I've got to excuse myself for 30 seconds.
Somebody's at my door.
Okay, Frank, take your time.
Excuse me, Frank, it is only the RCO letter that needs to be read, not the second letter.
Sharon, he stepped away for a minute.
Sorry.
Are we ready to go, Tanya?
Yes, Frank, we're ready when you are.
Thank you again.
Good morning, everyone.
My name is Frank DiCicco.
I'm the chair of the Zoning Board of Adjustment.
I'll be participating in today's hearing along with our board secretary,
Secretary, Mr. Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James
Snell. Board Administrator Yvette Benton and our board attorney, Ms. Sharon Saletta, are
also in attendance. For those of you who haven't yet participated in one of our virtual hearings,
I'll go through some of the basics of what you can expect. First, we will be administering
oaths to individual participants prior to their testimony. Second, we'd like to advise
everyone that this proceeding is being recorded and that by participating you acknowledge your
agreement to be recorded and that the recording will be available to the public on the web or
otherwise excuse me okay we can continue third for anyone participating by phone if you wish
to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself. I'll
repeat that. For anyone participating by phone, if you wish to testify, you must raise your hand
by hitting star 9 and then star 6 to unmute yourself. Finally, to enter an appearance
statement, call Google 267-270-5548 and leave your email address and the address of the property
at issue. I'll repeat that. To enter an appearance statement, call Google 267-270-5548 and leave your
email address and the address of the property at issue. I would also like to advise everyone,
please do not attempt to testify in the chat. Any comments should be directed to our board
Administrator Ms. Yvette Benton. With that, I will proceed to read into the record cases for 930 that have been requested to be continued.
We continue. Number two on our list, MI 2021-001108, 2500 Wilmot, WILMOT Street.
number six on our list mi 2020-002790 4515 east thompson street number seven mi 2020-001
2 2 2 5 9 0 9 elmwood avenue number nine on our list mi 2021-002-759-6324 newton avenue
i would ask if anyone has any disagreement with the continuance cases i just read into the record
to please raise your hand at this time only if you have a concern for the cases that have just
been read in to be continued. Chair we have Craig Melodosian with his hand up. Mr. Melodosian you
can unmute yourself and speak. Good morning Chairman DeChico. Please identify yourselves by
your full name and I'll swear you in. Craig Melodosian, C-R-A-I-G, M-E-L-I-D-O-S-I-A-N.
M-E-L-I-D-O-S-I-A-N.
I'm the coordinating RCO, Ward 40 Republican RCO, P.O. Box 333-55-ZIP-19142.
For him to tell the truth, the whole truth, nothing but the truth?
You're calling about Elmwood Avenue.
Yes, Chairman DiCicco.
This has been the second continuance on this matter.
Spoken with counsel.
we would again request a dismissal as there's been no community meeting and no effort on the
part of the applicant to comply this has been a problem property and we'll try to work with the
commerce hired commercial corridor manager to see how we can help the operator and the owner
thank you for your test excuse me this is Sharon in Mr. Bones letter on this he asked for a
continuance or dismissal because he has been unable to reach his client right i just okay
i'm gonna we'll vote on dismissing i just want to make sure there's anyone else on this case
having seen seen none mi 2020-001-222-5909 elmwood avenue my vote is to dismiss
Dismissed.
Dismissed.
Thank you, Mr. Melodosian.
Now, at this time, I want to entertain any requests for continuances or withdrawals for the 930 list.
Chair, we have Shoshana Bricklin.
Ms. Bricklin, you can unmute yourself and speak.
Good morning, Mr. Chairman.
Shoshana Brickling, do you need me to spell my name or anything?
First and last name, Shoshana.
S-H-O-S-H-A-N-A.
The last name is B-R-I-C-K-L-I-N.
This is a request for-
You swear a firm to tell the truth, the whole truth, nothing but the truth.
Thank you.
I am here representing the application for the property, 7037 Ogons Avenue, which is for the applicant.
It's a request for a continuance.
They had the applicant and the RCO had a meeting last week.
They still have issues to work out and would, therefore, the applicant would like to have a continuance to see if this can be resolved.
Excuse me.
This is Sharon.
this is number 12 on your list first listing no exhibits right is there anyone any objection to
this case being continued if so please raise your hand i'm sorry chair i was going to just make sure
that this is the attorney of record for the case yes i think i did i did i did register as such
you also have another case you hear one i believe the number correct
All right. Without any objection, MI 2021-001-115. 7037 Ogons Avenue is continued.
Any other requests for continuances or withdrawals?
For the 930 list, please raise your hand.
I see no other hands at this time, Chair.
Thank you. That will begin with our case list. I believe Mr. Mulvihill has an appointment, another case to be heard in City Hall or wherever. I'm sorry. So we're going to go to number five first, case number MI 2021-001193, 3509 Clearfield Street.
We can recognize Mr. Mulvihill. There's also a letter of support from the RCO.
Chair, he's coming back in as a panelist now.
Thank you.
good morning chairman members of the board leo mulvihill m-u-l-v-i-h-i-l-l address 315 green
street first floor philadelphia pennsylvania 19123 thank you swear for him to tell the truth the
whole truth nothing about the truth i do thank you sir please proceed thank you good afternoon
sir mulvihill yes you agree to wait the reading of its refusal and stipulate to its accuracy i do
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
yes i have thank you have you met with the rco and have a letter yes please proceed all right
so good morning members of the board again leo moldahill on behalf of tracy bricale
3509 west clearfield street what we're here for today members of the board is
3509 West Clearfield Street. What we're here for today, members of the board, is the application
for an addition to an existing structure. Right now, what we currently have is a two-family
dwelling on this parcel with a garage. What we'd like to do is add an addition above the garage
and renovate the garage so that we have an additional two dwelling units. It's going to be
for use as a studio, essentially, by my client, and her mother is going to live in the property
as well what i'm showing on on the page right now for the entire board to see is the
zoning packet that i prepared in this matter the refusal appeal and project information
form on page one area zoning map is at page eight deed is at nine tax clearance at 13 our zoning
notification is at 14 our rco letter of support it's at 18 photos of the property are at 19 and
plans are 53. We received refusals for having some non-conforming structures which are already
existing, multiple principal buildings which are already existing, roof deck setback, we'll show
you about that in a second, but this is actually completely contained within the parcel, and
multi-family household living in the RSA 5 lot. What I'm showing now on page 8 is the actual
parcel at issue we can kind of see it's a little oddly shaped towards the bottom at clearfield
street there is a gate there's a driveway where there's interior car parking garage is located
up to the left here the existing two family two-story dwelling is located off to the right
and we can see that in the bottom photo here page eight ridge avenue runs directly to the
west. And this is our parcel with the driveway curb cut right here. You can see the cars that
are parked off the street. So parking ought not be an issue for this case. This is my client's deed.
This is my client's tax compliance information showing there's no outstanding balance due.
Here is our notice of community meeting that was sent.
along with our proof and the actual rah civic association flyer that was included within
here's our proof of mailing showing that we sent out 85 pieces of mail and they were sent out on
march 26 page 18 of my packet letter dated june 24 we had vote 28 in favor to against for this
proposal i'm just going to show you now some photos of the property this was taken from google maps
but I do have actual photos that I took myself.
This is the property itself.
You can see it's set back from the street.
This is the driveway I was discussing.
Off to the right is the existing two-story,
two-family dwelling.
Off to the left is the one-story garage
for which we seek to build that addition.
These are the zoning signs that were posted on the property.
And this is again, looking into the interior of the parcel,
the existing two-family dwelling.
You can see the meters there for it,
the additional meter for the garage.
This is looking out into the street, and then this is looking westbound on Clearfield,
north back into the property, then rotating eastbound on Clearfield.
So we have a parking lot directly across the street, which is attendant to an existing structure.
These are interior photos of the property with the existing two-family dwelling.
Just cycling through those members of the board.
This is the interior of the garage as it currently exists, which we're seeking to renovate and
build that addition on top.
And here are our plans.
So members of the board, this is the existing two-story dwelling.
This is the existing one-car garage that we seek to add that addition to with the deck
the front of it to allow for some exterior space for the upstairs unit.
Here's the site plan showing we were able to fit three cars off the lot,
which we're seeking to have legalized as well.
This is the existing two-family dwelling. This is the existing one-story garage.
And now moving to the final page of my packet, page 54.
This is just the interior layout as designed by the architect.
What we have here, if we go to the unit one of the existing structure, which is off to the right,
if you are to come in through that main gate area that I showed earlier, you'd come in with an
existing living dining room. You have utilities and laundry, existing bathroom, existing kitchen,
existing bedroom with a nice size walk-in closet. To the front of the building, you'd come upstairs
to get into unit number two. And this is all already existing as well. Two bedrooms, one bath,
existing kitchen area, existing laundry area. This is the proposed redevelopment that we're
redevelopment that we're looking to do for that garage. So this is the existing driveway. We're
looking to do for that garage. So this is the existing driveway.
proposing to have this be an open hallway area with the sitting area, a laundry area. This
kitchenette downstairs is for use by my client's mother, who's a little bit older. So we're going
to have this on ground floor. We have a handicapped accessible bathroom. So this is all going to be
easily accessible. And this flex space back here is going to be for use by my client so that she's
able to not just do work in this building but also make sure that she can take care of her mother as
well going up the stairs we're into that second unit above we have a front balcony that we're
proposing which we did receive that refusal for but we're set back so far from the street it's
not going to interfere with anyone's light air enjoyment of their properties large bedroom closet
bathroom laundry kitchen and dining area to the rear as i stated before members of the board these
are existing structures we're seeking to add in addition to. It does have four units overall,
but due to the size, the lot, the location, and the community support, we would humbly ask that
this board grant my client's request for variances in this matter to be allowed to have this
essential unsuite, in-law suite or mother suite, frankly, for purposes of this zoning hearing.
Tracey, are you on the line today? If you are, please raise your hand.
And you'll be unmuted.
Your client has been unmuted, Mr. Mulvihill.
She can speak.
Great.
Tracy, please state your name.
Tracy, state your name, spell your last name for the record, and give your address, please.
Tracy Bercali, B-R-A-C-A-L-E, 3509 West Clearfield Street, Philadelphia, PA, 19132.
Ma'am, do you swear for them to tell the truth, the whole truth, nothing but the truth?
Thank you, Mr. Mulvihill.
Yes. Now, Tracy, you currently live at the property?
Correct.
Okay. And which unit do you live in?
I live in the first floor, one bedroom.
Okay. So that would be this unit that I indicated would be in the existing structure off to the bottom right?
Correct.
Now, with respect to my discussion as what you're looking to do in the garage that you have right now, did I accurately describe it?
Absolutely. Perfect.
Is there anything you'd like to add at this time?
uh no i just um everything looks good and uh the in-law suite like he said uh my mom is almost 75
and she will be moving in with me uh once it's completed all right thank you members of the
board uh tracy i have no other questions for you any questions sorry any questions from the board
any questions no no no no would anyone else like to testify in this case if so please raise your
hand i see no other hands chair thank you planning commission good morning members of the board
david effecto f-e-c-t-e-a-u with the city planning commission
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Thank you.
Thank you, sir.
Mr. Chairman, members of the board, the comprehensive plan recommends no change in the single family zoning for this property.
This is a 4,281 square foot lot in a unique shape.
While the shallow lot width and odd configuration might have presented a hardship for new construction,
the applicant appears to be deriving value from this lot with their existing buildings.
We recommend that the board deny the requested variances.
Thank you. MI 2021-001193, 3509 Clearfield Street. My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you, members of the board. Have a good morning.
You too. The board members, I forgot. We've got to go back to the add-ons. I left those out. I apologize.
So let's do the add-ons. Number one on our list of add-ons.
calendar number 38805 and 38806 and 38807 as it relates to 2204, 2206, and 2208 North
Franklin Street. My vote is yes with the proviso. There's a revised plan, one page for each of the
three that I just read into the record. My vote is yes with proviso. Yes with proviso. Yes with
proviso. Thank you. MI 2020-002204-104 Pollard, P-O-L-L-A-R-D Street. My vote is yes.
my vote is yes my vote is yes my vote is yes
mi 2020 that's zero zero three one seven four four seven oh one king sessing avenue my vote is no
four seven oh one king sessing avenue my vote is no no my vote is no vote is now
and just to clarify that is no to reconsider consideration correct uh i'm going to skip
yeah if you guys don't mind just go back over and just say uh reconsider no to reconsideration
no to reconsideration no to reconsideration no to reconsideration i'm going to skip over and go
to number six mi 2021 that's 000 460 441 brown street my vote is yes to reconsideration and
rehearing yes to reconsideration and rehearing yes to reconsideration and rehearing yes to
reconsideration and rehearing I'm going to hold off a number five till I have a conversation with
the board after the 930 hearings so now go to our regular list number one MI 2021-001105
2225 Spring Garden Street there's a letter of support from the Spring Garden Civic Association
Mr. Vaccaro, are you available?
Mr. Vaccaro, can you please raise your hand?
He's been promoted to panelist, Chair.
Thank you.
Mr. Vaccaro, please identify yourself for the record.
Spell your full name and I'll square you in.
Good morning. My name is attorney Joseph Maccaro, J-O-S-E-P-H-V-A-C-C-A-R-O, attorney for the applicant. My address is 5918 Torresdale Avenue, Philadelphia, 19135.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you. Mr. Plaza?
sorry about that uh do you agree to wait the reading of its refusal and stipulate to attack
heresy yes i do 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 yes i did and have you met with the rco and have a letter yes sir thank you please proceed
thank you uh may please the board this is an application for a for an led backed light and
sign to an uh to an anticipated hotel mr vicara pardon the interruption if you could share some
of your exhibits that would be helpful uh how do i do that
yeah could you do that
share screen share screen yeah
you have all the documents yeah uh the documents have been uploaded Mr uh Mr DeChico are
I can share the screen and I'll pull it up on share.
Or event, can someone help Mr. Vicarra?
Oh, there you go.
Thank you.
I'm sorry, members of the board, we're just working off of a different computer right now.
Thank you.
Thank you.
not the whole way now. Let's go to the previous email too. Okay, well we'll start with, we'll start with the photographs.
this is a this is an application for a sign to a to a hotel called the badge hotel uh this is the
picture of the of the sign um indicating placing the community on notice of today's zoning hearing
we lost that we lost that okay there you go scroll down
sorry you might have to unshare and then reshare once the document is open
is that it you got it oh
we have the uh photo of the front of the property with the posting correct
Okay, then the previous set that.
Nope, you lost it again.
Open all the documents first and then share the screen.
you have to choose the document when you do share screen and you have to choose the screen or the
image of what you want to share why don't we make it separate why don't i wind up my computer
since I have it all
all ready.
Go back to that last email.
It says show all attachments.
Up here.
So you want to share all those.
I think we can go one at a time.
We can go one at a time.
if you're having some difficulty we can go to the next case and come back to you
okay if you would that would be much appreciated let's go okay we'll go to the next case and come
back to you, Mr. Vicarra. So let's go to case number three. Thank you, Mr. Chico. Thank you.
MI 2021-001167, 318 Bud Street. Rachel Pritzker.
Ms. Pritzker is coming back in as a panelist now, Chair.
Good morning. Good morning. Please identify yourself and I'll swear you in.
Yep, 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.
Where are we from to tell the truth, the whole truth, nothing but the truth?
Thank you.
Hey, Rachel, you agree to wait for the reading of its refusal and stipulate to its accuracy?
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?
And have you met with the RCO and have a letter?
Thank you. Please proceed.
Thank you.
Turn the screen.
Okay, this is 318 Bud Street.
this project is for the erection of an addition and roof deck to an existing attached structure
for use as eight family dwelling units and eight parking spaces accessory off-street parking spaces
including one ADA parking space and four class 1A accessory parking spaces for bikes. The refusals
we generated were based on the fact that this is an RSA 5 property. The first one is for
The first one is for multifamily on RSA 5.
multifamily on RSA5. Again, we're using an existing
Again, we're using an existing warehouse.
I'll show you photos in a minute and doing an addition and renovation.
Additionally, we're doing an 18-foot dry vial instead of a 24-foot dry vial, which generated a refusal.
And again, accessory off-street parking access by a front street is not permitted in RSA 5 either.
So that was our other refusal.
um as i'll show you um this is just a little bit of information about the property in general
uh it's almost a 6 000 square foot lot 5 624 square foot lot 300 block of bud street again
we're just looking to uh renovate an existing building do an addition uh that step back and
provide accessory offshoot parking provided a list of other multi-family on the same block
um and close by just to show that uh what we're providing is in character is in character with
other properties on the block um i'm gonna go to
this is the lot as the board can see it's a pretty large rsa5 lot compared to the other
properties again it's an existing structure um that takes up a significant amount of the existing
lot. There's aerial photos of it. Here are the zoning posters. There's also a curb cut and a
garage as well, so we're utilizing the existing curb cut to do parking. This is a better shot of
the front of the building. As you can see, it's a long-standing existing building. Again, going to
utilize the curb cut for parking. This is just part of the refusal that we obtained. We met with
the uh west palatin saunders park rco a number of times um they submitted a letter and supported
the project 22 to 1 and so i believe that there shouldn't be any opposition for this matter
here's proof of mailing um and i'm gonna have uh jason truttner from design blends just uh
provide the board with the plans and then happy to answer any questions again this is an adaptive
reuse. We're looking to do eight multifamily units and eight parking spaces in an existing
structure with an addition. And most of our refusals related to the fact that the property
is RSA 5, even though it's a longstanding warehouse. So I'm going to see if, is Jason
Trutner signed on so that he can share his screen? I see him here. Yep. Great. Mr. Trutner
has been promoted to panelists. Thank you.
Okay, I'm here.
Are you able to share your screen, Jason? Yes. Okay, I believe you'll need to be
sworn in.
Please spell your first and last name and I'll swear you in.
Yep, it's Jason Trutner, J-A-S-O-N-T-R-U-T-N-E-R.
you swear for him to tell the truth the whole truth nothing but the truth
i do thank you sir please proceed
so just looking at the plans for this uh property as rachel stated this uh the existing building
occupies almost the entire lot um with a small one-story portion in the back and the rest of it
being a two-story we're proposing a third-story addition set back 16 feet from the front of the
building so as to minimize any visual impact from the opposite side of the street
And within the breakdown of this, the ground floor will be utilized for parking, where we are showing eight parking spaces accessed through an existing curb cut and dry vile.
And then the rear one-story portion for utilities or amenities.
And then the other two floors containing a total of eight dwelling units.
um so just give a breakdown from the aerial of the property just just to get an understanding
of what that setback looks like um again 16 feet uh to keep uh minimal impact on the street
and the remaining portions of the facade um staying relative are mostly intact increasing
the the garage size slightly as there was a concern raised from the
RCO meetings about safe access in the existing more narrow garage door, so proposing to provide
a larger garage door. To walk through some of the plans, again, we're proposing residential access
right off of the street, parking and storage, and then the upper two floors are, again, just
four units each and the upper
uh in the addition the front two units do have a post small roof deck again still set back from
in the addition
the front two units do have a
small roof deck
the the front the the primary frontage thanks jason
do you have any questions board for uh jason no no no
rachel um i don't know if my client is on but in the interest of time um
And stipulate you being an officer of the court that your client would have adopted your testimony.
Thank you.
Any questions from the board?
Anyone else would like to testify in this case?
If so, please raise your hand.
Chair, we have someone by the name of Psalm Evans.
That's the owner.
That's my client.
He's been unmuted.
He can speak.
