civus
Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

l and i records the the current use of the space um is a recreation space not a classroom space

Similar wording

so we just want to make sure all of the the fire code um requirements are being met um but we have

Similar wording

no objection to to this use moving forward thank you very much anyone else that would be all chair

Similar wording

planning commission this follow-up burns with the planning commission this property is indicated for

Similar wording

residential use on the comprehensive plan. Because it has a history of a long-standing

Similar wording

church with what was probably Sunday school classrooms, we have no objection to the granting

Similar wording

of the variance. Thank you. MI 2020-000722, 5900 North 5th Street, my vote is yes with

Similar wording

the proviso. A certificate of occupancy is to be obtained within nine months. Yes with

Similar wording

proviso yes with proviso okay um that concludes the two o'clock list anything left off of the

Similar wording

two o'clock list sharon and endorse tanya no chair we ready for the next all right i'm sorry

Similar wording

did we complete 100 herman street yes it's number 14 sorry yes yep no problem good does anyone need

Similar wording

a break uh yes i'll take a short break okay we'll be back in less 10 minutes we'll be back in 10

Similar wording

minutes thank you okay do we need to wait no my name is frank d chico i'm the chair of the zoning

Similar wording

board of adjustment i'll be participating in today's hearing along with our board secretary

Similar wording

Mr. Confessor Plaza and Board Member Mr. Thomas Holloman. Board Administrator Tanya Sunkit and

Similar wording

Board Attorney Sharon Saleta are also in attendance. For those of you who haven't

Similar wording

yet participated in our virtual hearing, I'll go through some of the basics of what you can expect.

Similar wording

First, we will be administering oaths to individual participants prior to their testimony.

Similar wording

Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

Similar wording

identify themselves prior to speaking or testifying. Third, we'd like to advise everyone

Similar wording

that this proceeding is being recorded and that by participating you acknowledge your agreement

Similar wording

to be recorded. Fourth, for anyone participating by phone, if you wish to testify, you must raise

Similar wording

your hand by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone

Similar wording

participating by phone if you wish to testify you must raise your hand by hitting

Similar wording

If you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

Similar wording

Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

Similar wording

I'll repeat that also.

Similar wording

to enter an appearance statement call google 267-270-5548 and leave your email address

Similar wording

and the address of the property at issue with that said we can begin but before mr plaza calls

Similar wording

the first case we'd like to ask if anyone is requesting a continuance or withdrawal of an

Similar wording

appeal listed for this afternoon's hearing please raise your hand and in the meantime we've been

Similar wording

given notice that on mi-2020-000558 that's number two on our sheet confessor 1455 spark

Similar wording

street is being withdrawn and there's a request for a continuance for mi-2020-000853 231

Similar wording

Shurs Lane, S-H-U-R-S Lane. If anyone, if there's an attorney or an applicant present

Similar wording

for any of those two cases that I called out that you disagree with, a continuance or withdrawal,

Similar wording

please raise your hand. And as I said earlier, if anyone is requesting a continuance or withdrawal,

Similar wording

please raise your hand at this time also. So can we first have anyone for those cases raise their

Similar wording

James Lane and Sparks. Anyone in those cases? Anyone object to continuance or withdrawal?

Similar wording

Okay, now if we can ask for anyone with other continuances or withdrawals, now raise your hands.

Similar wording

We have Joseph Vaccaro.

Similar wording

Yes, good afternoon. Can you hear me?

Similar wording

Yes, please identify yourselves by your name and address. Give us your name and address for the record, please.

Similar wording

Certainly. My name is Joseph Vaccaro, V-A-C-C-A-R-O, attorney ID 83366, address 5918 Torresdale, T-O-R-R-E-S, D-A-L-E Avenue, Philadelphia, 19135, attorney for 2346 North 8th Street. It's number five on your list.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Please proceed.

Similar wording

This is a request for continuance.

Similar wording

Okay. Calendar number MI-2020. That's 000711-2346 North 8th Street. Is anyone objecting to the continuance of that case? If so, please raise your hand.

