little uh rollers yes yeah yeah okay but what is this about pizza
oh we make a piece of pressure it's like it's a piece of pressure now regular actually piece
of pizza but it's a piece of pressure and it's like already ah okay all right i understand now
okay thank you
and what i was gonna ask that what are you sure
what happened with the rco
there wasn't our favors but they never sent a letter okay yeah we sent we sent a letter yes
okay all right um it's in with the neighborhood document please please ma'am yes oh i'm sorry
it's with the neighborhood document right
do we see any of that letters to the neighbors that is to the neighbors yes okay
77 please excuse me this is lynn reidel huber board council the chairman was asking the response
of the rco not letters to the rco or about scheduling it about a response from the rc
you went to the rco what happened um there was there was everybody said it was the favor to that
yes there was approval but they never sent you a letter saying that they did they did send the
letter it's an undocumented the letter they had sent us okay you sent it to us yes
and what did it say that they were in favor of it yes yes okay
all right any other questions how long have you been operating as uh what i stand um i've been
operating for seven years now and this is year round or just seasonal seasonal seasonal okay yes
okay all right um questions from our attorney um i just i just have one question
questions from our attorney um i just i just have one question is there is your
business this business i know you said you had another business does this business have a
particular location in the building like unit one two a b anything like that is unit one man
the corner okay we should probably provide that then unit one
questions or comments from the virtual audience
yeah should i have a hand up from someone who's also under the name of one janae
i can go ahead and let them speak if you wish sure yeah
hello hi could you please state your name and spell for the stenographer
my name is carmelita shelton it's spelled c-a-r-m-e-n-l-e-t-t-a shelton s-h-e-l-t-o-n
you swear or affirm to tell the truth the whole truth nothing but the truth
i do are you a neighbor or relative or no i'm someone in the community that support the business
okay all right thank you very much we appreciate you taking time to call us and telling us that
Is there anyone else in the virtual audience?
No further hands, Mr. Chair.
Okay. Planning Commission.
Amy Boyd with the Planning Commission.
Comprehensive plan recommends no change in zoning to the current CMX1 commercial mixed use.
The appellant has demonstrated that the proposed use will not have detrimental impacts beyond what would reasonably be expected.
the planning commission recommends that the board grant the requested special exception
for prepared food job
mi2026000554907 wagner avenue i vote yes um unit one only
michael johns my vote is yes with proviso
Cheryl Gaston, my vote is yes, with Proviso.
Tynetta Graham, my vote is yes, with Proviso.
Layla Beebe, my vote is yes, with Proviso.
Thank you. Thank you. Thank you. Thank you so much. Thank you. Thank you, sir.
And please feel free to come by.
Oh, yeah.
okay thank you oh good
all right so we're going to go back to mi 2025 005 736 43 15 ron street uh daniel loza is the attorney
appeal
council
zp two zero two five zero zero six five seven six all right council just if you would do me a favor
state your name and spell for the stenographer daniel losa d-a-n-i-e-l losa l-o-z and zebra a
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes counsel could you identify your client in relationship to the property
client is teresa legareta and she's the owner okay our um vice chair has a few questions for you
good afternoon have you submitted your documents and exhibits five days in advance of this hearing
yes ma'am okay and do you waive the reading of the refusal and stipulate to its accuracy
yes ma'am okay all right thank you you can share your screen and proceed with your case
Thank you.
So you're going to be here now.
It should be a bottom on the. Yeah.
Should be a bottom, but a green button that says.
Share share yeah, with the permissions seem to have changed on the file.
Share today.
Okay, open.
