All right. Okay, Mr. Hanson, let's roll.
Oh, let's stop.
Donya, let me know when we're in.
I think we're good to go right now, Chair.
Good morning.
My name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is Carol Tenere, our vice chair.
Present, Mr. Chairman.
Ishmael Shahid, our board secretary.
Present, Mr. Chairman.
Thomas Holliman, our board member.
Present, Mr. Chairman.
And James Snell, our board member.
Present, Mr. Chairman.
Also, here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.
Before we start, here is our virtual format.
Be advised these proceedings are being recorded.
By participating, you acknowledge your agreement to be recorded.
The video will be available by contacting our Executive Director, Tanya Sunkit, at phil.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 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 comment or testimony. Any commenter or testimony has to be directed to Tanya Sunkett, our executive director.
So before we begin, let me read a few announcements.
Effective July 18, 2022, the case is continued. Attorney or applicant moving party.
the attorney or applicant has 90 days from the date the cases continue to either request a new
hearing date, ask for an extension of moving party status, or withdraw the case. If ZBA staff
is not contacted by the end of the 90-day period, the case will automatically be listed for a new
hearing date. Please note, extensions for moving parties must be sent to our Executive Director
Tanya Sunkett with board attorney Hillary Emerson copy. Two, the ZBA staff is currently sending out
letters to elicit applicants on appeals filed prior to 2019. If the case has been pending
and hold status, if an applicant or their attorney does not contact the ZBA staff to discuss the next
steps for their case within the time period stated in the letter, the case will be considered
abandoned and administratively closed. Questions about either of these two's policies should be
directed to our Executive Director Tanya Sunkett and Board Attorney Hillary Ramerson. So let's look
at our continuances for this morning's hearings. Number eight, MI 2022-002-121-202 Spruce Street.
This case is continued. Is there anyone with comments in the virtual audience relative to the case that's continued?
I see no hands, Chair.
Are there any other requests for continuances?
I see no hands, Chair.
Thank you. I want to go over several cases that we have no exhibits.
Number five, MI-2022-002-210-1814-North Van Pelt, and number seven, MI-2022-002-209-1816-North Van Pelt.
Both of these cases, we have no listings, and we believe that our attorney is needed for both of these cases.
Thomas Nichols.
I see no hands for Thomas Nichols.
However, Chair, we have Charles Richardson and Paul Toner with their hand up.
Let's start with Mr. Richardson first.
I don't think that's his case, but let's see.
It's not, Mr. Chair.
Good morning.
I always put my hand up because I'm requesting a continuance for case 4101 Germantown Avenue.
uh mr richardson can we swear you in first please oh yes right do you swear for him to
Mr. Richardson, can we swear you in first, please?
Oh, yes.
tell the truth the whole truth nothing but the truth i do okay which case is it 4101 germantown
avenue is listed as so i i i called that with no exhibits i'm gonna that's going to be called with
no exhibits okay no problem i will when i call that i'll just make sure the person's here and
tell them we're continuing okay excellent thank you sir so i'm still on five and seven mr toner
was he yes chair mr toner you're free to speak mr toner are you involved with both these cases
uh my office michael macklehan he's counsel so let me let me swear you in do you swear for him
to tell the truth the whole truth nothing but the truth i do um we have no exhibits on both
these cases? So yesterday, my office submitted a request for continuance. We've met with the RCO.
They've requested plan changes. We're in the process of making the changes and rescheduling
a follow-up hearing with the RCO. Thank you. Number five, MI 2022-002-210-1814 North Pelt.
and number seven, MI-2022-002-209-1816-Northville Pelt.
Both cases are continued.
Number six, MI-2022-001-992-4101-Germantown Avenue,
Julio Garcia, no exhibits on this case,
and there's a request for continuance.
any hands for that i see no hands chair that case is continued
number nine mi 2022 001 991 1239 north allison street amari jacks is the owner
we have no exhibits first listing
chair we have amari jacks good morning mr jacks could you state your name and spell for the court
reporter it's miss jacks it's a amazon mom a r i last name jacks j-a-c-k-s do you swear for him to
tell the truth the whole truth and nothing but the truth i do we have no exhibits for this
um exhibits meaning photos and videos i have that to share my screen
But did you send it in?
Send it in?
All right.
So here's what I would recommend.
We're going to continue this.
You need to contact the office and find the appropriate way to transfer all your information
to our office.
So I can just go to the RCO email.
Right?
Thank you.
MI 2022-001991.
That case is continued.
No exhibits.
And number 17, MI 2022, 002-171-1359 Cree Street.
We have no exhibits.
Jennifer Jordan.
I see no hands, Chair.
Okay, that case is continued.
MI 2022, 002-171-1359 Cree Street.
The case is continued.
Are there any requests for withdrawals?
I see no handshare.
Add-ons for the day.
MI 2022-00474-298 Delmar Street.
I vote no.
Carol Tenere, my vote is no.
ish ish no shaheed my vote is no thomas
okay thank you there's three no's james snell my vote is no
okay okay number one of the regular list
MI 2022-002-122-492 Scherz Lane. Paul Toner is the attorney. Letter of support, Central Roxburgh
Civic Association. Letter of support, Roxburgh Development Corporation. And letter of support
from Ridge Park Civic Association. Mr. Toner.
