Mr. Kelsen if you're in the audience
could you please raise your virtual hand
Mr. Chair
this is the case that Jared Klein
appeared earlier and asked for continuance
so that one's already been continued
yeah Jared Klein
already asked for continuance on this one
earlier yes
MI 2021
Callahill Street
must be tried
continue but must be tried
number 11
MI 2022
704 North 23rd Street
Fairmount Civic Association
will not take a position
had they have written a letter
about the history
Christopher Oleta
is the attorney
Christopher is coming back in as a panelist now chair. Thank you.
All right good afternoon sir. Hi could you state your name and spell for the court reporter please?
Sure. My name is Chris Ouellette, first name C-H-R-I-S, last name O-U-E-L-L-E-T-T-E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in a relationship to the property?
Sure. So my client is Jones-Klee Enterprises LLC, represented by Anthony and Andrew Jones-Klee, who are both in attendance for this hearing.
Our Vice Chair, Carol Tenere, has a few questions.
Hi, sir. The first question I'm going to ask you is, do you have any
more photos than the ones you've submitted? I currently do not.
Mr. Chair? So we, our attorney, our attorney is taking a look at the file.
we think you need to provide more photographs so we get to see what's going on in there and
the whole issue with the property is that okay yes so what we're going to do is we'll continue it
our office will be in touch with you but what we need is you know you want to change the first
floor we need photos of what everything looks like and things like that is that okay all right
okay thank you cases continue
Going to the 3.30 list. My name is Bill Berger and I will be chairing this hearing. With
me is Carol Tenere, our Vice Chair. Present. Ismail Shaheed, our Board Secretary. Present,
Mr. Chairman. Thomas Holliman, our Board Member. Present, Mr. Chairman. James Snell,
our board member. Present, Mr. Chairman. Also present is our Executive Director,
Tanya Sunkit, and our attorney, Hillary Emerson. Before we begin, here's our virtual format.
Be advised that the proceedings are being recorded. By participating in your knowledge
agreement to be recorded, the video will be available by contacting Tanya Sunkit at phil.gov.
Two, for the benefit of our court stenographer, we ask attorneys and witnesses to identify
themselves before testifying. Three, if you are participating by phone, if you wish to testify,
press star nine to raise your hand and star six to unmute. To enter an appearance statement, call
267-270-5548. Leave your email and the address of the property in question. And lastly,
please note the question answer box is not for testimony or comments. Any comments have to be
referred to our Executive Director, Tanya Sunke. Are there any requests for continuances on the
330 list? I see no hands at this time, Chair. Thank you. Number one, MI 2022-000-643-1836
South 28th Street. Tracy Soller is the attorney. No letter yet that we have from the
Tracy Soller is the attorney.
No letter yet that we have from the coordinating RCO.
She's coming back in as a panelist now, Cher.
Thank you.
Ms. Soller?
Hello?
Could you state your name and spell for the court reporter, please?
Tracy Soller.
It's T-R-A-C-Y-S-A-U-L-E-R.
My address is 1019 South 8th Street, Philadelphia, 19147.
Thank you.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and their relationship to the property?
My client is Hu Bach Lee, and he is the owner of 1836 South 28th Street, and I am his attorney.
Thank you.
Our vice chair has a few questions.
Hi. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,
photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
yes to all with with one exception i had difficulty getting the tax clearance certification for one
owner the system said missing information i did submit a request over to the city for that
clearance certificate i do have the other clearance certificate attached for the property
so i'm just waiting to get that back and if i could ask if i could submit that by monday
and we could still have the hearing today i would greatly appreciate it so we have the time we have
the tax for the property we do have one it's owned by um husband and wife i have a tax clearance for
the husband but not for the wife okay yep let's go okay how about how about the rco do you have
a letter i do yes we just got that today so you i'm not sure if you have access to it yet but i
Hillary, could you send it to our attorney?
Proceed when you're ready.
Thank you.
So we're here today to request a variance for the property located at 1836 South 28th
Street, Philadelphia. The current zoning of this property is RM1, which is zoned residential.
This is a corner property. Counsel, could you share your screen with us?
Yes, I can.
thank you you're welcome so this is the the property here
and i have a packet which includes a copy of the refusal the refusal was for use which is
personal services requested on the first floor. The client is requesting to use the first floor
as a barbershop with a single family dwelling above. We also included a copy of the refusal
which was issued. We did meet with the community members. We met with four of the local RCOs,
The Grays Ferry Community Council, ROAD, Tasker Morris Neighborhood Association, as well as Philly Thrive RCO.
And we have a letter in support from the RCOs, which, did you say you have that or should I share my screen on that letter?
