civus
Hearing video

ZBA Hearing - October 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 12, 20223h 32m

Let me know when everyone's in.

Similar wording

Yes, Chair.

Similar wording

Okay, Chair, we have 24 attendees, and we can start as you wish.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

My name is Bill Bergman, and I will be chairing this morning's ZBA hearings.

Similar wording

With me is Ismail Shahid, our board secretary, Thomas Holliman, our board member, and James

Similar wording

Snell, our board member. Also present is our board attorney, Hillary Emerson, and Lakeisha

Similar wording

Dandy, our ZVA hearing supervisor. Before we begin, here's our virtual format. Be advised

Similar wording

these proceedings are being recorded. By participating, you acknowledge your agreement

Similar wording

to be recorded. A video will be available by contacting tonyasunkett at phila.gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses

Similar wording

to identify themselves before testifying. If you're participating by phone, if you wish to

Similar wording

testify, press star 9 to raise your hand and star 6 to unmute. To enter an appearance statement, call

Similar wording

267-270-5548. Leave your email and the address of the property in question. And finally, the

Similar wording

question answer box on the screen is not for comments or testimony. Any comments or testimony

Similar wording

has to be directed for Executive Director Tanya Sumter. So let's look at our continuances for the

Similar wording

930 hearings. Number four, MI 2021 003 722 1901 West Moreland Street. This case is continued.

Similar wording

marked must be tried. Number five, MI 2022-001-365-9212 Delver Avenue. This case is continued.

Similar wording

Number six, MI-2022-001-367-9218 North Delaware Avenue. This case is continued.

Similar wording

Number eight, MI-2022-001-362-9214 North Delaware Avenue. This case is continued.

Similar wording

And number nine, MI-2022-001-359-9216 North Delver Avenue. This case is continued. Number 14,

Similar wording

MI-2021-003-847-4911 Frankfurt Avenue. This case is continued for the RCO meeting. Case must

Similar wording

must be tried next time. And number 16, MI 2022-003-647-2321 North Broad Street.

Similar wording

This case is continued. Mark must be tried.

Similar wording

Are there any comments about the cases that have been continued?

Similar wording

I see no handshare. Any requests for additional continuances?

Similar wording

Chair, we have Jeffrey Young.

Similar wording

Good morning, Mr. Young.

Similar wording

Good morning, Mr. Chair.

Similar wording

My name is Jeffrey Young.

Similar wording

I'm here on behalf of-

Similar wording

Jeffrey, could you spell your name for the court reporter?

Similar wording

I'm sure everybody knows your name, but-

Similar wording

Thank you.

Similar wording

Jeffrey, J-E-F-F-E-R-Y, Young, Y-O-U-N-G.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

Proceed.

Similar wording

Good morning, Mr. Chair. I'm here today on behalf of the applicant, Ms. Taliba Cherry

Similar wording

for 616 North 11th Street, MI 2021-00385.

Similar wording

2021-003854. We're requesting the continuance. I was recently retained by Ms. Cherry to help her

Similar wording

go through this process. We're requesting the continuance because there has been a technical

Similar wording

issue with obtaining a tax clearance, an error by her accountant filed documents as a corporation

Similar wording

rather than LLC. And so we're just working through that issue to get tax clearance from

Similar wording

uh revenue okay thank you mr young mi 2021 003 854 616 north 11 street cases continue will be

Similar wording

marked must be tried thank you sir any other requests for continuance yes chair we have to

Similar wording

The tree is where?

Similar wording

Okay.

Similar wording

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

Similar wording

D-E-M-E-T-R-I-U-S.

Similar wording

Okay.

Similar wording

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

Similar wording

Yes.

Similar wording

What case?

Similar wording

i have a zone i had your um continuing zoning uh what what kid what's the address

Similar wording

oh 914 west gerard avenue all right hold on that's number 10 on our list mr chair

Similar wording

Okay. So a couple of things here. MI 2022-001-328-914 West Rod Avenue.

Similar wording

We believe there may be an attorney needed and we have no exhibits. This is a second listing.

Similar wording

Mark this case as must be tried the next time. Okay.

Similar wording

sir yes cases mark must be tried next time so i have to get an attorney um mr where can you

Similar wording

please this is hillary um emerson can you please reach out to the zoning board office and we can

Similar wording

determine whether you need an attorney or not okay the staff will put the information um into the

Similar wording

chat all right thank you hillary all right thank you all right any other requests for continuance

Similar wording

chair we have diane monroe okay

Similar wording

all right good morning miss monroe could you state your name and spell for the court reporter okay

Similar wording

Diane, D-I-A-N-E, Monroe, M-O-N-R-O-E.

