Thank you.
okay chair is 43 attendees and you can start as you wish is everybody on yes um i'm not sure if
the other board member is on yet but everybody else is here i've reached out to her to see if
she's having any issues so we have a quorum you can you can start but i will work on getting her
on. Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's
ZBA hearings. With me is our Vice Chair Ismail Shahid. President, Mr. Chairman. Our Board Member
Cheryl L. Gaston. Here, Mr. Chairman. Our Board Member Tanetta Graham. President, Mr. Chairman.
Our board member, Michael Johns, President, Mr. Chairman, our board member, Taya Wynn. Is she on yet? She should be shortly on. And later this morning, James Snell will also be joining us.
Also here is our attorney, Ryan McSherry, and I would want to announce that our executive director, Tanya Sunkett, has retired.
As many know, Ms. Sunkett ran the ZBA board for a long period of time, was an outstanding member, a person who cared a lot about people.
She literally had a 35-year career with the city of Philadelphia.
She worked at the library, L&I Airport, and then eventually came here in 2015.
We want to thank her.
We appreciate all of her hard work.
And we also want to thank her because one of the things that Tanya did was care about her employees and really developed and left us with a great sense.
a number of employees were just outstanding members. But here today is Kathleen Grady,
who is the Deputy Director of Planning and Zoning. She will be filling in today.
So here's our virtual format. The proceedings are being recorded. With your participation,
you agree to be recorded. A video will be available by contacting Kathleen Grady at Planning and
zoning. For our court stenographer, we ask attorneys and witnesses to identify themselves
before testifying. For participating by phone, press star nine to raise your hand and star six
to unmute. To an appearance statement, call 267-270-5548. Leave your email address and the
address of the property in question. And finally, the question box on the screen is not for comments
or testimony. All comments should be directed to Kathleen Grady, the deputy director. Let's look
at today's schedule. Number five. Number five, MI 2023-002-438-7701 Gilbert Street. That case
is a request for continuance. Is Mr. Long, Jason Long, available?
Good morning, Chair. This is Doreen Blakey, and I will be your co-host today.
Thank you.
You're welcome. And I see no hands. I see no hands for Jason Long.
Okay. So MI 2023-002-438, case is continued, but must be heard the next time.
Number nine, MI 2023-005-039-3234 Fanshawe Street.
Vern Anastasio is the attorney.
Excuse me, Mr. Chair, I just want to let you know that board member Wynn is now present.
Thank you.
Thank you, Taya.
Vern Anastasio will be allowed to speak.
Good morning, counsel.
Good morning, Mr. Chair.
Could you state your name is spelled for the court stenographer?
Could you state your name is spelled for the court stenographer?
Yes, sir. It's Vern Anastasio.
Yes, sir.
It's Vern Anastasio, A-N-A-S-T-A-S-I-O.
I'm here right now on behalf of Mr. Wong Lee, 3234 Fanshawe.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Counsel, could you give the status of this case?
Yes, sir.
I am requesting a continuance as it appears as though we may be changing the application.
amending it. I have been in consultation with Attorney Emerson, and if you are kind enough
to grant me the continuance, I think that's the way we're going to go. Okay, so MI 2023-005-039-3234
Fanshawe Street, cases continued. Thank you, Mr. Chair. I do have another one,
another request, or should I just wait my turn? Why don't you wait so I can keep these? No problem.
thank you sometime kind of order all right thank you all right number 13
mi 2024 000 792 23 33 east allegheny avenue this case has been continued
Number 15, MI 2024, 000820, 1212 South 51st Street, cases continued.
And number 17, MI 2024-000929, this request for contingent from Strawberry Mansion, is
Devin Upta here or Jermaine Harris?
Devin Upta have his hand raised and will be allowed to speak.
Good morning, Chair.
Good morning, counsel.
Could you state your name and spell for the court sinatra?
Yes, sir.
Devin Ukda, D-E-V-I-N, Ukda, U-Q-D-A-H.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Storway Mansion Community Concern has a request in for a continuance.
They want to have the ZBA meeting before the case.
Are you still counsel on this?
Yes, Chair.
What's your position on that?
We don't have any documents, by the way.
Yeah, Chair, we're fine with that.
We have to reschedule the RCO meeting.
So we're fine with the continuance.
Thank you very much.
So MI 2024, 000929, 3450 North 30th Street, that case is continued.
Are there any other requests for continuance?
There are no hands, Chair.
I also have several cases here that we need exhibits.
Number two, MI 2022-007-458-5218 Art Street.
No exhibits, fourth listing.
chair is there a name you would like me to look for about how about david up the
is he still here yes i will allow him to speak counsel you've already been sworn you could just
state your name for the record devin okay so uh we we don't have any exhibits this is the fourth
listing could you tell us what's what's what's going on with this case yeah chair this is a
case that i took over from my partner who cannot uh practice zoning so i'm working on the case
um i'm hoping to just reschedule reschedule it after i have the rco meeting and get all the
appropriate documents thank you counsel so mi 2022 007 458 52 18 archery cases continued mark must be
heard. Number three, MI 2023-001-895-4515 Van Kirk Street. No exhibits, third listing, Valerie Brown.
I see no, I don't see a hand for Valerie Brown, but Strawberry Mansion Community Concern has a
hand up for 4515 nankirk um they raised their hand just now after you mentioned that address
okay shall allow them to speak sure sure okay
Shall I allow them to speak?
