ZBA Hearing - October 28, 2020

And we sent the supplemental on Monday.

If I may briefly, we were waiting for the Mill Creek Playground RCO to send us the letter, so we decided last week to put the RCO letter, but we decided last week to send it anyway, so we would not have this issue today, so that we could prove that we sent it prior to the five days.

However, on Monday when we did receive the Mill Creek playground approval letter and the tax clearance, we sent both of them on Monday

And then today we sent it again just in case there's an issue

So I do understand that you have it today

I'm hoping that you have everything that we've sent to both submissions and we will be able to proceed with a very quick, probably easy presentation

Okay, but I'm just putting on record

that we did not receive it

timely. If you can send the

email to show

forward the email that you sent

already

then we'll have that on record. However

what I see that you email

is for the planning

commission. Then what you email

as supplemental documents

Sharon and I both receive.

So this has happened in the past.

So that's why I'm making sure

it's on record that

we did not receive the documents timely. But Chair, it's your call.

Thank you so much.

Is there, could you show us, as Ms. Sunkit just mentioned, what you sent out this morning?

Do you have any electronic, something that you can show that you actually sent it out?

Yes, sir.

This morning?

No, from five days ago.

Well, you said Monday and then this morning, correct?

Yes, sir. It's actually about four times we sent two different packets. The initial packet was sent last Friday, and we have proof of that we could forward that to you right now. And we also sent the supplement.

that we have proof for that we could forward that to you right now and we also sent the

supplemental on monday because at that moment we received the uh rco letter and uh fax clearance

um then today we sent them both again uh we can prove that we sent it on i only sent it to the

blatant commission my apologies

mr lambert yes sir we're we're simply asking if we could uh

Mr. Chairperson, Chairman, if we could proceed with what we have, if you if you have satisfied

with what we've submitted. We can provide additional proof, but I didn't want to hold

you up because we have everything together now and we've submitted that.

Thank you, sir. Do we need

um we have everything we have everything now it's the board's call i think um mr lambert

has acknowledged that the submission on friday only went to the planning commission

he did resend everything today we apologize all right tanya okay i'm fine chair it's totally your

call okay thank you let's move forward with the case thank you so much yes sir uh moving forward

just make sure that the documents are submitted like you know it said you know five days prior

to this hearing okay we don't want to continue making a habit you know what i mean kind of

no sir absolutely okay thank you absolutely not sir thank you so much please proceed thank you so

much sir uh again uh as i said earlier uh this we'll ask the panel or the board rather to approve

our request to allow a, this is a three-story house, and we're actually, when my client purchased

the property, it was divided into two units. The first floor is a one-bedroom apartment

with a one-bedroom kitchen bath, and the second floor and third floor is another unit altogether.

The second floor, as you'll see, has a living room, kitchen, bathroom, and one-bedroom,

and the third floor has two bedrooms and additional bathroom. My clients have other

properties where they have created Section 8 and specifically for veterans, and that's what

they're trying to do here with this particular property. As the board will see from the plans,

that third floor does encompass the two bedrooms and as well as the bathroom. And as a second floor,

as I said earlier, it consists of one bedroom, a living room, kitchen, and one bathroom. So the

second and third floor are one unit, which has two bathrooms and three bedrooms. And the first

floor has a one bedroom. Based on that, we have submitted the tax clearance, we've submitted

photographs of what was done prior to my client purchasing the property and was also submitted

a copy of the Mill Creek Playground Advisory Council's RCO approval letter.

I don't want to take too much of the board's time.

I've done it already, so I don't know if there's any specific questions the board has for me

at this time.

and one last thing uh i wanted to also advise that um there are multiple properties in this

neighborhood specifically on this block uh that have two or sometimes three units in each

property because of the shortage of housing um and we're trying to make uh with the board's

approval, of course, an opportunity where we can provide low-income housing for Section

8 folks, specifically military, as I said earlier, and that's what we're asking the

panel to approve. Thank you, sir.

Questions from the board?

No doubt.

is there anyone who would like to testify in this case if so please raise your hand

here i have a rachel rachel you can unmute yourself and wait to be sworn in

good afternoon ma'am please identify yourself with the records name and address spell your

full name for the stenographer hello my name is rachel can you hear me try that again my name

is Rachel Janos. I'm trying to. Do you have any other devices on? I just have a headset because

my speaker on my laptop does not, it does not work on. A little bit of static. Give us,

try it out. Spell your first and last name. First name is R-A-D-H-A-E-L. Last name is L-L-A-N-O-S.

Last name is L-L-A-N-O-S.

I remember they get that.

Can you get that? Hold on one second.

Sonographer, can you get that? Thank you.

Your address, ma'am?

871 North 50th Street.

We're going to affirm to tell the truth, the whole truth, and nothing but the truth?

Yes, I do.

Please proceed.

Okay, I'm just calling for the concern.

Now, this is going to be turned into a multifamily, or was it originally a multifamily property?

My main concern is the parking. Parking is at a minimum right now on 50th Street on both sides.

I've been trying to get the city because there's an empty lot by 871.

