we have started yes we um mr nary can you give us two minutes okay
Okay, Ms. Tenere, as you wish.
Thank you.
Good morning, everyone.
My name is Carol Tenere.
Today I will be the Acting Chair for the Zoning Board of Adjustment Hearings.
I'll be participating in today's hearing along with Board Secretary Confessor Plaza
and Board Members Thomas Holloman and James Snell.
Board Administrator Jason Hand and Tanya Sunkett will also be present.
Board Attorney Sharon Saleta will be 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. This is available to the public and also 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
then star six to unmute yourself let me repeat that if you wish to testify you must raise your
hand by hitting star nine then star six to unmute yourself to enter an appearance statement call
267 -270 -5548 and leave your email address and address of the property at issue.
The number again is 267 -270 -5548. Fourth, the Q &A box is not for testimony.
Any comments are to be directed to Ms. Sunkit or Mr. Hand.
okay this is where i call out the continuances that we know of
i'm sorry carol interrupt but we need to do the add -on
so i'm okay the add -on list first okay so for 9 30 uh the add -ons
i'm going to do a 15 15 and 16 i believe yes that's correct um mi -2021 -001231
1918 -22 east haggard street
there's a companion to it in 16 count yeah right calendar number mi -2021 -1 a dash strike that
at 001232, 1929 -45 East York Street.
Again, this is Frankie Chico.
I will not be voting on these cases.
I did not attend the original hearing.
Confessor Jim and Tom will be voting.
So can you identify yourselves and vote on the case?
Yes, Confessor Plaza.
My vote is, after receiving the amended refusal, my vote is yes to both.
James Snell, yes to both
Thomas Holloman, yes to both
Okay, calendar number
MI2020 -000118
4715 Green Street
This one I will be voting on
This is Frank DiCicco, my vote is no
this is carol tenery my vote is no confessor plaza my vote is no
james snell my vote is no thomas holloman my vote is no calendar number mi -2021 -001262
92 32 melrose street this case will be voted by um the chair frank de chico tom and myself
we received the uh i think we were waiting for a deed that's correct we did receive
i think we were waiting for a deed that's correct we did receive it yes
so uh on this case this is frankie chico my vote is yes
my vote this is carol tenere my vote is yes
and tom thomas holliman my vote is yes
excellent okay carol so i'll be exiting now and uh i'll call back at some point thank you
Okay, no problem.
Okay, there are, yes.
Can I make an announcement if it's okay with you?
Please note all attendees do not raise your hand unless directly requested to speak or your case is being called or you're answering a question.
Please keep your hands down unless directed to raise them.
Thank you very kindly. Thank you, Chair.
Thank you, Tanya.
Okay, as I see, there are no continuances we have.
Is there anyone in the virtual audience requesting a continuance?
Madam Chair, Mr. Justin Crick has his hand raised. I will allow him to speak at this time.
Thank you.
Please wait to be sworn in, sir.
Good morning, Mr. Crick. Name and address, please.
Yes, Justin Crick, J -U -S -T -I -N -K -R -I -K. Address is 1500 John F. Kennedy Boulevard, Suite 630, Philadelphia PA 19102.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Okay, and your request?
This is for calendar meeting ID MI2021 -001467.
The property is 222 Market Street, and I am requesting a brief continuance as we are exploring a couple of facts about the property.
I have communicated this with the zoning administration.
Okay, and what about your exhibits? Do you have any of them?
We do not. We're waiting on a couple things for the property that we're looking into regarding the rear of the property,
But they will be submitted in time for the next after we've completed our, you know, the last couple of things we're trying to figure out.
Calendar number MI2021 -001467 will be continued.
The address is 222 Market Street.
And this is Carol Tenere speaking for the court reporter and for the attorney.
and madam chair there also was a continuance request for number seven
okay thank you calendar number mi -2021 -001471 22 north st bernard street
is the attorney here
no this was requested in advance madam chair okay okay this case is continued
and calendar number mi 2020 003148 4114 cambridge street this case is continued
Ms. Saleta, are there any other requests that I've missed for continuance?
No, there are no other requests that I've received for continuances.
However, Cambridge Street probably should allow Mr. Lambert, if he is here to speak,
he did not request a continuance, but the exhibits were not submitted until yesterday afternoon.
Right. Is Mr. Lambert in the audience?
Mr. Lambert has been allowed to speak, ma 'am.
Mr. Lambert, can you put your name and address on the record?
Hi, good morning.
My name is Michael Lambert, I am number 88422.
I am here with regards to 4114 Cambridge Street.
Hi, do you swear for him to tell the whole truth and nothing but the truth?
I do, ma 'am.
Okay, I just announced your case and I continued it.
Would you like to put something on the record?
No, I apologize.
I think I may have misheard that.
I just wanted to make sure that everything's fine.
I am perfectly fine, and I appreciate your time.
Sorry for the interruption.
Thank you so much.
May I be accused?
You may.
I apologize again.
Have a great day.
I'm still learning.
You too.
Have a great day, folks.
Have a great day, folks.
Bye -bye.
Bye -bye.
To the attorney, Ms. Saleta, number 26.
To the attorney, Ms. Saleta, number 26.
I believe that's on the two o 'clock list.
You're right.
And the numbers are confusing this week.
I acknowledge.
Yes, yes, I know they are.
Everything is confusing.
I know.
if you could because of the problem with the exhibits if you could next one by one call those
cases that are listed as having no exhibits please okay i will start with on the regular list
number one i'm sorry ma 'am um if we could before you do that we have another hand up mr anastasio
okay thank you thank you miss socket to speak um mr anastasio name and address please and i'll
swear you in good morning madam chair verne anastasio a -n -a -s -t -a -s -i -o 1315 walnut suite
1006 philadelphia 19107 do you swear or affirm to tell the whole truth and nothing but the truth
i do okay thank you may proceed thank you i'm here for 1725 fairmount um 1725 fairmount should
have been withdrawn previous to this today's hearing it very well may have been but i did
want to put it on the record it was scheduled for this morning at 9 30 and we are withdrawing 17 25
fair amount um miss salata i do not have that on my list
uh neither do i okay which means it's been previously withdrawn by the administrator and
Thank you all.
So that case is withdrawn.
Yeah, thank you.
Does anyone else have their hand raised
in the virtual audience?
No, Madam Chair, that is all for right now.
No more further hands.
Thank you, Jason.
I'll start with the regular list.
calendar number 1434 1132 south 56th street
janet sharp and sonia walls there are no exhibits are you present in the virtual audience
this wall has been promoted to panelist madam chair thank you
Ms. Walls, can you put your name and address on the record, please?
Yes. My name is Sonia Walls, and the address is 1132 South 56th Street, Philadelphia, PA, 19143.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, ma 'am.
Have you submitted any exhibits? We do not have a record of you submitting the exhibits that are required.
Yes, all the exhibits were submitted. My engineer, Ambrose, submitted everything.
Do you know when and to whom?
He should be on here, so he might be having some difficulties in connecting to answer that question.
But he submitted them based off of the email that I have was back in.
uh let's see there's email confirmation
miss aletta do you have any exhibits i i don't but as i explained in executive session there
were problems with some of the exhibits this week i did not receive the emails
so if it's possible um is it miss walsh who's yes ma 'am yes yes would it be possible if you
have the exhibits in your sent folder if the you or the engineer could resend them to my email
address which is seleta s -u -l -e -t -a -z -b -a at gmail .com okay could you go slower what was that
sure i'm sorry it's s -u -l -e -t -a -z -b -a at gmail .com and that was one of the addresses listed in
the instructions you may already have sent them but if you would please resend I would appreciate
it thank you uh okay would you like for him to do it now um if you could yes please I'm sorry
there are certain things I have to review before you start and if I could interject that it's
resent not a new email recent email that was already sent thank you and Ms. Sunkett would
Thank you.
Ms. Sunkett, would it be possible for your staff also to check?
it be possible for your staff also to
Yeah, I sent you an email, Ms. Saletta, of everything that they reviewed already.
That wasn't one that I believe we have.
I'm not sure.
Okay, thank you.
So we can talk, if you wish, offline.
Thank you.
So once I call him, do you want me to just put my hands back up and let you know that he sent it to you?
Is he in attendance?
If he is in attendance, maybe we could call him now.
Mr. Sanders, do I want him to speak?
He should be in attendance.
Yes, he's here.
He's been a lot to talk, man.
Hello?
Yes, name and address, please.
My name is Ambrose Chukunanyan, spelled C -H -U -K -W -U -N -E -N -Y -E.
Do you swear or affirm to tell the whole truth and nothing but the truth?
You may proceed.
Yeah, the exhibit was sent to the, not to Soledad directly, but to the ZBA email.
I sent it to the other RCOs.
Yes, you were required to copy me as well. It tells you that in the instructions. Could you please
Now, if you could forward what you sent to the RCO so that we can confirm that it was submitted on time, forward it to me.
I will do it right now.
And do you have that?
Did you write down my email address?
Yeah, it says S -U -L -L -E -T -A with Z -B -A dot Gmail or at gmail .com.
Yes, S -U -L -E -T -A Z -B -A.
Your last name is Z -B -A at gmail .com.
Yes, that's right.
Thank you.
Okay. Madam Chair, if you could move then to the next.
Move on to number two. Calendar number 1414, 1222 East Columbia Avenue.
Is Terrence Dowd in the virtual audience?
Madam Chair, I do not see Mr. Dowden in the virtual audience at this time.
There are also no exhibits for this case.
Can we see if anyone else is present for this case?
Is there anyone else here?
There for the case for Columbia Avenue?
If so, please raise your hand.
Mr. Bob Everett has his hand raised.
I will allow him to speak at this time.
Thank you.
Mr. Everett, name and address for the record, please, and then I'll swear you in.
I can't hear anybody.
Can you hear what I'm saying?
I have no volume.
Can you hear me now?
Mr. Everett, are you still available?
Okay, am I back?
Yes, you're back.
Can you hear me?
all right somehow i've lost my volume i'll put it in
well maybe you hear me maybe you don't uh this case never came i i do sorry rco
It sounds as though he is representing the RCO, not the applicant.
If the applicant is not here, this is the first listing.
This would be continued.
Okay, calendar number 1414, 1222 East Columbia Avenue.
This case is continued.
The next one.
Calendar, I'm going to go down to number 10.
Calendar number, M -I -
Excuse me, Madam Chair, number eight, I believe.
Number eight, I see.
Calendar number 1429312 North 41st Street.
312 North 41st Street is Carrie Dupree here.
Carrie Dupree has been promoted to panelist at this time.
Thank you, Mr. Hand.
Jason, we're only going to be allowing them to speak for future reference.
Okay, thank you.
Ms. Dupree, can you put your name and address on the record, please?
Carrie Dupree, 312 North 41st Street, Philadelphia, Pennsylvania, 19104.
Do you swear or affirm to tell the whole truth and nothing about the truth?
Yes, I do.
According to our list here, we have no exhibits. Have you submitted exhibits?
um yes i believe uh my architect lisa armstrong has submitted exhibits she should be here
we need to know where they were exhibit where they were sent to and when
can we check to see if ms armstrong is in the virtual audience sure can
Ms. Armstrong, are you there?
Ms. Armstrong is here and she's been allowed.
Madam Chair.
Ms. Armstrong, can you hear me?
Yes, I can. Can you hear me?
Yes, I can. Can you put your name and address on the record and I'll swear you in?
Yes, I'm Lisa Armstrong with AK Architecture, 2011 Walnut Street, Philadelphia, PA, 19103.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Thank you.
Have you submitted the exhibits for this case?
So actually, this is the first time I've done the Zoom meeting.
Submitted in the refusal appeal all of the drawings, and I have them up on my screen to share today, but I did not email them to you separately.
I can do that, though, immediately.
No, it will have to be continued.
they have to be in five days in advance so just so that i understand um so when we
so we can talk offline you can send the email to rcozba with questions please continue
thank you calendar number 1429 312 north 41st street will be continued
next case is calendar number one two five three fifty four thirty two vine street
it's number ten Lisa didn't submit the there are no exhibits and this is third listing
this is going to be dismissed
dismissed
Thomas Holloman
dismissed
did we check to see if anyone was present
for that
no I don't think we usually do
after the third listing
I did receive
an email from Mr. Sokolov
I believe he's had some problems
contacting his client. I'm not sure if he's in attendance. Okay. Mr. Sokolov, are you in
attendance? If you are, can you raise your hand? Madam Chair, I do not see Mr. Sokolov in the
virtual audience at this time, unfortunately. Okay. My name is Carol Tenere, calendar number
one two five three the case is dismissed confessor plaza my vote is dismissed
james snell dismissed thomas holloman dismissed
moving to 13 board calendar number zero zero six six sixty four fifteen harbison avenue
The attorney is James Murray.
James Murray.
Is Mr. Murray in the virtual audience?
I'm not going to see him in the virtual audience either, Madam Chair.
Is there anyone else here regarding that case?
no hint at this time okay calendar number mi 2020 000066 6415 harbison avenue this case is
No hands at this time.
a calendar number.
continued and this is carol tenere voting um excuse me madam chair but this is a 2020 number
so it is at least the second it's probably the third listing okay let me revote this
calendar number mi -2020 -000066 -6415 harvison avenue my vote is to dismiss
confessor plaza my vote is dismissed james snell dismiss thomas halliman dismiss
number 14 board calendar number 1476731 north uber street the attorney is roger purry excuse me
madam chair we have now received those exhibits they were submitted on time for which case this
is number 14 the one -on -one okay yes it was sent to my other email address but i didn't find them
Mr. Parry, can you hear me?
Yes, I'm here. Can you hear me?
Yes, I can. Can you put your name and address on the record and spell your last name, please?
Thank you. My name is Roger Parry, P -E -R -R -Y.
My address is 734 South 4th Street, Philadelphia, PA, 19147.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you agree to weigh the reading of the refusal and stipulate to its accuracy?
Unfortunately, as a first case, I cannot because there is a mistake.
Okay, excuse me, we're getting into the merits now. But Mr. Perry, I had you listed as not having submitted exhibits because you sent it not to the email address listed in the instructions.
and at first we thought that the paralegal who works with me because she only has access to that
email address that's let as eba she listed this as having no exhibits i did find them so this can
go forward but in the order it's listed okay i'm sorry that was that's okay just my email okay my
email probably just copied the exhibit the one that i have and i did send them to planning and
did send them to the zoning board. I know that you did. Thank you. Sorry for the confusion. Okay.
