Oh, that's good.
Ready?
morning everyone my name is bill bergman and i will be chairing this meeting of the philadelphia
zoning board of adjustment with me it's our board vice chair tenetta graham president mr chairman
our board secretary charlotte gaston president mr chairman board member michael johns president
Mr. Chairman. Board member Taya Nguyen. She may, she should be here very shortly. And our board
member, Ryan McAdams. President, Mr. Chairman. Also here is our attorney, Hillary Emerson,
our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy. Recording of
the hearing will be posted on this eBay website. By participating, you consent to be recorded.
This is an in-person meeting with remote capabilities. Whether remote or in person,
if you're called to speak you must state and spell your name then wait to be sworn in once you've
been sworn in please state your name each time before bidding any of your testimony any person
may enter an appearance to become an interested party to a case there are three ways to enter
your appearance you're going to identify the case property address on your zoom webinar
you can see a staff member or you can call the zba appearance line by the close of business tomorrow
call 267-270-5548. Leave a message that includes your email address and the address of the property
of the appeal case. Following guidance is for our remote attendees. When directed, you must raise
your virtual hand in order to be recognized. If you're called to testify, you'll be prompted to
join as a panelist. Please accept the request and turn on your camera. The webinar Q&A is for
questions about the hearing do not comment on cases in the q a and fourth if you're participating
by phone by phone press star nine to raise your hand and star six to unmute in person attendees
please refrain from talking eating or drinking during the hearing verbal and physical aggression
will not be tolerated restrooms are across from the elevators a water fountain is just outside
the room to the right when speaking on the record you must speak directly into the microphone in
order to be heard by all attendees and the court reporter in the event of emergency please follow
the directions given over the public address system or by the staff the main exit is through
the double doors at the rear of the room the nearest stairwell is to the left outside the doors
in case of evacuation rally point is love park directly across our street
please remain here so we can account for you so let's look at our schedule for today
number seven mi2025-004-680-5830 whitby avenue henry dorval is the owner applicant there's a request
for continuance from council member gathier and there's also a request from a near neighbor for
a continuance. Mr. Dorval. I see no hands at this time, Chair. Okay. He is in the Zoom,
Mr. Chair. Mr. Dorval, can you please raise your hand so we can promote you to panelists?
Mr. Durval.
Henry Duval, can you please unmute yourself?
do we think he's having a hard time with this
yes it might be technical difficulties
he has been promoted all right thank you now he's unmuted
now he's unmuted Mr. Dorval yes good morning good morning Mr. Dorval could you please state
your name and spell for the stenographer henry doval h-e-n-r-y d-o-r-v-a-l do you swear or firm
d-o-r-v-a-l do you swear or affirm to tell the truth the whole truth nothing but the truth
to tell the truth the whole truth nothing but
yes i do mr deval we have a request from the contingent from a neighbor and also the council
person relative to this case um would you would you um would you agree to this continuance
oh yes sir if we have to yeah well so just to to clarify uh mr doval um so there um there were
concerns raised that this property um was not posted um in time uh to be to be posted 21 days
prior to this hearing date was this property posted prior to february 5th
I don't believe so because we had some problem with the weather during the weeks prior to the post.
I believe everything was made on the 3rd, I believe, and then it was posted on the same day.
So they probably received the notice on the 5th.
But due to the weather, I wasn't able to get over there to get this thing done.
and I think we may have missed a couple or a few days
because of the weather.
Okay, all right.
So Mr. Deval, we're gonna continue this case, okay?
Thank you, sir.
And if you have any questions about process at all,
just call us before the next hearing.
So MI2025-004680-5830 Whitby Avenue.
This case is continued to June 17th at 9.30 a.m.
I do have a question?
okay now since since everybody uh already have their letters do i does it necessary to
or to email the letters again why don't you do this why don't you call the office and then and
they'll explain everything to you okay so that way you'll be prepared okay thank you
number nine mi 2025 004 799 2425 west nora street this case is continued to june 17th at 9 30 a.m
number 11 mi 2025 004 807 6227 catherine street that case is continued to june 17th at 9 30 a.m
and number 12 mi 2025 004 933 229 west hazard street that case is continued to june 17th at 9 30 a.m
We shall still have a few cases that we do not have exhibits.
Within one minute.
