held but uh the place was already kind of in in progress um so l and i did have to cease this
property already um but you know for these reasons the councilwoman um and the the community are
opposed to the granting of the variance in this case thank you thank you could i just
a response about the violations that i've been in contact with l and i and they pulled me
because i followed zoning to put everything on hold yes please that's what i'm saying i
I contacted F and I about it because they told me they're putting everything on hold
because I need to either get zoning approved or we have to address them after this hearing.
I'm going to catch 22, as they say, with that.
Understood.
Okay, thank you.
Anyone else to testify in this case?
I see no hands, Chair.
Thank you. Planning Commission. Good morning. David Fecto, City Planning Commission. Mr. Chairman,
Thank you.
Planning Commission?
Good morning.
David Fecto, City Planning.
members of the board, the comprehensive plan recommends this property for commercial mixed
use. Although this is a commercial corridor, we have heard strong opposition from the neighborhood.
We do not believe that the applicant has shown sufficient hardship to justify granting the
variants. We recommend that the board deny the requested use variants. Thank you very much.
MI 2021, that's 002083-6330, Rising Sun Avenue.
My vote is no.
Harold Tenere, my vote is no.
Confessor Plaza, my vote is no.
James Snell, my vote is no.
Thomas Holloman, my vote is no.
Thank you.
Number 10 on our list, MI 2021-002162.
8-1-1-0, Frankfort Avenue.
Jared Klein is the attorney of record.
My notes indicate we have not yet received a letter from the Holmesburg Civic Association.
Mr. Klein, please spell your full name and I'll swear you in.
Good morning, Mr. Chair, members of the board.
Jared Klein, K-L-E-I-N, from Blank, Rome, 130 North 18th Street, 19103.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Ms. Tenere has a few questions for you.
Good morning. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership tax compliance, refusal 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?
Yes, to all of the above. And I heard the chairman's comment as I was joining as a panelist.
We do have a letter from the RCO that's in my packet. I'll share that in just a moment.
OK, great. You may proceed. Thank you very much. I'm going to share my screen.
Can everybody see that? Yes. Excellent.
So I'm here for 8110 Frankfurt Avenue, which is proposed to be the new home of the Grand Army of the Republic Civil War Museum.
It is the oldest museum of its type and the last museum of its type in the Philadelphia area, and they're relocating from their parent home, which is also in a residential property.
We received a referral for a special exception as our property is zoned RSA 3, and the use of a library and cultural exhibit would require a special exception in that zoning category.
Just to orient the board, this is the property that we're talking about here located right on
Frankfurt Avenue. We're adjacent to an educational use here, and there are plenty of commercial uses
along the Frankfurt Avenue corridor, as I'm sure the board is well aware. We have a very deep but
narrow property that is zoned, as you can see, for RSA3 use. In the surrounding area, immediately
across the street. We have CMX two and a half and CMX two and a half also continues down
Frankfurt Avenue from us. It's a picture of the property that will house the museum
and some photos of the posting of the notice out front on the fence. These are just some views of
the area immediately surrounding. This is looking up and down Frankfurt Avenue. This is the subject
property here. And just to share a little bit about the museum, this is some summary information
about what's there. As I said, it is the oldest museum of its type in Philadelphia. It has a
research library along with educational exhibits and archives. We don't have a floor plan for the
space, but it's going to be set up very similarly. These are photos of their existing location,
which as I mentioned is also in a residential home. So they have an entryway and they've used
the rooms inside the house to house their collection of exhibits and a small meeting
space for historical lectures and an archive room that is open to the public by appointment
for historical research purposes. And then they also have a collection of various archaeological
exhibits that have been uncovered over the years. We did meet with the Holmesburg Civic Association.
It was a well-attended meeting that was very positively received. Their letter of non-opposition
is up on the screen in front of you, and we don't believe that this special exception use
will have any negative impact on the surrounding area, given that there's commercial uses
surrounding it, and this museum is designed to be a relatively low-volume museum,
hosting very small gatherings, if there's any gatherings at all. I've got my client,
Uh, I've got my client, Joseph Perry, uh, on the zoom today, Joe, if you could raise your virtual hand, I would appreciate it.
