civus
Hearing video

ZBA Hearing - February 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 9, 20224h 29m

You're going to get it.

Similar wording

You contact the office and they'll give you another date

Similar wording

and tell you how to do it, sir.

Similar wording

All right, case number six.

Similar wording

MI 2021-003-820-2084 East Allegheny Avenue.

Similar wording

At this point, we don't see an RCO letter.

Similar wording

Jose Cadillo.

Similar wording

Sir, if you're in attendance, can you please raise your hand?

Similar wording

Bedita Cadillo has her hand raised.

Similar wording

Do I allow her to speak?

Similar wording

Please.

Similar wording

At once.

Similar wording

Hi, this is Bedita Cadillo,

Similar wording

Jose Stranoconnect.

Similar wording

We both here.

Similar wording

Wait one minute.

Similar wording

Could you state your name

Similar wording

and spell it for the court reporter?

Similar wording

Bedita Cadillo.

Similar wording

B-E-D-I-T-Z-A-C-A-D-I-L-L-O.

Similar wording

Right.

Similar wording

I'm sorry, Jose Cadillo, the tenant.

Similar wording

He's also my husband.

Similar wording

All right.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Yes.

Similar wording

Are you prepared to make a presentation today?

Similar wording

Do you have it on the computer?

Similar wording

Yes, we do.

Similar wording

Okay.

Similar wording

Mr. Holliday, could you ask a few questions, please?

Similar wording

Chair, can I just interject for one second?

Similar wording

Do we have exhibits for this case listed?

Similar wording

well I I think Thomas should ask the question about is everything mailed in

Similar wording

right excuse me miss according to our records we do not have an RCO letter can

Similar wording

you address that issue we do have an RCO letter miss Harrogate send that

Similar wording

yesterday morning i believe that they would have sent to you too if you i believe i have a copy

Similar wording

in the package

Similar wording

miss cadillo if you sent the necessary paperwork into the to the zoning board that was requested

Similar wording

Yes, I have.

Similar wording

Tanya, do we have it?

Similar wording

I was asking what the note said.

Similar wording

I didn't have my computer available yet.

Similar wording

I'm having technology issues.

Similar wording

Okay.

Similar wording

So on the list that Ms. Saletta State, they sent the exhibits?

Similar wording

Yes.

Similar wording

All righty.

Similar wording

Thank you.

Similar wording

And also, can we swear to husband in if he want to speak also?

Similar wording

Sure.

Similar wording

Have your husband state his name, please.

Similar wording

Yes, my name is Jose Cadillo.

Similar wording

All right.

Similar wording

Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

All right.

Similar wording

And can you just spell that for the court reporter, please?

Similar wording

J-O-S-E-C-A-D-I-L-L-O.

Similar wording

Ms. Cadillo, could you put your presentation up on the computer?

Similar wording

I have it up, sir.

Similar wording

And they're coming in now as a panelist, sir.

Similar wording

Okay.

Similar wording

Ma'am, if you have it up, you might need to step back out of your presentation and the sharing of the screen and then open it and reshare.

Similar wording

We can't see it on our end.

Similar wording

it's not letting me promote them to panelists

Similar wording

same thing here let me see if i can do so

Similar wording

i would definitely recommend that she actually goes out of zoom and comes back in

Similar wording

see if we can then promote her

Similar wording

Ms. Cadillo, could you go out and come back in?

Similar wording

Wait a minute.

Similar wording

I think, I'm sorry, Mr. Chair, to interrupt you, but I think that's here in the panelist

Similar wording

now.

Similar wording

Okay.

Similar wording

Excuse me.

Similar wording

Are you able to see my screen now?

Similar wording

Are you able to see my speech?

Similar wording

We do not.

Similar wording

Since you just got promoted, you'll have to unshare and then reshare it.

Similar wording

share screen okay i think now it's starting to work one second here we go

Similar wording

now did that work yep started to stick square to share

Similar wording

it's up thank you perfect perfect um if you can see this is 2084 east allegheny avenue

Similar wording

this existing restaurant for more than 30 years and before 1995 um we went to request a copy of

Similar wording

a zoning but when we requested we noticed there was nothing reported into the property

Similar wording

so we went to the community meeting they gave us the letter of support all our licenses are

Similar wording

compliance we have cameras we have lighting we have commercial pickup we keep the area clean we

Similar wording

work with the community we offer employment to the community so all we want to do is actually

Similar wording

legalized this because it doesn't show anywhere in the zoning archives that a zoning was ever

Similar wording

documented before 1995 or after even though we are able to get all our licenses and we thought

Similar wording

it was grandfather in because that was way before 2012 when zoning codes change there's nothing

Similar wording

documented in the miss cadillo do you have any photos of it yes i do um could you could you show

Similar wording

the photos yeah this is the application then you'll see the refusal right that's your extension

Similar wording

this is the letter of support that they gave us the rco power gate when we went and met with them

Similar wording

okay this is the flyer that we put out the lease

Similar wording

Okay.

Similar wording

Okay.

Similar wording

So you would like him to repeat so he could be there for you?

Similar wording

I have to reach out to our attorney just to chat.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

My name is Cadillo.

Similar wording

She's going to find out.

Similar wording

Melissa, are you there?

Similar wording

I'm sorry, Rebecca.

Similar wording

I apologize.

Similar wording

Rebecca.

Similar wording

Yes.

Similar wording

Hello.

