Seasonal, we're ready to go live.
Can I ask, did everyone get the updated case summaries?
Thank you.
Sorry about the confusion.
Bill, are you doing the 3-2-1?
DPC, yeah.
Bill, is that you?
Okay, who's doing the Zoom this morning?
it's bill give him a couple seconds okay miss sunken thank you
hello vice chair can you hear me now yes i can i'm sorry yeah that it was it was working fine
earlier yes you are we are recording now we are live now um when you said to go i turned it on
okay so you're live good morning my name is carol tenary and i'm the vice chair of the
sending board of adjustment this morning i will be sharing in the absence of our chair frank
de chico um today's hearing the board members are thomas halliman and james snell confessor plaza
or board secretary, board administrator Fatina L., board attorney Sharon Saleta, and also Tanya
Sunkett. For those of you who haven't participated in one of our virtual hearings, I'll go through
some of the basics of what you can expect. First, we will be administering oaths to individuals
participants prior to their testimony. Second, we'd like to advise everyone that this proceeding
is being recorded and that by participating, you acknowledge your agreement to be recorded.
It is available to the public on the web and otherwise. Third, for anyone participating by
phone, if you wish to testify, you must raise your hand by hitting star nine, then star six to
unmute yourself. That's star nine, then star six to unmute yourself. To enter an appearance statement
call Google 267-270-5548 and leave your email address and address of the property at issue.
The number again is 267-270-5548. Fourth, the question and answer box is not for testimony.
Any comments are to be directed to Ms. Tanya Sunkett or Fatina L.
At this point, I'm going to ask if there are any requests for continuances.
Excuse me, Madam Chair, Vice Chair, could you call the...
Do you want the add-ons?
No, could you please call the continuances that we know are being requested?
Thank you.
The continuances that we do know of are calendar number 0344-2433 Harlan Street.
That case is withdrawn.
Calendar number 1535-2724 Somerset Street.
Continued attorney moving party.
calendar number 1533-3112 West York Street is continued.
If there are any objections to those continuances, can somebody raise their hand, please?
Vice Chair, we have Daniel. I'm going to unmute him.
Daniel, you've been unmuted, please wait for the vice chair.
Daniel, can you put your name on the record and your address?
I didn't see him here yet.
okay he put his hand down and now I have uh excuse me a visa a cell phone
Excuse me, a cell phone.
All right.
I have unmuted you.
Please wait for the vice chair.
You're free to speak.
Please unmute yourself.
Can you put your name and address on the record, please?
whoever you are are you objecting to a continuance that was called out the withdrawn
and is your name daniel
excuse me this is sharon saletta um i believe that the daniel is daniel marino
Mr. Marino your case will be heard seventh on the list thank you. Vice Chair next we have I'm sorry
that's okay yeah well Ms. Saleta I do see that as number seven okay Fatina. Next we have Rachel
Pritzker she Miss Pritzker you've been unmuted you're free to speak please unmute yourself.
Thank you, Fatina. I appreciate that. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.
Thank you. Rachel, did I call your cases continued?
No, I wanted to request a continuance.
Okay, I'll be announcing continuances, and then I'll request others.
Thank you.
are there any other hands there are no more hands vice chair
okay um are there any requests for continuances
and if there are please raise your hand
good morning
good morning rachel pritzker um do you want me to put my name back on the record again
No, we already have it. Do you swear to tell the whole truth and nothing but the truth?
I just wanted to request a continuance for 2442 North 20th Street.
And that's...
MI 2020-002957.
Okay, it's number 10.
okay is there anyone here on that case who has an objection to that
calendar number 2957 2442 north 20th street is continued thank you thank you
vice chair next we have hillary emerson miss emerson you've been allowed to speak please
unmute yourself and wait for the vice chair
good morning hillary good morning can you put your name and address on the record please
sure hillary emerson e-m-e-r-s-o-n office of councilwoman sherelle parker
okay and the case you're referring to as case number 19 on the list 534-42 west alney avenue
yes there are no exhibits for that correct yeah our office has not heard from the applicant
the rco may have had a conversation sorry i'm sorry to interrupt on vice chair but can we just
wear her in quickly please yes yes do you swear to tell the whole truth and nothing but the truth
I do. You're welcome. Yes, as far as we know, this case has not had an RCO meeting. And so we would request a continuance in this matter. Like I said, we have not heard from the applicant. They may have contacted the RCO, but there has not been a meeting held.
Okay, and it's also the first listing. Thank you. Calendar number 2955-534-42 West Olney Avenue is continued.