Similar wording

i have slung folks are you

Similar wording

speaking to this case no ma'am not this case hold on no other hands chair no other hands

Similar wording

anyone else requesting a continuance or withdrawal please raise your hand

Similar wording

okay we have slung folks for

Similar wording

mr folks good afternoon again chairman de chico and yeah i'm sorry please identify yourself you're

Similar wording

you're still sworn in yes sir my name is sloan folks um councilman maria canyones sanchez room

Similar wording

508 City Hall

Similar wording

19107

Similar wording

I have two issues

Similar wording

my first is

Similar wording

we received a letter

Similar wording

from the attorneys

Similar wording

for

Similar wording

MI

Similar wording

202000

Similar wording

139

Similar wording

167 West Susquehanna

Similar wording

Street for a withdrawal

Similar wording

of that case

Similar wording

just hold on

Similar wording

request for withdrawal for

Similar wording

167 west susquehanna avenue this is sharon seleta we also received that okay that case is withdrawn

Similar wording

so i'll read it back into the record mi-2020-000139 167 west susquehanna avenue is withdrawn

Similar wording

My second issue is MI-2020-000241-1227.

Similar wording

No, I'm sorry.

Similar wording

That's incorrect.

Similar wording

That's incorrect.

Similar wording

I apologize.

Similar wording

No problem.

Similar wording

MI-2020-000365-1065 East Erie Avenue.

Similar wording

We have not heard from either the coordinating RCO or.

Similar wording

We have not heard from either the coordinating RCO or the representation for the appeal, variance appeal.

Similar wording

If they are here and they met with the RCO, we'd allow that to go on.

Similar wording

But if they're not here and if they haven't met with the RCO, we would request a continuance.

Similar wording

This is Sharon Saleta. The attorney in this matter is Justin Crick.

Similar wording

Mr. Crick available.

Similar wording

Yes, I am. Yes. Members of the board, we did meet with the Juniata Park Civic Association.

Similar wording

Mr. Crick, just may interrupt you for a minute. Would you please identify yourself, spell your first and last name?

Similar wording

Yes. Justin Crick, K-R-I-K. My address is 1500 JFK Boulevard, Suite 630, Philadelphia, Pennsylvania, 19102.

Similar wording

And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Yes, we met with the Juniata Park Civic Association last week, and we did obtain their support at that time.

Similar wording

The head of that RCO did indicate she was aware of our zoning date and indicated that she would send the appropriate letters to both city council's office as well as to the board.

Similar wording

Given the short notice, I believe it was the intent for her to send them directly there.

Similar wording

We would hope that we would not need a continuance, but I can represent that at that meeting, we did have support from the RCO.

Similar wording

Cameron, do we have anything in the file?

Similar wording

It'll take me a minute to find it if we do.

Similar wording

Sure, sure, sure.

Similar wording

Mr. Folks, I know you testified, but I just want to make certain you have not received

Similar wording

anything from the RCO.

Similar wording

Unfortunately, no.

Similar wording

we put a phone call and an email into their uh uh their uh president kate clark last week and this

Similar wording

week um i know she had an operation a while ago i don't know if she is still unwell or has going

Similar wording

undergoing some has some ongoing issues but we'd be we'd be other the counseling would be satisfied

Similar wording

if you would hear the case and hold off until you received a letter from uh the rca thank you this

Similar wording

And Sharon Saleta, I haven't received anything.

Similar wording

Understood.

Similar wording

This is Justin Crick.

Similar wording

I am very willing to go forward and then contact the RCO for their letter of support subsequent, as opposed to postponing this hearing.

Similar wording

Okay.

Similar wording

We will hear the case.

Similar wording

So, confessor, we'll read this one in.

Similar wording

MI 2020-000365, 1065 East Erie Avenue.

Similar wording

Mr.

Similar wording

Sir, you swear or firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

So we would have to wait a second.

Similar wording

Oh, okay.

Similar wording

Yes, I am here.

Similar wording

Are we ready, Tony?

Similar wording

Yes, confessor.

Similar wording

You can go forward.

Similar wording

You agree to wait to read in of its refusal and stipulate to its accuracy?

Similar wording

Mr. Crick?

Similar wording

Yes, members of the board.

Similar wording

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

Similar wording

yes i do thank you have you emailed an exhibit packet with the required documents proof of

Similar wording

ownership proof of tax compliance copy of the refusal order for photos and plans five days

Similar wording

prior to this hearing yes i have have you okay you may proceed thank you um members of the board

Similar wording

this is a matter uh involving the property at 1065-71 east erie avenue uh the property is a

Similar wording

bar and basically banquet hall. We are seeking an application for the banquet hall. This is a

Similar wording

referral to include music and live entertainment for more than 50 people. I'm going to share with

Similar wording

you the outline of this case. As with the refusal, referral, I apologize. Basically, this bar, JJ's

Similar wording

uh referral i apologize um basically this bar jj's cafe has been operating in this neighborhood

Similar wording

at this location for uh several years over a decade and more and my client has owned it since

Similar wording

2008 um there is just recently the concern that their ability to have a dj there and some music

Similar wording

has triggered the uh the need for this special license and the and the referral so i just want

Similar wording

to give you some perspective just to go through the documents very briefly. We have the refusal,

Similar wording

which was strictly limited to the special exception approval requirement. The deed will

Similar wording

show you that the property is owned by two individuals, Jose Sanchez and Maria Diaz.