Good morning, Mr. Bergman.
good morning Mr. Bergman hi good morning Mr. Toner could you state your name and spell for
the court reporter please yes uh Paul Toner with Orphanese and Toner T-O-N-E-R right do you swear
a firm to tell the truth the whole truth and nothing but the truth I do could you identify
your client and the relationship to the property my client is Brian Peshera he's the owner of the
property okay our vice chair has a few questions good morning Mr. Toner do you agree to wave the
reading of the refusal and stipulate to its accuracy i do have you emailed the exhibit packet
with proof of ownership tax compliance 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 i do
you may proceed and please share your screen thank you mr thank you
Good morning, Board. This is an application that is fully supported by the coordinating RCO to Central Roxborough Civic Association. After a hearing where 31 participants appeared, there was what we believe to be a unanimous vote.
The application is also submitted by the Roxborough Civic Association and the Ridge Park Civic Association.
Letters of support from all three RCOs are included within our exhibit packet.
This is an application to legalize or confirm the legality of a two-unit use at 492 Shores Lane.
By means of summary review, my client recently purchased the property when he went to secure a Certificate of Rental Suitability.
The Eclipse system indicated that it was only approved as a one unit.
In Exhibit 7, we have copies of the zoning archives.
After the Certificate of Rental Suitability was only approved for one unit, we reviewed the archives,
And it was determined that in both 1971 and 1936, L&I had approved the legality of 492 Shores Lane as a two-unit property.
As you can see in Exhibit 7, our use registration permit number 183083, dated February 2, 1971, recognizes this property as a legal two-family dwelling.
And then going even further back in the zoning archives, there is an application for zoning use permit that was granted on November 18, 1936, that recognizes the subject property as a two-family dwelling.
It appears that in 1971, the owner of the property at that time is doing exactly what we're doing today.
They're submitting an application to confirm the legality of a pre-existing legal non-conforming use.
The property appears as depicted in the six of our exhibit packet.
It is from our appearances, a well-maintained home in the Central Roxborough neighborhood.
Exhibit 6-2 is a picture of the block looking towards the west.
Third picture, which is now on your screen, shows one of the two separate entry doors.
Page 4 is the second entry door. As you can see, both of these doors are of some age. They're not
new modern doors. As we go through the hearing packet at Exhibit 6-5, there's a picture of
the basement showing two separate water heaters, two separate gas meters. There's a separate
electrical service for serving each one of the units and that's depicted in 6 page 8.
The rear of the property which is exhibit 6 page 10 shows the two separate electric services
plus the one separate air conditioning unit for unit number the first floor unit.
Moving to Exhibit 6, page 12, these are interior pictures of the first four units.
As you can see, the molding is all vintage, the woodwork, the trim work all around the
front door is all vintage.
This is a page 13 of Exhibit 6, shows the entryway to unit number two, which is the second floor unit.
Again, vintage wood floors, vintage stairs, vintage molding, all the showing that's been occupied for a period, for an indefinite period in the past.
um for an indefinite period in the past and then exhibit number six page 15 and 16 show images of
and then
the second floor unit again none of this looks like to be a recent conversion as they're all
well-established um improvements at the property
Exhibit number five just depicts where 492 Shores Lane is. It's right before, right to the west of Ridge Avenue. St. Timothy's Episcopal Church is in the back.
Exhibit number four shows how 492 Shores Lane appears from the front of the property.
and exhibit number eight shows uh a application or certificate of rental suitability that was
secured by my client in 2021 and what this shows that my client has always acted in compliance
with the law when he bought the property was his understanding there was two units
he immediately got a immediately made appropriate application to get the appropriate uh rental
license and certificate around suitability in place once that was rendered uh impossible
he submitted this application to legalize what the zoning archives reflect to be illegal
pre-existing two-family use um my client is here and i would like to have him adopt my testimony
absolutely
mr besher can you hear me
good morning this is mr hander hey can you hear me yes could you do could you state your name
and spell it for the court reporter brian bishara representing uh b-r-i-a-n b-i-s-h-a-r-a
here for 492 shares lane right do you swear for him to tell the truth the whole truth nothing but
the truth. I do. Proceed Mr. Turner. Mr. Bashar did you hear my factual summary of this application
to the board? Yes I heard everything from the beginning. Was my statement of facts accurate
as far as you're aware? Yes everything was correct that you said. Do you disagree with anything?
No I do not. And do you adopt my testimony as though it was your own? Yes I do. I have no
for their questions questions from the board no mr chairman questions or comments from the
virtual audience good morning this is jason hand again i do not see any hand at this time
thank you uh planning commission morning chair bergman ian hegarty for the philadelphia city
planning commission just spell your last name please and spelled h-e-g-a-r-t-y
right do you swear firm to tell the truth the whole truth nothing but the truth yes sir proceed
thank you good morning board members um the comprehensive plan recommends no change to the
rsa 5 single family zoning on this block however as we've seen here the doc the property has a
documented use history and um an interior physical configuration to support two family use we
recommend that the board grant the variance. Thank you. MI 2022 002122 492 Scherz Lane. I vote yes.
Carol Tenere. My vote is yes. Thomas Alman. My vote is yes. James Snell. My vote is yes.
Thank you. My vote is yes. Thank you very much.
Number two, MI 2022-003-082-1525 North Stillman Street.
David Orphanides is the attorney.
Letter of non-opposition from Bruby Town, charged with Community Civic Association.
Association. Okay, sir, Mr. Orphanides has been promoted to panelists. Thank you. Mr. Orphanides,
could you state your name and spell for the court reporter, please?
Mr. Orphanides?
Good morning, Mr. Orphanides. Are you available?
Sorry about that. Can you hear me now?
Yes. Could you state your name and spell for the court reporter, please?
What's going on there? David Orphanides, last name is called O-R-P-H-A-N-I-D-E-S.
Right. You swear to the firm to tell the truth, the whole truth, and nothing but the truth.