civus
Hearing video

ZBA Hearing - April 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 20, 20223h 15m

We believe that the proposed light industrial use is subordinate to the retail sales use

Similar wording

and that the impacts to adjacent properties will be consistent with uses allowed in CMX2.

Similar wording

We recommend that the board grant this variance.

Similar wording

we recommend that the board grant this variance thank you mr chaylor we're going to have our

Similar wording

Thank you.

Similar wording

Mr. Taylor, we're going to have our attorney go.

Similar wording

attorney go through all the documents to make sure that everything is in order and we'll get

Similar wording

back to you when we vote because i'm gonna have to look at the issue of a tax for your client to a

Similar wording

tax cert okay understood uh mr bergman thank you very much and i'll re-forward those documents to

Similar wording

you. Thank you. Thank you. MI 2021-005079-7205-15 Rising Sun Avenue.

Similar wording

We'll have our same attorney, Mr. Aldinger, will be part of this presentation. Vanessa Simpson is

Similar wording

the tenant? Ms. Simpson?

Similar wording

Simpson, you're free to speak. Just unmute yourself, please.

Similar wording

Hi, Ms. Simpson, could you state your name and spell for the court reporter, please?

Similar wording

Ms. Simpson, could you unmute yourself?

Similar wording

Hi, could you state your name and spell for the court reporter?

Similar wording

Yes, my name is Stephanie James, J-A-M-E-S.

Similar wording

I'm a counsel here for Mrs. Simpson.

Similar wording

Okay.

Similar wording

Can you see me?

Similar wording

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

Similar wording

I do.

Similar wording

Okay.

Similar wording

Could you identify the relationship your client has with this property?

Similar wording

I guess I can.

Similar wording

Good morning to you, Mr. Chair, and to the other board members.

Similar wording

Again, my name is Stephanie James here representing Mrs. Simpson.

Similar wording

She's the owner and operator of the establishment known as the Event Spot LLC, which is now operating and has been at 7205-7215A Rising Sun Avenue in the city of Philadelphia.

Similar wording

Okay.

Similar wording

Our vice chair, Carol Tenere, has a few questions for you.

Similar wording

Hi, how are you?

Similar wording

do you agree to waive the reading of the refusal and stipulate to its accuracy? Yes. Have you

Similar wording

emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal and or

Similar wording

referral, photos and plans of the property five days in advance of this hearing? And have you met

Similar wording

with the RCO? And do you have a letter? Yes. So all of the above, I believe that the letter

Similar wording

was to be submitted from the RZO directly to the chairman and the panel. Also, I believe that

Similar wording

Mrs. Hillary Emerson is going to be available to give testimony or the board's position today.

Similar wording

Okay, you may proceed, Mr. Bergman. Well, yeah, just so I don't think Hillary is going to give

Similar wording

testimony today. I don't believe. Where was the packet sent? The packet was sent, and I'm looking

Similar wording

here at the email addresses to rcozba at phila.gov it was also submitted to s-u-l-e-t-z-b-a

Similar wording

at gmail.com and then it was also forwarded to mr jason and and this was tanya do we have any

Similar wording

of those documents um the rco i believe we received it but the address that they sent for

Similar wording

was not correct.

Similar wording

It's Saletta

Similar wording

ZBA.

Similar wording

So that A was left off

Similar wording

and that information was not

Similar wording

submitted to the right email

Similar wording

box.

Similar wording

Okay, so

Similar wording

Council, listen to me

Similar wording

a minute. Here's what we're going to do.

Similar wording

You have all your

Similar wording

documents you can put up today, right?

Similar wording

Yes, we do have them available

Similar wording

at the bottom of the screen.

Similar wording

Okay, so here's...

Similar wording

Listen, please, please, please let me talk. We're going to go on, but we're going to have to have our council examine all the documents to make sure everything is there. So you can start your case, but we're going to have to take a look at this. We go on with the case. We're not going to vote it until the documents are all going through. So start your case.

Similar wording

Well, good morning to you all. I'm going to try to share a little technically challenge with you, the documents that have been submitted on April the 6th to you. This is a previously approved variance that was granted to my client on.

Similar wording

I'm sorry.

Similar wording

Did you hit the share? You did hit the share button?

Similar wording

Did you hit the share? You did hit the share button?

Similar wording

I'm trying to.

Similar wording

I'm trying to.

Similar wording

Okay.

Similar wording

You can tell me.

Similar wording

We don't see it.