I'm sorry to interject again. Can we just make sure that there's no one there for the address?
If you can, I knew you were going to say that. Is there anyone here objecting to that?
I see no hands chair vice chair excuse me okay
I'm sorry I see a okay the hand was up now I went down okay I have
Cush Pettyway I'm gonna unmute you're free to speak please wait for the vice chair
kush can you hear me yes i can hear you good morning you're here uh requesting a continuance
We'll see you next time.
yes yes yes um yeah they continued um do you swear to tell the whole truth and nothing about
the truth yes which case um 1813 north of the children street i guess the you need the id number
number four oh number four yeah i'm new to this um yeah so it got pulled the art i mean the public
meeting got postponed so i wanted to postpone uh the meeting today okay there we also have no
exhibits so all the exhibits have to be sent in and this is the first listing is there anyone here
on this case who would like to be heard
I see no hands, Chair, Vice Chair.
Thank you.
Calendar number 2994, 1813 North Natrona Street.
This case will be continued.
Okay, Vice Chair, we have Ochi Haga, I hope I'm pronouncing the name correctly.
You've been unmuted. Please wait for the Vice Chair.
And unmute yourself, please.
can you please good morning can you put your name and address on the record
my name is chidozy or chair o-c-h-i-h-h-a first name c-h-i-e-d-o-z-i-e and the address is for
534-42 west only avenue philadelphia pa do you swear to tell the whole truth and nothing about
the truth. Yes. And what case are you referring to? This is for 534-42 West Omni. I think the
continuance had moved forward. I was actually wanting to request for a continuance because
we had a delay with the exhibit and we were not able to schedule a meeting with the RCOs yet.
I ended up speaking to him last week, but we got a date for April the 12th. So if we could get
something post April the 12th so we can meet with the community. Well that's good and that's 534-42
West Olney Avenue? Yes Vice Chair. That is continued. Okay. Thank you. Thank you.
vice chair i see no more hands okay calendar number 1535 2724 east somerset street
there's a request from Dan McElhutton for a continuance attorney moving party
is there anyone here objecting to this
I see no hands vice chair thank you calendar number 1533 3112 West York street
There's a request for a continuance.
The attorney is Jared Klein.
Ms. Chair, I believe that you already announced
that that was continued and there were no objections.
And that, I think that's the end of the continuances.
There is, excuse me, this is Sharon Saleta again.
And could you call number 15 and ask if anyone is present for this?
There were no exhibits.
It's the third listing.
And Charles Richardson of Councilwoman Bass's office this morning asked that it be dismissed.
Calendar number 00345, 3517 North 15th Street.
Is there anyone here on this case?
It's the third listing and there are no exhibits.
Vice Chair, I have Anthony Scott. He's been unmuted. He's free to speak. Please unmute
yourself and wait for the Vice Chair, Mr. Scott.
Mr. Scott, can you put your name on the record, please?
Good morning. My name is Anthony Scott. 3517 North 15th Street.
Thank you. Do you swear to tell the whole truth and nothing but the truth?
Yes, ma'am.
okay your case is being dismissed this morning it's the third listing and we have no exhibits
okay your case is being dismissed this morning it's the third listing and we have no
well i'm not sure why i've been dismissed um i just asked for um
well it's being just it's being dismissed because there are no exhibits
and it's the third listing i'm sorry are you referring to the poster that belongs outside
no i'm referring to what you have to submit and that would be an exhibit packet with proof of
ownership tax compliance refusal or referral photos plans of the property five days in
advance of this hearing and you have to have met with the rco and have a letter i'm sorry i'm sorry
chairman i'm chairman i spoke to the um all rco all the documents last year but uh everything
had happened with the covet and um uh i couldn't you know have a meeting in person okay well this
case is being dismissed. I'm sorry, so I had to resubmit everything? So you have to start over
again, right? How do I go about doing that? You can speak to Ms. Sunkit. Okay. Yes, you can reach
out by email to the RCO box that sent you the information. Because I have a RCO meeting
agreement right here. You can speak to Ms. Sunkit. Okay. Sir, your case is dismissed, okay? So you
can reach out to the RCO ZBA email box. Dismissed. Dismissed. Dismissed. Thanks, guys.
okay i'm moving on to the um calendar number two seven six zero 1640 edgley street and are these
being are these together miss saletta no they should be voted they were presented together
but they should be voted separately okay so we hear no testimony this morning
no the record is closed you announced at the last hearing that the record was closed and that you
would vote it this morning thank you so i will repeat that calendar number 2760 1640 edgley
street my vote is no my vote is no my vote is no my vote is no calendar number 3315
52035 North 19th Street.
My vote is no.
