Well, it's some old stuff.
My wife put it some china
from the bathroom,
from dining room, something like that.
So for storage.
Yes, exactly, yes.
so so i'm trying to understand some bikes from the kids something like that so i'm trying to
understand and maybe hillary um is that so we're just focused on the shed itself not the story
edition yes so just everything by right right they're just combined into the same application
okay so legalizing it mike so we're legalizing the the the ground that's too large the shed
that's too large but the the ultimate proposal is that they're going to demolish that and build
a two-story so the shed just stayed so what's the second thing it was so they applied for the
second story it would have been by right but because the shed wasn't legal they were told
to put them on the same application
and legalize everything.
So the only thing we're considered is the shed.
Is the shed. Is the size of the shed.
Okay. That's the only refusal.
Other questions?
Do we know
what's in the shed?
He just testified to that.
Old toys, China,
things that are laying around the house.
Do we have any pictures
of the inside of the shed?
We don't have pictures of the inside of the shed.
Does the shed take up
the remaining portion of the yard? I see there's some play equipment in front, but does the shed
go all the way to take up the remaining portion of the yard, or is there still some rear yard left?
Other questions?
Questions or comments from our attorney?
Not at this time, Mr. Chair.
Not at this time, Mr. Chair.
Questions or comments?
Questions or comments from the virtual audience?
I see no hints at this time, Chair.
Planning Commission.
The comprehensive plan recommends no change to the current zoning
of RSD3 residential single family. The proposed
structure was built without the benefit of the permits and that there are no unique
physical conditions or circumstances of the property that would prevent it from being used
in conformance of the zoning code the planning commission recommends the board to deny their
requested variance for accessory structure size hillary we request a co that's proper right
yes i believe they will do a co for mi 2025 004 441 123 alberger i vote yes proviso
certificate to be obtained.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tynetta Graham, my vote is yes with proviso.
Tywin, my vote is yes with proviso.
Oh, I'm sorry, Ryan.
Ryan McAdams, my vote is yes for proviso.
Thank you.
Thank you.
Go one more.
Mr. Chair, the appellant in the Ryan Avenue case is on Zoom now, Mr. McDermott, so we can hear that matter.
We're good.
Yeah, I saw him be waving when I came in.
Number three, MI-2025-004-022-3201 Ryan Avenue, Neil Sklaroff, Leonard Reuter, and Peter McNarmid.
you know while we're waiting mr sklaroff could you state your name and spell for this
my name is neil sklaroff n-e-i-l-s-k-l-a-r-o-f-f i'm an attorney with dilworth paxton here in
philadelphia you swear or affirm to tell the truth the whole truth nothing the truth
yes i do mr chairman how would you how would you like to begin we are what there's other people
involved yes so i want to make sure i get them sworn in too all right you are so mr reuter could
you please state your name and spell for the stenographer sure thank you may please the board
leonard f reuter r-e-u-t-e-r senior attorney city of philadelphia right do you swear or affirm to
tell the truth the whole truth nothing but the truth i do and mr mcdermott yes good morning
i'm mr mcdermott could you please state your name and spell for the court stenographer
Yeah, my name is Peter McDermott, M-C-D-E-R-M-O-T-T.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
So the scope of this hearing is to look at the issues raised by Mr. Sklarov.
So, Neil, you will be talking about, I believe, timeliness and things of that nature.
And then we're going to go back to Mr. McDermott, and he'll have a chance to respond to that.
The only thing we're doing today is the timeliness, the issues that you've raised.
Right.
Mr. Chairman, it's an unusual proceeding, but I will go first.
Well, you said it's an unusual proceeding.
Well, let me go through, and we'll see.
But just concentrate on what you've raised, all right?
Thank you.
And I've distributed our exhibits to all the parties, as well as the board, and fortunately, staff is going to help me out with the exhibits.
I have the honor of representing the School District of Philadelphia this morning.
The school district is building an addition to the Abraham Lincoln High School at 3201 Ryan Avenue.
