Thank you.
Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing today's
meeting of the Philadelphia Zoning Board of Adjustment. With me is our board secretary,
Sheila L. Gaston. Present, Mr. Chairman. Our board member, Michael Johns.
Present, Mr. Chairman. Board member Taya Nguyen, who should be here any minute,
and our board member, Ryan McAdams. Present, Mr. Chairman. Also here
Here is our Board Attorney today, Ryan McSherry, our ZBA Director, Ian Haggerty, and our Board
Administrator, Lakeisha Dandy.
This hearing is being recorded and will be posted on the ZBA website.
By participating, you consent to be recorded.
This is an in-person meeting with remote participation.
whether in person or on zoom if you're called to speak please state and spell your name
and then wait to be sworn in after that state your name each time before you testify
to enter the appearance indicate indicate the property address while going on your zoom webinar
speak with a staff member
call the zba office by the close of business tomorrow please call 215-686-2429
and provide your name your email and the case address
for remote participation raise your virtual hand when when directed so we can call you to speak
when you call when we call on you please hit the joint the panel button use the q a only when you
talk about procedural issues, no comments about a case. And if you are joining by phone,
dial star nine to raise your hand and star six to unmoot. In-person participation.
If testifying, get close to the microphone so that all attendees and the court reporter can
hear you. No talking, eating, or drinking during the hearing. Aggressive behavior will not be
tolerated in the in an emergency following instructions from the staff the main exit is
through the rear doors the nearest stairs is to the left if we evacuate please go to love park
across art street and please remain there so that we can account for you so let's look at our schedule
for this for this morning
number one
MI 2024
Ken Kimbler
Avenue Steve
Gal Galang
is the listed owner
we have no exhibits
this is the fifth fifth listing good morning chair this is jasmine and i will be your co-host
for this morning session i see no one in the audience with that name so mi 2024 004 576
59 63 kimber street kimber avenue i vote to dismiss
johns my vote is to dismiss cheryl gaston my vote is to dismiss
ryan mcadams my vote is to dismiss
that's enough right yeah we're good okay so number number three
MI 2025 001 562 1315 North 47th Street Stanley Ellenberg is the attorney
we've had multiple listings with this is the attorney present
sure take a seat please
Sure. Take a seat please. You're an attorney, right? Good. Come on. Sit down. Thank you.
Hi. Get the mic nice and close. Could you please state your name? Drew Benison. And spell it for
the stenographer. B-E-N-N-I-S-O-N. Right. Do you swear or affirm to tell the truth,
the whole truth nothing but the trace case yes truth could you tell us where the status of this
case is uh we haven't been able to uh post the uh property or get uh in contact with the uh community
group if we were given uh 30 days for our continuance we would be able to do this this is
the third listing am i correct yes this is the third listing um could you give us an idea why
this wasn't done already uh my client was out of the country for uh a uh large portion of the uh
this time and we haven't been able to get the uh okay we're going to do this one more time
okay so we're going to continue this to 9 16 26 at 9 30 a.m but that's it you you got to be ready
to go that day at 9 30 9 30 sir thank you right number five
mi 2025 003 170 4200 else else elsinore street this case has been withdrawn
Number seven, MI-2025-004-012, this case has been withdrawn.
Number nine, we're going to bring the attorneys in.
They just want to make what we're hoping is a couple short statements.
So it'll be number nine is MI-2025-005-709-102 West of Val Street.
And number 10 is MI-2025-005-712-100 West of Val Street.
The attorney is Steve Masters and Alan Nockamson.
Mr. Nockamson, could you please state your name and spell for the stenographer?
Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.
Mr. Masters?
Steve, do we see him in the audience?
Yes, Steve Masters has been allowed to speak.
Good morning, Mr. Masters.
Good morning, Mr. Chair.
Could you please state your name and spell for the stenographer?
steve masters n-a-s-t-e-r-s you swear or affirm to tell the truth the whole truth and nothing but
the truth i do um so what what i want from both of you is a short update as to where we stand with
this particular case i'll start with mr knockamson and then i'll get right to you steve okay good
morning mr chair members of the board alan occamson uh for the apple kids uh this this
zoning matter has been going on for years up and down the courts, most recently remanded back down
here. The parties have come to an agreement in meeting my client, the applicant, as well as
Steve's master's client, the next door neighbor at 104 Duval Street. These are two separate
projects, 100 and 102 West Duval Street. They're both proposed single-family residences.
