bi-level uh unit one is first floor basement level unit two is second floor and third floor
and we do have a roof deck here and they have no objection to the roof deck so you know we are
having this and with the lift up and then uh we met on may 24th at 6 p.m 143 addresses
were notified of this community meeting it was a very well attended community meeting
and proof of mailing our application for appeal along with our notice of refusal on project
information form that we followed the cba our deed to the property showing the ep property llc
and IRA developments are the owners of the property, and finally, our certificate of
taxpayers. With that being said, I have Mr. Eze still in the virtual audience. I would
ask that he raise his hand, and we can give him again. Mr. Eze, please unmute yourself
and wait for the chair. Hi, Mr. Eze. You've been sworn. Just state your name. You don't
have to spell it and mr knockups it'll start if i thank you uh mr you heard everything i stated
today correct and it's true correct yes it is you thought there's your own testimony
yes i do and we received overwhelming support from the community for this project right
yes thank you questions from the board
no no mr chairman kyle you're muted i'm good questions from the virtual audience
there's no hands at this time chair my planning commission thank you mr chairman david effecto
city planning commission mr chairman members of the board the comprehensive plan recommends
Mr. Chairman, members of the Board, the Comprehensive Plan recommends this property for
this property for commercial
commercial mixed-use zoning, but we did not hear testimony that a hardship exists. However,
Yeah, sure.
only one property on the block appears to be in commercial use, so it's tough to characterize
this block as commercial in nature. The City Planning Commission recommends the Board grant
these variants. Thank you. MI 2022 001 827 737 North 42nd Street, I vote yes.
Carol Tenere, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you. Thank you, Mr. Notkinson. I'm going to move right into the 330 list.
And I'll do our preamble here. Good afternoon. My name is Bill Bergman.
I will be chairing this afternoon's EBA hearing. With me is Carol Tenere, our vice chair.
Present, Mr. Chairman.
Ishmael Shaheed, our Board Secretary.
Present, Mr. Chairman.
And our Board Member, James Snell.
Present, Mr. Chairman.
Thank you.
Also here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.
Here's our virtual format.
Be advised, the proceedings are being recorded.
By participating, you will acknowledge your agreement to be recorded.
the video will be available by contacting tonyasunkett at phil.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 and answer box on the
screen is not for testimony or comments. Any comments have to refer to our Executive Director,
Tanya Sunkin. I'm going to look at our continuances for this afternoon. Number five.
MI 2022-001-344-5850 Kimball Avenue. That case is continued. Is there anyone in the audience
has a comment relative to that case? I see no handshare. Are there any other requests for
continuances on the 3.30 list? I see no hands, Chair. Are there any withdrawals on the 3.30
list? I see no hands, Chair. Thank you. We're going to go to number one, MI 2022, 001271,
1213 North 29th Street
Misha Ryan's is the
pro se. This is an application for a takeout restaurant
at the first floor. In the same application with all other
uses as per previously approved structure
see the application number ZP 2020
004753 for the permit.
There's one referral.
The proposed takeout restaurant is a special exception to the ZBA.
He's coming back in as a panelist, Chair.
Thank you.
Hi, could you state your name and spell for the court reporter, please?
Yes, hi.
My name is Jamisha Ryans.
His first name is J-A-M-I-S-H-A.
Last name is Ryans, R-Y-A-N-S.
Great.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
yes our vice chair carol tenary has a few questions hi do you agree to waive the reading
of the refusal and stipulate to its accuracy i'm sorry shane attorney no miss tenary okay i'm sorry
have you emailed the exhibit packet with the required documents consisting of proof of
ownership tax compliance a copy of the refusal or referral photos under plans of this property
five days in advance of this hearing
and have you met with the RCO
and do you have a letter?
So I did send everything in.
I met with the RCO and I do have a letter.
It wasn't a second week of five days
because I was kind of confused by the email,
but I did send it in.
So do we move forward, Mr. Chair?
We're fine, we're fine.
Okay, cool.
I've already talked to our council about this.
Okay, great.
Can I also ask if you can read it into the record?
I do not yes thank you this is this is Hillary
yes thank you this is hill this is hillary bill read the refusal into the record already
i'm sorry i thought so it's a restaurant yeah i apologize no no that's okay that's okay
and it was very quick on the draw there isn't that a referral yes okay cool
He is very quick.
So you may proceed and begin sharing your screen.
Okay, so I'm kind of new to this.
A lot of people are.
Yeah, I'm kind of new.
I think I'm doing it right.
Green button.
Share screen.
Are you using a regular computer, Ms. Ryans?
No, I'm on a MacBook.
A MacBook.
Can you assist?
