you okay let's go back here to number eight mi 2023 002 602 62 35 lancaster avenue
verne anastasio is the attorney
mr anastasio is coming back in as a panelist
good morning verne we've talked to you several times today uh you don't have to be sworn in
could you just state your name for the record yes sir verne anastasio on behalf of valerie todd
Yes, sir. Fern Anastasio, on behalf of Valerie Todd, agent for the property.
But he didn't.
Okay. And I take it she's the owner of the property?
She's the agent for the property.
Okay. Our vice chair has just a few questions.
Thank you.
Good morning, counsel. Do you agree to wave the reading of the refusal and stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?
Yes, sir.
Thank you.
Vern, just before you start, there's a chance I'm told from Hillary that we may have to have a corrected refusal referral for this?
Yeah, I mean, Mr. Chair, my position is, as it is often, that L&I does have the discretion to grant the relief that we'll be ultimately seeking.
However, I understand that Attorney Emerson does think that we should perhaps hold the vote
so that the change in the relief sought is actually documented by L&I.
I have no objection to that.
I just, you know.
And Vern, that's where we'll be, okay?
We won't vote.
Please proceed.
Thank you.
I just want to note under separate cover, my office forwarded a memo brief that is going
to be part of the record, and I'm entering that into evidence as well this morning.
In addition to this binder of 6235 Lancaster Avenue, it's a 37-page binder.
The application is for event space. And the examiner, we believe the examiner, Ellen and I, erred in issuing this refusal. So no, I do not stipulate to the accuracy of this document because it's my understanding that based on the information and gleaned with my client, that this is going to be an event space for life events.
baby showers, funeral luncheons, and it's going to be for less than 50 people at any one time
in this commercial space. As a result, I believe this should be a referral and not a refusal
for a special exception because it is within the discretion of L&I to place this category
category outside of the nightclub and private club category, which is, in fact, where it is.
So that's the issue that we're dealing with. So if I said yes to the initial question,
whether I waive and stip, I do not waive and stip. But I do want to make sure that
we put it on the record that what we're seeking is just a special exception.
And on top of that, my client is seeking a temporary special exception of three years.
After having communication with the RCO, they obviously want to take a wait and see sort of attitude to make sure that this facility is going to be a benefit to the community.
And as a result, my client is looking for 49 folks, banquet event space, not open to the public whatsoever, no nightclub or private club or anything like that for no more than three years.
And with that, I want to show you the exterior space.
Can I ask, Vern, before you start, can I ask a question?
Is this also for two units above?
Well, which we believe were previously approved.
So, yeah, my client is focusing on the first floor, but yes,
we believe the two units above were previously approved.
Okay, thank you.
So this is the commercial space on the, as you know,
lancaster avenue is a commercial uh corridor uh typically during the day it's very active
at night it is not as you can see here this is after five o'clock not a whole lot of action
going on in fact there's lots of parking spaces that are available on the street
you can see here the same and this is six seven o'clock in the evening
this is the interior of the space my client purchased the property and prior to her purchase
it was occupied as event space uh when she purchased the property she renovated it and
began to operate it again as event space uh for things like baby showers and wedding showers
again luncheons after uh funerals thinking that and being told by the seller that it in fact was
a legal permitted use it was not but she did operate for several months
It was not, but she did operate for several months with not one 3-1-1 call, not one 9-1-1 call, absolutely no incident, and it was a real benefit to the community.
Upon learning through LNI that she could not have this space without a use permit, she closed immediately, contacted my office, and we began the process.
when she made the application pro se i believe there may have been a miscommunication which
uh it ended up with a refusal when in fact uh we believe it was an error and it should have been a
referral as the space will never hold more than 49 people and again she's looking for
temporary variants we have commercial trash pickup lighting and security cameras surrounding
the entire property as you know as i said before lancaster avenue is in fact a commercial
corridor and we believe based on the history of the use and no instances during that time
that this use will not pose any detrimental impact to the community anymore
than a similarly situated facility of this kind here is the proof of mailing that my client did
herself. And we've submitted everything else as well.
