No, Chair. No, Chair.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Ron Bednar, City Planning.
While the property is currently indicated for residential use on the city plan,
given the physical conditions of the site, and it's documented use history,
we have no objection.
Thank you.
Thank you.
MI 2022-005-152-1324 North 15th Street.
I vote yes.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you, counsel.
Thank you, Gordon.
Number two on our list, MI 2022-005-175-400-Gilham Street.
Thomas Kenney is the attorney.
No RCO letter at this point.
Mr. Kenney is coming back in as a panel.
Right, right.
Hi, Mr. Kenney. Could you state your name, please, and spell for the court stenographer?
I can. Thank you, Mr. Chair. Jacob Reeder, actually, I'm a paralegal for Mr. Kenney.
He stepped out just a moment. I'm going to get him if it is okay with the board.
Okay. Thank you.
Thank you very much, sir.
good afternoon hi good afternoon could you please state your name and spell it for the
court stenographer? Yes, this is Tom Kenny. And I'd also like panel, sir, chairman, if I could
add my paralegal, Jacob, who's on here, but I'd like to add him. He's going to be doing my screen.
Yeah, he'll just do the screen, right? Just for the record, could you spell your name for the
court stenographer? Yes, sir. It's Thomas Kenny, K-E-N-N-Y, bar number 77611.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do. Our vice chair has a few questions for you.
Thank you.
Good afternoon, Counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do, Vice Chair. Thank you.
Have you emailed in the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
I have, Vice Chair.
Thank you. Please proceed and share your screen.
Could I ask, Mr. Kenney, let me ask the question. We have a note here there's no RCO letter.
and that's what i was going to ask you i have i had information that they sent it to you
as a uh matter of course it's part of our if it's part of our package here
and we've marked it on page 64 it was a 40 to 0 in support of us okay i thought i thought
We just didn't see it yet.
Ryan, would you raise the parking issue before we go any further?
Yes, Mr. Chair, thank you.
So I think there's one potential issue with this matter.
We might be missing a refusal for the required minimum parking spaces, and RSA 3 would be 4.
So essentially, if there are existing parking spaces on this property, the refusal needs to be amended before the board can vote.
um and however if there are no existing parking spaces and if the board does does grant the
variance uh the board would need to improvise them they would also be approving a variance
uh for not having the required four spaces any new required parking spaces would require separate
zoning permit application because the plans would need to be revised and it would be a
and it would be a change of the use application that's understood and we're not we're not asking
change of the use application that's understood and we're not we're not asking
for that and well how many parking places do you have uh there are if there are no parking
i don't think we have any parking
so so ryan it's street parking it's street parking okay uh
So, Ryan, let's explain that one more time.
He has no parking.
So, and then in that case, if the board does choose to grant the variance, they'll need
to add a proviso, noting that it's approving the variance for not having required four
spaces.
All right.
Proceed, sir.
Chairman and board, if it may please the court.
I think this is a pretty straightforward case, but here's what happened.
My client is in the chain of third purchaser, husband and wife.
The one who will be speaking today is Ms. Lynn Q.
She is here, and I'll add her in a few seconds.
But the property had always been used as a four-unit.
In fact, there was a legitimate rental license printed out in 2004.
It's on page as Jacob, if he can put that up for us.
And I'll jump back to everything else. I just want to point this out.
So this was given the two owners ago,
Olszinski had a rental license through the city of Philadelphia for four
units.
this property has always been four units it was built to be four units there has been from as
far as back as we can tell it's been used as a four unit apartment that's how it was constructed
there's four there's four bathrooms there's four units separate units it's at four utilities
everything was constructed that way we're not sure if this was the records don't reflect if
it was somehow a grandfather situation or something like that back in the old days.
But nonetheless, it's going back to now the top of this. It was an RSA3. It's a single family
dwelling. That is what the refusal was. We filed the appeal. If I can go back up to top, Jacob,
we can just go through the documents. The refusal was issued on July 13, 2022.
There would be no construction, no alterations. Everything, like I said, has been in place
for a few decades. My client has not done any construction, nor does she need to do any
construction to the property. We filed the appeal. If we can go to that on six.
