civus
Hearing video

ZBA Hearing - October 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20205h 0m

meeting to not oppose with the proviso that all trash from the property be stored indoors and

Similar wording

removed by a commercial trash hauler and it's my understanding that the applicant agrees with that

Similar wording

proviso so i would respectfully request that that proviso be included in the license thank you very

Similar wording

much. Mr. Peruta, was there a revised plan? Yes, there was a revised plan that was

Similar wording

submitted. And how many pages? For the sake of agreement, we certainly are going to

Similar wording

store the trash. I'm sorry, you're breaking up. I'm having a hard time hearing you.

Similar wording

try that again

Similar wording

sharon maybe you can help us is there a revised plan

Similar wording

yes there is i um i just saw the revised plans form on the screen and that those changes are

Similar wording

acceptable i don't know how many pages and mr peruto a revised plan how many pages

Similar wording

can you hear me now yes yes okay we have a designated trash room inside and because i am

Similar wording

the neighbor of this property we will make sure that the trash is taken out immediately before

Similar wording

its collection and then we understand that my question was it's a revised plan how many pages

Similar wording

one page one page okay good enough all right questions from the board no no no and i'll

Similar wording

No.

Similar wording

And I'll ask anyone else wish to testify in this case.

Similar wording

ask anyone else wish to testify in this case if so please raise your

Similar wording

If so, please raise your hand.

Similar wording

No hand.

Similar wording

Thank you.

Similar wording

Planning Commission.

Similar wording

Chairman and members of the board, this property is indicated for residential use on the comprehensive plan.

Similar wording

The applicant is proposing six units where only three would be allowed by code.

Similar wording

We feel this represents an overuse of the property.

Similar wording

And accordingly, we recommend the requested variance for six units not be granted.

Similar wording

can everyone hear me yes because i've lost my screen okay thank you uh mi-2020-000293

Similar wording

340 south 21st street my vote is yes with the following proviso revised plan one page

Similar wording

approved today commercial trash pickup all trash will be stored inside until pickup day

Similar wording

yes or proviso yes with proviso yes with proviso

Similar wording

good luck next one up thank you mi 2020-000950 4027 creston street

Similar wording

No hands up for this.

Similar wording

Michael Lambert, his hands is up.

Similar wording

Michael, you've been promoted to panelists.

Similar wording

You can unmute yourself and wait to be sworn in.

Similar wording

michael you swear a friend or tell the truth the whole truth for nothing but the truth

Similar wording

yes sir do you agree to wave the reading of the refusal and stipulate to its accuracy

Similar wording

absolutely sir also have you emailed an exhibit packet with the required documents

Similar wording

proof of ownership proof of tax compliance copy of the refusal or referral photos and plans

Similar wording

five days prior to this hearing absolutely sir and have you met with the rco and have a letter

Similar wording

Absolutely, sir. And that's included in the packet.

Similar wording

Thank you. Please identify yourself for the record.

Similar wording

Yes, sir. Good morning, Chairman DeChico and members of the board.

Similar wording

My name is Michael Lambert. I represent 4037 Creston Street.

Similar wording

And my client is here with me, Harim Brown.

Similar wording

Thank you, sir.

Similar wording

We are sharing the screen, but while that is going on, to avoid any kind of complications,

Similar wording

sir, Mr. Chairman, briefly, my client owns the property at 4027 Creston Street.

Similar wording

Essentially, we're asking the panel to allow him to, he currently resides on the second floor.

Similar wording

And it's a two-story house.

Similar wording

The second floor is the apartment.

Similar wording

And the first floor, he'd like to put a grocery store and prepare hot and cold foods to serve to the public.

Similar wording

There are quite a few other mixed-use properties in that community.

Similar wording

He has received a letter of no objection from the community RCO.

Similar wording

It's my understanding from reviewing the history, and I could be wrong, but in 1952, this property was previously approved for a candy store on the first floor and a family donor on the second floor.

Similar wording

Now, we have submitted, and I'm hoping that you're able to see as we scroll down if we're sharing the screen properly, the tax clearance and the letter from the RCO, photographs, as well as the deeds.

