just wait one minute our vice
chair has just a few questions that's all okay good morning counsel do you agree to
the reading of the refusal and stipulate to its accuracy good morning i do have you emailed in all
the required documents and exhibits that is needed and required to proceed with this case
five days in advance of this hearing i have thank you verne please proceed thank you
members of the board we're looking at 3900 block of wailusing today uh three properties and we are
presenting the same product, which is new construction, duplexes, both of ample size.
And this is the block that we're dealing with here. As you can see, it's boxed off.
As you can see, it's boxed off. This is the 3,900 block of Wyalusing. Everything in red
This is the 3900 block of Wyalusing.
is vacant land. And everything that's marked orange is either vacant, boarded up,
or being squatted. It's certainly not fit for human habitation. So as you can see, 80 parcels
for uh homes on the 3900 block of waialusing 39 37 are occupied which is 46 54 of the lots
or properties on the block are are absolutely vacant on what we are proposing again are just
three duplexes and we have
let me show you the
refusal each property
is zoned for residential single family development
two of the properties are being refused primarily
for the use the two family dwelling
and the rear yard depth one of the properties
happens to be sandwiched between two-story buildings, which is why the third refusal
for this particular property is the third floor setback. But for all intents and purposes,
it's the same duplex that we're proposing. As you can see, all three will be brick facade,
storage area in the front also an ample five-foot yard in the rear
here are some photos of the block as it currently exists
here's a rear rendering of the property as well
staying within all height limitations
here's proof of posting of this particular property i've already sent under separate cover
uh proof of posting of the other two in question here's the rco letter uh notification that was
mailed three page letter and there were mailings for each of the three properties
here's a proof of posting on this one 320 individual households uh or at least addresses
were mailed and let's walk you through
the floor plan we have a lower level living space uh here
it's a living room and then uh here's a space that we're calling office or flex space as you know
many people are working from home now so instead of using a kitchen table or a dining room table
we are offering space that has no door no closet so it can never be used as a living room i mean
as a bedroom uh but it will be right off the living room with flex office space um the first
floor will have a open concept kitchen with a bedroom second floor is unit b which is a living
space with open concept kitchen and some flex office space again same thing with units uh
floor three which are two bedrooms and then there'll be a roof deck attached at the top
give me one second
we do think uh you know given the current condition of the block itself and even the
surrounding blocks uh density is something that that's needed uh there is an increased housing
choice for affordability. My client currently purchased and built two single-family homes on
this block, completely code compliant. They're empty. They can't be sold. They can't be leased.
They're just too big to make any sense for anybody in the community.
um this actually helps improve security by adding some eyes on the street and of course
it expands uh some uh choices for folks who otherwise don't have any options uh on this block
Under the cases of Marshall and Metal Green, the court has ruled more than once that if a property, if a lot or a property is so obtuse that it has literally no value in its code compliant form, then hardship is met.
under the
I'm going to have expert testimony today from literally the king of brewery town when it comes to real estate sales.
No one has sold and marketed and leased more property than my next, you know, my witness who will testify that to build more single family homes,
new construction on this block will lay the property to waste and that it'll be completely impossible to sell, market or lease.
that having two more approachable units at more approachable price points
will ensure that they're, in fact, occupied by families who need them.
And with that, I'd like to call my client, Thais Serrano, to adopt my testimony.
Chair, could you state your name, please, and spell for the court's demographer?
Wait a minute, Mr. Chair.
Taish Serrano, please raise your virtual hand
and wait to be sworn in.
They've been allowed to speak.
Your name, please, and spell for the stenographer.
Can you guys hear me?
I can.
My name is Taish Serrano.
It's spelled T-H-A-I-S-S-E-R-R-A-N-O.
Right.
Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth?
i do proceed counsel thank you mr chair miss serrano did you hear my presentation to the
board this morning i did is it true and accurate to the best of your knowledge
yes and do you adopt it as your own testimony yes thank you i may call upon you again
mr chair i'd like go ahead i have several witnesses mr chair okay um sorry about that
No, no, that's fine.
I'll be quick.
No, you always are.
Mr. Chair, I'd like to call as our expert, Mr. Scott Frith.