My vote is no.
My vote is no.
My vote is no.
Thank you.
Calendar number 2987-1124 South 24th Street.
The attorney is Adam Laver.
Good morning. Mr. Laver, can you put your name and address on the record and spell your last name?
Adam Laver, L-A-V as in Victor, E-R, Blank, Rome, 1 Logan Square, Philadelphia, PA-19103.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do, Mrs. Tanara.
Okay, you may proceed.
Thank you.
Madam Vice Chair, members of the board, I'm here this morning on behalf of South 24th Corner LLC and Jeff Frederick.
On the screen before you is an aerial view of the subject property, which is located at the corner of 24th and Ellsworth Street.
It is, I'm trying to show you with the hand icon, it's the green grass area right here on the corner.
Just to the left is the single family residential dwelling.
Here's another photograph showing 24th Street and to the left is Ellsworth.
Here we are on Ellsworth so you can see the full lot.
and you can see here at the corner that we are in an RSA5 zoning district. I'll note that you'll
see this is a double wide lot and all of the lots next to it are single lots. Here is a copy of our
refusal. We have submitted updated revised proviso plans to Ms. Saleta and to the board five days in
advance and we have narrowed the number of refusals to only one before the board
and we have narrowed the number of refusals to only one before the board, which I've highlighted for you.
The proposal is for two single-family homes, and what's interesting is that in May of 2020,
there had been two separate lots at this site.
The lots were consolidated into one.
If the lots had not been consolidated with the revised plans before you, we would not even be before the board.
We're seeking to subdivide one lot back into two lots, and we are not able to meet the required 1,440 square feet per lot.
Each lot is proposed as 960 square feet.
There is an exception in the code at table 14701-1.
If 75% of the lots adjacent to this lot were non-conforming in size, essentially, this would be over-the-counter.
We are close to 75%, very close, but not quite there.
So it's a very technical refusal.
The Point Breeze Community Development Corporation has reviewed the proposal and has supported it,
which you'll see right here. In addition, Ms. Woodruff, the immediate next door neighbor at
1128 South 24th Street is in support of this proposal. Here is the plan of subdivision. In
the left you see the double wide lot to the right where I've highlighted you're
seeing the two 960 square foot lots that are proposed this next page CN1 shows
the two proposed lots on each lot a three-story single-family dwelling
again we have revised the plans to take off the proposed accessory parking which
was originally proposed and had generated a couple individual variances. If the board is inclined to
grant the requested relief, we would ask and we made a commitment in our presentation before the
community that these revised proviso plans would be submitted. And the community is quite pleased
with the proposed single family homes, which are in keeping with what I showed you in the original
photographs in the surrounding area we believe that this certainly meets the scope and spirit
of the code we're left with one very technical refusal mr frederick is here to adopt and affirm
at the appropriate time and i'm pleased to answer any questions we are not aware of any opposition
or concerns with this proposal does the board have any questions no
no would you ask your uh client thank you uh mr frederick would you kindly raise your virtual hand
so that uh mrs tenere the vice chair of the board may swear you in
hello hi can you put your name on the record please yes my name is jeffrey frederick
okay and do you swear or firm to tell the whole truth and nothing but the truth
I do. Thank you. Thank you. Mr. Frederick, have you had the opportunity to hear
my entire testimony before the board this morning? I have. And would you adopt and affirm it as your
own? Yes. Thank you. Thank you. Is there anyone else here who wants to testify including
representatives of RCOs, council reps, and members of the public? If so, please raise your hand.
Hi, Chair, we have a caller.
Hi, Tiffany Green, Concerned Citizens Appoint Brief.
Do you swear or for Tiffany, Tiffany, do you swear or for him to tell the whole truth and nothing but the truth?
Yes, I do.
Thank you. You may proceed.
First of all, I want to make the point that this particular lawyer developer was non-responsive to our RCO.
So we never received notification of the second meeting.
There was a second meeting.
We never received any notification of the first or the second meeting from this particular applicant.
And also we requested their ZBA packet.
We never received their ZBA packet, and we don't understand why they were being so nonresponsive to our RCO,
which is noncompliant with the zoning code regarding how to, you know, address RCOs.
WHAT IS YOUR RCO? CONCERNED CITIZENS OF POINT BREEZE.
Okay. They have met with the Point Breeze Community Development Coalition.
