is to, if you're looking at this picture, to the right of the building that has the
yellow signage in front of it, there is the enclosure for trash. It is the only location
available for the trash receptacle because the trash trucks have to be able to access
the dumpster and the alley that is behind the property is not big enough. We had we actually
had the trash hauler come out to to take a look and give us their opinion and they said their
trucks would not be able to access the dumpsters from another location. So because of where the
property is located it's on a major thoroughfare in germantown and the um
the they and we had residents who were at the zoom hearing who with the rco testifying that
people come by and just throw their trash not residents but people driving by get out or don't
even get out. They just throw their trash. People walking by throw their trash in the property. So
when this was raised three weeks ago at the RCO meeting, before we even had the second meeting,
we contacted the trash hauler, and we increased the pickups from four days a week to six days a
week. In addition, we had the trash hauler come out, show them the area, explain to them that
when they remove the trash dumpsters, they also have to make sure that they're sweeping up whatever
gets left behind as a result of them removing the dumpsters. We have also ordered a new door
for the trash and closer new locks. We're also having new dumpsters delivered. The current
dumpsters are functional, but they have some graffiti on them. So we've asked them to provide
us with additional dumpsters. In addition, there is an on-site management office that is currently
being constructed. As a result, there will be an on-site manager Monday through Friday from 9am to
Monday through Friday from 9 a.m. to 5 p.m. In addition, there is an on-site maintenance
supervisor who lives on the property who is available 24-7 and is available if anything
comes up. We think that because the commercial spaces that are at the front of the property
you know, due to the pandemic have been vacant. I think, you know, it
I think it encourages people, you know, walking by not to respect the property and just
toss their trash. You know, we've had a little vandalism with the locks and things like that.
So we think that a combination of new doors, new dumpsters, new locks,
every day, every weekday, on-site management, an occupied commercial space, and
the continued on-site 24-hour maintenance supervisor, that that should
significantly reduce the trash issues that have happened in the past.
um we've put those new protocols into place the new dumpsters endure and locks will are to
are supposed to be delivered and put in place uh before the end of the year um the the current
so that deals with the trash as far as the use this is a um group daycare which limits the
number of children to 12. The operator who is on the call will be on site every day.
She will also have two to three additional employees on site. She is a retired nurse
and is a resident of the city.
She is not a Germantown resident,
but she is more of a, I believe,
West Philadelphia resident.
So she's familiar with the city.
She's met with the city and the state
and has submitted what she can to date
in order to obtain her certifications
and approvals that are needed.
Obviously, you know, if she's successful, if we're successful today and she obtains her zoning approval, she'll be able to move forward to obtain the rest of the approvals, complete the work within the space and be able to to operate.
So, why don't why don't you have your testimony adopted by her?
Absolutely.
okay uh could you call her name please and we'll get her to raise your hand
sure hold on just a moment i uh i have uh steven jaffe could i have him uh i'd like to him to
adopt the testimony as far as the trash is concerned. Stephen, could you, Stephen Jaffe,
could he be promoted? Sure. Could you raise your hand, Mr. Jaffe?
Mr. Jaffe has been allowed to speak, sir. Okay. Could you state your name and spell it,
please, for the court reporter? How are you doing? My name is Stephen Jaffe. Last name spelled
j-a-f-f-e i'm with 5427 wayne avenue right do you swear for him to tell the truth the whole truth
nothing but the truth i do proceed counsel mr jackie you've heard my testimony with regard to
the proposed use the um what was done in order to uh deliver notice to the residents uh within the
200 foot radius of the property and the testimony with respect to the trash and the steps that have
been taken to improve the trash. Correct? Yes. And do you adopt, do you confirm that my testimony
is true and correct? And do you adopt that testimony as if it was your own? Yes, definitely.
All right. Thank you. Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual order?
Questions or comments from the virtual audience?
Mr. Chairman, I have Ms. Allison Weiss with her hand raised.
I have a loud voice.
Hi, could you state your name, please, and spell for the court reporter?
