when they go empty it but then we put it back gotcha and that's commercial trash right now
yes three times a week gotcha and then um estimate how far that trash uh bin is from
the neighboring property
lord i'm 50 feet at least i i mean it's it's at the back so it's at the farthest point
yeah and in terms of the train volume um you work there right yes i mean the train
shakes the building it is pretty loud you can hear it um i mean you definitely hear it when
the horn blows at times um that's great that they don't but we definitely do okay and both
your property and chasing property do to directly border the train tracks yes and then you you've
invested since since moving into this property substantial sums of money uh yes building
structure yes substantial sums of money to get the building up the building was a bit of a mess when
moved in so yeah gotcha and how much how much would you estimate you spent uh in building
improvements probably 80 to 100 000 dollars um i don't think i have any further questions at this
time are you through i had no further questions okay thank you um questions from the board
no chair mr chairman um questions or comments from the virtual audience could
yes proceed yes chair i have uh three hands up now and the first one is sarah fluke
okay how many hands do you have up um three more after miss fluke miss fluke okay proceed
Hi there. Good afternoon, everybody.
Hi. Could you state your name, please, and spell for the court reporter?
Yes. My name is Sarah Fluke, S-A-R-I-H-F-L-O-O-K.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Are you a neighbor?
Yes, I am. I live at 102 Rochelle Avenue, so I'm next door to Paul Toner's clients.
Okay. So are you in favor of this project or against it?
Yes, absolutely. In favor. And I'm here to represent the community. I just wanted to draw attention to the support that was facilitated that you have in front of you with, I think, 48 people in favor of the little white doggy daycare.
You know, just in summary, when I moved into the neighborhood, I bought my property a year and a half ago.
One of the main reasons I bought my property, which is a triplex, is because this is a massive dog loving community.
Every other house has a dog in it. My own house can have up to five dogs. I have a dog. My tenant has a dog. I foster dogs and my Airbnb can have up to one dog. So there are dogs all over the neighborhood.
The business has been running very successfully. There are no smells when you walk past. In fact, potentially any could come from my building or my noise. But, you know, I have great sympathy for Catherine and Andrew and the fact that they, you know, don't like dogs, but we are in a community with a facility that employs local people, is female owned and gives back to the community.
They also do voluntary work with ACT and they're very embedded in our community and they're very beloved.
So I just wanted to come on. I'll keep it brief, say the community are in support and we really hope that the variance is granted.
say the community are in support and we really hope that the variance is granted because it's
thank you thank you very much for your input who else is in the audience
do we have another hands up yes chair we have a caller phone number ending in 8793
okay i could you state your name please and spell for the court reporter
please unmute yourself
caller phone number ending in
you state your name please
star six
mute yourself
hi could you state your name please
all right let's move on who's next
next we have Kenzie Black
Kenzie Black. Can you hear me? Yes, I can. Could you spell your name, please, for the court reporter?
Yes, this is Kenzie Black, K-N-Z-I-E, last name Black, B-L-A-C-K. I'm also a neighbor.
Hold on, hold on, hold on. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Are you a neighbor?
Yes, I'm a neighbor, and I also work here at the daycare, as well as half of our staff here is in the neighborhood.
And you're in favor. Obviously, you're in favor of it.
Yeah, I just want to clarify some things.
Again, with the pictures that were shown, those people that are doing the dog training, those aren't daycare clients.
That's also not a regular thing.
I would also like to say that the yard that was shown we haven't used that side yard in probably
two years so that was a very old video um I just want to clarify that we only go outside
um between the hours of like 11 and 12 and for that brief hour and the dogs are mostly inside
um I did send Alan actually a bunch of videos um of what it's like being a near neighbor going in
out of the daycare and what it sounds like. Okay. If that is helpful at all. Okay. Well,
thank you very much. We have a couple other people want to try to get on and I, we understand
where you stand. Thank you. Thank you very much for calling. How many other hands do we have up?