Number five, MI 2025 001 237 9864 Frankfurt Avenue.
um you've been kozak and anna samalek are the uh applicants um we need documents to proceed
do we see anyone in the audience
uh good morning everybody good morning sir could you please state your name and spell
for the stenographer uh y-e-v-h-e-n last name k-o-z-h-u-k-h-a-r do you swear or affirm to tell
the truth the whole truth nothing but the truth yes sir sir when we look through your documents
we do not see any exterior or interior photos we do not see a proof of posting and we don't have a
proof of tax uh compliance uh are you aware that there were things that you did not send in uh
yes i uploaded the text compliance this morning um honestly i i missed the email i'm so sorry
um i did have a meeting with everybody and they voted on for me to put the garage doors back on so
um that's what i was kind of figured um this was an issue that was first time that ever happened to
me um i used it as a gym i don't know if you guys seen it in the notes um so so mr
so um sir did did you post the property as required for today's hearing
did did you post the property as required for today's hearing uh with like a picture and a
little post with the letter I did not no there was a poster that was mailed to you from the
zoning board that you needed to post at the property prior to the hearing if you did not
post that we cannot have the hearing today okay I honestly I never got the poster because I looked
everywhere after i emailed the letters um i never got it okay so can i ask the question so you're
saying you put back the garage doors no i did not yet that's what the but you like i think the
question is do you intend to go on with your appeal um if i have a chance yes sure okay all
All right. Okay. All right. So listen to me. So MI 2025 001 237 9864 Frankfurt Avenue.
This will be continued to June 17th at 930 a.m. And if you have any questions about what to send in and things like that, feel free to call the office.
Okay. I will do that today. Thank you very much. And Mr. Kozikar, this is Ian Hegarty, executive director.
Yeah, please, please do call us because we need to make sure that we have the right contact information for you.
If you didn't receive the poster, we want to make sure we have the right information, okay?
Yes, yes, I will do.
Thank you.
Thank you.
So number 8, MI 2025, 004-782, 6021 Delancey Street.
We have no exhibits.
This is the first listing.
Albert Felix is the listed owner, and the listed applicant is Dana Ottey, O-T-T-E-Y.
do we see anyone in the audience
do we see anyone
no I don't see any hands chair okay so number eight mi2025004782
6021 Delancey Street the cases continue to June 17th at 9 30 a.m. mark must be
heard and number 10 MI 2025 004 801 33 44 to 52 North 10th Street this is the
first listing dy properties llc my year yosef is the listed applicant okay um
put that next to you please good morning good morning sir could you please state your name
and spell for the stenographer yosef mayor y-o-s-e-f mayor m-e-i-r all right so so two
two things one is who's the owner of the property i'm the owner my company well okay so
so your company owns it you own it yes right so we we need an attorney am i right hillary yeah
this is what i want to continue because oh you want to continue yes okay good thank you very
much for thank you for coming in the tel set so mi20 they're here army put it over the furniture
so let's get you you let's put you in the kitchen um michael
maybe he's cooking breakfast a little you know a little humor all right so mi2025
0 0 4 8 0 1 33 44 to 52 north 10th street this case is continued to june 17th at 9 30 a.m
and sir thank you very much for coming down we appreciate you very much thank you we're going to
go to our add-ons number one mi2025 002 368 4821 garden street the vote on this will be held on
uh 225 at 9 30 a.m number two
mi 20 24 005 847 73 35 monter street i vote yes
michael michael johns my vote is yes
cheryl gaston my vote is yes
sonetta graham my vote is yes ryan mcadams my vote is yes
thank you okay so number three 69 30 ardly street
Okay, so number three, 6930 Ardley Street, Christina Christall is the applicant.
This is a nunc protunc hearing only.
We have Leonard Reuter, Alan Notchamson, and David Orphanidis, I believe, may be involved.
Yes, it's my understanding, Mr. Chair, that David Orphanidis is now representing the appellant in this matter.
okay good morning you're on oh your honor i was in court yesterday uh
yeah still yes mr chair mr chair uh alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m
you swear referring to tell the truth the whole truth is nothing but the truth i do
mr reuter sure uh good morning may please the board leonard f reuter r-e-u-t-e-r senior attorney
city of philadelphia right uh do you swear or affirm to tell the truth the whole truth nothing
but the truth i do mr mr orphanetes are you here i am mr chairman could you please state your name
is spelled for the court sonographer certainly david orphanetes the last name is spelled o-r-p-h-a-n-i-d-e-s
right um do you swear or affirm to tell the truth the whole truth and nothing but the truth
I do, sir.