Allison, A-double-L-I-S-O-N, Weiss, W-E-I-S-S, Solo Germantown Civic Association.
Hi, do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Sorry, one second. Allison, I'm sorry I misidentified you as a swab poodle earlier. I had a lot of emails going back and forth today. So I apologize. Chair, the letter that we received was from I'm Sola Germantown.
I understand. I recognize this voice right away.
Okay. Thank you. I still am not clear on how the trash is used. It appears that it's used by each and every tenant. So will there be a key given to each and every tenant to access the locked storage that you're proposing?
so so why don't we do this why don't we you you tell me your issues when you're done testifying
i'll bring the attorney back on and she'll answer okay what other issues do you have
okay well it's basically about the trash and we're um suggesting that um the special exception be
we have i understand that yes and i understand the council is supporting that so thank you
All right. Counsel?
I'm happy to address that.
Just address the trash where it's going to be and will there be a key?
The trash will remain where it is.
There will not be a key because I think that would be very cumbersome.
So the idea is to have a lockbox on the trash dumpster and the residents of the community will be given the three digit lockbox code.
so that only they will be able to access the trash area and the trash dumpsters.
Thank you. Thank you.
Anyone else in the virtual audience?
Mr. Chair, this is Hillary.
Could Ms. Hamill comment on the request for a temporary special exception?
Ms. Hamill, are you okay with the special exception?
Yes, we're fine with that.
Thank you.
Thank you.
Anyone else in the virtual audience?
no answer mr chair hi planning commission
thank you chair sarah bond city planning commission s-a-r-a-h-b-a-n-h
the proposed use is not likely to cause detrimental impacts beyond what reasonably
might be expected therefore the city planning commission recommends that the zoning board
grant the variance. Thank you. MI 2022-004-017-5427 Wayne Avenue. I vote yes with proviso. Trash
stored in dumpster and commercial trash pickup six days a week. Carol Tenere, my vote is yes with
proviso. Thomas Holloman, my vote is yes with proviso. James Snell, yes with proviso.
So, Ishmael Shaheed, yes, we're providing them.
Thank you, counsel.
Thank you very much, everyone.
Have a good day.
Thank you, too.
So, number four, MI 2022, 432 Cancel Street.
Rachel Pritzker slash Brandon Sabrin are the attorneys.
Letter of non-opposition from 7th Street Civic Association.
Concerns raised about living quarters in the basement.
and letter of non-opposition from Council Member Mark Squilla, noting concerns from the RCO.
Good afternoon, Mr. Chairman.
Brandon, please state your name and spell it for the court reporter.
Sure. My name is Brandon Saverin. That's B-R-A-N-D-O-N. S as in Sam, A, V as in Victor, R-A-N.
All right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, I do. Could you identify your client and their relationship to the property?
Sure. So my client is BVG Property Group LLC. They are the equitable owner as they are under
contract to purchase the property from the Philadelphia Land Bank, who is the title owner.
Thank you. Our vice chair has a few questions.
Hi, Brandon. Do you agree to wait the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Yes, I do.
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?
Have you emailed the exhibit packet with proof of ownership?
Yes, to all of the above.
Okay, great. You may proceed and begin to share your screen.
Thank you. Okay.
Good afternoon, members of the board.
I'm here today to discuss a proposed subdivision and development of a double-wide lot known as 432-34 Cantrell Street.
I'll just briefly note that I will discuss the RCO's concern with basement living quarters.
I have floor plans to show you. And I would just note that under my client, the applicant's purchase agreement with the land bank, these two homes that we're proposing to build must be sold rather than rented.
So these are going to be single-family, owner-occupied homes. As such, I don't think it's personally particularly necessary to restrict what the owner of a private home can do in their basement, but nonetheless, I'm happy to discuss that as you see fit.
So I'm going to show you some exhibits. All of the exhibits I'm going to walk through, and I'll try and do that expeditiously, are in our exhibit binder, with the exception of the Atlas webpage, which I have up in front of you right now.