Similar wording

Oh, I think if Mr. Cadillo adopts, essentially, Ms. Bajitza's testimony or repeats the primary points as she scrolls through.

Similar wording

Yes.

Similar wording

Mr. Cadillo, did you hear your wife testify?

Similar wording

Yes.

Similar wording

Did you agree to everything she said?

Similar wording

yes is that your testimony too mine yes thank you

Similar wording

i would ask that we just um not um voted today so we can confer because it's typical not to allow

Similar wording

that and i believe an attorney would be the one who could ask for the testimony to be adopted

Similar wording

but i would like to speak to mr mr letter because we've had issues in the past this is i'm checking

Similar wording

with Soletta again. I apologize for speaking out of turn. No worries. No, I just wanted to make sure

Similar wording

so it's on the record. And if anything, he's right here in the camera, so he could wish him, wish him.

Similar wording

Thank you. Rebecca, are you calling? Yes, I'm conferring with Miss Soletta now.

Similar wording

Thank you for your patience.

Similar wording

Thank you.

Similar wording

Rebecca Coole, Okay, this is Rebecca Coole again um my understanding is that if.

Similar wording

If Ms. Pedica can walk through Jose repeating the presentation, we do need him to actually

Similar wording

present.

Similar wording

And I understand you're both there, however, technically he needs to be the presenter.

Similar wording

Yes, he will read everything now.

Similar wording

Thank you.

Similar wording

I'm sorry to repeat ourselves.

Similar wording

So to get that confused.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Yeah, okay.

Similar wording

My name is Jose Cadillo.

Similar wording

What brings me here today is 2084 East Allegheny Avenue, Philadelphia PA 19134.

Similar wording

So what brings me here today is a big building that has been used for commercial restaurants, check-out, and under 49 people.

Similar wording

So I rented this property as a check-out restaurant, believing that zoning was not a problem because this use has been active since 1995.

Similar wording

But I was not found anywhere when I dropped off for zoning permit.

Similar wording

Copy was informing that I had to legalize zoning because it was never recorded.

Similar wording

We have attachment copy of flyers and mailing to community also.

Similar wording

We met with the community of Rico.

Similar wording

They give us the support.

Similar wording

So all my lenses are update.

Similar wording

I have cameras in a location.

Similar wording

We police departments always have access to them.

Similar wording

Lighting online if you drive a location.

Similar wording

Commercial pick up and clean up dumpster weekly when it gets empty.

Similar wording

Sidewalks get clean daily.

Similar wording

we employ people from our community so today we ask the cba also approve this only

Similar wording

thank you questions from the board no mr chairman no mr chairman

Similar wording

question is from the virtual audience

Similar wording

no hands at this time no hands sir planning commission

Similar wording

Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Members of the board, this is a special exception, and this proposed special exception will not cause

Similar wording

detrimental impacts to the neighborhood beyond what normally might be expected for this use.

Similar wording

The City Planning Commission recommends that the board grant this special exception.

Similar wording

MI 2021-003-820-2084, East Allegheny Avenue, I vote yes.

Similar wording

MI 2021-003-820-28...

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Thank you.

Similar wording

Wait a minute, wait a minute, Jim.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Jim?

Similar wording

Sorry, Mr. Chairman.

Similar wording

No, that's okay.

Similar wording

Some kind of problem here.

Similar wording

I'm sorry.

Similar wording

My vote is yes.

Similar wording

Thank you.

Similar wording

thank you thank you have a good day okay m i number seven mi 2021 zero zero three eight two three

Similar wording

21 41 east ann street zen jin is the attorney somerset neighbors for better living letter of

Similar wording

support councilman squilla letter of non-opposition mr jen's been promoted to

Similar wording

The panelists, he should be rejoining shortly.

Similar wording

Good morning.

Similar wording

Mr. Jin, you've already been sworn to state your name.

Similar wording

Jin Jin for the applicant.

Similar wording

Mr. Holloman has a few questions.

Similar wording

Counselor, do you agree to the reading of the refusal and stipulate to his accuracy?

Similar wording

I do.

Similar wording

According to our records, you have submitted all of the required documents. Is that correct?

Similar wording

That is correct. Please proceed. Thank you. I'm going to share with the board the

Similar wording

documentation we previously submitted. It should be up before the board at this time.

Similar wording

This application, we have submitted the refusal, the support letter from the community organization,

Similar wording

petitioning support, as well as related plans and photographs. This application is for a

Similar wording

legalization of an existing two-family dwelling at this particular location. My client actually

Similar wording

purchased the location some time ago, and it came with the two units already presented and existing

Similar wording

in the property. Somerset neighbors met with us and it was voted in support primarily because

Similar wording

majority of the neighbors are aware that this is in fact the situation with this property for many

Similar wording

years. They were not aware whether it was legalized at any point. However, since my client

Similar wording

have acquired it, he has taken care of the property, kept it clean, and generally has

Similar wording

a great relationship with the neighborhood and the neighbors. And as such, he received strong

Similar wording

support from the neighbors for his legalization request. As this stands, the property is already

Similar wording

two units. It is, I'm sorry, the photographs tend to shrink when we move it. So as you can see from

Similar wording

the front, the property looks like any other property. I do want to point out also that the

Similar wording

the next door property is also a multifamily. And on the other side, it is a storage garage. And

Similar wording

again, another property that is not used as a single family as well on the other side.

Similar wording

So this property has existing two units, one accessed, they're both accessed through the

Similar wording