Thank you.
Good morning. My name is Bill Bergman and I will be chairing this morning ZBA hearings. With me is our Vice Chair Ismail Shahid. Present Mr. Chairman. Our Board Member Cheryl L. Gaston. Present Mr. Chairman. Our Board Member Tanetta Graham. Present Mr. Chairman. Our Board Member Michael Johns. Michael should be on it very shortly. And our Board Member Taya Nguyen. Present Mr. Chairman.
Also present is our attorney, Ryan McSherry, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.
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Let's look at our schedule for this morning.
number two mi 2024 002932 5625 thomas street cianni oliver is the listed owner applicant
this is the third listing with no exhibits council member gauthier has requested a
continuance because the rco has not been meeting has not occurred cianni oliver
good morning mr chair this is jason hand i will be your co-host for the session
i do not see any hands raised for the matter and the individual question is not present
virtually thank you so this is the third listing so mi2024 002 932 5625 thomas avenue i vote to
dismiss. Cheryl Gaston,
my vote is to dismiss.
Tanetta Graham, my vote is to dismiss.
My vote is to dismiss. Ishmael Shahid, my vote is to dismiss.
Thank you. Number 11, MI 2024,
007-418-1512
Cambridge Street, that case is continued.
Number 13, MI
20, 25, 0, 0, 0, 0, 2, 4, 19, 25, West Summer Street, Somerset Street. That case is continued.
And number 14, MI 20, 25, 0, 0, 0, 0, 2, 5, 66, 17, Algar Street. That case is continued.
Are there any other requests for continuances?
Are there any other requests for continuances?
Yeah, I do not see any further hands raised for continuances.
Okay, so we have a few cases with no exhibits.
Number four, MI 2024-004-848-1301 East Westmoreland Street.
E.B. Riaz-Alazabal is the listed applicant.
This is the second listing. We have no exhibits.
I do not see any hands raised for the matter, Mr. Chair.
Thank you. This is the second listing with no exhibits.
So MI 2024-004-848-301 East West Moreland Street, I vote to dismiss.
Cheryl Gaston, my vote is to dismiss.
Tanetta Graham, my vote is to dismiss.
Iowan, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Number seven, MI 2024, 007-406-5907 Urjic Street.
Devin Upta is the attorney.
This is the first listing.
We have no exhibits.
Mr. Chair, I promoted him here.
We'll be coming back in shortly.
Good morning, Mr. Chair.
I emailed my constituents for plus in this morning for 5907 Urjic.
Okay, so this is the first listing. So MI 2024-007-406-5907 Urgex Street. This case is continued to 10-15-25 at 9.30 a.m. Thank you, counsel.
And number 15, MI2025, 00028, 4000 North Fairhill Street.
Fannie Renesso is the listed applicant.
The listed owner is Nori Deepkland.
This is a request. We have not received a written request for the withdrawal yet. Are any of the owners in the audience?
Mr. Chair, no hands are raised for the matter.
Okay, so MI 2025-00028, 4000 North Fairhill Street. That case will be continued. Mark must be heard to 10-15-25.
yeah yeah yeah sorry there yep you should have anyway okay so we're going to go to number six
am i oh i'm sorry here's our add-ons
number one mi 2024 003 740 13 24 to 26 each pet shunk avenue the vote in this matter has
been rescheduled to wednesday may 21st at 8 30 a.m number two mi 2024 007 299 609 annon street
the vote in this matter has been rescheduled to wednesday may 14th at 9 30 a.m
number three mi 2024 007 301 101 88 busselton avenue i vote no
Cheryl Gaston, my vote is no
Ishmael Shaheed, my vote is no
Taya there
You're on mute
I hit the button twice, sorry
My vote is no as well
Taya went, my vote is no
Thank you
Number four, MI-2025-001-558-2308-St. Albans Street.
I vote to dismiss.
Dismiss for failure to state any grounds on which the appeal could be granted.
Request to transfer this matter to the Board of License and Inspection Review is denied.
Cheryl Gaston, my vote is to dismiss with proviso.
Taya, my vote is no with proviso. Taya, my vote is no with proviso.
It's actually dismissed.
Ishmael Shaheed, my vote is dismissed with proviso.
Taya, you might have to say that again.
Taya, when my vote is to dismiss with proviso.
Thank you.
Number five, MI 2024-007-327-714 North 43rd Street, I vote yes.
Number five, MI 2024-007-327.
Cheryl Gaston, my vote is yes.
Eoin, my vote is yes.
Ishmael Shaheed, my vote is yes.