Can I share them? Yes, please. So I would like to put on record that we do have exhibits
with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans
of the property. And you've met with the RCO and have a letter. I'm sorry. She does, but we will
call this in the order that it is listed. We're right now only confirming that if exhibits were
received oh okay thanks uh miss you're welcome it's i know we're just it's a confusing it's very
confusing um number 15 board calendar number 1431 800 south 57th street the attorney is william
Schwartz. Again, this is a case that I have listed as no
exhibits. Mr. Schwartz is presenting can confirm that he
sent them. Is he in the audience?
i do not see mr schwartz in the uh virtual audience at this time this in which case this
is the first listing madam chair okay so calendar number 1431 800 south 57th street
will be continued and if we could now go back to the first case that you called um the
on the regular list for sonia walls yes i've now um the exhibits have been
forwarded to me but they do not include the exhibits that we need
if we could call her forward again okay miss walls
can you hear me yes i can hear you can you hear me you're still you're still under oath
the attorney is the attorney is saying that we do not have the exhibits we need
well can i ask also did was there a registered community organization meeting on this
yes ma 'am there was okay um the exhibits that were just forwarded to me include only a plan
Okay. The exhibits that were just forwarded to me include only a plan, a refusal, and a sample letter. There is no deed, no photos, no project information form.
My engineer, the one that has all that information, and it should have been sent to you.
Can we call him forward again, please?
Ms. Wolves, who was the RCO?
Ambrose.
you know the RCO the registered community organization you had the meeting with
there were several of them I'm not sure but Ambrose they they wrote a letter they said
they was going to send it to you guys with the approval and um okay can we have Mr uh I'm sorry
I cannot pronounce his last name your engineer name Ambrose Ambrose are you in the virtual
audience please raise your hand and you're still under oath he's been allowed to speak my chair
ambrose yes yes i'm sorry i cannot pronounce your last name can you please
well so when i become the mayor you're not going to pronounce my last name
I can't. It's it's Chuck. When it. When.
No different than you know what to say to them.
Yeah. Okay, took one.
Yeah, Tom can pronounce it.
Okay, I did Mr.
Chukunay you did forward me exhibits just now.
There were only three attachments.
Is that what you've submitted to the RCO mailbox?
Yes, that's what I submitted to the RCO mailbox.
But the project description was submitted with the appeal.
I didn't think I needed to submit that again.
You had to submit exhibits, including the deed, the photos.
Did you submit those?
No, I did not submit photos.
Did you submit a deed?
That was submitted earlier, but I didn't think I had anything.
Madam Ferris, could you continue this case, please?
Yes, I'm sorry.
I think we have to.
calendar number 1434 1132 south 56th street this case is continued
the next case calendar number 1477 151 mayland street the attorney is verne anastasio
Mr. Anastasio
Please raise your hand, sir
He's been allowed to speak
Hi, Mr. Anastasio, can you put your name and address on the record, please, and spell your last name?
Sure. Good morning again.
Vern Anastasio, A -N -A -S -T -A -S -I -O, 1315 Walnut Street, Suite 1006, Philadelphia, 19107.
And you're still under oath, but do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet?
I'm sorry, Madam Chair, please, I'm sorry for the interruption, but this is just to confirm that exhibits were submitted timely.
i believe that we've now moved on to the regular list we've gone through all of the
exhibit oh i'm sorry i'm sorry excuse me okay have you emailed the exhibit packet with proof
of ownership tax compliance refusal 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 yes
Thank you. You may proceed.
I would like to share my screen.
I'll promote you to a panelist right now, sir.
Hilby, we're joining as a panelist.
Okay. Good morning.
i'm going to share my screen now and my apologies for my voice today i'm fighting a cold
madam chair 151 mayland street is for application for the legalization of an existing
two -family dwelling here are the plans
I'm having some scrolling issues for some reason, please.
I'm having some scrolling issues for some reason. Please bear with me. I'm sorry.
Anyway, here are the plans and this is the property in question.
as you can see on the side there are already two electric meters
my client recently purchased this property already two separate mailboxes and in fact
it's two separate units
already
historically is this a legalization
or that's correct
well it was legal at some point
here's the history
we have a legal
two family dwelling
and we have
proof of city certification
two family dwelling
and that's
1953, another two -family dwelling
certification. But yes, this is
has been since 1953, a two -family
dwelling, and it is currently a two -family dwelling with two
separate electric meters. It's treated
for rubbish disposal as a two -family dwelling, and my client
purchased it thinking it was, in fact, a two -family dwelling.
When did he purchase it?
Or she?
He purchased it about a year or so ago.
There it is right there.
So it's fairly straightforward.
It's been a two -family dwelling for 65, 70 years.
And we would just like to continue to use it as a two -family dwelling.
And you've met with the RCO?
We did.
I did not receive a letter from them.
I'm not quite sure.
We have a letter of opposition from Faith Community Development Corporation.
Okay, there you go.
Yeah, I mean, again, this has historically been a two -family dwelling.
There's other two -family dwellings on the block.
We have already two separate electric meters.
As you saw physically, the interior is divided up as a two -family dwelling.
to have to return this to single -family use
would be quite an impracticable feat.
Do you have a picture of the rest of the block?
Like the house next door, a few horses,
if the house is down?
Let me see.
these are semi -detached say it again next door 153 is a single family that's correct
does the board have any questions no no no
If there's no questions, I would like my client, Leron, to raise his hand to be recognized.
I'm about to speak.
Sir, can you hear us?
Can you put your name and address on the record and spell your last name?
Leran Shoshan, S -H -O -S -H -A -N.
The address is 151 East Malin Street, Philadelphia PA, 19144.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Okay, you may proceed.
Thank you.
Leran, did you hear my presentation to the board this morning?
And was it true and accurate to the best of your knowledge?
And do you adopt it as your own testimony?
Thank you, Laura.
Madam Chair, we have nothing else.
Thank you.
Is there someone here from Faith Community Development Corporation?
If you're here, please raise your hand.
Madam Chair, I don't know if anyone in the audience is from this organization, but Mr.
Madam Chair, I don't know if anyone in the audience is from this organization.
Charles Richardson has his hand raised.
Okay, great.
Mr. Richardson.
Good morning, Madam Chair.
Hi, can you put your name and address on the record and I'll swear you in?
Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.
do you swear for him to tell the whole truth and nothing but the truth
i do thank you you may proceed okay uh the councilwoman is going to oppose the granting
of the variance because she just does not uh like to do legalizations on properties that do not have
uh any any uh certification from lni or something along those lines she's a kind of concerned with
regard to the safety. I do know that they have had a couple of attempts at RCO meetings for that
location. And from my understanding, and Mr. Anastasio can probably confirm that no one
showed up for those meetings from the near neighbors. So I'm taking it that they're going
on on on their own uh ideals based on what they would like to see um or what they're they would
like to see regarding this uh property so um but again the councilwoman will will be opposing
thank you we did we did in fact meet with the rco uh there were very few people in attendance
uh page 59 and 60 of my exhibit packet uh show uh city certification of a two -family dwelling
this was previously legalized because of an elapsed rental license that's the only reason
why we're here today physically go ahead i'm sorry utility wise physically and in all other
ways for the past 65 years it's been a two -family dwelling and we just like to bring it back into
compliance. My concern is the home next door is single family and we can't see any further down
the street to see what those homes are. There's again mostly single family but there are other
two family dwellings on the block. The board has no questions? No. No. No.
planning commission um excuse me this is sharon madame chair if we could confirm that no other
members of the public are in attendance who wish to testify is there anyone else who would like to
testify in the virtual audience if so please raise your hand no further hands at this time madam chair
Thank you, Mr. Hand. Planning Commission.
Good morning, Madam Chair. Ian Hegarty for the Philadelphia City Planning Commission. That's H -E -G -A -R -T -Y.
Good morning. Do you swear or affirm to tell the whole truth and nothing about the truth?
Yes, I do.
Okay. Your recommendation.
Thank you. Members of the Board, the comprehensive plan recommends no change to the existing single -family zoning at this location.
however the proposed use is consistent with documented previous uses on this property
included including legal documented uses and so the city planning commission recommends that the
board grant the variance. Thank you. Calendar number 1477 151 Mayland Street my vote is yes
and my name is Carol Tenere. Confessor Plaza my vote is yes. James Snell my vote is yes.
Thomas Holloman, yes.
Thank you all.
Have a good day.
Thank you.
You as well.
Calendar number 1432 -2000 -32 East Shellmire Avenue.
And the attorney is John Sabatina.
I don't seem to see Mr. Sabatina.
Mr. Peter McDermott has his hand raised.
I will allow him to speak at this time, Madam Chair.
Thank you.
Mr. McDermott?
Yes, I'm here with Mr. Sabatina.
We're on my account.
Okay, great.
You're an attorney as well, right?
No, I'm an associate with Mr. Sabatina.
Mr. Sabatina is the attorney.
Mr. Sabatina is present.
Okay, great. Mr. Sabatina, put your name and address on the record. Please spell your last name.
Okay, great.
Mr. Sabatina, put your name and address on the record.
Please spell your letter.
John Sabatina, S -A -B -A -T -I -N -A, 1742 Emerson Street, Philadelphia, 19152.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
and have you emailed the exhibit packet with proof of ownership tax compliance
the refusal referral photos under plans of the property five days in advance of this hearing
and have you met with the rco and do you have a letter we have complied with all the requirements
yes thank you and i would like to state that the roanhurst civic association
has sent a letter of support uh confessor okay i just heard all this noise
you may proceed i'm sorry can we pause for one moment this is tanya
mr hand can you please promote mr sabatina to a panelist so he can present
right away ma 'am thank you thank you
Okay, Mr. Sabatini, you may move forward.
Okay, as you can see, the very first page is a list of our exhibits.
First exhibit is a notice of refusal, then the application for the appeal, project information
Form completed, payment verification for the application for the appeal, and a deed.
Existing exterior photographs and signposting, this signposting is coming up.
Hang on for a second.
there you can see yeah there's a science posted
is that church closing no no it is not okay okay
uh the uh sign sign plan the site plan rather i'm sorry
showing the signs
as well.
Zoning map.
Obviously, this church has been there for quite a number of years.
There's the aerial views.
Community meeting letter,
which we sent out.
The mailings to the adjacent neighbors, 149 letters, tax compliance, RCO letter of support.
Thank you. Does the board have any questions?
is there anyone in the virtual audience who would like to testify i apologize for this noise there's
a construction crew making that noise mr hand no one's in the audience
Madam Chair, Ms. Alice Udovich has her hand raised.
Good morning, Madam Chair, members of the board, Alice Udovich from Councilman Brian
O 'Neill's office, City Hall, room 562.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Madam Chair, the Councilman has no objection to the granting of the variance at this lovely
church okay it is lovely that's for sure planning commission
thank you madam chair ian hegarty for the philadelphia city planning commission
um comprehensive plan recommends no change to the existing single family zoning at this location
we recognize this as a house of worship and uh typically we give some deference
here um however we don't believe that the applicant has demonstrated that there's any
hardship that compels them to have this type of sign, which is expressly prohibited by the zoning
code. We haven't seen any evidence that the variance is necessary to enable continued use
of the property. And so the city planning commission will have to recommend that the
board deny the variance. Is there anyone in the virtual audience?
what I had this sign is simply modernizing the existing sign it's been there for maybe 30 or 40
years or longer yeah I longer yeah one of the things I wanted to add was too as we know some
of the hardships that the Catholic Church has faced with ordained personnel, this would allow
them to easily update that signage digitally rather than have staff go out there manually
and consistently update this and send the message out to the community to support their parishioners.
Excuse me, this is the court reporter. Was that Mr. Sabatina who just spoke?
No, that was Mr. McDermott.
Thank you.
okay does the board have any questions no no no
calendar number 1432 2000 -32 east shellmeyer avenue my vote is yes
and i am carol tenere
confessor
confessor plasma voters yes
James Snell, my vote is yes
Thomas Holloman, yes
Thank you
Calendar number 1410
2143 East Arizona Street
Matt Monroe is the attorney
And again, I apologize
This construction crew periodically begins to drill
and makes a horrible noise.
Mr. Monroe, are you present somewhere?
He's coming back in as a panelist, Madam Chair.
Thank you, Mr. Hand.
Mr. Munro, can you put your name and address on the record and I will then swear you in.
Good morning, Matt Munro, Munro Law, 2030 Pemberton Street, 19146.
Do you swear or affirm to tell the whole truth and nothing but the truth?
I do. And the board will give me a moment and I will share my screen.
One second. Do you agree to weigh the reading of the refusal and stipulate to its accuracy?
And have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCL, and do you have a letter?
Yes, to all, and this morning I sent an updated exhibit packet that included the tax certification and the support letter from the East Kensington Neighborhood Association, which we received last night.
Okay, great. And we have a non -opposition letter from Councilman Scuola. You may proceed.
Thank you, Chairwoman Tenere, members of the board. I'm pleased to be here today with my clients, Randy Cutler and her husband, Chris.
We this is simply an application to legalize an existing perimeter fence and to change the use of a very small property to a to a dedicated parking space for Randy and her husband who live nearby around the corner on Susquehanna.
Anna. Normally, I understand this would be a kind of an off the wall application, but we do have a support letter. And the reason is because the context of the, of the property and that it's extremely small. Here's my exhibit one is the deed.
and I'm just going through some of the exhibits. Here we have the refusal and the application for
appeal. As you can see, the lot, it's a CMX2 mid -block lot, extremely undersized at 392 square
feet. So building and maintaining a by -right structure on a vacant lot with an open area
occupying only 75 % of the lot and maintaining a nine -foot rear yard according to the code is
absolutely impossible. Any practical use of the space for a building would be impractical and
my client would be, you know, no one could really bear the construction costs and have like this
tiny building that you couldn't really use for much. My client did explore using other things
for it, but ultimately because it is a vacant lot and immediately adjacent to other dedicated
And immediately adjacent to other dedicated legal parking spaces on the immediate lot over, and I can show you from the photographs, the context specific, sorry, this is going a little bit slow.
legal parking spaces.
So the facts here are, effectively, we've got a dedicated parking space next door, and
East Arizona is a small street at the rear.
A few years ago, the zoning board granted a variance to convert this industrial IRMX
property to a 52 -unit apartment building that's, I'm sorry, right here, that spans East Arizona
and East York Street.
It's a very large property.
Right here, you have this like a little standalone mid -block CMX2 property that is behind what is also a vacant lot.
Most of these lots have been vacant for years.
They've been unmaintained and effectively used for parking, you know, but just not on a regulated basis.
And you can see in this aerial shot what it has looked like.
by legalizing the parking use for this small lot 2143 east arizona you'll have an owner who's
dedicated to maintaining upkeep and making use of the lot for these areas which like i said have
been you can see there's a lot of abandoned vehicles on the adjacent property and this
will be one little area that they can maintain clean up and keep together there's also here's
just some context pictures of what the lot looks like over to the right is when the apartment
building was under construction in here as you can see there's a one -story dedicated parking
and this is also from a couple of years ago here they've taken over the property they've cleaned it
up there's the existing fence here and um from the submission to lni uh you can see that they're
planning on uh adding a uh adding curb cut along with the um a parking pad uh that they'll be
putting here and um with that i know the board's working through um its calendar list and here's
the tax cert that we got this morning, $0 balance on the property taxes. If the board has any
questions, because I didn't anticipate any opposition, we do have support. The hardship
is clear because it's this completely undersized lot and it's impracticable to build here.