Similar wording

You swear to tell the truth, the whole truth, nothing but the truth.

Similar wording

Yes, I do.

Similar wording

What case?

Similar wording

Okay, it's two cases, and they just asked for a continuance.

Similar wording

the 616 North 11th Street, and the 914-18 through Gerard Avenue.

Similar wording

We have been working with both of these cases, the RCO, with these two young people.

Similar wording

So, you know, we are not in opposition to either one.

Similar wording

So now I understand it's going to be continued, which I was recommending.

Similar wording

That's right. Both were continued.

Similar wording

Yes. Thank you.

Similar wording

Thank you. Thank you for calling in.

Similar wording

Any other requests for continuance?

Similar wording

Yes, Chair. We have Carol Lingo.

Similar wording

Good morning. Could you state your name and spell for the court reporter, please?

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

She's unmuted, Chair. She's just not responding.

Similar wording

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

Similar wording

Okay. We're going to move on to cases that we do not have any exhibits for.

Similar wording

Chair, excuse me. We have one more hand. Carl Williams.

Similar wording

All right. Mr. Williams, state your name and spell for the court reporter, please.

Similar wording

Mr. Williams, please unmute yourself.

Similar wording

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

Similar wording

C.A. Carl Williams, C-A-R-L-W-I-L-L-I-A-M-S.

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 case do you want to talk about, sir?

Similar wording

what case do you want to talk about sir uh i'm not really familiar with uh the you know the the

Similar wording

I'm not really familiar with.

Similar wording

the numbers and stuff like that just tell me the address what's the address i'm not even

Similar wording

familiar the address it's it's on fillmore street uh like like the 1700 block of fillmore in that

Similar wording

area mr chair that's number two on the list 1733 fillmore street 33 film right we'll be calling

Similar wording

that case shortly. And Carol Lingo, Carol Lingo is, she's at work. She's just started a new job.

Similar wording

She can't, um, for Amtrak. And she, she sent me all this information. All right. So with the show,

Similar wording

we're going to call that in a little bit. Okay. Okay. And you'll have an opportunity if you want

Similar wording

to talk when I, when I, uh, open it up to the audience. Okay. All right. All right. Let's look

Similar wording

at our cases that we have no exhibits for it. Number one, MI 2021, 003-844-1217 South 50th Street.

Similar wording

John Taylor is the attorney. We have no exhibits. This is the third listing.

Similar wording

Chair, we have John Taylor. Okay. Good morning, Mr. Taylor. Could you state your name and spell

Similar wording

for the court reporter please uh my name is john taylor um t-a-y-l-o-r right we submitted the

Similar wording

so hold on hold on do you swear for him to tell the truth the whole truth and nothing but the

Similar wording

truth i do we we emailed the exhibits on thursday last week

Similar wording

hillary do we have anything i'll double check but i did not see anything

Similar wording

mr taylor where did you send it to sure see here

Similar wording

mr taylor i'm here i'm looking i'm opening the email that we sent out take your time

Similar wording

okay let's see here

Similar wording

we send it to the rcob so rcozba tcp zoning phila.gov and suletazba at gmail.com okay

Similar wording

i'm sorry mr taylor we we did receive them but the issue was we didn't we didn't find them because

Similar wording

the the email wasn't marked with the exhibit so when we went to look for the exhibits for the case

Similar wording

they didn't come up um so i had to go for email look through email specifically from you

Similar wording

and then open up the files to see what cases they were for.

Similar wording

So, Mr. Chair, I can look at these since they were timely submitted, review them,

Similar wording

but we'll just have to move this case to the end.

Similar wording

Okay.

Similar wording

Mr. Taylor, we'll call you as we go through the documents, okay?

Similar wording

All right.

Similar wording

Thank you.

Similar wording

And thanks for your information.

Similar wording

I appreciate it.

Similar wording

Three.

Similar wording

And also number...

Similar wording

13. MI 2021-003-903-5323 Chester Avenue. No exhibits, third listing. Glenmore Morris is the

Similar wording

owner applicant. Mark must be heard. I see no hands, Chair. Okay. MI 2021-003-903-5323

Similar wording

Chester Abner. I vote to dismiss. Thomas Holloman, my vote is to dismiss.

Similar wording

James Snell, dismiss. Ishmael Shaheed, dismiss. Thank you.

