number three thank you thank you Mr. Chairman have a great day everyone right MI 2022 000 302
4459 Silverwood Street Allison Roof Burkhart is the owner pro se
um letter of support from the Mani Yonk neighborhood council
Ms. Burkhardt has been promoted to panelist, sir. She'll be rejoining shortly.
Hello.
Hi, Ms. Burkhardt. Could you state your name and then spell it for the court reporter, please?
Sure. My name is Allison Roof Burkhardt, A-L-L-I-S-O-N. Last name, two words, Roof, R-U-F, as in Frank, E, Burkhardt, B-U-R-K-A-R-D.
Do you swear or, please, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Our Vice Chair, Carol Tenere, has a few questions for you.
Hi, good afternoon. Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing? And have you met with the RCO? And do you have a letter?
Okay, you may proceed and share your screen.
All right, is that up for everybody?
It is.
All right, great.
So good afternoon. Thank you. My name is Allison Ruth Burkhardt and my husband Andrew Burkhardt
and I live and we own and live at 4459 Silverwood Street and we have a variance application to
present you to you today. So we went last month to the RCO on April 6th and received a letter
of support from them. Our property is located in the Maniunk-Rocksboro section of Philadelphia.
It's near the intersection of Carson and Silverwood Street. It's on the northeast side of a residential
street. The zoning is RSA 5 with a fourth district overlay. And you can see here the view coming down
Silver Ridge Street in the same direction the traffic flows. The street sign on the right
is for Carson and the property here is on the left.
So here's the property. This is our house 4459 on the right. On the left is 4461 and the driveway
and the building in between is really what we're going to be talking about. It's currently part
the 4461 parcel and we're hoping to purchase it and make it part of the 4459 property.
Our goal really is to maintain the existing configuration of the property, preserve the
existing parking, the light space, open air, and the vegetation that's there. And we did post the
zoning notice at the property. There are photos of that in a separate exhibit document.
here's the site from the other direction green lane is beyond
so we had these plans prepared by a civil engineer they got
survey district approval and then they were submitted to lni for the zoning permit application
and then they were submitted to L&I for the zoning permit application.
And the properties are owned independently, 4459 is owned by us, our neighbors own 4461,
so we also submitted this letter of authorization that's included also in the exhibit packet.
So for the proposed lot line adjustment, you can see here that the existing property line is between
4461 and 4459 and we're proposing to relocate it to the other side of the property.
When we submitted that permit application we got this notice of refusal from the survey district
or from we got approval from the survey district but notice of refusal from LNI.
The lots themselves comply with all the required area and frontage things. The variances that are
requested that are required or related to existing conditions. There's two use variances and one bulk
variance. So we did a little research. Here you can see the property. This map is from an atlas
created in 1929 and revised in 1945 so the configuration of the property with the building
on 4459 the building on 4461 and the building at the rear of the property has existed since at least
1945 and we're not sure exactly about the time frame of the parking use between but it's been
there at least at least since the 90s when our neighborhood bought it our old neighborhood bought
it and there's a 1973 document in the public record that labels this building as a garage.
So as far as we can tell, it's been there for quite some time.
So our variance request summary, like I said, we're not planning to modify anything about
the existing conditions. It's really just the lot line adjustment that has prompted
the variance requirements. The conditions right now are grandfathered to the 4461 lot,
but would become part of the 4459 property with the purchase agreement. So the existing property
line is here just to be relocated to the other side of the driveway. The existing parking use
is to remain. The existing building at the rear of the property is to remain. And that's a use
variance for a second principal building on the property. That's what L&I determined for that
existing building. And the dimensional variance is for the rear setback. It's right on the property
line. There's a four foot alley behind it. And then there's a parking lot on the other side of
that um whoops oh sorry about that so um i also have here the um all the exhibit document that
includes all all the additional information with our certificate of tax compliance deeds for the
property existing and proposed um but it's fairly straightforward it's really just um
this lot line adjustment that will require the grandfathered conditions to be you know to be
changed um so uh that's all i have i'm happy to answer any questions questions from the board
thank you no mr chairman no mr chair questions or comments from the virtual questions or comments
from the virtual audience
i did not see any hands mr chair planning commission
good afternoon chair peter bernard for the planning commission
the comprehensive plan recommends no change to the existing rsa 5 single family residential
zoning at this location we feel the applicant has demonstrated a long-standing use and that the
lot line adjustment is de minimis accordingly the planning commission recommends the board
grant the variances mi 2022 000 302 4459 silverwood street i vote yes harold tenere my vote is yes
thomas halliman my vote is yes james snell my vote is yes yes thank you thank you okay
MI 2022
5316 Diamond
Street, Allen
Nocklinson.