And the parking here is adjacent to existing and dedicated legal parking. This is an appropriate
place for a dedicated parking space does the board have any questions no is there anyone in
the virtual audience my clients are here and if uh uh can they adopt your testimony
yes if you could raise your virtual hand please
hey good morning uh randy are you are you with us i am
hey oh how do i start the video miss cutler do you swear for him to tell the whole truth
and nothing about the truth um i do yeah okay and um and miss cutler uh uh are you uh are you
there with uh with chris i am hello i do as well okay great yeah and so yeah and sorry do you um
Did you hear the factual statements that I made on the record?
And were they accurate?
You adopted them as your testimony?
No further questions.
Thank you.
Thank you.
Planning Commission.
Thank you, Madam Chair.
Ian Hegarty for the Philadelphia City Planning Commission.
Comprehensive plan recommends no change to the existing CMX2 zoning at this location.
There are two refusals here. The use is a special exception. So with regard to the use refusal,
we don't believe that the special exception will cause detrimental impacts to the neighborhood
beyond what would normally be expected for the use. And so we recommend that the
board grant that special exception. Thank you. Calendar number 1410 -2143.
three. Yes, Tanya. I hate to interrupt. Did we get the community? I might have missed it.
I thought I asked if there was anyone else out there. Okay, no problem. Thank you. I'm a little
confused today, but thank you. I think everybody is. Calendar number. Let me find the calendar number.
Calendar number, let me find the calendar number, 1410 -2143 East Arizona Street, my vote is yes.
One four one zero.
Confessor Plaza, my vote is yes.
James Snell, my vote is yes.
Thomas Holloman, yes.
Thank you, Mr. Monroe.
Thank you, may I be excused?
Yes, you may.
All right, have a great day.
Thank you.
You too.
Calendar number 2267 -533 West Montgomery Avenue. The attorney is Leo Mulvihill.
Madam Chair, this is Sharon Saleta. Since sending you the summaries, we have received a letter in opposition from Councilwoman Sanchez.
Okay, and we also have, hello, Mr. Mulvihill, can you put your name and address on the record and spell your last name?
Certainly, Leo Mulvihill, M as in Michael, UL, V as in Victor, I -H -I -L -L, address 315 Green Street, 1st floor, Philadelphia, 19123.
Do you swear or affirm to tell the whole truth and nothing but the truth?
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, refusal referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Thank you. You may proceed.
Good morning, Chair and members of the Board.
I'm here today for 533 West Montgomery Avenue.
We have my client, Diaz and Bravo, S, as in Sam, K, PH Realty, LLC.
add the refusal appeal and project information form at page one area zoning maps at page seven
deed at nine commercial activity license at 17 tax clearance at 18 by zoning notifications at 20
with a letter from south kensington community partners at 22 photos of property at 25 and
revised plans at 57 so members of the board what we're here for today is for a two -family dwelling
in a single -family district this would be a new two single -family dwelling and this has revised
plans what we did overall initially we had a much smaller rear yard and we decided to increase that
to the 25 required open area for this zoning district in our revised plan what i'm showing
now is page three of 61 which is our refusal our parcel is indicated on page seven of the packet
now on your screens in this blue area it is zoned rsa5 it is in a mixed area with rm1 icmx cmx2
and other variations on zoning.
So it's not all single family.
In fact, directly across the street
in that RM1 is new condominiums.
Down the block at the corner of Montgomery and Reese
is a multi -unit building as well.
So while this is a request for two family
in a single family district,
it is not unprecedented in this neighborhood
to have multifamily or two family dwellings.
Currently, it is a vacant parking lot.
It is fenced in partially
and members of the communities
where we can see the fact that it is currently being used as a parking lot page 25
to the left of page 28 you can see the new multi -family dwelling that i was discussing
you have new single family
new multi -family on the corner which i was discussing as well with the graffiti on the side
this is looking outward towards germantown avenue
And now we'll see this multifamily dwelling in various stages of construction as we go through the other postings.
This is the most recent posting.
Now on page 57, we have our revised proviso plan form.
This is ultimately showing the site plan and elevation of the property.
the property itself is not to exceed 38 feet as required in the rsa 5 zoning district we have 25
Thank you Chair Tanari. My video has been disabled, but this is Ian Hegarty from the Philadelphia City Planning Commission.
In 2016, the neighborhood was remapped in accord with recommendations from the comprehensive plan.
This block was intentionally kept at RSA 5, which reflected a legislative intent to maintain single -family use on this block.
the applicant's hardship claim is not supported with evidence of unique physical conditions as
this is a vacant cleared lot ready for development the ability to build a two -family home despite
single -family zoning does not constitute a hardship city planning commission would recommend
that the board deny the variance thank you calendar number 2267 533 west montgomery avenue my vote is
no. Confessor Plaza, my vote is no. James Snell, my vote is no. Thomas Holloman, my vote is no.
I apologize for that noise. Thank you, members of the board. Have a good morning.
Thank you. You as well, Leo. Calendar number 1415610 -12 South 6th Street. The attorney is Dan Raleigh.
Madam Chair, this is Sharon. A clarification on this one. The applicant is submitting revised plans. They made a change at the request of the RCO, changing a residential unit, a proposed residential unit to a commercial unit.
um i would like to get clarification from lni as to whether this requires an amended application
and if it does um that the applicants submit the amended application in either case because this
has been presented to the community there's no problem with going forward today but if you could
hold the vote okay great thank you you're welcome sorry for the long explanation that's okay it's
been a different day. It certainly has. Mr. Raleigh, are you present?
Mr. Raleigh has been allowed to speak at this time, ma 'am. Yes, good evening. This is Dan Raleigh.
I'm here. Can you see me or just hear me? I can just hear you. So can you put your name and
address on the record and spell your last name and I'll swear you in. Sure. My name is Daniel
Rowley. Rowley spelled R -O -W -L -E -Y. I'm with the law firm of Kaplan Stewart and the address is 910
Harvest Drive in Bluebell, PA. Do you swear if I'm to tell the whole truth and I'll think about
the truth i do do you agree to wave the reading of the refusal and stipulate to its accuracy
i do and have you emailed the exhibit packet with the required documents consisting of proof
of ownership tax compliance refusal 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 uh yes to all of
above okay you may proceed i'm sorry madam chair this is tanya may we call one second to allow
jason to promote the attorney to a panel that's already been done the socket
we'll be rejoining as a panelist okay and now you can see me and i'll share my screen
So good morning. As I stated, my name is Dan Rowley. I represent Rosecap Holdings and Ambit Architecture, the equitable owner and the applicant in the ZBA application for 610 to 612 South 6th Street.
The deed, the redacted agreement of sale, and the letter of authorization, and the tax compliance certification can be found at Exhibit A1 through A4 of our exhibit package, which was emailed to the board.
I'll just quickly scroll through those.
uh the property is located at the corner of south 6th street and cater street it's just one
building off of south street aerial and street view photos of the property can be found at exhibit
a five. The property is located within the CMX2 commercial district. The property has been under
the same ownership for approximately 60 years and has not undergone much renovation, if any.
and has not undergone much renovation, if any, during that time. And as a result, the property
is in poor condition currently. The property has an existing commercial space on the first floor.
You can see that here in the photo. Maybe I'll rotate it quickly. So this is an existing
commercial law office that the current owner of the property occupies. The rest of the building
is six residential dwelling units. The applicants who are local to the area are proposing to make
a substantial investment into the property in order to update and improve the building,
including a complete renovation of the interior and exterior of the building and a construction
of a fourth floor on the building. The refusal, our appeal to the board, and the project information
form can be found at Exhibits A6 through A8, which I'll quickly go through. So, Refusal,
our Appeal, and our Project Information Form.
um okay i was i now i'm unmuted we have a letter of non -opposition from bella vista
and we also have a letter of non -opposition from councilman squilla but we're going to
hold the vote on this we need more clarification is that correct miss zoletta well i um i'm sorry
to interrupt i i still have a few things i want to get to i apologize okay you can that's fine
yeah so i just wanted to make sure that was on the record well i i think we'd like to you know
push back a little bit and um see if we could get a vote here today uh like i said this is an
existing commercial use on the first floor and it has been for many years the property owner
operates a law office out of the first floor um the the revised plans essentially are keeping the
commercial space um as is obviously it will be renovated but we don't see that there is a change
of use there um so if we could have a vote today we would appreciate that um but just getting back
to my presentation the the photos demonstrating that the property was posted with notice can be
found at exhibit a9 um just a note on this quickly um the property is required to be posted 21 days
prior to the hearing which was july 7th which um was a wednesday we did not receive the required
posters prior to july 7th from the zba and we followed up with the zba staff we were informed
that the posters were not properly sent to us in time to post. And then they were subsequently
emailed to us on July 9th. After we received the posters on July 9th, the property was
subsequently posted. So I just wanted to note this for the board that we were unable to comply
with the posting requirements as we didn't receive the posters in time. But once they were received,
the property was posted and we've included evidence of that posting in our exhibit packet.
Additionally, originally on our appeal, the APPA, we were requesting three variances. One, to permit two residential units and no commercial space on the first floor of the building. Two, to permit eight dwelling units where six exist and the building has historically been licensed for seven.
and the third variance was a building height of 39 feet where 38 feet is permitted we met with
the RCO on May 4th the controlling RCO is the Bella Vista Neighbors Association at the RCO
the RCO board and the public were generally supportive of our project and the investment
that we're proposing to put into the property I believe most if not all were supportive of
the variance for the number of dwelling units and the variance for the height. However, we did
receive some feedback from the RCO members and the public that there was a concern regarding the
lack of commercial space, the removal of the commercial space on the ground floor of the
property. So we went back to the drawing board and we revised our plans and the revised plans
can be shown at exhibit A11. Mr. Riley, could I ask just a couple of questions? Sure. Do you have any evidence that the existing office use is legal? And second, when you say commercial space, what specific commercial space
When you say commercial space, what specific commercial space are you proposing for the ground floor?
So the I'll answer the second one first. So the commercial space on the ground floor is just designated as commercial.
We don't have a tenant for that. We that was put in at the request of the RCO.
So we don't have a tenant for that. Currently, that tenant will have to apply for a commercial use permit there.
So it's just labeled as general commercial space at this point.
As far as the proof of the commercial space, this property has not had any zoning permits issued, applied for, for many years.
This has been a commercial space for many years.
uh if that's evidenced by you know the street photos of the property show the sign the our
posting photos show the sign that's that says it's a law office shows that it's a law office
and the the property owner has been there for many years um in any case we would have to verify that
there has to be a use registration permit in effect if if it is an approved commercial space
And we would have to verify that with L &I. And also, I'd like to ask if they need something more specific than commercial space. I mean, unless you're not saying that it's going to be office space again, just generally commercial space. Is that correct?
No. And if you look at our refusal, I can go back to it.
If you look at the refusal, the refusal for the.
uh the first floor the grounds floor here the second one it's that buildings in this district
must contain a use other than residential and other than parking along 100 percent of the ground
floor primary street front frontage so by showing that it's commercial there that's a use other than
residential or parking so i don't believe there's anything more necessary there and obviously the
tenants that would go in uh would have to apply for a use variance or not excuse me a use permit
um or you know relief potentially but a use permit to show that their use is permitted there
and again i would just like to get clarification from lni that um they find this acceptable that
the board can vote on it with the revised plans and that no amended application is necessary
i do believe that in the long run this could save your client time okay i'll ask you sharon um do
you know what the timeline would be for that oh i should be able to get an answer on it this week
okay and then unless if they hold if they tell me that you are required to submit an amended
application of course that would be a longer process if it's not required then the board
could vote it as early as next week okay because there there is um you know we are under time
constraints as we are the equitable owner of the property that's why i ask i will understand that
i will get that answer for you as quickly as possible okay thank you um so just getting back
to our plans and the changes that we made we removed the one residential unit on the ground
floor replaced it with commercial space uh we also added larger windows to the first floor commercial
space. And so as a result of our revisions, we're requesting the same three variances, but to a
lesser degree, essentially. The first to permit one residential unit and one commercial unit on
the first floor of the building, two to permit seven dwelling units where six units exist in
the buildings has been historically licensed for seven. And the third is the same as it was before.
it's a building height of 39 feet where 38 feet is permitted. We shared these revised plans with
we are proposing seven residential units and one commercial space. So similar to what is there.
The height relief we're seeking is not only is it a de minimis variance of one foot in height
that we're seeking, but we're also really requesting this variance out of an abundance
of caution. Without opening up the roof, we are not exactly certain where that proposed fourth
floor will start. It may be the case that we open up the roof and we're able to comply with the 38
foot height requirement but at this time we're requesting that height relief out of an abundance
of caution and i believe that is all i had i have listed as witnesses uh andy kaplan who's
the representative of the equitable owner and rich villa who's the architect for the project
so if there are any questions we can answer those does the board have any questions no no no no no
Is there anyone in the audience who would like to testify?
Mr. Bruce Wolfe has his hand raised.
I will allow him to speak at this time, Madam Chair.
Okay, great.
Thank you.
And just for the record, Mr. Wolfe is the current property owner.
It's his commercial law office.
Can you hear me, members of the panel?
Sir, put your name and address on the record, please.
My name is Bruce Wolfe, and my residence address is 612 South 6th Street, 1st floor, Philadelphia, PA, 19147.
I am an attorney, but if you would like me to be sworn, I'm perfectly willing to be sworn.
Thank you. Do you swear for him to tell the whole truth and nothing but the truth?
Yes, I do.
Mr. Raleigh, is he going to adopt your testimony?
There is one change, if I may make, to the testimony members of the panel.
what has been described as a commercial space and as my law office is actually a home office. I live
here. The apartment, which was actually designed by my father as two separate units, there were
actually three apartment units on the first floor initially, were combined in the year 2000 so that
I could have a home office and a residence after my marriage fell apart. So of the four rooms that
comprise the two apartments, only one of the four is actually used by me primarily as a place where
I can do paperwork. I'm primarily a criminal defense attorney. I have seen a few clients in
this space when I have clients who are not in custody, but a lot of my clients are in jail
and I go to them and they don't come to me. So what has been described, so this building has
been used as a as a residence address primarily since my father rehabbed the building in 1975
and among the documents that are a part of the packet that you have before you it will show that
in 1975 my father indicated for the property that there were three apartments on the first floor
two on the second and two on the third so what what this commercial space i just want to clarify
it although I do have an office here it is also a residence as well and if anybody has any other
questions I'd be willing to answer them does the board have any questions Tom no no no no
Ms. Saleta are you still recommending uh that this be held for further clarification
yes and you know it's possible that I could get that clarification as early as today which would
me that the board could vote it this afternoon. I will try to do that. Okay. Planning Commission?
