of the refusal pictures or drawings of the property five days in advance to this hearing
did you meet with the rco and do you have a letter yes we do thank you please proceed and share your
screen. Are you on the phone? Yes, I'm on the phone and also an iPad. What's that? Yes, I have
my phone with my name, but I'm also on an iPad for a larger screen. What device are you trying
to share your uh your documents on my documents was emailed in well you need to present them now
ma'am okay what do you need first uh for you to uh share your screen with the documents that you
sent in all right i apologize i assumes the documents was emailed into you guys
for exhibits I thought you guys
would share them on the screen
I do have them on the screen
but I assume that you guys would share them
since you asked them to be emailed
you have to share them
and present them in the way you want to present them
All right. Why don't we do this? Why don't we do this? Why don't you get yourself straight with the documents on how you're going to present them? I have two or three other cases. I'll do two or three other cases and I'll come back to you. Okay?
why don't we do this
why don't we do this
Okay. Thank you so much.
Sure. Thank you. Number two, MI-2022-003-277-2748 Willits Road. Sean Ward is the attorney.
We're waiting for an RCO letter from the Northeast Community Civic Association.
Mr. Chair this is Hillary um this afternoon we did receive um the RCO letter of support from the
North East Community Civic Alliance um we are still addressing a tax clearance issue so we
will need to hold the vote in that case to address this matter thank you very much Mr. Ward
Mr. Chairman members of the board uh it's good to join you this afternoon um I represent
Anthony and Bianca Rodriguez, owners of the property at 2748 Phillips Road.
Mr. Ward, just for the record, could you state your name and spell for the court reporter?
Sean, S-H-A-W-N, last name Ward, W-A-R-D, address 331 East Street Road,
Trivos, Pennsylvania, 19053. Do you swear for him to tell the truth,
the whole truth and nothing but the truth i do mr halliman has just a few questions
very good afternoon good afternoon counsel do you agree to waive the reading of the refusal
and stipulate to his accuracy yes i do tom did you email all of the exhibits and documents as
required such as proof of ownership tax clearance copy of the refusal pictures or drawings of the
property five days in advance to this hearing did you meet with the rco and do you have a letter
Yes, to most of the above. There is a tax clearance issue, which I've discussed with Ms. Emerson. This property is subject of a subdivision, and OPA and Revenue Department are behind. However, we believe all real estate taxes have been paid, but Hillary and I are going to work that out.
Thank you. Please proceed and share your screen.
Thank you very much, Tom.
Mr. Chairman, I am sharing my screen, which is a PDF of all exhibits, not a list of exhibits that are not open on my desktop.
up but in any event uh i represent anthony and bianca rodriguez mr rodriguez is on the call
this is the property at 2748 waltz road which is in the greater far northeast uh basically between
academy road and the boulevard if you're not familiar with the area uh the application is
for a permit for an off street parking space uh basically they're they're looking to enclose their
garage for a uh a grandparent um yeah i wouldn't call it a suite it's a bedroom um the grandparents
are elderly and uh they need to be on a first floor uh level so uh in the district surface
parking is prohibited in the front yard setback uh i i don't know uh the the parking space with
8.5 feet is required, and they're saying eight feet is proposed. However, it's 11 feet wide.
So I don't know why that is even part. And just to cut to the chase, the relevant zoning history is
in 2018, there was an application for the relocation of lot lines, six lots from two.
So this property, you know, Tom might even recognize his name.
It was Vince Hassett, who was a legendary surveyor.
We've done a lot of work over the years while he was with us.
Unfortunately, he passed.
But so those lots, which was, I think, 2750 and 2752 Willits Road were purchased and then, you know, went through a lot line relocation to create six lots.
In 2019, it was the complete demolition of all structures on those two lots.
And then more pertinent was the erection of this single family dwelling.
And then more pertinent was the erection of this single family dwelling with an interior parking space, which was a, you know, a garage, a driveway with a garage.
