civus
Hearing video

ZBA Hearing - December 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20225h 24m

confusion amongst what was needed. I mean, the RCO may have requested site plans for their own

Similar wording

use, but when you're applying for a duplex use, LNI does not require plans to be submitted with

Similar wording

that application okay all right thank you thank you both um anyone else in the virtual audience

Similar wording

you know further hands mr chair planning commission

Similar wording

thank you chair sarah bond city planning commission s-a-r-a-h-b-a-n-h

Similar wording

the appellant's hardship claim is supported with evidence of prior use of the property

Similar wording

The City Planning Commission recommends that the Zoning Board grant the variance.

Similar wording

Thank you.

Similar wording

So, Hillary, what I want to do is we'll continue this and then we'll see if we can get straight with the RCO.

Similar wording

But I don't want to give it like two weeks because with the holiday season.

Similar wording

Why don't we look for the third week in January?

Similar wording

Is that possible?

Similar wording

Yes, that would be fine, Chair.

Similar wording

Just give me a minute and I'll put a date so we have that on the record.

Similar wording

Give me one second.

Similar wording

Is that okay, Jeffrey?

Similar wording

Yes, sir.

Similar wording

all right um that would be uh january 18th mr chair okay that's that's perfect all right we'll

Similar wording

vote on it we'll vote on it then um pending receipt the record is otherwise closed pending

Similar wording

receipt of a letter from the rco and councilman bass all right thank you very much jeffrey thank

Similar wording

you so let's go back to number four right mi 2022 004 351 1515 porter street vincent dofino

Similar wording

i've made mr dofino a panelist again so okay mr chairman for the record jim snell is uh on the

Similar wording

hearing. Oh, very good, Jim. Thank you, Jim. Mr. Dufino.

Similar wording

I'm here. I'm here. Hi. Mr. Dufino, could you state your name, please, and spell for the court

Similar wording

reporter? Sure. Vincent Anthony DeFino, D-E-F, as in Frank, I-N-O, 2541 South Broad Street,

Similar wording

DeFino Law Associates. Okay. Do you swear or affirm to tell the truth, the whole truth and

Similar wording

nothing but the truth? Yes, I do. Could you identify your client and their relationship

Similar wording

to the property? Sure. My client is Homegrown Coffee and Creation LLC. James Rosani is the

Similar wording

proprietor. They're a business that's been around for about five years. They started out on

Similar wording

Broad and Jackson, and then they moved to another location. And for two years,

Similar wording

They've been at 1515 Porter Street, which is about a block west of Broad Street.

Similar wording

So hold on one minute.

Similar wording

Our vice chair just has a few questions for you, okay?

Similar wording

Certainly.

Similar wording

Hi, Mr. Dufino.

Similar wording

Do you agree to wait the reading of the refusal and stipulate to his accuracy?

Similar wording

Yes, Ms. Tenere.

Similar wording

Hi.

Similar wording

Hi. Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Have you emailed the exhibit packet with proof of ownership tax compliance?

Similar wording

Yes, and yes.

Similar wording

Okay, great.

Similar wording

Okay, okay, okay.

Similar wording

You may proceed and begin to share your screen, which is up.

Similar wording

Yeah, hopefully I could.

Similar wording

And right now, I'm out in Arizona, so I'm having some difficulty with my technical abilities.

Similar wording

And let me try to...

Similar wording

Okay, so there's the lease.

Similar wording

We submitted that already.

Similar wording

The refusal, basically, back to the...

Similar wording

I have to move you guys around or something over here because I can't scroll down.

Similar wording

having issues but um the refusal was because takeouts not permitted it needs a variance

Similar wording

and prepare foods needs a special exception and um basically uh this business has been around

Similar wording

for about five years like i said here's the pictures now i i gotta figure out how to get

Similar wording

these pictures the right way so let me see if i go to page view now of course

Similar wording

uh here you go all right so here's the building uh it's 1515 west porter street this is the

Similar wording

outside of the building now this was formerly how you doing delhi how you doing okay so um

Similar wording

or as we say in south philly how you doing but um it would it was as is for 10 years before this

Similar wording

with the same layout and basically my client moved in there he got his health licenses

Similar wording

food preparation licenses business licenses and everything was dandy and he's it's a booming

Similar wording

little business in south philly one of the biggest booming businesses believe it or not that

Similar wording

that came into the neighborhood.