So before we start, the non-protong hearing for 6930 Artly Street has been rescheduled to today.
The sole purpose of this hearing will be determined whether there were circumstances that prevented the applicant, Christina Christall, from filing a timely appeal of zoning permit, ZB 2025-007-014,
and whether those circumstances justify the board accepting the appeal at a later date.
There will be no discussion of other preliminary issues or merits of the appeal.
The hearing will be limited to oral arguments by the parties unless a party has specific evidence that they wish to introduce or support their argument.
As the party that filed the appeal, Ms. Christel, will speak first.
That's Mr. Orphanides.
That would be me.
Then we'll be followed by Mr. Reuter, and the third and final party to speak will be Mr. Nockmson.
If you have any questions about the procedure, please let us know.
Why don't we start with you, Mr. Orfinides?
Certainly. May I share my screen?
Please.
Thank you.
Well, you can see that.
Good morning, Mr. Chairman, members of the boards.
I am here today representing Christina Christou.
I was just retained early yesterday.
I apologize for the late submission of the materials that I'm showing right now on the screen.
Brief housekeeping matter.
My client, Christina, lives at 7015 Ardley Street, which is about half a block down from the subject premises,
which is located at the corner of Ardley Street and East Sedgwick Street.
You'll see in the appeal forms that Ms. Christou filed as Christina Christou et al.
I understand that she can't obviously represent anybody.
She's not an attorney.
But she does live at 715 Ardley Street and lives at 715 Ardley Street with Richard Creamer.
They own the property together.
You can see that right here.
I can show you that.
So I would ask that the appellants, at the very least, be modified from just Christina Christou to Christina Christou and Richard Creamer, being that they both live together, they're married, they own the property as tenants admitted by the entirety, and they have similar interests in this matter.
They did form an LLC 6923 Neighbors LLC or 6930 Neighbors LLC in order to kind of protect and insulate them from possible legal action directly against them.
I would ask that that also be recognized as an appellant in this matter.
They are the sole members, and I have included the documentation regarding that here in my exhibit package that I submitted that is just the 2 of them. I understand that's a little bit unusual, but from a housekeeping matter, I just wanted to address those the appellant status.
Let's talk about that right now. Go ahead.
so mr orphanetes under the zoning code only an individual or an organization can file an appeal
against l and i i understand it needs to be either one person or the organization and it is the
discretion of the board um whether they are willing to uh recognize a change in appellant in this
matter okay and when you say one person i mean could it be a couple like in this case that own
this property together the code says individual individual okay i understand that so mr
The code says individual individual. OK, I understand that.
So, Mr. Chair, I would object to any change in the petition non pro tonk as that was submitted in that, you know, there is a time frame in which to file, you know, any type of petition of this sort.
So if there's any modifications of the parties and such, that would go towards the merits of the matter.
and would further show why the petition should be denied.
So I think it should stand on its own grounds that it's her at all,
whether or not she could do at all, because it does go to the constructive notice,
because she filed in on behalf of neighbors who may have also had notice of the zoning permit itself,
which go to the merits of the petition.
Thank you, Mr. Reuter.
Thank you.
um with respect to adding uh additional appellants i mean we would of course agree with the board's
council that uh it either has to be an individual or an organization but not both um you know the
city's in i i guess i i i understand the rationale of wanting to switch the appellant for an llc
or add an llc for potential liability purposes i mean they have nothing to worry about from the
City's perspective. But other than that, I'm not sure that it makes any difference. We would prefer
that the appeal proceed under the original appellant's name. I mean, she's free to call.
Mr. Orphaniti is free to call anybody they want to as a witness if they have relevant information
to give. I don't see what purpose it serves to actually add additional individuals or the LLC
as a party. So, you know, again, we'll defer to the Board's Council on this, but the City's
position is that we're not really sure what difference it makes right so so um we're going
to stay with the original appellant okay christina crystal okay crystal yes that is that is fine i
understand um okay so this is a you know this is a non-protunk matter um for for relief uh generally