Similar wording

And I just wanted to make my presentation as quickly and succinct as possible.

Similar wording

Is there any questions?

Similar wording

Are there any questions or is there anything else the panel would like for me to go over

Similar wording

at this particular moment?

Similar wording

Do you have any floor plans, photographs?

Similar wording

Yes, sir.

Similar wording

The floor plans, we're going to scroll down to that.

Similar wording

I'm assuming that.

Similar wording

Go ahead.

Similar wording

Yeah, the floor plans.

Similar wording

Let me slowly.

Similar wording

Are you able to see the floor plans as we go through, sir?

Similar wording

And ladies and gentlemen of the panel?

Similar wording

Yes, if you can make them a little bit larger, that would be helpful.

Similar wording

um unfortunately we we're doing it now is that large enough

Similar wording

we can make it even larger yeah a little bit larger

Similar wording

because i'm having a hard time identifying what those rooms are

Similar wording

second floor

Similar wording

okay so so the second floor there are actually two bedrooms but actually

Similar wording

in all actuality, one of the rooms

Similar wording

he's using as a living room.

Similar wording

So if you could see

Similar wording

in the front to the left

Similar wording

would be

Similar wording

the living room.

Similar wording

The stairs are in the middle.

Similar wording

In the back is

Similar wording

a bedroom. And in that middle

Similar wording

room would be the kitchen and everything

Similar wording

else that's in that center area.

Similar wording

Actually, I apologize. The kitchen and living room

Similar wording

is in the front room.

Similar wording

And the back room on the second floor is the bedroom.

Similar wording

Are you able to see that, Mr. Chairperson, on the panel, board?

Similar wording

Yes, it's a little foggy, but yes.

Similar wording

I apologize, sir.

Similar wording

So that will be the second floor.

Similar wording

The first floor is...

Similar wording

The first floor will essentially be a grocery store and food service preparation.

Similar wording

As you'll see, there's a stove in the second room, there are stairs leading to the basement,

Similar wording

there's a bathroom in the back.

Similar wording

and essentially at the end of the day he'll be selling groceries and making like cold

Similar wording

sandwiches um if he can get the approval it'll be hot sandwiches also um but that is basically

Similar wording

the first floor um due to the covid situation we don't know how long that's going to last so

Similar wording

More than likely, most of his orders will be probably delivered, or there'll be a limited amount of people that are able to enter the facility based on the rules of the city.

Similar wording

Will there be a ventilating system, a hood installed?

Similar wording

Yeah.

Similar wording

It will be installed without a doubt, sir.

Similar wording

um i don't he'll be in order for him to serve the hot food as a as a panel knows um l and i

Similar wording

will have to go through and approve the hood and do everything that's necessary but you're proposing

Similar wording

a hood uh yes sir because uh at this particular moment he doesn't want to spend the money

Similar wording

um on the hood on without until or unless the board has approved it but once if the board has

Similar wording

approving and we're in that position, he will immediately get with L&I, file the proper

Similar wording

requirements and get that process going so that he can put up the hood and be able to

Similar wording

serve the hot foods.

Similar wording

But until the board is...

Similar wording

My apologies, say it again.

Similar wording

Will the hood go to the roof or outside?

Similar wording

Will the hood go to the roof or be outside?

Similar wording

It'll be on the roof, sir.

Similar wording

It will be on the roof.

Similar wording

Thank you.

Similar wording

Yes, sir.

Similar wording

He's very mindful of his neighbors, so he's been there for quite some time.

Similar wording

He's definitely put it on the roof.

Similar wording

Thank you.

Similar wording

Mr. Lambert, do you want to ask your client if he adopts your testimony?

Similar wording

Absolutely, sir.

Similar wording

Mr. Brown?

Similar wording

You've heard everything that I've said.

Similar wording

far today um have you heard everything i've testified to yes sir do you adopt everything i've

Similar wording

Have you heard everything I've testified to?

Similar wording

Yes, sir.

Similar wording

Do you adopt everything I've said in this testimony?

Similar wording

Yes, sir.

Similar wording

Could anyone hear me?

Similar wording

Can anyone hear me?

Similar wording

Yes.

Similar wording

All right.