Thank you. You're welcome. Thank you, Madam Chair. The comprehensive plan recommends no change to
the CMX2 zoning at this location. With the regard to the height refusal, we find the proposed
variance to be minimal and not in conflict with the purpose and spirit of the zoning code. With
regard to the dwelling unit count, we find that the density is consistent with the comprehensive
plan recommendations to promote commercial corridors including the nearby south street
corridor with housing and so the city planning commission would recommend that the board grant
both variances in accord with the revised plans thank you um calendar number one four one five
six one zero dash twelve south sixth street is being held thank you for your time thank you
Calendar number 1476 -731 North Uber Street.
The attorney is Roger Perry.
Mr. Perry, I've been promoted to panelists.
Mr. Perry, can you put your name and address on the record and spell your last name?
Mr. Perry, can you put your name and address on the record and spell your last name?
Still not unmuted.
I'm here.
Hi, can you put your name and address on the record and spell your last name and then I'll swear you in?
Yes, thank you.
My name is Roger Perry. I'm at 734 South 4th Street, Philadelphia, PA, 19147, and I'm here
representing the owners of 731 North Uber Street. I should be here with the architect and possibly
a representative of the owner. Thank you. Do you swear our firm to tell the whole truth and nothing
about the truth? Yes, I do. Do you agree to weigh the reading of the refusal and stipulate to its
accuracy? Unfortunately, there's a correction to the refusal that I would like to put on the record.
Okay. Have you emailed the exhibit packet? You can put that on the record when you begin.
Yes, thank you. Have you emailed the exhibit packet with proof of ownership, tax compliance,
refusal or referral, photos under plans of the property five days in advance of this hearing,
and have you met with the RCO, and do you have a letter? Yes, with the caveat that United
Francisville has not sent me a letter they were indicating they were sending it to the board
but we did meet with United Francisville in June of this year and they indicated I haven't seen a
letter so I don't want to say what they indicated. Okay you may proceed. Thank you
and here I am and here are the exhibits I hope. They're there. Now as I need to do
school. There we go. Okay. Let me address the refusal. First of all, there's a list of the
exhibits, the application, the project information. Okay. There was an issue that we
dealt with the architect and United Franceville about the pilot house is listed as 111 square
feet. What was not noted by the examiner and is now noted on the plan's SP1 is that there's an
elevator to the top floor pilot house. It's not a floor, but it's a pilot house. Because there's
an elevator, the size under the code is now 125 square feet, and therefore the height is going to
be 38 feet to the roof not 48 feet the 48 feet included the pilot house so we're noting to
the board and we'll get down to it with the plans that there is an elevator which allows
the pilot house structure to be 125 because it was over the original I forget 90 or 95 at 111
they indicated that that was a floor but it is not excuse me Mr. Perry this is Sharon can I ask
one question. Hi. The plans that you submitted as revised plans, are they the same as those that
were reviewed by L &I? In other words, did the examiner just miss the elevator, or was it not
identified on the original plans? I understand, and Michelle, I believe, is here, but I understand
that they just missed it. It is now in SP1, and unfortunately, the plans are really small, but
at this area here
is the elevator
with elevator.
In that case, if it is,
if they are the same plans
and it was originally identified and it was
just an error on ONI's part
to miss it, I think the board
wouldn't necessarily need to stamp
revised plans since they are the same
but could just add a note stating
that includes
pilot house.
I will ask Michelle that
after my presentation okay thank you 731 north uber street is currently a property that has a
setback of 30 feet and that was the refusal along with the parking and the height
the issue here is that there's only two houses well let me go down to the
to the photographs there's only two houses on this block that have this setback
and one of them is ours that we're planning to here's the posting that we're planning to move
forward to the street all the other properties on the block
and on across the street are at the street front with the exception of ours and the adjacent
property all these are across the street they have garages you can see and they are at the
front property line. We are seeking to move the new construction as a single -family home
four stories. Basement is not utilized. It's utilized for
four stories basement is not utilized it's utilized for storage and utilities and we're
asking for a two -car garage access similar to what's on the other garages on the street as
you can see here this is directly across the street let's see setback so the the issue is
that this house will be more in conformity with 95 % of the block or 98 % of the block.
It's just because the immediately adjacent property has a 30 foot setback that that refusal
was generated. So we want to bring the house forward and we want to have off street parking.
You can see that although there would be parking not accessed now because they park in the 30,
everybody parks in the 30 -foot setback in these houses. But the cars would be taken off the street
so that it would be a wash in terms of the parking issue. On the plans, and I'll have,
if Michelle is here, well, all the plans are, well, we have them here.
let me rotate that
okay this is the pilot house with the elevator and there is a
single family dwelling to be built here here's the elevation because it's a pilot house the
elevation will be 38 feet so we'll be within that guideline and we'll be in the guideline with the
elevator. So the primary issue here is moving the house forward to the street property line and
having off -street parking. Michelle, are you here?
I'm here. Michelle, can you put your name and address on the record and I'll swear you in?
Michelle Kleschick, K -L -E -S -C -H -I -C -K, from Parallel Architecture Studio, 230 South Broad Street, 17th floor, Philadelphia.
Thank you. Do you swear our firm to tell the whole truth and nothing but the truth?
Okay, Michelle, you've heard my representation.
Could you describe briefly what the planned house is going to look like in terms of number of bedrooms and usage as a single family?
Yes, so it's a three -bedroom house with a generous living room and dining area on the second upper floor, which provides quite nice views of the city and the surrounding area.
There's a two -car garage at the front, which would be reusing essentially the same driveway that's there to access the current open parking area in front of the old house.
um otherwise we're just trying to maximize our space while making a very nice house
in a nice neighborhood okay and in the basement there are this basement is just storage and
utilities yeah it would just be storage and utilities okay here's the layout of the i'm
sorry i was going to say the original application did not mention that there was an elevator in the
pilot house. Oh, it did not have it. It did not. It did not mention that. Sharon, we would ask
that SP1 be stamped by the board if they approve this, indicating the elevator. Here it is here.
Yes, we've provided. Yes, that would be fine. Thank you for clarifying that.
Yes, the refusal did not note that the plan listed in the pilot house 125. The roof is
therefore 38 feet. So we would ask that SP1 as attached to the document production
be stamped by the board and therefore can be resubmitted to the
elevator. Thank you for clarifying Mr. Perry. Thank you. Thank you Michelle. And we also we
did slope the roof of the pilot house so that it you know is less visually obtrusive because you
might be able to see it from the two houses down the block from us that are set back.
But our face is in line with the building to the right of us. Okay.
Okay. I don't know if anyone here, is anyone here from the owner, Frank, or anybody?
If nobody raises their hand, I would ask the board to
take my testimony as attorney for the llc as true and correct and make that part of the record
we will do that does the board have any questions no no no is there anyone in the virtual audio
no no no is there anyone in the virtual audience
no further hands at this time okay planning commission
thank you madam chair ian hegarty for the philadelphia city planning commission
in 2018 the zoning map was amended from rm1 to rsa5 at this location in accord with
recommendations from the comprehensive plan and with the support of the community
With regard to the refusal for front yard setback, we recognize the block contains a mix of setbacks
and that strict adherence to the setback requirement would constitute an unnecessary hardship for the applicant.
However, with regard to the front -loaded parking, the applicant's hardship claim is not supported
with evidence of unique physical circumstances or conditions of the property
and rather relies on existing non -conforming conditions of adjacent properties.
The Commission strongly opposes garages on the sidewalk, as you've heard me say before, because of their impacts to safety and the public realm, regardless of adjacent nonconformities.
The City Planning Commission would recommend that the Board grant the variance for front yard setback, but deny the variance for the front garage and curb cut on this property.
Can you repeat that for the front yard setback you're okay with?
that's correct the planning commission recommends that the board grant the variance for the front
yard setback but deny the variance for the front loaded parking thanks and we would just note that
now for the record that that's would be a wash because currently they park you know in the 30
foot setback uh you know we're not taking we're rather than putting two cars on the street we're
putting them in garage this is the the housing directly across the street and you'll notice that
this particular block has a series of off -street parking. Thank you.
Right. The RCO, what is their position on this?
They said they were mailing a letter to the zoning board and we met with them. I didn't hear
any opposition, but I didn't want to represent to them. We've requested a copy of the letter
at least three times in the last two weeks and I didn't see it. So I either assumed that they
didn't send it or that it would be with
the zoning board.
Do we have anything?
I don't have a copy.
The RCOs don't always copy me.
Ms. Sunkett,
do we know if there was one submitted to the
RCO ZBA mailbox?
We can check,
Ms. Saletta.
Would you like to hold this vote
until next week, Madam Chair?
Yes, I would.
I don't know how to get a letter.
I've been knocking on their door for weeks.
If there is none in the RCO mailbox either,
Mr. Perry, if you could just email me the name of the RCO
and maybe I could contact them.
It's United Francisville.
And I'll send that to you.
Is this Tanya?
Okay, I'll send that to you, Sharon.
Okay, thank you.
So calendar number 1476, 731 North Uber Street, we'll be holding that.
Thank you very much.
Thank you very much.
This concludes the 930 hearings.
Is there anyone else in the audience who feels that they've not been heard or would like to say something?
I see no further hands at this time, Madam Chair.
Thank you, Mr. Hand.
I will see everybody back at two o 'clock.
Okay, Madam Chair, as you wish.
Thank you.
Good afternoon. My name is Carol Tenere, and today I'll be the Acting Chair of the Zoning Board of Adjustment.
I'll be participating in today's hearing along with Board Secretary Confessor Plaza and Board Members Thomas Holloman and James Snell will be joining us a little bit later.
board administrator tanya tanya sunkett and board attorney sharon saletta are also in attendance
and there is another attorney rebecca cole who is present 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
that this proceeding is being recorded and that by participating you acknowledge your agreement
to be recorded. This is available to the public and it is also on the web. Third, for anyone
participating by phone, if you wish to testify you must raise your hand by hitting star nine
then star six to unmute yourself. That's star nine then star six to unmute yourself. To enter an
appearance statement, call 267 -270 -5548 and leave your email address and address of the property
at issue. The number again is 267 -270 -5548. Fourth, and very importantly, the question and
answer box is not for testimony. Any comments are to be directed to Ms. Tanya Sumpkit.
And now I will proceed with the continuance we have.
Calendar number 1682 -4520 -40 Worth Street is continued.
Does anyone object to that?
You know what I'll do?
I'm going to pull all the continuances and withdrawals.
and if anyone objects, they can then raise their hand.
The next one is number nine board 0591
is the calendar number, 817 Ellsworth.
That's also continued.
Are there any objections?
And if so, please raise your hand.
I see that Madam Chair.
Thank you, Mr. Hand.
are there any requests additional requests for continuances
or withdrawals if so please raise your hand
Mr. Mattione has his hand raised I will allow him to speak at this time okay great
Michael Michael not allowed to say Michael um Mr. Mattione Mr. Mattione
name and address please and spell your last name and i'll swear you in certainly michael
mattioni m -a -t -t -o -n -i federal reserve bank building 100 north independence mall suite 5a
northwest philadelphia 19106 and it's do you swear for oh sorry do you swear from the total
whole truth and nothing but the truth i do i apologize for interrupting are you here for
4140 West
Girard? Yes, yes.
We met with the RCO.
We made changes, but we want to talk
with them again about a couple little
changes to the plans because we just
got a letter from them yesterday, and we want to
go meet with them one more time and
make sure they're on board with the project.
And the letter, the
indication I have is that they are,
we have letters of support.
So that's calendar number
MI -2021
21 -001687, 4140 West Gerrard Avenue.
This case is continued.
Is there anyone in the virtual audience on this case?
To no other hands, Madam Chair.
Thank you.
Thank you, Mr. Mattyoni.
are there any other requests for continuances
no further hands at this time madam chair calendar number 1686 1212 -20 marlboro street
the attorney is catherine missimer and we have a fishtown neighbors association rco letter of
I'm Ms. Catherine, Mr. Merr, how has been promoted to your panelists?
Hi, Ms. Mr. Merr, can you put your name and address on the records by your last name and I'll swear you in?
Yes, it's Catherine, M -I -S -S -I -M -E -R, 1835 Market Street, Suite 1400, 19103.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
And have you emailed the exhibit packet with proof of ownership, tax compliance, 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?
And do you have a letter? Yes. And as I mentioned, we do have an FNA letter of support for you,
And as I mentioned, we do have an FNA.
so you may proceed. Thank you. I'll go ahead and share my screen. Thank you. Can everyone see that?
Yes. Great. As I mentioned, I'm here today on behalf of 1212 Marble LLC and Fishtown Montessori
School, which is the tenant at 1212 to 1220 Marble Street in the Fishtown neighborhood
of Philadelphia. We're here with an application for an adaptive reuse of the existing stone church
building on site as a child care center. With me today is tenants representative Denise Petrino,
who is head of school for Fishtown Montessori, as well as David Whipple, the project architect.
As you can see from your packages and hopefully on your screen, this project has overwhelming
support from the surrounding neighborhood. First thing you can see is a letter from Fishtown
Neighbors Association. We met with the RCO and they've provided their support. We also have a
petition as well as several individual letters of support from neighbors. We do also have a petition
with 80 some signatures on it. This is the zoning site plan. The only addition proposed to the
existing structure are two play structures that would be in the yard for use by the child care
Center. Fishtown Montessori has operated an existing child care center in this neighborhood
for the last four years. They're located on Girard Avenue between Marlboro Street and Oxford.
So this would be right down the road from the existing location. Where will the kids be dropped
off? If you look directly in front of the building, there's an existing curb cut there which will
remain. And 85 % of our families do walk or bike to the existing location. So we really don't have
a need for an ongoing parking situation. Additionally, because of COVID, we've staggered
our drop -off and pickup timing so that there's not a mad rush of students and families arriving
at the school. Thank you. The program enrolls children from ages two to six. And because of
its vast success on Girard Avenue, we're proposing to add a second location here in what we think
is a perfect setup, a vast church building with large lush grounds. I want to show a couple photos
of the interiors to understand what the space provides. This is the existing interior of the
church. The beautiful beams and all will stay and we'll just basically adaptively reuse this space
again for the child care use. It's a creative way to bring this building back to a community resource
because the prior owner did attempt to use it as a single family home, but the estate has advised us
that they really have had no interest since his passing and use as a single family home. And again,
because of its setup, it does lend itself very well to this long -standing community use.
so this property is actually zoned RSA 5 which would require a single family that's generating
the refusal we also did receive a refusal for the proposed playground structures in the yard
as that would technically necessitate two structures on one lot again no separate
structure is proposed it's just playground equipment for the students to use while they're
in school another benefit here and you can see it in some of the posting pictures is that there's
lush landscaping here so we will be able to offer the students both active outdoor play as well as
some opportunity for gardening which can be very educational obviously and lend itself very well to
the Montessori program. Catherine what are the days and hours of operation?