Just one more chair, Mike Stoller. Okay. Hi, sir. Could you state your name and spell for the court
reporter oh he disappeared okay all right uh no other hands um yes another one just came up chair
uh candy mcdow okay could you state your name please and spell for the court reporter
yes hi my name is candy mcdowell c-a-n-d-i-m-c-d-o-w-e-l-l okay do you swear or affirm
to tell the truth the whole truth nothing but the truth yes are you are you a neighbor and are you
in support or against i am in support i am not a neighbor i am a client of little white dog okay
all right and i just wanted to point out a couple of things i have been bringing my dog there for
she's not a neighbor she's a customer she doesn't have relevant testimony so so we understand
you're for it we i think we understand you don't have to testify any further okay but we we heard
what you said is there anyone else yes chair mike staller is back mr staller please state
your name and spell for the court reporter
Mr. Stoller.
OK, I'm going to go to the I'm going to the planning commission.
This is Ron Bednar, city planning
property.
Brian? One second. Got it. Okay. The property is currently split zone for both residential and commercial use on the city plan, given the physical conditions, documented use history, recommended request for variance be granted.
I'd like to ask Mr. Bednar a couple of questions.
Please try to make it quick. Ron, go ahead. Take a question.
okay uh mr bennard you've seen the refusal for this application correct yes
and you've reviewed
And you've reviewed the zoning map available on Atlas for this property, right?
Correct.
And the zoning map shows that this property is entirely zoned RSA 3, correct?
It is currently, yeah, there is a portion of it, though, that I believe is still in CMX 2.
And according to our maps, actually indicate that also.
So you say you believe, can you please show us what part on an official map is zoned, anything other than RSA3?
I would defer to, you know, what I've actually looked at actually on the file on this.
And actually what I've seen is, again, it splits on.
Yeah. So can you just show us on your screen?
can you share the screen? All the official documents that have been produced in this case
all show that this is an entirely zoned RSA 3 lot. Okay. I can't do that right now, but
I can get that information to you if you need that. Mr. Berman, can I share my screen?
Go ahead. We know what your screen says. And Mr. Bednar, the Planning Commission
opposed this application for a kennel use back in 2019, correct?
That's correct.
And you actually were the one who testified on a record that you were opposed to this.
That's right.
Has anything changed with the use?
Have they discontinued any part of the kennel use that would cause a change in your opinion?
It has not changed.
Basically, what has changed is a business has been established and has a record.
And, you know, the record so far has indicated that, you know, we have, you know, seen that this particular use has been dafted there, and that's basically it.
I mean, at that time, we were in opposition to it.
So, Mr. Bedard, you're very familiar with the zoning code.
What provision of the zoning code authorizes the grant of variance because the use is popular with some near neighbors?
I'm going to object because now it's going into a legal opinion.
I think he's testified. Mr. Turner, if you disagree, you disagree. I think we've got to end this line of questioning.
Mr. Bergman, I simply would like to know for a representative of the Planning Commission who's opposed almost every property and project that's been submitted today on the basis of a lack of an unnecessary hardship.
I would like to know what is unnecessary Harchman's case.
So I think what Ron testified to is that this is a property that's had a history that a majority of the people seem to be very happy with.
I think that's what changed his mind is what he's saying.
Not only that, but it's also been established.
There is a business already, and it is a daycare boarding and grooming, as was indicated and put on testimony.
So, again, you know, whether I was in opposition back then and the current situation is that.
And I would like to point out that Mr. Toner referenced there was an order to remand back down for the original application.
Mr. Toner had the opportunity to pursue that. And he and he decided for whatever reason not to do that, which created an established use for this property.
Absolutely. So, Mr. Turner, let me finish. So, if anything, his failure to object to that use over the course of years has created a situation where this planning commission has found that the established use has established the burden necessary.
Okay. Mr. Turner, do you want to respond?
Yes. The plain language of the November 2019 order says the matter is remanded to the Philadelphia Zoning Board of Adjustment for the purpose of completing the record by allowing applicant Little Dog White Daycare to submit such additional evidence as deemed appropriate on the issue of unnecessary hardship.
the order was for applicant
Mr. Knockelson's client
to request and conduct
a meeting and provide
the evidence of record on the
unnecessary hardship which was not done in this
I'm going to
end the conversation right now
here's where we're going to be
we're going to take this under consideration
we're going to meet in an executive session
we'll go over every detail we can with it
We'll go over every detail we can with it, and we'll have an answer for both of you next week
and we'll have an answer for both of you next week
Thank you.
at the two o'clock meeting. We'll vote on next week in public at two o'clock.