Similar wording

I've somehow lost the screen again.

Similar wording

Mr. Brown, would you please spell your first name for the record?

Similar wording

Yes, I'm Hiram Brown, H-I-R-A-M, Brown, B-R-O-W-N.

Similar wording

And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

yes sir thank you uh any other questions from the board no no

Similar wording

uh anyone else who would like to testify in this case if so please raise your hand

Similar wording

no hands at this time thank you planning commission

Similar wording

Chairman and members of the board, this property is indicated for residential use on the

Similar wording

comprehensive plan. We, because of the prior commercial use, have no objection to the granting

Similar wording

of the variance. And by the way, this is Paula Brumbler-Burn. I don't know if I lost you. I'm

Similar wording

sorry, Paula, would you repeat that? We have no objection based on the fact that it was a prior

Similar wording

commercial frontage. Thank you. MI-2020-000950-4207 Creston Street. My vote is yes with the Proviso

Similar wording

roof-mounted exhaust system. Yes with Proviso. Yes with Proviso. Yes with Proviso. All right, good luck.

Similar wording

I'm sorry, Chair, if I could make a correction, it's 4027 Creston. I'm sorry, I misread that.

Similar wording

4027 Creston

Similar wording

MI-2020-000950

Similar wording

my vote is yes

Similar wording

with the proviso roof mounted

Similar wording

exhaust system

Similar wording

yes with proviso

Similar wording

yes with proviso

Similar wording

thank you so much

Similar wording

thank you so much and have a great day everyone

Similar wording

thank you

Similar wording

next one up is MI-2020-0006269

Similar wording

43 29 East Thompson Street. This is Sharon Saleta. I have no record of having received exhibits for

Similar wording

this case. Thank you. Is there anyone out there regarding 43 29 East Thompson Street?

Similar wording

Okay

Similar wording

Anyone

Similar wording

I have

Similar wording

I have

Similar wording

Henry Clinton

Similar wording

Let's see

Similar wording

Hi Mr. Chairman

Similar wording

is that mr clinton no uh mr chico my name is carol uh i represent

Similar wording

mr clinton represents the applicant um the applicant is the buyer under an agreement of

Similar wording

sale under that agreement i represent can we just have the attorney first

Similar wording

Mr. Clinton here. Yes I'm promoting him now. Oh just be patient Mr. Carroll will be with you.

Similar wording

Good afternoon Mr. Chairman members of the board Henry Clinton for the applicant

Similar wording

and we did send our package in on Friday morning at 11. I apologize I do have it it went to the

Similar wording

alternative email address

Similar wording

not to the one that I usually receive

Similar wording

exhibit packets in but I do

Similar wording

have it now

Similar wording

so Confessor

Similar wording

you'll get Mr. Clinton

Similar wording

Mr. Clinton you swear on the firm to tell

Similar wording

the truth the whole truth for nothing but the truth

Similar wording

I do

Similar wording

do you agree to waive the reading of its refusal and stipulate

Similar wording

to its accuracy I do

Similar wording

also have you emailed an exhibit

Similar wording

packet with the required document

Similar wording

proof of ownership proof of tax

Similar wording

comes on copy of uh the refusal of referral photos and plans five days prior to this hearing

Similar wording

i have mr confession also have you met with the rco and have a letter yes i do thank you please

Similar wording

proceed ms sunken can i share my screen yes mr clinton um can i also add that we received a

Similar wording

letter of non-opposition from i'm sorry i apologize it's the wrong case i am not

Similar wording

getting things straight today again i'm sorry i think it's a problem everybody's got issues today

Similar wording

I think everybody's got issues today. Can you see my screen Mr. Chairman? Yes. This is our

Similar wording

presentation binder which includes exhibits AA through A11 and with me behind me is my client

Similar wording

Mr. Vantruska, Don Vantruska and he's a representative of the applicant. My appearance

Similar wording

statement. The agreement of sale indicating that Mr.

Similar wording

Vantruska's group is the equitable owner of this property.

Similar wording

Here's our zoning notice we sent to everyone in Bridesburg

Similar wording

in the surrounding 250 feet of the property, advising

Similar wording