The modular addition will serve two purposes, at least two, to redistribute the number of already enrolled students to result in a better teacher-student ratio within the school, and two, to provide room for students newly enrolled as the region's student population grows.
We have all the necessary permits. The school is currently under construction, and the school district's emphasis on education is not under challenge here.
We are here today because an individual has allegedly filed an appeal against the Department of Licenses and Inspections, and from the issue...
against the Department of Licenses and Inspections, and from the issuance of our zoning permit.
Because the appeal was filed with the wrong agency, filed on the wrong papers and forms,
filed without the required information, filed late, and failed to follow the requirements,
this appeal is a nullity, and outside the ZBA's jurisdiction, it is void, and the ZBA should
dismiss this appeal. I am joined today by Teresa Fleming, Chief Operating Officer of the School
District of Philadelphia, as well as Oz Hill, Deputy Superintendent of the School District
to philadelphia we take this very seriously um i have two witnesses and i will call gerald bergen
are are your witnesses relative to the timely absolutely okay thank you um gerald bergen and
he will testify to the posting of the permanent property and david perry mr perry will identify
that the documents as shown and is taken from the L&I website are in fact accurately taken
from the various websites. Why don't you bring your first witness on?
If I may, in this day of AI, we thought it was important for this as a technical and perhaps
boring presentation. Our first exhibit is the permit, ZP2025002664. And as you know, there's
no original to a zoning permit, and any copy may be used for a lawful purpose. There are three pages
here i believe and after review ellen i issued this permit on april 7th 2025 once this permit
is in hand and perfected by posting and the protection of posting an owner sets off to
realize the project entering into contracts ordering materials aging and earth moving and
the like the zoning permit is the key to an economic and in this case educational engine
for the community. Exhibit two is a copy of the site plan that was approved. Next page, please.
Who's ever working the exhibits, and I thank you. The next page is the stamped site plan.
Going on to Exhibit 3. Exhibit 3 is Section 143036 of the Zoning Code, the Law of Zoning in Philadelphia.
I'm sorry, I'd like to get to that myself.
Subsection 6D.1 of the code provides that L&I approves an application if it determines
that the application complies with the code. Section C states that L&I reviews the permit
application pursuant to the zoning code's criteria. And subsection F1 requires a permit holder
to post copies of a zoning permit within five days at a property along each street frontage
and in a place and manner conspicuous to the public. I'd like to call on Gerald Bergen.
And what is, Neil, tell me what this testimony will be for, Mr.
His testimony, he posted the permits at the site.
But I think the issue is this hearing is about what the appellant did, right? So we understand
all that the question is is did he turn this in late that's the only thing we're looking at today
am i correct hillary yes i believe your your arguments were to timeliness and to to to form
and for and forum essentially so that i don't if there's an issue regarding the posting of the
property that would be for hearing on the merits if we get to that so i think today is what what
you're not on the merits of whether we needed a special exception or not we're on the merits
whether the the zoning board here has jurisdiction to hear this challenge to whether well you know
whether it was timely filed me no we're going to move on and i want your testimony to be
as to why mr mcdermott was late that's that's the only thing we're doing today and i understand
everything you're saying i understand the project and things like that this is just about whether
or not this was late and i understand if you if you think that the zoning board shouldn't hear that
And I understand if you if you think that the zoning board shouldn't hear that, we understand we'll take your testimony relative to that.
But we're going to move forward on what you can show about why it was late.
Very well, Mr. Chairman, I will try to make this short.
You don't have to make it short, but I'm just saying I want to be focused.
The zoning code says that if you wish to appeal L&I's issuance of a zoning permit, you must do it within 30 days of the date of issue.
Okay. The date of issuance was April 7th, meaning and it was posted properly within five days. You have the exhibits there. We have the photographs and I have the poster who posted it within five calendar days, but he had five business days.
So that perfected the permit. So any appeal needed to be filed on or before May 7.
All of the instructions that are included in our materials and all of the portions of the zoning code say you must apply on the application of appeal that's provided by the zoning board.
