or the attorney will continue your case the documents required should be submitted five days
prior to the hearing okay so we just wanted to give you the opportunity
D to hear why you were continued. Okay. Okay. All right. So how can I get your
information? So I'll be able to. I'll chat it with you. Okay. Okay. All right.
Thank you. Thank you. Chair. Thank you.
Calendar number 39586 9566 Wally Avenue. The attorney is Alan
Nockamson. Mr. Nockamson, you've been promoted to panelists. Thank you very much. Mr. Nockamson,
can you please put your name and address on the record? Yes, my name is Alan Nockamson of Nockamson,
MPC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
And do you affirm to swear or affirm to tell the whole truth or nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
You may present your case.
I am presenting my packet of materials which include eight exhibits. First exhibit is the deed to the property showing that Andre and Irina Bobrove Nipoka, I apologize for mispronouncing their name, but own the property at 9566 Wally Avenue.
Just a little bit of background.
This lot size, it's a single-family residence, but the lot itself is over 15,000 square feet.
The house on the lot is only 1,900 square feet.
They are looking at second exhibits, the certificate of tax clearance, showing that they were in good standing with the city of Philadelphia.
They've owned this property for almost or have lived in this house for almost 15 years.
uh so they had um or they still have a shed in the in the far rear of their property they were
looking to put a new shed in the rear of their property and they did install it uh they were
unaware of the requirements to actually get a zoning permit you know for the installation so
when they received a notice of violation from lni they hired our office to handle this matter
They did receive the notice of refusal and they're being refused due to the size of the shed, the new shed. Under the code, they're limited to 130 square feet and they're asking for 355 square foot shed with a 14 and a half feet length of 24 and a half feet.
Just to reiterate, again, they're on a lot that's over 15,000 square feet where the shed is located. The only party that can actually see the shed is to the right of them and 9568 Wally Avenue. And you'll see from the photographs I'll show, the neighbor has almost the same exact building structure on their property with no permits.
So, you know, we took an aerial view from atlas.philo.gov to show what's surrounding them in 9566 Wally Avenue.
And as you can see, this is, you know, their shed right here that they're looking to legalize.
And this is the current shed which they're looking to demolish on their property.
But as you can see, 9568 has two structures on there and towards the rear.
unlike ours there's no path leading towards our shed here there is you know a path along the way
and 9564 also has a building structure on their property towards the rear of their property
9562 has as well 1017 twist road 1013 twist road 1011 twist road 1009 twist road and 1005
of Twist Road. None of these are recognized on the city's website as having permits.
So during the community meeting, there was some issue with the size of our shed. So it
was our understanding that the shed that we have installed and we're trying to legalize
is of similar size to other building structures that are located in the rear yards of these
uh yards of these other properties that i noted so we actually took what is on atlas and there's
other properties that I noted. So we actually took
a way to compute the size of it and if you look at it the size of the building structure to the
right of us because this is our shed the building structure to the right of us at 9568 walley avenue
is actually larger according to atlas of 30 386.33 square feet so the fact you know during the
community meeting was discussed that our our you know building structure our shed is larger than
anything around there at least according to Atlas is not correct we also included the application
for appeal that was filed by my client with the zoning board of adjustment as long as well as the
project information form here are the zoning maps showing you know where we are in the neighborhood
again if you look at our you know size of our lot is substantial you know over 15,000 square feet
and you see for the rest of the property see my clients take really good care of their property
you know the front lawn is well maintained you can see even though the lot is very large the
building structure again according to the city's records is just over 1900 square feet uh you know
one of the reasons why they're looking to have a larger shed is that their garage is small uh they
typically park their cart in their garage. And then the storage in the basement of their property
is minimum at best. So they're looking to have this shed to replace this one. This is the shed
that was at their property when they purchased the property over 15 years ago. Again, over 15 years,
they've accumulated a lot of items and materials. They store their lawnmower in this shed.
They install, you know, they store their tools, they store their holiday decorations, and the husband of, you know, the husband and wife who own this property, Andre, his mother stays at the property often, and she has a disability, so they store her walker, her wheelchair, things like that.
So they really do need a decent amount of storage for their family.
And this is the drawings for the project. As you can see, again, this lot's over 15,000 square
feet. You can see the size of the building structure, which is around 1,900 square feet.
And you can see really where it's just tucked in the back. So no one else would see it other than
95-68, where their building structure is right here, which is larger and again has no permits.
And you'll also see that part of the plans, they are removing the existing shed, assuming it gets
approved. And then here's correspondence from the coordinating RCO, Greater Busselton Civic League.
It was a very unique presentation. There were 47 addresses we mailed the entire presentation materials to, and then we had the presentation via conference call.
So no one was physically present at the community meeting, and I don't know how they advertised the meeting other than the 47 addresses we mailed it to.
um i will say that we don't know how they conducted the vote because we weren't there
i don't know how they proved that the people who were on who were voting were actually
you know the ones who had addresses that were within these 47 so i don't know if someone from
the coordinating or co is here we just don't have any of that information i don't believe that they
did anything improper i'm just saying that we don't have a lot of that information um i will
say that we did talk to the person to the right of us, we meaning my client, and 9568
Wally, and our understanding is that person had no objection to the granting of the variants.
