we're clear on that hillary i thank you for your you know due diligence in examining applications
and whatnot because it does help us um you know moving along because if we get approvals which
don't include everything we want uh you know as an applicant you know i i get that uh um i believe
Steve, I can address the parking. We do have a site plan.
Yeah, this was a use application and therefore site plans were not involved in the application process.
But I do have a site plan part of my application and ZBA exhibit packing,
which I would add is a supplement to what my client submitted directly to the ZBA in advance of this hearing.
so all right sean could you identify your client in the relationship to the property
mr chair am i uh
you know i'm seeing on the screen you know
You know, I'm seeing on a screen, you know, a bunch of faces. I'm not, I am not, um, allowed to share.
It's me. I'm speaking. No. Okay. Do you see the green button? You should be, you're already promoted to a panelist. So you should have the green button.
all right i got it now okay things have changed since you're coming yeah things have changed since
when you weren't looking we changed a lot of things here yeah yeah could you identify your
client in relationship to the property yes uh i represent
Nabeer Jabir is the owner-applicant and he is the owner of 751 East Wyoming Avenue.
Okay. Our Vice Chair has just a few questions for you, sir.
Very good.
have you submitted your documents and exhibits five days in advance of this hearing
for the record uh my client submitted the required documents in advance of the hearing
i submitted uh via email and through the zba portal uh the supplemental exhibit packet which
i have on the screen right now thank you for that and do you waive the reading of the refusals and
stipulate to the accuracy oh most certainly okay all right thank you you can share your screen and
proceed okay uh mr chair and members of the board uh i have a a 24 page exhibit packet not 174 pages
and it's not going to be a commonwealth court uh uh brief that i'm submitting to the board today
In my packet is A1, the notice of refusal, the application is for personal vehicle sales on a vacant lot.
It resulted in two refusals.
Personal vehicle sales are not permitted in the district.
and the application, because it was a use application, did not require a site plan nor any other indication,
but yet a refusal was issued for parking, nine spaces required, zero proposed.
I would note that our plan proposes 11 parking spaces, which includes one handicap.
Accordingly, we need use variances today.
A2 is the Proof of Ownership, which is the deed in the name of my client.
A3 is the Proof of Tax Clearance.
A4 is the Site Plan, which I just mentioned.
A5 are a deed map and an aerial photo.
A6 are photographs of the property.
Most importantly is A7, the RCO 42nd Ward, who met with my client and are well familiar with him.
and his other businesses and properties in the area.
I did not receive directly anything from Councilwoman Ketsy's office,
but if it was submitted or if they are present, they can acknowledge,
or if it is submitted, I would that be marked as A8.
The only relevant zoning history that I could find is a vacant lot registration zoning permit filed in 2021.
A-10 is the zoning map and A-11 is the aerial photograph.
And very briefly, it's an auto sales lot proposed.
Typical days and hours, Monday to Friday, 10 a.m. to 5 p.m.
Saturday, 10 a.m. to 7 p.m. and closed on Sundays.
So moving forward as briefly as possible.
The refusal, again, two refusals.
Required parking and use not permitted.
Copy the deed. Tax compliance. Here is the site plan. Going from upper left down to the bottom right is Wyoming Avenue.
There is a driveway coming up. Client proposes parking spaces totaling 11, including this handicapped parking space for the use as a auto sales line.
This is the deed map from Atlas showing the subject property, another one showing the
property with the aerial photo imposed on top.
His posting of the notice of appeal.
his posting of the Notice of Appeal.
This is the view from Wyoming Avenue.
As you can see, this property sits well above the street level.
You can hardly see it from the road.
He's done tremendous improvements to the frontage.
You would think it was a golf course entrance, let alone an auto sales line.
Again, the driveway going up.
There is an existing roll-down door, a lot secured.
Here's looking down.
It's got the stop signs at the bottom before you get to Wyoming Avenue.
This is a copy of 42nd Ward's letter of support.
As you can see, nobody appeared at the meeting.
