have some type of multifamily use here, rather than on the deader streets of Aramingo. But you
can also see there's a significant apartment building that's built further down the block
on Aramingo, which is kind of in closer conformance to what we're requesting in five units.
And then you can just see, again, that we're not taking, by way of this curb cut, we're not
taking away any parking because there's no parking allowed, public parking, because there's no parking
allowed on the cyber streets. And then my client is an experienced developer and, you know, it's
Vicara in collaboration with Point Builders Development Company, PBDC, and they pride
themselves on the high quality materials and work product. So I always try to give some, you know,
Let the board see what the work product should look like if this property is built.
And then our plans and drawings.
I know we're the last one on the area list, so I'm not going to belabor the point.
But again, you know, No More Architecture did a great job in illustrating what the property is going to look like.
It's a three-story structure, a lot of light and air, have a common lobby area, responsible trash plan.
where the trash will be stored outside in the common area that's designated for trash.
Each of the units will have its own – each of the single-family homes will also have its own little mini-trash room near the garage,
and there's a common driveway, one curb cut, not taking away any public parking,
for the benefit of three single-family homes, which would typically not have the benefit of parking.
plus we're providing one curb cut back on Moyer Street
where there will be an additional public parking spot now on the streets.
And the units would have the ability to have parking in the rear as well.
And the units would have the ability to have parking in the rear as well.
And then this is just from the Moira Street side, single-family homes.
Again, brick facade, not lots of light in there.
And then this is just the revised plans again, just to show how we move the roof deck access structure.
And then you can see from here, oops.
Trying to get the technical difficulties here.
If I zoomed in, I tried, but like you can see here, there is over seven feet on both sides.
I don't want to zoom in because I'm having technical difficulties, but there's over seven feet between, you know, between the property lines of the apartment building and on the other side of the apartment building,
this seven foot setback for the single family use. I will note that, you know, there is a little bit
of, you know, there's another technical, like, reason why we wouldn't have the open area of the
seven foot setback. We do have, like, this rear, these rear decks back here, which would also run
afoul of that requirement, that seven foot setback requirement as well. And then again, here's just
zoning maps, site maps, and aerial views that we've seen previously. And then I just figured
maybe you can just like quickly go through the floor plans. So here's here's the apartment
building. Again there's a common lobby. Trash is stored in this little area right here in the rear
for each of the apartment units. Unit number one is on the ground floor. Then units two and three
are on the second floor. Unit four and five are on the third floor. And then there's a roof deck
for those upper level units as well. And then for the single family units, again, every unit
can come through Moyer Street in the front, and there's an open area and an office. Or you can go
in the rear where you park your car and as you can see there's a debt in the garage there's area
dedicated for trash cans. You go up a flight of steps there's a there's a open floor plan of a
living room and a kitchen and a half bath. You go to the third floor there's two bedrooms uh two
baths washer and dryer. You go to fourth floor you have the quintessential master suite and then
there's a roof deck that's hugged in the rear but the door is you know obviously nowhere near the
rear it's over here in the middle of the roof down rco meeting notice uh we met with the community
october 4th 82 uh properties were notified this meeting again we had almost an attendance of 30
people so it was a well-attended meeting overwhelming support proof of mailing of that
notice or application for appeal
and our agreement of sale.
And this morning, I also emailed
an amendment to the agreement of sale showing that it's
still in full force, in fact, and closing scheduled for
January of this year. With that being said, I would ask that
Mr. Chapson virtually raise his hand so he can adopt my testimony.
Mr. Shapson, please unmute yourself.
I'm unmuted.
Hi, could you state your name and spell for the court reporter, please?
Sure, it's Matthew Shapson, M-A-T-T-H-E-W, Shapson, S-H-A-P-S-O-N.
Right, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Yes, Mr. Shapson, excuse me, Mr. Shapson, you heard everything I had to say tonight.
I did.
And is it true and correct?
It is.
And do you adopt it as your own testimony?
Yes, I do.
All right, thank you.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no answer, Chair.
Planning Commission.
Thank you, Chair Sarah Bond,
Philadelphia City Planning Commission.
The zoning map was amended from RM1 to RSA5
in 2015 the proposed variance is not necessary to enable viable economic use of this property
additionally the dimensional requirements of the zoning code do not create an economic detriment
for the appellant the city planning commission recommends that the zoning board deny both the
use and dimensional variances oh thank you uh mi2022
Oh, thank you. MI 2022-003-724-850-56 Moyer Street. I vote yes with revised plans. Two pages,
stand by ZBA, November 9th, 2022. Carol Tenere, my vote is yes with proviso.
Thomas Holloman, my vote is yes with proviso. James Snell, my vote is yes with proviso.
Ishmael Shaheed my vote is yes with proviso. Thank you counsel. Thank you have a great night.
Is there anyone on the 2 p.m list whose case has not been closed?
I see no hands chair. Okay so we're going to take a five minute break and then we'll come
back and we'll move right through. Okay thanks everybody. Thank you.
Good afternoon. My name is Bill Bergman, and I will be chairing the 3.30 p.m. ZBA hearings.
With me is Carol Tenere, our vice chair.
Present, Mr. Chair.
Thank you. Ishmael Shaheed, our board secretary.
Present, Mr. Chairman.
Thank you. Thomas Holliman, our board member.
Present, Mr. Chairman.
And James Snell, our board member.
