And we are live.
Thank you.
okay chair as you wish we have about 38 attendees at the moment thank you good morning everyone my
name is confessor plaza and i'll be the acting chair for this morning zoning union along with
me are board members thomas holloman present james snell present thank you also uh board
Board Administrator will be Fatina L. and Zoning Board Attorney Rebecca Cole are also
in attendance.
Before we begin, I'd like to take a moment to make the following changes related to
this virtual format.
First please be advised that during this procedure proceeding is being recorded and by participating
you acknowledge your agreement to be recorded.
Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses
identify themselves prior to speaking or testifying. Third, for anyone participating by phone,
if you wish to testify, you must raise your hand by hitting star nine, then star six to
unmute yourself. Before calling the first case, I would be calling out cases that are being
continue the data. First case we have is calendar number MI 2020-00841, 1041 South 53rd Street.
is being continued, must be heard.
Next one is MI 2020-001-525-1037 Falk Road Street.
Is there anyone here for 1037 Falk Road Street?
i see no hands chair thank you that case will be dismissed
thomas holliman dismissed james snell dismissed thank you god i'm sorry chair it seems like
someone just raised their hand as an attorney. Okay. I'm allowing them to speak now. Thank you.
Okay. Good morning. Good morning. My name is Maureen Walsh and I'm present for arson
Kaskashian. We actually were asking for a continuance. Ma'am, do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth? I do. I do. Are you an attorney?
I am an attorney. I'm sorry, Chair, if we can just get her name spelling on the record, please.
Yes. Can you spell your first and last name? Yes. My first name is Maureen. M-A-U-R-E-E-N.
Last name, Walsh. W-A-L-S-H. I'm an attorney with the law firm Kaskashian Dover and Associates.
And I'm here on behalf of Arson Kaskashian.
Okay. And the reason for your request for a continuance?
There are three matters.
Mr. Kaskashian is in another court matter this morning.
Our client, Mr. Kolos, is still recovering from eye surgery.
But the most important reason is because we are still waiting on our engineer who has been hired to complete the drawings to provide those to us.
He indicated that they would not be done by today, and I have not gotten them by today's date.
This case was listed three times prior to today?
It is my understanding that's true, but we are waiting on this draft that we asked for after the last hearing, and we're still waiting on it.
And my client, the last continuous, because the client had emergency eye surgery, and he is still recovering from that eye surgery.
And my client, the last continuous, because the client had emergency eye surgery.
I'm sorry, Chair, this is Tanya Sankit, the Zoning Board Administrator.
This case was initially scheduled a year, over a year ago, in September of 2020, just for the record.
Thank you.
Okay, that being said, calendar number MI2020-001525, dismissed.
Thomas Holloman, dismissed.
James Snell, dismissed.
Thank you.
Number five, MI2020-002622, 1713 South Street.
This case was listed three times prior.
My vote is to dismiss.
This vote was actually dismissed on June 23rd.
I'm sorry, 2021.
It was previously dismissed.
Next one up, number 12, MI 2021-00316990 Rochelle Avenue.
Continue.
Attorney asking for a continuum.
will be continued. Thank you. Does anyone else here need a continuing or are withdrawing their
case or feel that any case that I called was due to an error? Please come forward now.
Chair, we have Rachel Pritzker. Thank you. Rachel, good morning. Please identify yourself for the
record good morning rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite 1600
philadelphia pa 19103 thank you rachel you saw our phone to tell the truth the whole truth for
nothing but the truth yes thank you please proceed uh chairman i represent uh the owners of 3504
Ainsley Street. I was just engaged yesterday to work on this matter, so I'd like to request a
continuance so that I have time to review the record and can actually put on a decent case for
the board. Okay, calendar number MI 2021, that's 003-662-3504 Ainsley Street. Anyone else here
who would like to speak in this manner?
Chair, we have Alan Nockamson.
Alan, good morning.
Please identify yourself for the record.
Alan Nockamson of Nockamson, PC,
123 South Broad Street, Suite 1600, Philadelphia PA, 19109.
I had my hand virtually raised just for another matter, so I have no interest.
Hang on tight. Thank you. So MI 2021-003-662-3504 Ainsley Street will be continued.
Thank you.
You're welcome.
Anyone else?
chair we have leonard excuse me we have alan alcamson i'm gonna unmute him now thank you
hello mr chair good morning members of the board you saw our friend to tell the truth the whole
truth for nothing but the truth i do thank you please for seeing uh yeah so we have some
confusion with the with one of my listings on the 930 list um we are representing the property
owner at 2241 North Fifth Street. We were told that we would have a hearing today. There was
an administrative error before regarding this matter. And we then discovered that there was
no, that accidentally they put 2241 North 15th Street, which my office previously handled on
the listing. So we never received the orange posters for 2241 North Fifth Street. This is
the second time there was some type of administrative error um so now you said fifth
street or 15th yeah so so we actually represented both 2241 north 15th street um which we handled
months ago but right now we have pending a pending zoning appeal for 2241 north 5th street so
accidentally if you look at the calendar listing it's in the middle of of this 9 30 listing there's
2241 north 15th street so what we're trying to do is just either be able to present today
we have a letter of support from the coordinating rco or at the very least get a date
coordinating rco or at the very least get a date uh with orange posters uh sometime this month
for this very simple zoning matter uh i don't see fifth street on our agenda today
that's right because it's the same number the same prefix of 2241 it's just uh the administrator
um accidentally put north 15th street because i'm associated with that matter which was handled
months ago, instead of North 5th.
Gotcha.
And you say you haven't received the orange posters?
No, our office has been working with the administrator, but we haven't received a firm
response of what's going to happen.