Thank you, Mr. Warren.
And thank the both of you. Is there anyone whose case has not been called
on the 2 p.m. list in the virtual audience?
I see no hands, Chair.
Okay, we're going to take a five-minute break, then we're going to come back and
we're going to get through the 3.30 list. Thank you, everyone.
Good afternoon. My name is Bill Bergman, and I will be chairing the GBA 3.30.
30. Here's our virtual format. With us is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman. Our Board Member, Thomas Holloman.
Present, Mr. Chairman. And our Board Member, James Snell.
Present, Chair. Also present is Hillary Emerson, our attorney,
and our Executive Director, Tanya Sunken. Here's our virtual format. Be advised the
proceedings are being recorded. The video will be available by contacting TanyaSunkett at
philip.gov. For the benefit of our court stenographer, we ask attorneys and witnesses
to identify themselves before testifying. If you're participating by phone, if you wish to
testify, press star 9 to raise your hand and star 6 to unmute. To enter an appearance statement,
can call 267-270-5548. Leave your email and the 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, Tonda Sumter. Let's look at our continuances
on the 330 list. Number two, MI 2022 007189 1225 South 45th Street. This case is continued
attorney moving party. Number four, MI 2022 007 225 6644 Linford Street. This is a request for
continuous. This case is continued. Number five, MI 2022 007 183 1220 South 45th Street. This case
is continued attorney moving party. Number six, MI 2022-007-188-1226 South 45th Street. This case
is continued attorney moving party. Number seven, MI 2022-007-191-1218 South 45th Street. This case
is a continued attorney moving party. Number eight, MI 2022-007-191-1218 South 40 Fish Street.
This is also a request for continuance, attorney moving party. Number eight, MI 2022-007-061-315
North Preston Street. This is a resumptive hearing in this matter has been rescheduled
to Wednesday, June 7th at 9 30 a.m. Number nine, MI 2022-007-037-431 North 41st Street.
The resumptive hearing in this matter has been scheduled, rescheduled to Wednesday, June 7th,
9.30 a.m. Number 10, MI 2022-007-180-1216 South 45th Street. This case is continued. Attorney
moving party. And number 12, MI 2022-007-186-1248 South 45th Street. This case is continued. Attorney
moving party. Are there any other requests for continuances? I see no hands, Chair. Okay,
we're going to go to our regular list. Number one, MI 2022-007-133-1330 Ellsworth Street.
General Basilio is the attorney. Letter of Opposition from Passion Square. Civic Association
letter of opposition from neighbors in the 1300 block of Ellsworth.
Applicant has provided 15 form letters for support from the neighbors.
Ms. Jennifer is coming back in as a panelist.
Okay. You've already been sworn in once today. Just state your name for the record, please.
Sure. Jennifer Vizitlo, B-A-Z-Y-D-L-O. Could you identify your client,
their relationship to the property? Sure. My client is the owner of the property,
Stephanie DeCleric. Okay. And our vice chair has a few questions. Great.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed in all the documents and exotics that are needed to proceed with this case five days in advance of this hearing?
I did.
Thank you. Please proceed and share your screen.
I have one other question before you start. How many units are currently approved in an existing structure?
It's zoned for single-family use, but the plans show four units.
Correct. It was approved for a two family dwelling in 83 and was refused three dwelling unit in 2007.
No indication if or that was a ZBA decision. How many units in the building?
So there's currently three units that are fully built out and there's a fourth unit that's like doesn't have a bathroom or anything like that.
And I think it was previously used as an artist studio.
It's zoned for single family dwelling?
Correct. But my client purchased it in the state that it's in. She did not subdivide any of the any of the units.
Okay. All right. Start your case.
Okay. All right. So, like I said, I'm here today on behalf of the owner, Stephanie Cleric.
I have submitted a packet and I'll just briefly go through some of the exhibits here.
We have the refusal, one refusal for visitor accommodation.
um the project information form deed showing ownership my client purchased this property
in 2021 um showing that taxes are paid this is the letter of opposition five to one