Yes, I have.
thank you council please proceed and share your screen thank you very much good morning chair and
good morning board members sean whalen here from vintage law on behalf of hasbi daku for 1715 south
18th street i have a very pretty simple and straightforward request for you today first
you're just seeing an atlas map to give you kind of a sense of where this is the major cross streets
here would be uh excuse me my allergies went nuts yesterday so i apologize in advance uh the major
cross streets would be 18th and morris and moore streets and you can see we're right here this is
a vacant lot right at the corner of south 18th street and walk-in street uh here's the condition
here you can see this vacant lot here generally built out with a few vacant lots especially in
these CMX1 zoning districts, which is what we have, large church and Catholic school at the
corner. As I said, generally you have RSA5 immediately surrounding the property with RM1
with RM1 kind of in a loop, kind of in a donut around this RSA 5,
kind of in a loop, kind of in a donut around this.
with a lot of CMX1 corner commercial properties.
We have one refusal today.
We are seeking to put commercial on the first floor with two apartments above.
And at this time, one apartment above the CMX1 use is allowed.
And that's simply because the RSA 5 Zoning District single-family use applies above the CMX 1 that's adjacent to it.
This project did proceed in front of East Point Breeze neighbors.
The vote was 6-5, and so the RCO took no position.
They did not reach agreement on how to proceed with this issue.
So this is a smaller, just about 1,100 square foot vacant lot. It's been vacant for some time. CMX1 project. And again, we're seeking to put two apartments over the commercial.
And what you'll see is this is a standard three-story building that has no height restrictions or refusals, rather, has no open space or any other refusals.
And the units are going to be quite large, about 1,000 square feet each.
So, you know, the first level of hardship would be putting a three-story, a standard three-story unit building here that would meet the code and what's allowed would have a 2,000 square foot plus apartment, which would simply be too large and would really be about a five-bedroom apartment the way it lays out and simply would be too large for any real rental in this neighborhood.
The second piece of the hardship is, as this board well knows, a change in the neighborhood
has been found by the courts to constitute and substantiate a hardship in and of itself.
What you're seeing right now is that same Atlas map.
I took it with me and documented both a search of all the zoning archives where you see no
number listed on this block uh there was no zoning archive and and i couldn't tell from the front of
the building if it was single family or double family um or two family rather uh every other
unit on the or um property on this block you can see the number of two family going straight down
two units above commercial that's two plus c two units two units i couldn't tell for these three
two units right across the street from watkins um tellingly this exact block of south 18th
between watkins and pierce you have we're a vacant lot i in full disclosure i believe 17 17 next to
us is a single family i believe 17 15 is a two family although i couldn't confirm it
and then uh 21 is a two family and then you actually have at 23 a single room occupancy for
six rooms so you have an extremely dense project and then again right at the other corner you have
a large build out with two units above commercial you have it's zoned for three units but actually
has four mailboxes on the front right across the street from this another two unit and two units
up and down the block so again we are seeking a fully buy right build as far as all dimensional
requirements, and we are seeking to keep the commercial use as required by the CMX1 zoning
for a corner property here. The issue, as everybody knows, and certainly an economic
hardship cannot solely substantiate a hardship. However, the Pennsylvania Supreme Court has ruled
that economic hardship can be a considered factor by the zoning board in and among other factors.
So firstly, you have the overall build out of the project would simply result in too large of a single unit above to be able to be rentable.
Second, you have an overall change in the neighborhood where you do not have a single family condition up along this block.
There are certainly single family houses on this block.
Probably about half the block is and half the block is multifamily, either two, three or more units.
and additionally economically the two units are necessary in order to support the first
floor commercial. We all know what's happened over the last four or five years with commercial spaces.
We all know what's happened over the last four or five years with commercial spaces,
and they've been really struggling.
In order to keep a commercial space here, that needs to be supported and offset by the
rental rates for the two units, because that first floor commercial really, and even by
the lenders, is considered a non-unit and gives no basis for any lending.
We believe that there's no detriment to the neighborhood, the public health, safety, or
welfare, again, because this is right in line with everything that's been here.
You have first floor commercial up and down the block and at the corners, and you have
at least two units, if not more, in multiple properties up and down the block.
And lastly, this is the least minimum variance because, again, one unit and commercial is
allowed. And for all the reasons I've already stated, all we're asking for is one additional
unit. Both will be very large, two-bedroom units, nice neighborhood units at 1,000-plus square feet
each. And there was no real opposition from the RCO. They kind of came to a push, and we're not
sure what final position to take. And so they left with no position at all. So with that, I'm happy
to take any questions or i would call my client hasby daku why don't you bring your client one
sure uh mr hand can you see if uh hasby daku has their hand raised
i apologize for speeding through that but i was worried i wasn't going to be able to make
it with my allergies going the way they are
yes sorry i interrupted you again sir but i do not see any hands raised for the matter in question
um so counsel you're you're an officer of the court um we gladly accept your testimony
and just for a point of information the block that that's the one it's all three-story am i
correct yes everything is three-story up and down all right thank you questions from the board
no chair no chair questions or comments from our attorney hillary emerson
none at this time mr chair questions or comments from the virtual audience
once again sir i do not see any further hands hi planning commission
good morning again chair my name is michael gall philadelphia city planning commission
the comprehensive plan recommends a change to the commercial mixed use zoning at this location to
rsa 5 a residential single family attached zoning designation the zoning code states that if
If the household living use is in an attached building in a CMX-1 district, the household living use regulations of the residential district to which it is attached shall apply.
The proposed attached house in this CMX-1 property is attached to a property in the RSA-5 residential single-family attached zoning district, where the two-family household living is not allowed.
The appellant has not supported their hardship claim with evidence of unique physical circumstances or conditions of the property that would warrant such a variance.
