civus
Hearing video

ZBA Hearing - March 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 13, 20246h 7m

right now i'm just kidding you know

Similar wording

Does someone with their hand raised?

Similar wording

um i don't know if they're in a new relationship this why don't we try to answer this see who they

Similar wording

are okay so edward betterman has been allowed to speak hi hi chairman my name's edward betterman

Similar wording

i'm the applicant uh look can you hear me yes yes yes so we're waiting to see if we get him

Similar wording

back on okay yeah i was good yeah i was gonna i don't know what phone number you have i have

Similar wording

the cell phone number is going to try to text

Similar wording

them. Why don't you do the same thing?

Similar wording

Hi, Chair. This is Tanya.

Similar wording

Michael McIhenney

Similar wording

remarked that his

Similar wording

phone died, he believes, and so

Similar wording

he's using a hotspot because they

Similar wording

have an internet outage.

Similar wording

So Michael is trying to get him

Similar wording

now, so he's assisting us.

Similar wording

OK, thank you. OK, cheer. No, that's fine. It's totally your call.

Similar wording

Well, let's just wait a couple more minutes and then. OK, I hate to close out the two o'clock list without finishing.

Similar wording

Hillary, let me ask you this. Once we close the two o'clock list out.

Similar wording

If he will come back when we're doing the three thirty, can we take him back on?

Similar wording

um not not technically no he just messaged me give me a second okay he said he didn't realize

Similar wording

my his internet went off so he's been talking the whole time so yeah and i i know there was

Similar wording

there was an outage um in center city today or still may still be my husband was impacted at

Similar wording

his office oh that i see i did not know that i had i must have went out about five times today

Similar wording

i did not know that

Similar wording

is there any way we can get him on the phone he's logging back in now

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Yeah, all we need to do is

Similar wording

if he will call us.

Similar wording

He said he was

Similar wording

logging back on.

Similar wording

Right, okay.

Similar wording

And he did text me on his phone, so I think

Similar wording

if his phone died, he may have been able to get it

Similar wording

plug back in and get the get the hotspot going again.

Similar wording

Get the hotspot going again.

Similar wording

Thank you.

Similar wording

he's having problems logging back on is he is he still a panelist or no

Similar wording

his name is not among the panelists but he did disconnect while being a panelist

Similar wording

okay there's nothing else that you have to do to take him out of panelist status right

Similar wording

oh if he's using the same link that he used initially he should come back in as a panelist

Similar wording

either way we could see him either under panelists or attendees okay right okay

Similar wording

Thank you.

Similar wording

Chair, we have somebody with their hand up. Alex Duller, would that perhaps be Mr. Orphanidis?

Similar wording

Let's see.

Similar wording

Orphanidis or society associated?

Similar wording

Let's see.

Similar wording

They have been allowed to speak.

Similar wording

Hi, could you please state your name?

Similar wording

Hello, my name is Alex Duller. I'm with FUSA Designs. I was a designer.

Similar wording

um i'm basically david's texting me he's asking what the phone number is to call in because he

Similar wording

can't seem to get logged back in i was i've been giving him uh updates as we've been going

Similar wording

is there is there a phone number i can text him to call

Similar wording

tanya

Similar wording

yes it's the phone number that comes on the uh the email uh fatina or

Similar wording

yeah we could put it in the chat but okay yeah thank you kindly

Similar wording

thank you mr dollar by the way

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

let's wait five more minutes we're gonna have to move on i mean he has the phone number now

Similar wording

so if we don't hear it in five minutes i think we need to move on and we'll just do every something

Similar wording

And we'll just do a resumption here.

Similar wording

He's here on the phone now.

Similar wording

he's here on the phone now.

Similar wording

He just got on.

Similar wording

He just got on.

Similar wording

Okay.

Similar wording

He's, I think it's that top phone number, the 870.

Similar wording

They've been allowed to speak.

Similar wording

Storfenitis?

Similar wording

Can we tell him what number to push so he can speak on the phone, please?

Similar wording

r6 to unmute right

Similar wording

all right here we go is that all right yeah can you hear me please yes we hear you mr orphanetes

Similar wording

i have i have no idea what happened okay so why don't we do this why don't we

Similar wording

why don't we just finish up and then your your client was on a little bit ago so why don't you

Similar wording

finish up?

Similar wording

I have no idea where I let off. I was

Similar wording

talking and talking and talking.

Similar wording

What was the last thing?