What are you sharing?
Yes, it has not. This is Hillary. It hasn't come through yet. So please share your screen. Thank you.
Okay, thank you. One moment.
We met with the RCO on
We met with the RCO on two occasions.
On the last occasion was April 28th at 7 p.m.
We met with those four RCOs as well as members of the community.
And we took a poll of the community members in attendance and also the RCOs voted.
The result was that the RCOs voted to support our variance request in this matter.
this is a copy of the letter that was sent and um if you don't have that i can also email that over
at the conclusion of the hearing
i have photographs of the property which i will share
is that still sharing we don't see the photos of the property okay sorry i have to switch
that's okay
okay I have photos of the exterior as well the side of the property the rear
I have photos of the neighboring street and I have photos of the inside of the
property as it currently is set up. And I also have photos of the zoning poster
which was posted on April 18th on the side of the building as well as the
front of the building. More photos of the street. We also canvassed the neighborhood
and asked for support from the neighbors. We received 71 signatures in petition in support
of the requested variants. I have my client Hu Bak Lee on the call as well, and I'll ask him
to introduce himself, and I'm going to speak slowly when he gets on. He will raise his hand.
Can I ask one question? How about you have signs? Yes, the photos of the signs.
the signs. Yes. The signs were posted on the front door. And because it's a corner property,
the sign was also posted. No, I think it says here you want to put
two non illuminated flat wall signs up. Oh, I'm sorry. Yes.
the signs are like you said non-illuminated they're flat wall signs roughly three feet by
three feet on we have the height here but here's the proposal for the sign
three feet high by three feet wide and there would be two because again it's a corner property there
would be one on the front of the building here just above the window and one on the side street
thank you excuse me council can you can you go back to the side and flip it
I didn't flip it.
It's not letting me rotate it, one second.
Hi, this is Tanya, if necessary I can email it.
I don't want to do that, Tom.
Yeah, I apologize.
For some reason, it won't allow me to rotate it.
I don't know if it's because I'm sharing.
Because I'm sharing.
Okay, while we're waiting for the email to us, could you have your client adopt your testimony, please?
Who, if you could raise your hand?
nobody's hand raised at this time
okay you're an officer of the court and uh we will take your testimony in the place
um questions from the board and hopefully the signage will be around soon
questions
no questions all right questions or comments from the virtual audience
oh um we have a nancy okay
i'm sorry their hand just went down okay i'm sorry all right go ahead
could you state your name and spell for the court reporter please
ma'am you can unmute yourself if you wish to testify yes i will could you put that sign up
again please first of all could you state your name and spell for the court reporter
yes can you hear me i can thank you my name is nancy rabic n-a-n-c-y
last name capital r a b as in boy i k all right do you swear or affirm to tell the truth the
truth nothing but the truth yes i do i could you proceed yes um i have a question to ask
this refusal was given on december the 20th 21st 2021 and at the bottom of that sheet it says that
And an appeal can be made within 30 days.
Mr. Bergman, we're well past that.
Is there...
No, but wait a minute.
I think you can appeal, but then there's a backlog of cases.
So your appeal is when you file.
And I would think this was filed within a period of time.
And then the case is listed.
Hi, Chair.
This is Tanya.
You're absolutely correct.
Thank you for telling me that. My next question is, there was a list of names. I'd like to know in what radius of 1836 the knocking on the doors or getting addresses were.
because i'm a retiree my neighbor joan leaney who's here with me also retiree we did not get
any any and no we didn't hear any knocks on the door and no one asks asked us for any right
signatures so so i i think so here's a better question the better question is are you in favor
of the project no i am not and neither am i okay so ma'am we have your we have your information
that you're not in favor of it.
Thank you very much for calling in.
Is there anybody else in the virtual audience
that has a comment?
No more hands, Chair.
Planning Commission?
Excuse me, Mr. Chairman?
She has to sign up.
What is internally illuminated?
Counsel?
that's that's actually that shouldn't be on there it's a non-illuminated i apologize for
that error um it's a flat wall sign non-projecting it's three quarters of an inch thick and it's
non-illuminated so that should be corrected um on the actual application we did put non-illuminated
wall sign and that's what the request is for so there are no lights that are going to be on the
sign thank you planning commission this is uh ron bednar city planning
ron state your name and spell it please first name ron r-o-n last name bednar b-e-d-n-a-r
all right do you swear for him to tell the truth the whole truth and nothing but the truth i do
This property is indicated for residential use on a city plan or adopted district plan recommends no change the existing residential 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 conformity with the code.
The applicant's hardship is not supported with evidence of unique physical circumstances.