Similar wording

Ms. Diaz is with us today on the call. Following the deed, just to give some perspective,

Similar wording

JJ's Cafe is located at Erie and J Street in the Juniata section of Philadelphia. And from a

Similar wording

satellite view you can see that Erie Avenue is basically a lot of non-residential uses on the

Similar wording

what I believe to be the south side of it and more commercial with residential use behind it

Similar wording

on the north side of Erie based on this layout. Some perspective again is right here the corner

Similar wording

of the property on Erie and across the street from the from the location another angled view

Similar wording

of the street. And then what is more important is I'm about to show you some pictures of the inside

Similar wording

other than the zoning poster right here. So this is the location that we're seeking to put or have

Similar wording

the live music and entertainment, mostly for private banquets, but to allow some of the

Similar wording

patrons to basically hear the live music. Interior photos continue. And if you'll take note,

Similar wording

there's basically a spot right here that I believe the DJ was and or will be going forward.

Similar wording

And then finally, simply a tax clearance certificate for the other owner. The property

Similar wording

seems to be listed under his name and not his spouse's name. But we have met with the RCO.

Similar wording

We've addressed their concerns regarding after hours complaints, which there haven't been any,

Similar wording

but they just wanted to preempt the situation. We have also incorporated security measures to

Similar wording

make sure that we take care of the neighbors with security staff on board. The property

Similar wording

is sufficient to handle the number of people that are requested on the permit

Similar wording

with the license. And again, the only other issue that we had at one point was some parking,

Similar wording

But as we discussed with the neighborhood, we believe there's ample parking up and down Erie Avenue for the project.

Similar wording

There was no opposition and no provisos necessarily placed on at the RCO meeting.

Similar wording

And so we believe that the referral should be granted.

Similar wording

Thank you.

Similar wording

Do you have a question you'd like to put on?

Similar wording

Yes, I do.

Similar wording

Ms. Diaz, if you're available and you're able to speak, or once you're let in.

Similar wording

No one has raised their hand.

Similar wording

I believe she was calling in on a phone.

Similar wording

So I can make sure that she's back around.

Similar wording

She was here at the 3.30.

Similar wording

Ms. Diaz, are you on the call?

Similar wording

We can't hear her.

Similar wording

They have to let you in.

Similar wording

What is the phone number you're calling from?

Similar wording

667-971-1558.

Similar wording

Is there a phone number ending in 1558 on the call?

Similar wording

Been unmuted.

Similar wording

They've been unmuted, okay.

Similar wording

hello just to press star six so yes please press star six to unmute yourself okay can you hear me

Similar wording

now barely you have to speak up so she has to press that on the device that she's using for

Similar wording

the zoom sorry yeah if you can hear this miss diaz please press star six on the device that

Similar wording

you're using for the Zoom call?

Similar wording

I will, what I will do is I can have her on speakerphone at my location, if that may

Similar wording

be acceptable.

Similar wording

hello yes miss diaz good afternoon miss diaz if you can hear me please identify yourself

Similar wording

for the record spell your first and last name

Similar wording

maria diaz m-a-r-i-a-d-i-a-c there's another device that's on that's causing

Similar wording

feedback. We're getting an echo.

Similar wording

Is that better?

Similar wording

I can hear you.

Similar wording

Why don't we do this?

Similar wording

Why don't we make light, please?

Similar wording

As an officer of the court, we'll

Similar wording

stipulate that your client would adopt

Similar wording

your testimony as being true and correct.

Similar wording

All right? Thank you.

Similar wording

All right. Questions from the board?

Similar wording

No.

Similar wording

No. Is there anyone else

Similar wording

who would like to testify in this case

Similar wording

if so please raise your hand no hands at this time thank you planning commission

Similar wording

good evening chair members of the board ian hegarty philadelphia city planning commission

Similar wording

i need to spell you spell your first and last name and swear you in please yes sir ian hegarty i-a-n

Similar wording