Similar wording

I had no idea

Similar wording

until all of a sudden I was like, wait a minute.

Similar wording

I'm not hearing anything.

Similar wording

All right.

Similar wording

Do you want a resumptive

Similar wording

hearing?

Similar wording

I'd rather not. Do you just remember

Similar wording

the last thing I said?

Similar wording

I mean, I thought you had

Similar wording

just went through the refusals

Similar wording

and you hit each one.

Similar wording

I was going to say, can we could ask the court reporter what was the last thing she transcribed?

Similar wording

Yeah, the last thing that I have is you were getting ready to give a link to the meeting that was in February.

Similar wording

Oh, so probably what I did is what I what I was going through is the 14303 notice.

Similar wording

That's not about right. About the hearing.

Similar wording

That sounds about right. Yeah. Yeah.

Similar wording

Yes. I mean, listen, I went through the refusals. The things that are in the package, I might have then moved on to show the deed, showing my client as the owner of the property, the tax clearance certificate, which is valid through the 16th, the 14303 notice, the email designating, the NSCAN as a coordinating RCO, the list of addresses pulled from the Planning Commission's link, the copy of the 14303 notice that went out.

Similar wording

And then the certificate of first class mailing of that, a copy of our notice is at tab, let's see, tab, wait a minute, at tab, the notice for the hearing is at tab 11A, posting photographs are 11B.

Similar wording

The 14303 notice is all at tab 10.

Similar wording

So, and again, I apologize.

Similar wording

Comcast has been down in town and I was using my phone and I think it kicked in for a moment onto the Comcast, you know, our internal network.

Similar wording

I then went out and knocked me off and I had no idea.

Similar wording

So I had to call you guys back in.

Similar wording

David, why don't we do this?

Similar wording

Why don't we have your client come on and he can adopt your testimony.

Similar wording

Edward Biederman is how he's identified on Zoom.

Similar wording

Yep, yep.

Similar wording

and uh has he been sworn he has done okay eddie uh did you hear the statements that i made to the

Similar wording

board today yes hold on mr beter mr biederman do me a favor state your name and spell it for

Similar wording

the court stenographer it's edward betterman that's b-e-d-e-r-m-a-n right do you swear or

Similar wording

affirm to tell the truth the whole truth and nothing but the truth i do please proceed counsel

Similar wording

yes mr betterman um did you hear the statements i made to the board today yes now are they true

Similar wording

and correct to the best of your knowledge yes they are and would you adopt them as your own

Similar wording

yes i would okay and then i have the dollar who's the architect they did the drawings if you'd like

Similar wording

to have them adopt my statements as well you want to do that please bring them on alex dollar

Similar wording

they have been allowed to speak start could you please state your name and spell for the

Similar wording

court's phonographer alex duller d as in david u l l e r right do you swear for him to tell the

Similar wording

truth the whole truth and nothing but the truth i do please proceed counsel alex did you hear the

Similar wording

statement that i made to the board this afternoon regarding the proposal i did correct to the best

Similar wording

they are would you adopt this and would you adopt the statements as your own yes thank you

Similar wording

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

Similar wording

our attorney hillary emerson not at this time mr chair questions or comments from the virtual

Similar wording

audience i see no hands planning commission thank you chair bergman

Similar wording

Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission. In 2021, the zoning map was amended to RSA 5, Residential Single Family, at this location with the support of the community.

Similar wording

sarah bond philadelphia city planning commission

Similar wording

in

Similar wording

The appellant has not shown that the property cannot possibly be used in strict conformity with the zoning code and that variances for a rear yard deck and accessory parking are therefore necessary to enable viable economic use of the property.

Similar wording

regarding the rear yard depth variance the appellant has supported their hardship playing

Similar wording

with evidence of unique physical circumstances of the property the city planning commission

Similar wording

recommends that the zoning board grant the variance with the following conditions denial

Similar wording

of uses of rear deck and off-street parking thank you so no i'm sorry go ahead no no do you have

Similar wording

something to say david no i just i mean there's off-street parking up and down our side of the

Similar wording

block and the variance was granted for a single family with off-street parking i think those

Similar wording

exist so okay thank you so mi 2023 007 097 2226 hope street i vote yes

Similar wording

thomas holloman my vote is yes james snell my vote is yes

Similar wording

thank you counsel thank you apologies i'm going to send the cop a screenshot

Similar wording

happens and when i can't get but when he can't get so no no apologies thank you thanks uh is