Good morning.
everyone can you hear me okay yes please spell your first first and last name uh s isn't sam a l m
is a mary evans e v a n s where for him to tell the truth the whole truth nothing about the truth
uh i do so have you heard my testimony today in front of the board i i just dialed in rachel i
was working and um just had an opportunity to to uh dial in so i didn't hear the content of
okay well we'll assume that based on the fact that i'm an officer of the court that you would
have adopted my testimony as your own yes uh again anyone else would like to testify in this
case if so please raise your hand there are no other hands chair thank you planning
Commission. Good morning, David Fecto, City Planning Commission, Mr. Chairman, members of
the board. The comprehensive plan recommends no change in the residential single-family zoning
for this property. The zoning for this neighborhood was changed in 2015 through a community-led zoning
process. This is a 5,000 square foot lot. Three single-family homes could be built by right.
There is no unique characteristic of this lot that would prevent it from being used in conformance
with the code we recommend that the board deny the requested variances i just want to yeah i just
want to rebut what the planning commission is saying it's an existing warehouse that's been
there for decades so we would have to demolish the entire structure instead of utilizing the
existing structure keeping in character with something that's been on the block long standing
to build three single family homes which have no parking as well which would add to some parking
congestion issues again this is um supported 22 to 1 by the community um so that i would ask the
grant the variance thank you mi 2021-001167318 budd street my vote is yes my vote is yes my vote is
yes my vote is yes there were no change in plans correct uh rachel uh we have plans but no they're
not, we don't have a proviso form. Okay, thank you. Before we go on to the next case, I received a
text from an email from Sharon. This should have been on the add-on list, MI 2020-001-841-3469
Crystal Street. Apparently, this appeal was dismissed in error at a previous session.
that vote is rescinded and this case will be continued with that we'll go to the is Mr.
Vaccaro ready yes we are thank you okay we're going to go back to MI 2021-001105
2225 Spring Garden Street Mr. Vaccaro thank you for the board's indulgence again this is an
application for a sign to the Madge Hotel located at 2225 Spring Garden Street. The sign would be
illuminated by LED lights from behind. The sign would be approximately 126 inches wide by
just over 36 inches high. The sign would be installed about 47.3 and a half inches high
from the ground. The sign would be facing south, away from the neighbors, towards Center City,
towards Spring Garden Street. It would be powered by a low-voltage power supply with a shut-off
toggle. There would be aluminum letters, black color, with a stud mount to the brick. There
would be approximately 14 3-8 inch by 6 inch stainless steel studs to affix the 3 1⁄2
inch wide sign to the wall of the building. Other than that, Aaron, can you scroll down?
Other than that, Aaron, can you scroll down? Well, actually, start at the first page.
the first
and start scrolling down slowly the first first page second page third page keep going
fourth keep going fifth sixth page and stop six uh the first six pages is our application
The seventh page is a rendition of the proposed sign, as I had described.
Keep going.
Page eight of our packet is another rendition of where the proposed sign would be in relation to the building looking down.
Go ahead.
We have our refusal on page nine.
Scroll down.
We have our letter of support.
We had met with the Community Association, Spring Garden Civic Association.
We have a two-page letter of support, which is pages 11 and 12, another rendition on page 13.
Mr. Chow had put up the sign indicating this meeting, this hearing.
It was put up on time.
Scroll down.
Slow down, keep scrolling.
Keep going.
We're just scrolling down our exhibit packet,
still showing the photos of the notice of today's hearing.
That's the building and the sign would be
on the upper left-hand corner.
Scroll down.
Keep going.
Another copy of the refusal.
We have our tax clearance certificate on page 19, showing the hotel match.
That would be the hotel operating at the site.
And then we have started on page 20, is the deed to the property.
Scroll down.
okay i think you can summarize unless there's something out there was and one and one final
uh the last two pages is the is the previous decision uh granted a zoning variance to this
property that that decision was entered in 2017 october 3rd of 2017 for the board's edification
other than that if the board has any questions thank you do you have your client on yes yes we
have we have a representative of the client Mr. Rowan Chow who's been who's been working on this
on a day-to-day basis okay we'll get him to on the record spell your full name Mr. Chow and
i swear you in uh yeah my name is aaron a-a-r-o-n-c-h-a-u chow is my last name
swear for him to tell the truth the whole truth nothing but the truth
yes thank you mr vaccaro mr chow have you heard my presentation to the board yes and have you
been assisting so kindly with the uh showing of the exhibits to the board yes you've heard my
testimony yes you would adopt it as your own as if you were providing that testimony yourself
correct. Any other questions? Thank you. Any questions from the board? No. No. Anyone else
would like to testify in this case? If so, please raise your hand.
Chair, we have a Justino Navarro. You can unmute yourself and speak.
Please identify yourself, spell your first and last name, and I'll swear you in.
good morning members of the board mr chairman justino navarro j-u-s-t-i-n-o-n-a-v-a-r-r-o and
representation of the springboard and civic association zoning committee we're firm to tell
the truth the whole truth nothing but the truth i do thank you please proceed thank you mr chair
members of the board we have met on a number of occasions over the course of several years with
this applicant and we fully support the initial application and this precise application for the
application of a sign as currently presented. It's a great addition to the Spring Garden
community, the Boutique Hotel is. It's also a very classy addition, the sign that's being
proposed, totally compatible with the Spring Garden Historic District. So we would encourage
you, there was no opposition to the variance in hand and in question today.
to the variance in the variance in hand and in question today uh full support and we would
encourage the board to approve the application as presented by attorney vaccaro thank you mr
navarro anyone else would like to testify in this case please raise your hand
i see no other hands chair thank you planning commission good morning mr chairman members of
board david effecto city planning commission the comprehensive plan recommends no change
in the residential multi-family zoning for this property spring garden street is not a highway so
a sign as large as the one proposed is not necessary for a driver to identify the building
we recommend that the board deny the requested variance we also want to note that the art
commission will review this application once the zoning board issues its ruling
thank thank you uh mi 2021 dash zero zero one one zero five two two two five spring garden street
my vote is yes my vote is yes my vote is yes my vote is yes thank you uh number four
mi 2021 that's zero zero one one one two three four two two collins street
it's the first listing i don't know if we have the
mr v okay is there anyone here for 3422 collins street
i see no hands chair thank you there were no exhibits this is the first listing
calendar number mi 2021-001-112 3422 collins street is continued
Number eight, MI2020-002811, 590 Rector Street, R-E-C-T-O-R.
This is a third listing.
It was a must be heard.
Is there anyone here for 590 Rector Street?
i see no hands at this time chair thank you mi 2020-002-811-590 rector street my vote is to
dismiss dismiss you okay we go to number 10 mi 2020-002-751-638 north broad street
There's a letter of support from the 14th Ward Democrat Executive Committee.
I see no hands raised at this time, Chair.
Shanna was on earlier. This is her case.
Let's go to number 11. Maybe she's having technical difficulties.
So we'll go to number 11, MI 2021-001-116-714, South Randolph Street.
Roger Perry is the attorney.
There's a letter of opposition from the Queen Village Neighbor Association and also a letter of opposition from Councilman Mark Squilla.
I am promoted to panelists now, Chair.
Thank you, Mr. Perry. Please identify yourself and I'll swear you in.
Yeah, good morning, Mr. Chairman. Roger Perry. I'm representing the owners in this property of 7114 South Randolph Street.
Perry is P-E-R-R-Y. Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, Mr. Plaza.
Yes, do you agree to wait the reading of its refusal and stipulate to its accuracy?
Yes, I do.
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?
Yes, I have.
Have you met with the RCO and have a letter?
Yes, we have.
Thank you. Please proceed.
I got to get the package.
Okay. I don't know if I can. I didn't see the share screen, but here's my package.
I don't see my video, but I'll assume that you can hear me.
We can see you, but we don't see any exhibits yet.
Uh-oh.
Let me try this again.
There's your screen.
share screen. Okay. Okay. Can you see him now? No, not yet.
sir did you um click uh after you
let's see share screen and then you choose the um okay there you go yeah it just didn't register
they should be up now yes okay thank you okay again uh this is 714 south randolph street this
is a request uh by the owners to essentially legalize a duplex this property is on a small
street randolph street various residential properties and a number of garages it's a
three-story property consisting of two units. The request is to legalize two bi-level units in the
three-story property. The refusal is, of course, because this is an RSA 5. The exhibit list is
attached, and I'll scroll through and get down to the important exhibits,
the deed of ownership for the owners whom I represent.
the property was posted twice once for the rco meeting and then once pursuant to the
board's notice for the hearing the property is the posted property on the left you can see it's
a brick facade with two stories it's been traditional the property was actually set up
is two families by the owner's father, Mr. Hecht, in 1968. So it goes back to that, and what I've
done is show you the photographs for the existing meters. There's three electric meters, two gas
meters, and two mailboxes, 714. This is the street of South Randolph Street. You can see that there's
a number of two- and three-story homes. There's no parking, so there isn't any issue in terms of
interfering with parking in terms of the use and a number of garages on both sides of the property
garages on the end of the street and garages on the opposite side of the street here
plans are attached this is to request as I indicated existing by-level units in a three-story
property they're two bedrooms with the second floor shared between the unit on the first floor
and the unit on the third floor, separate entrances. Notices were sent out to members
of the public, a copy of the certification of mailing. As Chairman DeChico indicated,
we met with Queen Village Neighbors Association and they did oppose our application. The problem
was that this the problem at the meeting was that this property has been a duplex without legal
zoning since 1968 and they felt that it was inappropriate for them to essentially rubber
stamp the use even though it was you know pre-existing their policy is to oppose where the
property has not been legally zoned in the past. And that was the nature of the refusal is that
this is a legal single family home. I'm sorry, legal RSA and five, but not legal for two families.
Therefore, we appealed it. We indicated on our appeal that there's no parking issue,
that this property has been used for 50 years with no interference with the public's health
safety or welfare. We feel that it would be appropriate to maintain this property without
having to demolish it from two families to a single family and that it would not act as a
problem under the code for the existing uses in the block. This is the tax clearance certificate
get showing no taxes are due. I don't see any, I don't think anything else. My client should be,
one of my clients should be here or either the hex online.
Neil or Stuart, do you hear me?
Well, I don't know.
I see no hands share. Mr. Perry, we'll stipulate you being an officer of court.
As an officer of the court, we'd indicate that if one of the hacks were called to testify.
As an officer of the court, we'd indicate that if one of the hacks were called to testify, they would adopt my testimony.
Any questions from the board?
Anyone else would like to testify in this case?
If so, please raise your hand.
Chair, would you like to hear from his client?
His hand is up now.
Yes, please.
mr hecht you can unmute yourself and speak now identify yourself spell your full name and i'll
swear you in stewart hecht s-t-u-a-r-t h-e-c-h-t from the tell truth all truth nothing about the
truth i do stewart did you hear any of my testimony in terms of describing the premises
Yes, sir.
Was it substantially correct to the extent that you can adapt it as your own testimony?
Yes, sir.
Thank you.
Mr. Heck, how long have you owned this property?
Our family's owned it since, I believe, 1968.
And how long have you, I mean, it was in your father's name?
Yes, sir.
My father and mother.
When did it become your property? Let's see, November?
That would be after my mother passed away. That would be in the year 2000.
I'm not sure when it was actually transferred, but my mother passed away in the year 2000.
Yeah, I can indicate to the board that the deed indicates 2013, it was put into the children's names.
Okay. All right. Any questions from the board?
No. No. Anyone else to testify in this case? Please raise your hand.
I see no hands, Chair. Thank you, Planning Commission.
Good morning, David Fecto, City Planning Commission. Mr. Chairman, members of the board,
the comprehensive plan recommends no change in the residential single-family zoning for this
property this building was converted to two dwelling units without the benefit of permits
we recommend that the board deny the requested variance thank you my 2021-001116714 south
randolph street my vote is no my vote is no my vote is no my vote is no thank you is uh
Ms. Bricklin available. Thank you. Is Ms. Bricklin available?
Yes, she is, Chair.
Okay, we'll go back to number 10.
Thank you. We'll go back to number 10, MI2020-002-751-683 North Broad Street.
Hello? Yes.
you're on please okay i'm i'm looking at a i'm looking at a hello hello hello you're still
under oath from earlier so just identify yourself with the record please so shana brickland s-h-o
s-h-a-n-a b-r-i-c-k-l-i-n i am the attorney for 683 for the uh applicant okay mr plaza is going
to ask you some questions confess yes hello confessor we lost confessor so i'll ask sorry
about that oh okay you're back yes do you agree to wait the reading of its refusal and stipulate
to its accuracy uh yes and have you emailed an exhibit packet with the required documents
proof of ownership, proof of tax compliance, copy of the refusal over for photos and plans
five days prior to this hearing? Yes, I have. And have you met with the RCO and have a letter?
Yes, we do. Please proceed. And I would like to ask permission for Patrick Jones
to be able to share the screen and so we can exhibit show these, this packet.
Thank you. Please proceed.
Is that a hand up?
Hello?
Once we identify...
I'm loaded to panelists now.
Jones?
I need to unmute yourself.
i'm here johns please identify yourself first and last name spell your name please
I'm here.
Mr. Jones, please identify yourself, first and last name, spell your name.
good morning chair members of the board my name is patrick jones first name patrick p-a-t-r-i-c-k
last name jones j-o-n-e-s you swear and affirm to tell the truth the whole truth nothing but the
truth yes sir thank you miss brickland thank you and we also do have uh miss sheila taylor the
owner of the business here this um patrick could you begin to show the exhibits please
this will start with the uh the deed further this is a request to for from the business owner
of located with who will locate a business in 683 north broad street a an upscale uh hair salon
I have before you the deed of the property. Please keep going. And the project has been refused because it's in contravention of the consisting council overlay district that limits the number of and type of businesses there. That's the refusal letter.
Keep going.
there's the project information page um we're just going to keep scrolling through these
and here is the notice to the rca uh to the rco uh meeting um they met um
last year they let sometime earlier this year um keep going
that's the certificate of mailing sideways
and this is the letter of support from the RCO who is in support of this because this will
be in conformance with the current business district and will enhance the
um the the the it will enhance the area and um they want to do that they they are accepting this
on a one term uh on a one uh just a one-time basis anything else we have here we have and
these are the plans the building is currently vacant it is a renovation there's no x there's no
structural changes to this. It's all interior. That's the location. We do have pictures. I
don't believe the pictures were submitted in the packet. With your permission, we would like to
have those pictures um entered into the record the photographs
hello yes i should so noted and so note and this is the interior at will be a beauty salon
upscale um but there's nothing there at the moment um and with that i would ask for um
Keep going. Are we done with these exhibits? I have the owner, Ms. Sheila Taylor. Is she
available, I believe, for any questions and to affirm that this is an accurate presentation?
Is she here? Ms. Taylor, can you raise your hand, please?
Ms. Taylor, you can unmute yourself and speak now.
Ms. Taylor, please identify yourself with a record first and last name.
Yes. Hi, my name is Sheila Taylor.
S-H-E-I-L-A-T-A-Y-L-O-R.
You swear to affirm to tell the truth, the whole truth, nothing but the truth?
Thank you. Ms. Bricklin.
And, Ms. Taylor, you've heard my presentation about the project at 683 North Broad Street.
And have I accurately represented the basis of your request today?
I would ask.
Thank you.
We also have the owner of the property, if you need to speak, hear from her to ascertain that...
This was Ms. Taylor was the owner of the business. We have the owner of the actual property. Her name is May Tang, and I think she's on the, she's available.
We can hold on that for a moment. Any questions from the board?
Any questions from the board?
It is Ms. Monroe out there.
Is Ms. Monroe out there? Anyone else wants to testify? Please raise your hand.
Anyone else wants to testify?
Please raise your hand.
Ms. Monroe, you can unmute yourself and speak now.
Please identify yourself and I'll swear you in.
Yes, please.
Diane Monroe, chair of the 14th World RCO.
Your last name, please. M-O-N-R-O-E. And do you swear for him to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Thank you. Please proceed.
Okay, we did have a meeting, and the type of business that the young lady would like to put there, the residents do not feel as though it would interfere with the overlay restrictions.
And so we didn't receive any negative comments about this type of business coming to Broad Street.
And we do encourage the board to please grant this variance for them, but this will only be on a one-time basis.
We understand totally about the overlay, the restrictions of this overlay, and we think that this type of business will encourage other young people to be able to become entrepreneurs, and Board Street is our ideal location.
thank you um just looking any is there anyone from council president clark's office
no okay thank you uh planning commission good morning david fecto city planning commission
mr chairman members of the board the comprehensive plan recommends no change in the commercial
mixed-use zoning for this property. This is an existing building with use permits dating back
to at least 2019. Despite the zoning overlay prohibiting personal services, a hair salon is
compatible with the commercial activity on this commercial corridor. We recommend that the board
approve the requested variance. Thank you. MI 2020-002-751-683 North Broad Street. My vote is
yes. My vote
is yes. My vote is yes.
My vote is yes.
2021-001
Haverford Avenue.
Notation indicates
there was no letter from the RCO, but
we'll find that out momentarily.
anyone here for seven by the name of daniel mechlowitz
morning sir please identify yourself for the record spell your first and last name and i'll
swear you in
is he the attorney of record i don't know if i should promote him or not i don't know either
It says I have a loan law associate. So it's the firm.
They may be an attorney with the firm. I allowed him to speak. Can you please?
Good morning. My name is Daniel McCleavage. I'm here on behalf of applicant Kimball Cooper Enterprises.
Sir, please spell your first and last name.
Sure. My first name is Daniel. D.A.N.I.E.L.
Last name is McCleavage. M.U.K.L.E.W.I.C.Z.
and my attorney you swear from to tell the truth the whole truth nothing but the truth
yes and then finish what you were saying sir i'm sorry i was going to give the uh the board my
attorney id uh necessary it's three two zero three two two thank you okay sir if we could pause a
moment um miss i'm bitten it's going to promote you to a panelist so you can share your screen
very good thank you he's been promoted to panelists
and then confessor will ask you a few questions the secretary sir uh you agree to waive the
reading of its refusal and stipulate to attack your seat you repeat that sir we
sir do you agree to waive the reading of its refusal and stipulate to attack your seat
Sir, do you agree to waive the reading of its refusal and stipulate to its accuracy?
Give him one minute. He's coming in now. Okay. Okay. Can you hear me? Okay.
Do you agree to waive the reading of its refusal and stipulate to its accuracy?
Yes, I do. And have you emailed an exhibit packet with the required documents,
proof of ownership, proof of tax compliance,
a copy of the refusal or referral folders and plans five days prior to this hearing?
Yes, we have.
Have you met with the RCO and have a letter?
Yes, sir, we do.
I do believe, I can share my screen to show our approval from the RCO.
However, I believe that may not have been in our packet.
Would the board stipulate to include that in the record?
I do not believe the, we were, the Overbrook Park Civic Association did, did approve, or does recommend the board approve our zoning exception.
uh however i don't believe that that was in our uh that may not have been in our packet so that's
correct would uh would it be possible to stipulate to include that in the record i can share my screen
to show the approval letter okay yes excuse me this is sharon if you could after the hearing
please email me a copy so we'll have it for the record absolutely can i get your email please
Yes, you sent exhibits to me.
It's S-U-L-E-T-A-Z-B-A at gmail.com.
Okay, I'll check with my staff.
I believe it may have been one of our staff that sent it.
Okay, thank you.
Thank you.
All right, just allow me a moment to share my screen.
Can the board see my screen?
Not yet.
We see you, but not the screen.
Not yet, Daniel. Did you click on a screen share at the bottom?