Similar wording

They do, you know,

Similar wording

real delicacy sandwiches

Similar wording

and fine coffees.

Similar wording

So this is the outside of the building.

Similar wording

And then

Similar wording

I'll get you down to

Similar wording

that's the neighborhood area.

Similar wording

It's about a block

Similar wording

away from my office, actually.

Similar wording

And this is the inside.

Similar wording

So I gotta

Similar wording

flip it around again.

Similar wording

there you go so this is the inside now you get a lot of celebrities come down here

Similar wording

philadelphia phillies uh flyers they come in for the coffee the coffee's excellent the food's

Similar wording

excellent they're a member of the business association at south philly a prominent member

Similar wording

and they do a really good job and uh basically there was no objections from the neighborhood

Similar wording

But here's the plans.

Similar wording

As you can see, it's a front counter, and then there's a cooking area for the sandwiches,

Similar wording

and then there's a storage area in the back that houses the coffee supplies.

Similar wording

Here's the letter of support from the RCO.

Similar wording

There was no opposition whatsoever, and they've been a very good neighbor in the neighborhood.

Similar wording

unanimous support

Similar wording

and then

Similar wording

we sent

Similar wording

everything certified mail

Similar wording

so everybody had notice

Similar wording

and basically that's it

Similar wording

Mr. DeFino, why don't

Similar wording

you have your client come on and adopt

Similar wording

your testimony, okay? Yes, yes

Similar wording

James, are you available?

Similar wording

Can you raise your hand?

Similar wording

I'm afraid to touch anything on this

Similar wording

because I'm afraid it's going to go out

Similar wording

again

Similar wording

okay mr rossini good morning hi good morning could you state your name please and spell for

Similar wording

the court reporter absolutely it's james j-a-m-e-s rossoni r-o-s-s-o-n-i right do you

Similar wording

swear or affirm to tell the truth the whole truth and nothing but the truth yes proceed counsel

Similar wording

yeah mr rossoni you you heard my testimony here today yes sir and is it true and accurate

Similar wording

everything yes sir and do you adopt it as your own testimony yes sir thank you mr rizzoni

Similar wording

okay questions from the board no mr chairman no no no mr chairman questions or comments

Similar wording

from the virtual audience

Similar wording

No further hands, Mr. Chair.

Similar wording

you know further hands with the chair planning commission

Similar wording

Planning Commission.

Similar wording

Thank you, Chair.

Similar wording

Unique physical conditions of the property present a hardship.

Similar wording

Additionally, the proposed use is consistent with documented previous uses at this property.

Similar wording

The City Planning Commission recommends that the Zoning Board grant the variance.

Similar wording

MI 2022-004-351-1515 Porter Street, I vote yes.

Similar wording

Carol Tenere, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Kishmael Shahi, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you so much.

Similar wording

Have a great day.

Similar wording

Have a great holiday, everybody.

Similar wording

You too, Vince.

Similar wording

All right.

Similar wording

Is there anyone in the virtual audience whose case has not been called this morning's list?

Similar wording

Mr. Chair, I do not see any hands raised.

Similar wording

Good, good.

Similar wording

Okay, thanks, everyone.

Similar wording

See everybody at 2 p.m.

Similar wording

Take care.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Good afternoon.

Similar wording

My name is Bill Bergman, and I will be chairing this afternoon's EPA hearings.

Similar wording

With me is our Vice Chair, Carol Tenere.

Similar wording

President, Mr. Chair. Our Board Secretary, Ishmael Shahid.

Similar wording

President, Mr. Chairman. Our Board Member, Thomas Holloman.