It's operating five days a week as a traditional school would and I believe Denise Petrino is on
she can speak to the hours. But again, we do have staggered drop -off and pickup times,
which I think alleviates any of the proposed congestion that a typical school would provide
in a set drop -off time. Okay. I have one more question. Wait one second. I have one more
question. There are two areas for play for the kids and are they behind the fence? Yes.
So they're totally secured? Correct. Yes. Okay, great.
And if you'd like, I'm sure Denise can speak to the hours.
But again, historically, being that this was used as a church, probably Sunday school child care in the past,
the neighbors really support this proposal and think it's a great way to sort of bring this church back to life in the neighborhood.
Okay. Does the board have any questions on this?
No, no, no.
I would just ask Denise to be promoted to panelists.
Denise, can you put your name and record address on the record?
Denise, can you put your name and address on the record?
Thank you.
Does she need to present or something? This is Tanya.
I just need her to adopt my testimony.
Okay, so she doesn't have to be promoted, Jason. She could just give audio.
Thank you.
What is her name again? Denise? Petrina?
Petrina.
Ms. Petrina, please raise your virtual hand.
so you may hear it she's been allowed to speak hello this is denise vitrino thank you for having
me today hi can you please spell your last name it's s as in sam p as in peter e -t -r -i -n -o
do you swear or firm to tell the whole truth and nothing but the truth
i do okay and now your attorney denise have you heard my testimony today yes i have
would you agree that it's true and correct yes would you adopt it as your own i would
thank you we have nothing further unless the board has additional questions
thank you is there anyone else here to testify
can you hear me
I can hear you.
My further hands.
Thank you. Planning Commission.
Good afternoon. David Fecteau, F -E -C -T -E -A -U with the City Planning Commission.
Do you swear I'm to tell the whole truth and nothing but the truth?
Yes, I certainly do.
You may proceed.
Thank you. Madam Chair, members of the Board, the Comprehensive Plan recommends this property for single -family zoning.
We believe that the applicant has shown that the proposed daycare and play structures will not alter the single -family character of the block.
We recommend that the Board grant the requested variances.
Thank you.
Calendar number 1686 -1212 -20 Marlboro Street.
My vote is yes.
Professor Plaza, my vote is yes.
James Snell, my vote is yes.
thomas holloman my vote is yes thank you sure thank you calendar number 1624 -1605 -07
north 4th street the attorney is alan knockamson
mr snell i said you were joining later but i see you're here now so mr snell is now participating
Thank you.
Madam Chair, Ms. Clementa Amazon has been promoted to panelist.
Thank you.
Samazon, can you put your name on the record and your address?
Spell your last name.
Yes, of course.
We have to stand by Chair Quentin Amazon, C -L -E -M -E -N -T -A, last name A -M -A -Z -A -N,
address is 123 south broad street suite 1600 19109 you swear or firm to tell the whole truth
and nothing but the truth i do do you agree to waive the reading of the refusal and stipulate
to its accuracy i do have you emailed the exhibit packet with proof of ownership tax compliance
refusal referral photos and or plans five days in advance of this hearing and have you met with
the RCO and do you have a letter? Yes and we actually have a letter of support. Okay and I
show that South Kensington Community Partners has submitted a letter of support along with
Councilwoman Sanchez has sent a letter in non -opposition. You may present. Thank you I'm
just going to share my screen. Yes. Can everyone see my screen? Yes. Perfect. So again, my name
is Glenda Amazon. I'll be presenting 1605 -07 North 4th Street. This is a very straightforward
project. Currently, there is an existing garage, and we're looking to do a three -story addition.
My client plans on moving in with his family and using it as his home.
So during my presentation, I will go through the deed, certificate of tax clearance, the notice of refusal, the application for appeal, maps of the area, photographs of the property, our proposed plans and drawings.
And as I mentioned earlier, we also have a letter of support from South Kensington Community Partners.
So here we have the deed to the property. My client actually inherited the property from his father.
what is your client's name Tyrese Hayes okay
a certificate of tax clearance
our certificate of tax clearance, and the notice of refusal. So as I mentioned before,
the property is zoned as single -family. We are maintaining the single -family use. There is
currently an existing garage, so we have a refusal as a result of that because we want to maintain
that garage and build on top of it. And then we have refusals for the height as well as the open
area. We have an application for appeal. Again, the refusal, the project information form.
Map of the area. Again, the property zone is single -family. We're maintaining single -family
use. Here's a view of the front of the property. As you can see here, it does have the garage that
we are maintaining. View to the right of the property on North 4th Street. View to the left
the property on north fourth street and here we have our proposed plans and drawings this is the
rendering that you saw in the cover page we were very excited about this because we were able to
incorporate some of the feedback that we received during the community meeting for example changing
the doors and leveling them out the proposed floor plans that we have here so we have the garage
the living room dining room and kitchen on the second floor and then the third and fourth floor
would have bedrooms and the fourth floor is the master suite and as i mentioned we do have a lot
of support from the community we met with them on may 26th they were very excited about this project
and the reuse of the project of the structure excuse me our notice of our notice of refusal
and the notice we sent out to the community on may 12th for the community meeting that we had
scheduled for May 26th at 6 30 p .m. and that notice was sent out to 114 properties in total
our certificate of mailing and with that I will be happy to answer any questions that the board
may have does the board have any questions no no Tom you're echoing but I know you said
No, you have no questions. Is there anyone in the virtual audience who would like to testify?
I'm sorry, Madam Vice Chair, but I could also just have my client, is that my testimony?
Absolutely.
His name is Tyrese Haynes, he should be in the audience.
I would ask that he raise his virtual hand.
Oh, I'm sorry. I'm sorry.
Tyrese, can you put your name and address on the record and spell your last name?
My name is Tyrese Hayes, H -A -Y -E -S, and my address is 1605 -04.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, ma 'am.
Thank you.
I'm sorry, did you hear my presentation today?
yes and was it shown correct yes ma 'am and would you adopt it as your own testimony
yes ma 'am thank you planning commission good afternoon david vecto city planning commission
madam chair members of the board the comprehensive plan recommends this property for single family
use we believe the applicant has demonstrated sufficient hardship and that the requested
height is de minimis accordingly we recommend that the board grant the requested variances
thank you calendar number 1624 -1605 -07 north 4th street my vote is yes
tessa plaza my vote is yes james snell my vote is yes thomas holliman my vote is yes
thank you it's a beautiful house beautiful it truly is we're excited about it i'm jealous
as am i calendar number 1634 -2333 germantown avenue the attorney is alan knockamson or is
that you clementa amazon i'll let alan take this one on okay
name and address and spell your last name please
Name and address.
Spell your last name and I'll swear you in.
Alan Nockamson.
Nockamson.
N is Nancy O -C -H -U -M -S -O -N.
123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you agree to wait the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,
Have you emailed the exhibit packet with proof of ownership, tax compliance, refuse?
photos 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? Yes, in all respects. And we actually have a letter of
support from the coordinating RCO. We have a letter from the 37th Ward RCO, which is a letter
of support. You may proceed. All right. May I share my screen? Sure you may. All right. So I'm
here to present 2333 Germantown Ave. This is a CMX2 property. We're looking to put four residential
units in this property. Ultimately, we're allowed to have four units as CMX2. We're just trying to
swap out the commercial unit with the residential unit. In terms of our, let me just make this a
little smaller. You'll see our table of contents. We'll go over the deed, the certificate of tax
clearance, notice of refusal, application for appeal, maps of the area, photographs of the
property, as well as the surrounding area, the plans and drawings, as well as the letter of
support from the 37th Board Executive Democratic Committee. With me also, who will adopt my
testimony, is Furkan Kozar, who is the owner of the property. As you can see, it's Turtle
International Incorporated. Mr. Kozar is the principal member of that company.
certificate of tax clearance you'll see that you know we paid the balance due for 2021 and then
the refusal again we're a cmx2 property we're looking to put four residential units that is
our first refusal we're merely trying to swap out the commercial unit with the residential unit
the second refusal has to do with the open air requirements as you you'll see this is in a
regularly shaped lot. If this was a lot that was squared off, we would be able to meet those
requirements. And then the third refusal has to do with the rear yard depth. Nine feet is required.
We actually have nine feet, one inches on one side, and unfortunately, two feet, one inch on
the other because of the irregular shape of the lot. Again, if this was a regular shaped lot,
we would be able to comply with that as well. Our application for appeal to the ZBA for this
matter along with the notice of refusal in the project information form maps of the area again
we are on germantown avenue between 8th street and 7th street and between dauphin and york this
is cmx2 but there is a mix between residential and straight residential and a mix of commercial
and residential but you'll see the regular shaped lot that if we were squared off we would be able
to comply with those requirements photographs of the property this is a vacant lot
pictures to the right of the property from germantown to left of the property
from germantown and then our plans and drawings
again as you can see we're nine feet one inches in the rear on this side but only two feet one
inches from the other side and that's where we get our refusal again if we were squared off here
we would be able to comply with the code and then our floor plans
you walk through the vestibule you go into the first floor it's three bedrooms three baths
with flex in the in the basement you go up a flight of steps the second and third floors
really second third and fourth floors all have three bedrooms three baths all uh approximately
1250 square feet the the amount of bedrooms was actually attractive to the community the community
felt like this gave a possibility for people to um that we can rent to who are families rather
than single individuals or just couples and again just a rendering again of the front of our
property brick facade no bay windows lots of light and air and then most importantly our letter of
support where we receive overwhelming uh support from the community with regard to that this project
with that being said i'm open to uh field any questions the board may have does the board have
any questions no no no is there anyone in the virtual audience who has questions
i see no hands madam chair okay you can call firkin kosar yes mr kosar can you virtually
raise your hand
Oh, I believe actually another member from the organization, Gazi Adaseven, will be appearing on behalf of the company.
Hi, everyone. Yes, my name is Gazi Adaseven.
Thank you. Can you spell your last name?
Adaseven, A -T -A -S -E -V -E -N.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Absolutely, I do.
Thank you. Mr. Nockamson. Yes. Mr. Addison, you heard everything I stated today.
Yes. And is it true and correct? Yes. And do you adopt it as your own testimony? Yes. Thank you.
Madam Chair, can we just ask that the individual who just spoke state his spelling for his first
name as well, please. Okay. Ghazi, can you spell your first name? G -A -Z -I.
G -A -Z -I. Thank you. Welcome. Planning Commission. Good afternoon. David Vecto,
City Planning Commission, Madam Chair, members of the board. The comprehensive plan recommends
this property for, let me revise that, for commercial mixed use. This is an 1 ,860 square
foot lot. There is nothing unique that would prevent the applicant from complying with the
rear yard and open space requirements. However, as most of the commercial storefronts in the block
have changed primarily to residential, we recommend that the board grant the variance
for ground floor residential use, but not the variances for rear yard and open space.
calendar number one six three four
2333 germantown avenue my vote is yes
professor plaza my vote is yes
james snell my vote is yes
thomas halliman my vote is yes
thank you
calendar number one six seven eight
twenty six twenty eight martha street
the attorney is joe consul
Ms. Sunkit?
Yes, Madam Chair.
Should I be announcing myself also at the vote?
Yes, Madam Chair, if you will.
Okay, thanks.
Hello, can you put your name and address on the record and spell your last name, please?
Yeah, sure. Joseph Consul, Consul Madison, 1 West 3rd Street, Suite 204, Media PA 19063. How's everybody doing?
Everybody's great. Hopefully you are too. Do you swear if I'm to tell the whole truth and nothing about the truth?
Do you agree to waive the reigning of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with the required documents, consisting of proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of the hearing?
And have you met with the RCO, and do you have a letter?
Yes, we sent everything. The RCO letter came through yesterday, and that was sent over yesterday.
Okay, and do you also agree to waive the reading of the refusal and stipulate to its accuracy?
You may proceed.
Joe Consul again. I'm here on 2628 Martha Street. It is a lease for Unit 2B. It's a 973 square foot space. Is my zoning packet on screen? Just wanted to confirm.
Yes. All right. The tenant is Rachel Beam. She's the owner of ThatBeamGirl LLC. It is a body art studio. She has been practicing as a body artist by herself. She apprenticed. She's been doing it for three and a half years now by herself. Here's some of her work.
she plans to use that space as an appointment only tattoo and body art studio
external we have refusals for body art
that's the space right there uh she's going to be appointment only she anticipates having one
a day uh i believe five days a week and um we met with the rco and we got a letter of support
which, as I said, was sent last night. She has a lease for two years, and she anticipates being
there much longer. That's really it. I could call Rachel to adopt my testimony. If you'd like to.
Rachel?
Rachel?
Rachel I'm here can you hear me yes can you put your name and address on the record please and
then I'll swear you in yes my name is Rachel Beam R -A -C -H -E -L Beam B as in boy E -H -M as in Michael
my current address is 890 South Matlack Street apartment 409 Westchester Pennsylvania
Do you swear or affirm to tell the whole truth
and nothing but the truth?
Yes, I do.
Thank you.
Hi, Rachel, did you hear my testimony now
regarding your request for variance for body art?
Yes, I have.
Do you adopt that as your own?
Do you have anything you'd like to add to the board?
I do not.
All right, thank you.
That's all I have unless there's any questions.
Does the board have any questions?
Planning Commission.
Good afternoon, David Fecto, City Planning Commission, Madam Chair, members of the Board.
The comprehensive plan recommends this property for industrial and residential mixed use.
We believe that the proposal for body art services is compatible with the goals of the IRMX zoning district and will not alter the character of the block.
We recommend that the Board grant the requested variance.
Thank you.
calendar number one six seven eight 26 20. Madam Chair I apologize that's okay community
oh yes is anyone in the virtual community who would like to speak
this time Madam Chair wait wait a hand just went up to Mike Chambers I will allow him to speak at
this time. Hello. Yes. Can you put your name and address on the record, sir? My name is
Michael Chambers. That's M -I -C -H -A -E -L -C -H -A -M -B -E -R -S. Address is 2580 Frankfort Avenue.
uh philadelphia 19125 do you swear for him to tell the whole truth and nothing but the truth
i do okay you may proceed um i just wanted to um i i own a tattoo studio uh just a number of
blocks away from the location that she's uh that rachel is zoning and i just wanted to
just speak up in full support of her um being zoned and moving in there and i've been in thank you
thanks mike thank you calendar number 1678 2628 martha street
my name is carol tenere and my vote is yes professor plaza my vote is yes
James Snell, my vote is yes.