They have a few refusals. The most relevant to Mr. Master's client is there's a side yard setback that he wanted to have increased, which we did for both properties.
We provided revised plans as part of our presentation materials, such that Mr. Masters' client has a five-foot rear yard, side yard setback between 102 and 104, and then there's also a side yard setback for 100 as well.
There is also an agreement between the parties that's been executed that we put as part of the record, but I just want to state it for the record, because I know this is important for Mr. Masters.
The first item was to increase the width of of the side yard to 5 feet between 102 and 104.
We're decreasing the width of that building structure for 102 to 15 feet for west of all streets.
We are agreeing to install a privacy screen on the third floor rear deck.
We are agreeing to install a privacy screen on the third floor rear deck.
These are not, these are not, you know, the first two are obviously provisos, which are included within a revised plan.
The third one's not.
We're going to remove the tree at our cost that's shared between 102 and 104 west of Wall Street.
30 days from the issuance of a CO for 102 and 100 West Duval Street, we're going to make a
thousand dollar donation in the name of the 104 West Duval Street owners to a charity of their
choice. And, you know, as part of this, the 104 Duval Street owners will withdraw the appeals
with prejudice that's currently pending thank you mr masters update uh well this is a this is a
situation where i agree a hundred percent with the knockinson so um that's what happens when you have
a an agreement between the parties um so we are pleased um that we were able to reach a mutual
understanding uh it's very important to our client that the the side yard be that five five foot um
With which which it which it is within the new plans and that the that the deck that's going to be built on on the 102 property has been totally fenced in with an with an opaque design so that there can't be any spying over over the walls and to into the backyard of my client.
And we are going to withdraw our court appeal as required by the settlement agreement.
And this should be the last that this board hears about this.
Thank you.
Ryan, is that we good?
Thank you.
Thank you both.
All right.
Thank you.
And then we were talking with Hillary.
i don't know how the board wants to handle uh whether it's a new notice of decision or or what
so i'll leave it to the discretion of the board in that respect thank you oh i'm sorry but but it is
but there is a like that i wasn't i haven't seen the the corrected proviso that was um i think
submitted this morning or late yesterday but the but the the proviso should show that the width of
102 is 14 feet um i believe so that we have the full five feet um on on our side okay it does
steve okay great all right thank you both thank you number number 12.
MI 2025 007 182 2800 Allegheny Avenue that case is continued to 9 16 26 at 9 30 a.m.
number 17
number 17 mi 2025 007 236 12 12 12 301
medford road owner is christopher dean
this is the first listing we have no exhibits i see no one in the audience with that name chair
that case will be continued to continue to 9 16 26 at 9 30 n mark must be heard
number 18 mi 2025 007 237 6300 park avenue this case is continued to 9 16 26 at 9 30 a.m
And number 19, MI2025-007-240-2130 North 31st Street.
That case is continued until 9-16-26 at 9.30 a.m.
We're going to go to our add-on list.
Number one, MI 2025, 002, 821, 2226 West Tioga Street.
That case, that matter has been rescheduled to Wednesday, May 20th at 9.30 a.m.
Number two, MI 2025, 002, 824, 2224 West Tioga Street.
2224 West Tioga Street, that case has been rescheduled to Wednesday, May 20th, 2026 at 9.30 a.m.
that case is big and re-screwed.
And number three, MI 2022-006-750-6151 Market Street, that case has been rescheduled to Wednesday, May 20th, 2026 at 9.30 a.m.
we're going to move to our first case which is a resumptive hearing
and we need an interpreter for that case please
interpreter chair the interpreter has been promoted to pay thank you very much
Hello, Your Honor. Hello, members of the board.
Good morning. Could you please state your name and spell for the stenographer?
