Thank you.
Chair, we have 35 attendees and we can start.
Thank you.
Good morning.
My name is Bill Bergman and I will be chairing this morning's EBA hearings.
With me is our Vice-Chair Ismail Saeed, Thomas Holliman, our Board Member, and James Snell, our Board Member.
Also here is Hilary Emerson, our Attorney, and our Executive Director, Tanya Sunke.
Here's a virtual format. Be advised if proceedings are being recorded.
The video will be available by contacting tonyasunkett at phila.gov.
For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To 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 comments or testimony.
Any comments should be directed to our Executive Director, Tanya Sunken.
Let's look at what we have in continuances today.
So number four, MI 2022-006-112-4226 Otter Street, this case is continued.
We have one other request for continuance.
Number 10, MI 2022-006-163-5805 East Worcester Street.
Michael McElhenney is the attorney.
Could he please come on?
And also Mr. Charles Richardson from Councilperson Bass's office.
Could he please come on?
Mr. McElhenney
They've been allowed to speak, sir
Good morning, this is Jason Hand
They've been allowed to speak
Can you hear me, Mr. Chairman?
I can, could you state your name, please
and spell for the court reporter
Michael McElhenney
M-I-C-H-A-E-L
m-c-i-l-h-i-n-n-e-y right do you swear for him to tell the truth the whole truth and nothing but
the truth i do we've received the request this morning a recommendation for a
continuance i'm waiting for the council person's office mr richardson
mr richardson you're available to speak can you hear me good morning sir could you state your
name and and please spell for the court reporter good morning mr chair charles richardson office
of councilwoman cindy bass room 508 city hall r-i-c-h-a-r-d-s-o right do you swear or for him
to tell the truth the whole truth nothing but the truth mr richardson
i think we lost him he's still here chair i'm not i'm not sure what's going on with this audio
mr richardson
mr richardson if you're still in the audience please come back in or raise your hand
council will be with you in one minute yeah he came back he went out sir but
i think he's going to come back in
all right his hand is raised oh good thank you i'm back oh good good did you did you hear when i
do you swear from tell the truth the whole truth nothing but the truth i do okay um
miss emerson's going to read a letter and then we'll have a discussion
thank you mr chair this letter is um from a concerned community association
Dear Mr. Bergman, as reported by the FCDC, the coordinator.
Dear Mr. Bergman, as reported by the FCDC, the coordinating RCO for this appeal, there were no neighbors present from the impacted neighbors list.
Members of a concerned community association, RCO, heard and later reviewed the presentation by this applicant, along with representation from Bellfield area neighbors.
Although the nearest blocks to this property may be too distressed to render participation
at an RCO meeting, ACCA RCO feels that this proposed use affects too many areas of the
community to move forward without allowing input from other near-community stakeholders
who are extremely interested and concerned.
A request was made to the Office of Councilwoman Cindy Bass to support a continuance to allow
a greater scope of community members to communicate their thoughts and work with
this applicant. The proposed use of this property greatly will impact not only local
residential blocks, but also LaSalle University, Belfield Recreation Center, LaSalle Shopping
Center. Greatly impacted will also be daily traffic patterns to Central High School,
Pinnell Elementary School, and vicinity residents who communicate, sorry, who commute on Worcester
Street, Olney Avenue, Westview Avenue, and Ogons Avenue, making their way to I-76. This was
respectfully submitted from Sondra Broadus on behalf of a concerned community association RCO.
Counsel, I'm going to go to the council person's office. Mr. Richardson, do you have a position
with this uh actually this was the second meeting that they they held for this uh property uh they
came back at our request and nope showed up for for either of their uh meeting this time the last
time uh miss brotis and her group came on they had like i think about 10 individuals that might
might have been online excuse me and you know they they made whatever decision that they they
wanted to make. We're not supporting this request for a continuance. I'm going to leave it up to
the board to make that determination. I believe Ms. Inez Love, who was the coordinating RCO,
might be online at this point in time. And if she is, can she give some opinion as to what
should take place? But, you know, they've done what they needed to do. And a lot of the claims
in that letter are kind of overstated.
And, you know, like I said,
most of the folks that are involved with ACCA
live about a half a mile away from the location.
Central High School is about a half a mile away
from that location.