Thomas Holliman, my vote is yes.
Good luck.
Calendar number 0632 -3919 Ridge Avenue.
Alan Nockmson is the attorney.
tanya are these two cases combined he's the next one as well
let me see they're two different blocks both on ridge avenue yeah it might be
Hi, Mr. Nockamson.
I'm not sure where he is.
Oh, there he is.
Hi, are these two cases combined, 3919 Ridge and 3883 Ridge?
No, it just happens that we have two matters separately.
A block away from each other.
I know, I noticed that.
Can you put your name and address on the record and spell your last name?
Yes, Alan Nockamson.
knockamson and it's nancy o ch u m s o n one two three south broad street suite 1600 philadelphia
pa 19109 you agree to wait the reading of the refusal and stipulate to its accuracy
i do have you emailed the exhibit packet with proof of ownership tax compliance refusal or
referral photos under plans of the property five days in advance of this hearing and have you met
with the RCO and do you have a letter?
Yes, we have a letter of support from the Ross Civic Association, as well as a letter and a letter of support from Council Member Curtis Jones, Jr.
Yes, we have a letter of support
from the Ross Civic Association
as well as a letter.
Okay, great. You may proceed.
Okay, may I share my screen?
Yes, you may.
All right, so you'll see this is the rendering of the property. I think we're very proud, at least today, with what our properties are going to look like.
I think every property that we have shown the board and will show the board shows great care by our clients to, like, enhance the architecture in Philadelphia.
So, similar to the other projects, this one's a very handsome brick facade.
This is an RSA 5 property, but I believe RSA 5 in name only.
In 2019, I presented 3915 Ridge Avenue under similar circumstances where we proposed to have a seven residential units and one commercial unit, which this board granted.
And here we're only seeking six residential units.
So in my presentation packet, you'll see deed to the property, certificate of tax clearance, notice of refusal, application for appeal, maps of the area, photographs of the property in the surrounding area, plans and drawings, and a letter of support from RAA Civic Association and a letter of support from Council Member Curtis Jones Jr.
Can you scroll to the photographs?
Oh, yes, yes. D to property showing 3919 Ridge LLC is the owner of the property. Certificate of tax clearance showing where good standing. Again, no dimensional refusals. We're here simply because this is an RSA 5 property.
This is a 2 ,650 square foot property, a lot size at least.
And if this was an arm one property,
which it probably should be,
it would be allowed as a right application for appeal.
Maps of the area.
Again, we're on Ridge Avenue
between Allegheny and Clearfield.
Photographs, this is the current condition of the property.
Ridge Avenue to the right of the property,
ridge avenue to the left of the property and again this is what it will hopefully look like
if this board approves our proposal most importantly this is built on a slab which
means we will not have any basement use we have specifically delineated where they go let me make
this little uh bigger but the garbage is stored in the rear and because of the pass -through
to the left of the property where someone can go from front to back there will be adequate
storage of trash as well as disposal of trash for all units each of the floors will have two
residential units and here's our letter of support overwhelming support from raw civic
association and a letter of support from council member curtis jones jr with me i have david ross
the member of 3919 ridge llc who will adopt my testimony
mr ross
Mr. Ross, if you can virtually raise your hand
Hello, my name is David Ross
And your address, please
2509 East Norris Street
philadelphia pa 19125 do you swear if i'm to tell the whole truth and nothing but the truth
yes you may proceed mr ross you heard everything i stated today yes is it true and correct
yes and do you adopt as your own testimony yes all right thank you my understanding is there
may even be some community members uh in support of this project as well in the audience is there
anyone in the virtual audience who would like to speak, please raise your hand.
Alan, most of the support is from the townhome project, which we're presenting next.
Okay, gotcha. So I'm incorrect. There is no one in the virtual audience for this project.
For the next one. Okay, planning commission. Does the board have any questions? No.
no okay mr effecto thank you very much madam chair members of the board david effectos city planning commission
Thank you very much, Madam Chair, members of the board, David Vecto, City Planning Commission.
The comprehensive plan recommends this property for multifamily residential use.
This would allow five units by right.
There is documented history of other multifamily buildings on the 3900 block of Ridge Avenue,
and we believe a six -unit building will not alter the essential character of the block.
We recommend that the board grant the requested variance.
calendar number 1623 3883 rich avenue
is that the right now that's the wrong case calendar number 0 6 3 2 39 19 rich avenue
this is carol tenere my vote is yes sir plaza my vote is yes james snell my vote is yes
Thomas Holloman, my vote is yes.
Calendar number 1623, 3883 Ridge Avenue.
Mr. Nockmson, name and address.
Yes, Alan Nockmson, Nockmson, N -O -C -H -U -M -S -O -N, address 123, South Broad Street, Suite 1600, Philadelphia, PA, 19109.
you're already under oath do you agree to leave the reading of the refusal and stipulate to its
accuracy i do have you emailed the exhibit packet with proof of ownership tax compliance refusal
referral photos under plans of the property five days in advance of this hearing and have you met
with the rco and do you have a letter uh yes i actually we have a letter of support from raw
civic association as well as a letter of support from district council member curtis jones jr
for this project as well okay great you may proceed yes so i don't forget uh this does have
revised plans which i i did give to miss saletta earlier today so if if this board does elect to
grant the variance i would ask for a proviso with revised plans how many pages just one
Okay, great. You may proceed.
Thank you.
Hi. This project is on the 3800 block of Ridge Avenue.
What we propose to do with this ICMX property is to put a 22 unit townhome community.
So 22 single -family homes, each having parking by way of a garage and a common drive aisle, as well as 22 bicycle spaces as well.
This project, we've worked hard over the past few years with the community.
Originally, we're thinking something different, more of an apartment building, given the fact that this is of a substantial size of almost of over 22 ,000 square feet.
But in the end, we agreed with the community that this should, you know, this is a single, this is a residential neighborhood.
This, you know, the multifamily, as you see, is not large, and it's more appropriate here to have a single family usage.
uh you'll see the you know in my packet of materials the agreement of sale the certificate
of tax clearance the notice of refusal application for appeal maps of the area photographs of the
property as well as the surrounding area architectural plans and drawings and most
importantly the letter of support from raw civic association and a letter of support from council
member curtis jones jr i'm just going to make this slightly smaller so you can see the full page
or agreement of sale showing that 3883 Ridge Avenue LLC
is under contract to purchase this property
subject to obviously zoning approval.
Let me just get through that quickly.
Tax clearance certificates showing no taxes are owed on the property.
Notice of refusal.
So this is again an ICMX property of almost over a little over
22 ,000 square feet. Again, just to reiterate, we are doing 22 townhomes, which 11 of the townhomes
will be on the Ridge Avenue side. 11 will be on the North 35th Street side with the drive aisle
in the middle. These are our refusals. The first is multifamily household living is not permitted
in ICMX district. Again, because this is going to be a PUD, it's considered a multifamily,
but it's really not it's really single family second refusal is the balconies are not permitted
in ICMX zoning district as part of our revised plans we actually eliminated the balcony so that
refusal will no longer be in effect the third refusal has to do with the minimum number of
accessible spaces once required zeros proposed again each of the townhomes will have a parking
space. Third, refusal has to do with the minimum rear yard depth because we have work.
A third refusal has to do with the minimum rear yard depth because we have we're facing all these public streets.
It's more of a technical refusal of three feet where really you'll see with the open area and everything where we have a huge amount of open area and rear yard depth for all of the actual townhomes.
A fourth refusal has to do with the requirement for electric car vehicles.
Again, each of the townhomes have, like, their own parking space, and the fifth refusal has to do with the number of off -street loading spaces where three is required and zero is proposed.
Application for appeal that we filed with the ZBA, along with the notice refusal and the project information form.
Maps of the area.
So, as you can see, we're on Clearfield.
we also are on the corner of north 35th street and ridge it's a regular shaped property even
though this is icmx as you can see we are surrounded by yellow rsa5 really this is a
residential neighborhood in nature photographs of the property again this is what the property is
It's not currently being used from West Clearfield, from North 35th, Ridge Avenue to the right of the property, Ridge Avenue to the left of the property, West Clearfield to the right.
As you can see, this is when we start getting into the residential component of the neighborhood.
West Clearfield to the left of the property, North 35th Street to the right of the property, North 35th Street to the left of the property.
Our plans and drawings. So again, our first page is the revised proviso plan form that I completed, signed three changes, five foot setback from West Clearfield Street along North 35th Street in order to accommodate a sewer line.
The second change in the plans, and this is on Z2, is the reduction from a 20 -foot -wide drive aisle to a 20 -foot drive aisle. Our understanding is that the zoning code has changed to allow for such a drive aisle of that width.
And then the third refusal is the elimination of the balconies, which I previously stated.
Behind the completed form is the stamped drawing of Z2, which we would be accepted by the zoning board in the form of a proviso.
Again, the five -foot setback is right here.
That was referenced in the proviso plan form.
The drive aisle is 20 feet right here.
and then this is just a view of the property from 35th street a view of the property or the
townhomes from ridge and then just go
i don't think there's anything of necessity and here's just a site plan just showing
that you know the townhomes on 35th street and the townhomes facing on bridge and then
the drive aisle for people to get in and out you know you know of their garages there's two separate
floor plans for this project depending on if you're on ridge avenue townhome or if you're on the
north 35th street townhome the ridge avenue townhomes i believe are the four -story townhomes
So the way the properties slope, you actually get into the garage from the cellar area where there would be a foyer and a den to go up a flight of steps.
But to actually get into the townhome from Ridge, you would go up a flight of steps, you go into an open floor plan, living room, dining room, kitchen, up a flight of steps to two bedrooms, washer, dryer, and a bathroom, and then go up another flight of steps where you have the master bedroom with a green roof and just a roof deck.
If you're going on the 35th Street side, that's at grade, you would go into the garage. You would actually be able to go up a flight of steps to go in the front on North 35th Street, where, again, it would be a foyer area with a half bath.
Go up another flight of steps, open floor plans, go up to the third floor, sec, two bedrooms, washer, dryer, bathroom, and then up another flight of steps to the master bedroom and the master bedroom and then another roof deck.
And here's our letter of support from the community. As you can see, they were overwhelmingly in support of this project.
uh from the community as you can see they were overwhelmingly in support of this project
as well as a letter of support from the district council member with that being said um i would
like to uh have mr ross adopt our my testimony again my understanding is there are members of
the community who would like to voice their support of this project and then we would like
to take any questions the board may have for us so mr ross can you virtually raise your hand
Mr Ross, can you put your name and address on the record again?
David Ross, 2509 East Norris Street, Philadelphia PA, 125.
Do you swear for him to tell the whole truth and nothing but the truth?
Okay, Mr. Nockramson?
Yes, Mr. Ross, you heard everything I stated today.
And is it true and correct?
um with some minor grievances about details mostly correct we do have 12 townhomes on ridge
10 and 35th and that's very 35th street ones are the ones that appear to be four stories
and the ridge are the ones that appear to be three stories but correct otherwise thank you
thank you do you adopt as your own testimony yes okay is there anyone in the virtual audience who
I would like to speak on this case.
We have Ms. Hill.
She's been about to speak, ma 'am.
Hi, Ms. Hill, can you put your name and address
on the record and I'll swear you in?
Yes, my name is Kimikia, K -I -M -E -K -I -A.
last name is hill address is 3025 north 35th street philadelphia pa do you swear if i'm to
tell the whole truth and i'll think about the truth yes i do okay you may proceed i would just
like to thank dave and his group and his colleagues for involving the community and making this
decision and we welcome the townhomes and all the development that they have been doing in the area
Thank you.
So that's a good note. Is there anyone else in the audience?
No further hands, Mr. Chair.
Thank you.
Did I ask Planning Commission? No, there you are, David.
Hi, thank you. Good afternoon. David Vecto, City Planning Commission. Madam Chair, members of the board, the comprehensive plan recommends this property for industrial
use since adoption of the comprehensive plan the area has seen significant development it has
changed the character of the neighborhood we recommend that the board grant the requested
variances except for the variance for not providing an accessible parking space this last variance
frustrates the city's goal to provide equitable access to all residents
support of any questions no no no calendar number 1623 3883 rich avenue my vote is yes
with revised plans consisting of one page and my name is carol tenary
confessor plaza my vote is yes with proviso
Thomas Holliman
my vote is yes
with provisos
James Snell yes with proviso
thank you everybody
calendar number
949 -77 North Marshall
Street the attorney is
Catherine Missimer
Catherine, can you, yes, there you are.
Can you put your name and address on the record, spell your last name?
You're already under it.
Catherine Missimer, it's M as in Mary, I -S -S, I -M as in Mary, E -R, 1835 Market Street,
suite 1400, 19103.
Do you, no, strike that.
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, refusal, 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? Yes, to all of the above. Okay, on that
note, we do have a letter of support with provisos from the 14th Ward Democratic Executive Committee.
Yes, and you should be able to see that on your screen now.
Yes, and you should be able to see that on your screen now.
Can Rebecca, okay, present your case.
Thank you.
I'm here today on behalf of CCD 108 LLC and Catalyst City Development,
owner of the property at 949 to 77 Marshall Street.
With me today is owner's representative Tyler McNeil,
as well as project architect Gabriel Deck.
This application is for the new construction of 34 single -family townhomes,
each with two interior garage accessory parking spaces for a total of 68 parking spaces,
and a planned community to be located from Marshall Street to 6 between Poplar and Girard.
As you can see from the letter of support with unanimous support from the 14th Democratic Ward Executive Committee,
This project was welcomed by the neighborhood as single family with appropriate parking.
We also have letters of support from both the City School Poplar Campus, which is our direct
neighbor, as well as the residential neighbor on the other side of the project.
This is a rendering of the project and location of our site.
These are some photos of the existing building that's on site as well as the existing street
frontage. This site has been vacant for some time and is zoned RM1. Given its size, a buy -write
option here would be 85 apartments with no required parking. Based on our discussion with
the community, we feel that the proposal we present today is much more in line with what
they're looking for at this location, as well as by being able to provide the off -street parking
we're alleviating any negative impact this type of development may have on the existing neighbors.
The current proposal brings this site into conformity with the surrounding neighborhood.
The project is designed to have one -way parking entering off of 6th Street and proceeding out
through to Marshall. That way we avoid any congestion on either street that may be paused
by cars turning in or out of the project. Based on the planned community concept,
which is not recognized by the zoning code, there are some technical variances that are generated
here. The first being for the accessory parking. The code is strictly construed to mean that
the parking, even though we're coming in off of a shared drive to rear access parking,
the code looks at this as front parking because it's coming off of a public street into the site.
