civus
Hearing video

ZBA Hearing - February 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 16, 20223h 51m

we'll talk about this next week.

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try to get some more information to understand it and we'll vote it and also get a read from

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the planning commission on where they stand with it next week and then we'll vote at the meeting

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discuss it in executive session and vote next week okay chair so um the case is otherwise

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closed except for the um recommendation from planning commission thank you so much chair

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okay mr boyden is that okay you'll hear from us you'll hear from us you'll hear from us next week

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okay do i need to join a call or anything or no no we'll we'll get a hold of you okay if you need

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any other information from me just well absolutely get a hold of you sir thank you okay thanks for

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explaining that it made a little bit more sense of course i appreciate it thank you all right thank

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you, everybody. MI 2021-003-950-3900 Brown Street, RCO Mantua Civic Association, letter

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of support this nichols has been promoted to panelists mr chair good afternoon miss nichols

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could you state your name and spell for the court reporter please yes lynn nichols l-y-n-n last name

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nichols n-i-c-h-o-l-s right do you swear or firm to tell the truth the whole truth and nothing but

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the truth? Yes, I do. Our vice chair has a few questions. Hi, Ms. Nichols. Do you agree to waive

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the reading of the refusal and stipulate to its accuracy? Yes, I do. Based on our notes, it appears

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that you've submitted all the required documents. Is that correct? That is correct. You may proceed.

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Thank you. May I share my screen? Yes, you may. Thank you.

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Can everyone see that? I'll make it bigger.

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Can everyone see my screen? Yes, if you go up a little bit, we'll see that.

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Yes. All right. So this is the front of the property. Our client currently owns this retail

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establishment, which currently serves food. We're asking for a variance in order to be able to

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prepare, cook out food and serve food in this establishment at 3900 Brown Street.

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You will see that there's a application for the change of use, as well as the project

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appeal form, the deed showing the owner of the property, the owners should currently be on the

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call. We met with the RCO, which sent a letter of support for this project. Therefore, we are

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showing that there's no use of this property that would affect the neighbors or cause an

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undue burden in this community. Part of what the discussion was at the time of the RCO hearing is

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that there's limited availability in this area for hot cooked food. They do have retail

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establishments that serve plenty of food that you can go and buy that's not hot, but they don't

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have establishments where they can buy food that's cooked that's hot. So they wholly support this

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project. I'll get to the plans where we're going to show the, as you saw there, that was the

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certificate of tax clearance. Um, this is a photo showing the front of the property. Um, the view

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is, um, looking towards 39th street. Um, the property is there at the building in the gray

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building right there. Um, this is the right view. The next photograph shows the view of the building,

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The view of the building looking to the left of the property down, I believe that's Brown

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looking to

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Street that you're looking at right there where the white car is, 3900 Brown Street.

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This next photograph is another view of the property.

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This is looking at the front of the property, as you can see right here, looking directly

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at the front of the property.

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That's the front view.

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And then the next photograph should be the rear of the property, looking at the rear of the property.

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If my screen will stop scrolling.

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Just give me a moment.

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All right.

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Okay.

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So you see the rear of the property there?

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yep okay so now i'm going to get to the these are the impacted neighbors that were notified

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um in this area next to the location

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this was the receipt to show the mailing that was sent out

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here are the plans um i'm going to turn the screen so that we can see the plans

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so the plans are showing the changes that would be made to accommodate the um takeout restaurant

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that the uh that will be in this building

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this next um plan shows what needs to be changed they're going to add um an outlet light fixtures

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a smoke detector um other down lights a pull station and a fire alarm that would accommodate

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the um takeout restaurant that they plan to have in this location

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this is the refusal

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and the rco summary in support of the change of use at this location

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and as i stated the location change would not cause an undue burden on the community

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nor would it cause any traffic congestion

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or place any burden on any public facilities.

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At this time, I would like to call Leah Leatherberry.

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Leah Leatherberry.

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If you're still in the virtual audience, ma'am,

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please raise your hand.

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She's been allowed to speak.

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Thank you.

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

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Ma'am, please unmute yourself.

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Okay.

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Can you hear me now?

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Yes, we do.

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

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My name is Leah Leatherberry, L-E-A-H, Leatherberry, L-E-A-T-H-E-R-B-U-R-Y.

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Right.

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

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I do.

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Counsel, go ahead.

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Thank you.

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Ms. Leatherberry, did you hear the testimony that I just gave with regard to your property at 3900 Brown Street?

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Yes, I did.

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Do you agree with and adopt the presentation and testimony given here today for your property at 3900 Brown street?

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Yes.

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Thank you.

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I have nothing further members of the board.

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Do you have any questions?

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Questions from the board.

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No, Mr.

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Chairman.

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No, Mr.

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Chairman.

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Questions from the virtual audience.

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i see no further hands mr chair questions from the planning commission

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comments yeah this is ron bednar city planning

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could you state your name and spell for the court reporter please ron first name is ron r-o-n last

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name bednar b-e-d-n-a-r right do you swear for him to tell the truth the whole truth and nothing

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but the truth i do proceed this property is currently indicated for neighborhood commercial

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This property is currently indicated for neighborhood commercial mixed use on the city

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mixed juice on the city plan

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plan. Given the site's physical condition and its use history, recommended request for

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a special exception be granted.

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Thank you, Ron.

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MI 2021-003-950-3900 Brown Street, I vote yes.

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Harold Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed my vote is yes. Thank you counsel. Thank you board. Thank you. Is there

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anyone in the virtual audience whose case has not been heard yet? Mr. Chair, Ms. Tina Marie Russell

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has her hand raised. Do I allow her to speak? Yep sure. Oh I'm sorry she must have put her hand down.

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she might have put it out by mistake i'm not sure okay any other questions out there

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okay that's it thanks everybody uh jason thanks for for moving the the thing along the way you

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get people and find them for us we really appreciate it because it moves the whole

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thing so thank you you're welcome sir and and uh thank you thank you executive director

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your final, your first week

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in office, so thank you

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very much. Bill, I think you set the

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record. I don't know

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about that.

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Unbelievable.

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Thanks all, IT Bill.

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Thank you, everybody.

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Have a great night, everyone.

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Thanks, everybody.

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Thank you.

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Bye-bye.

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Have a good evening.

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You

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