Are you ready to go, Tanya?
Let's give it one more minute.
Take your time.
So, Mr. Chair, this is Hillary.
Just to clarify, you don't need to do the announcements this week.
We did them for four weeks.
I made a note for myself for that, Hillary. Thank you.
Okay, great. Thank you for doing that.
Okay, cheer. Let's go when you wish.
Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's ZBA hearings.
With me is Ishmael Shahid, our board secretary.
Present, Mr. Chair.
Thomas Holliman, our board member.
Present, Mr. Chairman.
Also here is our executive director, Tanya Sunkit, and our board attorney, Hillary Emerson.
Before we begin, here is our virtual format. Be advised the proceedings are being recorded.
By participating, your knowledge, your agreement can be recorded.
A video will be available by contacting Tanya Sunkett, our Executive Director, tanyasunkett
at phillit.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify
themselves before testifying.
If you are participating by phone, if you wish to testify, press star 9 to raise your
hand and star 6 to unmute.
to enter an appearance statement, call 267-270-5548. Leave your email and the address
of the property in question. And finally, the question answer box on the screen is not for
testimony or comments. All comments have to be directed to our Executive Director, Tanya Sun.
So let's look at continuities for this morning. Number two, MI 2021-004-590-1331 North 30th Street.
That case is continued. Number four, MI 2022-001-116-2410 North 90th Street. This case is
continued attorney moving parties. Number 10, MI 2021-004-387-6809 Woodland Avenue. That case is
continued. And number 16, MI, wait a minute, I'm sorry, MI 2021-004-368-2967 Amber Street.
Those four cases are continued. Are there any comments from the virtual audience?
Good morning, Mr. Chair. This is Jason Hand. I do not see any hands raised at this time, sir.
Speak up a little bit, Jason. I can't hear you.
Yes, I do not see any hands at this time.
Thank you so much.
And case number nine, MI-2022-002-683-417 East Worcester Street, Unit 103.
This is a request from the continuances from the RCO and also the councilperson's office.
Is the attorney present, and is there anyone from the council's office or the RCO's present?
Mr. Charles Richardson
has his hand raised. I can allow him to speak
at this time. I'm sorry.
I'm sorry. Ms. Haskins should be
promoted first to speak.
She's the attorney.
Ms. Haskins, please raise your hand
again.
H-A-S-K-I-N-S.
All right.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
Counsel, we have a request for a continuance from the RCOs.
I'm going to bring Mr. Richardson on right now.
Mr. Richardson.
Good morning, Mr. Chairman.
Could you state your name and spell for the court reporter?
Charles Richardson from the Office of Counsel in the Bass Room 312 City Hall.
Mr. Richardson, would you state your relative to the continuance, please?
We received three emails, separate and distinct, from each of them.
You're breaking up, Mr. Richardson.
Mr. Richardson?
Ms. Haskins, are you still on?
Yes, I am.
Ms. Haskins, he wants to continue this at the request of the RCOs.
Are you okay with that?
I really would like to place an objection in the record.
We had an RCO meeting.
This is not a difficult case.
It's a mere subdivision of an affordable housing development lot that the lenders have demanded.
that remove a cloud on Tidal.
Okay, let me see if I can get him on here.
Mr. Richardson, can you get back in?
I am back.
Okay, did I already swear you, Mr. Richardson?
You didn't swear me.
Could you give me your reasons why you want to continue?
The they had an RCO meeting and all three of the chairs are contending that it was confusing.
The people that were there and it was only four people that were involved in the in the meeting
and they and they were confused with regard to what they were voting for and they ended up voting
for it three to one but the all three chairs are concerned and if you read the letter that was
submitted by the RCO, the coordinating RCO, it was very confusing to them as to what was being
done. And they said it didn't address the variance that was being requested. So the
councilwoman feels like there needs to be some more conversation with the community before we
render any type of decision on this case. Ms. Haskins, give me your...
The case has no impact on the neighborhood whatsoever, Mr. Chairman.
This is a case of a mere subdivision because we'll have a non-conforming lot after it's subdivided.
There's no development planned for this lot.
It is merely to subdivide, to remove an encroachment.
The adjoining neighbor is encroaching by parking her car.
This was a vacant lot that the redevelopment owned.
The redevelopment authority is a lender.
And the Redevelopment Authority, the city of Philadelphia is asking us to do this, to remove the encroachment.
hi could you state your name hi could you state your name please in the spell for the court
reporter my name is Cheryl Smith and I was in um I'm sorry C-H-E-R-Y-L Smith S-M-I-T-H
you swear from the tell the truth the whole truth nothing but the truth
I do what case you hear talk about oh I was I'm here for 417 I'm the uh 12th word RCO so since
you put it back in the queue. I'll just wait. Okay. Thank you. Thank you. Any other requests for
continuance? Mr. Chair, I have a hand raise for Ms. Rosalind. I will allow her to speak at this
time, sir. Hi, could you state your name and spell for the court reporter, please? Rosalind
mckelvie r-o-s-a-l-i-n-d mckelvie m as in mary c k-e-l-v as in victor e-y
do you swear do you swear a firm to tell the truth the whole truth and nothing but the truth
yes i do what case uh it's just in reference to the same one since it's going to come back
it's going to come back but there's a problem with my internet and uh in case i don't get back in
the person she spoke to that helped her she's referring to me and there needs to be clarification
all right so thank you thank you we're going to get to that case thank you thank you
any other requests for continuance
mr chair i do not say any hands at this time okay case number 11 mi 2021 003 662
3504 Ainsley Street. That case has been previously withdrawn.
We also have a number of cases that we do not have any
documents. Case number one, MI 2021-004-390-7120 Wissahickon Avenue. We have no exhibits. James
Mrs. McLeod is the listed owner.