Again, all parking is rear garage parking accessible via a shared drive aisle.
The remaining refusals are for ADA spaces.
That's a typical refusal generated in an RM1 scenario where you would have a parking garage or a parking lot.
In this case, because all of our parking is interior to each individual unit, should a homeowner need the ADA accessibility,
their particular garage can easily be modified to accommodate that.
And that's why we have elected to proceed currently and can make that change if need be in the future.
Lastly, there is a refusal for bicycle spaces. Again, in our experience, we have found that if homeowners are using bicycles to access the city, they will typically prefer to hang them in their private garage rather than have public bike racks located throughout the community.
This project completed the civic design review process. The CDR committee commented on the red brick and the rounded edges which are in conformity with this section of the city.
We completed that process in the beginning of July.
In connection with CDR, we do have revised plans today that reduce the interior drive aisle width to 20 feet, allowing us to increase the pedestrian sidewalk area.
We agree that that is a beneficial comment to the project, and if the Board is so inclined to grant our requested variances, we would ask that you stamp those plans today. They consist of two pages.
We believe this project will not alter the essential character of the neighborhood.
Again, the RCO has expressed its appreciation for our context and parking off street.
We also believe that it will not impact either of the surrounding property's development because, again, we do have letters of support from both our near neighbors.
The project will not be detrimental to public welfare, as evidenced by our letters of support.
As such, we respectfully request that the variances be granted.
I would just ask that Mr. McNeil be allowed to speak.
Mr. McNeil, if you're in the audience,
can you raise your hand?
yes tyler mcneil ty mcneil mc and eil you swear if i'm to tell the whole truth and nothing but
the truth i do okay miss mr tyler have you heard my testimony today yes would you agree that it's
true and correct yes and would you adopt it as your own yes thank you we remain available if the
board has questions is there anyone in the virtual audience who would like to testify
diane monroe has her hand raised i allow her to speak ma 'am thank you
Ms. Monroe, are you there?
You hear me?
I'm sorry.
The community is 100 % in support.
Can you put your name, excuse me, can you put your name and address on the record and
spell your last name?
sorry that's okay diane monroe 11 17 mount vernon street here in philadelphia 19123
do you swear for him to tell the whole truth and nothing but the truth
sorry yes okay you may proceed now okay thank you okay um the community and especially
the community over there on Marshall Street. They are not in any opposition to the project.
They welcome it. And the owner is in agreement to put our provisos in a CBA. So there aren't
any problems with this proposed project. Thank you so much. Planning Commission?
i'm sorry madam chair if i may interrupt this is tanya um we do have another person who wishes
to testify okay david i'll get back to you later whoever that person is please raise your hand
mr sean megan i have allowed him to speak madam chair okay
Hi, Sean Meehan. Meehan, M -E -I -G -H -A -N, 979 North Marshall Street, Unit 1, Philadelphia, Pennsylvania, 19123.
Do you swear I'm trying to tell the whole truth and nothing but the truth?
Yes, I do. I'm the property directly across on the other side from the city school,
and I just want to say that they have been incredibly thorough and complete with addressing my concerns,
the community's concerns. I've met with them a couple of times. I've had a couple of requests
just to make sure that we're covered in terms of insurance and the game plan for construction.
I do work from home and they assured me that, you know, they're going to take that into
consideration. So it's been a pleasure working with them. And I have to say, you know, it's fully
endorsed. The neighborhood's excited about the project and, you know, I can't say enough good
things about working with the two project managers on the call. They've been very responsive to the
community thank you for taking the time to come in into the virtual world okay is there anyone else
who would like to testify i see no other hands madam chair david it's finally you thank you so
much madam chair members of the board david facto city planning commission the comprehensive plan
recommends this property for multi -family use not making accommodations for people with
disabilities or for people who don't own cars frustrates the city's goal of providing equitable
access for all residents we recommend approval of the requested variances
except for those for bicycle parking and ada parking spaces
calendar number one six three five nine four nine dash seven seven north marshall street
My name is Carol Tenere, and my vote is yes, with provisos, consisting of revised plans and stamped today, two pages.
Professor Plaza, my vote is yes, with provisos.
James Snell, yes, with provisos.
Thomas Holloman, yes, with provisos.
Thank you.
thank you great thank you that's this completes the two o 'clock hearings
Great, thank you.
so i will see everybody back at 3 30. oh madam chair you know it's me again it's tanya
oh hi tanya is there anyone in the is there anyone in the virtual audience
who would like to raise their hand and say anything about any of the hearings that we just had
maybe we missed you forgot to call your case there are no hands at this time miss chair
uh thank you mr hand uh miss sunka does that okay yes madam chair thank you kindly
thank you okay see everybody back at 3 30. oh yeah can you uh sharon wants us to uh go back
on the record for uh the 9 30 uh there's a case i guess we got a re -vote or something
check your e uh text message uh yeah what i have to do is see where my
so if i could suggest that we vote that at 3 30
do you know what if i can go okay no if that's what you want sure do that 3 30 yep
i'll write it down okay i still haven't found it i got it we do it at 3 30 i'll make sure i write
down my number okay thanks confessor yeah because i don't have was it a text or a text i'll write
it down and we'll take care of it at 3 30 i think she texted too okay thanks thank you so you guys
at 3 30. okay great see you at 3 30. great
good afternoon my name is carol tenary and today i'm the acting chair of the zoning board
of adjustment i'll be participating in today's hearing along with board secretary confessor
plaza and board members thomas holliman and james snell board administrator tanya sonkett and board
attorney Sharon Saleta and 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. This is available to the public
and is on the web. Third, for anyone participating by phone, if you wish to testify, you must raise
your hand by hitting star nine, then star six to unmute yourself. To enter an appearance statement,
call 267 -270 -5548 and leave your email address and address of the property at issue.
That number, again, is 267 -270 -5548.
If you wish to testify, begin by hitting star 9, then star 6 to unmute yourself.
Fourth, the question and answer box is not for testimony.
Any comments are to be directed to Ms. Tanya Sunkit.
We have continuances.
Calendar number 2851 -2421 Masher Street, that is continued.
And calendar number 1846 -3015 West York Street, that is also continued.
I'm sorry, Madam Chair.
I hope I'm looking at the right, the corrected information.
I have that as a withdrawal.
what do you have i have it as a withdrawal too i have it as a withdrawal too thank you very kindly
madam oh thank you for noticing that you notice everything and that's so great
calendar number one eight four six three zero one five west york street is a withdrawal
are there any other requests for continuances
in the virtual audience
I see no hands at this time, Madam Chair.
Thank you, Mr. Hand.
Calendar number 1534105 North Felton Street, Zen Jin is the attorney.
I'm sorry, Madam Chair.
Before we continue, do we want to re -vote the case that Secretary Plaza mentioned?
re -vote the case that Secretary Plaza mentioned?
Okay, if he could call that out, that would be great, because I don't have the information.
Secretary Plaza, are you available to read out that case?
Yes, it's actually number 12 from the 930 list.
It's MI 2021 -001 -415 -610 -South 12th Street.
I'm sorry, 610 -12 South 6th Street.
Madam Chair, what were your votes?
You know, where is this, the 930 list?
yes number 12 and it's uh if we voted yes it will be revised plans four page approved today
you know what let me look for it i found it right here um my vote is yes with revised plans
four pages consisting consisting of four pages yes okay confessor plaza my vote is yes with
proviso james snell my vote is yes with proviso thomas holloman my vote is yes with proviso
thank you secretary plaza i was looking at the other list
okay beginning of the regular list um calendar number one five three four one zero five
north felton streets engine is the attorney
mr jen has been promoted to panelists great hi mr jen can you put your name and address on the
record and spell your last name and I will swear you in. Yes, Zen Jin, Z -H -E -N, J -I -N, 1617 John F.
Kennedy Boulevard, Suite 1838, Philadelphia, PA 19103, here on behalf of the applicant.
Do you swear or affirm to tell the whole truth and nothing but the truth?
I do. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed the exhibit packet with proof of ownership,
of tax compliance refusal referral photos under plans of the property five days in advance of
this hearing and have you met with the rco and do you have a letter yes to all questions we have a
letter of um from achievability and it is a letter of support so you may now proceed thank you i'm
going to share with the board the information relating to this case
So I have before the board the cover letter of the documentation we submitted, which includes
the refusal RCO letter, photos, plans, and related documents.
I'm going to show the refusal first.
This is an application to legalize an existing condition in a structure that is currently
in an RSA 3 zoning district.
It is an existing duplex, which is why we received a refusal. My client purchased the property as a duplex, well, as it exists currently in the end of 2019, and since then has applied for an application to legalize it once they realize there's some problems trying to obtain rental licenses.
They also want to go ahead and get the property renovated because it does need some work.
Achievability met with us and primarily they wanted some work done to make the property nicer.
The neighbors are aware that that property was used as a duplex for a long period of time prior to even my client acquiring it.
So they have no issue with the existing uses.
Their main concern was that they wanted some exterior enhancements, the rear yard cleaned up with some of the trees and debris, and basically helped the area reduce issues with pests and rodents.
Of course, my client's property is not the sole cause of those issues. It's just that it's part of a greater issue that Achievability would like my client to also make an effort to help reduce the issues in the area.
So this is the property in question. It is actually an existing building that has existing two units within it. There are also multifamily uses in the area next door and across the street. So it's not solely and exclusively a single family area.
and across the street so it's not solely and exclusively a single family area although
there are a mix of single family and multi -family the building itself is an older building and does
need some work however it is when it was purchased it was actually occupied and usable in the
condition that it's in my client does plan to make changes and renovation changes to the property to
make it better. The layout is shown here on the plans. It is pretty straightforward. There are two
units. One is the first floor, which incidentally is not connected internally to the upper floor.
The upper floor is a complete separate unit that is only accessible by the exterior staircase
that is on the side of the property. So again, this is the condition that was existing
when it was purchased however none of this physical structure to our knowledge is in
violation of any code and is in fact within requirements so the main application here is
to legalize the use of two family again the property itself does not have any other issues
that we're aware of and the neighbors are not in opposition because of historically it being used
that way. So I would ask the board's favorable consideration in our request for a variance to
permit two -family dwelling at this location. I'm happy to answer any questions or share any
additional information the board might be interested in seeing. Does the board have any
questions? No. We do have a letter of support from G -Ability. Planning committee, is there anyone in
audience who would like to testify? I believe my client may be here with us if you want him to.
It's Edward Pronay. Okay, if he's there, can you raise his virtual hand
and then you can ask him to adopt your testimony? Sure. I don't know if Mr. Pronay or Mr. Pavel
would be here today with us.
I don't believe I see them in the audience, sir.
I mean, as an officer of the court,
I'd be happy to stipulate to
that my client agreed with my testimony in this case.
Okay, and that's acceptable.
Thank you.
Planning Commission?
This is Ron Bednar, City Planning.
That's R -O -N.
last name bednar b -e -d -n -a -r do you swear a firm to tell the whole truth and nothing but the truth
i do thank you you may proceed this property is indicated for residential on the city plan
given the documented use history we recommend you request advance be permitted calendar number
1534 105 north felton street my vote is yes and my name is carol tenery professor plaza my vote is
yes. James Snell, my vote is yes. Thomas Holloman, my vote is yes. Zen, stay there and don't move
because you're next up. Calendar number 1408 1748 North Marshall Street. Yes. Name and address on
the record and spell your last name. You're already under oath. Thank you. Zen Jin, Z -H -E -N -J -I -N,
1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103 here on behalf of the
applicant. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,
referral, voters, 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? Yes, to all questions. We have a letter.
of no opinion from the RCO
Associación Puerto Ricanos
and Marcha. Is that correct, Mr. Confessor Plaza?
Something like that, yes. Something like that, okay.
So you do have a letter of no opinion. I've never seen that.
Yes, APM did not take a position on this, partly because of
what we presented to them and the lack of feedback from actual
participants at the RCO meeting. I'm happy to discuss that during my formal presentation.
If I may, I will share the information with the board. That's great. Thank you.
So I am sharing the refusal that is in reference to this case. What this property is, it's 1948
in North Marshall Street has a, it's currently a vacant lot, and that is a RSA 5 zone lot. However,
a it's currently a vacant lot and that is a RSA 5 zone lot. However, the makeup of the block is a
mixed and in fact contain many multi -family dwellings. This being a vacant property naturally
ended up with the RSA 5 zoning although I would point out that across the street
and also further down the block there are actually RM1 zoning. Properties and parcels
still zoned that way because they were existing. Regardless, when we met with APM, they did not
take a position because really there was only two attendees, and one decided to oppose because
they, and it's addressing their letter, which I'm going to get to in a second, and the other one was
a non -opposition. The individual who opposed the development felt that they did not agree to the
lack of affordability the units offered. Even though, in a sense, a single -family house of this
size, if built here, would actually be even less affordable, and that was addressed during our
presentation, the community was, the member of the community who opposed was looking for low -income
housing and was against any new development. What is important to note here with this particular
project is, my client, because of the lack of participation from people during the meeting,
decided to go out and actually obtain a petition of surrounding area. And that petition is attached.
And as you can see, many on Marshall Street had no issue with the proposal because it is very
consistent to what they've seen and what is being used on 7th Street, Marshall Street in that area,
which is a lot of multifamily houses. This will be a new construction which isn't out of the
character with what is on the block and what is surrounding the block. As a result, as you can see,
we have a pretty extensive petition. APM will not consider that, but APM did indicate that
we should present that to the board. So one thing to note is that this is a lot currently,
And some of these buildings nearby are, in fact, multifamily twins and triplexes.
Right next to us, you can see this new construction here has triplex with four meters in the front.
Although the building immediately next door is a single family, there was no objection from that neighbor as to the proposed development.
My client actually lives next door.
So one of the property next door is her property.
So she is trying to develop a lot that's next to her. It's worth noting she's not really a developer. She's just someone who lives in the neighborhood and finally acquired a lot next door to herself, her own lot, and wanted to develop it for the purpose of additional income.
And this is one of the first projects that she is trying to do. So the proposal is again a new construction with no dimensional variances required. Everything is within code requirements and it'll be used as a three -family dwelling.
As you can see, the unit one covers the basement and first floor, and then the additional, I'm sorry, I don't know why my scrolling function is not available again.
Let me, oh, here we go. That's better. So this is the cellar level plants. You can see that
there's a proposed bedroom and then in the front with a bath as well. There is a egress well in
the basement. The first floor is living room, kitchen, and two bedrooms in the back section.
and then we move on to
I'm sorry, I don't know why
I'm having some issues with the
planning information.
I seem to be missing
a page here. My apologies.
If the board could bear with me for one minute, let me try to pull up the second and third floor plans directly from my file.