You must appeal to the zoning board.
You must have certain information within your application.
And if you do not comply, that appeal cannot be heard.
The zoning board does not have jurisdiction.
Let me go to the envelope that was presented by the appellant, which is at my exhibit 13, which is the envelope that purportedly, and we don't know how this was processed.
I was told that this was received June 6th or 9th. I think it was the 9th. That's a Monday. I was told that somebody from the review board walked over, I guess, to this building to present this envelope.
You'll notice that the envelope is addressed to the board's administration unit, but the instructions and anything that talks about whether you can mail something with regard to your appeal says it has to go to the Zoning Board of Adjustment, 1515 Art Street, 18th floor.
this was not. In addition, it was postmarked at best on May 7th, which means it did not reach
the Zoning Board office on May 7th. It reached sometime after that. If we look at the next
Exhibit 14, which is purportedly the first page of the application, you'll see that this is
a appeal to the board of license and inspection review the title of the of the application is
board of license and inspection review appeal application it didn't come to the zoning board
your rules and regulations i think it's 4.2 on page two says it has to be on your forms
the type of appeal that is noted and marked with an x is a building permit we're not here on a
building permit it talks about the violation of refusal saying that the violation occurred
on april 7th and that there was an appeal of a violation on may 7th that's not what we're here
four, the form requires a reasons for the appeal to be on your application for appeal. It's very
easy. The instructions say fill out the first half of the page and then go to the second page,
which it says reasons for appeal, and fill that out. These are the wrong forms. They were sent
to the wrong place. They were filed with the wrong agency. And I suggest to you it wasn't within 30
days because there was some handling and we don't need testimony as to what that was but i was told
it was given to uh this administration uh 60 days after we posted uh in june about a week and a half
that's our argument all right thank you very much uh leonard do you have a comment uh thank you uh
leonard reuter for the city uh the city's position is that there occasionally uh have been instances
where people have filed, say, an appeal,
typically an appeal from a notice of violation
to the Board of L&I Review
because the charter generally gives the Board of L&I Review
the authority to hear any appeals from persons
that are aggrieved from results of inspections.
inspections. So we do an inspection, there's a violation issued because you're doing something
So we do an inspection, there's a violation issued
because you're doing something you don't have.
you don't have a use for. Now if the person says, well, that's been, that activity's been
taking place for 30 years, essentially making a non-conforming use argument, we ask the
board to transfer that case to the zoning board because the zoning board has jurisdiction
over zoning arguments. When that happens, by the time it gets to the zoning board, it's
usually well past the deadline for the appeal, but those are instances where the city itself
is requested typically, often usually with the agreement of the appellant. Once we determine
that the underlying issue is a zoning issue, we have it sent over to the zoning board. This instance
that Mr. Sklaroff is describing is different. This is an instance where it is straightforwardly
an appeal from the issuance of a zoning permit that was filed with the wrong board uh i my
recollection i don't recall this instance coming up in my tenure uh where there's been a straightforward
appeal from a zoning permit taken to the board i'm not saying it's never happened yes uh so in
this instance uh the city's position is that we'll defer to the judgment of the zoning board on the
timeliness of the matter thank you very much um mr mcdermott yes so mr mcdermott um this hearing
today is solely on timing and i would request that your testimony be relative to timing so
could you please start your testimony this is not about the whole case in general it's just simply
timing so mr mcdermott yeah i submitted the appeal um i got an email on thursday june 12th
from Ms. Hillary Emerson, who is the board attorney. And in that email, she stated, and I
quote, it has been the longstanding practice of the ZBA and the BLIR to administratively transfer
appeals to one another that have been filed with the incorrect board. The receiving board accepts
the appeal as timely if it was accepted as timely by the transmitting board. In this case, the appeal
was not even accepted by BLIR, but immediately referred to the ZBA for acceptance and processing
because board's administration recognized upon receipt that it was filed with the wrong board.
The ZBA thereafter accepted the appeal. They accepted the appeal as timely based on the