It was the board and the RCO members voted 9-0 in support.
They gave us a great letter in support addressed to Councilwoman Katsy Lozada, indicating that he owns other vehicle sales lots, and they expect that he's going to be a great neighbor moving forward.
this is the zoning permit for the vacant lot
it's also known as 736-38 Maple
Avenue or Maple Lane I don't know why
but it's the adjoining street
again a Google aerial showing
the lot with the driveway coming up
that is the sum and substance of the application
You know, unless there's any objections from the councilwoman, we know that the RCO has supported the application, and we would ask that the board grant the application.
Why don't you bring your client on and have your testimony adopted?
Yeah, Nader, are you out there?
Click on raise your hand.
Mr. Chair, I have him on text message. He was logged in, but as an officer of the court,
I've reviewed this application with him, my exhibit packet in addition to that which he
submitted directly. I would ask that as an officer of the court, you recognize
that he adopts my representations as true and correct and as his own testimony.
questions from the board yes the residential properties that sit behind uh the property
are they in support of this uh michael they're directly attached from the at the back of the
property all right wait let me wait i'm trying to get to a better
bear with me right wait uh yeah right those two those two right there yeah in particular
michael michael we have we have we have received no objection or you know any other comment uh from
the folks behind us um and you know given the fact that this you know this property sits above
Wyoming Avenue. Believe it or not, I did the
property right next door here. We got approval
for this addition. That's like an assisted living
home that we got approved for this addition.
But no, we have received no
objections from anybody on the block
or in the area, despite
notification so also did but I think it's pretty nice that it sits back and
has the sort of green buffer you know that separates the the site and the
Wyoming but my question is how is what's what's the plan for for signage you know
usually you know you know sales part car sales has the you know the ribbons and
the balloons and all that stuff like what are you in signage which are you
playing what it was the plan well it's a great question I imagine you know the
the board above the roll-up door you know might display a sign you know Jaber
auto sales or whatever you know he wants to go by but at this point there's no
There's no application for signage.
If signage needs additional relief, we would obviously back to you guys and gals.
we would obviously back to you guys and gals to get your input and relief if required.
Any other questions? Questions from our attorney, Hillary Emerson.
Excuse me, Chair. There is another hand up under the name of Sean Ward. Would that be the client?
no that's that's me i was probably on my cell phone like okay okay
no like i walked i walked away from my computer and i i probably logged in on my phone so i didn't
miss anything all right um i don't have any further questions or comments thank you questions
or comments from the virtual audience there are no hands chair planning commission michael
gall with the philadelphia city planning commission the comprehensive plan recommends
no change to the existing rsa 5 residential single family attached zoning at this location
the property in question is a large vacant lot that closely abuts neighboring residential
properties creating a high potential for nuisance from the proposed use therefore the city planning
commission recommends the board deny to request a variances for personal vehicle sales service use
and required accessory parking mi 2026 00981 751 east wyoming avenue i vote yes
michael johns my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes
ryan mcadams my vote is yes i win my vote is yes um sean glad seeing you
uh mr chair uh i have a continuance on the 330 list but
yeah we have i'm not i'm not sure if i can wait that long no no we're fine we're fine we're fine
Okay. All right. Thank you. Okay. Um, have a great. All right, Alan, we're going to take a five minute break. Why don't you come up and get set up? We have two cases left and it's you. Right?
okay so this is number uh 5 mi 2026 000 484 1254 north 19th street alan knockamson is the attorney
mr knockamson you have been sworn today just for the record state your name
alan knockamson and could you identify your client a relationship to the property
Yes, my client is N-Vest 365 LLC, and to my left is Najee Good, one of its members.
Our vice chair has a few questions for you.
Good evening. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, we have.
And do you waive the refusal and stipulate to its accuracy?
Thank you, sir.
You have a letter of support from Brewery Town, and you also have a letter from Council Member Young.