Sure, sure.
Strawberry Mansion Community Concern, can you please unmute yourself?
I'm sorry, was my hand raised?
Yes, it was.
Oh, I'm sorry.
I didn't really hurt my hand.
Sorry, so Valerie Brown.
No hand for Valerie Brown here.
So the board has had contact with Valerie Brown before.
At one point, she wanted a withdrawal.
Then she requested a continuance back on in February.
So number three, MI 2023-001-895-4515 Van Kirk Street, case has been withdrawn.
Number four, MI-2023-002-403-3229 Rurer Street, third listing, no exhibits, Madeline Gonzalez-Murphy.
No hands for Madeline Gonzalez-Murphy.
So this is the third listing. MI 2023-002-403-3229, Roar Street. I vote to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Michael Johns, my vote is to dismiss.
Panetta Graham, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
Taya Nguyen, my vote is to dismiss.
Thank you. Number 10, MI2023005052, 2021 North Van Pelt Street. Donald Major is the owner. No exhibit second listing.
There is not a hand from Donald Major, but Vern Anastasio has his hand raised.
I will allow to speak.
Morning again, Mr. Chair.
I want to counsel, just for the record, state your name.
That's Vern Anastasio on behalf of Mr. Donald Major.
Could you give us the status?
Yes, sir.
Mr. Major just engaged our firm.
We accepted his case.
We do need to meet with the RCO.
He has never done so.
So we are going to ask for a continuance attorney moving party so I can start the process for a proper RCO meeting.
Thank you.
So, number 10, MI 2023-005-052-2021, 21 North Van Pelt Street, case of continued attorney moving party.
Thank you.
Number 11, MI 2023-005-063-1521 Tasker Street.
No exhibit, second listing.
No one has a hand raised for that case.
So, all right, so MI 2023-005-063-1521 Tasker Street, we did receive an email from the appellant stating he wanted to withdraw the case.
So 1521 Tashka Street, I vote this not not to vote.
This case has been withdrawn.
Number 14.
MI 2024 0008194444 Oakmont Street, first listing Robert Klein.
Mr. Chair, Mr. Chair, I just want to let you know that we we actually just received.
exhibits for this matter just this morning okay so mr klein are you in the air
i'll see no hands for robert klein chair so and by 2024 000 819 444 oakmont street case has been
And continued.
All right.
We're going to go to our add-on list.
820-24-00148-8430 Busselton Avenue.
The vote on this matter.
The vote on this matter has been moved to Wednesday, July 17th at 9.30 a.m.
Number two, MI 2023-002-921-2018 East Ontario Street.
The vote in this matter has been continued to Wednesday, July 24th, 2024 at 9.30 a.m.
number three MI 2023-003-929-174 Levering Street I vote yes temporary variance expires 7-10-26
my vote is yes with proviso Michael Johns my vote is yes with proviso
Tynetta Graham, my vote is yes with Proviso.
Tynetta Wynn, my vote is yes with Proviso.
And Cheryl Gaston, my vote is yes with Proviso.
Thank you.
We're going to start with number 12 for our regular list.
MI 2023-005-273-761 South 51st Street.
And I guess it, Debrahet is the owner applicant.
This is a pro se.
No RCO letter or summary, but notice was sent to nearby neighbors with proof of mailing.
Negesta, Gabriette has a hand raised, and I will promote to panelists.
Coming in as a panelist, Chair.
Thank you.
you're welcome
hello i also have my attorney here uh representing us as well
representing you yes uh our attorney richard demarco
i will promote the panel why don't we put mr demarco in first thank you
richard demarco has been promoted
it morning mr chairman good morning council could you please state your name is spelled
for the court sonographer richard demarco last name is spelled d-e-m-a-r-c-o right do you swear
or affirm to tell the truth the whole truth and nothing but the truth yes um have you had a rco
meeting? Yes, there is. There's an RCO letter of non-opposition. I can show it to you. I believe
it was transmitted very recently. Make sure you send it over for us, right?
Yeah, it was very recent. I think it was last night it was sent.
Good, good. Our vice chair has a few questions, sir.
Good morning, counsel. Do you agree to either read another refusal or stipulate to its accuracy?
I'll waive the reading. I can't fully stipulate. I'll explain why. I don't want to belabor the
point. I'll make it very clear and quick. We'll make a very quick point on that.
Understood. 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 did not, but my client submitted
all of the requested documents in a timely manner. Thank you, counsel. Please proceed and
share your screen. Sure, I'll share your screen. And one note on the refusal, the only reason I
can't stipulate, I do believe that the use, and since there's no opposition from the RCO, I believe
this can be a short presentation, but the refusal is for a dimensional issue for four units.
There has been a longstanding history of four units at the property. If you notice on the
refusal. There's a note to the ZBA, which I'm circling with my cursor, which says that the
ZBA, this zoning board actually granted this four-unit dwelling back in the 40s. It's been
consistently used in that manner. I think what happened, and I'll have my client verify this
shortly, but when he went to renew the rental license for four units, because the prior owner
did not renew the rental license for the four units. I guess the zoning examiner rejected it
because the lot area only allowed for three units, but it's a clear non-conforming use that has
continued throughout, and it was legal when it began. Therefore, it's clearly a legal use.
it was legal when it began. Therefore, it's clearly a legal use. So I'll just briefly go