It is. It's very, but it's, of course, it's off. It's sort of tucked out away from the property line on Burks. I think one of the reasons why it's so difficult for POS retail or any sort of commercial on Burks is because it has to compete with that shopping center.
Right, right, right. Okay, thank you. Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Mr. Chair, this is Hillary.
Just a quick note.
We received the tax clearance for 514 BIRCs, but there are.
We received the tax clearance for 514 Berks, but there are outstanding balances on 516 and 518, so we will need to hold the vote on this matter until those are resolved.
Thank you.
Questions or comments from the virtual audience?
We're not seeing any hands, Mr. Chair.
Planning Commission?
Thank you, Chair Bergman.
Ian Hegarty for the Philadelphia City Planning Commission.
board members in 2021 the zoning map was amended in this area in accord with a community request
this parcel was intentionally left as cmx2 to reflect a request from the participating civic
associations in that zoning remapping i'm going to go through um the refusals one by one um the
city planning commission recommends that the board grant the variances for occupied area and yard
dimensions. These proposed variances are minimal and do not conflict with the purpose and spirit
of the zoning code. City Planning Commission recommends that the board deny the proposed
variance for ground floor commercial use. The appellant's hardship claim is based solely on
economic considerations and has not been justified with evidence of unique physical circumstances.
It also conflicts with the stated intent of the civic associations who requested that this parcel
remain cmx2 during the recent remapping most significantly the city planning commission
recommends that the board deny the variances for height and for dwelling unit count the appellant
has not exhausted administrative remedies which would have allowed additional dwelling unit
count and height bonuses in exchange for deed restricted affordable dwelling units or green
roof only five dwelling units are allowed by right on this size of parcel without using bonuses
And so these variances are therefore not the minimum necessary.
For the record, I appreciate the planning commission's take on it, but the civic association
did offer non-opposition considering the current conditions and the immediate property did
receive the same exact variance that we're seeking, which is the elimination of commercial
activity on the first floor.
And with that, I'll be sure to get you the other two tax clearances as soon as the
system updates itself. So we will hold the vote on this to the tax. It's clear. Okay. Thank you.
Thank you. Thank you. Number eight, MI 2022-003-437-6900 Chester Avenue, Parcel B.
we do have word from the coordinating RCO
we also have a petition of opposition
and there was a letter of support from
Southwest Community Development Corporation
Development Corporation
Al Shermer is the attorney
I'm sorry Mr. Chair if you're still in the virtual audience
okay he's in
yes good morning Mr. Chairman good morning Mr. Shermer how are you could you state your name
and spell for the court reporter please yes name is Hal H-A-L last name Shermer S-C-H-I-R-M-E-R
I'm here firm to tell the truth the whole truth nothing but the truth I do could you identify
your client and the relationship to the property my client is Tariq Ryan who is the owner of the
property. I do have a bit of a detour. Right after the chair asked about requests for continuances,
the councilman's office contacted my client. He contacted me. We are at the suggestion of
the councilman going to request a continuance to go back to speak with the neighbors. We think we
have, this is the first listing, we think we can iron out some of the differences with the neighbors.
there are several letters of opposition to a takeout restaurant, but we're not doing a takeout
restaurant. This is going to be the smallest one, simply prepared food shop. We seem to have gotten
some things lost in translation, so I request to continue it, sir. All right. Thank you, Mr.
Shermer. So MI 2022-003-437-6900 Chester Avenue, that case is continued.
Number 10, MI 2022-003-577-2111 to 15 East Susquehanna Avenue.
Leo Movahill is the attorney.
Recommendation of support from the East Kensington Neighbors Association.
Letter of non-opposition from Councilperson Mark Squilla.
Thank you.
all right good morning chairman and members of the board hi mr mr mulvihill could you state your
name and spell for the court reporter yes it's leo l-e-o last name m as in michael u-l d as in
victor i h-i-l-l mr mulvihill do you swear or affirm to tell the truth the whole truth and
nothing but the truth. I do. Could you identify your client and relationship to the property?
Yes. My client is Rob, R-O-B as in Bravo, Goodman, G-O-O-D as in Delta, M as in Mary,
N as in Nancy, of Goodman House, LLC. Okay. And our Vice Chair, Carol Tenere, has a few questions.
Yes. Hi, Mr. Mulvihill. Do you agree to wait the reading of the refusal and stipulate to its
accuracy yes 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 everything except five days in advance with the holiday it
slipped my mind but luckily ms emerson reminded me and i got it to her okay cool you may proceed
and begin to share your screen certainly so good morning members of the board i should be sharing
my screen at this point and i'd like to incorporate this entire packet into my presentation
we have the refusal appeal and project information form page one area zoning maps at eight needed ten
tax clearance at 17 zoning notification at 19 rco letter we have separately which i just received
last night from Ms. Emerson, voters of the property at 22, plans at 40. So members of the board,
this is an application for an existing structure that has multiple units in it. And what we'd like
to do is change one unit, which is routinely been lived in by Rob himself, which is in the
ground story of this building. We'd like to change that to a short term rental, given that Mr. Goodman
has moved into a different unit, that there's a significant demand for this in the area,
and the layout of this building is particularly well suited for a short-term rental in terms of
location, in terms of size, and everything else. That, along with the support of the community,
would show that this is not going to harm anything or anybody, and that this variant should be
granted. Our refusal is here at page 4. This is an IRMX property. Previously, this had
been the home of Little Baby's Ice Cream before they closed. There's currently music lessons
being taught there as well in addition to other dwelling units. So there's really not
much of a change other than from a long-term rental to a short-term rental for this specific
unit. Looking to this area zoning map on page 8, we can see that we are zoned in that pink
IRMX zone area in the middle of RSA 5 with some CMX, some multifamily, and another bit of IRMX in the area.