I'm assuming.
did you load your documents yourself uh yes okay
just between load uploading i'm uploading here is
i need to be challenging
going on so we are here and they go to my knees
to send me with it again ian do we have his documents yes sir we do why don't i want a
council what if you you can if you can't get it up we'll load it do it here i have it here
no no no you can't do it like that we're going to put it on the screen okay thank you thank you ian
yes sir and let's counsel while we're waiting could you tell us what you're trying to do
okay so what we're trying to accomplish here uh the client has a property a twin and she has a
side yard that has a part of concrete and on the property there is also um an egress and egress
and what she wants to get she wants to have a variance to park her car on the side of her
property like when you want to show you they are you will see the you see the driveway here on the
side who who owns that property my client that the driveway but i mean is it a shared driveway
no no no that's a that's her driveway that's that that's your client's driveway that's my
client's driver but she'd never have a parking there when when the city of phila when she did
the the a from the city of philadelphia told her that she needed to have a permit to part of the
car that's what we apply for the permit you show you're trying to get a permit that you can park
the car like that next to their house too yes sir so we did with the street we call the street
approval for streets improve this yes and this is not a shared driveway this is just no no sir
that's that's her own property and you can see here on the survey the the the width of the property
30 feet 16 inches the property itself is 18 feet two inches therefore she got like 13 feet of
concrete driveway here in between her i'm sorry nine between the the one side and the end of the
property um i i just want to jump in here the plan that you're showing shows a concrete driveway
or if we're facing the house on a concrete driveway on the right of the building
yes on the right of the house and you only have two foot you only have okay and you only have
two foot one inches on the left hand side of the house to the edge of the
property that's what this that's what this survey says yes so are you so
there's not enough room for parking I don't understand
i don't understand the parking on the side not on the two feet on this side so not on so
okay facing the this is this is if i'm facing the property is this on the left of this property or
the right side of the problem what you're looking now is on the right
would you look in right now you are facing this park right
the two feet are on the left okay so the picture that you're showing is of the left if i'm facing
the property i'm looking at it on google right there's a there's a there's an air conditioning
out of the side of the building no no that's the other no and i'm that's not our property that's
neighbors so what's the what side are you putting the parking lot the parking space one so you see
the where the right right where the right where the white fence is
uh let's see the white fence no let me you go down on my give me one second
give me one second i have a picture i have a google picture here
so you see in the jeep on the google picture right
the white fence is you see a jeep i see the white fence yes i see the white fence yeah that's a
neighbor's property we are we are the gray house not the yellow house you are the gray house you
see the gray okay so your house is your house is not the light color house your house is the the
house on the other side on google you're gonna see there is the car of my assistant there the
red card in my assistant car when he went there and and i was doing the measurements that's his
car so this so in this okay so okay okay gotcha okay so what you are seeing was okay so you have
17 feet close to 17 feet okay all right good yeah all right you got plenty the only problem
the city they said that she needed a permit a variance to have a part one car they are and
that's what we do all right all right any other questions from the board because i think we have
people in the audience are going to testify um questions from our attorney um i have well maybe
a couple questions first there's two cars parked in the pictures yes only asking for one parking
spot yes okay you mean i'm not actually enforcing stuff but you can only have one car there you can
have two cars if that if it was granted by the board okay i'm sorry they were the chinese two
parking spots i'm sorry my bad for her and her husband no come on up no that is not what was
requested there was requested one parking space okay that's fine one parking space well council
i have i have neighbors who are coming up to testify okay sir thank you i can write
pull your pull as close as you can
sir could you please state your name and spell for the stenographer my name is brian pedroza
b-r-i-a-n last name is pedroza p-e-d-r-o-s-a you swear or affirm to tell the truth the whole
truth and nothing but the truth yes sir are you a neighbor yes and you live right next door yes okay
why don't you uh start your testimony tell us what's going on okay and your and your your
your viewpoint all right so i mean and i'll be sharing exhibits for them chair yeah okay
so we start with exhibits yeah okay so this is right here why don't you get closer to the
microphone because we got a court reporter pull that it'll pull it it'll come right there oh okay
there you go there you go yeah perfect all right so this first exhibit is um work that we need
actually done on the side where they're trying to put their driveway um they are trying to block us