Last time, Stuart Golden was on the call.
Is there anyone in the virtual audience for this case?
I have a hand raised from a number ending in 2040.
Yes, sir.
Hi, could you state your name, please?
yes i'm i'm i'm yes this is james mccloud from 701 20. do me a favor could you please spell your
name for the court reporter j-a-m-e-s last name n-c-l-e-o-d right do you swear a firm to tell
the truth the whole truth and nothing but the truth yes i do we have no exhibits for your case sir
yeah we just want to make we just want to make a statement to this one to the board
um well we we're either going to hear your case we're not going to hear you are you
requesting a continuance no i'm not yeah yeah yeah wait a minute mr mcleod you're the one to
speak i don't know who's behind you talking but you're the one yeah i'm sorry i'm sorry
sure yeah yes i would like to have a continuance okay all right so this is the second listing
this case is going to be continued must be tried the next time okay that's fine yes sir all right
thank you case number 14
mi2022-002-917-7770 dungan road kevin levy or tony forte is the attorney we have no exhibits
this is the first listing if you're in the virtual audience please raise your hand
i don't see any hands that case that case is continued
mark must be tried
number 15 mi 2021 004 526 110 south 20 street no exhibits second listing
we believe there's attorney will be likely needed for this
any hands jason once again once again sir no hands for this that case is continued mark must be tried
once again sir no hands for this that case is continued mark must be tried the next listing
okay we're going to go to our add-on list
mi 2021 000 792 441 west roosevelt boulevard that case has been withdrawn
Case number three, MI 2021-004-464-2035 West Toronto Street. Vern Adestasio is the attorney.
has he been allowed to speak
yes he can be promoted
he has been promoted
good morning mr chair council how are you good could you state your name and spell for the
court reporter please yeah verne anastasio a-n-a-s-t-a-s-i-o 2016 spruce street philadelphia
one nine one zero three right do you swear a firm to tell the truth the whole truth and nothing but
the truth i do could you please identify your client in relationship to the property yes sir
I represent Elin Silber, who is the sole principal of 2417 Silver, LLC.
Ishmael Shaheed has a few questions for you, our secretary.
Good afternoon, counsel.
Hello there.
Do you agree to wave the reading of the refusal and stipulate to its accuracy?
Did you email all the exhibits and documents as required, such as proof of ownership, tax clearance, copy of refusal or referral, pictures or drawings of the property five days in advance of this hearing?
And did you meet with the RCO and do you have a letter?
Yes to all of that. I don't have a letter, but I did see some sort of email that was sent from the RCO to the ZBA late yesterday.
okay let me just check with counsel uh hillary do we receive anything um i have not received
anything i will double check but yeah i have not received a letter from the rco in this case
it wasn't a letter it was just like a random email from mr car
okay i will take a look thank you
okay please are we going to proceed chair yes yeah proceed share your screen so please
Thank you, Mr. Chair. We're here for 2035 West Toronto Street. The application is for use as a two-family dwelling. In my packet, I have a plot plan. It's an existing property.
It's at the end of a street right next to a very large vacant lot.
There is side access for all tenants to place their trash and for the property management company to take it out to the curb on a weekly basis.
Here is the interior layout.
there's an existing two doors, two entrance entryways to the property.
This is how my client purchased it. He purchased this property sight unseen and he purchased it
through the sheriff's department, through a sheriff's sale. Upon purchasing it, he found
out that it was full of squatters. Folks in there who have been there prior to his taking title
remained in there. They did hire a property management company with the intent of getting
them out. That property management company had difficulty doing that. They then were able to get
the squatters in a position where they could actually file eviction notices. Mr. Todd Barrett
represents my client in three separate eviction cases currently for the squatters in the property.
And my client would like to rehabilitate it.
And that's why he's currently involved in getting the squatters out of the property so that he can, in fact, do that.
I also have proof of the sheriff's sale.
We have proof of meeting with the community more than once.
and i also have in my exhibit packet uh the landlord tenant complaints for
um three the the remaining three squatters in the property i believe the concern was
the history of the property being distressed and neglected and my client of course stipulates to
all of that because he came to this property under distress and would like to be able to,
in fact, rehabilitate it. So with that, we ask, because of the history of the property being a
two-family dwelling, because my client has found it in a distressed state with squatters that he's
now engaged a law firm to, in fact, evict, and because there's lots of disinvestment on this
block as you can see here um by the uh aerial photo for all those reasons we respectfully
request that this be granted and with that i'd like to have mr eli silver raise his hand
mr silver if you're in the virtual audience please raise your hand
I see no hands at this time, Chair.
Counselor, you're an officer of the court.
We will take your testimony.
I thank you for that.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Chair, we have Mr. Charles Richardson with his hand up.
Mr. Richardson, can you please...
Mr. Richardson, you've already been sworn.
Just state your name, please.
i'm sorry chair this is tanya if i could mention i don't think he was sworn in earlier