Therefore, the Philadelphia City Planning Commission recommends that the Board deny the requested variance for multifamily residential use.
Thank you.
MI 2024, 000057, 1715 South 18th Street.
I vote yes with proviso.
Use registration for vacant commercial space on the first floor required prior to occupancy.
Ishmael Shaheed, my vote is yes, with proviso.
LeBaron Leonard Palmer, my vote is yes, with proviso.
Thank you, counsel.
Thank you very much.
Have a good day.
Number 14, MI 2024, 000058, 2655 South Juniper Street.
Joseph Vicarro is the attorney.
There is a recommendation of support unanimous from the Lower Moy Mencing Civic Association
and a letter of non-opposition from Council Member Squill.
Joseph Vaccaro will be rejoining as a panelist, sir.
Good afternoon. Can you hear me?
I can. Good morning, Mr. Vaccaro.
Could you please state your name and spell it for the stenographer?
Good morning. May it please the board,
Joseph Vaccaro, V-A-C-C-A-R-O, attorney for the applicant. Somewhere here, I also have Christian
Palamone on behalf of Avenue Steaks Pizza. Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth? Yes, I do. Okay. Our vice chair has a few questions.
Okay. Our vice chair has a few questions.
Good morning, counsel. Do you agree to wait the reading of the refusal or stipulate to his accuracy?
Yes, I do.
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
Yes, I did that last Thursday, except for the letter of support from Lovermoyer Menzing.
I just never got that letter, so I forwarded that this morning.
But I see that the board already has it independently of me.
That is true. Thank you.
Okay, I'm looking for the window that has the exhibits. One moment.
I'm just looking for the screen that has my exhibits. One moment.
here we go um can you see the letter of non-position from we do we do yeah okay so i'll
move on then here we have working let me start from the beginning
This is an application to basically use the property as a pizza parlor, cheesesteaks, hot foods, cold foods, sandwiches, etc.
There was already a pizza parlor in this location before, but the zoning variance had lapsed when my client took it over, so he's been operating ever since.
I'll show you some photographs of the property and the establishment.
Can you see the zoning notice on the door?
We do, sir.
Just want to make sure that you could see it.
The posters were put up in a timely fashion.
The property is located on the northeast corner of South Juniper and Oregon Avenue.
and outside seating no inside seating is available that's where the food is being
prepared I'll show you here the pizza ovens other food prep area
going further down ample parking on oregon avenue
and the property my client has the property by way of a lease uh the property would be operating
seven days a week. The hours would be from Sundays to Thursday, from 10 a.m. to 3 a.m.,
and on Fridays and Saturdays from 8 a.m. to 4 a.m. Six people would be working on any given shift,
ample lighting to try to keep the neighborhood even safer. That's the extent of my presentation.
Any questions from the board, or I could call Mr. Palamon. Why don't you bring Mr. Palamon on to
adopt your testimony.
Christian?
They've been allowed to speak.
Good morning, sir. Could you please state your name and spell for the stenographer?
Good morning, Mr. Chair and Board. My name is Christian Palamone.
C-H-R-I-S-T-I-A-N. Palamone. P-A-L-A-M-O-N-E.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth.
i do please proceed council uh christian did you hear my presentation to the board
yes do you agree with it i do anything to add or take away from it
no i think we showed everything accurately okay would you adopt it as your own testimony
if you were testifying yes i would okay any questions from the board or from council
questions from the board
no chair
no questions chair
questions or comments from our attorney Hillary Ambers
not at this time
Mr. Chair
questions or comments from the virtual audience
I do not see any further
answer Mr. Chair
good morning again
chair members of the board Michael Gall
Philadelphia City Planning Commission
the comprehensive plan recommends
no change to the commercial mixed-use zoning at this location. The property has a documented
history as a takeout restaurant as early as 2004. Therefore, the Philadelphia City Planning
Commission recommends that the Board grant the requested variance for takeout restaurant use.
Thank you. MI 2024-000058-2655-South Juniper.
0-0-0-0-5-8-26-55 South Juniper Street.
I vote yes.
Ishmael Shaheed, my vote is yes.
LeBaron Leonard Palmer, my vote is yes.
Number 16.
Thank you.
Thank you, Mr. Vaccaro.
Number 16, MI 2024, 0-0-0-0-6-1, 1119 State Street,
Henry Clinton is the attorney. There's a letter of support for the Centennial Parkside CDC based on revised plans.
Mr. Clinton should be rejoining as a panelist soon.
Morning, Mr. Chairman.
Good morning, Mr. Clinton. Could you please state your name and spell for the stenographer?
Sure, my name is Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.
Do you swear or affirm to tell the truth, the whole truth of nothing but the truth?
Could you identify your client, a relationship to this property?
Sure, my client is A and P, A is in Albert, P is in Philip, Construction, LLC,
principal of which is Divis, D is in Dennis, E, V is in Victor, I, S,
jesu g j u z as in zebra i and he is on the call our vice chair has just a few questions sir
good morning council do you agree to wait the reading of the refusal or stipulate to its
accuracy i do we emailed in all the required paperwork and documents and exhibits that is
needed five days in advance of this hearing yes we have except the letter of support came in
within that five-day period.
Thank you, counsel.
Please proceed and share your screen.
Thank you, Mr. Shaheen.
Mr. Chairman, is that visible?
It is, sir.
All right.
Good morning again, Mr. Chairman,
members of the board.
Henry Clinton, on behalf of AMP Construction, LLC.
We're here today concerning 1119 State Street,
table of contents A1 through A10,
which I ask to be admitted.
This is a straightforward matter of
a single family home in a single family district where the refusal is, the front setback is
supposed to be eight feet. We are requesting and have support from the neighborhood for a