Green button. Just one moment, please.
Okay, it's coming up. Okay. All right. So, board, we're here today on my client's Kimball Cooper
Enterprises application to operate a special event space in a property located at 7573
Haverford Avenue. My clients have a background in catering, and it's owned and operated by
a husband and wife, Kevin and Latoya Cooper. Mr. Cooper is a chef, and he has a background
and catering. So many of the events will be operated by my client's catering company.
The property, as you can see, it's within a shopping center and it's surrounded by several
other businesses, including daycare center, dry cleaner, sandwich shop, and a place of worship.
We believe my client's proposed use is compatible with the neighborhood.
There's 70 available parking spaces. So we don't believe that the operation of this business
will be a burden on the community at large. As you can see, it's also near City Avenue and
Haverford Avenue, so it's accessible by septic bus routes. There are no proposed external
modifications to the structure. And with that, I'll go through some of our exhibits.
I apologize, it seems like, okay.
This is a copy of the appeal my clients submitted.
Here is the notice of referral from Department of Licenses and Inspections.
Here's the project information form, which is included in our packet.
This is a copy of a lease agreement between Kimball Cooper Enterprises and the owner of
the property, Yale Realty Corporation.
And this is an addendum to that lease.
This is a certificate of tax clearance showing that no taxes are owed.
This is a certificate of tax clearance show.
This is a letter that we sent to members of the community notifying them of the RCO meeting,
which took place on Monday, March 22nd.
And my clients, actually, we had a follow-up RCO meeting just to accommodate the community because I understand there were some members that were not able to attend.
So we held two meetings with the Overbrook Civic Park Association.
Overbrook Park, rather the Overbrook Park Civic Association.
This is the proof of certificate of mailing.
And this is a RCO meeting summary form which we received from Overbrook Park Civic Association.
As you can see, the RCO voted to support my client's proposed use, 12 to 6.
This is a letter dated March 23, 2021, approving my client's proposed use of the property.
um and just a a few points and my clients can uh are present and they can speak to this um my
clients uh uh they uh you know at the uh rco meeting they wanted to assure the community that
you know safety is not you know safety will is a you know the utmost concern to them uh they will
have security on hand and also you know this this is the uh you know the type of operation they're
running, it would be more upscale events, such as birthdays, business meetings, etc.
And with that, I would like to ask if Mr. and Mrs. Cooper are present.
And if you are, if you could raise your hand so the board can let you in.
We have a Latoya Cooper.
Ms. Cooper, you can unmute yourself and speak now.
Good morning, Ms. Cooper.
please identify yourself with the record, spell your first and last name, and I'll swear you in.
Good morning. I'm Latoya Cooper, and I'm also here with my husband, Kevin Cooper.
Latoya, L-A-T-O-Y-A, Cooper, C-O-O-P-E-R. You swear or affirm to tell the truth,
the whole truth, nothing but the truth? Yes. Thank you, Ms. Cooper. Mr. McLevitt,
not Clevitt, I get it wrong, I'm sure. Yes, pretty good, McLevitt. Ms. Cooper,
Did you, Mr. Cooper, hear my testimony regarding your application?
Yes, we did.
Was my testimony true and correct to the best of your knowledge, such that you would adopt it as your own?
Ms. Cooper, do you have anything else you would like to add?
Excuse me.
Do you have anything else you would like to add to the board?
Yes, this is Kevin Cooper.
Kevin, do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Thank you.
Please proceed.
So basically with this location, it's not a kitchen in there.
So what we want to do is we want to kind of put our own kitchen in there.
The location, we will pretty much be hosting like events, wine tastings, special events,
like just smaller events to kind of bring something else to the community, as well as
we are starting a nonprofit for, for, for the young guys are running like just the youth
in general to pretty much teach them how to become successful in the culinary industry
like myself.
So that's basically what sums it up.
We will be having a catering events there for people who want to kind of utilize the
space for the events and they're utilizing my catering services.
But overall, it's just going to be like a social space for people to just come and just
eat food wine tastings and just have their own special events there uh providing i give them
my catering services thank you anyone else any questions i'm sorry any questions from the board
no no anyone else like to testify in this case if so please raise your hand
i see though he is chair you planning commission good morning david effecto city planning
Thank you, Planning Commission.
Good morning, David Fecto, City Planning Commission, Mr. Chairman, members of the Board.
The comprehensive plan recommends no change to the commercial mixed-use zoning for this property.
We believe that the applicant has shown that the proposal will have no more of an impact than an assembly and entertainment use normally would have in this location.
We recommend that the Board grant the requested special exception.
Thank you. MI 2021-001.
117-7573 Haverford Avenue.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you.
MI 2021-001122.
959 North Randolph Street.
There's a letter of opposition from Northern Liberties Neighbors Association and a letter of opposition also from Council President Darrell Clark.
Chair, Mr. Zin Jin has been promoted to panelists. He's coming back in now.
Good morning, Mr. Jin. When you get on, please identify yourself for the record, and I'll swear you in.
Yes. Zin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia EPA 19103, here on behalf of the applicant.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, Mr. Plaza.
Mr. Gene, you agree to waive the reading of its refusal and stipulate to attack her scene?
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 have.
Have you met with the RCO and have a letter?
Yes, we do.
Please proceed. Thank you.
Thank you.
I'm going to share with the board the information relating to this case.
I have before the board, the refusal, we have actually submitted to the board, the refusal, the opposition letter from the RCO, proof of nearby neighbors with garages, similar to what we are requesting, photos, plans, and related documentation required as of for the presentation.
The refusal are twofold in this case.
One, and the primary refusal before the board is the off-street parking proposed to be front access under a new construction situation.
The second is a minimum open area, which we have a 25% requirement, and my client comes in at 19.78%.
What I'm going to do is go first to the plans to explain about the refusal relating to the open space, which is for the most part due to a small deck being proposed on the second floor of the property in the rear.
The actual rear yard has a slightly slanted rear line, which took up a little bit of space, but because there's a proposed deck, the actual calculation of the open area was reduced, and therefore, my client's property came in short on open space.
we would submit that the deck itself really isn't completely changing the open space.
It just covers up a little bit of the light from directly looking down, which is how the open space is calculated.
For all intents and purposes, the actual rear yard depth, the open space above from the rear of the building would still be the same,
and therefore not taking away light and air from neighboring properties.
The main refusal, and this is the one that the RCO has objected to, is the proposal for a two-car front-loaded garage.
What I'm going to do first is go and show the board the statements from the RCO relating to that point.
The RTO argues that the proposal interrupts the continuity of the sidewalk and streetscape, that neighbors would like to have eyes on the street, and that they're opposed to the idea that my client would demolish a house and build a new house with parking.
So what we wanted to show is that this is hardly a unique design or proposal on this side of Randolph Street.
First thing to note is that Randolph Street only has parking on one side, and my client's property is on the side where no parking is permitted.
As a result, not just my client proposed, but previously multiple properties on this block of Randolph Street and also further up and down Randolph Street has obtained front-loaded garages.
has obtained front-loaded garages because, again, many of these properties do not have
the ability to park on their own side of the street in front of their property.
A garage, a front-loaded garage, only adds to the total amount of parking available.
It does not take away any parking. The idea that it would take away ice from the street could be
easily resolved with camera being mounted. Even a ring cam would be actually more of an eye on the
street than a window that is generally going to be shuttered in any way. We believe that,
and we did offer the idea of putting a camera, and my client would certainly be happy to do so,
to have cameras mounted on the first floor at the front door at the garage door to
make sure there are ice on the street. This particular property is a currently existing
brick facade property with a passageway that is part of an easement. The building itself
is only two buildings away from two of the garages. There are also additional garages
further down the block on the other side. The house itself is not in terrible shape,
but is also not in great shape. Based on the current market situation, it's my client's plan
to demolish this and build a larger new property because from an investment standpoint, it makes
more sense. The variance is for the parking. And the parking, again, from the perspective of my
client, the parking would only assist in the situation on the street. This is an overhead
view of Randolph Street. As you can see, again, parking is only on one side, and it's on the other
side of the street. Two-car parking garage here actually would take two cars off the street and
add none and take away none of the on-street parking. A new house, whether it's with or
without a garage, will necessarily bring more cars. So this proposal is meant to alleviate
that impact, not to add to the impact. From the design standpoint, the entryway of the first floor
is here. And then the garage will be next to it. It's a double depth in car length, which allows
two cars to pull in. There's an office space in the back. The living room and kitchen will be on
the second floor with the deck. And then the basement is a den and storage utilities and
basically an activity area. The upper floor is where the master bedroom and closet and bath
would be located. This is, again, a single-family house, not a multifamily proposal.
So we understand the position of the neighbors with regard to not wanting a garage on that side.
However, we believe that this is not inconsistent with what is already existing on the block, for one.
And two, it would only help with the situation with parking and not take away.
Again, here's a photo of another property on Randolph Street that's nearby with a front-loaded garage.
Many of these were actually granted by variants through the zoning board in the past years.
Again, here's another one that's granted.
We have submitted all these to the board for reference purposes.
But again, this is all on Randolph Street, 900 block, 1000 block of Randolph Street.
So based on the fact that there are no parking on that side of the street, and based on the
fact that this would not take away any parking from the neighbors, with the addition of cameras
and that allowing eyes on the street,
we believe that the application should be granted
by the board in this case.
The property, again,
if we want to talk about hardship for parking is,
again, this side of the street,
all these owners on this side of the street
are fighting for same parking spots
that the other side of the street properties have.
So again, having a garage can only help,
it would not hurt the situation.
From a consistency point of properties on the block, I do want to point out again, new construction already exists. So to say that a block would have less consistency because a new building is put up, that is simply not true as it is already no longer all of the same look on the block.
In fact, there's a house nearby that is completely different looking than my client's property itself, the one right next.
That is completely different looking than my client's property itself.
The one right next door looks different, has a front porch, and it's designed in a different look.
So I'm happy to answer any questions from the board or refer back to any exhibit the board will be interested in looking at.
Do you have your client to adopt your testimony?
I believe that Roy should be here.
Roy, if you're here, please raise your hand.
Mr. Shemesh, you can unmute yourself and speak now.
Thank you. Mr. Shemesh, please spell your first and last name, and I'll swear you in.
Roy, you need to unmute yourself.
Sorry. My name is Roy Shemesh, and my partner on this project, May Badush, is also on this meeting.
if you can please spell your first and last name roy it's r-o-i and last name shemesh s-h-e
m as in mary e-s-h you swear or from
you swear from to tell the truth the whole truth nothing but the truth yes i do
Thank you. Roy, have you, were you present during my presentation? Have you heard my testimony to the board?
Yes, I did.
Would you be willing to verify that they're true and correct and adopted as your own testimony?
Yes, it is.
Thank you.
okay questions from the board yes mr chairman uh counselor yes counselor yes in your new
building will the uh will there be a a carport or a garage with a door it's a garage
thank you thank you any other questions from the board no anyone else who would like to testify in
this case? If so, please raise your hand. Chair, we have a Larry Friedman. Mr. Friedman,
you can unmute yourself and speak. Good morning, Mr. Friedman. Please spell your full name for
the record and I'll swear you in. Thank you. Larry Friedman, can you hear me? Yes, I can.
Okay. L-A-R-R-Y-F-R-E-E-D-M-A-N, Northern Liberty Zoning Chair, 700 North 3rd Street.
Where or from to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
Thank you. Mr. Friedman, please proceed.
It is true that we have supported off-street parking where it wasn't allowed,
But we take a lot of time. And depending on the unique qualities of what is being proposed, we we really spent our time on that.
The other any other garages on the street that we did support were unique in the sense that there were lots.
This is a tear down. This is a bad precedent of tearing down a building.
That's fine. I'm sorry. What?
oh was that someone that wasn't for you i think someone on um mistakenly unmuted
right this is uh smack dab in the middle block it does break up the continuity of the street
we would like no more garages on the street which is basically what the uh the restriction
of parking is all about um this is a tear down which of course we understand it is allowed but
to support parking was a bad precedent of people just coming in and starting to tear down
houses just to get parking because the math works. All the neighbors at the meeting were
in opposition. It was unanimous. There's no hardship. We do have a letter, as you stated,
from President Clark. And I'm not sure if there's any other neighbors here. Today, I can't tell.
and it's hard to for them to come to these these hearings but that's basically our stance is we
don't want to see any more interruption in the continuity of the sidewalk and the street state
on the block. Thank you. Anyone else will testify in this case? If so please raise your hand.
I see no additional hands at this time, Chair.
Thank you. Planning Commission.
Thank you. Planning Commission.
I'm sorry.
I'm sorry.
I'm sorry.
I'm sorry. I just wanted to check.
Yvette, did he get me here?
Was he allowed to speak yet?
I do see one hand up.
Yvette, are you there?
Mr. Badoosh, you can unmute yourself and speak now.
I think he was one of the owners, if I'm not mistaken.
Yes, Mr. Badoosh is my client.
All right.
I'm just one of the owners.
sir hello hello it's fine Mr. Badush Mr. Badush yes please spell your full name yes Mayor Badush
M-E-I-R B-A-D U-S-H you swear a firm to tell the truth the whole truth nothing but the truth
I do thank you Mr. Jin yes thank you uh Mr. Badush can you um also uh let the board know
what prompted the decision to do a teardown on this property?
Was there anything specific about the interior
that triggered the decision rather than renovating
to simply tear it down?
So the house, the layout of the property inside,
it's very bad.
And the condition of the property inside
is a very dire condition to a point
that we will uh directly need to tear to tear down the whole house regardless uh maybe except
for the front wall but everything else will have to be teared down and we felt that if we already
tearing down the house um building a new house uh with a two-car garage but uh we actually taking
off two cars off the street and really not taking any parking spaces away because there's
no parking in that side of the street anyways and there are other garages right a few doors
down from us. So I do believe that it is in line with the rest of the block and we believe
that since it was granted, the variance was granted to others on the same block, we shouldn't
be any different. Thank you. Mr. Chairman, I want to point out that, again, Mr. Freeman mentioned
that the other ones were ground up from lots and ours is a teardown. I want to point out that it
really doesn't make a difference whether it was a lot or a teardown. They're all new construction.
So this one is no different than the houses two doors down that were new construction, both of which were also granted garages.
Again, partly because there's no parking on the side that these houses belong to.
So I do want to make that part of the record.
Thank you.
All right.
Again, any questions from the board?
Anyone else to testify in this case?
Please raise your hand.
chair we have a kathy perron
ms perron you can unmute yourself and speak now
ms perron or perron please identify yourself spell your first and last name
yes kathleen perron k-a-t-h-l-e-e-n last name perron p-e-r-r-o-n
tell the truth the whole truth nothing but the truth
i do uh yes i just wanted to go on the record as one of the neighbors to say we are still here
we are still opposed to this there may be other variances on the block where there is parking on
the front but they were either empty lots or old garages that were knocked down this is either a
city of neighborhoods neighbors and neighborhoods or it's not um just because it would take two cars
on the street doesn't mean that we want a garage um taking up a house and i'm i am just speaking
as a neighbor and a concerned citizen and i also find that the idea of a camera in front of a house
as opposed to people going in and out and being part of the neighborhood seems cynical to me
um that's my two cents thank you anyone else to testify in this case
there's no additional hands chair thank you planning commission good morning david fecto
city planning commission mr chairman members of the board the comprehensive plan recommends no
change in the single family residential zoning for this property this is an 1100 square foot lot
there is no unique circumstances that would that would prevent this property from being used in
there is no unique circumstances that would that would prevent this property from being used in
informants with the
conformance with the code we recommend that the board deny the requested variances thank you mi
2021-001122 959 north randolph street my vote is no my vote is no my vote is no my vote is no
i believe that concludes the 9 30 list thank you tanya do we have anything else yvette
Chair, we have nothing else, but if you could make the announcement, if anyone feels as though we haven't called the case, that would be appreciated.
I think Ms. Sunkit just spelled it out correctly.
Anyone believes that we haven't addressed any issues or called your case, please raise your hand.
I see no hands at this time, Chair.
With that, I will say, everyone, have a good afternoon, and we'll see you back here at 2 o'clock.
Thank you.
Thanks, Frank.
Thank you.
Thank you, and Tanya and or Yvette, let us know when you're ready to go.
We're ready now, Chair.
Thank you.
Good afternoon, everyone.
My name is Frank DiCiucco.
I'm the Chair of the Zoning Board of Adjustment.
I'll be participating in today's hearing along with our board secretary, Mr. Confessor Plaza, and board members, Mr. James, James Snell and Mr. Thomas Holloman.
Board Administrator, Ms. Yvette Brenton, and our board attorney, Ms. Rebecca Cole, are also in attendance.
For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.
First, we will be administering oaths to individual participants prior to their testimony.
Second, we'd like to advise everyone that this proceeding is being recorded, and that by participating, you acknowledge your agreement to be recorded, and that the recording will be made available to the public on the web or otherwise.
Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.
I'll repeat.
For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.
Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.
I repeat that as well.
To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.
and i'd like to remind everyone please do not attempt to testify in the chat any comments and
concerns should be directed to our board administrator miss benton for her review with that i will read
off um the add-ons for today the two o'clock hearing there are a number of lengthy letters
correspondence that I need to read into the record for MI 2020-001-0004204 Parkside Avenue
and MI 2021-000999-4206 Parkside Avenue.
and the purpose of this is only for uh the uh letters to be read into the record
with which the board will make its decision and vote
and am i missing anything tanya as of yet before i begin with the letters
or rebecca
go ahead okay thank you this letter is from the east parkside residents association
dear chairman de chico the coordinating rco has surveyed the community
and one rco leader supports the developers project one resident is not opposed and seven members and
RCO leaders opposed the idea of adding two more units
to each of the properties under review.
There are five issues troubling the residents.
The developer owned but did not maintain the property for five years.
The developer owned but did not maintain the property for five years.
This intentional blighting created an eyesore and a place for vagrants to gather.
In the last ZBA hearing, the developer said the community let the property fall into disarray.
He owned it, so that makes it his responsibility.
Germany. German Yakubov, Y-A-C-O-B-O-V, the developer sent an email threatening that he
would board up the property if he does not get an approval to put two more apartments in each
building. In other words, if he can't get two more apartments in his plans, excuse me, if he can't get
two more apartments, his plans will fail. The other developers that say they can't make a profit
easily with six apartments at this location they say that they can do it with lower rents too
he says he will let's let it stay that way until units unit rents increase to the point that makes
it viable his typical rent is 490 1495 now he then says it will take five more years
some of the members felt that that this was a threat to continue blighting our community
like he has done in the past and it refers us to see the attached email
we saw this last week in 46 excuse me again we saw this last week in 4306 part side avenue zba
hearing he said he needed 10 more apartments approved for a lot big enough for four so he
can afford to pay to move the color league mural color league mural councilwoman got the a said
in the hearing that the community should not be put in that position we should not have to trade
over overcrowding for a mural moving across the street number two trash his lawyer testified at
the last hearing that he will put a dumpster in the backyard and have a trash truck drive up the
large alley on a regular basis see pictures attached this is a five foot wide dead end alley
there is no exit the eight foot wide truck cannot get up the street if it rode on the curbs to get
into the alley, it would have to back out the alley onto incoming traffic. Number three, parking.
The street was recently repainted to accommodate bike lanes. This eliminated so many parking spaces
that the residents park a block away in the Fairmount Park now. This is dangerous because
or there are no sidewalks or lights in the park.
Number five, density.
The same developer owns,
this is a type of somewhere,
is building or was trying to build 54 apartments
in a three-block area.