And I've been trying to get the city parks and recreation. I have multiple emails trying to get them to remove the tree so that it would ease up the parking.

but i feel as though with each home on that street one car parking is pretty much the minimum and

with the school being on the corner parking is going to be astronomical if it's turned into a

multifamily dwelling thank you thank you anyone else would like to testify in this case if so

please raise your hand that's all we have chair thank you planning commission

good afternoon chairman members of the board ian litwin planning commission staff

this property is indicated for single family residential use in the city's comprehensive plan

and zoned accordingly opposed use is inconsistent with the long-standing single family zoning in

mill creek accordingly we are opposed to granting the variance thank you i just have a question for

Mr. Lambert, I think you, in your testimony, you said that the work had already been done?

No. I'm sorry, sir.

I misunderstand.

No, when my client purchased the property, it was already divided into the two units.

There were electricals, and we went through that with our photographs. There were two electrical

panels it's wide when my client purchased the property everything was already set up

he purchased in the middle of construction or whatever they were doing prior to my client

purchasing it and when he purchased it it was already put together as a two-unit facility

he was not it was in the process of being converted no it had already been

your photographs look like there's a lot still construction going on unless i'm missing i'm not

reading that right well it has already been divided the property has already been divided

what what is left is cosmetic would be like painting the drywall putting the drywall uh

doing the painting the drywall doing the floors but the majority of the work was already done

which is one of the reasons why he purchased it because he has additional properties that he

already has a section aid for so show i'm sorry for interrupting you show us the photographs

of that basement again yes sir thank you for your patience

so you see the floor is needed the walls need to be painted yeah well it's ongoing construction

is what I'm asking. I'd like to see the utilities. There it is. So when my client purchased it,

it was already divided or subdivided from one single family to two units. Two electrical power,

go back, go back. That one hot water heater? Two. Go back to the water heater, please.

Where's the other one? There's two pictures. This is what we talked about earlier.

there are two separate water heaters

there are two separate

pictures, go back to the water heaters

and again, when did your client

purchase this property?

they purchased it about a year ago

March 25th

2019

and they have been trying

to get this process going

since sometime last year

I was brought in earlier this year

Okay

Alright

This is how it's been

And this is how they purchased it

And they purchased it believing

That everything is okay

And at that moment

When they realized that it was not okay

They couldn't get it

That's when they hired me and everybody else

And that's when we were able to look it up

And see that they could not

Proceed without the zoning

And that's why

we said okay let's just follow the zoning because yes sir all right again uh any questions from the

yes sir all right again uh any questions from the board i think i already asked but

board i think i already asked but any questions

any questions no no thank you all right mi-2020-001177 865 north 50th street

my vote is yes my vote is yes my vote is yes my vote is yes

okay thank you thank you so much uh mr chairperson and ladies and gentlemen of the panel

for the board mi 2020 dash 000 848 4457 main street

did you skip over some or no uh i believe number seven right

that was number five six was continued

it might be me hold on

i don't have number seven here

tanya is this the right case we're pulling up

um let me check i don't know if that was we that is the next one number seven

I believe it's continued. I'm sorry.

Was it continued?

Yeah, I think we go to number nine now.

Number nine.

Thank you, Frank.

Yes.

Number nine, correct?

Yes.

Okay, thank you.

2020-001-283-4705 Ridge Avenue.

this is Sharon Saleta I want to note we have um the RCO supports the proposal with a proviso

stating no outdoor events with amplified music we also have a letter of support from councilman

Curtis Jones board I have promoted um attorney Gregory Halimiak for you to swear in good afternoon

sir please identify yourself with the records by your name and address good afternoon mr chairman

and members of the board and staff gregory heleniak last name h-e-l-e-n as in november i-a-k

2005 market street 16th floor philadelphia pa 19103 here on behalf of wisseg and brewing company

i believe tim gill is also on the line if he can be recognized he is the owner and operator

Okay, we'll get to him shortly.

Do you swear in the firm to tell the truth, the whole truth, and nothing but the truth?

I do, Mr.

Thank you.

So you proceed with your testimony, and Mr. Confessor has some questions for you.

Do you agree to wait to read in of his refusal and stipulate to his accuracy?

We do.

Also, have you emailed an exhibit packet with the required documents, proof of ownership,

proof of tax compliance, copy of the refusal, or referral, photos and plans five days prior

to this hearing?

Yes, we have.

Also, have you met with the RCO and have a letter?

Yes, we met with East Falls Community Council and have provided a letter within our submission packet.

Thank you. Please proceed.

Thank you, Mr. Chairman and members of the board.

As I said, I'm here on behalf of Wissick and Brewing Company, the owner and operator,

which Tim Gill is also available today, as well as our architect, Ian Smith of the Ian Smith Design Group.

I would ask that our submission packet be incorporated into the record.

We're here today for two reasons. The first is that the uses on the

reflect on this refusal with the exception of the personal service use for yoga programming

were subject to the 2016 application that was made on for this property and should have been

considered approved we have found a discrepancy with lni's review of this file and we're here to

correct that understanding additionally there is no definition for the modern brewery