Similar wording

President, Mr. Chairman. And our Board Member, James Snell.

Similar wording

President, Mr. Chairman. Also here is our Board Attorney, Hillary Emerson,

Similar wording

and our ZBA Hearing Supervisor, Lakeisha Dandy. Before we begin, here is our virtual format.

Similar wording

be advised the proceedings are being recorded by participating your knowledge agreement to be

Similar wording

recorded a video will be available by contacting tanya sunkett at phil.gov for the benefit of our

Similar wording

court stenographer we ask attorneys and witnesses to identify themselves before testifying

Similar wording

if you're participating by phone if you wish to testify press star nine to raise your hand

Similar wording

and star six to unmute. To enter appearance statement, call 267-270-5548. Leave your email

Similar wording

and the address of the property in question. And finally, the question answer box on the screen

Similar wording

is not for comments or testimony. Any comments should be directed to our executive director,

Similar wording

Tanya Sunken. So I'm going to first look at our continuations that we had this afternoon.

Similar wording

Here we go. Right with you.

Similar wording

Number seven, MI 2022-004-680-1248 North 19th Street, that case is continued.

Similar wording

Number eight, MI 2022-004-694-1929 Ridge Avenue. That case is continued. Number nine, MI 2022-004-679-1917 Ridge Avenue. That case is continued.

Similar wording

And number 12, MI-2022-004-550-180-West Duncan Avenue, number A.

Similar wording

That case is continued.

Similar wording

And number 12.

Similar wording

Sorry, Mr. Chair, number 13.

Similar wording

I haven't.

Similar wording

did receive a request for continuance so we can continue that one thank you we can hear that one

Similar wording

oh continuous okay sure we received a written request this morning mi 2022 004 476 13 14 to 16

Similar wording

north broad street that case is continued are there any comments relative to the cases that

Similar wording

have been continued. Good afternoon, Mr. Chair. This is Jason Hand. Hi, Jason.

Similar wording

How are you doing? No continuances? I have a hand up from Mr. Patterson. He wishes to speak.

Similar wording

Okay, sure. Mr. Patterson? Mr. Patterson, could you state your name and spell for the

Similar wording

court reporter, please? Sure. Good afternoon, Ronald Patterson, P-A-T-T-E-R-S-O-N.

Similar wording

Sure. Good afternoon, Ronald. Patterson, P-A-T-T-E-R-S-O-N, 1835 Market Street.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do. Thank you.

Similar wording

Case number 13, sir?

Similar wording

Yes. Yeah, we are requesting continuous. Thank you for granting it.

Similar wording

I just wanted to add that we're also seeking leave or permission to submit revised plans

Similar wording

back to the department to address part or all of the refusal item for parking.

Similar wording

Okay, is that Hillary, we're okay with that?

Similar wording

Mr. Chair, we'll handle that request separate administratively.

Similar wording

Okay, good.

Similar wording

Thank you so much.

Similar wording

Thank you, thank you.

Similar wording

Any other comments relative to continued cases?

Similar wording

Sir, I see no further.

Similar wording

Wait, I see another hand.

Similar wording

Any additional requests for continuances?

Similar wording

I have a hand up by Mr. Tom Bannar.

Similar wording

Okay.

Similar wording

Hi, Mr. Banner.

Similar wording

Could you state your name and spell it, please, for the court reporter?

Similar wording

Yes.

Similar wording

First name's Thomas.

Similar wording

Last name's Banner.

Similar wording

It's B-A-N-N-A-R.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

What case are we talking about, sir?

Similar wording

The one Mr. Patterson just referred to.

Similar wording

It's a 1314 North Barrage Street.

Similar wording

Yes.

Similar wording

I believe it's 13.

Similar wording

Yes.

Similar wording

I represent the building next to that location.

Similar wording

And in terms of the parking variance, we do have some concerns that I just wanted to speak about today.

Similar wording

Oh, well, we're not.

Similar wording

The case is continued.

Similar wording

And we'll handle that when the case is called back in.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Gotcha.

Similar wording