Yes, of course. My name is Leonel Gillen. First name spelled L-E-O-N-E-L. Last name is Gillen, spelled G-U-I-L-L-E-N.
do you swear or affirm that you will um interpret accurately completely and impartially from english
to spanish and from spanish to english i swear thank you could you please call for us um see here
lydia paulino uh chair this is joe consul i was wondering if uh you called for additional
continuances um i was hoping to put one on the record and i don't mean to interrupt this case but
well i'll tell you what which one is it joe uh three four four five melville
it sorry interpreter don't worry don't worry so mi 2025 004 190 34 45 millville that case
is continued until 9 16 26 at 9 30 a.m thank you chair sorry to bother you no thank you joe
Okay, let's go back here.
Yes, Lidia Polino, yes.
Muy buenos días. La señorita Lidia Polino
se encuentra aquí. Señorita Lidia Polino.
La señorita Lidia Polino se encuentra presente.
Lidia Polino.
chair i see no one in the audience with that name nor do i see a hands a hand raised at this time
how about angie
uh chair could you please your own could you please spell the last name just to verify
f l u f a l u follow thank you y la señorita angie palu angie palu se encuentra presente
la señorita angie palu chair there is no one in the audience with their name
nor is there any hands up at the moment okay um okay so this is a result of hearing um
Council do you sense where we stand with this I mean I I I think it ultimately we'll have to
continue this matter but I mean we have had I know we've had multiple resumption hearings here but
okay yeah so I don't believe there's been any any actual for me I don't believe there's been
Okay, so here's what we're going to do. We're going to continue this one more time and it's going to be marked, must be heard. So could you mention that just in case somebody is listening and say that in Spanish?
Yes, you're right.
Muy bien, entonces, este caso se va a dar continuidad una vez más y la próxima audiencia debe de ser escuchado.
Repito, este caso va a ser continuado una vez más y la próxima audiencia tiene que ser escuchado.
All right, and it will be continued to 9.16.26 at 9.30 a.m.
Y la fecha de continuación va a ser el 9 del 16 del 2026 a las 9 y 30 de la mañana.
Y debe de ser escuchado.
I apologize, but we may need to strike that.
There is a note that this matter must be heard, so I do not believe we can continue this again.
I apologize.
All right, so we're going to have to dismiss it.
So MI 2024-005-585-4022 North Reese Street, I vote to dismiss.
Michael Johns, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
Ty Owen, my vote is to dismiss.
Ty McAdams, my vote is to dismiss.
Counselor, could you please, in Spanish, report, I mean, not counsel, or interpreter, could you report that that's been dismissed for us?
Yes. Muy bien. El caso no va a tener continuidad.
Entonces, el caso número MI 2024-005-585 de la dirección 4022 Norte, calle Reese, ha sido desestimado.
All right, we're gonna move to number four, MI 2025 002, 260, 2160, 2169, North 29th Street, Gerald Notches is the owner, um, it's a request for assistance from the staff.
um let's see here in an office support from strawberry mansion
chair i see no one in the audience what they mean
okay um here oh here you go
good morning good morning how are you could you move closer to the mic for us yes i'm actually
the applicant the owner's here with me though so the owner
say that again i'm actually the applicant but he's the owner of the property right problem yes
ultimately we'll need the owner to to be providing testimony the owner's gonna have
testify am i correct yes yeah all right um um could you state your name for us please call those pain
p-o-i um pain p-y-n-a right do you swear or affirm to tell the truth the whole truth and nothing but
the truth um i i understand there's a letter of support from strawberry mansion yes correct the
RCO? Yes. Now he's going to be the one to testify, okay? Am I correct? Yeah, the
Strawberry Mansion is supporting your request. Okay. Our board secretary has
just a few questions for you. Chair, excuse me, this is the court reporter. Could I
ask the witness to please pull the microphone closer to him?
microphone closer to you sir okay uh good morning um did you submit your documents and exhibits
five days in advance of this hearing yeah remember yes right yeah you did okay so do we have um uh
we need proof of posting so do you have the picture showing that you posted the property
at least 21 days in advance of this hearing is that part of the exhibits that you okay and uh do
we have photos of the property yes yeah okay um our council has yes as of now we have we have not
received full exterior interior photos uh or the proof of posting or the proof of text the proof
tax compliance the property is is compliant though however we still need the proof of posting