I like using Atlas because I can sort of pan the images, but I do have still aerial photos in the exhibit packet that you can also view.
So this is a close up in this upper right quadrant of the property here on Cantrell.
In the bottom, this is sort of a bird's eye view.
This is Snyder Avenue where my cursor is.
And south of the property, what you have is a section of homes between 4th and 5th Street
that basically, with the exception of this apartment building,
they all look exactly like what we are proposing to develop which is two-story homes on lots that
are almost exactly the same size as all of the surrounding homes so the goal is to fit into our
surroundings nothing more nothing less moving on so the current lot is a double wide lot of about
1,300 square feet. So step one of our proposal, and this is the piece that actually drew the
refusal, is to subdivide the lot into two so that it's no longer double wide and is roughly the same
size as all the other parcels on the street, on the block. Here's the refusal that was generated
by our zoning permit application. It says that we are proposing to subdivide the lot into two lots
and then erect an attached single family home on each lot.
No refusals other than for minimum lot area
because the lot area of each lot
is only going to be 658 square feet.
But although that does not meet the code,
I've discussed in my memo of law here
that on our block,
we are really fitting in with the neighbors.
So a lot of lots are also exactly our size and some are a tad bit larger.
This is an excerpt of the application that my client made to PHDC, which is an organization that is a parent organization of the Redevelopment Authority, who at the time of the application owned this double wide lot.
And what my client applied to do is purchase a series of properties, including the subject property and others from the RDA via a transfer from the RDA to the land bank.
And my client would be obligated to develop all of these properties for sale at prices that are affordable to folks making under 120% of area median income for Philadelphia.
This is the page of the application that shows and discusses that.
You'll see way down here, one of the properties they applied for is the subject property at 432-34 Cantrell.
This was met with acceptance by PHDC.
So as a result, we got these letters authorizing us to make this application.
Broadly, it says that BBG Property Group, my client, may obtain building permits, zoning permits, zoning.
Uh, BVG property group, my client may obtain building permits, zoning permits, zoning variances,
and any other zoning relief necessary to develop these 14 residential units or properties. Um,
and then here's a letter that's specific to this case that says BVG property group can start the
process of subdividing, uh, the Cantrell property. We also have, which I'm not going to flip through,
a more formal, full-length purchase and development agreement that governs all of this.
Mr. Chairman, you mentioned the RCO's decision letter, which was taking a position of non-opposition.
The basement issue I'm going to turn to in one moment, they also sort of expressed that they
would like the units to be sold even more cheaply than the land bank is obligating my client to sell
them for. But I think that that's not exactly a zoning issue is my primary concern with that.
I also don't know that it's my job or the boards to sort of second guess the economic work of the
land bank as they are experts in affordable housing. This is the floor plan, tentative
floor plan set. So two family dwellings with, sorry, two-story dwellings with a basement,
no roof deck. So here's the proposed first floor of each home, which really no bedrooms on that
main floor. Again, these are, you know, lots of under 700 square feet, which is typical for this
neighborhood. So, you know, really sort of traditional Philadelphia layout here, kitchen
and living room uh in on the first level um basement would have um uh sort of like two areas
if you will um one we're calling a media room one we're calling a bedroom the bottom line is they're
really rooms with which the owner of the homes can do whatever they'd like it's not going to be
my client's house at the end of the day um and you know they will have um the egress well to code
and have a bathroom, a secondary bathroom down there.
I mentioned no roof deck that's shown here.
And then here is the second floor of each home,
which would have a master bedroom and a master bath.
And what we're currently showing is a den on the other end.
I have asked that the board grant these variances
if they are inclined with three pages of stamped plans.
those three pages are a zoning plan for each proposed home and a lot line relocation plan
there were very very minor adjustments made to these plans since our initial application and
that necessitated our asking you to stamp the the three pages via proviso for revised plans
this is one set of zoning plans here's here's the other one application but it concerns
both homes since it's currently one lot. Real briefly, before I bring my client on,
I will just touch on the hardship. If I go back to Atlas, you'll see that the subject lot