Coordinating
Coordinating letter of opposition
letter of
opposition from
from the Coordinating RCO
the coordinator
Winfield Residents Association.
Mr. Nockamson, let me get back in
as a panelist, sir.
Good afternoon, Mr. Chair
Members of the Board, Alan Nockamson
of Nockamson PCV.
Mr. Nockamson, could you, being you've already sworn,
could you identify your client
and the relationship to the property?
Yes, her name is Brenda Howard. She is actually the owner of the property.
Our Vice Chair, Carol Tenere, has a few questions.
Mr. Nockamson, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,
voted as under plans of the property five days in advance of this hearing, and have you met with your CO, and do you have a letter?
Yes, in all respects.
Okay, you may proceed.
I may share your screen.
All right, so I'm here to present 5316 Diamond Street.
In my presentation packet, you'll see the notice of refusal, the correspondence from the Winfield Residence Association, a petition.
um there's 102 addresses within the affected area uh my client actually got almost all of
those addresses uh to support her project and we'll show you that um there are of the 102 she
has 85 uh signatures showing support from those properties uh 10 of them of those 108 102 are
vacant lots uh one is her property uh there are two uh in opposition so she was honest about that
and the remaining uh homes were not available uh so you know she really did make a conservative
effort to reach out to the community a little information about her bake shop is nisera's
Bake Shop. We have, you know, the internet site. Miss Howard lives at the property. She has
cooked from her home in her kitchen, baking goods for special events. And, you know, she does have
one restaurant client. Given the volume of business, she wanted to create a commercial
kitchen in her basement level where the garage is. And we'll go through that as well in terms
of our architectural plans and drawings we did provide uh you'll see uh nearby residentially
zoned commercial uses according to google maps uh we have maps of the area photographs of the
property in the surrounding area our meeting notice showing that we did meet with the community
and we did notify the surrounding uh property owners our application for appeal to zba our deed
to the property showing that miss howard is the owner and their certificate of tax clearance at
At the conclusion of my presentation, we will have Ms. Howard adopt my testimony and, you know, we'll, you know, we'll feel, you know, we'll take, we'll feel questions from the ZBA.
Notice of refusal.
So this is an RSA-5 property.
This is an application for wholesale sales and distribution in the same building as an existing single family home.
plainly stated all we're trying to do is she's she's trying to bake her goods in a more commercial
like kitchen to deal with the volume that she has she's willing to agree to a temporary variance of
five years there will be no customers coming to the site she does have off-street parking in the
rear and as you're going to see we have overwhelming support from her nearby neighbors and people
within the affected area. Now, with that being said, I mean, we were really surprised. Ms. Howard
hired me to handle the, you know, the community meeting as well as this hearing. She handled the
rest of this, including mailing all of the letters and giving the requisite notice to the surrounding
properties. But we were really shocked, honestly, that there was such overwhelming opposition from
the people in that meeting. Now, I will say this, that there were two other projects that seemed to
be very controversial prior to hers. I think that those individuals who were not in the affected
area stayed and voted in opposition to this project. Even the introduction by the head
of the coordinating RCO seemed like, okay, this is a straightforward project. Let's present and
less votes and then all of a sudden we found out that we lost overwhelmingly um so that's why we
really did make a concerted effort to like reach the nearby neighbors so this is the map we're
green right here and this is all the anything that's in red is particular
And this is all the, anything that's in red is petition signatures, anything yellow, we got letters to support.
