CHAIR, WE HAVE 36 ATTENDEES IN COUNT.
YOU CAN PROCEED AS YOU WISH.
THANK YOU.
GOOD MORNING, EVERYONE.
My name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, Thomas Holloman.
Present, Mr. Chairman.
And our Board Member, James Snell.
Present, Mr. Chairman.
Also present is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sunket.
Here's our virtual format.
Be advised, the proceedings are being recorded.
The video will be available by contacting TanyaSunkett at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email address of the property and also the property address of the property in question.
And finally, the question answer box on the screen is not for comments or testimony.
All comments should be directed to our executive director, Tanya Sunken.
Let's look at our schedule for this this morning.
Number 13, MI 2022, 001-365-9212 Delaware Avenue, cases continue.
Number 17, MI 2023-001-775-3213 Clifford Street, that case is continued.
And number 18. MI 2023-000274-3630 Wharton Street, that case is continued. Are there any other requests for continuances?
Good morning, Chair. This is Doreen Blakely, and I will be your co-host today, and I see no hands.
Okay. We have a few cases that we do not have exhibits. MI 2023-001-784-1953, Locust No. 1F. Christy Sangle is the owner. This is the first listing. We do not have any exhibits.
I see no hands, Chair.
So MI 2023-001-784-1953, Locust No. 1-F.
That case is continued.
Mark must be tried.
Also, No. 11, MI 2023-001-810-1327 McFerrin Street,
bernice mars is the owner this is the first listing we do not have any exhibits
no hands chair so mi 2023 001 810 13 27 mcferrin street that case is continued mark must be tried
And number 12, MI-2023-001-837, 1953 Locust, Apartment 3, Christine Sengel from the original case.
This is no exhibits, second listening.
No one appeared the first time.
No hands, Chair.
So MI-2023-001-837-1953, Locust, Apartment 3. This is the second listing. No one appeared the first time. I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Thank you. And number eight, MI-2023-000265, 1625 North 32nd Street. That case has been withdrawn.
We're going to go to our add-on list here.
Here's our add-on list. MI 2021-004819, 2900 Distance Street. This case is being continued until 11-1 at 9.30 a.m.
Here's our add-on list.
and Mr. Chair this is Hillary I just want to note that this is a resumption hearing
so it is the resumption hearing that will be held on November 1st at 9 30. Thank you. Thank you
and number two MI 2023 002 919 932 New Market Street I vote yes
James Snell, I vote yes
They should give a vote yes
Ishmael Shaheed, my vote is yes
Thomas
Thomas Holloman, my vote is yes
All right, we're going to go to our regular list
I'm going to start with number nine
MI-2822-005-179-9568 Wally Avenue.
Josa and Persa Munkin are the owners.
This application is for the erection of an accessory detached structure shed at the rear, accessory to existing single-family dwelling sign and location as shown in plans.
zoning refusal side yard shall be a minimum of 10 feet and side yard shall total 25 feet
thus the side yard between the shed and lot shall be a minimum of 13
feet nine inches a total of 25 feet whereas the plans call for a side yard of six foot three
there's a recommendation of support from greater bustleton civic like
Mr. Munkin
Mr. Munkin
Could you state your name please
and spell for the board stenographer
Josa Munkin
Could you spell your name please sir
M-U-N-C-A-N
the last name
and the first name
J-O-S-A
Do you swear or affirm
to tell the truth
the whole truth
and nothing but the truth
our vice chair has just a few questions for you sir okay good morning sir have you emailed in
all the required documents and exhibits that is needed and required to proceed with this case
what was it i'm sorry we didn't catch that oh sorry i made a little divorce
Have you emailed in all the required documents that is needed to proceed with this case?
Yes, we did email everything.
Thank you.
Please proceed and share your screen.
And screen button at the bottom of the screen.
You need to hit the share screen button.
Share this screen button?
What does he need us to share?
but i guess share the the documents that we have them in the computer right exactly correct
you can do that go ahead which which ones well we begin with the with the path plan
has this has this shed already been built this shed is there for four years when i bought
what i want you to listen to me why don't you show us a picture of the shed okay go ahead
anyone this is this is pictures this is from the back of the property right okay this is that's
the front that's the front of your house in front of the shed there the back of your home that's
the back of the house okay all right show us another photo okay go ahead one by one all the
photos this is from my um from my back of the house a side of the shed towards the back okay
um this is the distance six feet three inches between the property line okay and the shed
go next picture okay um this is the distance between the shed and my um a smaller shed that
was in the property when I purchased, so you have access with the pickup truck to go on the back of
a property if it's any cleaning or anything like that. Right, okay. It's the same. All right.
