kitchen yeah it's kind of like any regular property if you will so when you look at the building like
the side of it you think oh it's just like a traditional colonial bottom and top but it's not
so when i bought it i was a little surprised too so you go in there's a living room then you make
a left up the steps and those bedrooms and bathrooms sit over the commercial part of the
space. And then when you go, when the tenant comes in, they come in and their living room's to the
right. They go up the steps and one of their bedrooms sits over actually my unit. Got it.
And then who's going to have access to the garage? Me. You. Okay. So not the commercial side.
and then in terms of separation um one like what is your plan for sound attenuation
and for fumes coming from the kitchen because this is now like not a you know cold sore stop
and where it's your plan for exhaust and trash for the um and i mean i'm assuming you're invested
because it will be under you yeah the exhaust goes to the roof for sure go ahead okay yeah so
the exhaust um is going to go out on the street side um i'm very friendly with the neighbor there
and she's on board like she supported came to the community and gave a vote for it and so we're
going to put the exhaust actually on the street side so it won't even touch any of the neighbor
danielle's property and it will go straight through the um roof and then your second question
was about trash which i talked to mike because you're thompson thompson street thompson street
side okay yeah away from the neighboring home that uh on lehigh and if i give a little little
little bit more clarity around that pipe's going to go so with the engineers so you have the
restaurant and the reason why i'm keeping the unit for myself is for things like this
we're going to actually run the pipe so it's actually right next to my restaurant so it's
out of the way of the restaurant it's out of the way of the neighbor so the only unit that might
be impacted is my actual personal townhouse that i'm keeping but it's really going to be out of
the way because we're redoing the facade of the building so the way they're doing it it's going
to be captured within that facade so you won't even see it to the naked eye okay yep and the
trash i can answer that question go ahead so in the basement we're having a uh a special room
built and we're going to have trash pickup three times a week commercial trash pickup because when
i met with the neighbors the only concern i'd say they had is is there going to be a lot of trash
outside and i said not at all we're going to build a room down in the storage area the basement area
all the trash we kept there and i'm going to pay three times a week for commercial property
uh commercial pickup to happen okay and then is your plan for deliveries that they're going to
happen on the Thompson Street side. Yeah, exactly. There's built-in doors that go into the ground
there. Okay. Yep. Excellent plan for your trash. Thank you. Just the thought process that you have
in terms of consideration for your neighbors and the exhaust. I think more business owners
should think like you thank you here you go here you go yeah that's nice to hear
i'm sure it is questions or comments from our attorney hillary emerson um i just just wanted
to note for the records it doesn't say on the refusal that there will be two dwelling you're
proposing to keep the two existing dwelling units at this property correct yes all previously
approved use is uh of course this was typically what i put on all my applications yeah no it was
it wasn't on the refusal that's what right that's why i was making it up for the record thank you
yep so hillary walbert twelker provisably first floor and basement only
okay all right questions or comments from the virtual audience
planning commission amy boy with the planning commission the comprehensive plan recommends
no change in zoning at this location from the existing cmx1 commercial mixed use
The proposed takeout restaurant is in character with the commercial natures of the property on this corner.
the proposed takeout restaurant is in character with the commercial natures of the property on
this corner.
The planning commission recommends that the board grant their Crest variance for takeout restaurant.
MI 2025-005-415-2627 East Lehigh Avenue. I vote yes with proviso. First floor and basement only.
John, my vote is yes with proviso.
I'm going to abstain since I wasn't here for the entire presentation.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Thank you all.
Thank you.
Ryan, you have one more at 3.30, right?
Yes, sir.
Is there anyone in the 2 p.m. list whose case has not been called?
I see no hands. We're going to go right to the 330 list. Good afternoon, everyone. My name is
Bill Bergman. I will be chairing this meeting in the Philadelphia Zoning Board. With me is our
board vice chair, Tanetta Graham. Present, Mr. Chairman. Our board secretary, Cheryl L. Gaston.
Present, Mr. Chairman. Board member, Michael Johns. Present, Mr. Chairman. Board member,
Ty Wynn. Present, Mr. Chairman. Board member, Ryan McAdams. Present, Mr. Chairman. Also present
is our attorney, Hilary Emerson, our Zoning Board Director, A.N. Haggerty, and our Board
Administrator, Lakeisha Dandy. Recording of this hearing will be posted on the ZBA website.
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Please remain there so we can account for you.
So let's look at our schedule for this afternoon.
Number five, MI 2025-004-410-500 West Duncan.
Sonia Drummond is the listed owner.
There are no exhibits.
This is the first listing.
Jared, this is Ian Haggerty. I'll be your co-host for this session.
Thank you.
Sonja Drummond has been promoted to.
Sonja?
hi sonya could you please state your name and spell for the court stenographer
sonja drummond s-o-n-j-a-d-r-u-m-m-o-n-d do you swear or affirm to tell the truth the whole truth
nothing but the truth yes sonya we do not have any exhibits we didn't get your package um yes i'm i
am i'm prepared so i was going to ask if i it can be postponed okay so what we're going to do is
going to continue your case yes um it'll be continued to 6 16 26 at 3 30 p.m and that'll
be mark must be heard if you have any questions call the staff and they can help you prepare your
case or tell you what you need to put in your case okay okay thank you all right thank you very much
is there anyone requesting your continuance
i see no hands jerry so number one mi 2025 004 309 120
So number one, MI 2025-004-309-126, Alexis Lane.
Pasquale Calavito is the attorney.
There's a letter of support from Greater Busselton Civic.
And there's also a letter of non-opposition from Council Member O'Neill.