All right.
I'm going to share now the upper floor plans.
So I'm sorry for the little confusion there, but this is second floor and third floor plan.
As you can see, each is its own unit with two bedrooms each, one in the front, one in
the back with a small exterior deck for the it's basically a I'm sorry it's escaping me now it's
not a roof deck but a I don't know why I can't think of the word but there so essentially what
the goal here is to have exterior space for each unit one having the roof deck one having the rear
yard and the second floor unit having its own small deck in the rear that allows the items
such as trash and other things to be put outside if needed. So again, this is not an unusual
design. It is consistent with what's being built in the area. And although APM did not take a
position on this, as you can see from the petition, we have pretty extensive support from the
surrounding area. If the board has any questions, I would be happy to try to answer them. And I'm
happy to try to show a close up of the plans if any particular floor needs to be looked at more
carefully. Does the board have any questions? Yes, vice chair. Counselor. Yes, this is new
construction. And you have bedrooms in the basement. Will the building be 50 % out of the
ground? Let me let me actually go to the elevation plan. I think that would give us a better idea.
I'm going to share that with the board now.
So I am unfortunately not
an architect i'm not so sure if this is i don't know if mr holliman you can see from this design
whether it would be i i would think it's not 50 it looks like it's a little bit less than 50 above
ground it looks like it's less than 50 out of the ground yes if the board feels that a basement
bedroom is an issue because of the depth of the basement we're certainly happy to accept the
provisal to that effect, not to have it in the basement.
If you had less units, you would probably not need to use the basement as a living space.
That is correct. However, the layout itself is to keep the sizes down a little bit.
The basement, even if the basement was not used specifically for bedrooms, the building coverage gives about 1 ,000 square foot per floor, and that is really because the lot itself is about 1 ,290 square foot.
Even with the open spaces, if we combine the units into two units, we're talking about possibly 1 ,600 square foot units, it would actually be very difficult to have those size units in that area being marketable.
It, I mean, as it is, it's beyond the affordability of what the one neighbor felt was needed. If we go with even bigger units, it will be even more difficult as far as meeting certain affordability goals at all. So that's why my client, she lives right there on the block. That's why she proposed the triplex in this case.
Thank you.
Thank you.
So, Tom, your thoughts are fewer units?
Yes, you can increase the open space.
I don't believe we, I believe we actually have pretty substantial open space in this
If I may, I'll reshare the rear yard.
I'd like to see the drawings again.
Absolutely. So this is the site plan here. As you can see, the open space here, the rear yard
portion here is 17 foot deep. So this is not a short small rear yard,
and it's also a slight side court as well. So that's why there are no open space.
and it's also a slight side court as well. So that's why there are no open space
variants being asked for here. It's 322 square foot of rear yard space available.
Another question, trash. How do all the tenants use the rear yards for trash?
No, not all the tenants use the rear yard. This is why if we can go back to the floor plants,
i will show so you have uh first floor has the rear yard and then when we go to the upper floor
plans let me so the first floor has an egress well yes that was because of the basement
bedroom that was being proposed if we don't if we eliminate that uh the egress well probably
will still be there because they're going to want to put a window um for light regardless even if
it's used for other purposes um but the first floor has an egress well that is part of the
basement it's it's in the rear but i wanted to show the upper floor wait can i interrupt you
and i'm sorry i apologize so if where there's an egress well for the first floor how can there be
an egress well for the basement i mean i'm sorry it's for the basement for the first floor my
apologies the first floor is the basement that's what you're considering the first floor is not
basement. The first floor has a door leading to the rear yard with steps. The basement has an
egress well that's marked on the site plan next to where the steps are. How far out are the windows
in the basement? As far as how much height it has? Yes. Above ground. I think I don't have exact
measurements but based on this and again I'm going to share this again with the board. Based on this
elevation drawing, this will be the full size of the window. As you can see, half the window would
be above ground and the other half would be part of the egress well. What is that room? Is that a
bedroom? Well, there is a proposed bedroom in the basement in the plants, yes. And that would be
where the egress well would be? The egress well is here. I'm sorry. The egress well is actually
this one I'm looking at the that's the front this is the egress well side of the drawing
and you're proposing one bedroom in the basement yes that that was on the plants yes and again
as I was indicating to Mr. Holloman I think it's something my client certainly can accept to have
no bedrooms in the basement I think that was something the architect already designed in
and we presented the plans as the architect ruled it with regard to the exterior space question
that was asked as you can see there's a rear deck above this for the second floor and there's a roof
deck for the third floor so each of them have their own specific space outside that they can
put stuff like trash until such time that it's brought out for pickup okay um Mr Holloman you
did have a question? The window is four feet it looks to appear to be four feet out of the ground
which is not 50 percent out of the ground. Right and that we understand that.
So again if if that's if the bedroom in the basement is the is something the board does
not want to have again my client would not have an issue with accepting a proviso to that effect
okay yeah i don't like no bet at the bedroom in the basement
supportive any other questions no no no is anyone in the virtual audience who would like to testify
I'll answer at this time, Mr. Madam Chair.
Planning Commission.
This is Ron Bednar, City Planning.
The property is indicated for residential on the city plan. Given the block use context,
Next, we recommend that the requested variants be granted, provided no basement bedrooms.
Thank you.
Calendar number 1408, 1748 North Marshall Street.
This is Carol Tenere.
My vote is yes, with the proviso of no bedrooms in the basement.
Confessor Plaza, my vote is yes, with proviso.
James Snell, my vote is yes, with proviso.
Thomas Holloman.
my vote is yes with proviso thank you calendar number 3084 2036 germantown avenue
Calendar number 3084 -2036, Germantown Avenue.
The attorney is Vince DeFino.
Mr. DeFino has been promoted to panelists, Madam Chair.
Thank you.
Mr. DeFino, can you put your name and address
on the record and spell your last name?
Yes, Madam Chair. Vincent Anthony DeFino, and it's D -E -F as in Frank, I -N -O, 2541 South Broad Street.
And I'm here on behalf of 2036 Germantown LLC and its principal, Collage Rosito.
Okay. Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you agree to wave 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 and referral, photos and plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes to all that, and we have a letter of support.
From the Norris Square Community Alliance.
Correct. Did that make the file, Madam Chair?
uh it made my paper and it says with conditions to hire a local minority women -owned businesses
and rent one unit for no more than 800 per month for a period of no less than three years
but both are unenforceable so you may proceed okay um i'd like to uh
I'm sharing the screen. Do you see the pictures? Yes, we do. Okay. This is the lot here in
question. It's a CMX2 lot, but it's only 667 square feet. So it's roughly a 15 by 44 lot,
very small lot. It abuts both Germantown Avenue and 6th Street to the rear. So basically,
it goes street to street and i want to kind of give you an idea of how small it is you can say
that that's back when it snowed when we were supposed to have the first original hearing
and we we're we're hearing that basically in july because uh we met with the neighborhood group
about three or four times in between just to make sure they were happy with everything
uh basically cmx2 provides that we could have a store on the bottom and two apartments on top
the issue here was the store on the bottom my client took it to a real estate agent and it's
not marketable because it's only roughly 500 and something square foot and a business would need a
lot more without takeout or without you know uh some other provisions so basically uh the the
neighborhood was agreeable that a business probably won't work there and it would be better
for residential use and as you can see the character of the neighborhood this is within a
half a block the other way is basically residential and there are a lot of uh three unit properties
in in the vicinity and in in the neighborhood there um how many units for your property
it's single family it would be three it would be three single family it's allowed one commercial
and two single families but and it's in the middle of the block and it doesn't even make
sense because it's mostly residential there to have a business in the middle of the block
the neighbors agree would would not be the smartest thing in the world i have anthony
here here as an architect he could give you the layout but basically is that okay that's
absolutely fine okay so i'm gonna um stop sharing i guess and mr brutiniti can you is he um
available yet
he should be here
hi mr brutiniti can you put your name and address on the record and spell your last name
Yes, Anthony Brutiniti, B -R -U -T -T -A -N -I -T -I, 1432 South Broad Street, Philadelphia, Pennsylvania.
I'm the architect for the project.
Yes, we're affirmed to tell the whole truth and nothing but the truth.
Yes, I do.
Okay, can you, I guess, make a statement about this?
I guess, make a statement about this?
Yes, we designed the building.
Yes, we designed...
Vince Stefano was correct that the lot is a very odd -shaped lot.
It's a little bit of a trapezoid.
It's only 14 feet wide by about 43 feet deep.
Being a CMX2, it's very difficult to get the normal staircases and things in there
and also have a viable store that can actually make a business out of it.
The square footage per floor is only about 500 square feet.
So in talking with the neighborhood and the RCO,
we felt as though that the right application was to just do one dwelling unit on each floor.
We're swapping out the commercial space for a dwelling unit.
What is the square footage of each unit?
About 500 square feet.
And they would be one -bedroom units?
Correct.
Okay, does the board have any questions?
Is there any way you would consider two units?
We spoke with the community about that and the owner and the two is actually still difficult.
I can show you the plans if you wanted to see them.
I guess it would have to be a bi -level.
exactly and the staircases to work it's really difficult okay so the board has no questions
no is there anyone in the virtual audience that has questions
madam chair someone folks has his hand raised i won't let him speak at this time
okay great hi mr folks can you put your name and address on the record spell your last name
and i'll swear you in uh good afternoon chairman chairwoman tenary sloan folks sloan e f as in
fire oil ks representing the office of council in maria quinones sanchez room 508 city hall
thank you do you swear for him to tell the whole truth and nothing about the truth
uh yes i do okay you may proceed yes in as much as um the the applicant has met with the residents
The applicant, the residents attempted to enter into an agreement, but the agreement is
unenforceable by the ZBA. Our office does not have any opposition to this various requests.
Okay, great. Planning Commission. Thank you.
This is Ron Bednar, City Planning.
while this property is currently indicated for commercial mixed juice on the city plan
given the documented site constraints we recommended the request of variance be permitted
calendar number 3084 2036 germantown avenue my vote is yes
confessor plaza my vote is yes james snell my vote is yes thomas holliman my vote is yes
next case sure calendar number 1724 2740 c street dorothy hamill is the attorney
and with this case we have a letter in non -opposition
from councilwoman sanchez and there is a letter from the rco in support
Dorothy are you able to hear me
Councillor Hamill please raise your hand
She's already done so
She's been made to a panelist now
Ms. Hamill can you put your name and address
on the record spell your last name
and I'll swear you in
after you unmute yourself. I'll have to repeat that. Hi, Dorothy, can you put your name and
address on the record, spell your last name, and I'll swear you in? Sure, Dorothy Ann Hamill,
H -A -M -I -L -L, 123 South Broad Street, Suite 2100, Philadelphia, 19109. Do you swear if I'm to tell
the whole truth and nothing but the truth? I do. Do you agree to waive the reading of the refusal
and stipulate to its accuracy i do and finally have you emailed the exhibit packet with proof
of ownership tax compliance refusal 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 yes to all okay
i mentioned earlier the councilwoman sanchez's letter is in non -opposition and the rco's letter
uh letter is in non -opposition and the rco's letter is in support so you may present your case
is in support.
briefly thank you madam chairwoman members of the board i am here for 2740 c street to
um legalize a third bedroom in an existing building um our client had no to
can you see my screen? No we cannot. Let me share my screen. Okay so attached is
first is the refusal. This is an RSA 5 district which does not permit
multi -family. There is an existing two -family which was commercial
theoretically on the first floor. When our client purchased this property,
multi -family was permitted and it was their intention at that time to turn the
first floor into an additional residential unit. However, the prior
owner of the property had kept the property in pretty sad condition so there was a good bit of
work to do. They were apparently the building was stealing electric for quite some time. So
after they had completed the work to the property in the interim period the zoning code was changed
for this area, and as a result, the proposed three units was no longer permitted.
The first floor had been previously a church, but the church subsequently left, and it became
a vacant space. There was a use permit had been previously issued for the first floor
is vacant, rear apartment, and second floor, two -bedroom apartment. This is the proof of
mailing of all the addresses. This is proof of ownership, the deed from when our clients
purchased it. So we purchased it in 2017 and subsequently the zoning changed, updated tax
clearance. This was a continuance so I updated the tax clearance. This is a
letter, the letter of support from Impact. We met with them and then this is
pictures of the zoning hearing and I'm coming up on pictures of the building. So
So this is the front of the building as it currently exists, as you can see, not particularly
appealing having the rolling gates, but the area has some crime issues, so in order to
protect the residents of the building. The rolling gates were installed.
This is pictures of the surrounding area. As I mentioned you can see a little bit
on the side and completely new electrical panels installed because they
We were apparently stealing from the Neven property, I believe.
Do you have any witnesses in this case?
The only person who's here is a principal of my client,
Fabi Aslik.
So this is the inside of what was the church.
This is what would be the apartment.
When we talked to the neighborhood association about this, they liked the idea of this being turned into a residential.
We actually talked to a broker about potentially being able to have some sort of commercial on the first floor.
had some sort of commercial on the first floor, but given the size and location, the possibility of a commercial venture on the first floor has been, you know, is really not feasible at all.
And they also mentioned there is, you know, a bit of an elderly population, so having a first floor unit that would either be accessible for elderly or for handicapped would be, you know, would be welcome in the neighborhood.
these are pictures of the existing units within the building
i should mention you know two my client has invested interest in this area he actually
lives in the neighborhood um and has for uh for quite some time we've already seen these
so far does the board have any questions no no no
yeah i think that's it is your client here to adopt your testimony
he is uh avi oslik
he's been allowed to speak now hello can you put your name and address on the record and i'll
swear you in. Avram Oslick, A -V -R -A -M, last name O -S -L -I -C -K, 541 East Cambria Street, Philadelphia,
Pennsylvania, 19134. Do you swear or affirm to tell the whole truth and nothing but the truth?
I do. Okay, Ms. Memel. Avi, do you adopt the testimony that I have given in this matter
as true and correct? Yes, I do. Is there anyone else in the virtual audience?
with reference to this property?
No one else, Madam Chair.
Thank you.
And the board has no questions?
No questions.
Thank you.
Mr. Bednar, Planning Commission.
We're on Bednar, City Planning.
Property is indicated for residential
on the city plan, given its documented use history, we recommend that the request of variance be
written. Calendar number 1724, 2740 C Street, my vote is yes, and my name is Carol Tenere.
Professor Plaza, my vote is yes. James Snell, my vote is yes. Thomas Holloman, my vote is yes.
Is there anyone in the audience who feels that they have not been called
on any of these cases
and would like to speak.
I see no further hands, ma 'am.
Thank you.
So this is a wrap.
It concludes the 3 .30 session.
Thank you very kindly.
All you guys did a wonderful job.
I appreciate it.
Thank you, Tanya.