No other developer even comes close.
He is single handling, handily doubling the population in just three years, in just three years, he is handily, handily developing, doubling the population in three years.
Number five, community opposition. The community voted seven to oppose and one non-oppose and one in support. I had to call and survey the community to get their votes because the developer abruptly left the meeting without turning the Zoom host controls back to me on the night of the community slash developer meeting.
I will list the attendees' contact info below for verification.
In summary, the community embraces development by community-conscious developers.
This developer gave the community turkeys and toys last year, while at the same time doubling the customary rents from $800 to $15.
per month and doubling the parking trash and congestion problems our historic row house
community is becoming a nightmare due to overcrowding over developing and it's it's
new last transit neighborhood transient neighborhood these are the names of the
people who oppose byron harris joyce smith
Byron Harris, Joyce Smith, Lucille Coleman, Ludell Coleman, Donna Peters, Sandra Carter, and Jihad Ali.
Those in support are Elaine Gomez.
The one in non-opposition is Paulette Fields.
Sincerely, Mr. Brian Harris.
The second letter comes from Centennial Parkside Community Development Corporation.
Again, regarding 42-06 Parkside Avenue.
Dear Chairman DiCicco, I'm providing you this letter on behalf of the Centennial Park CDC in relation to the request for a zoning variance at 4204-06 Parkside Avenue.
The Centennial Parkside CDC has a mission to preserve, promote, and revitalize East Parkside through partnerships with businesses and institutions and programs that engage the residents, create opportunity, and grow a diverse and thriving community.
In 2016, we worked very closely with then Councilwoman Blackwell to remap East Parkside from a zoning perspective to support the values of this historic community.
The current proposal by Lev Yakbubov includes 16 dwelling units and a roof deck, which exceeds the zoning for these lots and would have a detrimental mental impact on the public health, safety and welfare of East Parkside community by creating a harmful level of density and limiting light sight lines in a nationally registered historic district.
For this reason, the Centennial Park CDC opposes the proposal as is and requests that the property owner negotiate in good faith with the coordinating RCO, in parentheses, East Park Residents Association, to arrive at a building that supports the values of the community members and respects the historic value of the existing building stock.
Each building previously held six units, which is what the local RCO supports and matches the other buildings on the street.
Please feel free to reach out to me with any questions you have regarding this letter of opposition to the proposed project at 4204-06 Parkside Avenue.
Sincerely, Alexandra McFadden, President of the Central Parkside Community Development Corporation.
This letter is from Mr. Yakubov.
Hi, everyone.
Hope this email finds you well.
I'm writing to you regarding the historical twin at 4204-06 Parkside Avenue.
As you know, we placed an application in for a variance for an eight-unit building in each parcel, a total of 16 units.
That is the minimum we need to make this project work.
If the variance is denied or even approved at six units each, we will not proceed with the project.
We will board up the property and wait until the rents catch up to a point where it would make sense to rehab this property.
We are eager to rehab this property and bring it back into use, and we would be able to without a variance if it were zone RM1, as are many of the identical homes on the block.
However, at this time, the project does not make financial sense at the six units that it was last used as.
There is a ZBA hearing on the 30th regarding this property, and the ZBA is waiting a letter from the RCO to report their position.
I understand that no new votes has been scheduled, and the councilman sent in her letter to match what the Planning Commission suggested, which was six units.
So I waited to get an idea of the position of the RCOs going to take, the RCOs are going to take on this project.
Again, we will not be able to proceed with this project and anything less than eight units in each building.
The building sit there empty probably for at least the next, will probably sit there empty for the next three to five years.
Thank you, German.
German.
I haven't read that.
unless there's any unfinished business on that rebecca i'm turning to you is there any other
Unless there's any
unfinished business on that.
Rebecca, I'm turning to you.
Is there any other?
other business related to that parkside to the parkside avenue project to restate the
summary vote of the rco was one in support seven opposed and one non-opposition
so with that that we can now vote correct go for it see with the vote mi 2020-001
000 4204 parks parkside avenue and mi 2021-000999 4206 parkside avenue my vote is no on both
My vote is no to both.
No to both.
No to both.
Let me rephrase that.
According to the planning commission, it supports.
Let me revote that.
To vote at the two applications that have just been read into the record.
My vote is yes, with a maximum six units per building, six units and 4204 Parkside, maximum six units.
in 4206 party parkside i apologize my vote is no to both
so jim and tom you can either vote no straight out or vote yes with the proviso maximum six in each
my vote is yes with a maximum of six units each building
we lost James
Jim Snell
yeah Frank I'm sorry you must
maybe I didn't unmute
I'm sorry I thought I answered
my vote was no to vote
thank you
next case
on the add-on list
is MI2020-000
zero seven three zero three west highland my vote is yes with revised plan uh three pages
revised plan three pages approved today yes with proviso yes with proviso my vote is no
and I believe
there is still the one from this morning
Mr. Plaza you're going to handle that one
do you have the material on that if not we can
wait and do it at the end of this session
which one Frank the 1201 yes
Okay. Calendar number MI 2021-000994-1201 West Girard Avenue. This is a request for reconsideration. My vote is yes.
Yes to reconsideration.
My vote is no to reconsideration.
I think that completes the add ons. Now go to our regular list and I'll announce those cases that have requested to be continued on the two o'clock list.
Number seven, MI 2021-001420, 1715 North 42nd Street is continued.
Number nine, MI 2021-001421, 1717 North 42nd Street is continued.
Number 13, MI 2021-000558-5608 North 12th Street is continued.
If anyone disagrees with the cases I just read in to be continued, please raise your hand.
Only if you would disagree with the cases that have just been rented into the record to being continued, please raise your hand.
Chair, we have Alan Nockamson with his hand up.
Mr. Nockamson, you can unmute yourself and speak now.
Good afternoon, Mr. Chair.
Alan Nockamson of Nockamson, PC.
N-O-C-H-U-M-S-O-N.
Where for him to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Yes, we ask that items for the matters for 1715 and 1717 North 42nd street proceed. We do have letters of support from two of the RCOs, the request.
Yes, we ask that items for the matter.
We did file a secondary zoning permit application at the behest of the community groups in order to include porches to the front facades.
And that's why we're in this position right now.
That's the only change.
My understanding is there were some issues as it relates to notification and or documents being submitted.
No, we don't get. Could you.
So we can only go forward with the original refusals.
Anytime there's something new at it, it would have to be submitted to the board to be documented in the Eclipse system.
So right now, the only thing that could go forward would be the original refusal.
So we would ask that I acknowledge that it's very unique.
So my client's architect submitted new zoning permit applications after meeting with the community groups to add the porch.
So especially given the board's backlog of cases, I would ask that the board hear this matter, hold it under advisement.
Let's get something on the Eclipse system because there are notices of refusal that have been issued and that were part of our packet of materials.
So, again, these refusals are based, these new refusals are based on requests by the community groups who support our project.
To me, and correct me if I'm wrong, this is a matter more about, as it relates more to staffing than it does to this board at this time.
I'm not sure if that's accurate.
So, Tanya and or Rebecca, if you can weigh in, I'd appreciate it.
Yes, Chair. Unfortunately, we can only go forward with the refusals that were submitted to the zoning board. We cannot move forward with new refusals because they were not submitted to us with the application.
So in our agreement with License and Inspection Zoning Unit, we would not go forward with cases or refusals that were not submitted to us because it will not tie back to what L&I has in the system.
Therefore, we can discuss offline and come up with a plan for these cases.
So my understanding as to this is that under similar circumstances, this board has considered these such matters. And in terms of a proviso citing the application number, I know you have a lengthy list.
If we can just get an either present and hold under advisement and clean it up, because I think it's just dotting our I's and crossing our T's, I would really, we would really appreciate that.
Why don't you and Ms. Sunkett have an offline conversation?
So for the moment, we'll go forward with our list and see if you can resolve it offline.
Thank you, Mr. Chairman.
Okay. Any other? At this time, I will entertain any requests for continuances or withdrawals.
Chair, Sean Whalen has his hand up. Mr. Whalen, you can unmute yourself and speak.
Mr. Whalen, please identify yourselves by your full name and I'll square you in.
Yes. Hello. Sean, S-E-A-N, Whalen, W-H-A-L-E-N. And I do apologize. This is just a
quick clarification i swear or affirm to tell the truth which the board just voted and i just um
my computer was a little glitchy so i only
mr whalen please allow the chair to speak well and i was trying to swear you in
to tell the truth the whole truth nothing but the truth yes i do
you're asking for clarification uh yes i apologize my zoom connection was a little glitchy
and i heard the vote for 1201 west gerard reconsideration called and then i only heard
i think two votes but i might have heard a third and i know that there are four board members today
so i just wasn't sure what i was there will be three or not three three three board members
voting on this today and uh mr plaza if you can uh give mr will and the vote
say that again for 1201 1201
say that again for 1201 1201 how that vote go it was three votes you smell it was two yes and one
no okay uh thank you chairman and did you abstain if i did okay um so that constitutes a denial of
motion? You'll get a letter letting you know. Okay. Thank you. Anyone else requesting a
continuance or withdrawal? There are no hands at this time, Chair. Thank you. So we'll go to the
regular list rebecca i didn't leave anything out on your end did i
not so far as i'm tracking okay thank you again mi 2021-00142512 east silver street
there's a letter from rc from the rco and in opposition
Mr. Nockamson, this is your case. You're already sworn in. You're still on the roof.
He's coming back in as a panelist now, Chair.
Good afternoon, Mr. Chair, members of the Board.
Alan Ockamson of Ockamson PC 123 South Broad Street, Suite 1600, Philadelphia PA 19109.
May I share my screen?
So I'm here today to present 12E Silver Street.
So you'll see a packet of materials, which include-
I'm sorry.
I'm sorry.
Confessor, are you there?
My apologies, Sonny.
Thank you.
I'm sorry, do you agree to waive the reading of its refusal and stipulate to
its accuracy oh yes i do 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 have also have you met with the rco and have a letter we do thanks please
proceed all right uh as i was indicating we have a packet of materials which include eight exhibits
First, you'll see the deed to the property showing that 12E Silver LLC owns the property.
The second exhibit will be the Certificate of Tax Clearance showing that the property owner is a good standing with the city of Philadelphia.
Third exhibit you'll see is the Notice of Refusal.
This is an RSA 5 property.
We are looking to put a duplex, and you'll see from the pictures of the surrounding neighborhood, it's not uncommon to have multifamily use on this block.
The fourth exhibit you'll see is the application for appeal, showing that we filed an appeal with the notice of refusal in the project information form for this property.
The fifth exhibit you'll see is the zoning map of the neighborhood from a zoning perspective, as well as from a Google Maps perspective.
Item six, you'll see photographs of the property, as well as the surrounding area.
Seven, you'll see floor plans, and eight, you'll see correspondence from Hase CDC, as well as a petition of the nearby neighbors in support of this project.
All right, as I indicated, 12E Silver, LLC, is the owner of the property at 12E Silver Street.
And as you can see, they are in good standing.
I'll just make this a little larger so you can see.
They are in good standing in the city.
Actually, they overpaid for 2021.
The notice of refusal.
Again, this is an RSA 5 property.
we're looking to put a two-family dwelling here our application for appeal to the zoning
board of adjustment along with the notice of refusal and the project information form
maps of the area while this is rsa5 you can see that we're surrounded by rm1 cmx1 and icmx
as well and then photographs of the property this is a pre-existing three-story structure
uh which you can also see there is a breezeway you know in the in front of it from front to back
that's how we would you know we would store our garbage for all residents in the back
and move it through the breezeway in the front uh pictures to the on east silver street to the
right of the property to the left of the property 16 east silver street is a nearby triplex
24 East Silver Street is nearby duplex
30 East Silver Street is nearby triplex
30 East Silver Street is a nearby triplex, 34 East Silver Street is a nearby triplex, and then here's our backyard, and then just floor plans.
34 East Silver Street
As you can see, the first unit is a bi-level. You go through the front door, there's a vestibule,
you make a right, go into the living room, kitchen, bedroom, then you have a finished
basement in the basement. Instead of going to the first floor unit, you go up a flight of steps,
and there's a bi-level for the second and third floors.
Now, we did meet with Hase, so they have a two-step process.
Hase CDC, we meet with them.
There's a screening meeting.
One of the things that Hase really does ask for is as much community input as possible,
just because there's not a lot of people that typically show up at their meetings.
So, you know, in between the screening meeting and the community meeting, we personally met
with people on the block.
Like, we didn't go outside of our block.
As you can see, we have all support on these properties on East Silver Street on our block.
So when we met with the community during the community meeting and you can see the letter, even though it says it's a letter of opposition, I don't I don't particularly agree with that because the two neighbors who were nearby neighbors, the only ones who actually voted on the community's behalf, voted in favor of it.
And again, I know that the block captain who was at the meeting who voted in support of it was trying to get on today. She was having difficulty. My client has a really good relationship with all the people on that block in that neighborhood.
So, Lenny Chernak, who is the corporate representative of the property owner, who's on this Zoom hearing, he actually has the block captain on his phone just because she was having problems getting on to Zoom for whatever reason.
But she attended and another nearby neighbor attended.
And as you can see, the affected addresses, I'm trying to highlight it, but like they voted.
Do you weigh that larger?
Yeah, yeah.
can you see it better a little bit more all right sorry i have a big screen so
so if you look at the vote the people who actually voted the community the
the affected properties there were two people at the meeting both voted in favor both were on the
block one was the block captain whom i understand is on the call through my client because she was
having problems getting Zoom. Another individual on that block was also very supportive of this
project. The only people that voted against the project are people from the HASE committee,
who, again, are not within the affected area. During that screening meeting, the pre-community
meeting, they asked us to reach out to people in the neighborhood on that block and find out
their position that's why we did this petition and it's a it's a part of town that it's you know
that's it's bilingual both english and spanish so our firm makes a point especially in this
community to have our petition both in english and in spanish so there's no um misunderstanding
but as you can see all these people on this block voted and or signed this petition support so
So people within the affected area during the community meeting voted unanimously in support.
And here are the individuals on this block who are able to communicate with all in support of this project.
So and then here's just our community notice.
And that's, you know, basically it.
I do have Lenny Turnack on the phone.
Lenny, can you virtually raise your hand so the board can, administrator can put you into our hearing?
you can unmute yourself and speak now please identify yourself spell your first and last name
uh how's everyone doing my name is leonid chernyak it's l-e-o-n-i-d last name c-h-e-r-n-y-a-k
you swear a friend to tell the truth the whole truth nothing but the truth
Lenny, you heard everything I stated today.
And is it true and correct?
It is true and correct.
And you adopt it as your own testimony?
And you're the individual that circulated this petition that's in front of us?
I would even add something when you were done.
yeah well and then you you met with the block captain as well right yes and she's in support
Well, and then you met with the block captain as well, right?
of this project right she is yes okay do you have her on the was she able to get on on the zoom
hearing i could call her on the phone and put it on speaker she's having trouble
uh logging on she was trying to do it off her phone i sent her the link
yeah it's been not concerned you have knowledge that that lady the lady in question would be
adopting his testimony yes i i would as an officer of court i would acknowledge that
thank you yes all right anyone else questions from the board no no no anyone else would like
to testify in this case please raise your hand i see no additional hands at this time chair
Thank you. Planning Commission.
Good afternoon, Board. Nicole Ozdemir for Planning Commission staff.
N-I-C-O-L-E. Last name is O-Z-D-E-M-I-R.
Do you swear to firmly tell the truth, the whole truth, not about the truth?
Please proceed.
the comprehensive plan recommends multi-family use for this parcel and surrounding blocks as
they have a high vacancy rate the suggested rm1 designation was intended to encourage
redevelopment accordingly we have no objection to the granting of this variance very much mi 2021
dash zero zero one four two five one two east silver street my vote is yes my vote is yes my
vote is yes. My vote is yes. Thank you. MI 2021-001-418-1305 North 25th Street. Mr. O'Brien is the attorney. Brewery Town, Sharswood Community Civic Association submitted a letter of support.
and uh there are actually three cases that go together the other ones are mi20
excuse me mi2221-001416 1303 north 25th street and mi2021-001419
9307 North 25th Street.
Did I leave any out?
Hold on one second.
Chair, Ms. O'Brien is being promoted to panelists now.
Thank you.
Are you in the city, Christian?
Hello.
Christian?
good morning or good afternoon mr chairman william o'brien w-i-l-l-i-a-m o'brien
o-b-r-i-e-n on behalf of harrison incorporated the owner of the three parcels
thank you swear for him to tell the truth the whole truth nothing but the truth
yes i do thank you mr plaza mr o'brien you agree to wait the reading of its refusal and stipulate
to attack mercy? Yes, I do. 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? Yes, I did. Also, have you met with the RCO and have a letter?
Yes, I do. Please proceed. Thank you. Thank you. By way of introduction, part of attending the
meeting today attending the hearing is Marvin Harrison, president of Harrison
Incorporated, owner of the three parcels, and Chris Karakoff, project architect
with Studio C Architecture. We did meet with the Civic Group on May 20th. They've
issued a letter of support that's in page. Just for the record, I submitted a
separate zoning exhibit package for each address and also submitted a
consolidated exhibit book for the convenience of the board. I'm going to refer to that consolidated
exhibit package, which has all the refusals and all the tax clearances and all the deeds.
So the refusals are on page two to four of the booklet of the exhibit book, and the properties
are fully compliant dimensionally. There's one refusal on each address, and that's for use.
I'm sorry, Mr. O'Brien, are you going to show exhibits?
Oh, I can.
Oh, I can.
Thank you kindly.
Thank you kindly.
So here is a refusal.
There is one refusal in each, and that is for two-family use.
The district is now RSA 5.
When Harrison Incorporated purchased the properties, this block face was RM 1.
The civics support letter is on page five. And that's their support. Site photographs.
Let me adjust the, so this is the site. You can see the zoning posters.
this is here's the site bounded by that fence and the property on the corner
this is west thompson street and north 25th street
this is the new building here is 15 or 1315 north 25th this was recently finished
This block face was zoned RM1 at the time that this was built and finished.
And this is the block on West Thompson Street, 24th block of West Thompson Street.
Again, more duplexes going in.
The next page is a rendering of the proposed three homes, three houses.
uh they're compliant compliant or they they're the streetscape uh is uh appropriate it doesn't
stand out not inconsistent with the streetscape the floor plans are on pages um 11 through 15
each unit has three bedrooms and two baths uh the second the unit that occupies the second
and third floor also has a roof deck which is depicted on page 15.
The tax clearance certificates are on page 45 to
to 47 and the deeds are 49 through pages 65. I'd ask Mr. Harrison to raise his hand.
Mr. Harrison, you can unmute yourself and speak now.
yes i'm here thank you all right mr harrison please spell your full name and i'll swear you
in uh marvin harrison is m-a-r-b-i-n-h-a-r-i-s-o-n we're in front of the
the truth the whole truth and nothing but the truth yes thank you mr o'brien
mr harrison did you uh hear my testimony yes uh was it truthful yes did you adopt it as your own
Mr. Anderson, do you own other apartments, other buildings with apartments in the neighborhood?
How do you handle trash at your apartments?
I have a private trash collection that comes around three or four times a week, actually five days a week, but because I have commercial buildings on Gerard Avenue.
And so within my commercial units and my residential units, they come around five days a week and I would just add this on to the cycle, whether it be Monday, Wednesday, Friday or Monday, Wednesday, Saturday, whatever, you know, whatever fits the schedule to be added into the rotation.