Great. I just need to be promoted as a panelist, please.
you're still not promoted from this one i i must have a little humor you weren't promoted before
either right i was no that was last time was my fault but
all right so this is a story that you hear this board here sometimes you have a developer
who got approval in front of the zba and they ran out of money and then someone had to take over
the project that's what happened here my client took over this project and unfortunately in the
city of philadelphia you only given so much time to build uh you know the the building and and then
even if you have a building permit those permits expire and that's what ultimately happened here
so we're just renewing essentially or extending uh you know these permits by way first of zoning
and then we'll have to go through the building uh permit phase again uh so you'll see there are 11
exhibits here uh and then at the conclusion my presentation nausea will you know have a couple
questions uh to answer uh but everything you know that you're seeing today uh this board heard many
many years ago. This is an RM1 property, and we're only asking for two units. So you're like, oh,
it's an RM1 property, asking for two units. That's the least modification you can, that's the lowest
amount of units you can get for multifamily, except our lot's 765 square feet, which base
zoning would allow, but we're in an overlay, which requires 850 square feet for two units.
And again, this board heard that's the same appeal many years ago.
What the board didn't, the previous version of the board didn't hear is there's a now
overlay regarding roof deck access structures.
That was allowed many years ago.
And it's, you know, the shell of everything has been completed, including the roof deck
you know the shell of everything has been completed including the roof deck
access structure.
access structure again i don't need to tell you that the brewery town shardswood and strawberry
mansion communities have asked for this overlay and they don't take it lightly when someone asked
for it and we don't typically propose to have roof deck access structures in these neighborhoods as
new projects but under circumstances like this we you know we begged for forgiveness here or
permission um and you know they they did grant it so that speaks volumes about like you know the
fact that this is an extraordinary situation um it's already been framed out um and this community
um in spite of their overlay overwhelmingly supported you know the roof deck access
structure as well and that's in in the letter uh that's in front of the board and then i don't have
letter from council member young but i assume similar you know support or non-opposition
i did provide the sony permit uh you know that was uh issued in october of 2020
as well as the uh notice of refusal which again you see is exactly the same thing in two family
structure and the only difference is we don't have anything with the roof deck access structure
it's not to be sure you you heard me say that we have a letter yeah that's what i'm saying oh no i
i i don't have in my presentation materials no i heard that you said it i just don't know what he
wrote in there um but the roof and then you can see it's not out of character to have nearby roof
deck access structures and you know this is our property and then we took a inventory of the
neighborhood as a whole again you know they're very protective for the fact that they don't want
any new ones and i would say this is not a new one this was something that was pre-approved
pre-overlay and then again we're an rm1 property not out of character to have multi-family nearby
the only reason why we're here is within the overlay which requires a little bit more lot
square footage and again this has already been framed out and then photographs of the property
for the front of the property on north 19th street to the left i mean to you know on west thompson
street there's a door for each unit proof of posting north 19th street to the right of their
property to the left of the property west thompson street to the right of their property to left of
the property excuse me our plans and drawings uh you know our elevations um you know our proposed
building structure is only 28 feet 9 inches not very large or tall um there's two ways to get in
here's the thompson street side that goes directly into unit number one you have uh you know again
living room kitchen bedroom lower level um there is further living space in here and another bedroom
i you know i know the board's position on this again this has already been built um for the
most part, the shell, and has been approved by the ZBA previously. Unit number two is on the
upper level, so you go through the front door that's on facing North 19th Street, and then this
is the second floor with an open floor plan, living room, bathroom, and then you have three
bedrooms on the third floor, and then there's the roof deck and the roof deck access structure.
we met with the community and again brewery town shortsworth community is a a very sophisticated
neighborhood and they're they are very strong in their beliefs so the fact that we got
overwhelming support speaks volumes about the merits of this zony appeal we met with them on
may 21st we emailed the notice a few weeks before the the community meeting showing proof of mailing
to 97 addresses, proof of, these are the addresses we sent it to, proof of mailing to those
addresses, our application for appeal that we filed on behalf of NVEST 365 LLC, the notice