OKAY. THEY HAVE MET WITH THE POINT BREEZE COMMUNITY DEVELOPMENT COALITION.
That's the coordinating, but we're RCO too. We've been here longer than that, but I'm saying you're supposed to, under zoning code 14303, the applicant should notify all RCOs in the area and provide them with the information, his information, for us to be able to assess.
It's not just the coordinated RCO that has a say in this particular case.
Mr. Laver, do you want to address this?
I'm confused in hearing this.
I was just pulling up my records to confirm that we did certify mailings, and I was just
taking a look here, and I see that Point Breeze Civic Association, 36th Ward GOP, Point Breeze
Community Development Coalition, Tasker Morris Neighbors Association, South Philadelphia Homes
Incorporated, Concerned Citizens of Point Breeze, as well, of course, as the Councilman's Office,
we're all notified by certified mail in December, December 9th of 2020. I've shared that
uh certification with council for the board and i am not aware i haven't received any
um requests for information from any other parties we've had several meetings actually
with the community i i believe it was three or four and nothing has been hidden so um
i i don't know respectfully what is being raised before the board at this late hour
Well, my point is that you had a second meeting on February 22nd, correct?
That sounds right, ma'am.
Okay, when we learned about the meeting, we sent you out an email.
I'm trying to get the date.
We sent out an email because of asking you to send us your CBA packet or any revised plans so that we could see if there was anything done or changes.
We never got a response back from you.
I need to find that date.
I don't have it from me right now.
I would have been happy to have shared any information. I didn't receive that email.
Okay, well, I sent it out to Mr. Layer. Is that your name, sir?
Adam Lever.
Lever, that's who I sent it. But anyway, the point of it is, at this point, is that you were non-responsive at this point.
Please do not talk over each other. Please do not do that.
I couldn't hear her. Sorry. Go ahead, sir.
Respectfully, it's very important to me as a member of the zoning bar to only represent clients who will be fully open
and transparent with anyone in a neighborhood who has any questions. This could be an error in
technology, but as an officer of the court, I'd like to say to you, ma'am, and also to everyone
who is here today for this public hearing, that I did not receive a communication. I am sure, ma'am,
that you tried to reach me in some way, but I did not receive it. I wish when you hadn't heard
from me that you had picked up the phone and tried to call uh the the the thing that is so
nice about this particular case is to this point in time everyone has been very pleased with the
developers efforts to try to make this project welcome a welcome addition in the community
and uh we would have been happy to have spoken with you at the appropriate time
and we're happy to speak with you moving forward.
We sent it on March 2nd to B-L-C-O-L-O-D-N-E-R at KentBarr.com.
That was the email that we had on file.
And we sent it on March 2nd requesting confirmation of a public second meeting
and information.
But, however, I'm not going to go back over that.
I just want to make the note and I want to put it on the record.
The thing about it is that we're opposing this variance because, first of all, there's no hardship here.
And that's what we talked about this before.
There's no hardship, and you're setting a presence of putting, we're saying one house per lot, okay?
And according to the refusal, you do not have a hardship at this point.
You can bill on a 14-4 square foot.
square foot um that's advantage even if you put you have the right to build uh
Square foot. That's advantage. Even if you have the right to build houses in that area can go from 960 all the way up to 1,152 or up to 14 square footage. So you have the right to build a nice size house on that particular lot.
also, or you can do
what you want to do, or do a side
yard and everything, but
you want to split the property when you don't
have the actual square footage
into two properties. We don't want to start that
because that's something that will be starting all
the way down the line. That's something we will have to
deal with in the
community. We did not receive
your certificate of mailing, so I'm not sure who you
mailed out to, and I can't say who the support
is because they only have
three people down who voted
at the public meeting.
um excuse me i'm sorry this is sharon's let it miss green just to clarify this for the record
you initially said that you emailed mr laver you then read another email address into the
record are you acknowledging that you did not try attempt to contact mr labor well i i i assume no
they're not mr is that his is that the law firm is that the law firm um uh b k o l o d n e r who
would that be? I thought that was the law firm of Mr. Lager, but
correct me if I'm wrong. Can you repeat that again? B-K-O-L
D-N-E-R
at klinebart.com? That's Bernie Kladner, who's another
lawyer not related to this case. Well, that's what we had.
Okay, well, that's what we had down
under the email that we sent
that we were sent under the RCO notification
for my understanding.
Okay, so that obviously was the wrong email.
And Mr. Laver, can you just state again
what RCOs you met with?
Concerned Citizens, Tasker Morris.