So if a tenant in one of these buildings has trash accumulating and it's two or three days before a municipal collection, will they be able to call you so that you can send someone to pick up the trash?
Yes, they will. But like I said, we're there three or four times a week anyway.
So I don't think it would be a need for it to call, but we would set it up and schedule with the tenants that these are the collection days for this particular property.
okay so mr harrison you you're these properties will be part of that route to pick up trash
really uh yes i i have someone i have uh two other multi-families on 1300 25th street already
and then about another 100 feet away i have some more on thompson street they'll be on the regular
rotation for trash pickup correct yes correct there will be yes whatever day you know that i
would choose because i already have the same rotation right now in that area okay thank you
um yes chris karakoff to raise his hand
mr karakoff you can unmute yourself and speak now
hi this is chris karakoff please identify yourself spell your first and last name
uh chris karakoff with studio c architecture it's c-h-r-i-s c-a-r-i-c-k-h-o-f-f
where from to tell the truth the whole truth nothing but the truth
I do. Thank you, Mr. O'Brien. Mr. Karakoff, could you go through maybe some of the materials
that are going to be used on the facade of these buildings? I'm bringing up an image of the
rental. With respect, Mr. O'Brien, I don't think we need to go through materials. They're not
germane to this board anyway. Mr. Karakoff, would you like to describe the units? I'd describe
of generally is three bedroom two bath is that correct that's correct and how many square feet
are they uh the lower units which occupy the first and basement floors are 1056 square feet
the uh second unit uh which is on the second and third floors uh is around 1142 square feet
and is the excuse me counselor excuse me counselor what what percentage of the basement is out of the
ground? We're about, let's see, we're about two feet out of the ground. I'm showing an image now
of the floor plan. Mr. Karakoff, the two boxes at the either end on the top on the 25th street and
on the rear rear yard are those uh code compliant escape wells correct those are egress wells that
are compliant with code okay and is the rear yard compliant um how do you mean uh well the open
space and the rear yard dimension i can bring these yes dimensionally we're compliant we don't
have any variances there and there i believe there's an alley on the rear which which allows
access to a public way so therefore bedrooms are allowed on the rear okay thank you
mr chairman i would ask the board to grant the variance the use variance
thank you uh any other questions from the board
no no no anyone else to testify in this case please raise your hand
chair i see no other hands at this time you planning commission
good afternoon board nicole ozdemir with planning commission staff
these properties are indicated for single family residential use
in the comprehensive plan and were recently rezoned as part of a community-led remapping
in only 2020. We feel the proposal represents an overuse and accordingly we oppose the granting
of these variances.
MI 2021-001-418-1305-North 25th, MI 2021-001-416-1303-North 25th,
And MI 2021-001-419-1307-North 25th.
My vote is yes with the proviso commercial pickup, trash pickup for each property.
My vote is yes with proviso to all.
Yes with proviso to all.
My vote is no to both.
QMI 2021-001-422-1414 North St. Bernard Street.
We have not yet received a letter from the 44th Democrat Ward.
Mr. Consul.
Chair, Mr. Consul will be rejoining us as a panelist.
good afternoon board good afternoon mr consul
uh joe consul here for mi 2021 zero zero
uh joe consul here for mi 2021 001422 one west third street suite 204 media pennsylvania 19063
do you swear for him to tell the truth the whole truth nothing but the truth
i do thank you before you begin mr complaisant mr o'brien you're still on are you here for this case
you're muted sir
mr okay i'm sorry i i'm i'm thinning my working is finished may i be excused if you may thank you
thank you mr consul hi everyone joe consul 14 north st bernard street is my appeals packet on
screen uh yes okay thanks uh this is 14 north st bernard street uh this is just off market
it runs parallel between 49th and 50th street it's close to the old
sorry for interrupting oh that's okay you agree to wait the reading of its refusal
and stipulate to its accuracy yes sir also have you emailed an exhibit factor with the required
documents, proof of ownership, proof of tax compliance, copy of the refusal or referral
folders and plans five days prior to this hearing? I did, and I have, yes. Also, have you met with
the RCO and have a letter? I did, and we received a letter yesterday at some point. I don't know if
it came to you guys. Please proceed. Joe Consul, 14 North St. Bernard. Again, this is near the old
West Philadelphia High School, off-market between 49th and 50th. St. Bernard runs parallel
between 49th and 50th can you enlarge the exhibit please uh did that that help
no it's taking up my whole screen as far as i can tell yeah well
what's it look like to you guys sorry all print i can read it but it's a little bit
of a strain i'm not sure about the other folks other folks okay looks okay okay tom has better
eyes than i let's proceed thank you okay um here's the external of of the property um it's owned by
rapid solutions llc mr ron hack is here as a representative of the owner uh the property
is a 1539 square foot property we're here seeking legalization of a long-standing use as a duplex
the property was purchased in 2009 by rapid solutions llc at the time excuse me council
do you have plans well we only see notes oh you only see my notes correct oh
now it's up
now they're getting there thank you okay so here's an external of the property
there we go and it was purchased in 2009 by rapid solutions llc
At that time, it was purchased and advertised as a duplex. Here is a rental license that was first obtained in 2007 as a duplex. And that was by the previous owner of J&P Developments, LLC.
We then have the license obtained in 2009 by my client as a duplex that expired the last day of 2010. I have my client pull as many of these rental licenses as he could find, but he had one by his testimony that he'll attest to in a minute.
But you have one for all of the preceding years. This is 2013. This is 2012. This is 2016. This is 2017, expiring 2018.
this is the 2021 license um and so the property has been used as a duplex and was purchased
as a duplex um since 2009 uh since that time um both units of the property have been actively
rented i'll show you guys some internal photos of the property let me see if i can find them
they're they're in the packet but I'll pull them up now the external
Here's the external, external, external. Here's some interior photos. The one property went vacant earlier this year, and that's when these photos were taken.
in. So we've got a lower unit and an upper unit that have continuously been occupied.
We met with the RCO on the 16th of June. And at that time, there was no opposition. There was
just suggestions, which are reflected in this letter. So we met with them on the 16th.
They suggested that he clean the front of the property, secure the front porch, secure the second floor deck, as you can see in this highlighted, clean the side and backyard up and provide outside lighting.
That was three weeks ago. My client will attest to the strides he's made. Admittedly, that's not completed.
It just hasn't been long enough for him to complete all these requests by the RCO.
We're hopeful this is not a letter in opposition.
It's a letter in not support.
I spoke to Willie, the RCO head, yesterday, and he said he basically just wants to see that my client's going to be handling these items.
And we think the items are reasonable.
um but you know also uh there are no l and i violations from the entire time period that my
client has owned the property um all of the violations stem from 2008 or earlier there's
no complaints against the property there's no open violations against the property so while
we appreciate that the property uh likely you know we could secure this porch and the deck
and that's going to happen. My client will attest to that. We're hoping that we can still get
support to legalize the longstanding use here as a duplex. So if I could call Mr. Ron Hack.
Mr. Hack, you can unmute yourself and speak.
Hello, my name is Ron Hack, and I'll spell it for you, R-O-N-H-A-C-K, and I'm ready to be sworn in.
You swear from to tell the truth, the whole truth, nothing but the truth?
I will.
Thank you, Mr. Conner.
Okay, great. Good afternoon, Mr. Hack. How long have you owned this property?
Since June 2009, continuously till today.
Okay. Can you describe for the board the situation involving the duplex when you purchased it and your rental history?
I've rented it as a duplex the entire time. It was constructed so if you're looking at the front picture of the property, you go through the door, you're in a small alcove.
Cove. The first story is the two-bedroom apartment. And then there's a door to a stairway that goes
to the three-bedroom apartment that occupies the upper two stories. And I've maintained the
property, paid taxes on time the entire time. Okay. And could you describe, the RCO in their
letter stated that they had four items that they wanted you to, they wanted you to handle on the
property so they'd feel comfortable with you getting the variance for the two units. Could
you describe the progress you've made on those items? Yes, I have Hydro Man power washers coming
tomorrow because what they wanted was the front porch and the front facing part of the first floor
just power washed. So it would be the front and the side we're going to power wash. This individual
also has the capability to clean up the side and the backyard as requested. So he's going to be
giving me an estimate tomorrow and he said he's available to do it somewhere in his schedule in
the next two weeks. I also have Jason White from J&J Contracting who has done other work on this
property for me here who would be strengthening the outside deck and putting in more reinforcement
for the joists on the decks requested by the board and he also would be the one doing the light
and I have a call into him and he's right now in the middle of a big rehab but I believe we'll be
able to get this done by the end of the month. Okay great. Did you hear all the testimony that
i gave to the board i did do you adopt it as your own yes i do okay great i have nothing further for
mr thank you thank you questions from the board no no anyone else would like to testify in this
case if so please raise your hand i see no other heads at this time chair
I see no other hands at this time, Chair.
Thank you, Planning Commission.
Good afternoon, Board.
Nicole Ozdemir for Planning Commission staff.
The comprehensive plan recommends residential use at this location.
While this lot presents no unique physical circumstances or conditions,
it appears to have a standing use as a two-family structure.
therefore we do not object to the granting of this variance very much mi 2021-001-422
14 north st bernard street my vote is yes my vote is yes my vote is yes my vote is yes
my vote is yes thank you next case mi 2021-001-406 1600 south beulah street
mr knockinson you're still under oath from earlier
he's coming back in as a panelist chair
good afternoon again mr knockinson please identify yourself you're still under oath
Alan Ockamson.
Regarding 1600 South Beulah, there is a letter of opposition from East Pass Yonge Crossing, as well as a letter from Councilman Squilla in opposition.
Please proceed.
Mr. Nockerson, you agree to waive the reading of its refusal and stipulate to its accuracy?
Have you emailed an exhibit packet with the required document, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?
I have.
And have you met with the RCO and have a letter?
Thanks. Please proceed.
May I share my screen?
Yes, sir.
All right. Similar packet of materials. The only thing I would contest is that we have a letter of opposition from the coordinating the RCO. We'll see the letter. It's actually, there are more people that voted for this project than against.
uh overwhelmingly the community voted in support of this project unfortunately overwhelmingly the
executive board of the coordinating rc rco voted against it but there's still more people that
voted for it than against it so in actuality i don't know if you can equate that to a letter of
opposition we also did also receive a a letter uh from councilman squiller this afternoon uh stating
that he's leaving it to the board to decide.
I have that in my packet of materials.
So in my packet of materials,
typical things that we always have,
the deed to the property,
showing that Jacqueline Banks is the owner of the property,
a certificate of tax clearance
showing that she's in good standing.
Mr. Notkinson, pardon the interruption,
if you can make that larger.
Of course.
Is that better, Mr. Chair?
A little more if you could.
But if not, we'll have to deal with that.
No, no, that's fine.
It just makes it harder.
That's good.
That's good.
All right.
So you have a deed to the property.
You have the certificate of tax clearance.
You have the notice of refusal.
So even though this is an RSA 5 property, this property has a history of multifamily use.
It's a corner property, the quintessential South Philly corner property.
So you'll see probably somewhere in this history, it was a commercial on the first floor and multiple units on the second and third floors.
But what of particular note is that the city acknowledges that this was a three-unit dwelling up to, I think, 2014.
Ms. Banks had owned the property with her husband, Daniel Banks.
Mr. Banks handled the affairs of their investment properties.
And unfortunately, Ms. Banks, you know, is having had difficulties over the past couple of years in terms of meeting her obligations, you know, in terms of the housing inspection license.
And that's why you'll see her son testify in this capacity at this hearing.
But this has a history of three units.
We're not trying to change the use in any way.
We're not trying to reconfigure the property in any way.
We're essentially trying to legalize the property.
And this is part of this process.
Fourth exhibit, you'll see is the application for appeal.
The fifth exhibit, you will see a what?
I'm sorry.
Oh, fifth exhibit is the maps from Atlas, as well as Google. Sixth exhibit, you'll see photographs of the properties surrounding the area. Seventh exhibit, you'll see our floor plans, again, all pre-existing conditions with tenants in these properties. Eighth exhibit is the correspondence from the East Passion Crossing Civic Association, which we'll go over, and also the correspondence from Councilman Escuela, where he indicated that he would leave it up to the board to decide.
And Alex Banks, the owner's son, will adopt my testimony.
And you'll, you'll, uh, Alex, uh, banks, uh, the owners.
So as you see, this property is owned in the name of Daniel Banks and Jacqueline Banks.
Mr. Banks is no longer with us.
And unfortunately, that's part of the reason why we're here.
Because there was a gap in obtaining a housing inspection license.
The city of Philadelphia is requiring us to reapply.
Certificate of tax clearance showing that there are no taxes owed on this property.
And then the notice of refusal.
Again, this is an RSA 5 property, but as you'll see, this is the quintessential South Philly property, which probably had multi-units even before it was a triplex.
Probably it was a commercial on the first floor and multiple residential units on the second and third floor.
Most importantly, again, we're not trying to change the use.
There was a rental license from 2004 through 2014 in the name of Daniel Banks, the late Daniel Banks.
And you can see it's three units.
So we're not trying to increase the usage here.
We're just trying to legalize this structure.
application for appeal that we followed with the cba along with the uh notice refusal and
the project information form maps of the area again we're in the corner property uh tasker
umbrella um as we're here as well on google maps and photographs of the property i'm just gonna
make a i can kind of venture down as you can see you have this like you know this corner property
definitely would be like some type of commercial use over time the first floor and multiple
residences above here's the property from tasker street
one of the things that we are doing so as you can see there was once a garage there
the the owner elected not to legalize the garage as well so we'll be giving that curb cut back to
the community so they're actually adding a parking space onto the street
and then there's access through the side and access for all the residents
to the basement where they can store their garbage south below street from the right of the property
to the left of the property
from tasker street to the right of their property
and tasker street to the left of the property
and then just the plans and drawings i'm just going to make this a little smaller
so the board can see the whole page if you don't mind
again you can get in for the first floor unit
uh in the front and then you can get up to the upper floors uh through the side on tasker street
and then each floor has its own uh unit and then again most importantly there's basement
individual uh basement and store in the basement there's storage and an ability to put a garbage
room down there as well now the letter from the community group uh again here's the letter so
if you look at it the people from the actual community there were there were third there
were 15 people who were not part of the executive board eight were in support of it two people
opposed it and five people abstained obviously we're you know we're one of people who are
abstain because we can't vote for projects, but a super majority, 80% voted, you know, for this
project. Here, the committee itself for the, you know, East Passion Crossing, who are not within
the affected area, one person voted for it, and five people voted opposed. But ultimately, nine
people supported this project, and seven people opposed, even if you include the executive board.
And then Councilman Squilla sent a letter today indicating the same thing, how the executive
committee voted in opposition, but the community as a whole supported this project overwhelmingly
and he respectfully left it to the decision to the board. And then that's basically our project
in a nutshell. So with me is Alex Banks, the owner's son who will adopt my testimony.
Mr. Banks, can you raise your hands, please?
Mr. Banks, can you raise your hands, please?
You've been unmuted.
You can unmute yourself on your side and speak.
Banks, please spell your full name and I'll swear you in.
A-L-E-X-B-A-N-K-S, Alex Banks.
You're swearing for him to tell the truth, the whole truth, nothing but the truth?
Mr. Markinson?
Yeah, Mr. Banks, you heard everything I stated today.
That's right.
And is it true and correct?
Yes, it is.
And do you adopt it as your own testimony?
Yes, I do.
And, you know, in addition to Mr. Banks adopting my testimony, I just want to reiterate, you know, Mrs. Banks, like, needs this property legalized.
And it would be financially devastating if this board would require her to convert this property, which has multi-unit use in the past, as late as 2014 for three units, to spend that money to convert that back to a single family.
She doesn't have the funds to do that.
And it would affect her ability to comfortably live out her remaining years.
So that's it.
Thank you.
Questions from the board?
no no no anyone else would like to testify in this case if so please raise your hand
there are no available hands at this time chair thank you planning commission
good afternoon nicole ozdemir with the planning commission staff
the comprehensive plan recommends no change in the single-family residential use zoning for
this property while the lot presents no unique physical circumstances or conditions it appears
to have a standing use as a multi-family structure as such we do not object to the granting of this
variance. Thank you. MI 2021-001-406-1600 South Beulah Street. My vote is yes with proviso. No
garage, no off-street parking. Yes with proviso. Yes with proviso. Thank you. MI 2021-001-407-2120
North 7th Street.
Knockinson, again, identify yourself.
You're still on the oath.
And Mr.
Plaza, would you mind taking over for a few minutes?
I have to excuse myself.
Thank you.
Good afternoon, members of the board.
Alan Knockinson of Knockinson, PC.
Knockinson, you agreed to wait to read in of its refusal and stipulate to
Have you emailed an exhibit packet with the required documents for ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?
I have.
And have you met with the RCO and have a letter?
Yes, we have a letter of support.
Please proceed.
All right, thank you.
i hate to be repetitive here but i have a table of contents
that's similar to the other ones uh so this one is 2120 north 7th street this is a new
construction property unlike the other ones i presented today unlike the other ones i presented
today too this actually allows for multifamily use we're just slightly short of the required
amount of lot size to have this property as of right. I'm going to make this a little bigger,
having a little connectivity issues, so I don't know if things are slow on your side too.
Let me see. It's a little too big.
All right. So, deed to the property, certificate of tax clearance, notice of refusal, application for appeal, maps of the area, photographs of the property, plans and drawings, and the correspondence from the coordinating the RCO APM.
hmm okay sorry about that uh so this property uh is owned uh by jacob y mott trading inc
they purchased this property a few years ago and that's the deed to the property
a certificate of tax clearance showing that they're in good standing with the city of philadelphia
Payment of the arrearage that was shown of record.
Again, this is an RM1 property, and we are so slightly short of the requirements from dimensionally. Our open area is less than 15, a little more than 15 square feet, but our property does not extend beyond what the structures around there extend to.
Again, this is an RM1 property.
And then the lot size, while 1,080 is required for this three-unit structure, we have 1,053, which, again, is slightly off.
We're at like 2.92 units.
But unfortunately, the city of Philadelphia, through their zoning code, goes downward, doesn't estimate upward.
Here's our application for appeal.
along with our project information form and then again we're in a multi-family part of
of the city there's no dispute as to that and we're an rm1 property and
this photographs were a vacant lot
here's here's properties on north seven to the right of our property
Here are properties on north 7 to the left of our property.
And then here's our plans and drawings. It's going to slightly make it a little bit smaller
so it's just easy to maneuver. If you need me to expand in any way, I will of course do that.
So here's a rendering of the property. Again, typical brick facade. We actually are doing a
mansard roof to add some architectural detail i believe there's also the properties in that
neighborhood do have mansard roofs as well no bay windows and then as you can see
one of the things to respect like the properties is that we have a breezeway right here
with the rear steps and then if you can look at the
the floor plans
go first floor to the right you go into unit one which is a bi-level open floor plan kitchen
living room bathroom bedroom go up a flight of steps unit number two which is two bedroom one
bath and then unit three is on the third floor which is again two bedroom one bath
now our letter from APM
shows that everyone in this in the meeting either were in support of this project or
are not in opposition and that's why the community group gave us a letter of support
With that being said, I would have my client, Dimitri, adopt my testimony. Dimitri, can you virtually raise your hand?
Dimitri, you can unmute yourself and speak now.
Hi, how's it going?
Sir, can you please identify yourself for the record for your first and last week?
Dmitry Gorodetsky.
Your address?
The address of the property is 2120 North 7th Street in Philadelphia, PA, 19122.