Again, we also have a memo brief that we've submitted in advance. I'd like to move all
37 pages of this exhibit binder plus the memo brief into the record. And with that, I'd
like miss valerie todd to raise our virtual hand thank you thank you
miss todd will be allowed to speak good morning could you please state your name
and spell for the court stenographer good morning valerie v-a-l-a-r-i-e todd t-o-d-d
we're affirmed to tell the truth the whole truth nothing but the truth
yes i do please proceed counsel thank you mr chair miss todd did you hear the presentation i
made this morning to the board yes they're true and accurate to the best of your knowledge yes
and do you adopt it as your own testimony yes the true that your hours of operation will all be
in the afternoon like after 2 p.m uh and most events will be even after 4 or 5 p.m is that
right yes and you'll never be open later than midnight is that correct yes okay and during
that time those hours most of lancaster avenue is closed up is that correct yes okay with plenty
of ample on street parking about as the evidence suggests is that correct yes i have no further
questions thank you questions from the board no chair questions or comments from our attorney
hillary emerson um just briefly mr chair mr anastasio i couldn't find anything in the zoning
records or rental license history that indicated this property has been approved for two units
so i think it um it's the refusal should go back for both that and um to evaluate whether there
should it should be a referral for the assembling entertainment use um so i will i will reach out
to ellen i see if they want to review it on a correct basis or if we need to submit a formal
request for amendment and i will let you know i appreciate that thank you questions or comments
from the virtual audience yes chair i have a hand by the name of gregory allen and i will allow to
feet sure good morning mr allen good morning sir could you please state your name and spell for
the court stenographer mr allen mr allen can you unmute
i'm having a problem okay could you state your name please and spell for the court
sonographer okay just a second i'm having problems hearing you have two devices on
yes yes but i wasn't able to let me see if i can hear you
can you hear me we hear you now sir okay i can't hear you that's why i logged in the phone
can you hear us now can you hear us now and um on my laptop so um my name is gregory allen
so um my name is gregory allen i'm the chair of the overbrook west neighbors rco okay hold on
i'm the chair of the overbrook weather
hold on hold on do you swear for him to tell the truth the whole truth nothing but the truth
mr chair i can't hear you my laptop okay so reason that's why i'm gonna have to find a way
for you okay you're gonna have to call back in if you can
we got we have to be able to hear you um mr chair hi this is tanya if i may suggest
it's okay if they would submit something that we could accept your meeting id
if he wants to do that but we're having problems with him and we have to turn off
let me try to leave and come back and see if it would let me to be hers mr chair i have no
objection to permitting the witness to testify in writing uh subsequent to this okay since the
you can't vote on it anyway so it's fine by me i agree
let's see if he comes back on
i'll leave and log right back in see if that works then what mr allen can you hear us
I don't think he's been able to hear us.
All right.
Hillary, Tanya, is there a way that we could send him a message to do a written statement?
I would ask the ZBA staff to please reach out to him by text if that's possible and let him know when he comes back in.
Thank you, Kyrie Chair, for your service.
All right.
Thank you very much.
Is there anyone else in the virtual audience?
There are no hands, Chair.
Hillary, can we have Planning take a position?
If they wish, unless they want to hold for a practice.
Ian, are you comfortable with taking a position on this?
Yeah, thank you, Chair, for the opportunity.
I think that the facts of the case have been sufficiently demonstrated to the point where we would be comfortable going on record with a position here.
So, if that's all right, I'll proceed with that.
Yeah, Ian Hegarty for the Philadelphia City Planning Commission.
In 2018, the zoning map was amended here from CMX2 to CMX2.5 in accord with recommendations from the comprehensive plan.
The use that L&I has identified is not permitted under CMX2.5.
Specifically, that's assembly and entertainment.