Number six, MI 2024-007-354-1432 South 49th Street,
The vote in this matter has been moved to Wednesday, May 14th at 9.30 a.m.
And number seven, MI 2024-006-108-1827 North 22nd Street.
This is a re-vote.
I vote yes. Proviso. Maximum three dwelling units, commercial trash pickup, interior trash storage, no household living in the basement.
Cheryl Gaston, my vote is yes with Proviso.
Tynetta Graham, my vote is yes with Proviso.
Ellen, my vote is yes with Proviso.
Thank you. We're going to go to our regular list. We're going to go to number six first.
MI 2024-007-373-2215, Rittenhouse Square.
Jeffrey Mallins is the owner applicant.
This is the pro se.
Good morning, Mr. Mallins.
Take a seat.
Make sure the mic is on.
Push the button and get it close to you.
Hello, hello, hello.
Very good.
Could you please state your name and spell it for the court sonographer?
My name is Jeffrey Mallins, M-A-L-I-N-S.
I am the owner of 2215 Rittenhouse Square.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
This application is for the erection of a roof deck at the third floor facing Latimer Street on the existing attached building for use as a single-family household living.
A roof deck must be set back five feet from the front building line, whereas the proposed roof deck has no setback from the front line.
There is a letter of non-opposition from the Center City Residents Association.
There's also a letter from a neighbor and a petition of support signed by six neighbors.
Our vice chair has just a few questions for you, sir.
Good morning, sir.
Have you emailed in all the required documents and exhibits that's needed to proceed with
this case five days in advance of this hearing?
I have, sir.
Thank you.
You may proceed and share your screen.
I don't see.
There's a green button.
It should be promoted.
Okay, so you can start your presentation.
So these are the documents that I submitted.
The roof deck is on the, and I can show a photo, on top of the second floor, kind of aligned with the third floor, on the rear of our home that faces Latimer Street.
um the proposal extends all the way to the property line but the there is a five foot setback
from i mean all the way to the building face but there's a five foot setback
from the property line to the building space they're also because the houses on either side
extend forward there's really no visible sight line to the deck from the alley it's completely
um sort of enclosed and i have signatures from anyone who could see the deck um via the sight
line from their home there also are many many other decks with no setback on the alley
the part of the reason for requesting no setback is that there is an original chimney to the
building right in the middle of the deck and below is an original fireplace that we use and
we really don't want to modify the chimney but if there was a setback
the chimney but if there was a setback um the deck would be it would be cut off on this side
and we have to have access stairs on the other side so it would really be kind of a very small
area um so my request to this board is for a an exception to this um i don't because the
wall is set back from the property line and there's a parking spot it's we think it's a
minimum safety hazard because if anything falls off it won't go onto a sidewalk it won't go into
any public space it will be on our property where there's a you know a parking space which makes it
inaccessible to the public um
and then last i bring up a letter from our 93 year old neighbor helen druitt who has been here
on the block for many many decades and she says i support it you must have it
um so i no one on my block argues with helen ever um and this is on top of the second floor
this is on top this is on top the second floor sir right and then there's a deck on the third
floor there is no deck on the third floor oh i see it the neighbors have decks on the third floor
but ours is on the second floor okay good questions from the board
questions smart attorney ryan mcsherry no chair questions or comments from the virtual audience
do not see any hands mr chair planning commission
amy boyd with the planning commission
amyboid do you swear or affirm to tell the truth the whole truth nothing but the truth
i do please proceed the comprehensive plan recommends no change in zoning to the existing
multi-family residential r1 the proposed roof deck is consistent with properties on this block
face of latino street and will not injure the use of adjoining properties moreover the appellant
has demonstrated that the unique roofline configuration and structures relation to the
property line causes a unique physical condition in which the property cannot meet the zoning code
the planning commission recommends that the board grant their requested variance for roof deck set
back thank you mi 2024 007 373 2215 rittenhouse square i vote yes
Cheryl Gaston, my vote is yes
Teneda Graham, my vote is yes
Aowyn, my vote is yes
Ishmael Shahid, my vote is yes
Thank you
You have your vote
Thank you very much
Number 10
MI 2024
007-415-706
Chestnut Street
there's a letter of non-opposition from council member squilla
there's unanimous non-opposition from washington square west
could you please state your name and spell for the court stenographer
you got to turn on hi good morning andrea solomon a-n-d-r-e-a-s-a-l-o-m-o-n do you
swear or affirm to tell the truth the whole truth and nothing but the truth i do um could you
identify your client and the relationship to the property absolutely um my client is d-y-p-a