You know, just the things that were raised
were not actually things that should be considered
with regard to, you know, going to I-76,
which is over over a mile away or something like that is we don't have an opinion thank you um
council yes sir what's your position on this uh we would prefer to proceed today with the hearing
we did meet with the community twice and at the second meeting we actually worked with a concerned
community association to use their preferred notice of mailing that they say gets more people's
attention and easier to understand. We also posted the property with their notice. My client went
door to door. We did as much outreach as I've ever done on any project. And this, we agree with
community ACCA that this is a two of a distressed area, that we're not going to get that input that
we see in other areas. So we would prefer to proceed. We do have a letter of support from
Ms. Inez's coordinating RCO. Okay. So we're going to, we will proceed with this. We will be with
you, I guess, within about an hour or so. Okay? The case will go on. The case will go on. Thank
you. Are there any other requests for continuance? Ms. Ines Love had her hand raised. I have allowed
her to speak. Sure. Good morning, Ms. Love. Good morning. Could you state your name, please,
and spell for the court reporter? Ines, I-N-E-S, Love, L-O-V-E. Do you swear or affirm to tell
the truth the whole truth and nothing but the truth i do we're going to go on with the case
okay well i can wait until we go all right when when you'll you'll get a chance to talk but we
are going to go on with the case okay thank you all right any other requests for continuances
um yes sir i have a mr gary murray with his hand raised i have a lot of him to speak at his time
hi sir could you state your name please and spell for the court reporter
gary murray g-a-r-y-m-u-r-r-a-y right do you swear or affirm to tell the truth
do you swear or affirm to tell the truth the whole truth nothing but the truth
the whole truth nothing but the truth i do
i do what case sir we are with 5805 worcester
5805 through 11 east west yeah well that that case is going to be called in a little bit okay
yep thank you thank you you'll you'll hear when i call it okay
is there any other requests for continuance
sir mr stanley graham has his hand raised i've allowed him to speak at this time
good morning sir could you state your name and spell please for the court reporter
mr graham please unmute
mr graham please unmute yes could you state your name please and spell for the court reporter
Stanley Graham, S-T-A-N-L-E-Y-G-R-A-H-A-M.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
What case, sir?
Worcester.
Okay, we're going to call that shortly, sir.
You're going to have to wait, okay?
Is there any other request for continuance other than Worcester Street?
Sir, I have Mr. Sherman Toppin with the same race.
I've allowed him to speak at the same time.
Good morning, Mr. Chair, members of the board.
I'd like to request to continue.
Just through the record, Sherman, could you state your name and spell for the court reporter?
Oh, yes.
Sherman Toppin, S-H-E-R-M-A-N-T-O-P-P-I-N, and 1500 JFK Boulevard, Suite 1800 is the address.
All right.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
In what case, sir?
And this is 808 North 46th Street.
And that's ZP 2022-010878.
All right, let me share.
I'll be with you in one minute.
Hillary, did you see that number?
I'm sorry, Mr. Chair.
What was the address?
46th Street.
The chairman's.
Oh, number, that's number two.
Yes, the applicant is still working on the tax cert and will need additional time to accomplish that.
All right. So MI 2022-006-117, 808 North 46th Street, that case is continued.
Thank you, Mr. Chair. Thank you.
Any other requests for continuance?
I see no further hint at this time, sir.
So number 14, MI-2022-006-085-5519 North 4th Street.
We have no exhibits.
This is the first listing.
France Ulysse.
I did not see anything.
Okay, so MI-2022-006-085-5519 North 4th Street, that case is continued. Mark must be tried.
And number five, MI-2022-006-093-1036 Waverly Street, that case has been withdrawn.
we're going to go to our list
number one
MI 2022
wait you know what we're going to go to number 11 first I'm sorry
MI 2022
006-115-405
East Mount Erie Avenue
Angela Yonesa is the one of the owners.
We have a letter of support from the East Mount Airy Neighbors.
We see the owner in the audience.
Any hands?
Yes, sir.
Miss Yonesa has been promoted to panelists.
She will be rejoining shortly.
ANGELA YANESSA, A-N-G-E-L-A, last name Y-A-N-N-E-S-S-A.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you put your video on, please?
Thank you.
So this is for the erection of an addition above an existing detached garage structure.
For the resulting creation of two principal structures for single-family household living.
No changes to the existing principal detached structure, size and location as shown on the plan.
Whereas there's no more than one principal building is allowed per lot in the RSA 2 zoning district, but two are proposed.
And whereas the rear yard depth of 20 feet is required and there is zero feet proposed.
Our vice chair just has a few questions for you, okay?
Good morning.
Good morning.
have you emailed all the required documents and exhibits to proceed on this case five days in
advance of the hearing yes thank you please proceed and share your screen
excuse me share your screen oh i'm sorry
green button on the bottom there you go
okay so as you read we received the denial um just based on the
setback and proposing a secondary principal structure um the appeal
is to use for a home office. Sorry, I don't have a great order here.
The appeal was sent in just to say we're just planning to use for a home office.
The garage, as we did learn, was built not long after the home was built. So we did learn it
was prior to zoning code. And the designation of calling it a secondary principal structure
isn't, not quite sure that's correct. It's not planned to be, you know, really living