So as you can imagine, my client's very frustrated.
This is the second listing for this matter, where originally it was taken off.
Again, a confusion between 2241 North 15th and 5th.
So we thought we strained it out, but then obviously we're not on the calendar listing.
It's not where the 15th is.
Yeah, unfortunately, you know, get a hold of Tanya offline and see what she tells you, okay?
Because if we don't have it on our agenda, we can't go forward, especially if you haven't got the orange posters yet, okay?
I appreciate that, Mr. Chair.
You got it.
Thank you.
Anyone else?
Chair, we have Hilary Langer.
Thank you.
Please unmute yourself, Ms. Langer.
Ms. Langer, please identify yourself for the record.
okay we also have steven dudek
please unmute yourself hello this is steven dudek and sir please identify yourself for the record
spell your first and last name this is steven dudek
spell your first and last name please s-t-e-p-h-e-n-d-u-d-e-k uh you saw a firm to tell
the truth the whole truth for nothing but the truth yes okay and what case are you here for
uh the case that was just discussed by rachel pritzker uh there's a last minute shuffle
um we wanted to actually go through with today's that case is being continued
you. Thank you. Anyone else. I see no other hands here. Thank you. So first case up will
be calendar number MI 2021-003177, 1214 East Susquehanna Avenue.
um fatine are you there yes i am i'm trying to promote now ms hunkett okay
it looks like the attorney melanie lacy is available
okay i'm promoting her now
Good morning, ma'am. Please identify yourself for the records by your first and last name, please.
Good morning, members of the board. Melanie Lacey. I'm with Claire Harrison,
Harvey N. Brandsburg, 1835 Market Street, Street 1400, Philadelphia, PA. Apologize, M-E-L-A-N-I-E,
last name L-A-C-E-Y. And can you sort of find to tell the truth, the whole truth,
for nothing but the truth? I do. Can you agree to wait the reading of its refusal and stipulate
to its accuracy? Yes. And have you emailed an exhibit packet with the required documents,
proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans
five days prior to this hearing? I did. And have you met with the RCO and have a letter?
Yes, and we do.
Thank you.
Please proceed.
Okay, good morning, members of the board.
Once again, my name is Melanie Lacey, and I represent the owner, Micah Sherman.
This is a variance application for a multifamily building with four dwelling units.
The property is located on Susquehanna Avenue between Moyer Street and East Girardi.
The property is located on Susquehanna Avenue between Moyer Street and East Gerrard Avenue.
As mentioned, we met with the coordinating RCO, which is Fishtown Neighbors Association for Screening and Public Meetings, and the public meeting took place on September 28th.
The FNA provided a letter of support, being satisfied that we demonstrated a hardship, proposed a use of high-quality materials and design, and established precedent of the legal multifamily use that was previously at the property.
So to give some background on the application, back in 2016, our client had a multifamily building at this address.
As you can see from the picture, there is no building presently there.
So the entire building was destroyed due to the negligent excavation work performed at the neighboring property, 1212 East Susquehanna Avenue.
And at that time, the construction company's failure to properly underpin our client's property resulted in significant structural damage, and the building collapsed, and ultimately it was rendered uninhabitable.
So the Department of Licenses and Inspections ordered Micah, the owner, to immediately demolish or repair the premises, and after filing a catastrophic loss claim,
His insurance company determined that the property was beyond repair, requiring demolition and replacement of the entire structure.
So let me show you some photos of the building before it collapsed.
This is the exterior,
as well as the deck in the backyard.
And I'll mention that the owner occupied one of the four units and intends to reside there, so the board approved this application.
I'll also show you some photos of the interior prior to the catastrophe, and this is the unit that he occupied.
And you can see it had been renovated quite recently.
So following demolition of the structure, MICA applied for a zoning permit in June of
this year.
L&I issued a refusal because a proposed multifamily use is prohibited in the RSA 5 zoning district,
which I'll show. However, the use would not have been interrupted, but for that excavating
catastrophe that I mentioned. It's also important to note that the building was legally converted
to a three, from a three-family to a four-family dwelling pursuant to a permit that was issued in
1988, which you can see here. So this morning, we're here because Micah's simply trying to rebuild
that four-family building that he had before the neighbor's excavation work destroyed it
by granting approval of this prior use. We respectfully request this relief, given that
the four-family dwelling was legal prior to the catastrophe. The interruption of use is no fault
of the owners. He is, in fact, a victim of negligence, and restoring the property won't
endanger the public. It won't introduce undue traffic congestion. It won't burden public
facilities damaged environment or interfere with neighbors use of their properties.
So that summarizes my testimony on the application, and I'm accompanied by Micah Sherman, the
owner.
So if Micah, you would raise your hand so that you may be promoted to the panel and sworn
Yes, thank you.
He's coming back in as a panelist.
Morning, sir. Please identify yourself for the records by your first and last name.
Is that okay now? Am I here?
Okay. My name is Micah Sherman. My first name is M-I-C-A-H, Micah. My last name is Sherman, S-H-E-R-M-A-N.
And you so affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you. Please proceed.
did you hear my testimony that i provided to the board this morning yes i did do you affirm that
my presentation was accurate yes i do and do you adopt the testimony as your own i do okay thank
you so along with the project architect um we'd be happy to address any questions that you may have
and that concludes our presentation thank you does the board have any questions uh yes can
Can we show the drawings?
Thank you, Tom.
You're right, I did not show that.
Here we go.
Okay, so this is a zoning page, site plan.
Page, site plan, and let me know if you'd like me to slow down or stop on any particular sheet.
Can you see that, Tom?
continue
i'm sorry you can continue showing oh it's just those three pages
i thought there was nine pages
it just