ZBA Hearing - November 29, 2023

Oh, yeah, there he is.

i will allow him to i will allow him to speak thank you you're welcome good morning sir could

you please state your name and spell for the court stenographer uh can you see me yes

my name is first name is christopher c-h-r-r-s-t-o-p-h-e-r last name is kia k as in kite e-a-r

Ross and Roberts. Do you swear or affirm

to tell the truth, the whole truth, and nothing but the truth? Yes.

Thank you. Mr. Keir, are you

the owner of the property at 2853 North Bailey Street?

Yes. And we attended an RCO meeting on Monday,

November 27th at 6 p.m., correct? Yes.

And at that time, you agreed to accept the provisos

and at that time you agreed to accept the provisos that the rco would recommend to the board

that the RCO

yes and are you in agreement with the testimony that i've given here today with regard to this

project at the property yes thank you i have nothing further questions from the board no chair

questions or comments from our attorney hillary emerson

yes mr chair i just wanted to to clarify um ms nichols the provisos that um are enforceable

by the board that were requested by the rco are maximum two dwelling units which you already

indicated was what what the ask was for relief now um interior storage of trash and recycling

no household living in the basement and no rooftop access structures are those all okay with your

client absolutely okay thank you so much questions or comments from the virtual audience

yes chair i have a hand up with the phone number last four numbers three five five two

and i will now to speak

good morning

good morning

morning

they're not muted hello i'm sorry i was muted good morning good morning could you state your

name and spell please for the court stenographer yes adrian fernandez my last name is spelled f-e-r-n-a-n-d-e-z

swamp little neighborhood parcels association rco right do you swear or affirm to tell the truth

the whole truth nothing but the truth yes please proceed um we um we submitted our written letter

of support with five provisos. And I understand that

four of them are enforceable. And the fifth

request, I understand that Attorney

Nichols will put that information into the lease

and probably email it to us. And that's everything

for this appeal address. Ms. Fernandez, thank you for taking the time

to call in. We appreciate it. Thank you, Ms. Fernandez. You're welcome.

do you hear anyone else in the virtual audience there are no hands here

planning commission thank you chair bergman ian hegarty for the philadelphia city planning

commission members of the board the comprehensive plan recommends no change to the existing rsa

five single family zoning at this location however we agreed the proposed use is consistent

with the existing bill condition of the property city planning commission recommends that the

board grant the variance including the proviso that no more than two dwelling units be permitted

thank you so mi2023 001 044 2853 north bailey street i vote yes with proviso maximum two dwelling

units interior trash and recycling interior storage of trash and recycling no household

living in the basement no rooftop access structures game snow my vote is yes with proviso

ishmael shaheed my vote is yes with proviso thank you council you have your votes thank you okay

is there anyone in the virtual audience who their 9 30 case has not been called

no hands chair thanks everyone see everyone at 2 p.m all right thanks

hey chair we have 48 attendees you can proceed as you wish

I'm sorry, Chair.

We have 48 attendees.

You can proceed as you wish.

Mr. Chair, can you hear us?

Let me try to call him. I don't think he can hear us.

yes there's something hey bill bill can you hear us

Yes, it's up.

Bill, can you hear us?

hello oh geez hold on okay all right

now we can hear you yeah perfect ish can you hear me yes yeah we can hear you now can hear you

can hear you you can proceed

hey yes yes yes i hung up already we can hear you

oh he can't hear us chair are you able to hear us

i'm not hearing anybody here oh wow

we're talking to log out and log back in yes please thank you

we're ready

chair we have 54 attendees you can proceed as you wish okay good afternoon everyone my name

is bill bergman and i will be chairing this afternoon's eba hearings with me as our vice

chair ismail shaheed president mr chairman our board member thomas hallman president mr chairman

or board member james snell president mr chairman we also have le baron leonard palmer who will be

serving as an auditor board member to vote on one matter this afternoon here's our and also present

is hillary emerson our attorney and our executive director tanya sunkin be advised the proceedings

are being recorded. The video will be available by contacting TanyaSunkit at phil.gov. For the

benefit of our court stenography, we ask attorneys and witnesses to identify themselves before

testifying. If you're participating by phone and you wish to testify, press star nine to raise your

hand and star six to unmute. To enter the period of statement, call 267-270-5548. Leave your email

and the address of the property in question and finally the question answer box on the screen is

not for comments or testimony all comments should be directed to our executive director tanya sunken

let's look at this afternoon schedule

number four on our list

number four mi2023 004 373 2242 to 50 north 9th street that case is continued

Number 5

MI 2022-001-797-2600 Montgomery Avenue

That case is continued, attorney moving party

And number 15

Number 15

MI-2023-004-440-2117

North 17th Street. That case is continued. Is there any other

requests for continuance?

Good afternoon, Chair. This is Doreen Blakely and I will co-host this afternoon. I have

Sean Ward with his hand up and I will allow him to speak.

Mr. Ward, for the record, could you state your name, please, and spell for the court stenographer?

Yes. Good afternoon, Mr. Chairman. Sean Ward, S-H-A-W-N-W-A-R-D, Esquire Attorney for Applicant on 2600 West Montgomery Avenue.

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

Yes, I do.

Let me see the number. What number is that, Hillary?

that's number five mr chair you just continued that one cases continue it says attorney moving

party mr ward oh okay i'm sorry i missed that thank you very much and uh it's good to uh be

back i'm glad you're glad to see you back thank you very much bye-bye thank you

so case number 14 here excuse me chair um there were two other hands up

Okay, sure. Krista Stefkovic, I will allow her to speak.

Hi, could you state your name, please, and spell for the court stenographer?