Mr. Calavito is rejoining as a panelist.
Let's see. Good evening, everyone. Good evening, counsel. You've already been sworn once today. Could you identify, just state your name for the record.
Or Pasquale Colavita, P-A-S-Q-U-A-L-E-C-O-L-A-V-I-T-A.
Could you identify your clients and their relationship to the property?
Yes, I have Mr. Chen and Mrs. Zhang.
And also we have Helen Lin, who is going to translate in the event that we need her.
No, we can't do that.
I don't think we need her.
But we're not going to let her testify.
That's fine.
All right, so you're going to have to get your clients, all right?
That's fine.
Our vice chair has a few questions here.
Good evening.
Have you submitted your documents and exhibits five days in advance of this hearing?
I have.
And do you waive the reading of the refusal and stipulate to its accuracy?
Okay, thank you.
You can share your screen and proceed with your case, please.
Thank you.
Again, Pasquale Colavita, attorney for Xi Chen and Fang Zhang, the owners of 126 Alexis Lane.
This is their home that they purchased in, I believe it was 2019, and they unfortunately built, we're here for legalization of a non-conforming use.
This is a dimensional variance that we're requesting, and we received a refusal upon application by my clients.
They built a deck or action out of the deck. They built a structure that needs a 25 foot rear yard setback.
It does not have that. We filed an appeal and that's an exhibit three copy of the project information form at exhibit four was submitted.
And here's a copy of the plans that were submitted, and I can go through these before I get to I'll go through exhibit six head is attached are the notice to the neighbors.
We met with the RCO and as previously stated, there's a letter of support as well as a letter of non opposition after our meeting.
At Exhibit 7A through C, I will submit photographs, and Exhibit 8 and 9 are the letter of support.
And it's not a tax clearance certificate.
I, for some reason, had struggled in matching the names with the Social Security numbers for it, but their taxes are paid in full, and I have proof of that.
So back to the plan itself, which I presume is going to be the question, the most questioned part of this.
So as you can see, there are two structures.
One is the side yard that is there.
There are no issues on the dimensional, any issues with that.
But the rear one is the one that we have.
There's a 10-foot setback, whereas a 25-foot setback is what is required.
Even prior to any addition being constructed there, it was 24 feet 2 inches to that dotted line.
So the roof line comes out a little bit further, but the back wall is 24 feet 2 inches from the rear.
there's a fence there right now so what I can do is show you photographs of it and then we can get
back to questions about it so this is proof that it was properly posted see if I can make these a
little bit smaller so take it back a little and it was done with prior to 21 days in advance
show you some photos of this is the structure that we're we're discussing so we are here for
the legalization of a non-conforming use today uh the the present homeowners uh constructed
around 2022 um i guess one of the arguments here
around 2022 i guess one of the arguments here is that it has no effect or enjoined on a neighbor's
use or light and air and i would like to say that it's the least modification possible
as you can see the the rear yard there's plenty of space here and there's a side
So then if we go to other photographs, so the argument here is also that there are other properties and I have them listed in the table of contents and I can show you from the photographs that we have other properties with similar structures that have less than the 25 feet of rear yard space.
There are 12 of them that I have delineated, from 121 Alexis Lane all the way through to 130 of Alberger Avenue.
I don't believe that I submitted the table of contents, so just for the record, I'd like to state them, if you don't mind.
121 Alexis Lane, 127 Alexis Lane, 114, 120, 125, 127, 129, and 130 Delia Lane, 9224, 9232, and 9234 Darlington Road, and 130 Alberger Avenue.
All of those properties have similar structures in the rear.
And the one right behind it, I'll show you photographs of them.
So here is a cop photographs of the 123 Alberger Avenue that shows the rear.
I mean, can't see by foot, but by but those are additions that have been put on there.
My name, my clients had gone through the neighborhood and photographed them.
But I found other ones that I saw from Atlas, and I can show you a global of those.
Even the property directly behind it has significantly less than the 25 feet.
We have, again, 9280 Darlington.
All of these are in a cul-de-sac as well as the properties that they're all within one block of my client's property.
9280 Darlington Road, you can see from the street that this rear addition is very similar to the one proposed for an approval here.
9272 Darlington, again, comes well within 25 feet.
I mean, I know that we don't have a tape measure here, but it's pretty evident.
this is one that i actually did not even place on it but this is less so only due to the fact
that this is a side one there is no setback there so if we go again the greater busselton
they they did not oppose and actually supported the matter and last one is showing that
The taxes have been paid. You know, the last one is the 50. This is 2026 year. I'm sorry. I'll highlight it. This is 2026. So it's not yet due.
I can stop sharing this for a second and I can show you overview if you would like to take a look at other properties or I can take some questions if you have any.
would i don't i mean i i think you're going to keep showing us the same thing um i am i mean
in essence i guess the question the question is you know um when did they build this and
and how did you and let me ask this you you just showed us things everywhere how did you end up
here did l and i cite her or cite them they are so i there are violations on the property from
what from my review of what i saw in there and that was in at the end of 2024 so the answer is
yes they did uh then file cited now they had to come and get a variance for the space in the back
from what from what i can determine yes okay all right questions from the board yeah could you
clarify for me um so there was a side edition and a rare edition and the photos that you showed us
were of the side edition not the rare edition is that correct no i showed you both but i i will
share it again and i'll bring them thank you bring it back up for you and while you show
And while you show the pictures, can you outline what is happening in those additions?
the pictures. Can you outline what is happening in those editions? Sure.
Okay, that's the rear addition.
I mean, is that a room that's attached to the house?