Yes. There's no list of attendants, no position of near neighbors. The identification of the property as the nuisance property on the list sent to the council person was new information.
I thought, you know, at an RCO when you're presenting and have had conversations leading up and provided, you know, notice that something like that would have been brought up, that this particular property was a nuisance property so that we would have the due process to be able to defend against that at the RCO meeting.
um further uh the the letter states as supposition that um you know somehow this applicant is
This applicant is responsible for all the cars in the street, but the actual sentence, if you could bring up the RCO letter, Vern?
responsible for all the cars in the street but the actual sentence
I don't believe that made our packet, but the...
That's okay. Essentially, it says, you know, two sentences in opposition.
The first being, to paraphrase, this is a nuisance property that is on the list we sent to the council person, period.
There are junk cars on the street.
Period. It never links the two. It never creates a nexus between the problem and the applicant's operation and is purely supposition and, in my opinion, does not meet the burden a protestant has in a special exception case.
Very good. And you reviewed the LNI history of violations on this particular property, have you not?
Yes, as it relates to the current owner, the violations relate to the use, special exception, and the requirement for a CO associated with that use.
No other violations about leaving abandoned cars on the street or oil problems or anything like that?
No nuisance problems listed, no anything like that.
In fact, on a review of 411, the cars I identified were 300 plus feet away from this property.
Very good. Thank you, Mr. Cook.
Now I'd like to call my client, Mr. Berkhauser.
Let me see you, Mr. Berkhauser.
Mr. Burkhauser, if you're in the virtual audience, please raise your hand.
He may be on the phone.
I'm not sure how he's logged on, unfortunately.
I did check with him.
Do you know the last four digits of his number, Mr. Anastasio?
I can get that for you.
I'm sorry.
Hold on.
I don't see that phone number.
i don't see any phone number ending with those four digits okay i'm going to go on to my next
uh witness the tenant of the property if that's okay maybe mr burkhausel will present himself
um can i uh call to for witness andre mcintyre
mr mcintyre please unmute yourself and wait for the chair
could you state your name and spell for the court reporter
yes it's um andre mcintyre could you spell it please a-n-d-r-e-y first name last name is m-c-i-n-t-y-r-e
right do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do proceed thank you mr chairman mr mcintyre uh is it true that you and mr burkhauser are
clients of our firm in order to secure the special exception? Yes. Okay. And did you hear
my presentation and the presentation of the fact witness attorney Harry Cook before the board this
morning? Correct. Okay. And was it true and accurate to the best of your knowledge? Yes.
And do you adopt it as your own testimony? Yes. Thank you very much. You were present at the RCO,
sir? Yes, sir. Okay. And you believed that the auto body work was consistent with the
property use and the other adjoining properties doing sorts of the same business. Is that right?
Yes. Okay. Recently, did someone come to you about junk cars as recently as a week ago or so?
yes from the community yes okay can you explain to me uh what was that uh what was that in a react
interaction like well um the person was just asking if i got cars sitting off the street so
i said no and i walked with her and i walked with her and um showed her that's not my car you know
mean i keep my cars in the shop okay so she she asked you if certain cars on what street
were yours that was worth street not our block okay and you followed her to worth street to
identify the automobiles is that right yes and when upon looking at the automobiles you explained to
Yes. And when upon looking at the automobiles, you explained to her that, no, those cars were
her that knows.
not associated with your business whatsoever. Is that right? Correct. Okay. And is it your
understanding that for the last several decades, Mr. Berkhauser has had a struggle with junk cars
blocking the property in question as well? Is that right? Yes. Okay. And he too has called
L&I to get those junk cars removed and are dealt with. Is that correct? Yes. Very good.
All your operations are by appointment only. Is that correct? Correct. And those cars are
pulled into the property and never leave that property until they're ready to be picked up by
your client. Is that right? Yes. Okay. And you were never notified that you were on some sort
of nuisance list from the community is that correct no okay yes yes
well you were notified recently but before that you had not been told that you were a nuisance
is that right no i've never been told okay thank you very much uh unless mr is mr burke i thank
you i have nothing further for this uh witness i would like to get mr burkhauser on uh the record
if he's still there or if he's there.
Chair, Mr. Burkhauser is available,
but when I go to unmute him,
it says he's not able to be unmuted
because he's using an older version of Zoom.
It's telling me to promote him to panelists.
Yes, he's been promoted.
Okay, thank you.
Hi, could you state your name
and spell for the court reporter?
Joseph Berkhauser, J-O-S-E-P-H-B-E-R-K-A-U-Z-E-R.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
Proceed.
Thank you, Mr. Chairman. Mr. Berkhauser, you heard my presentation to the board this morning?
Yes, I did.
Was it true and accurate? And Mr. Cooks as well, is that correct?
Yes, sir.
And is it true and accurate to the best of your knowledge?
Yes, it is.
And do you adopt it as your own testimony?
Thank you.
Have you operated in this facility for the last 40 years as a welder?
We had a welding shop.
We started there in 1968, and I took over about 1993.