So that being said, here is our notice of refusal, our application of appeal, our project information form, my transmittal letter, copy of the deed.
um as you can see dated april of this year uh transferring the property uh to the rodriguez
family uh moving on um uh so you know just for you know location purposes willis road
kind of runs from academy road um you know in in the east east torresdale section and
it runs out to the boulevard where it connects here with Walsh Road, and then it goes out to
the boulevard. This is a lot line, the plan, which doesn't really help anybody, so I'm not
even going to dwell on that. This is the picture of the posting. There's our poster. This is the
subject residents. Again, they're looking to enclose the garage and make it a bedroom for
grandma and grandpa. Presently, grandma and grandpa are residing in the basement. She's had
four falls already down the steps. Fire rescue has been out several times. But as you can see,
the adjoining properties have the window lights. We do not hear because the whole intention was
for them to have their grandparents reside on the premises. This is the sixth family subdivision.
Hold on. The landscapers. Landscaper Mona next to everyone.
So these these are the six houses, as you can see, the you know, most of them have this, you know, the upper lights in the windows.
This is the subject house in the middle of the block.
This was the subdivision prior to construction.
Willow Road looking each direction.
The zoning permit for the relocation of lot lines, the zoning permit for the complete demolition, and the zoning permit for the erection of this detached dwelling.
Here is our zoning map. It is zoned RSA2. And this is the aerial photograph. I also have today
the letter from the Northeast Community Civic Alliance. We met with them last week.
And Pat Parkinson, who is with Tom Neville. You know, Pat works for newly elected Senator
and Jimmy Dillon up in the 5th District. They provided their letter today. And then,
hold on a second. I think the thing's blocking my... So again, on the settlement sheets,
I mean, they're showing a balance of $6,289, but that's in the name of the builder.
and uh we've been trying to get um you know clearance uh but these are all the settlement
sheets uh and you know clearly they show taxes being paid to the city of philadelphia but you
know again not to belabor the point hillary and i are going to work that out uh she's been in
contact with revenue and uh we are in contact with the uh title abstract company to find out you know
you know what you know the the check the amount who was made payable to and when it was sent out
so uh we are confident we'll have that there for the board uh by the uh next uh you know next week
so this board can vote this case so uh mr chairman that's all i have i believe uh mr rodriguez is
on the call if he could raise his hand if he's not been identified already
there he is mr rodriguez could you state your name is spelled please for the court reporter
yes andre rodriguez a-n-d-r-e-r-o-d-r-i-g-u-e-z do you swear for him to tell the truth the whole
truth nothing but the truth yes proceed counsel may please the board uh mr rodriguez you've heard
uh mr rodriguez you've heard my representations to the board today yes are they true and correct
my representations to the board today?
to the best of your knowledge information and belief yes and you adopt them as your own testimony
as if called to testify today yes awesome that's all i have here questions from the board no mr
chairman no mr chairman questions or comments from the virtual audience
i see no hands chair hi planning thank you planning commission this is uh ron bednar city
planning first name ron last name bednar b-e-d-n-a-r you swear for him to tell the truth
the whole truth is nothing but the truth i do proceed ron this property is indicated for
residential use and a city plan or adopted district plan recommends no change the existing
residential single-family zoning at this location.
The applicant's hardship is not supported
with evidence of unique physical circumstances
or condition of the property
that would prevent it from being used
in conformance with the code.
Therefore, we recommend that the requested variance
not be granted.
Thank you.
So we're not going to vote today
because of the tax issue.
The case will be marked closed, right, Hillary?
Except for the tax information.
Excuse me. Yes, Mr. Chair, the record is closed except for receipt of the tax information.
Okay, so this 2748 Willard Street will be continued. Case is closed, just relative for the relative tax information.