Similar wording

okay we're going to go to our add-on list

Similar wording

mi2022-003-345-6995 teaching street i certify on the record that i have read the transcripts

Similar wording

from 516-18 the hearing before the board ishmael could you certify

Similar wording

sure uh good morning i ishmael shaheed certified that i have reviewed all the documents

Similar wording

associated with this address mr snell yes i james snell certified that i have read and viewed

Similar wording

Yes, I, James Snell, certify that I have read and viewed the documents in regards to this Peach and Street.

Similar wording

Okay. For NLI 2022-003-345-6995, Peach and Street, I vote yes, proviso, as per supplemental findings of fact and conclusion of law adopted by the ZBA on October 12, 2022.

Similar wording

Thomas Holloman, my vote is yes, with provisos.

Similar wording

James Snell, my vote is yes, with provisos.

Similar wording

Ishmael Shaheed, my vote is yes, with provisos.

Similar wording

Thank you.

Similar wording

Number two on our list is 19798-714 West Clearfield Street.

Similar wording

This is a request for withdrawal.

Similar wording

I'm going to go to our regular list.

Similar wording

number two. Mr. Chair, just to confirm that last case is withdrawn, correct? Yes, withdrawn.

Similar wording

Thank you. Going to our list, our regular list, number two, MI 2021-003-785-1733

Similar wording

Fillmore Street.

Similar wording

Darnell Treat is the

Similar wording

attorney.

Similar wording

We do have an RCO letter. Am I right,

Similar wording

Hillary?

Similar wording

We, excuse me one second.

Similar wording

No, we do not have an RCO letter.

Similar wording

Okay, all right, good.

Similar wording

There was this RCO

Similar wording

meeting on 7-14-22.

Similar wording

Correct. Thank you.

Similar wording

Ms. Treat.

Similar wording

Okay.

Similar wording

Good morning, Commissioners. Darlene Threatt on behalf of the applicants.

Similar wording

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

Similar wording

Darlene, D-A-R-L-E-N-E, Threatt, T-S-A-R-E-T.

Similar wording

Darlene, you're breaking up a little bit. Could you do that one more time, please?

Similar wording

D-A-R-L-E-N-E, T as in Thomas, H-R-E-T.

Similar wording

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

Similar wording

Hello?

Similar wording

You hear me?

Similar wording

You're breaking up.

Similar wording

Let me see if I can move a little bit.

Similar wording

Is that any better?

Similar wording

Yeah, it is.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

My client is Oliva Jose Vellatoro.

Similar wording

Mr. Vellatoro, are you on the line?

Similar wording

Okay, we'll get a chance to call him.

Similar wording

Mr. Holloman has a few questions for you.

Similar wording

Thomas?

Similar wording

chairman i don't know if that's my sound or yours i don't hear any okay thomas do you agree to waive

Similar wording

the reading of the refusal and stipulate to his accuracy yes but i would like to amend our

Similar wording

originally we asked for six units we bumped it down to two okay did you email all of the exhibits

Similar wording

and documents as required, such as proof of ownership, tax clearance, copy of refusal or

Similar wording

referral, pictures or drawings of the property five days in advance of this hearing. Did you

Similar wording

meet with the RCO and do you have a letter? Yes, I met with the RCO twice. I was not afforded a

Similar wording

copy of the letter as my understanding went in. Please proceed to share your screen.

Similar wording

can you see my screen we we can yes commissioners i represent uh 1733 uh fillmore street

Similar wording

I submitted a package of information contained in 35 documents.

Similar wording

They include the refusal, the project information form, tax information,

Similar wording

a little bit of zoning history about the area, plans, pictures, a community flyer, and a certificate.

Similar wording

commissioners

Similar wording

commissioners uh we applied to the zoning board of a judge to uh legalize a rear unit above the

Similar wording

garage and one new unit in the front of the building i'm going to uh all the way down very

Similar wording

quickly let me just this thing is not excuse me miss three this is hillary you keep breaking up a

Similar wording

little bit. I don't know if there's somewhere else you can maybe move so we can just, for the

Similar wording

court reporter, can make sure we're getting your testimony. Thank you, Ms. Emerson. Let me move a

Similar wording

little bit. Thank you. Okay. Hopefully this is a little better. Yeah, let's see what that does.

Similar wording

So basically, we have a lot that we consolidated. It was just a real garage and the front was vacant. I'm just going to scroll all the way down here so I could just give you a little of what I'm speaking in regards to.

Similar wording