Similar wording

Can you see it now?

Similar wording

No.

Similar wording

Okay, so how do I get to the share button?

Similar wording

Do you see a green button at the bottom of the screen?

Similar wording

You're going to hit that and then hit on your exhibits so that we can see them.

Similar wording

And then hit share.

Similar wording

hit share I'll do it I hit it share again but if it's green no no share let me let me do it

Similar wording

you do it it's her laptop there okay so okay so I'm going to let her operate it this is

Similar wording

and I operate it I'm a bit technically challenged so I do apologize to the board

Similar wording

here we have this is just a floor plan this is a floor plan that's in front of you if you can go

Similar wording

just a picture of the building itself.

Similar wording

Do me a favor.

Similar wording

Could you sit a little closer to the computer

Similar wording

so we can hear you just a little bit better?

Similar wording

Oh, okay.

Similar wording

I'm sorry.

Similar wording

No, no, that's okay.

Similar wording

We'll have to afford seats and I'll move over.

Similar wording

And so you can see a list of the table contents

Similar wording

with all of the exhibits we're attached to.

Similar wording

Okay, yep.

Similar wording

You can scroll through.

Similar wording

She's going to move that over so you can scroll through.

Similar wording

This is just an extension of the variance

Similar wording

that was previously granted to my client.

Similar wording

And it was valid through March of 2022. So we're just really asking for an extension at this time. All these documents were previously submitted to you for the original variance letter.

Similar wording

So we're also requesting that this variance be granted through the duration of her lease as a tenant. And her lease will run through June 30th, 2025.

Similar wording

So we're asking for an additional three months extension. Everything here is listed. There's not going to be any alteration to the existing structure. This will be no upset to the adjacent properties and buildings and businesses that are operated here. And this building has been operating as such as an event for ACE before my client's leasing of the property.

Similar wording

so are there any questions um do you have any photos of the property i mean

Similar wording

she's getting down to the photos okay okay sorry and listen i think the photos are

Similar wording

everybody's going to get a little dizzy

Similar wording

the photo should be exhibit j so did you go past it because you're at if you get the arrows to the

Similar wording

left to the left at the top right there right there sorry it's just a little closer so you

Similar wording

can see it but this is just an extension of an already permitted variance I believe they've

Similar wording

been running for three years and she's asking for that to be three years plus an additional

Similar wording

three months for the duration of her lease.

Similar wording

I'm sorry.

Similar wording

As far as the pictures are concerned,

Similar wording

did you...

Similar wording

I'm trying to.

Similar wording

I'm sorry.

Similar wording

I'm trying to get to it.

Similar wording

I'm going to have to move over.

Similar wording

Okay.

Similar wording

That's fine, Alyssa.

Similar wording

This isn't my technology.

Similar wording

We're here at Establishment, actually,

Similar wording

as I thought it would be best.

Similar wording

and i apologize this was sent over

Similar wording

oh wait a minute hold it

Similar wording

there's an email and i need to your email that it's over there you see it there yes that's the

Similar wording

floor plan okay oh i didn't know that we had to do this today because we submitted everything in

Similar wording

I would have had this on a different

Similar wording

but it was up and running so all you have

Similar wording

to do is just

Similar wording

it's the arrows right there

Similar wording

no no

Similar wording

okay

Similar wording

I can't get over

Similar wording

I can't see it

Similar wording

I can try at this point

Similar wording

it has to be over

Similar wording

I have to move it over

Similar wording

give me one second

Similar wording

so do you have the pictures yes yes i do i'm sorry i'm i'm trying i'm trying to okay okay

Similar wording

here are the pictures she's gonna move it over now okay so here are the photos of the

Similar wording

a little bit yeah so the down and up here in that middle seat no you're not in the right place no

Similar wording

here in that middle seat no you're not in the right place no no no no wait hold it

Similar wording

no it's on there over there in the middle you have to make it large on the screen okay

Similar wording

so these are some of the pictures um the photos of the building if you go down

Similar wording

if you use the down arrow right there down at the bottom right i know that's right there

Similar wording

I want to put each picture on the screen.

Similar wording

So this is the event space.

Similar wording

It's located on the first floor of the building.

Similar wording

And there you go.

Similar wording

So you can see the zoning posting that was up.

Similar wording

It's just a picture of the event spot here.