Present, Mr. Chairman.
Our board attorney is Hillary Emerson.
She's here.
And also, Lakeisha Dandy, our ZBA hearing supervisor, is also with us.
Before we begin, here's our virtual format.
Be advised, the proceedings are being recorded.
By participating, you acknowledge the agreement to be recorded.
A video will be available by contacting tonyasunkett at phil.gov.
For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
leave your email and the address of the property in question. Lastly, the question answer box on
the screen is not for comments or testimony. Any comments should be directed to our executive
director, Tanya Sumpkin. So let's look at this afternoon's list. Is there anyone with a
continuous request on the 330 list? I see no hands, Chair. Okay, I'm going to go to number one.
sorry chair excuse me okay we have steven last name ending enough okay
all right could you state your name and spell for the court reporter please
yes mr chairman uh steve steven uh fabiani f like frank a b i a n i i don't know if as an
interesting party and um all right do you first let me get do you swear a firm to tell the truth
the whole truth nothing but the truth yes i do what case are you involved with uh i'm involved
with 1401 south 13th street and i am a protestant i'm uh asking if this is the moment to ask for a
continuance or if we should wait until the public comment period so why don't why don't we why don't
we do this you you want to continue have the case continued i i do i want the case either
outright denied or continued. Okay, so why don't we get, when we get to that,
that's case seven. We're going to move through the list pretty quickly and we'll be into that
maybe 20 minutes, okay? Thank you. All right. Is there any requests for continuance?
I see no handshare. Okay, so case number one, I have no exhibits, so that's MI 2022-003-404-100
East Tioga Street. Yvette Carasquillo is the owner. There's no exhibits. First listing.
I see no handshare. Okay, so that case is continued. So that's MI 2022-003-404-100
East Tioga Street. Case number two. MI 2022-003-403-7978 Michener Avenue. Pasquale
Calavito is the attorney. Hold on one minute. I'll be right with you.
We have... I lost my screen. One minute here.
Okay, a letter of support from the 50th Ward.
A letter of support from the 50th Ward Democratic Executive Committee, Mr. Calavita.
Hi, could you state your name, please, and spell for the court reporter?
Sure. Pasquale Colavita, P-A-S-Q-U-A-L-E, C-O-L-A-V-I-T-A.
Great. Do you swear our firm to tell the truth, the whole truth, and nothing but the truth?
Okay. Before we start, was the property posted?
It was.
Okay. And do we have pictures that you're filed?
Okay, great. Okay. Could you identify your client in relationship to the property?
Kim Garrison.
All right.
Our vice chair has a few questions.
Hi, Mr. Colavita.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral,
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, with the exception of the tax compliance. It was compliant at the date of
appeal, and there is a 2021 net profit and BIR that is outstanding, no tax due. My client was
at the building this morning attempting to resolve that and just waiting for her accountant to
submit a zero um tax form so i guess my question would be is would you permit us to present
and hold the uh the matter uh for a vote since we're here and we have a letter of support we
have um everything but that and that's up to mr chair well mr sorry we'll hold it hold on hold on
mr translate that so um mr colavita so those are business taxes they're not real estate taxes okay
the real estate taxes right so i didn't get a clearance for that but i just checked them and
i saw that there was a zero balance so we can proceed on that um i would ask can you um after
this hearing please send me um photos of the posting um for our record so we have we have
that on record that the property was posted great thank you and i will present them during our i'll
can we vote hillary yes absolutely well we don't taxes are paid right okay it's only real estate
taxes yep so we look at okay may i proceed yes okay uh
let's share screen green button on the bottom yes getting to it trying to figure out there
are quite a few windows here
okay and
okay uh and i believe mcgarrison is available so what i'm doing here right now is i'm sharing
This is 7978 Mitchner Avenue, and the documents that we have submitted to the ZBA are the deed, the zoning application confirmation with the site plan, the notice of refusal, which is an RSA 5 zone with a present existing use, legalized use with two units.
what we're asking for and the notice of refusal will reflect that is that we're asking for a third
unit attached to exhibit e is the application for the appeal with the project information form
after the architectural plans which i will show in a few seconds then notice to the neighbors
proof of mailing all all sent in proof of posting at the date that this was sent to you
What I can do is I'll start with the proof of posting and then move on to surrounding multifamily dwellings, photos of 7978 Michener at Exhibit J, and the 50th Ward sent in a letter of support.
So I will start with...
Start with.
I know that I have them here somewhere, but again, bear with me.
Do you need to see copies of the deed, the permit application, notice of refusal, or am I okay with being on with those?
Okay, so here's the architectural plan.
So basically what it is is a...
We need to see that on the screen.
You have photos of the building.
So here's photos of the building.
So this is the initial, the front view of the property.
and you scroll to this and this is the side view of the property which
you'll you'll see in the next photograph it actually looks like a three-story property
um because of the way that it's located in the interior here are some interior photos
but um excuse me council yes anything oh you weren't able to see oh i'm sorry it's not shared
I apologize.
So, if you're having a hard time
finding it they're here and okay so here are one
we start with with the posting right showing you photos that it was posted
are you able to see we see that yep okay all right so i will
So what you're saying, currently this is a two-unit building?
It's a two-unit building.
And they want to turn it into three?
And bear with me.
so i i think what we're going to let me just say what i think and here is and here is the
this is what i was referring to earlier is the actual it it's this is the corner of