We met with Point Breeze Civic Association,
36 Ward GOP,
Point Breeze Community Development Coalition,
Tasker Morris Neighbors Association
South Philadelphia Homes Incorporated
Concerned Citizens of Point Breeze
and this was all under the auspices
of Point Breeze Community Development Coalition
the coordinating RCO as identified
by the Philadelphia City Planning Commission
in public community meeting notice
that was sent out on December 9th, 2020.
well in the summary letter it only has one and the summary letter only has
vice chair you can continue um the summary letter only has one rco listed i'm sorry miss green i
muted you the vice chair was questioning the attorney um i'm asking the board if the board
has any questions? No. No. Is everyone prepared to vote this? Yes. Yes. Yes. Planning Commission?
Thank you, Vice Chair Tenari. Ian Hegarty for the Philadelphia City Planning Commission.
i-a-n-h-e-g-a-r-t-y. Do you swear for him to tell the whole truth and nothing but the truth?
Yes, I do. The comprehensive plan recommends no change to the existing residential single
family at this location. However, the proposed lot dimensions and single family use are equivalent
to all the adjacent properties on this block front, and so therefore the City Planning
commission would recommend that the zoning board grant the variance thank you calendar number 2987
1124 south 24th street my vote is yes with revised plans consisting of one page
yes with proviso yes with proviso yes with proviso thank you thank you madam
I'm pleased to share members of the board
and have a good day.
Thank you.
Calendar number 2964, 1301 West Cumberland Street.
Mr. Clinton is the attorney.
Yes, he's just been promoted to panelists.
Thank you, Fatina.
good morning madam chairman hi mr clinton name and address please and spell your last name
sure henry clinton c-l-i-n-t-o-n 1313 south 33rd street queen memorial building
photo ppa 19146 and do you swear or firm to tell the whole truth
photo ppa 19146 and do you swear a firm to tell the whole truth and nothing about the truth
i do do you also agree to wave the reading of the refusal and stipulate to its accuracy
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 i have done all those things
accepted tax certification. My client paid a tax bill yesterday of about $1,500 and we're waiting
for a receipt, which I think I'll have during the course of this hearing. Okay, you may proceed.
Thank you. Can I share my screen? Yes, please.
good morning madam chairman members of the board i'm henry clinton for the applicant 1301 west
cumberland investment llc the principal of which is victor goer who is on the call with me and the
architect is frank cuthbertson c-u-t-h-b-e-r-s-t-o-n he is also on the call this is my presentation
binder which contains a table of contents which is aa through a10 my appearance statement the
refusal this refusal concerns uh an i2 zoning district which is industrial as the board knows
and the request is to convert this industrial building into 24 dwelling units if you notice
on the refusal the board actually granted 24 units the exact same application now that it did in
2014. Zoning permits, as the board know, really are only in effect for three years. My client
tried to obtain financing during that time, was unsuccessful. In the process, he obtained an easy
permit, boarded up the building, repaired the roof, secured the first floor, and basically waited
until the climate got better from a financing perspective for him to move forward. That time
period has now arrived, and he has financing in place, and he's ready to move forward.
We met with the various community groups, in particular the 37th Ward RCO. They were aware
of the prior application, and there were many of the same people on this call who were involved in
the original zoning pyramid of 2014. So there's overwhelming support by the community, 14, excuse
Excuse me, 16 folks voted in favor with the understanding that the developer was to do a few things, which they've asked to be provisos as part of this application.
I'm sure Sharon can weigh in on this, but one is, and I'll show you from the aerial photographs when we get to it, my client owns adjoining parcels.
And on adjoining parcels, he's going to carve out parking spaces for the sole use of the tenants of this building.
We've also agreed to install lighting and cameras to light up the building, especially
in the area of 13th Street, because there's an overpass there, which gets kind of dark.
That's something we would do anyway, because it's advantageous for our building.
And also, we're going to have a sanitation company for trash pickup, and also a property
management company.
These are the photographs of the building.
you can see the train tracks here a little underpass here which needs to be lit up and
that's why there's going to be lighting on this side of the building and we'll also have lighting
on the other side of the building my client owns this vacant ground here and he's going to have
parking from this building on an adjacent parcel behind this building there's a closer view you can
see it's an old industrial building we're going to maintain the same footprint maintain the same
stories, four stories. There will be six apartments on each story, 10 two-bedroom apartments, and then
14 one-bedroom apartments. These are the plans which I can go through if the board so desires,
but you can see it's kind of an attractive building once it's restored. It has nice arch
window areas, a nice turn here on the left side of the building. Here's another elevation from
the rear of the building. And this is the elevation from the two sides. Floor plans,
again, as I said, four, excuse me, six apartments on the four stories, and the next of one and
two bedrooms. This would be the front of the building on Cumberland Street.
so again the rest of the documents are concerned
So again, the rest of the documents concern the deed, the application, our PIP form, all
the pro forma documents that usually go along with this application.