Joseph Perry, on the Zoom today. Joe, if you could...
Okay. Can you hear me?
Yes. Please spell your full name.
Uh, Joseph J O S E P H, uh, Perry P R R Y.
You swear to our friend to tell the truth, the whole truth, nothing but the truth.
thank you mr klein thank you mr chair uh joseph did you have a chance to listen to my presentation
this morning yes and do you adopt my testimony as true correct and your own as if you testified
yourself yes thank you you any questions from the board no mr chairman no and mr chair now
what else would like to testify in this case please raise your hand
i see no hands chair thank you planning commission good morning david fecto city
planning commission mr chairman members of the board the comprehensive plan recommends this
property for residential single family use we do not believe the proposed museum would have an
impact beyond what a museum at this location would be expected to have we recommend that the
board support the requested special exception. Thank you. MI 2021-002162. 8110
Frankfurt Avenue, my vote is yes. Carrollton, my vote is yes. Professor Plaza, my vote is yes.
James Bell, my vote is yes. Thomas Holliman, my vote is yes. Thank you all. Case number 11, MI 2021-002.
018, 922 Kimball Street.
Vernon Anastasio is the attorney of record.
Bella Vista Neighbors Association sent a letter of opposition, as did
Councilman Mark Squilla.
is mr anastasio with us he's coming back in as a panelist thank you
mr anastasio when you get on please identify yourself you're still under oath
and Ms. Tenneri will ask you a few questions.
Good morning, Mr. Chairman.
Vern Anastasio, A-N-A-S-T-A-S-I-O, Anastasio Law, 1315 Walnut, Suite 1006, Philadelphia, 19107.
Carol?
Carol, you're muted.
Mr. Anastasi, you agree to waive the reading of its refusal and stipulate to its accuracy?
Have you emailed an exhibit?
Oh, sorry, Carol.
No, go ahead.
Thank you.
I was muted.
Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, folders and plans five days prior to this hearing?
I have.
Have you met with RCO and have a letter?
Thank you.
Please proceed.
Carol, sorry again.
Thank you. Mr. Chairman, members of the board, this is 922 Kimball Street, a property that was built over 150 years ago. And that's the reason why we have the dimensional variance open area required is 25%.
What exists is 61 square feet.
That's a pre-existing non-conforming use dating back to when the property was built in the early 20th century.
So that's a unique condition that my client came to, and there's very little that can be done about that.
The rear yard depth refusal is a little misleading.
uh because the fact of the matter is there is a back patio it does exist and i'm going to explain
to you why this is a little this is a unique situation here that we're dealing with
my clients purchased this property 10 years ago when they did uh the in the back of their
property was this sunroom now i want to explain to you that my clients purchased this property
from a family who not only owned 922, but also owned the existing, the adjacent property next
door. So 40 years ago or so, they built these sunrooms on the back of both of these properties.
they built these sunrooms on the back of both of these properties.
They did so, my client now learns, without pulling any permits.
So this is 40 years ago, they built these sunrooms.
And hold on for one minute.
So this is the existing condition, not only on this property,
but on the adjacent property in question.
My client decided to remove the glass and put up walls instead, and then he learned that none of the work had been previously approved, so he stopped work, and now we're going through the process of getting this enclosure legalized.
So with that, I also want to show you.
We met. Oh, here's the backyard, by the way. So there is open space.
Problem is, is that the previous owner put up these posts and then built those sunrooms on top again 40 years ago.
So this is not something that my client did. So there is backyard space.
it's just that it's covered and therefore that refusal is triggered again it's an existing
condition there's proof of of notice and there's also a proof of mailing 144 pieces
here's the flyer that went out to to everyone and I must at this point I'd like to for the record
object to the letter from the Bella Vista Neighbors Association for several reasons.
And we'll get into that in a minute.
Allarge that, Vern. I have a hard time reading it.
Sorry. We met with them on August 10th.