And during that time of running it, did you, too, have to deal with the problem of junk cars and abandoned cars blocking your business on a regular basis?
crisis? Yes, I did. And how did you handle it? I visited the 15th District. I stopped police
officers right in front of my shop. They devised me to call 411. I called 411. I pulled my hair
out. I couldn't get it resolved. Okay, so this was a long-standing problem prior to you leasing
this space out to mr mcintyre uh a year and a half ago is that right for many years sir okay
and you are surrounded literally surrounded by other automotive style businesses on the block
is that right correct two of them do nothing but auto body work and that's what a lot of these
cars are cars they're all smashed up with no tags on them right and the cars with no tags that's
been a real problem and a nuisance uh for the several decades that you've operated your business
is that right yes yes it was that was my big number one concern because i didn't have tags
understood understood uh and when you leased the property out in question you did believe that
the use was compatible with the code at the time was that correct yes i did and subsequently you
learned although it's assumed to be compatible there was the small uh issue of getting a special
exception is that right correct sir and how would you say mr mcintyre operates his business
i think mr mcintyre operates business like a business uh he's very professional he has a
you know does a lot of family work things like that people he knows so uh he's not getting people
just coming off the street i think he you know he operates his professional way okay and at no time
as far as you know, have you been approached or Mr. McIntyre been approached about a particular
either junk car or a car without tags that ended up being a car associated with your property? Is
that right? That's correct, sir. At no time. At no time. Thank you. And you were never issued
thank you and you were never issued any sorts of lni violations for any of the nuisance uses that we
any sorts of L&I violations for any-
discussed today is that right that's correct sir very well i have nothing further questions from
the board don't miss the chairman questions or comments questions or comments from the virtual
audience. Chair, we have Sloan Folks with his hand up. Mr. Folks, you can unmute yourself and
wait for the chair. Good morning, Mr. Folks. State your name and spell for the court reporter.
Good morning, Chairman Bergman, ZBA board, and all. My name is Sloan Folks, representing the
office of councilwoman maria canina sanchez 7th district room 508 city hall mr folks spell your
name we we have a different call i apologize my name is spelled sloan s-l-o-a-n-e folks f as in
fire o-l-k-s do you swear or firm to tell the truth the whole truth and nothing but the truth
i do sir thank you proceed um the applicant has met with the rco and has garnered a letter of
proposition um the councilman would like to put on the record that over the past three years this
office has worked with several city agencies including the 15th district police department
the department of licenses and inspections and the department of neighborhood services to address
the overwhelming number of unlicensed audible pair shops that operate in the frankfurt community
recently our office working with these agencies and the community has gained a foothold in
addressing this issue with over 100 abandoned autos removed from the streets and a tremendous
number of illegally operating businesses closed.
Given the concerns of the community and the outcome of the RCO meeting, our office is
going to oppose this variance request.
Thank you.
Thank you, Mr. Folks.
Just two quick points, Mr. Chairman.
Again, I respect going after you leave.
Vern, Vern, let me see if there's anybody else
that has a comment.
Yes, sir.
And then you can come up.
Thank you.
Any other comments from the virtual audience?
I see no other hands at this time, Chair.
Go ahead, Vern.
just in closing that this use i mean i respect mr sloan's office going after quote-unquote
illegal uses of auto body places this is uh this particular property this use is assumed compliant
uh we're not seeking a variance so uh we're merely seeking a specialist exception so this
property would be outside of that category of quote illegal non-compliant uh uses it's assumed
compliant unless this specific property can be identified as an evidence can be either submitted
or testimony taken that this specific property has caused any particular detrimental impacts
on the community and by the way along with the council office and the community and the police
district mr burkhauser has spent decades trying to deal with these cars uh with zero uh no license
plates on them uh we've offered testimony uh to that regard and there is absolutely no evidence
uh that there is that this particular property uh should not get the relief of a special exception
Unfortunately, the RCO letter does not meet its burden.
Thank you.
Planning Commission.
Thank you, sir.
David Fecto, City Planning Commission.
Mr. Chairman, members of the board,
the comprehensive plan recommends no change to the industrial and commercial mixed-use zoning at this location.
The applicant has shown that the proposed vehicle repair and maintenance facility
would have no more of an impact than such a facility would be expected to have and so the
City Planning Commission recommends that the board grant a special exception. Thank you. MI 2020
003 118 2109 Gillingham Street I vote yes. Harold Tenere my vote is yes. Thomas Solomon
My vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Mr. Chair.
Could you stay on, please, sir?
Yes, sir.
MI number four and number six will be heard together.
MI 2021-005-247-2303.
005-247-2303, Delancey Street, and MI 2021, 005-224-2319, Delancey Street.
The counsel is Justin Crick. I do not see an RCO letter. Vern Anastasio represents neighbors opposing this in the area.
Mr. Crick has been promoted to panelist here.
Mr. Crick, could you state your name and spell for the court reporter?
Yes, Justin Crick, J-U-S-T-I-N, last name is K-R-I-K, address is 1500 JFK Boulevard,
Suite 630, Philly, PA, 19102.
Right.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your clients in these two cases and their relationship to the property?
Yes, the clients are entities known as 2303 Delancey LLC and 2319 Delancey LLC, and I have Anthony Massiri here as representative and principal of those entities.
Thank you. Our Vice Chair, Carol Tenere, has a few questions.
Hi, Mr. Crick. Do you agree to wait 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?
In each instance, we do. The RCO letter was not submitted by me, but it was submitted, I believe, directly by the RCO to the board.
So we have exhibit packets on both of these cases.
That is correct.
Okay, great. You may proceed and share your screen.
thank you excuse me mr chair this is hillary um i i have seen the rco letter for 2303 delancey but
i have not seen the rco letter uh for 2319 thank you mr chair this is burt anastasio i just
forwarded to attorney emerson of the copy that i had from ccra uh opposing uh 2319 as they opposed
2303 thank you thank you mr anastasio you're quite welcome mr crick why don't you start
all right thank you i'm just grabbing the appropriate document for you um we'll go with
this one first uh members of the board um i'm here presenting uh for the properties at 2303
delancey place and 2319 delancey place um let me unpause that for a moment
all right are you able to see the uh current appeal binder we can all right thank you um
the two properties while they are they are uh on the same block and and and i have separate uh