We filed the appeal and
on page 17 we have the deed it's in my client's name her she's it's her and her husband my client
is here today is miss ling q um her husband mr john z is also given us authorization that's on
page 38 i'll come back to that in a minute um on page 22 we put up our posters at the property
um we have some photographs of inside the property as well just to show again what the
interior looks like we have some pictures of what the apartment we could just go to the inside
utility separated too yes everything is separate so the this is one unit how it's how it was set
up um kitchen separate kitchen separate bedrooms uh separate bathrooms um you'll see um that's
it looks that's how it looks there's all the it looks like if you see this apartment complex
um that was that was set up um
we have a tax clearance on page 48 we sent out notice to the neighbors and we had a meeting
it was scheduled for november 17 at saint williams social hall we did meet with the rco
It was a favorable meeting. That's the letter I referred to in the beginning of this. It's down on page 64. After our meeting, which was very genial, we had 40 to nothing. There was no opposition to our application.
our application. I do note that we've copied the Honorable Cheryl Parker throughout this whole
I do note that we've copied the.
process. Obviously, she's a little busy now, as she's got a new job that she's going to be coming
on to, but we've not received anything from the Councilmatics saying they have any opposition to
it. So that is the best information I can give to that. And with that, sir, I would then like to
call my client. Okay.
Ma'am, Link,
Ms. Q, if you could put your hand up
on the screen.
There she is.
Hi, could you state your name, please, and spell for the
court stenographer? Yes.
My name is Link Q, L-I-N-G
Q-I-U.
Right. Do you swear or affirm to tell
the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Thank you, Sarah.
The only thing I'll say is my client, English is her second language, and she's a little ill today, but I wanted to let the board know.
Ma'am, can you hear me okay?
And you've heard everything I've said here today?
All right.
Everything you've heard me say, is it true and accurate to the best of your knowledge?
Yes, but we have two parking on the nearby building.
plus the street parking.
There is parking already at the structure?
Yeah, I thought I saw it in that one picture.
I saw it, so I wasn't clear
if that was the neighbor's house or not.
Thank you for everyone.
Is everything else accurate,
what I said today?
Okay, and you would adopt
everything i said is true and accurate yes okay thank you ma'am thank you um questions from the
board no chair no no chair thank you questions or comments from the virtual audience
i see no hands chair planning commission the rod bednar city planning given the
The property is indicated for residential on a city plan, and given its physical condition and the documented use history, we recommend the request for that to be granted.
Thank you.
Ryan, so this would be a variance for not having two spaces?
It would be, it's four required spaces.
But I think they say they have two.
They have two, so it would be for not having the two additional spaces that would normally be required.
Yes, good. Thank you. MI 2022-005-175-400, Gillum Street, I vote yes.
Also include a proviso that there's a variant for not having the two additional parking spaces.
James Snell, my vote is yes with proviso.
Thank you, Mr. Kenny.
Thank you. May I be excused?
You certainly can.
Have a nice day, everybody.
Thank you.
Number four, MI 2023-001-315-5331 Wayne Avenue.
Jermaine Harris is the attorney.
Letter of support from the 12th Democratic Ward RCO Coordinating Committee.
Solo Germantown is opposed, but has recommended provisos.
Good evening, members.
Good evening, Mr. Harris. How are you?
I'm fine. How are you?
Jermaine Harris, counsel for the owner, which is Cinderella Realty, LLC.
and i do have spell your name for the court reporter please sure jermaine uh that's j-e-r-m-a-i-n-e
uh harris h-a-r-r-i-s right my address is 100 south broad street uh suite 1523 that's uh philly
one nine one one zero right do you swear a firm to tell the truth the whole truth nothing but the
truth i do and i also would like to add that i do have a representative of a cinderella realty
Lamont Thomas here. Okay, and our vice chair has just a few questions for you, sir. Sure.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its
accuracy? I do. And I will stipulate to its accuracy. Have you emailed in all the required documents?
Have you emailed in all the required documents and exhibits that are needed to proceed with this case in advance of this hearing?
Yes, I have.
Thank you. Please proceed and share your screen.
Okay. Everyone can see my screen?
We can.
Okay. All right. So this is concerning 5331 Wayne Avenue. And what my client is seeking to do is he's seeking to reinstate the previous zoning for this particular property for a multifamily property.
This is a property that is, it was a five-family property, and it was originally, the zoning history is that it was zoned originally as a five-family in 1954.
It was then reaffirmed in 1991 by this board as well.
However, the property has been vacant for some time, and as a result, the property lost, of the vacancy, the property lost its zoning because it's in a RSA 5 area.
However, this is a property that's still, it's a large property. It's 3,600 square feet and it has a fire escape right here. It has three separate entrances and it's broken up as to, it's broken up as to the five separate apartments.
that right now what you're seeing is the exterior let me get to the interior uh and by the way
these are the uh posting of the zoning uh hearing notice as well
so what we have here is let's get to
Just bear with me, please, I'm having trouble opening up this.
Thank you.
Thank you for your patience.
Okay, here we go.
Okay, so we have a quick claim deed, which evidences the ownership of the current owner, Cinderella Realty, for 5331.
This is a property that was acquired December 27th of 2022.
two. We also have, let's see here. I think we were looking for inside photos, right?