Hi, yes. My name is Krista Stepkovic, K-R-I-S-T-A-S-T-E-F-K-O-V-I-C.

Hi, yes. My name is Krista Stefkovic, K-R-I-S-T-H.

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

I do.

What case are you interested in?

1807 Pine Street, which is 2023-005-230.

I see it here. Yes?

I represent 1809 Pine Street Associates, who is the owner of that property.

I'm from Eckert Seaman, Sharon and Mellott.

My address is 50 South 16th Street.

Okay.

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

Correct.

I do.

So that case will be called eventually.

Do you have a comment about it now?

Yes, we are requesting a continuance.

Mr. Whalen is also an attorney in that matter? Am I right?

Yes, that's correct, Mr. Chair. He's the attorney for the owners.

Mr. Whalen?

I see his hand is raised.

Okay. Mr. Whalen?

Yes. Good afternoon, Chairman.

Could you state your name, Mr. Whalen, and spell for the courts?

Certainly. Sean Whalen, W-H-A-L-E-N, here today from Vintage Law on behalf of the

owner and applicant at 1807 pine street do you swear a firm to tell the truth the whole truth

nothing but the truth yes i do so why don't we let the first council go first and say why

they need a continuance great thank you um i represent 1809 pine street associates who is

the owner of the property located at 1809 pine street which is immediately adjacent to the

property for which the variance is being sought i'm requesting a continuance as my client just

found out about this from the ccra newsletter this past monday november 27th my client didn't

receive any notice and there was a defect in the posting on the property we know that this wasn't

posted on the back of the property as required on panama street and that wasn't posted for at

least some period of time as we have photos from monday and yesterday the 28th that show no posting

my client has been at the property in the past three weeks and has not once seen a posting on

the back he wouldn't have seen the front door as he enters from the back parks in the back

and all of the parking um on the street is in the back so perhaps the posting fell down or was

ripped down but the photos we have show no posting um would you like me to share my screen

to show those photos why don't why don't we let mr whalen speak first okay mr whalen thank you

chairman i'm i'm happy to address this in full and was prepared for this uh this matter actually went

it was uh properly noticed through ccra um in fact we had a first here at first meeting with ccra

back in september there was a second meeting last night where we made changes relevant to ccra's

questions. Mr. Rosenblum is the owner at 1809 that I apologize miss I missed your name is

representing and he appeared last night. He admitted that he saw his address on the address

list of notification but stated he didn't receive it. He has been in contact with the owner and

through CCRA. There's no basis here for not proceeding. We will address that the property

was properly posted both in the front and the rear timely. The photo that Mr. Rosenblum has

shared with me earlier this week is post that large Thanksgiving storm, and the property was

reposted as soon as we realized that the posting in the rear was done on a door, which does not

have an overhang or a covering and was cleared off and so i will have a third party expediter

ready to testify she's not on the call yet but i told her we're number 16 on the list so she wasn't

she'll jump on soon so uh counsel we're going to go on with this and um you'll have a chance um

stephan kovic you'll have a chance to make your case okay okay thank you we are going to go on

this today okay thank you thank you is there anyone else with your hand up i do see martin

rosen bloom with a hand up he's i believe he's a part of what y'all was just talking about yeah i

think i think he he will have his opportunity at appropriate time okay thank you is there

anyone else with their hand up for continuance no more handshare and i have mi 2022

no more handshare and i have mi 2022 005 303 4140 poplar street jeffrey young is the attorney

uh this is the fourth listing and the council member has uh

um has uh requested a continuance or a dismissal uh is mr young in the audience

i do not see jeffrey young in the audience i understand mr young is in the process of

transitioning his cases this case here we will uh list must be tried one more time

so mi 2022 005 303 4140 poplar street this case is continued mark must be tried

we're going to go to our add-on list

Number one, MI 2023-000-461-186-Willa Grove Avenue.

I vote yes.

Permended refusal dated 10-11-23.

Commercial trash pickup, no limited lodging.

james snell my vote is yes proviso ishmael shahi my vote is yes with proviso

tom okay we have three votes there he wasn't present for that case mr chair thank you

number two mi 2023 001 382 1919 west hunting park avenue i vote yes with proviso hours of operation

682p thomas holloman my vote is yes with provisos james snell my vote is yes with provisos

Number three, MI 2022-003-989-2851, Bodine Street, my vote is yes for reconsideration and hearing.

James Snell, my vote is yes to reconsideration and rehearing.

Ishmael Shaheed, my vote is yes for reconsideration and rehearing.

Number four, MI 2023-002-766-11 Schurz Lane, I vote no to reconsideration and hearing.

Thomas Holloman, my vote is no to reconsideration and rehearing.

James Snell, my vote is no to reconsideration and rehearing.

Ishmael Shaheed, my vote is no for reconsideration and rehearing.

Thank you. Number five, MI 2022-007-291-430 West Berks. At the request of the applicant, the vote in this matter is being rescheduled to Wednesday, January 10th, 2024 at 2 p.m.

number six mi2023 003 241 1607 209 ridge avenue

i vote yes temporary variance expires 12-1-26

thomas holloman my vote is yes with proviso

james snell my vote is yes with proviso ishmael shaheed my vote is yes with proviso

number seven mi 2023 38 49 fairmount avenue i vote yes thomas hallman is also vent and also leonard

James Snell my vote is yes

Ishmael Shaheed my vote is yes

Thomas Holloman

Thomas Holloman my vote is yes

Leonard

excuse me

my vote is yes

thank you

Mr. Chair I just wanted to note that

Mr. Shaheed was accused on this matter

and Mr. Snell wasn't present for the hearing

So we needed you, LeBaron, and Mr. Hallibank to vote.

We have the three votes.