Is there a firm to tell the truth, the whole truth, for nothing but the truth?
Excuse me, this is a court reporter.
I'm sorry.
Yes, could you spell your name, please?
Dmitry, D-M-I-T-R-Y.
My last name is G-O-R-O-D-E, T like Tom, S-K-Y.
Oh, yes, Dimitri, you heard it.
I'm sorry.
John, is that good?
Yes, thank you.
Thank you.
You can continue, Mr. Nakas, and I apologize.
Thank you, Ms. Sunkit.
Yes, Dimitri, you heard everything I stated today.
Correct.
And is it true and correct?
Absolutely.
And do you adopt it as your own testimony?
Yes, I do.
All right.
I have no further questions.
Thank you.
Does the board have any questions?
Questions?
Planning Commission?
I'm sorry, Secretary Plaza.
Would it be okay to get the community's way in?
I'm sorry.
Apologize.
Anyone else that would like to speak in this matter?
Anyone else that would like to speak in this matter?
There are no other hands at this time, Secretary Plaza.
Thank you, Planning Commission.
Good afternoon, Nicole Ozdemir for the Planning Commission staff.
The comprehensive plan recommends no change to the existing multifamily use here.
We feel that the proposed three units is a minimal variance, considering the lot size percentages.
Therefore, we recommend the granting of this variance.
Thank you.
Alan, this is 42nd Street, right?
Both cases?
No, this is North 7th Street.
Yeah, 2120 North 7th Street, Secretary Plaza.
Thank you.
Calendar number MI 2021-001-407-2120, North 7th Street, my vote is yes.
My vote is yes.
My vote is yes.
All right, good luck.
Yes, Secretary Plaza, speaking about North 42nd Street before I'm wet off,
I did talk to the board's administrator about rescheduling those matters for 715 and 717 North 42nd Street.
Thank you. Okay. Let me call it in, too, so we can continue. I don't think we put it in the record.
So calendar number MI 2021-001-420-1715 North 42nd Street and calendar number MI 2021-001-421-1717 North 42nd Street will be continued.
Thank you.
But we have a date, sir, Secretary Plaza.
You got the date?
Miss Sunkett?
August 17th at 9 30 a.m. We agreed upon it. Okay. August 7th, you said? 17th at 9 30 a.m.,
which is a Tuesday. Thank you. So they will be continuing to that date. Thank you. Thank you.
Have a great day. You too. Calendar number MI 2021-001-361-2601 Home Avenue.
we have stephen pollack with his hand up he's being promoted to panelists now
thank you mr pollack please identify yourself for the record
Mr. Pollack, could you please unmute yourself?
good good afternoon um Mr. Plaza Mr. Holloman and Mr. Snell Stephen Pollack on behalf of
Nazareth Hospital I have with me uh my associate Mr. Pollack can you spell your first and last
name for the scenario Stephen with the ph s-t-e-p-h-e-n Pollack p-o-l-l-o-c-k
Dan, can you swear or affirm to tell the truth, the whole truth, for nothing but the truth?
And have you, do you agree to wait the reading of its refusal and stipulate to its accuracy?
And do you, have you emailed an exhibit packet with the required documents, proof of ownership,
proof of tax compliance, copy of the refusal or reflux, photos and plans five days prior to this hearing?
Yes, I have.
Thank you. Please proceed.
Okay. I have with me, Mr. Chair, members of the board, before we get started,
First, I have Gregory Duran, who is the director of facilities for Nazareth Hospital, and I also have my associate Nico Rialbuto, who will be sharing the screen for me because, as I say, my left hand and right hand don't know how to share a screen.
So if we could advance them to speaker status, that would be great, Ms. Sunkit.
Thank you.
Mr. Ragabuto has been promoted to panelists so he can share his screen.
Okay. And Mr. Duran also, just so he can be available and be sworn in.
Okay, so we only need to promote the individual who's going to share the screen. The other individual will unmute when necessary.
Okay. I just wanted to introduce him at this point and have him on the record so that when I do state things, he can adopt it.
Okay. I just wanted to introduce them at this point and have them.
But okay. We have, if we could bring up our exhibits. This is a request not for a residential property. This is for Nazareth Hospital. This is our wayfinding project.
Nazareth Hospital has become part of the Trinity Medical System and needs to redo its signage.
This is a copy of the refusal.
We have pre-marked Exhibits A1 through A12.
I have an exhibit list, and I will spare the board reading in every one of these exhibits,
but I will ask that everything be included as if read into the record.
This is our refusal.
If you go to the bottom of the refusal, Nazareth Hospital has been here before for signage in 2008.
You see notes to the ZBA 1, 2, and 3, 2010 and 2008.
The reason because even before the new code, this was zone residential.
If you look at it now, we're currently RSA 2, which is zone residential, which only allows 15 square feet of signage.
This is a hospital.
A hospital is a, this is an existing hospital. Even today, an existing hospital is considered a special exception use that's allowed, of course, by the board's special exception. But we're here for the wayfinding system. If we can, we can go to our signs to show you the site plan.
so you'll get an idea we're dealing with our main logo sign on top of the building tower
our freestanding you've got to go all the way to pages 27 and 28 you go if you can get there
we go here here's and i don't know if we can make it a little smaller but uh
if you see the the a and the b sign the a sign is going to be the freestanding uh message board
the b sign will be our logo sign on top of the tower and then the signs one through seven
are wayfinding signs that will show you what they are go to the next page
and you will see this is the proposed freestanding message board that'll be right along Home Avenue
showing you both sides. This will be a way for us to give messages to what new programs are being
done or services being offered at the hospital and also gives a way to tell people where to go
in case of an emergency. Go to the next page and that's just another side look at the property
and that proposed sign here is the new proposed this is the exit there's the existing sign
that says nazareth the new sign that's proposed is we're just basically changing sign faces
for this sign but we've become part of the trinity health mid-atlantic system and
we are asking for permission to just change the sign face and if you can go
just another one um then if we can go to our we'll show you the other signs that are monument
signs these are the signs one through seven which are just wayfinding and here it is we have
signs one through seven are similar signs to this a double a a monument sign that directs people
to the emergency areas and everywhere on the property so we did go in front of the
home circle civic association and I don't need to give you any more interpretation than the letter
was a unanimous vote of support for this project and the wayfinding so therefore we believe that
and we all have all our letters to the RCOs our certificates of mailing we give you some photos
if you want to see what it looks like a little bit real quick let's go to that second package
that we have, Nico. And if we can show, this is what the existing digital message board is right
now. You saw what we're going to change it to. That is what the existing logo sign looks like
right now. And you've seen what we've proposed. And with that, members of the board, I would like
to call on Gregory Duran, who is the director of facilities for Nazareth Hospital, to come to be
allowed to speak.
Professor, if you don't mind, you can, you know, finish out this
hearing and then I'll get on to the next hearing.
I was going to see I was going to see if I could suck you in the
vote this one, Mr. Chairman, but okay, no such thing. Okay.
OK. All right. Is Mr. Duran available?
All right, it's Mr. Duran available.
What is his first name, Mr. Pollack? Gregory. Greg. Gregory.
You can unmute yourself and speak now.
There's a mute button or microphone on the left, lower left, Greg.
Hopefully you'll.
Or are you on your phone?
are you finding him your vet or no
his name is there and i am on my side but he's not unmuting himself so we're having technical
difficulties we can just keep going forward why don't we do this if you don't mind i'll just
jump in for this we'll stipulate mr pollock you being an officer of court your client would have
adopted your testimony. I most certainly do, Mr. Chairman. With that, and the inclusion into the
record of all our exhibits, including the actual exhibit list, and the letter of support from
Home Circle Civic, we request that the board look favorably upon our request for the necessary
variances so again i'll yield to uh confessor plaza since i was not part of this uh hearing
thank you thank you is there anyone else here that would like to speak in this matter
hold on there there's a lisa curry miss curry you can unmute yourself and speak now
yes good afternoon um good afternoon ma'am can you please identify yourself for the record
spell your first and last name? Yes, my name is Lisa Curry, L-I-S-A-C-U-R-R-Y.
Can you sort of tell the truth, the whole truth for nothing but the truth?
Yes, I do. In fact, Mr. Chairman, it's very good that Lisa jumped on. Lisa is the
community liaison and government affairs representative for Nazareth Hospital. So
Lisa, we'll ask you the question we asked Greg. Could you listen to all the statements I've made
into the record today? Yes, I do. And are they true and accurate? Yes. And do you adopt that
as your testimony? Yes, I do. Okay. So I appreciate you hopping on there, Lisa. You were able to
negotiate getting on. You're welcome. Thank you. Is there anyone else?
there are no hands at this time thank you does the board have any questions
no no planning commission
good afternoon board nicole ozumir planning commission staff this proposal is to replace
existing signage with new branding for a long-standing use and accordingly we have
no objection to the granting of the variance. Thank you. Calendar number MI 2021-001-361-2601
Home Avenue. My vote is yes. My vote is yes. My vote is yes. All right good luck. Thank you Mr.
Thank you. Thank you, Confessor. We'll go to the next case, number 12, MI 2021-001411, 3527 Frankfurt Avenue.
Harrogate Civic sent a letter of opposition, as did Councilman Mark Squilla.
Chair, we have Ms. Pritzker, and she's coming back in as a panelist.
Good afternoon, Ms. Pritzker.
You'll identify yourself, spell your full name.
You're still under oath from earlier today.
Unmute yourself, Rachel.
Oh, sorry.
Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street,
East 1600, Philadelphia, PA, 19103.
Yes, sir.
Rachel, do you agree to wait the region 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?
Yes. And have you met with the RCO and have a letter? Yes. Thank you. Please proceed. Thank you.
Okay, this is 3527 Frankfurt Avenue. As you can see from the refusal, this project proposes the
use of an existing structure for a two-family household living on Frankfurt Avenue. The only
for two-family household living on Frankfort Avenue. The only refusal we have today is for
refusal we have today...
the use for two-family household living. I'm just going to go down to the site.
That might be easier just to show on Atlas. This is a site on your screen. It's the third one in
from the corner. As you can see, this is on a little bit of a blighted block of Frankfort Avenue,
which is supposed to be a commercial corridor. That's why you have a bunch of CMX1 on the
corners. You have some CMX2 and some RM1 as well, in addition to the sort of spurts on
Frankfurt Avenue of RSA5, although again, Frankfurt Avenue is supposed to be a commercial
corridor. Not only is the corner vacant and boarded up, which is a CMX1 property, but so is
the directly adjacent property at 29. It's been boarded up for quite some time and is causing
additional issues on the block. Aside from our property, which we're proposing to have as a
two-family dwelling in order to have this property stay in the family, provide more affordable
housing, and a little bit more of a reasonable layout for the interior of the site, there are
also additional properties on the block that are already duplexes or two or more units that are
also Zone RSA 5, specifically 3519, 3522, which is across the street, and 3525, which is directly
adjacent property, is also two-family. If we were to keep this as a single-family home,
it's quite large. These properties are quite long as well. The buildings are quite large also. I can
show the aerials um and just would be a lot larger um and not as affordable or price conscious
especially because the property needs uh significant renovation into the interior of
the property directly across the street you have all all rm1 if this property was zoned rm1 given
it's almost 1200 square feet the lot we'd be able to easily do three units by right without any
bonuses so again we're asking for actually less than that which is just two units um in order to
be able to meaningfully rehab this site provide more price conscious housing uh in this neighborhood
and also help to incentivize you know additional commercial and density on frankfort avenue which
is a commercial corridor again so um this is the front of the building um i also uh want to mention
that although um harrowgate we met with them and although harrowgate uh sent a letter of opposition
I have information from the RCO on the screen indicating that only three of the actually 13 votes were near neighbors.
So the majority of those who were in opposition, which was 10 people, actually don't even live within 250 feet of the property on the same block face.
As such, my client went and spoke with all her near neighbors, those who also have duplexes, as you can see from the letters.
And she got 14 signatures in support of this project from 3525 Frankfurt Avenue, Apartment B, 3523 Frankfurt Avenue, 3519 Frankfurt Avenue, 3522 Frankfurt Avenue, which I'd mentioned is also a duplex.
that's apartment one uh 3524 frankfurt which also has two units um 3536 frankfurt which has
multiple units 3536 frankfurt avenue second floor 3513 apartment one also multi multi-family
and then uh on atlantic street this is the directly adjacent block um that she was able to
obtain signatures as well. Again, a total of 14 letters of support. I also believe that there's
a near neighbor to speak in support as well of the project. So again, this is similar with what's
going on the rest of the block. It is a commercial corridor. This is not a small side street. This is
Frankfurt Avenue. And we believe that what we're proposing is a lease modification and is also not
and overuse, again, with RM1 directly across the street, you could have three units on this site
by right. And some of that zoning is sort of hindering the ability to meaningfully build
reasonable single-family homes on the RSA 5 properties, given the direct adjacency to a lot
of RM1 as well, the ability to do all that by right. I'm going to just stop sharing my screen.
I believe my client is here as well. And also, there may be members on the block who are here
to speak in support of her application.
Your client's name?
Carmen.
What's her last name, Rachel?
It starts with a B.
Okay, I see her.
Okay, I see her.
Ms. Bengo Chia, you can unmute your...
Ms. Bengochea, you can unmute yourself and speak now.
Good afternoon, ma'am. Please spell your first and last name and I'll swear you in.
Good afternoon. My name is Carmen, C-A-R-M-E-N, last name Bengochea, B-E-N-G-O-C-H-E-A.
You swear for them to tell the truth, the whole truth, nothing but the truth?
Thank you, Ms. Preacher.
Thank you. Carmen, can you just explain to the board the efforts that you made to speak with
the near neighbors and also wanted to just make sure that some near neighbors that you spoke with
are also in attendance to speak on in support of the project? Yes, I, when I was told that I
needed support from the neighbors, I went door to door and asked the neighbors within adjacent
across the street, within adjacent streets, explaining it to them what project I wanted
to do with the house and they wasn't for the agreement um i have asked them if they can sign
document the paperwork and they signed for me and they actually that's when i i turned it into uh
rachel um they weren't for support i had no one uh said anything badly they worked for it
thank you and do you um did you hear the rest of the testimony that i gave
as far as the conditions on the block the vacancy um and also um the other testimony i gave given
um what our plans are and do you accept that testimony as true and accurate and do you adopt
it as your own i do yes anyone else rachel yeah carmen do you know who from uh your neighbors
I'm sorry, I'll ask.
I think we had another client.
Questions from the board?
Anyone else would like to testify in this case, please raise your hand.
I see no hands at this time, Chair.
Thank you, Planning Commission.
Good afternoon, Board.
Nicole Ozdemir with City Planning Commission staff. This property was remapped from CMX 2 to RSA 5
back in 2017. We feel there are no circumstances particular to this lot that would justify relief
from the single-family zoning. Accordingly, we recommend denying the request for variance.
mi 2021 that's zero zero one four one one three five two seven frankfurt avenue my vote is no
my vote is no my vote is no my vote is no
you okay next case mi 2021 that's zero zero one four oh nine eight oh nine north second street
There's a letter of support from Northern Liberties with a significant number of provisos, and also a letter of support from Councilman Squilla with provisos.
Anyone here for 809 North 2nd Street?
Chair, we have someone named Mark Wendell.
the attorney for the case i'm not sure if he's the attorney or not chair yes yes so you can
promote him okay thank you thank you mr windown's been promoted to panelists so excuse me one moment
someone has their we're getting feedback from the background so i'm sorry chair that was my daughter
Oh, it's all right. She's entitled to you once in a while. Okay, thank you. Good afternoon, sir. Please identify yourself, spell your full name.
Yes, good afternoon, board members. Mark Wendower, attorney for the applicant, M-A-R-K-W-E-N-D-A-U-R.
Where for him to tell the truth, the whole truth, nothing but the truth?
Thank you, sir. Mr. Plaza?
yes sir uh you sir uh do you agree to wait the reading of its refusal and stipulate
to its accuracy i do have you emailed an exhibit packet with the required documents proof of
ownership proof of tax complying copy of the refusal over for photos and plans five days
prior to this hearing yes i have have you met with the rco and have a letter yes we have please
proceed. Thank you. So I've put up on the screen, we're requesting a special exception. This is
located in Northern Lombardy's 809 North 2nd Street. It happens to be in an overlay that
requires a special exception for a sit-down eating and drinking establishment. The applicant is
Uh, the applicant is, uh, seeking to have a, what's called a mochi nut there.
seeking to have
It's a, um, mochi donut, uh, franchise.
That'll be the first one in Pennsylvania.
So, um, he's been doing some work on that.
Um, we have the letter, um, on our screen here, moving down, um, taxes are paid on the
property.
and here is a plan for the interior at the time of application for the layout and everything like
that. The contractor is ready to go. Franchise contract has been signed. So it fits right in
with the Northern Liberties environment. There won't be any issues with parking, won't be a
change in the neighborhood. Again, this is just a special exception. So overall,
yeah, it should fit right in with the neighborhood. And I do have with me here Aiden Kim,
who is the husband of the current owner, and he would be willing to testify to those facts that I
just run into the record as well uh mr wendower if i'm pronouncing your name right there are a
number of well let me start by asking uh do the board have any questions of mr wendower no no
is there anyone else to testify in this case
just mr aiden kim who is uh the husband of the owner who would yeah i'm that i'm asking if there's
anyone else outside of it from the community anyone else from Northern Liberties or
because we have a a list of provisos submitted by Mr. Friedman is Mr. Friedman out there
I see no hands right now chair
all right um
um maybe miss cole you can help me there do you have a copy of the provisos
i do um you mean the ones that will be enforceable yes i see a couple of them but i'm not sure so
could we go down trash on premises uh no restaurant in rear yard and venting as shown
would be enforceable provisos the only reason i asked one of the reasons i asked is one that says
no rear yard use but the other one said something about uh trash must be kept in sort of within soft
containers or in the rear of premises which would be the art so that kind of somewhat conflicting
all right uh let me do this let me ask the planning commission and then i'll get back to
you Ms. Cole planning commission. Good afternoon Nicole Ozdemir for planning commission staff.
The proposed special exception will not cause detrimental impacts to the neighborhood beyond
what normally might be expected for this use. The city planning commission recommends that the board
grant this special exception. Thank you and Ms. Cole would you go over the three that
are enforceable again so I have them right yes chair the enforceable provisos are trash stored
on premises until day of pickup no restaurant use of rear yard and venting as shown in diagram
m2 stamped today very much so am i excuse me mi 2021-001409 809 north 2nd street my vote is yes
with the provisos that have just been read into the record by ms cole yes with proviso yes with
proviso yes with proviso i think that completes the list and the unfinished business on the two
o'clock list can i ask about number eight 1728 fulsome which was also miss pritzkers
did i miss that one
i i apologize i may have skipped over it no that was uh wasn't that weren't they the two cases
that alan knockinson was talking about seven and eight he had seven and nine eight was smashed
between them oh okay so my mistake i apologize we'll have to go back to that number eight
We'll have to go back to that. Number eight. MI 2021-001412, 1728 Folsom Street. Ms. Pritzker. There's a letter of support from the United Francisville Civic Association.
am i 2020
she's coming back in as a panelist now chair thank you rebecca for pointing that out my
apologies everyone miss pritzker i'm sorry i we i jumped over you it's all right no worries
uh rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 17 1635 market street suite 1600 philadelphia pa
19-103. Rachel, you agree to waive the reading of its refusal and stipulate to its accuracy?
Yes. 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? Yes. Have you met with the RCO and have a letter? Yes. Thank you. Please proceed.