And this is just the overhead shot of the immediate area, so we know what we're looking at.
We're located close to Kensington Kappa, to NAR Square Park, the Conrad Square Park,
And most importantly, we're very close to the L, specifically the Berk stop, which means
that this is going to be suitable for public transit and people want to get out and about
in the neighborhood and in our state.
This is our deed.
This is our tax clearance showing that we have no balance due.
This is our letter that went out back in July.
Our community meeting with a proof of mailing.
Initial photographs of the property.
This is the interior.
These are the exterior photos showing the posting.
So this is from the corner of Susquehanna Avenue.
To the left, you see the orange sign behind the tree.
That's going to be the main entrance to this unit.
And it's a private unit.
Off to the right, maybe not so visible in this picture,
is the second zoning sign,
which is posted right on these handicapped accessible stairs.
These will lead directly into the Philadelphia music, guitar lessons, businesses located
in the building.
These are just some other shots of the immediate area.
This is looking down Susquehanna Avenue, eastbound toward Trenton, and it's looking westbound.
Newark Construction Homes Across the Street, which I believe were part of the $100,000
Home Project. This is the side of the building with the handicapped accessible entrance,
showing the posted sign on the side of the building. There's from the front of the building
where the entrance of the unit is, 2,111. And this is the overall floor plan, specifically
And this is the overall floor plan, specifically with respect to the one downstairs unit, storage
with respect to
is in the basement.
We're going to speak specifically as to the ground storage unit, the door that I showed
you all on the brick facing side of the building with the 2111 street number, and the mailbox,
that's indicated here on this plan where I'm indicating with my cursor.
You come in, hang off to the left, and you have about 650 square feet.
So it's a decent sized unit, not too big, not too small, is to encourage longer short
term visits from my clients, they've owned a number of properties in the area, they've
owned this particular building for a long time, and we just respectfully request that
this be used as a short term rental versus a long term rental due to the increasing nature
of it.
Due to the fact this is not a single family home that we're asking to convert, it's
existing apartment that's already being that was already being let out we're just kind of
switching the modes we're just seeking the legal ability to do so under the zoning code
so with the full support of east kensington neighbors association the fact that there's
no reason that this ought not be granted considering the underlying zoning and considering how
pardon me the proximity of this property not just at the berk street l 39 bus 5 bus and 25 bus this
makes it an ideal location for a short-term rental and we would ask that the zoning board
support the granting of this variance thank you would you want to have your testimony adopted
mr mobile i would mr goodman if you're on the line would you please raise your hand
wait and wait to speak once you are unmuted
not to speak hi mr goodman could you state your name and spell for the court reporter please
Sure. It's David Rob Goodman, D-A-V-I-D-R-O-B-G-O-O-D-M-A-N.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Yeah. Good morning, Rob. You've heard my testimony today?
I have.
Is there anything you'd like to add at this point?
No, I think it was sufficient.
With respect to the unit itself, you're familiar with the layout, yes?
And in your opinion, it's a suitable rental for short-term purposes?
Yeah, very suitable. Perfect, in fact, yes.
Currently on the premises, is there a property manager or somebody else responsible for ensuring that the property is maintained?
I'm currently on the premises. I actually live directly above the unit in question.
so suffice it to say you're going to be vetting every single person that
were to rent out this place because it directly affects you as well right it does okay um i don't
have any other questions questions from the board thank you no mr chairman oh you know mr goodman i
forgot the magic words do you without my testimony as your own if he's already muted i'm just gonna
to say he does well you're an officer of the court mr movil will accept that thank you
questions or comments from the virtual audience
here's some information do not see any further hands mr chair planning commission
thank you chair bergman and higarty for the philadelphia city planning commission
board members in 2016 the zoning map was amended from i2 to irmx in accord with recommendations
from the comprehensive plan this proposed use is consistent with the configuration of the building
and with the existing non-residential uses on other sections of this irmx property the city
planning commission recommends that the board grant the variance mi 2022 003 577 21 11 to 15
East Susquehanna Avenue I vote yes with proviso temporary variance until 12-1-25
and use limited to unit number one. Carol Tenere yes with proviso.
Thomas.
James Snell yes with proviso.
thank you mr mulvihill just to clarify for purposes of what we're showing on the plan
and your proviso the unit is 1b as shown in our plan just okay so we'll hillary will change that
to 1b yes we can update to 1b i was going off of what was on the refusal thank you mr mulvihill
thank you we appreciate that
have a good day everyone
is there anyone in the virtual audience
whose case has not been called
don't see any answers okay see everybody two o'clock
don't see any
see everybody at 2 o'clock
all right thank you all right thank you thanks everyone oh
good afternoon my name is bill bergman and i will be chairing this afternoon's eba hearings
with me is carol tenere our vice chair
I believe she's here, so we'll get back to her.
Ishmael Shahid, our board secretary.
Present, Mr. Chairman.
Thomas Hollman, our board member.
And James Snell, our board member.
Present, Mr. Chairman.
Also with us is our attorney, Hillary Emerson, and our ZBA hearing supervisor, Lakeisha Dandy.
Before we begin, here's our virtual format.
Be advised proceedings are being recorded.
By participating, you acknowledge your agreement to be recorded.
A video will be available by contacting tanyasunkett at phil.gov.
For the benefit of our court stenographer, 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.