So I just think this is a unique building that's going to be maintained, it won't be
demolished, it's going to be restored with nice windows, all the windows pointing on
the outside, there's already a new roof on it.
the industrial use of the building really is not going to be worthwhile either from a community
perspective or from a use perspective it's really trending residential and converting this building
to residential will bring more more folks to the neighborhood more foot traffic and i think be a
positive overall for the neighborhood and it's in harmony with the code the request and it's in
harmony with what the community would want and it doesn't affect anyone's light and air so
I stand ready to listen to any questions the board may have or any concerns or any concerns
from anyone else who may be on the call does the board have any questions uh yes yes vice chair
lady lady lady's good tom a counselor uh do you have an address for the uh adjacent
partial that you're going to use for accessible parking yes we do that would be 13 i believe
mr holliman i believe this property is 1301 to 1331 west cumberland and i believe that property
is 1333 West Cumberland. Excuse me, this is Sharon Saleta. Mr. Clinton, can I confirm that that
property is not before the board and that they therefore would not be able to add any proviso
relating to that property? That property is not before the board, but we certainly would agree in
writing with the community group that that would take place, whether that's in the purview of the
board I think that's your call yes thank you I don't believe that it is it would have had to
have been posted and a separate zoning application submitted for that but certainly you could agree
with that to that with the community outside of this proceeding thank you Mr. Lotto that and we
will do that in fact I think Mary Jones even suggested that and that's something we would do
thank you sherry
thank you mr hallman and the rco you met with is the 37th uh board yeah we actually met with
several but the letter is on the 37th word uh it's a letter of support support right
is there anyone else who wants to testify
on this case, please raise your hand. Vice Chair, I have Calvin Williams who has been
unmuted. Please unmute yourself and wait for the vice chair.
Hello. Calvin, can you put your name on the record, please? Calvin Williams and I am at 1814
the Troner Street. Thank you. Thank you. One second. One second. Do you swear or affirm to
tell the whole truth and nothing but the truth? Yes, I do. Okay, you may proceed. Yes, I was just
listening in and I'm just adding in as just a concerned citizen. From the aerial shot that I
saw, it reminded me I lived for about three or four years in the 3200 block of Clarion Street
And I'm kind of familiar with that area there. And my question is just, the only way that we were able to ever get into that street was off of 13th Street. It's kind of like an, almost like an alley curving kind of a street there. And my question is that, was any consideration given for the Clarion Street residents and how they're getting out of their property and whether that affects it at all?
did you say you lived on clarion street yes i think yeah that's right there
and the only way into that street is off of 13th street
and is there i think that's right in back of where you where you're building
yeah is that where the parking spot is going to be the parking is going to be behind the building
and we'll come out on this street and we wouldn't block clarion or we wouldn't be going
we've not anticipated the tenants would would be traveling on clarion street i think they're going
to use cumberland and 13th there's broad street right here
Cumberland and 13th there's Broad Street right here yeah if you pull up you see where 13th
Street there is yeah yeah about about three quarters of the block down there is where you
turn in to come up Clarence Street it's a one-way street and it goes uh it travels uh south
yeah right there but you come you come in right at the at the you can't come in off of uh Cumberland
Street or whatever. You have to come in off of 13th Street and then turn in and go south.
But that doesn't affect your building. I can see now. I just want to declare to my Brian. I'm fine.
That's fine. Thank you, sir. Yeah.
This is Sharon Slut again. If I can just say that I checked and confirm that the taxes on the
property are current. Thank you. Are there any more questions from the board? No.
Planning Commission?
Thanks.
Thank you, Vice Chair Tanari, Ian Hegarty for the Philadelphia City Planning Commission.
The comprehensive plan recommends a zoning map change to CMX3 at this location.
The variance use and dimensions conform to this proposed zoning district and so therefore
the City Planning Commission recommends that the Board grant the variance.
Thank you.
Calendar number 2964-1301 West Cumberland Street.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Madam Chair, should I have my client adopt my testimony, which I didn't?
Sorry about that.
Mr. Gutt, can you unmute yourself?
