that is my packet we just received it today and we provided revised presentation a revised
presentation packet accordingly um as part of our ability to get a letters of non-opposition
we agreed uh to revise plans um we're actually eliminating one of the refusals the mitchell
refusals so we're in between two two-story homes and we're setting we agreed to set back
eight feet on the third story to eliminate that refusal. But they overwhelmingly then supported
our project based on that concession. Nearby recently granted multifamily variances. I mean,
that's the heart of our matter. This is an RSA 5 property, one in name only. We're across the
street from a big commercial building. And this property has been vacant for some time.
And it's not uncommon for this board and this community to support multifamily dwellings on RSA 5 properties under those circumstances.
Then we'll review maps in the area, photographs of the property in the surrounding area, our plans and drawings, our RCO meeting notice, our application for appeal, our deeds of property, showing that City Land Development LLC is the owner of that property, and our Certificate of Tax Clearance.
Again, in the virtual audience, we have Ghazi Ida7, who at the conclusion of my presentation will virtually raise his hand, be sworn in, and he'll adopt my testimony as his own.
We also have Christopher Johnson of 24-7 Design, if there are any technical issues or questions the board may have.
First things first is our notice of refusal.
So this is an RSA 5 property, and we have three refusals for this proposed two-family dwelling.
The first is the one that we're eliminating, where we're between two two-story dwellings, and where we were originally asking to go straight up on the third story.
at the request of the community.
They asked us to set back AP,
which we agreed to,
and we have revised drawings
with a proviso form as well.
So if the board's still inclined
to grant this variance request,
we would ask that they were granted
with proviso revised plans,
with revised plans.
The second refusal has to do
with the fact that we're asking
for two-family dwelling on RSA 5 lots.
Again, not out of character
to what the board has previously granted
and recently granted in this neighborhood.
And then the third refusal has to do
with the maximum occupied area.
We're asking for a de minimis variance
under those circumstances.
Whether this was an RSA 5 property
that was being used as single family
or as a duplex,
we would ask for that same type of request
just because we're trying to have
of functional floor plan here, and given the width of the lot and the length of the lot,
it makes sense to allow us, under the circumstances, to vary under the Philadelphia zone of the
code. Our correspondence from the Mill Creek Advisory Council, as they indicated, they are
in non-opposition to this project. And then our revised plans, again, we're adding a front
eight-foot setback to the third story to eliminate that refusal. And then this is our revised plan
one page showing that as well. And then recently granted zoning variances in this neighborhood
under similar circumstances, 4801 Fairmont Avenue, this board has approved, 5024 Ray Street,
this board has approved. And then maps of the area, as you can see, we have a kind of funky
intersection here of haverford fairmont and 49th street uh and we're not that far from commercial
corridor so density always helps uh support those commercial quarters like this uh and as you can
see here uh where we're in the neighborhood again we're across the street from chop so we're at the
the beginning of a residential neighborhood typically from a city planning perspective
When you have a big commercial structure like that, you typically don't have single family use, especially when you're out on the street on Haverford Avenue, you're near Fairmont Avenue. Typically, again, to help support some of these commercial borders, you would have.
So typically, again, to help support some of these commercial borders, you would have density from a city-wide perspective.
For the rest of the property, so again, we're between two two-story structures.
This property has been vacant for at least the last 15 years, probably a lot more.
We did meet the neighbors to left and right of us.
Well, actually, I think just the right of us.
We don't have a letter of support from them, but they were supportive of this project as well, which was another reason why the community group actually wrote the letter of non-opposition.
In addition to the proviso requiring us to be set back eight feet on the third story, they also wanted input from the neighboring property owners.
So after we met with those property owners and gave input from them, they sent that letter of non-opposition.
But they're supportive of that.
And then our zoning hearing notice poster, proof of posting, if it says hearing, Haverford Avenue to the right of the property, Haverford Avenue to the left of the property.
Again, you can see we're on the outskirts from this picture, both pictures of this is the commercial aspect.
Here's the beginning of the residential aspect.
Our plans and drawings, again, that's our site plan.
And we try to really replicate as much as possible the traditional Philadelphia brick facades.
We're set back on the third story at the request of the community.
But very simply, you walk in the front door.
There's a shared area, vestibule area.
It turns to the right.
It's unit number one.
That's a bi-level.
Go up a flight of steps.
That's unit number two.
That's a bi-level.
Unit number one, the lower level unit, has access to the rear yard.
Unit number two, for trash storage.
Unit number two has a ventilated trash faucet.
Both have garbage compactors, again, trying to be responsible about trash storage and then removal.
Our meeting was held on November 29th at 6.30 p.m.
It was an in-person meeting.
81 addresses were notified at this meeting list of the addresses proof of mailing to those addresses
our application for appeal that we filed with the zba along with the notice of refusal and project
information form our deeds of property uh showing that city land development llc is the owner of the
property and our certificate of tax clearance again indicating that there's a balance due for
2023 only. Again, those taxes are not due
until essentially the first quarter of the year of 2023. With that
being said, I'm going to share my screen. I'm going to ask that Mr. Addison
virtually raises his hand.
Hi, could you state your name and spell it, please, for the court reporter?
Chair, no one by that last name
raised a hand. However, Mr. Lange raised a hand. Do you want to hear from him? Sure, let's see if
he's involved in the case. Sir, please unmute yourself.
Why could you state your name and spell for the court reporter?
Mr. Lange, could you please unmute yourself? It was hit by mistake. Okay, thank you.
um i'll check the audience chair there's no one with the last name okay thank you so mr
knockam senior and also the court will accept your testimony thank you could you tell me what
the area looks like relative to multiple family dwellings uh yeah i mean there are multiple family
drawings like um nearby again there are two variances at 5024 ray street and 4801 fairmont
Avenue. So if you, and I can go back on the map. No, no, that's fine. We intersect with Fairmont
Avenue. We're right behind it. Okay. Questions from the board? No, Mr. Chairman. No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no handshare. Planning Commission. Good afternoon. David Vecto, City Planning Commission.