So what we did was we went to before the Bella Vista Neighbors Association.
And let me get down to, this is the result of those in attendance, overwhelming support
for the variance, nine in support, two members oppose.
And I'm going to tell you why I object to the letter and I object to this opinion in
a minute.
We then, because, you know, that's not a very large sample, we then went to every home on Kimball Street and some on League.
Overwhelming support for the replacing the pre-existing glass sunroom at the third floor with a sheet rock room.
Everyone on this list is an immediately impacted neighbor, including Josephine Coppertino, God bless her, who's been on that block for almost 100 years.
Before you go any further, Vern, just for the purpose of the board, when Vern mentioned League Street, League Street is the street behind Kimball.
So the rear of League Street would face the rear of Kimball Street.
That's right.
Thank you.
So I object to the Bella Vista Neighbors Association letter of opposition, because obviously the code says the community takes a vote and then a letter is sent based on the community vote.
So if they were doing that, if they're actually following the code and that requirement, they would have at least sent a letter of non-opposition.
There was nine folks who voted to support, two who voted against.
It not only runs counter to the community vote, but I object to it on speculation in the letter as to neighbors' motives for voting for it and hearsay.
And there's also irrelevant information to bolster an opposition that has no rational basis.
It's based on five people who sit on the board, none of whom live within 500 feet of this property, let alone 300.
The two votes, by the way, the letter also fails to point out that the two immediate impact neighbors votes who opposed it.
The letter fails to be forthright in letting you know that those two property owners who voted against this variance live nowhere near Bella Vista.
They are owners of properties that are currently vacant, and they are used as rentals. So the two opposing votes even lack standing.
And also, in addition to these, which is, we then have emails sent to Bella Vista Neighbors Association from folks who could not make the meeting, 922 Kimball, 925 Kimball.
I'm sorry, that's 912, Kimball, is another one. So I have to object to the letter of opposition.
I'm sorry, that's 912 Kimball.
I understand that the council office just relies on the RCO sort of being forthright.
So when, of course, you get a letter of opposition, the automatic reply is to also send one.
but the fact of the matter is no one opposes this who lives anywhere near this property
these young people this young family bought this home 10 years ago and they should not have to
suffer for the sins of someone who put on a sunroom 40 years ago if not a little bit more 45 years ago
and with that i'm going to ask my client ty calvarici to raise his hand
In closing, by the way, while we tie in, given the preexisting nonconforming use of the first
refusal, based also on the fact that the rear yard depth has also an open space, also a
pre-existing non-conforming use. However, it is covered, but not zero square footage. Based on
the overwhelming support of the immediate neighbors who don't believe that my client
should have to suffer for the sins of a previous owner, we respectfully request the granting of
this variance. Has Mr. Calvarese logged in? Yes, I'm here if you can hear me. Yes. Hi, sir. Please
spell your full name and i'll swear you in yes ty ty calvaresi c-a-l-v-a-r-e-s-i do you swear
or affirm to tell the truth the whole truth nothing but the truth i do thank you mr anastasio
thank you mr chairman uh ty did you hear my presentation to the board this morning
i did yes and is it true and accurate to the best of your knowledge
yes and would you adopt it as your own testimony i do yes thank you any questions any questions
from the board no mr chairman no no like to testify in this case if so please raise your hand
here we have eugene um please unmute yourself and please wait for the chair
yes good morning good morning please identify yourself spell your full name
eugene desyatnik d-e-s-y-a-t-n-i-k you swear or affirm to tell the truth the whole truth
nothing but the truth i do and you're representing yourself in this matter
i'm a beloved neighbors association president please proceed thank you and thank you verne
for bringing this case forward.
I agree it is a very unique case
and a fortunate situation that has developed.
I just wanted to bring out some unusual aspects of this case,
some of the additional information
that wasn't clear from the letter.
There was a neighbor, the immediate neighbor.
While it's true on paper,
the majority of the neighbors are in support.
You know, the limited visibility from the street
with this rear addition to most of the neighbors on the block