Similar wording

there anyone in the audience who the who had a 2 p.m case that has not been called

Similar wording

i see no hands we're moving on to our 330 list good afternoon my name is bill bergman i will be

Similar wording

chairing the 330 hearing with me as our vice chair ismail shaheed present mr chairman our board

Similar wording

member thomas holliman present mr chairman our board member james snell present mr chairman also

Similar wording

president is hillary emerson our attorney and our executive director tanya sunkett here's our

Similar wording

virtual format. Be advised, the proceedings are being recorded. The video will be available by

Similar wording

contacting TanyaSunkett at phila.gov. For the benefit of our court stenographer, we ask attorneys

Similar wording

and witnesses to identify themselves before testifying. If you're participating by phone

Similar wording

and you wish to testify, press star 9 to raise your hand and star 6 to unmute. To enter an

Similar wording

appearance statement, call 267-270-5548. I'll leave your email and the address of the property

Similar wording

question. And finally, the question answer box on the screen is not for comments or testimony.

Similar wording

All comments should be directed to our executive director, Tanya Sunken. Let's look at our schedule

Similar wording

for this afternoon. Number seven, MI 2021-005-123-931 South 18th Street, this case has been

Similar wording

continue. Are there any other requests for continuance in the audience?

Similar wording

I see no hands. Thank you. Now we're going to go to our no exhibits. So number three,

Similar wording

MI 2023-004-266-1458 North 30th Street. We have no exhibits for this case. This is a pro se.

Similar wording

the applicant is erin herman and kevin bryan is listed as the owner

Similar wording

any hands erin herman if you're in the audience please raise your virtual hand

Similar wording

no hands chair thank you so mi 2023 004 266 1458 north 30 street this case is continued mark must

Similar wording

be heard number four mi 2023 001 810 1327 mcfernan street

Similar wording

renece morris is the owner applicant no exhibits this case's mark must be heard

Similar wording

renece morris if you're in the audience please raise your virtual hand

Similar wording

no hands chair thank you so mi2023 001 810 1327 mcfernan street this case was mark must be heard

Similar wording

i vote to dismiss i'm a solomon my vote is to dismiss james snell my vote is to dismiss

Similar wording

Mr. Chair, this is Hillary. I just want to note for the record on that case, when it was previously listed on October 18th, no exhibits were submitted then and no one appeared.

Similar wording

james snell my vote is to dismiss mr chair

Similar wording

Thank you very much. We appreciate it. So, number nine, MI-2023-0784-1953-LOCUS, number 1F. Sager Kritty is the applicant listed owner. This case has been marked, must be heard.

Similar wording

Mr. Chair, like the prior case, this one was also previously listed on October 18th.

Similar wording

No exhibits were submitted and no one appeared.

Similar wording

Thank you very much.

Similar wording

No hands, Chair.

Similar wording

Thank you.

Similar wording

So MI2023-001784, case was marked, must be heard.

Similar wording

In the past listing, no one appeared.

Similar wording

I vote to dismiss.

Similar wording

Thomas Holloman, my vote is to dismiss.

Similar wording

James Snell, my vote is to dismiss.

Similar wording

Ishmael Shaheed, my vote is to dismiss.

Similar wording

Thank you.

Similar wording

And number two, MI 2023, 000274, 2630 to 44 Wharton Street, this case has been withdrawn.

Similar wording

We're going to go to number six first.

Similar wording

MI 2023-001-885, 2248 North 2nd Street.

Similar wording

Vern Anastasio is the attorney.

Similar wording

Letter of non-opposition received from Council Member Lozada.

Similar wording

Good evening, Mr. Chair.

Similar wording

Good evening, sir.

Similar wording

Could you mention your—I don't—you didn't have a case.

Similar wording

I didn't get sworn in. I had a case, but I didn't get sworn in.

Similar wording

All right. All right. Could you, just for the record,

Similar wording

mention your name and spell for the court stenographer? Yes, sir. Vern Anastasio,

Similar wording

A-N-A-S-T-A-S-I-O, on behalf of Howard Street

Similar wording

Holdings, LLC, and Mr. Bill Latham.

Similar wording

Right. You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do. Our vice chair

Similar wording

has just a few questions.

Similar wording

Good afternoon, do you agree to read another refusal or stipulate to his accuracy?

Similar wording

I do.

Similar wording

I have emailed in all the required documents and exhibits that is needed to proceed with

Similar wording

this case five days in advance of this hearing.

Similar wording

I have.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording