your name. Do you swear or affirm to tell the truth, the whole truth
and nothing but the truth? Yes. All right. Please see, Mr.
Nockamson. Yes. Ogo, you heard everything I had to state today about your zoning
matter. Yes. Is it true and correct?
Yes. And do you adopt his human testimony? Yes.
Thank you. Questions from the board? No, Chair.
Questions or comments from our attorney, Hillary Emerson?
I just wanted to clarify my earlier comment. It's been a long day. Cases are getting mixed up in my head. I thought this was a duplex going to a triplex, but it's a change of use to a duplex. So there would only be two parking spaces needed, one of which there may be a prior variance for already, but definitely the second one with adding a dwelling unit would need another parking space. Thank you.
Okay. Questions or comments from the virtual audience?
i see no hands planning commission
good afternoon chair peter bernard for the planning commission
comprehensive plan recommends no change to the existing rsa3 single family residential at this
location we feel the applicant has demonstrated hardship and that the proposal is the minimum
necessary variance accordingly the planning commission recommends the board
grant the variance.
MI 2023
005-046-5126
Walton Avenue.
Hillary, do I need to mention parking?
It's okay, Mr. Chair.
We put it on at the record.
I vote yes.
James Snell, my vote is yes.
Ismail Shaheed, my vote is yes.
Number 14,
MI 2023
004-888-1724
for Arlington Street, letter of support from the Beach Corporation, with proviso for a 12-foot setback on the roof deck railing from the front of the building.
Mr. Knaperson, could you identify your client and the relationship to the property?
Yes, my client is Arlington LLC, and their virtual audience is Malik Khatikia.
Our Vice Chair has a few questions for you, sir.
Do you agree to waive the re-mail or refusal or stipulate towards accuracy?
Have you emailed in all the required documents and exhibits five days in advance for this hearing?
Yes, we have.
Thank you. Please proceed and share your screen.
All right, 1724 Arlington Street.
This is an R-M1 property. We're here because we're in the overlay, which requires a greater
amount of square footage on lot size than the simple base zoning classification of R-M1.
If we were not in the overlay, the amount of units would be allowed as a right. We're only
asking for two units. And we'll review the notice of refusal. There are also de minimis
dimensional variances, which, again, are not out of character to what's surrounding us in terms of
building structures. We have a letter of support from Beach Community Services Incorporated. They
support the use of this property as a two-family dwelling for an all-in-one property. What we did
for an R1 property. What we did do was we addressed their concerns about the roof deck.
do was we addressed their concerns about
So we set it back, I believe, we'll take a look at it, but I believe it was eight feet.
So additional setback. Their concern was safety. So was ours. We set it back a little further. We
couldn't set it back the full amount that they wanted because it would just mess up our floor
plans completely and make it into a dysfunctional floor plan. So we moved it back as much as we
can humanly do. We have a petition of nearby neighbors. Also, it's not out of character.
Obviously, we're RM1, but it's not out of character to have multifamily on the 1700 block of Arlington
Street, maps of the area, photographs of the property. I want to give you an example of my
client's work product. When I can, I try to provide that, but this is a well-known contractor
slash developer who does really good work in this state of Philadelphia.
Our plans and drawings are so many news or application for appeal or deed to the property
and a certificate of tax clearance.
At the conclusion of the presentation, I would ask that Malik virtually raise his hand, be
sworn in, and I'll have a few questions for him.
Notice of refusal.
Again, we're not taking an RSA 5 property and asking for multifamily use.
We're taking an RM1 property, and we're asking for the least modification possible
in terms of the amount of units, we're only asking for two. We have multiple dimensional
variances. The occupied area, we're asking for 88.4. The rear yard depth, we're asking for 5.1.
And then just the rear yard area, we're asking for a little over 66 feet. Again, not the biggest
lot in the world. We're trying to make a functional floor plan, and these requirements
are necessary for us to meet the functional nature
of a building structure for two-family use.
We met with the community.
They had no issues with the size of the building or the use.
They just want a greater roof deck setback of 12 feet.
We can't do that to make it a functional floor plan.
So I talked to my client.
We had the original five feet.
We have, and by the way, unanimous support.
We are sending it back from five feet to eight feet.
We really did try our best. We want to keep a functional floor plan. We want to have good units in there, and HP would be the number that we can do.
Again, what we're offering is not out of character to what's nearby, and we have support.
We have a lot of people that support this project that's on this block, and it's not uncommon to have multifamily use nearby.
1725 and 27 Arlington, 1723 and 21 Arlington, 1728 and 26 Arlington, 1705 Arlington, 1706 Arlington, 1701 Arlington.
Maps of the area, this is as orange as orange gets, not that far, you know, from Temple University.
You know, Google Maps perspective, it looks like you have a lot of public transportation nearby.
eye photographs of the property this is a property uh you know that you know is is suffering like
the building structure we're trying to erect a nice two-family dwelling unit this is proof of
of our posting of the property for today's hearing this is the arlington street to right of the
property to left of the property property our samples of our client's work product would be
similar to what you're going to see, you know, in the neighborhood, but also shows that he knows
what he's doing. So I try to do exterior and interior. And then our plans and drawings,
you know, our units, unit A is, you know, first floor and second floor. Unit B is third floor
and fourth floors. RCO meeting notice we met on November 29th. 167 addresses were notified of the
meeting. Proof of mailing to those addresses. Our application for appeal that we filed on
behalf of Arlington Street LLC. Our deed showing that Arlington Street LLC is the owner of the
property. And our tax clearance. And the only reason why we have a balance is because 2024
for taxes or not due yet.
I would ask that Malik virtually raise his hand.
Could you state your name, please, and spell for the court stenographer?
My name is Malik Kadakia.
That is M as in Mary, A as in Apple, U as in Union, L as in Lima, I as in India, K as
in kilo last name k as in kilo a as in alpha d as in delta a as in alpha k as in kilo i as in india
i as in india he has an apple you swear to affirm to tell the truth the whole truth nothing but the
a as an apple you swear to firm to tell the truth the whole truth nothing
truth please proceed counsel uh yes um malik you heard everything i had to state today
yes about your zoning matter uh is it true and correct yes and do you adopt as your own testimony
yes all right and i just want to make i i'm a little it's been a long day for me too so i just
want to make sure that i properly stated what the revised plans were it's a roof deck access
structure we're set back originally five feet as a code and the community asked us to set back the
roof deck access structure 12 feet we're asking where we did revise plans for eight feet i just
want to make sure that was perfectly clear yes all right thank you questions from the board
no chair questions or comments from uh our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
i see no hands planning commission
good evening chair peter bernard for the planning commission
the comprehensive plan recommends no change to the existing rm1 multi-family residential
at this location. However, we feel that the requested variances stem from an overdevelopment
of the property. A single-family use is allowed within the zoning district and is appropriate
for undersized lots. Accordingly, the Planning Commission recommends the Board deny the variances.
Go ahead. Yeah, I mean, if we weren't in this overlay, this would be allowed as a right. So,
I don't think that this is an overuse of the property. This lot has a lot of square footage
of 741 square feet with the base overlay for RM1s allowed. And there's plenty of examples,
similar examples of multifamily structures there on that block. MI 2023-004-888-1724
Arlington Street. I vote yes. Revised plans, one page, stamped by ZBA, December 20th, 2023.
James Snell, my vote is yes, with Proviso.
James Malzaheem, my vote is yes, with Proviso.
Thank you.
Thank you, Mr. Mockamson.
Is there anyone in the 2 p.m. hearings whose case has not been called?
I see no hands.
Okay, so we're going to take a five-minute break,
And then we'll come back and go through this as quick as quickly as we can, to be fair to for all the people that are waiting in the audience.
Thank you. Thank you, Chair.
I'm even back.
I'm sorry.
Good. I see you.
I see you. OK, you can proceed as you wish.
Good afternoon. My name is Bill Bergman and I will be chairing tonight's ZBA hearing.
With me as our vice chair, Ismail Shahid.
He's here.
Our board member, Thomas Holloman.
He's absent today, Mr. Chair.
Oh, I'm sorry.
Our board member, James Snell.
I'm sorry.
It's been a long day, Chair.
Present.
Present.
And also here is LeBaron Leonard Palmer from Development Services, who will serve as our alternate board member.
Here's our virtual format.
Be advised, the proceedings are being recorded.
The video will be available by contacting TanyaSunkit at phil.gov.
For the benefit of our court stenographers, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To an appearance statement, call 267-270-5548.
Leave your email and address the property in question.
And finally, the question and answer box on the screen is not for comments or testimony.
All comments should be directed to our executor, Tanya Stumpkin.
Let's look at tonight's schedule.
Thank you.
Number 7, MI-2023-005-272-1525 Spring Garden Street, that case is continued.
Is there anyone here representing the applicant?
it's is there anyone here representing the applicant
i see no hands okay so that that case is continued number two mi 2023-003-159 3942 wild street jessica
Donnelly I see no handshare no MI 2023-003-159-3942 Wall Street cases continued mark must be heard
Mr. Chair this was there was a request for continuance with that case there was that
was not a no exhibits case okay all right so okay i show you a little note on the i'm sorry so so
that case is continued mi-2023-003-159-3942 wall street and also number nine mi-2023-003-139-3713
in Haverford. No exhibits. There has been no RCO meeting. This is the first listing, Mr. Chair.
The listed applicant is T. Amber XL. The listed owner is PG Building Group LP. Okay. Is there
anyone present? No hands. Okay, so MI 2023-003-139-3713, Haverford, that case is continued.
Are there any other requests for continuance?
No hands, Chair. So we're going to start with number 10,
MI 2023-003-341-507 Burgess Street.
Nazar Sultanadovo is the owner.
It's a pro se.
Letter of support from Somerton Civic Association.
The applicant also provided five letters of support from the neighbors on Burgess Street.
This application is for the erection of a storage shed accessory to an existing family dwelling.
The proposed shed exceeds the maximum square footage for an accessory structure.
130 square feet are allowed.
This is 300 square feet.
Sir, could you state your name and spell it, please, for the court stenographer?
Hello, sir.
Yes, my name is Nazar Sultano.
It's N-A-Z-A-R, and the last name S-U-L-T-A-N-O-V.
Right.
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes sir could you turn your video on please
oh yes i'm sorry i'm here that's okay you don't have to be sorry and our vice chair has just a
few questions for you sir yeah hello sir have you emailed in all the required documents that
is needed and required to proceed with this case five days in advance of this hearing yes
Thank you.
Please proceed and share your screen.
Just a second.
Okay, it's coming up.
So you see my screen?
We see it, sir.
Thank you.
Yeah, I apologize.