our entrance that we have to access our side of the house which is basically the photos that they
were showing you well not that photo that will be on the left side of that if you go to that picture
right there where her blue car is that over there that's their property that's the property where
trying to get the driveway but in 2022 we had a surveyor come they told us we had approximately
two feet on that side we having difficulty get access on our side to work on our house
to maintain it they locked the gates they got no trespassing signs and all we want to do is
maintain our house we have about five windows on that side that we need to maintain we have
we have electrical outlets and wiring that we also need a fix that goes to our backyard to
electrical outlets and wiring that we also need a fix that goes to our back
our deck she's giving us trouble accessing that we have people come to fix it she doesn't allow
it to happen now if they put a driveway there that's definitely going to stop us from trying
to maintain a house safely like there you see that's an electric outlet right under it it's
the siding's kind of breaking we replaced our driveway side a back and part of the side
in the back of the siding we have to get that also replaced that way it doesn't leak inside
but we have in trouble i mean we try to resolve it with them we try to be cordial all we all we do
is when we ask to do work it's always a denial yes so for there won't be no more confrontations
they asked for this so we just here just to not be able for them to put a driveway to block us
to safely access our stuff and in dumb pictures right there if the plans are correct if we have
two feet on that side that's their property that's on our on our lines that's a house that
they have there that's up against our deck almost which will be on our property line which they told
them last time they had it removed. And there's also more pictures. Let me see. That's basically
they had a fence. If you see that pole right there, they had a fence that was blocking
it that they were using that before to block for people to go in. They told them they had
to bring that down. If you look at the black fence, when they did the concrete, you could
see that it's moved over because it's like bent in and all we have all we want to do
is is be able to access our property can you that one turn can we turn it
i'm sorry is your house the one with the mine's the one with the air conditioner right at the
window yes and then this is the car that's that's their car that's their car
yes there it is now if you see i've posted a picture i put a picture up there
they have it always blocked like okay that if more back of you was to come they have a gate there if
we was to need access there an emergency or god forbid a fire jump out of our one of those windows
we can't everything's blocked there he goes the gate right there
uh i'm sorry and i'm sorry is there is there a curb cut they did a curb cut there i don't know
if they ever got approved we never bothered with it only thing we try to do before because it's
been going on for years it's just try to access to fix our stuff that's it okay it's it's customary
for people to park on this in this in their size gardens your side yards on your block though is
correct not all the houses are like that it's my house is your you park on your side yeah driveway
if i'm not mistaken i try to get they just gave me this now but before the surveyor that did the
survey in 2022 we tried to get that information in order to bring it here but they told us that
was a different type of survey we had to do in order for them to give us copies but if i'm not
mistaken i think it was only like nine feet that they had and we it was like almost approximately
two feet of ours from the beginning to the end so we don't know exactly where they put the points
because we're not allowed to go back there that we are not they don't allow us to it's always an
issue now where you park on your side i have a driveway on my side which i am able to have it
because i have almost 11 feet if you look at that fence actually we didn't know when they came to do
the survey i actually got about almost a foot more into the other property and we didn't know that
because there was a fence there prior before we purchased the house that's your house here
that's my house my garage all right i'm confused a little bit so you had you gotten the survey done
and the survey said that two feet of their driveway is really you're approximately i have
two feet on there and they're for their parking now okay then you said it's another survey that
you didn't get the results of the survey oh they did one yeah recently we didn't get no information
of that okay so so wait a minute you have questions for this witness
counsel no no i don't have any questions at this point i don't have any questions
okay um thank you very much i i think we understand the situation thank you
this situation thank you is there anyone else in the virtual audience
Is there anyone else in the virtual audience?
chair i do not see any further hands all right planning commission
amy boy with the planning commission the comprehensive plan recommends no change in
zoning at this location from the current rsa3 residential single family there is no evidence
that the conversion of the required side yard to parking was done with the benefit of permits the
appellant has not demonstrated that there are unique physical conditions or circumstances
of the property that would prevent it from being used in conformance with the zoning code nor that
the proposal would not injure the use of adjoining properties the planning commission recommends that
the board deny the variance for parking in the required side yard mi 2025 0 0 5 7 3 6 43 15