All right, and you went to the Greater Busselton Civic League? Yes, I did. And you made your
Yes, I did.
And you made your presentation, right?
presentation, right? Yes, I did.
Yes, I did.
Okay, and they were in favor of you?
Yes, they were in favor.
13, that one.
Which one?
Yeah, you have a, bring it up over here.
Which one?
Close this one, and one by one go.
I don't know which one it is.
No, that's your revised plan form. Okay. Yes. No, that's true. You can bring that one. That's this. That's the no, no. Yeah. It might be there.
there's the meeting summary second at the end it's here chris see it rca meeting summary
we're looking for apologies
it's it's all like this this is the one i don't know how to okay all right okay
what's your vote 13 to 1 16 the three okay thank you thank you very much
questions from the board no mr chairman no chair um questions or comments from our attorney hillary
emerson not at this time mr chair questions or comments from the virtual audience
no hands chair planning commission thank you chair bergman and good morning david effecto
f-e-c-t-e-a-u with the city planning commission what was it oh he's with the city plan do you
swear or firm to tell the truth the whole truth and nothing but the truth yes please proceed let
this man testify go ahead proceed thank you mr chairman uh um chair and members of the board the
comprehensive plan recommends no change to the residential single family detached zoning at this
location the appellant seeks a dimensional variance related to legalizing a shed the side
yard is approximately half of what is required by the code this is an unusually deep and narrow lot
and although the shed appears to have been built without the benefit of permits it is not a
habitable structure so the granting of this dimensional variance will not injure the use
of adjacent property and so the city planning commission recommends the board grant the
proposed dimensional side yard variance thank you mi 2022 005 179 95 68 wally avenue i vote yes
thomas holliman my vote is yes
gang snell my vote is yes
if you do that one more time we can't we'll hardly hear you
Thank you. Sir, you have your votes.
Number 10, MI 2023-001-803-5644 Pine Street.
Daniel Muckiewicz is the attorney for the owner.
There's a letter of non-opposition from Cobbs Creek Neighbors Association, and we also
have comments from Councilperson Gauthier.
Daniel Malkiewicz is promoted.
Good morning, Chair.
I'm sorry, Chair.
It looks like they declined to be promoted.
Daniel Malkiewicz.
I promoted him.
My apologies.
You hear me?
Yeah, good morning.
Good morning.
Could you state your name, please, and spell for the court stenographer?
Good morning.
My name is Daniel McClevage.
My last name is spelled M-U-K-L-E-W-I-C-Z.
I'm here today on behalf of the appellant Chestnut Street Enterprises.
My client is here with me today along with the proposed builder of the property.
All right.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
And our vice chair has just a few questions, sir.
And I would note, too, that there's no opposition, non-opposition from Cobb Street Neighbors Association.
And I would note, too, that there's no opposition, non-opposition from cops, Greek neighbors.
Yes. And if I'm unable to answer the questions due to any technical nature, the builder is here.
Okay. So our vice chair has a few questions.
Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, 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?
Yes, with the exception of the RCO, Letter of Non-Opposition, I received that just yesterday, but I did provide it when received.
No problem.
Please proceed and share your screen.
All right.
Now, should I, I can, I'll share my screen and I'll run through the exhibits with the board.
You're on.
We're here today.
My client intends to erect a semi-detached structure with a roof deck.
It's intended uses as a single family home.
So what we're seeking is a variance of the zoning code, which requires an eight foot side yard, as well as the requirement that there be a designated parking space for this for this property.
This is in the zone of RSA three. As you can see, my client is the is the record owner of the property, which he purchased in 2020.
Uh, this is, uh, it's an LLC, uh, court's indulgence, uh, as you can see, my, I provided the requisite tax, uh, clearance certificates, um, more recently, I provided one, uh, uh, with submission, uh, that you can see that the tax clearance is valid through November 13th, 2023.
I had my client posted the zoning notice upon receipt.
You could see that the timestamp date of September 11th, 2023.
You could see up top is the zoning notice and below is the refusal.
As you can see behind the zoning notice, this is my client's property.
It's currently a vacant lot, which is on the right side is a is a property.
And on the left side, you'll see in greater detail and pictures to come that there is another property.