Thank you very much, Chair.
number eight mi 2022 000 652 168 west cumberland street bern anastasio is the attorney
recommendation recommendation of support from nara square community association and we're also
waiting for tax clearance on this hillary uh mr jerry this is hillary i did um verify on this one
that the the taxes are clear so we can proceed with with a vote unless the board wants to hold
it for another reason no that's thank you thank you
council he's coming back in now chair as a panelist thank you
i think i'm there hi you you've already been sworn in council could you just state your name
for the record and identify who your client is in relationship to the property. Yes, sir. My name
is Vern Anastasio, A-N-A-S-T-A-S-I-O, and I'm representing Racima Herrera from the owner
applicant. Okay. Mr. Holloman has just a few questions. Good afternoon, counsel. Do you agree
to waive the reading of the refusal and stipulate to his accuracy? I do. Did you email
all of the exhibits and documents as required such as proof of ownership tax clearance copy
of the refusal pictures or drawings of the property five days in advance to this hearing
did you meet with the rco and do you have a letter yes sir thank you please proceed
and share your screen thank you i believe i just shared my screen 168 west cumberland it's a zone
underlying zoning classification is cmx2 there's a history of this property being three units
commercial first floor two apartments above and what we are trying to do is just have that first
floor become residential this is not a viable spot anymore for commercial use
and then two bedrooms with a large walk-in closet well this is
this is the corner property in question it is on one side next to a vacant property on the other
next to a three-family dwelling much of this block is sort of in transition
As you can see.
And here are some interior photos.
This is the upstairs living space.
Here's proof of posting.
Here's the rear of the property.
There's more proof of posting.
As you can see, there are several entrances.
uh in my exhibit packet we have the piff and we have the deed and we have uh the the application
for appeal here is the letter that went out to all the neighbors uh we had a public meeting the 12th
of october 5 30 p.m as a result of that meeting we have uh support here's the history by the way
retail sale uh with two families above so it's always been three units and there's this letter
of support uh from norris square community alliance because this property has always had
three units because this neighborhood this particular block is really no longer a viable
spot for commercial use and because the block itself is in transition with uh in need of density
I respectfully request that this board grant this variance in the appeal.
I also have my client online.
If she could raise her hand, please.
Hi, could you state your name and spell for the court reporter, please?
Ms. Herrera, please unmute yourself.
I'm unmuted. Can you hear me?
Yes, you can. Just state your name and spell for the court reporter.
Yeracema Herrera.
It's Y-R-A-C-E-M-A.
Last name is H-E-R-R-E-R-A.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Proceed, counsel.
Thank you, Mr. Chair.
Ms. Herrera, did you hear my presentation to the board this afternoon?
The true and accurate to the best of your knowledge?
And do you adopt it as your own testimony?
yes thank you mr chair just for the record uh uh we are at the corner of west cumberland
and north hancock thank you very much thank you um questions from the board no mr chairman no
mr chairman questions or comments from the virtual audience
chair i see no hands at this time a planning commission siron bednar city planning this
property is indicated for commercial mixed use on a city plan or adopted district plan recommends no
change to the existing zoning at this location. The applicant's hardship is not supported with
Meredith Ferliger, F-E-R-L-E-G-E-R, Dilworth Paxson, on behalf of the property owner, A-O-G, Enterprises, LLC.
Okay. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
Mr. Howellman has a few questions.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Did you email all of the exhibits and documents as required, such as proof of ownership, tax clearance, copy of the refusal, pictures or drawings of the property, five days in advance to this hearing, did you meet with the RCO, and do you have a letter?
Yes, to all of the above.
Thank you.
Pre-proceed and share your screen.
Thank you.
My screen is shared.
As I mentioned, my client is AOG Enterprises, LLC, which is the property owner.
And that entity is represented here today by both Oksana Fomina and Jean Fish.
Our architect, Ken Johnson, should also be available should there be any questions.
The property before the board today is 1517 North Bodine Street, which sits roughly mid-block on North Bodine Street between West Oxford Street and Jefferson Street in the city South Kensington neighborhood.
North American Street is just on the opposing side of the block to the rear of the property, which you will see.
The exhibit packet includes 15 exhibits that I will walk you through, which includes a tab 14, both a letter of support from the RCO, as well as a petition of support from 10 near neighbors.
As you can see up on the screen at Exhibit 9, this property sits along a mixed-use block of North Bodine Street on a very small sliver of remaining vacant land mid-block.
If you then look at the zoning map at Exhibit 8, you'll also see that this block bears some
rather colorful and interesting mixed zoning designations of ICMX, RSA5, CMX 2.5, as well
as RM1 on the opposing side of the street. What's particularly odd is the fact that there is a small