It's either G-U-T or G-U-R, maybe as moniker.
he is on the call
your client has been unmuted
please unmute yourself sir
yes my name is
Victor Gour
thank you very
much for taking the application
I appreciate everybody's time
everything I heard
I'm sorry sir could you pause
for a moment and allow the vice chair to swear you in
Sir, can you spell your last name?
G-U-R.
And your first name?
Victor.
Okay, and do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Thank you, you may proceed.
Mr. Gerger, good morning.
Good morning.
Have you been involved on this Zoom call from the time I started presenting this project?
Yes, I did.
and did you hear my testimony and if you had the opportunity to testify would you adopt my
testimony as your own and as true yes and that's true and correct yes it is true and correct
thank you very much thank you madam chair excuse me this is sharon saleta i'm sorry to interrupt
again but there was one rco proviso that that could be added that would be enforceable and
is commercial trash pickup um since mr clinton's witness client has testified it should probably in
any case be revoted okay we will do that calendar number 2964 1301 west tumberland street my vote
is yes with commercial trash pickup yes with proviso yes with proviso yes with proviso
thank you mr clinton thank you madam chair have a great day everyone you too calendar number
zero zero seven zero 1615 south broad street the attorney is rich demarco
mr demarco has been promoted to panelists
Hi, Mr. DeMarco. Name and address for the record, please, and spell your last name.
Good morning, everyone. Richard DeMarco. Address is 2005 Market Street,
Philadelphia PA, 19103. Can you hear me okay?
Yes. Do you swear or affirm to tell the whole truth and nothing about the truth?
Do you also agree to wait the reading of the refusal and stipulate to its accuracy?
I can. Madam Chair, I'll share my screen if that's okay with you.
One second. Have you emailed the exhibit packet with the required documents consisting of
One second. Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal or 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?
Yes to all the above. The only exception is that the tax clearance is currently being worked on.
We're hoping to have it today, but it might not be today. So we'd ask the board to allow the case to move forward.
and we will get the tax clearance within a matter of days to the administration.
That's all right.
Ms. Saleta?
I am looking it up now.
If I can't confirm that the taxes are current,
then yes, it should probably be held until next week to be voted.
Yeah, if you can vote it next week,
that should be consistent with the timetable.
if Sharon doesn't show that the taxes have been cleared, that's fine with us. A vote in a week
should be perfect. Thank you. Okay, you may proceed. All right, so this is a request for a
variance. This is the 1600 block of South Broad Street, which I'm intimately familiar with. I
grew up in the next block, next door. My grandmother lived three doors down from this property, so
So I think the board could take judicial notice that I know the area.
Anyway, we did meet with the RCO.
We're okay with their – they had some provisos.
They're okay with the use.
The proposed use is the offices of Conrad Benedetto,
who I'm going to ask be added to the case as a panelist.
It's an attorney in South Philadelphia.
It's his law office.
second floor we're asking to legalize the second floor residential apartment unit and then there's
a third unit this property has a long history of multi-family use there is a permit in the
zoning archive for three units it was changed to first floor commercial with units above
but because the property is currently zoned RSA 5, we need the use variance to legalize
current conditions. So Mr. Benedetto is willing, maintains a residence on the second floor,
and we're asking for a third unit. I'll share my screen.
you should be able to see the zoning refusal on your screen is that visible it sure is here yes
thank you yes okay great you see here these EBAs this voting board actually granted a variance for
the three units in the in the past and like I said the history is a long history of multifamily use
This block have very large brownstone buildings.
It was multifamily RM1 in the past.
By the way, we'll have trash storage available to the two tenants in the rear yard.
There's plenty of room in the rear for trash storage.
The tenants will have access both from the back to the rear street, which I believe is
Watt Street, and also Mr. Benedetta will make them rear yard available through the
office space. I'll show you the RCO letter. This is the meeting flyer. Here's the letter, unanimous
support with provisos. We're okay with the provisos. I would just only add, and I'll ask Conrad to get
on in a moment, it's not feasible for this property to be used as single-family. There are some single
family on this block, but this block is predominantly mixed-use commercial and
multifamily. There are, like I said, there's a few singles, but this is a very
mixed block. The way the remapping handled this is they made the middle of
a block single-family, rendering a lot of these properties non-conforming as to
use, and they made the ends of the blocks, I'll show you the zoning map in a
moment but they made the ends uh here's the here's the front very nice it is a little bit of work but
the interior is beautiful i'll show you in a moment that's the rear yard for trash storage
and this is the outlaw office uh so the hardship is clear the property has long been used for a
mixed-use multi-family long history spanning decades of that and this is the permit for
units. So to try to put this back to a single-family use is simply not feasible.