Similar wording

so can you see the photos okay we're we're good with the photos um just click could you uh

Similar wording

could you uh have your client identify herself and spell her name yes hi i am vanessa simpson

Similar wording

right could you spell for the court reporter Vanessa V-A-N-E-S-S-A Simpson S-I-M-P-S-O-N

Similar wording

right do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes all right counsel could you have her adopt your testimony

Similar wording

Mrs. Simpson have you had an opportunity to hear my testimony today

Similar wording

yes do you adopt my testimony as your own yes are you fully aware of the regulations in order

Similar wording

to continue to operate this business yes at this premise and location and do you have anything you

Similar wording

would like to say to the board um yes if i can just add um on behalf of my council i submitted

Similar wording

the information in um via email and i misspelled miss sutton's name and i was dealing with jason

Similar wording

hand and jason mr hand said that he would forward as a courtesy um the document to um to her that's

Similar wording

why i didn't send it back out again we're okay with that we understand okay all right questions

Similar wording

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

Similar wording

virtual audience here we have a miss tyson with their hand up yes hi miss tyson miss tyson you've

Similar wording

already been sworn just state your name kiyasha tyson right go ahead proceed um hi i'm from

Similar wording

councilwoman sherelle parker's office um and we support the applicant's request for the temporary

Similar wording

permit of three years and three months to run along her lease. Thank you. Right.

Similar wording

Any other comments from the virtual audience? I see no other hands, Chair.

Similar wording

Planning Commission? Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning

Similar wording

Commission. Members of the board, this is a special exception use in the CMX2 zoning district.

Similar wording

we believe the proposed use will not cause detrimental impacts to the neighborhood

Similar wording

beyond what normally might be expected for the use we therefore recommend that the board grant

Similar wording

the special exception thank you um council

Similar wording

counselor i'm sorry yes okay so so we're going to go through all the documents we'll review the

Similar wording

documents we're going to vote on this next wednesday okay okay next wednesday at 9 30 we'll

Similar wording

vote but we have to take some time to go through all the documents all right we thank you and again

Similar wording

this is for a period of three years and three months so we're asking i understand

Similar wording

right okay thank you very much thank you so much you have a good day god bless you all stay safe

Similar wording

Okay. MI 2021-005-123-931 South 18th Street. First listing, no exhibits that we know of this time.

Similar wording

I see no handshake. One moment, Chair.

Similar wording

I'm promoting owners to panelists now.

Similar wording

Okay.

Similar wording

did you interrupt me hi good day to the board hi could you state your name and spell

Similar wording

could you state your name and spell for the court reporter yes uh my name is Lawrence

Similar wording

It's Schles, first name L-A-U-R-I-T as in Thomas, S as in Sam, last name Schles, S-C-H-L-E-S-S as in Sam, Sam.

Similar wording

Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

What's your relationship to the property?

Similar wording

I am the owner's rep for the previous owner.

Similar wording

Since we received, I believe, affirmation of our request from the SASNA RCO and the affiliated two other RCOs, with the proviso that we do some trim and architectural upgrades to the existing rear non-conforming deck of the property, the ownership has transferred to the new owner, who I believe should be here.

Similar wording

is the new owner on here today i emailed him sir on the this morning to make sure that he

Similar wording

would be attending i told him to keep a zoom on the entire time who owns who let me ask you this

Similar wording

who owns the property now right now if you give me one brief second i've only been in communication

Similar wording

with the owner for the past week. Please give me one brief second. His name is Anirud, A-N-R-U-D-H,

Similar wording

last name Kolambi, K-I-L-A-M-B-I. And he acquired ownership of the property between

Similar wording

the RCO tenant of approval with the proviso. And I've been in contact with him and his real

Similar wording

estate agent in the past week or so um excuse me chair we have another hand up with the same name

Similar wording

as the owner's rep do you want me to allow them to speak yeah let's let's see who that is okay

Similar wording

uh hi sorry this is anirth kalambi just confirming that i am indeed on the call

Similar wording

you're you're the owner sir correct could you state your name please

Similar wording

yes my name my name is anirudh kilambi first name anirudh a-n-i-r-u-d-h

Similar wording

last name kilambi k-i-l-a-m-b-i you swear for him to tell the truth the whole truth

Similar wording

nothing but the truth i do sir have have you submitted your package

Similar wording

uh yes if i can't speak is that okay well well i guess what we're trying to figure out is you

Similar wording

represent the past owner yes sir so uh so i i i think counsel are you online yes i am um mr

Similar wording

schletz are you an attorney no i am an architectural designer representing the previous owner and now

Similar wording