And then a special specific category within assembly and entertainment for nightclubs and private clubs, which are defined in part by having more than 50 people attend.
And given that the given the size of the space and the applicant's intention, and we don't believe that more than 50 people would congregate here and that this would be more appropriately classified as assembly and entertainment without that special designation as nightclubs and private clubs, which, as counsel has indicated, would be a lower bar for approval by the board would be a special exception instead of a variant.
so in this case if the board is going to hold on this for an amended refusal we'll
take it from there but even with the facts that have been presented today the city planning
commission would recommend granting the variance with the stipulation that the use be limited to
assembly and entertainment for no more than 50 people okay um we'll close the record except for a
written document from the RCO
and everything else
is closed on it, and then we'll have the
amended refusal. Is that okay, Hillary?
Yes, that is fine.
Also, Mr. Anastasio, a chance to
respond to the written
document. Correct. Yes.
Okay. From the RCO. Yep.
Thank you, Mr. Anastasio. Thank you all.
Bye now.
Number
Number 18, MI 2023-001-044-2853 North Bailey Street.
Lynn Nichols is the attorney.
Letter of support from the Swamp Poodle Neighborhood Parcels Association with Provisors.
lynn nichols has been promoted to panelists good morning counsel could you state your name
please and spell for the court's sonography good morning lynn nichols l-y-n-n last name nichols
n-i-c-h-o-l-s right do you swear or firm to tell the truth the whole truth nothing but the truth
yes i do could you identify your client in relationship to the property yes christopher
Keir is on the line and he is
the owner of the property.
And our vice chair has
just a few questions for you.
Good morning, Counselor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Good morning, counsel. Do you agree to
waive the reading of the refusal and stipulate
to its accuracy?
Yes, I agree. With one caveat, we are reducing our requests from three to two units.
Understood. Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?
yes and my understanding is the rco did submit their letter of support and i know that um they
may be on the call also no problem please proceed thank you good morning can everyone see the screen
that i'm sharing now we can okay so in the packet we have our petition of appeal form
L&I project information form, deed, tax clearance, the list of impacted neighbors that were notified, proof of mailing, community letter, L&I refusal, photographs, zoning notice, site plan.
We submitted a sanitation plan after the meeting with the RCO.
We are in agreement completely with the stipulations that they're asking for with regard to sanitation.
So our plan is in here, but we're not asking for the board to approve it at all.
It's just in here because we already had it in the part of the packet and our meeting was on Monday.
So, you know, we didn't submit an amended packet.
Our appeal here is for property that was already developed as a duplex when Mr.
Keir purchased it. The hardship is that he economically, it would be a hardship for him to not have this as it's already been developed as a duplex.
Here we have the notice, I'm sorry, the site plan, which I will turn around for everyone to see.
Okay. Can everyone see that?
Okay. So on the first floor, when you enter the property, there's a one-bedroom apartment with a bathroom, a living room, and a kitchen.
it's a separate entrance already developed on the second floor when you walk up and what we
learned from the rco is that this is a trinity property which is property that um mostly you
see in south philadelphia but you have a second floor entrance separate entrance up the steps
into the um kitchen there's a bathroom there's a living room um on the second floor
as well as um what could be a bedroom here but it's not um here we have two bedrooms and a
bathroom on the um third floor so this property again was already developed as um a duplex before
mr care purchased it this is the front of the property it's a three-story building and it's
the only three-story on this block historically it's already been a three-story building again
we learned from the community that this is the way the property has been not um developed
but already you know having three stories this is a view looking to the left this is a view looking
to the right this is a view looking across from the property and this is the zoning notice that
was posted again we've submitted this trash plan but we're not asking the board to adopt it because
we're in agreement completely with the recommendation of the RCO with regard to all of the provisals
that they're asking for the board to append to this property.
At this time, I would like to call my client, Christopher Keir, to adopt the testimony that
I've provided.
Is this here?