Thanks. This is 1728 Folsom Street. The best way to explain this project is by looking at the lots. But I'll go through the refusal really quickly. This is for a lot line relocation from two lots to also two lots to relocate the lot line so that it becomes two more rectangular lots.
As you'll see in a minute, there's one that's sort of doglegs in the back, and our refusal
is based on not meeting RM1 standards.
However, it's going to create more symmetrical rectangular lots than what is currently there.
Lot one is going to be 1235, and lot two is going to be 975.
So actually, although lot one is being decreased, lot two is actually going to be increased,
which will bring them both more in compliance, or at least the second one more in compliance.
I'm going to show you, here's all the tax clearance, here's the deed.
So as you can see, this is 1728 Folsom, this is 1724 Folsom. 1724 kind of has this weird
L shape in the back. All we're looking to do is relocate the lot line so that we create
two rectangular lots that are more in agreement with what's already on the block. And so that
1728 has more of a rear yard and that 1724 is just more rectangular. That's all that we're
looking to do here. Again, this one kind of dog legs, this one kind of dog legs back here. This
one doesn't have much of a rear yard as a result. They're both already built existing structures.
one's a single family home and one's a duplex. So we're not building anything. We just are
relocating the lot line so that we're creating two more evenly spaced properties and sized
properties. We met with the Francisville RCO. They voted 13 in support, one in opposition. So
that's all I have. I have Pat Patthija here who is the owner who if we can get him sworn in
that would be great. Pat can you raise your hand?
he was there one moment and then he disappeared the next no worries uh rachel being an officer
the court will stipulate your client would have adopted your testimony okay thank you any questions
from the board from the board no no no anyone else like to testify in this case if so please raise
your hand. There's no hands at this time, Chair. Thank you. Planning Commission. Good afternoon.
Nicole Ozdemir for Planning Commission staff. The comprehensive plan recommends no change to the
existing multi-family use here. This proposal seeks to improve dimensional lot conditions
and accordingly we recommend the granting of this variance thank you mi 2021-001-412-1728
Folsom Street my vote is yes my vote is yes my vote is yes my vote is yes again I apologize
Rachel let's skip over all good chairman thank you all right any other any unfinished business
All right. Any other, any unfinished business on the two o'clock list?
on the two o'clock list.
None. So a stenographer, I guess everybody can use a break.
It is now five of four. We'll return five after four, 10 minutes.
Okay. Thank you everyone.
Sounds good.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Okay, it's four or five.
Is our court stenographer back?
I'm looking for a question.
Yes, Chair, I am here.
Is our court stenographer present?
Yes, sir, I'm here.
I'm speaking, and I'm unmuted.
Frank, you might need to go out.
I'm thinking we might need to write to the Chair.
Hello?
Can you hear me?
Yes, we can hear you, John.
yes chair no one hearing me
i hear you frank can anyone hear me i hear you
i hear you chair i hear you frank
no one can hear me
yes I need you to go out and come back in
we can hear you but you can't hear me
okay thank you
thank you sir
can you hear me now yes sir we can hear you we hear you can you hear us i still can't hear anyone
else can you hear me now yes we can yes tanya i wonder if he has his um audio like the mic and all
set on
yeah i can't just can't hear us no how about now
we hear you doing a check i need to check now his mic or speakers are no and everything's open on my
in nothing's closed hello i hear a baby crying in the background
can you hear us now chair yes i can okay sorry about that this uh computer's like me today way
off okay Pauline we're ready to go live you're ready you can go whenever you're ready sir
thank you and Yvette and Tanya are we ready we are ready we're ready thank you good afternoon
everyone my name is Frank DiCicco I'm the chair of the zoning board of adjustment
I'll be participating in today's hearing along with our vice chair excuse me along with our
Secretary, Mr. Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James Snell.
Board Administrator, Ms. Yvette Benton, and our Board Attorney, Ms. Rebecca Cole, are also in
attendance. For those of you who haven't yet participated in one of our virtual hearings,
I'll go through some of the basics of what you can expect. First, we will be administering oaths
to individual participants prior to their hearing,
to their testimony.
Second, we'd like to advise everyone
that this proceeding is being recorded
and that by participating,
you acknowledge your agreement to be recorded
and that the recording will be made available
to the public on the web or otherwise.
Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.
Third, for anyone participating by phone.
I'll repeat. For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.
finally to enter an appearance statement call google 267-270-5548 and leave your email address
and the address of the property at issue i'll repeat to enter an appearance statement call
google 267-270-5548 and leave your email address and the address of the property at issue
i would also like to remind everyone please do not attempt to testify in the chat
any comments or questions should be directed to our board administrator miss yvette benton
uh thank you for that with that we will begin with the three the 330 list the following case
is being requested to be continued number one on our list mi 2021 dash zero zero one one one
one one nine one seven denny street d-e-n-n-i-e street request for continuance and there's also
a third party request for continuance for mi 2020 that's zero zero three eight four seven three
zero east allegheny avenue allegheny avenue that is a third party request by councilwoman
Maria Sanchez any uh anyone disagree with the request for those continuances please raise your
hand at this time if you disagree with the two continuance requests that have been been issued
have been put on the record by me please raise your hand chair we have Joseph Vaccaro with his
hand up Mr. Vaccaro you can unmute yourself and speak now good afternoon uh Mr. Chico
chairman of the board uh attorney joe vaccaro on behalf of the applicant i would actually
mr vaccaro please identify spell your full name yes thank you joseph j-o-s-e-p-h vaccaro
v-a-c-c-a-r-o address 5918 torresdale avenue philadelphia 19135 and i'm the attorney for
the applicant and i would remind you you're still under oath from earlier thank you thank you i would
actually join in that request so that so that we could meet with the community and and get the
posters etc etc thank you very much thank you so my 2020-000384-730 East Allegheny Avenue is
continued any other requests at this time for continuance or withdrawals
chair we have tina marie russell with her hand up ms russell you can unmute yourself and speak now
hi i'm representing ms russell please spell your full name and i'll swear you in
tina marie russell t-i-n-a-m-a-r-i-e-r-u-s-s-e-l-a
you swear affirm to tell the truth the whole truth nothing but the truth
I will. Thank you. Please proceed. Okay, so I'm calling on behalf of Logan Community Enterprise Center for asking for continuance for 4917 North 13th Street. There was a, it was, somehow got lost in the sauce. It went to the wrong RCO that wasn't in the district.
Okay, well, why don't we do this, Ms. Russell, not to interrupt you. You're a third-party request, so we'll have to hear from the attorney and or his client. Okay, so just hang in there for a moment, all right?
Okay, Vern and Charles, come to me.
Mr. Anastasio, please identify yourself with a record and I swear you win.
Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut, Suite 1006 Philadelphia, 19107.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Thank you.
You've heard there's a request on behalf of one of the RCOs.
Yes, I spoke to my client.
I have to respectfully object.
on the 29th of March, my paralegal, Heather Dunn, sent an email to Mr. Dan Coates and everyone else
involved on the list that the Planning Commission sent us, including but not limited to Mr. Charles
Richardson requesting a hearing, a meeting with the RCO. Mr. Coates did not reply. No one else on
Mr. Coates did not reply. No one else on that list replied except for the 35th Ward Town Watch,
that list replied except for
at which time the 35th Ward Town Watch offered to put us on their agenda.
We accepted. We did a flyer. It was for May 20th. We mailed the flyer through Vista.
we mailed it to 90 individual homes people attended we presented our case
now do we have a letter from that RCO for a position absolutely not but based on everything
that went on and transpired at that meeting folks didn't have a problem with it because
this property has always historically been a two-family dwelling surrounded by multi-family
dwellings. That set aside, I understand issues with RCOs can happen, especially during a health
crisis. Some folks are better equipped to host meetings than others, but my client should not
be prejudiced because we follow the rules here. We did exactly what we were supposed to do.
Only one RCO replied, and we went with the RCO that asked us to attend.
Who's the coordinating RCO?
uh logan oh they they did not respond no mr dan coats did not but mr bryce did under the 35th
ward and somehow he's also associated with the logan organization i don't necessarily know how
it's all intertwined apparently it's a little bit more complicated than it needs to be
but uh we met our burden mr chair all right we can go ahead with we'll hear the case and then
we'll make a decision as to hold it for a letter or whatever let's wait till we get to the case
all right all right anyone else requesting a continuance or withdrawal
chair we have charles richardson with his hand up
mr richardson you can unmute yourself and speak the richardson good afternoon please identify
yourself and i'll swear you in good afternoon mr chair charles richardson from the office of
councilwoman cindy bass room 312 city hall uh spent a firm to tell the truth the whole truth
nothing but the truth i do thank you spent the last yeah we just spent the last half an hour
trying to unravel uh what was going on with the with with the case that mr anastasio and miss uh
miss uh russell were referring to uh there are two logan civic associations over there one is
the Logan Civic Association proper, and the other is Logan Enterprise Council. The coordinating RCO
that was assigned at that time was Logan Enterprise, and they actually have a bad email
address to an individual that does not actually handle the RCO process. Ms. Tina Marie Russell
handles the process. And she was never notified, unfortunately, because of the fact that, you know,
they had reached out to the wrong individual and that's not their fault at all. Mr. Eric Bryce
with the Logan Civic, which is the one that Mr. Anastasio keeps referring to as the 35th,
but that's just his email address. He responded, even though the Logan Civic Association at the
time was not accepting cases, to my knowledge, because of the fact that COVID was going on. So
this meeting took place without our knowledge. We had no knowledge that it took place. And we
actually just I just spoke to his associate, Charlene Samuels, who sent me finally the report.
And I also forwarded to Mr. Anastasio now that he has it, the meeting summary and everything that
shows that they were opposed to the granting of the variants. So now we have something that we
can go on. So we can move forward with this, but I just needed to put forward the actual situation
that had taken place so that there was a total transparency with regard to the situation.
The three of us were racking heads for the last half an hour trying to figure out what happened.
and now finally got some clarity on that.
So correct me if I'm wrong,
your position is to move forward with the hearing.
They can move forward with it
because we now have a correspondence from the RCO, right.
And although you guys don't have it,
I don't think at this point,
but I can forward it to Sharon or whomever
and then you'll have a copy of that as well.
let's well when we get to the case we're here and we'll make a decision as the next steps
thank you all right anyone else requesting a continuance or withdrawal please raise your hand
All right. Anyone else requesting a continuance or withdrawal, please raise your hand.
There are no hands at this time, Chair.
Thank you. We'll go to case number two on the list, MI 2021-001107, 2102 St. Vincent Street.
There are no exhibits, and this is the first listing. Is there anyone there for 2102 St. Vincent Street?
No hands, Chair.
QMI 2021-001107, 2102 St. Vincent Street is continued.
Next case, number three, MI 2021, that's 001114, 3628 Wharton Street.
There's a letter of support from the Tasker Morris Neighborhood Association.
I see no hands, Chair.
Frank, there's no deed, no tax clearances.
Jennifer, are you here?
I thought, I think Karen said that it was submitted earlier today.
I think I understand.
Yes, it was submitted at the last minute.
It was submitted.
Those documents were submitted.
Is there anyone here for 3628 Wharton Street?
Jennifer Nugent, are you here to present your case?
Please raise your hand.
She just put her hand up.
She's been promoted to panelists.
Good afternoon, ma'am.
Please spell your full name and I'll swear you in.
You have to unmute yourself, ma'am.
Jennifer?
Unmute yourself, please.
There you go.
Please spell your full name.
My first name, Jennifer.
My last name, Nguyen, N-G-U-Y-E-N.
How are you doing?
I'm well. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Okay ma'am, please proceed.
Tell us what it is you're asking this board to approve.
Yes, I told you I live 2510 I'm in on land now. I just try to want to build the house over here
and then too much traffic back and forth do i want to go back to south philly
um excuse me ma'am do you have anything you could show us exhibits you can show us
on your computer show us the plan is it a single is it a single family home
how many how many families one family one family dwelling do you have any pictures or diagrams of
what you're proposing to build yes my engineer sent to you everything i'm happy to okay
her engineer email everything but um she'll share it to you right now
are you able to share that on the computer with us she's we're trying right now
while we're waiting for that maybe i'll go a little out of order it's unusual the planning
commission do you have a copy of the plan in front of you we do not oh ron you're gonna have
to i have to swear you in ron please let that okay yes do you see that yeah okay all right
hold off ron yeah could you make that a little bit larger please
that's good that's good you just had it good thank you all right just please proceed let's see
unanimous support do you have any diagrams pictures yeah let's try to share it right now
Thank you.
Thank you.
the young lady who's helping miss Nugent um oh here you go you had something now okay
if you can enlarge that that would be helpful sure and ma'am since it seems like you're going
to be the one to be answering questions could you please identify yourself in the record and
i swear you in yes um my first name is memories and last name no one i am jennifer no one sister
you spell your name m-e-m-o-r-i-e-s
last name no one same as jennifer m-g-u-y-e-n you swear from to tell the truth the whole truth
nothing about the truth yes so jennifer is supposed to be the one speaking but obviously
she is having some technical issues so um could you answer what the height of that building will
be 55 feet six inches that's to the top of the pilot house I think
what what blow are you talking about the roof line the roof line
I think it's 35.
Could you make out anything on that?
It looks like 37.6.
Okay. That's to the roof line. Then we got the pilot house to deal with. Okay.
Yeah. 30, 30, 37, 37, home six.
That's the pilot. Correct. Okay. All right. So, all right.
And it's a single family home, correct? Yes.
One family. All right. I don't know.
Does the board need to see anything else? I'm not trying to rush it.
no i'm okay i'm okay all right um is there anyone else out there who would like to testify
in this case please raise your hand
i see no hands at this time chair thank you planning commission ronda swear you
ron bednar that's r-o-n last name bednar b-e-d-n-a-r you swear for him to tell the truth
the whole truth nothing but the truth yes thank you ron please proceed uh the property is indicated
for residential use on the city plan we recommend that the request advance be granted thank you
mi 2021-001114 3628 wharton street my vote is yes my vote is yes my vote is yes my vote is yes
Okay, Ms. Nugent, everything was approved. Welcome back to South Philadelphia. Next case, MI 2021, that's 001104-4917 North 13th Street. Mr. Anastasio, you've already been sworn in. Mr. Plaza will have some questions for you.
Mr. Anastasio, you agree to waive the reading of his refusal and stipulate to its accuracy?
in fact that he's coming back in as a panelist now oh okay thank you
yes sir mr anastasia you agree to wake the reading of its refusal and stipulate to the
attackers i do and have you emailed an exhibit packet with the required documents proof of
ownership proof of tech compliance copy of the refusal over for photos and plans five days prior
to this hearing i did and have you met with the rco and have a letter um yes
And have you met with the RCO and have a letter?
Thank you.
Please proceed.
Thank you.
I'm going to share my screen if that's okay.
This is the flyer for the subject property where we did, in fact, attend an RCO meeting
on May 10th, 2021.
We mailed out to 90 separate households.
We have tax clearance.
I also want to show you some history of the property went from a one-family to a two-family
one-family to a two-family right here you have proof that it's a two-family history
again a two-family. I want to go over, just for one second, let's go to page eight.
as you can see this is a semi-detached property it has physically two front doors one on the left
side of the property one on the right side of the property and these are not recently installed
one door takes the visitor up to the top floors the door on the right takes the visitor to the
first floor for one apartment. This wasn't recently done. This has been like this for
literal decades, and there's clear evidence of entrance. Two entrances is evidence of two
separate units. I also want to take you to page nine. That's the front. See the two doors with
a window in between. And we have again the door on the left takes you straight
upstairs to the second floor unit. The door on the right takes you into a
a living room, a dining room, a kitchen with a full bath.
Give me one second, please.
Our second floor up the stairs
takes you into a large kitchen living area.
There's a bedroom in the center,
large living room in the rear, and then three full bedrooms on the third floor.
We have plenty of ample space for storage of trash, which has been used on the side.
Both tenants will have access to this gate so that trash can come in and out easily.
proof of posting
and now let's walk that there's the property again
now let's walk down the block a little you're going to see several properties
that are set up exactly the same way two doors equaling two units here's a property
with one, two, three mailboxes right down the block.
This is all on the same block, same street.
Two mailboxes, one door, one mailbox,
another door, a large triplex.
Another duplex right down the block.
Duplex on one side, duplex on another.
Again, property with two doors.
so this was a common thing to do back in the 50s. Across the street is a very large multifamily
dwelling and by the way all of these have been approved by L&I and or the zoning board as
recently as 2017-2018. Again we are 4917 North 13th and here are the following neighbors.
4903, a legal three-family dwelling, 4905, a legal three-family dwelling.
a legal three family dwelling, 4905 a legal three family dwelling, 4907 a legal two family dwelling,
4909 a legal three family dwelling, 4911 a legal three family dwelling, 4915 a legal three family
dwelling, 4919 a legal duplex, 4923 legal three family dwelling permit issued 2018,
4927, three-family dwelling, 4931, three-family dwelling. And that's before we get across the
street to this very large multifamily dwelling. So I just want to make sure that we're clear
that if this were to have to be reconverted somehow facade-wise and interior-wise as a
single family home it would be one of maybe four single family homes on the entire block and one
of those four uh in addition to this particular one is is you know well not this particular one
but one of those four is vacant boarded up so i've already showed you the history of this
particular property and it's our position that because the property has a standing use as a
two-family dwelling and a history of it, and because a multifamily block, and it's uniquely
laid out inside and unique outside to suggest a two-family dwelling, where making it one family
would, in fact, as a single family, be both physically impracticable and financially
unmarketable. For those reasons, we respectfully request the granting of this variance,
And if there's nothing else at the moment, I would like to ask my client, Leran, to raise his hand.
My name's last name.
Shoshan, you can unmute yourself and speak now.
Good afternoon, sir.
Please, I spell your full name.
Leran Ben Shoshan.
L-I-R-A-N
S-H-A-N
Do you swear or affirm to tell the truth, the whole truth,
nothing but the truth?
Thank you.
Leron, did you hear my presentation to the board
this afternoon?
Is it true and accurate to the best of your knowledge?
And do you adopt it as your own testimony if need be?
Thank you, Leron.
Mr. Chairman, I'm open for questions.
Could you go back to the print that shows the second floor interior?
How many bedrooms are there in that second and third floor unit?
The second and third floor unit have four bedroom total.
First floor has?
One bedroom total.
Questions from the board.
Oh, no. All right. Anyone else would like to testify in this case? Please raise your hand.
We have Mr. Charles Richardson. Mr. Richardson, you can unmute yourself and speak.
Richardson, just identify yourself. You're still on the road.
Good afternoon again, Mr. Chair. The Logan Civic Association, unbeknownst to us, had conducted a RCO meeting back on
May the uh 10th and uh there were 18 people in attendance uh 17 and the vote was 17 to 1
in opposition the one uh who voted in favor was the uh the young lady who lives in the property
right now and has been you know living in the entire property uh with her family from my
understanding so uh there was a according to the logan civic they they uh feel that there was a
misrepresentation on the layout of the building because of the fact that the young lady has been
living throughout the entire property so uh in support of the of the uh civic association and
the near neighbors we are uh going to be opposing the granting of the variance for this property
Mr. Richardson, is Logan Civic the same as Logan Community Enterprise Center?
No, those are two separate RCOs.
And the coordinating RCO, I want to be clear again.
The one that we had selected was the Logan Community Enterprise.
And they didn't respond.
The individual who is on record to be the chair of the RCO received the email, but he did not respond.
The Tina Marie Russell is that is the actual person who handles all of the RCO business.