Mr. Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.
This is a primarily single-family block.
The zoning archive shows one duplex amongst single-family homes on this block face.
There is no unique physical condition of this 978-square-foot plot that would prevent it from being used in conformance with the zoning code.
The City Planning Commission recommends that the board deny the proposed use variance.
MI 2022-004246-4913 in Haverford, I vote yes. Revised plans, one-paged, stamped by ZBA, December 14, 2022.
MI-2022.
0 0 4 2 4
Thomas Holloman, my vote is no.
James Snell, yes with proviso.
Ishmael Shahid, yes with proviso.
Thank you, counsel.
Thank you.
Here we go.
Case number five, MI 2022, 004259, 5427 Market Street.
Henry Clint is the attorney.
Letter of support from Achieve Ability.
Good afternoon, Mr. Chairman.
Hi. Could you just state your name, Mr. Clinton? You've already been sworn.
Sure. Henry Clinton, C-L-I-N-T-O-N.
Mr. Clinton, could you identify your client and their relationship to the property?
Sure. My client is Amir Levy, A-M-I-R-L-E-V-I, and he is the principal of the applicant, LLC.
All right. Our board secretary, Mr. Shahid, has a few questions.
good afternoon council do you agree to waive the reading of the refusal and stipulate to its
accuracy yes i do do you send in all the required documents five days prior to this hearing yes we
have thank you please proceed and share your screen thank you mr sheen
Good afternoon, Mr. Chairman, members of the board.
Henry Clinton for ANM Investment, Inc., principal of which is Amir Levy, A-M-I-R, L-U-V-I, who
is on the call with me.
This is my presentation package, which contains exhibits, table of contents, AA through A11,
which I ask to be admitted into the record.
Chief document is the refusal. This is a long vacant lot at the corner of Market Street and
Conestoga Street in the shadow of the L that runs above on Market Street. It's across from a cemetery
and it's zoned CMX2. This block on this side of the street, which is the north side as well as
the south side of the street on the other side of the L, is primarily residential.
The refusals concern use, basically, indicating that if you have a CMX designation, that the first 30 feet of the building depth be commercial and the rest can be residential.
That's really the chief refusal, even though there's another one concerning the size of the various units.
Our request is that the commercial unit, which would typically be on the first floor, be exchanged in return for a residential unit because the block is mainly residential.
The commercial corridor is at 52nd Street and 60th Street and or other vacant commercial properties between that stretch of blocks.
We have overwhelming support from Achievability, which is the designated RCO. In fact, I wanted to just read one sentence on behalf of the RCO, basically indicating that the development team has made great strides to meet the needs of the community by designing a building that reflects the overall culture
and tradition of the neighborhood and that culture being residential as well as a there was a desire
to have a front porch on this property so whoever inhabits the property can interact with the
neighborhood. The letter goes on to state that the developer has gone above and beyond in attempting
to meet the needs of the neighbors and the majority portion of the residents supported the project
because this is a welcome change to the neighborhood and they believe that the apartment
building would bring a positive change to the area these are photographs uh the property is right
here mr chairman again this is market street you can see the tracks of the l conestoga street
running north and south a cemetery across the street uh when i show you the next photo you'll
see a building here which has been cinched up henry henry hold on a minute thomas go ahead
yeah can you move it up so we see
i think he wants you to make it a little wider henry
I think you want you to make it a little wider, Henry.
Is that better, Ms. Holloman?
Yes, sir.
Thank you, sir.
So this is the vacant lot.
It's more the size of a residential lot.
It's not overly large, but it is on the corner, which would provide three one-bedroom apartments
and ample space for every inhabitant.
This is looking north on Conestoga Street.
This is the cemetery across the street.
This building is not here.
It's been demolished.
This is looking across the street, just to show you the residential nature of the homes
across the street.
There is one commercial building.
And one thing I failed to point out, Mr. Chairman, in this photograph is, this is east direction.
You can see that they're all residential properties on this particular block of the 5400 block of Market Street.
So I was endeavoring to show that it is a residential character block.
Zoning notice, these are the plans.
This is a rendering of the structure, three stories, bay on front and back, the porch,
which was important to the neighbors on the block because each of them had porches on
Conestoga Street, and they were really the neighbors that did come out and voice some
support for the project and had some input on the design. I mean, the design was a
provided to the community group, and they basically endorsed the design.
It's pretty straightforward. Basement will contain utilities. We have no issues with the
rear yard. It's an ample rear yard. No issues with height. There's going to be one bedroom
on the first floor. One bedroom on the first floor here, excuse me. One bedroom on the first
floor. And then the second and third floor have mirror images of floor plan. One bedroom, which
will be in the rear of the property and no rooftop deck.
This is the elevations.
Again, a lot of brick on the side and the front
as I showed you initially
in keeping with the context of the block
and the brick that's exhibited on other properties.
So in conclusion, and by the way,
I do have the architect Ray Rollo on the line too,
Mr. Chairman, if there's any questions
that need to be directed his way.
But in conclusion, this project is really not affecting any development of any adjacent property.
It doesn't affect the lighter air of any adjacent property because any shadow that it casts will be cast on the cemetery, which is vacant to the west.
It is on a residential strip on a 5400 block of Market Street with the commercial corridor being on 52nd Street and 60th Street.
It is generally in harmony with the code.
I understand also there's going to be a remapping of this area to CMX3.
And if that were the case, this would be a by-right project.