I don't know if they were online, so we have a little information about this. But you'll see
that we did give information about this meeting. It was a dialed-in community meeting, and we gave
our packet of materials shows 47 addresses, which shows, you know, again, these addresses.
So that's our presentation in a nutshell. I would like my client to confirm and attest to my
presentation or the facts of my presentation. Irina, can you virtually raise your hand so
they can recognize you you can unmute and wait to this morning hello
and wait to be this morning.
Hello.
Hello.
Yes, Irina, can you state your full name and address for the record?
Irina Bobrovnikova, the last name B-O-B, like a name, B-O-B, like a B-R-O-V-N-I-K-O-V.
My address is 9566 Walley Avenue, Philadelphia, PA, 19115.
We're going to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Mr. Knackamson, maybe, I don't know if the sonographer got the name.
Could you spell the name first and last name for us, please?
Sure. I-R-I-N-A, B-O-B-R-O-V, N as in ANSI, I-K-O-V.
Irina, you heard what I stated today.
And is it true and correct?
And would you adopt it as your own testimony?
Okay. So I have a few follow-up questions.
How much money did you actually spend in constructing that shed?
It's about $6,000.
And I stated to the board that you've lived there for the past 15 years.
Is that correct?
And how much would it cost to demolish that shed?
It's about, I think, $2,000.
And what do you store in that shed?
Actually, you explained very well, but the only thing I would like to add, we have four bicycles and also we have...
I think, Mr. Nockamson, excuse me, ma'am, I think we can agree that it's used for storage of anything from building materials to household goods, whatever.
It's a storage shed.
It's not a residence, right?
It's a storage shed.
storage okay yeah and what and why relate to that okay and why do you need that storage shed
um because actually we have a lot of stuff we live in here already 15 years almost that's why
we have a lot we have a bicycle we have a three alone movers and actually we have
garden stuff
and we have
tennis ping pong
table. We like to
play with our family
ping pong.
That's why this is pretty much a big table.
And also
Andre, he work full time
and take care of
his mom. And we very
love our parents.
we take care of and the parents often visit our house and we use like a worker and a lot
of stuff for her and we keep in our shed and also our basement is pretty much small and
we use our basement for musical instrument. We are a member on a church and actually we have
drums and guitar and we don't want to be noisy for our neighbor. That's why I think it's enough.
So and then you and Andre reached out to the owner to the right of you at 9568, right?
Yeah, 65.
Yeah, 68.
Did they have any issue with the installation of the shed that we're trying to legalize today?
Oh, no.
You know, we are very friendly.
And actually, when he built the art, oh, you know, it's beautiful.
And he gave, actually, a couple of advice for us.
And we are very, very friendly with our neighbor.
Mr. Nockinson, I have a question.
Is that new shed going to be used for musical instruments?
Is that going to be a band rehearsal place?
No, I don't think so.
Okay, then I think we'll have a picture.
Is that okay, Mr. Chairman?
That's okay.
Actually, there is no electricity and nothing.
It's just a storage.
And for musical instrument needs to be a storage at home because...
Irina, I think they get it.
I think we concluded our presentation.
Thank you so much.
Thank you.
Questions from the board.
no no no anyone else wish to testify in this case if so please raise your hand
i have a bernard bernard you can unmute yourself and speak to this case
um i don't hear anything from bernard so anyone else ahead you can keep moving to here
no one else okay okay now we just can you hear me
Okay, sir. I'm not sure if you have two devices or not, but something is giving us feedback.
So if you have two devices, turn one off.
And then I also have, Mr. McKeever, do you want to testify?
Your hand keeps going up and down, up and down.
John McKeever, you can unmute yourself and wait to be sworn in.
One more waiting, planning commission.
A lot is designated for single, sorry, this is Mason Austin representing the planning commission.
A lot is designated for single family residential in the comprehensive plan and the zoning conforms to that designation.
Given the strong objection by the RCO and the lack of testimony with regard to hardship, the Planning Commission recommends against the approval of this variance.
I'm just curious what the opposition is, if we can get anybody to speak to that issue.
John McKeever, are you the same? Is it two people or not? Is it Bernard and John together or no?
No. No. This is John McKeever, J-O-H-N-M-C-K-E-E-V-E-R.
Your address, sir?
1927 Rally Road, R-E-I-L-L-Y, Philadelphia, PA-19115.
I'm the Vice President of the Inter-Bussell Civic League, the RCO, testifying today.
You're swearing for him to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
First thing I want to do is indicate the voting and how it's done, evidently by the lawyer, doesn't know.
So we operate on a telephone basis because we have 30 of our 280 members who do not have a computer.
So therefore, we have to use the telephone device to do it.
Two, he's the president of the Muslim Civic League.
It's a copy of all the addresses or emails of the people who call in during this meeting.
So as you see in the letter you got from him, there were 35 people on that particular call.
The way we vote, since we can't have it by hand, the individuals have time to email the Muslim Civic League website.
and when that particular
they can vote yes or no to the project
they have seven days to do that
and he received
21 correspondents
22 correspondents
21 opposed and one
were in support
would you repeat that again sir
I'm sorry