But from my understanding, and I got no further.
But from my understanding, I got no further communications from anybody with regard to this. This is why I was tracking down everything at the last minute today, trying to figure out who actually did this, if anything had taken place.
So there actually was an RCO meeting. But, you know, we had no knowledge of the RCO meeting taking place or anything. So, you know, again, we support the community. So we will be opposing the granting of the variance.
Mr. Chairman, respectfully, I just saw this letter that came out, because it was just forwarded to me on my cell phone minutes ago. I don't believe it says that 17 attendees opposed it.
uh it it only says it said there were 17 attendees and one attendee who was a near neighbor who is
in fact the property occupant um and and that the community group in and of itself is opposing it
they're opposing it but they don't tell us the number of folks who actually voted against it
or the number of folks who voted for at least i didn't see that in the tally
at all and as far as the misrepresentate you can't misrepresent two separate doors and the
facade nor can you misrepresent the photos the fact of the matter is because it's not zoned
for a duplex one person is there uh and we can't put another person in there and she's using both
units well we can't put one person in there until we have zoning for the two separate units she's
been there for quite a while uh she at one point one part of her family was living in one unit and
one and she and another part of her family were living in second but there's never been any
question or dispute that there's not two separate units richardson you sound like you were about to
say something yes sir uh you know and and and verne will say this is hearsay but i did speak
with charlene samuels who is the the the person who runs the rco over on you know for logan civic
and she was the one that did say that it was 17 to one and that the only person that voted for the
for the property for the property to be changed was the lady that's living in the property at
this point so uh you know while i don't you know it may be hearsay but that is an actual fact though
he's correct i have to object as hearsay for the record of course i understood sustained
uh the current what we're looking at now is that the current layout of the of the second and third
floor or is that what's being proposed absolutely no this is it absolutely positively there's two
separate doors in the facade of that property one door takes you right upstairs to the second
and floor unit one door takes you right uh to the first floor for that one bedroom i get that i just
again i wanted the second and third floor are laid out exactly what we're looking at now do you have
any photographs there are yes of course interior photographs of course yes
they're not marked perhaps which floor and what you know what unit but yeah this is all
renovations to be done here wow yeah so it's a lot and and um again we're we're on a multi-family
block a single understood i think you made that point single family home isn't going to work here
regardless so market market wise understood understood i think you made that point quite
well thank you uh any questions from the board no no no anyone else to testify in this case
please raise your hand yeah we have a tammy stanford the stanford you can unmute yourself and speak
hello good afternoon please
because i'm at room right now so i'm in one of their rooms so i'm not going to talk too loud
could you spell your first and last name please okay s-t-a-n-f-i-e-l-d
first name tammy t-a-m-m-i-e where and from to tell the truth the whole truth nothing but the
truth? Yes, I am. Please proceed, ma'am. I can't hardly hear you. Please proceed with your
You please proceed with your testimony. I was just wanted to say the way he described the
testimony. Okay. I was just wanted to say the way he did.
house that I'm living in it for 18 years right now is not the way it is. That door, extra door
there. Excuse me, excuse me of interrupting. You live in the property? Yes, I live there.
I've been living there for 18 years. Okay, continue. Okay, so I'm not disputing that he
wants the place for that. I don't have nothing against that. I'm just going to describe this
house to you to get a better picture of what it looks like I have a kitchen on the first floor a
dining room and a living room and it's a bathroom like in the kitchen area in a shared kitchen
now with the bedrooms part it's all open if I come in my living room I can walk where that
door is open at that door doesn't have nothing to do with me going up them stairs it never was a
two place my family when they lived there they was kids and it never was a duplex when I lived
there where it was a two-family dwelling. It was always one where my family and I lived there. As
the kids got older, they moved on. I had three bedrooms on the second floor. It's three bedrooms
and a bathroom. On the third floor, it's also three bedrooms, no bathroom up there. It's just
three bedrooms, and it's a closet. But if that extra door that he keeps saying goes into another
property, it doesn't. It goes straight to my mother's bedroom. If you walk up the steps,
you're going to hit my mother's bedroom, and you're going to go down the hall, you're going
hit a middle room and then you're going to see a bathroom then the room i sleep in
it's it's made into just a single family home it's not no i'm not i didn't ever live in a duplex
where it was a two-family home it can be a two-family home if that's what mr leron wants i
don't have no problem with him saying that's what he wants this is home but i just want me to it to
be fairly said what it what it looks like inside thank you thank you okay anyone um i'm sorry mr
Anastasia you have any questions and I think we may have lost Vernon for a while can you unmute
yourself I think it bellies the point that we were trying to make with the two as you said the side
door opens up to a a whole other bedroom suite which is a one-family dwelling now whether or
not throughout the years certain things may have been taken out of kit you know of a kitchen or
a bathroom I can't say but this is two separate units that it has been treated as one family
dwelling. Are these utilities separated? They have not been no. Anyone else to testify in this case
please raise your hand and that's only that's because it was used by the same family for
generations anyone else to testify we have miss tina marie russell yeah miss russell sorry to cut
you off earlier we're trying to get an understanding of who was the rco so please
uh identify yourself you're still on the roof thank you tina marie vessel um local community
civic association local community enterprise center i'm sorry my brain's all torn up
local community enterprise center um and i'm calling i'm i'm going to side with the
um the coordinator um local community local civic association um i don't really see we had
testimony from the woman who's lived in the building. And also Vern, also the attorney said
that this was being used as a single family home for generations. And he also testified to said that
the building was used as a single family home. So it exonerates what the woman who lived there
said that this is a single family home. The separate door that she identified is just because
her mother was elderly and she has a space for her mother most people most logan houses do have
a space for their grand their in-laws in-law spaces so it doesn't mean it's a separate as
its utilities show you it's not a duplex it is definitely a single family home also we did a
20 35 year plan right before covid in which one of the focus points for almost all the community
organizations was to regain home ownership. The oversaturation that's shown on this block
is one of the reasons why. It's oversaturated. It actually removes home ownerships. And that's
not something that the community organizations, along with the Philadelphia Commerce Department,
is working with us to try to rebuild our communities. And so this particular project
will take us away from that planning process that we did work so hard for on the 20-35 year plan.
um so as you know we've been really trying to focus our multi-family homes um different areas
So as you know, we've been really trying to focus our
and we're really wanting to reduce the multi-family homes that we have and bring back home ownership
um because it's something that is we felt there's a value and it's what we planned for along with
the city in the planning commission which is one reason why the is zoned the way it is um so we
don't really feel that the applicant will have a hardship because people are already living in that
property as single families and we also would like to reduce that trash as well as the parking
issues and this will I don't we don't really see that this is a hardship and we are working
we're siding with the coordinator at this time which was Logan Enterprise and Logan
Civic Association with keeping this as a single family home. Mr. Chairman if I may just briefly
i want to clarify my comment i said that it was operated for generations by a single family but
both units were used and as the occupant said herself that separate door leads to a an entire
suite you know call it a mother-in-law suite call it a second family dwelling the fact of the matter
There are two units and to convert not just the interior, but the exterior facade would not only be, you know, physically difficult to do, but financially impractical, unmarketable when you're literally surrounded by two, three, four, five family dwellings.
And again, refresh my memory. When was your when did your client purchase this property?
2013, I think the D is somewhere around there.
Seven, eight years ago.
All right.
Anyone else to testify in this case?
There are no hands up this time.
All right, Planning Commission.
Ron Bednar, City Planning.
This property is indicated for single-family residential use on the city plan.
We believe the applicant has not demonstrated necessary hardship regarding the use requirements in the code.
Application is not consistent with our adopted district plan.
We recommend the request for variance not to be granted.
And Mr. Chair, I thank Mr. Ron for that.
I just want to make sure that we understand as the history shows,
nowhere in the record is there a permit for a single family dwelling,
but consistently I've been able to show you a history of permits for two family dwellings.
Well, the thing in this property, this property's history is exclusively to family dwelling.
I can appreciate what you're saying, Mr. Anastasio, that it was used, but the fact that they're not separate utilities kind of goes against the grain as far as I'm concerned.
it's because of one single family occupied both units i know that you don't see that too often
i would prefer that i prefer to see two electric meters as well but if you're using one of those
units as a mother-in-law suite you would not necessarily ask mom for the well you know to
have a separate bill excuse me it's all one family so it's not like it's just two separate families
Yes, Mr. Holloman. That's correct. Yeah. Excuse me. Is there two existing kitchens?
Well, what there is one functioning kitchen and because there was only that one individual living
there with her family, the actual appliances were removed, but the kitchen mechanism,
the infrastructure still exists thank you thank you I'm going to recommend that the board that
the record be closed and the board will discuss and make a decision at next Wednesday's executive
session thank you all right I think we go to number six now MI 2020-003-239-7347 Oxford Avenue
there's a letter of non-opposition from councilman o'neill and there's a letter
no letter received unless you have it mr jen uh on bromhall town watch
mr jen is coming back in as a panelist now good afternoon mr jen please identify yourself you're
still on the road. Yes, good afternoon. Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard,
Suite 1838, photo of EPA 19103 here on behalf of the applicants.
Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.
I didn't catch the last part about the second letter.
We only have a letter from the councilman's office.
Yeah, I was saying that we did.
I see that the notation is there were no RCO letter from Braunfels.
There was no letter from them.
That's correct.
But the councilman's representative was actually present.
I will get to that.
Real quick, do you agree to waive the reading of its refusal and stipulate to its accuracy?
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?
Have you met with the RCO and have a letter?
We don't have the letter from the RCO, but we have a letter from the councilman's office.
Thank you. Please proceed.
Thank you.
This is actually a second half of a two-part application, partly because this application was originally part of a twin house, and they're not currently consolidated as lots.
So we were before the board about a week ago with the first part of this application, which is the other half of the house.
Let me first actually jump to the photograph, and let me share the information with the board.
it'll better show exactly what we're discussing and what we're asking for before the ZBA.
So first thing, this is an application to use an existing structure as a cultural exhibit
and slash library in essence an Asian cultural museum of sorts with documentation storage above
in the upper floors. So this property is actually an older twin building. My client has purchased
the entire structure, but it is addressed as two separate properties. And we had to present
45 last week, and this is the other half. Essentially, what we're requesting before
the board is to allow this property to be used without any exterior modifications. We're hoping
to keep the exterior because it's a very nice exterior design. So we're going to refresh and
keep the exterior. And even the interior, the goal here is to minimize extensive changes to
the interior, but essentially open this house, what was a twin house, up into what is going to
be a Asian American cultural exhibit museum.
My client is a nonprofit organization
that has also partnered with other organizations in China,
here in Philadelphia with the various Chinese organizations
in Chinatown, as well as various organizations
in California and other parts of the United States
to try to concentrate and gather the Asian American experience
and documents, paperwork, history of people coming from China and other parts of, and coming to
America and basically growing up here in America, that along with art, historical artifacts, and
other pieces will be exhibited at this location. When we met with the RCO and with the councilman's
assistant who was present. This was all discussed in detail, and we received support with the idea
that the house itself really isn't situated in a place that would make it really suitable as
just pure residence. It also has a rather large plot of land behind it, which makes it possible
in the future for us to actually provide some parking. I'm sorry, I'm hearing a little
noise. Can everyone still hear me okay? Yes. Okay, great. So we also have a large plot of land
that's part of the parcel behind that may be converted in the future into a parking area if
enough people are starting to visit this location. There will be no on-site living at all. This will
be purely for storage of information, artifacts, and exhibits. And it would operate on a, basically
it will be an operating hour situation, much like most museums, where it will be open to the public
and people can come in and learn of Asian culture. That is the main goal of this exhibit,
to share the culture with people of Philadelphia and surrounding areas. My client's organization
is quite excited about this possibility.
this possibility. And again, I believe the neighborhood as well as the councilman's
And again, I believe the neighborhood
office also was quite supportive of our request. So with that, I will be happy to answer any
questions or show any other exhibits the board would like to see. Do you have a client with you
today? I should. I believe we normally have Mr. Drew here. I don't know. Can you raise your hand
Or unfortunately, because it's an organization, I may have one of three individuals here today.
It's okay if you don't.
We can stipulate.
I didn't know if you needed to bring anyone.
I think I would like my client at least to, because we didn't do that with the first presentation,
I would like to at least have someone verify my testimony for the purpose of record keeping in this case.
Give us a name.
Ms. Benton will recognize that person.
Let me see.
Is Stephen Drew present, ZHU?
If not, yes, I see Steven. He just needs to raise his hand.
Okay, great.
Mr. Zhu, can you please raise your hand?
I mean, in the interest of time, Chairman, I understand the board has had a long day.
if if my client cannot get his system working at the moment i'll be happy to stipulate stipulate
you being an officer of court your client would have adopted your testimony any questions from
the board no no no anyone else would like to testify in this case please raise your hand
i see no hands at this time chair thank you planning commission on bednar city planning
the wireless property is currently indicated for residential use on the city plan we recommend
thank you mi 2020 does zero zero three two three nine seven three four seven oxford avenue my vote
is yes. My vote is yes.
My vote is yes.
2021-001090
809 Diamond
Street, Parcel D
as in David.
There's a letter of non-opposition from
the Association of
Puerto Rico.
I'm not sure what the rest of that is,
confessor.
Chairman, we have Jeffrey Young coming back in as a panelist.
Good afternoon, Mr. Young.
Please identify yourself when you're on and I'll swear you in.
Good afternoon, members of the board.
Jeffrey Young here on behalf of the applicant Frankl and property owner Frankl Enterprises
excuse me 800 diamond LLC excuse me. Young do you swear for him to tell the truth the whole truth
nothing but the truth? Yes. Sir please proceed. Mr. Young you agree to wait the reading of its
refusal and stipulate to its accuracy? Yes. 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 yes and have you met with the rco and have a
letter yes we have thank you please proceed thank you i'm going to proceed to share my screen
again members of the board uh jeffrey young uh here representing the applicant um and property
owner 800 Diamond LLC requesting the variance for 809 Diamond Street. With my exhibits is the table
of contents, tax clearance, deed, zoning map, the refusal, plans, renderings, pictures, RCO letters,
the neighbor notification, proof mailing, previous zoning decisions for this property,
current zoning permits, and the previous letter from the RCO. As you see here is our tax clearance
for 800 Diamond LLC, the property owner. Here's the D for the property to 800 Diamond LLC.
And here is a zoning map for the area. Currently, our property is zoned CMX2,
But if you see in the neighboring properties, this is a primarily an RM1 neighborhood.
neighborhood. We have one refusal. Currently, the applicant here only seeks to deviate from some
dimensional requirement of the zoning code. We are denied for non-compliance with section 146045C4
of the code regarding our roof deck access structure. And we do not meet the current
setback requirements of this particular section of the code. However, we are in compliant with
the other provisions within 146045C of the code. The roof deck access structure only serves to
enclose the excess stairs. The roof deck access structure does not exceed 125 square feet,
and the roof deck access structure does not exceed 10 feet in height above the surface of the roof
deck area. So again, we're asking for a de minimis variance request. Here are our plans.
You'll see our roof deck structures here are, again, our compliant 10 feet high.
However, our roof structure starts at the beginning of our property line.
As I go through the renderings, you'll get a better picture of what the roof deck is proposed to look like.
Can you, I'm sorry, I zoomed out too far.
and still zooming out
can you still hear me am i frozen we can hear you okay all right i'll move on um i'm trying
to pull up the uh the rendering of the roof the roof deck structure um here we go
get back to this page here great here we go so as you see um here from our renderings our
um roof access uh starts at the property line um we have two roof access structures
to be compliant with the egress in the building code
because we have a public roof deck.
So we are required to have two access structures.
As you can see, they're both flush with the property line.
However, our design seeks to meet the spirit of the code
because no one accessing the roof will be visible from the street
as our entrances are 15 feet, eight and a half inches from the property line.
And as you can see, the egress is toward the middle of the roof deck.
So the direction of egress out to the roof access, you know, will not allow anyone to be seen from the street.
in all actuality if we were to set the property back to be code compliant we will only have to
our entrance will only have to be 10 feet from the property line and here we're an additional
five feet away from the property line where someone actually accessed the roof so in meaning
the spirit of the code you know we've tried to do a design where you know the the egress point
is furthest away from the roof line as possible.
Here, just pictures of the current property.
Currently, it's a vacant lot.
If you look in the neighborhood, the neighborhood is being developed now.
It's primarily vacant lots.
I actually received 83 notification letters back because of the vacancies in this neighborhood.
And as you can see from the pictures here, every new construction property has a roof deck and a roof deck access.
So given the design of our property, we're particularly given how this neighborhood will be developed, we will be within the characteristics of how this neighborhood will look.
This picture here, just again, the sense of neighborhood across the street.
It's primarily a multifamily residential area.
There is a playground a half a block away from us.
And here corner stores, typical corner stores.
And here, corner stores, typical corner stores on the other side of the playground.
Again, this is another look on Darien Street, another block, vacancies across the street from us, directly across the street, another vacancy.
So again, this neighborhood is under development as we speak.
Here's our letter from APM.
Again, there were no one attended our community meeting.
Again, we received 83 letters returned in the mail because the properties were vacant, but letters were sent out.
We hosted a community meeting.
We had this letter of no opinion from APM, given the fact that no one attended our community meeting.
This is a copy of the letter that was sent out.
Here is a copy of our certificates of mailing that was sent out.
And again, I haven't issued the Zoom here, but we mail the letters.
Here's a current notice of decision for this property.
This property was before the board in October, granting the variances for lot line consolidation
and adding some additional units.
However, during that phase, we did not apply for the roof deck.
we would have applied for their roof deck in that application.
However, we subsequently had to apply for the roof deck.
Here's a permit right now, currently on file for the lot line relocation
and for the 11 units that are permitted here.
And with that, I'll take any questions from members of the board.
Thank you, Mr. Young. Do you have a client that you need to have to adopt your testimony?
Yes, my client, Zach Frankel, is on the line.
Mr. Frankel, you can unmute yourself and speak now.
Good afternoon, Zach. Please identify yourself, spell your first and last name, and I'll swear you in.
Good afternoon. My name is Zachary Frankel, Z-A-C-H-A-R-Y-F-R-A-N-K-E-L.
You swear for him to tell the truth, the whole truth, nothing but the truth?
Absolutely, yes.
Thank you.
Mr. Young?
Mr. Franco, did you hear my testimony?
I did.
And do you stipulate to its accuracy?
And do you adopt my testimony as your own?
Thank you.
With that, I'll accept any questions from the board.
Any questions from the board?
Anyone else like to testify in this case?
please raise your hand there are no hands at this time chair thank you uh planning commission
run bednor city planning um while this property is indicated for mixed commercial mixed use on
the city plan we recommend your request of variance be permitted thank you ron mi 2021
that's 001090. 809 Diamond Street, Parcel D, my vote is yes.
My vote is yes. My vote is yes. My vote is yes.
Thank you. I believe that concludes the 3.30 list. Any outstanding issues, Tanya, Rebecca?
Yes, Chair, that concludes, but could you please make the announcement to check and see if there
is anything we missed for today if we missed anyone is anyone waiting to be heard if so please raise
your hand there's anyone not hands at this time chair thank you i think that concludes everything
everything thank you again everyone especially the folks behind the scenes stay safe thank you
have a good weekend thanks frank if i could just ask um jason um could you give rebecca
the decisions for parkside is that what you needed rebecca yes thank you
and while you're on tanya we i have not i have not yet received the schedule i don't know about
the other folks but i've not yet sure i'll resend it frank okay thank you everyone have a safe
take care