I was saying if I was to share the screen, it says Zoom will not be able to record the contents of your screen until it quits.
you can choose to quit zoom now or you can do it later so do it later i'm not familiar with the
mac macbook at all um iit bill no i got it i have it it should be okay okay here we go
so basically um this is the front image of the location i'm trying to make it into a juice bar
at least the space back in november to my knowledge the space was supposed to be suitable for a juice
bar, which will be operated similar as a Starbucks. You will order at the counter and you will be able
to, you know, leave or have seating if you would like. But it was technically supposed to be set
up as a takeout restaurant. Upon me trying to obtain permits and other information from my
landlord, it was never set up to be a takeout restaurant. So now I'm here, you know, doing this
process. So this is basically the space. It's at 1213 North 29th Street, which is the area that I'm
from. I'm trying to show you the floor plan. So this is basically the setup of how the juice bar
would be. So here is the counter, the cash register. It would be a small seating area in the
front. And basically the problem that I'm having at the moment is that being as though it's
technically as of right now zoned as the rest as a restaurant and how to take our restaurant
I have to install another bathroom and being as though I'm not the owner of this space I don't
wouldn't like to install another bathroom and I also don't feel as if though another
bathroom is can fit in this space. So
that's basically really it I'm not changing any structural damage to the store the store
will remain the same on the outside um anything that will be being put in the inside would be
a counter and a small seating area I'm trying to pull up the inside of the building
So, on the right-hand side of the image is where I plan on putting the counter space.
Being as though it's narrow, there will not be any seating in the back or on the right-hand
Well, the counter space will be on the right-hand side looking at the photo.
No seating on the left-hand side, no seating in the back of the space where the window
the seating will take place in this front area where the door is it'll be a small
ledge seating on this left wall and on this window here and that's really just about it
i'm trying to see if i have any do you guys have any like questions or anything or
questions from the board no mr chairman no no mr chairman questions or comments from the virtual
audience i see no hands at this time chair hi planning commission this is uh ron bednar city
planning first name ron r-o-n last name bednar b-e-d and they are right do you swear for him
to tell the truth, the whole truth, nothing but the truth. I do. Proceed, Ron. This property is
indicated for neighborhood commercial mixed use on the city plan. Proposed special exception should
not cause any detrimental impacts to the neighborhood beyond what's normally expected.
normally expected. Therefore, we recommend that a request for special exception be granted.
Therefore, we recommend the request for special exception be granted. Thank you.
Thank you. MI 2022 001 271 1213 North 29th Street. I vote yes. Carol Tenere, my vote is yes.
James Snell, my vote is yes. Ishmael Shahi, my vote is yes.
Thank you. Good luck with your project. Thank you so much. Have a good day.
you too okay so here we go number number two mi 2021-003-109-1227 south 4th street
henry clinton is the attorney letter of non-opposition from pennsport civic association
prerequisite approval from the streets department for original plan
Mr. Clinton is coming back in as a panelist here.
Thank you.
Good afternoon, Mr. Chairman.
Mr. Clinton, you've already been sworn today.
Could you identify your client and relationship to this property?
Sure. I have two clients, Gerald Hawley, H-A-L-E-Y, and Harley Saxby, S-A-X-B-Y.
They're both owners of the property. Both are on the call.
Okay, and our vice chair has a few questions.
Hi, Mr. Clinton. 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 and or 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 the all of your plug with a little bit of an explanation.
I didn't get the RCO letter until yesterday, and I also sent additional plans last evening
concerning the parking space that we're asking for.
But yes to everything else.
You may proceed and begin sharing your screen.
Thank you.
is that visible
yeah you're getting almost an advertisement for Zuma
that's certainly not the purpose
I see an email right which is not the point
you want to okay
i think it was just on yeah we got you okay thank you very much make it a little
bigger if you can any better mr chairman that's fine all right let me just start at the beginning
all right thank you for your understanding of patience so this is concerning a property 1227
south fourth street my clients are current residents of center street philadelphia and they
wanted to purchase a property in a neighborhood and become part of a community which they did
they have a home single family home currently under construction uh right at 1224 south fourth
street which is at the intersection of fourth and titan street and the request today is for a parking
space in the rear of the property uh this is my presentation package containing table of contents
AA through A11. My appearance statement, the refusal, the refusal, there's three refusals,
all concerning the request for a parking space at the rear of the property. First refusal is that
a parking spot has to be accessory to a single family property via a shared driveway or rear
street. I'll show you with aerial photographs that there are several other parking spaces and
garage is already on the block. Second refusal has to do with fencing. The code calls for
four-foot high fencing. We're going to have a six-foot high gate and a six-foot high fence
to the rear of the property. And the parking space dimensions requirements are typically 18 feet deep.
the mansion's requirements are typically 18 feet deep we are proposing 16 feet four inches and we
have a traffic engineer's report indicating that that would be ample for a vehicle this is a letter
of support from Pennsport Civic Association excuse me a letter of non-opposition from Pennsport
the one request that they had was that we use a gate that is very quiet there's a specific
manufacturer called Wayne Dalton which has a closing mechanism which is one of the quietest
on the market and my clients are going to endeavor to use that gate so there's no
noise or no excessive noise to the adjacent neighbors for perspective I wanted to show
the board some aerial photographs. This is Titan Street, 4th Street here to the west, 3rd Street
to the left, and the dotted areas are where there are existing either garages or an open parking
space on the same side of the street as my client's property. And I'll note to the board that
on the south side of the street on Titan, there is no parking, so we're not taking any parking
spaces away in fact we're actually taking a car off the street and and hopefully placing it in
this parking space this is another photograph of titan street now we're looking to the north with
four street on your left and third street on your right and again just to show the board there's
three other uh parking curb cuts on this block three of which are garages on the north side and