But as you can see from all these properties, there are 86 properties, one of ours, but the rest is everyone else.
We got 85 people, excuse me, 85 addresses in support of this project.
There's only 102 affected addresses.
We got everyone, including the people, to left and right of us and right behind us to support us.
So I can't speak to who was at that meeting.
Maybe the individual who is the head of the coordinating RCO could shed light on this.
But we were really shocked about this.
So as you can see, my client reached Lebanon is, by the way, right behind us.
Right. So she literally hand wrote like all the addresses and then went to every single address.
painstakingly over the course of several weeks to make sure she got everyone she could to decide
if they were in support or in opposition. There was only two, there was only two addresses in
opposition. And she was completely honest. She wanted to make sure that every address had a say
in this process. The only ones that she, you know, obviously couldn't get any indication were the
vacant lots or if it was a commercial property. So she really did try to, you know, honestly make
an effort to find out and people were overwhelmingly in support of this project
the only people you would see is 5303 lebanon and 5306 lebanon they were in opposition but everyone
else of the 102 uh well 85 of them of the 102 were in support she was one of the addresses
10 were vacant two were in opposition the rest you couldn't reach but she really made an effort
This is important to her. Like most businesses start as an idea and then start in that person's house.
Like I actually looked up on the Internet, you know, before this hearing to see like, you know, you hear the apples of the world, you hear Amazon, you hear, you know, Google, everyone, you know, they all started in a garage in the house.
right and microsoft even but you know those are office you know those are ideas from computers
but even yankee candle company started in a garage uh so you know it's that's how you know
that's the american dream that's how people start their businesses it would be impossible for her to
to rent a commercial space she's been looking for commercial space that would be affordable
and it'd be really difficult it would be a shame because she's definitely getting traction with her
business. But these are all the people that sign on her behalf, her neighbors. And she's been there
and she lives there. And so she also got letters to support. We tend to do the letters to support
with the directly impacted properties. So you'll see 5314 Diamond Street, 5317 Diamond,
5319 Lebanon, which is behind us, 5318 Diamond. So again, you'll see that both neighbors on
both sides who would be directly impacted or in support and a little bit about her business the
sarah bake shop um you know she you know she's been around some time she she you know during a
pandemic uh she quit her job to start this because she's really gaining traction and she you know
does nice you know baked goods for you know both cakes and pastries and baked goods for special
events and for some restaurants and you know she wants to continue that uh by way of of using her
her house so again you can just see like you know she takes a lot of heart into what she does
and then you know we we looked on google um earth uh to see like what else is out there that is
residentially zoned which has also a commercial component and so it's not uncommon right you
You know, if it's something that's similar to what we're proposing, you know, that's something that makes sense from a variance point of view.
And we really did look at that as well.
And then these are the addresses of these properties, which are zoned residential, but have commercial uses.
And then maps of the area. Again, we're on Diamond Street, but against Lebanon.
And you'll see there's a common driveway where we do have a driveway, you know, to load and unload our materials for our baked goods.
Again, we're not going to have any customers there.
And then just from a Google Maps perspective, where we are.
And then photographs of the property.
This is the front of the property on Diamond Street.
This is the rear of the property.
As you can see, she has a parking spot there.
She's going to repurpose this used-to-be garage area for, hopefully, her kitchen, commercial-ish kitchen.
Existing conditions, she just keeps storage down there.
And then her plans and drawings, very simple.
You walk in, you have two tables, you have a fridge, you have a freezer.
You walk in, you have two tables, you have a fridge, you have a freezer and you have a oven and more table for use for preparation of her baked goods.
And she's just going to use the whole first floor level where, again, it's ground level.
It's not a basement where she wants to have a commercial kitchen here.
And then, you know, the meeting notice, again, our firm didn't do it.
So it looks a little bit different than what we usually show the board.
but you can see she hand wrote every single one of these it was really important to her
for her to do things the right way and we again really surprised by who was at the community