So I'm going to ask the Administrator to authorize Conrad Benedetto to speak on this application.
So I'm going to ask the administrator to authorize Conrad Benedetto.
There are other permits for, there was a permit for a duplex, there was a permit for a business
on the floor. There's the three units. Conrad, are you, do we have Conrad?
Mr. Benedetto, are you there?
Board administrator there.
I see no handshare.
Conrad is not with us. I'm sorry, could you give me the client's name again, please?
Yes, Conrad Benedetto, Esquire.
He's been unmuted. He's free to speak. You're welcome. Please unmute yourself, sir.
Okay, I'm here. I'm present.
Okay, Mr. Benedetto, can you put your name and address on the record?
Conrad J. Benedetto.
I'm sorry, state it again.
Conrad J. Benedetto.
5622 Appletree Street.
no no 1615 south broad street philadelphia pennsylvania 19148 and do you swear for him
to tell the whole truth and nothing about the truth yes thank you okay rich all right thank
you madam chair conrad uh mr benedetto did you hear were you able to hear um okay sorry
okay uh conrad uh mr benedetto did you hear uh were you able to hear my testimony yes okay do
Do you agree with the factual testimony that I made, and do you adopt it as your own, as true and accurate?
All right.
And am I correct that the 1600 block of South Broad Street is predominantly mixed-use commercial storefronts with units above,
although there are a few single-family?
Am I correct about that?
And you will maintain a residence on the second floor, right?
Do you agree with the provisos?
And, excuse me, you will have trash storage available both through the rear and through the office for your family.
That's all I have, Madam Chair.
I would just say, I'm not sure what the Planning Commission is going to say, but I would ask you to vote the case when you get our tax clearance.
A clear hardship.
This is a long, decades-long history of mixed and multifamily use, and to operate this as a student family.
Can you tell me what the provisos are?
that the RCO requested?
One is the trash storage, I assume.
Excuse me, this is Sharon Saleta.
I was actually going to go through those.
Number one is the first floor
be a business professional office
for one law office.
You can add that as a proviso.
Second floor will be one dwelling unit
owner occupied by the attorney.
You cannot add that as a proviso.
You cannot make the variance contingent
on the owner occupying the property.
Third floor will be one dwelling unit
rental you also can't specify that it be a rental and i believe that it is already part of the
application that the third third floor be a dwelling unit basement will be used for number
four basement will be used for storage mechanicals and utilities only that can be a proviso number
five there will be not a non-illuminated flat wall sign for the law of office mounted on the
front facade you can't add that as a proviso because there is no signage included in this
application so this boils down to two first floor business one law office and third floor one
dwelling unit basement storage it will just be the only thing you would need to add would be the
first floor will be used as a law office and the basement will be used strictly for storage
mechanicals and utilities okay we would defer to sharon on this um the fifth one uh the flat wall
uh 12 by 12 sign i believe is as of right so i'm not concerned about i believe mr bandetto would
want to be able to put a sign up but i think that's as a matter of right you get a foot by a foot um
or like a law office. So that should not be an issue. But we'll defer to Sharon on this.
Yes, it's that's not the problem. It's only that it isn't before the board. So they can't make any
proviso relating to it. It might well be as of right, in which case you can get a permit. And
if it isn't, you would come back for another variance. And also, I did check for tax compliance.
there does seem to be a significant tax issue.
Mr. DeMarco, do you want to just notify the board
when you are prepared to have this voted?
prepared to have this voted yeah i would like to not have to come back for another hearing we will
Yeah, I would like to not have to come back
for another hearing.
We will...
forward the tax clearance um when it's available uh yeah we just don't want to have to do no
opposition here we don't have to come back and we'll take care of the taxes okay thank you
thank you planning commission i'm sorry if i could um we didn't request the public i know i didn't
Thank you for reminding me. Is there anyone else who wants to testify, including representatives of RCOs, council reps, and members of the public? If so, please raise your hand.
Vice Chair, we have Peter Zutter. You've been unmuted, sir. Please unmute yourself and wait for the Vice Chair.
Can you hear me?
Yes, Mr. Zutter.
Okay, yes.
Can you put your name on?
My name is Peter Zotter.
And can you spell your last name?
Are you there?
Please unmute yourself, Mr. Zotter.
Can you hear me again?
I can.
So your name is Peter Zotter.
Can you please spell your last name?
It's Z-U-T-T-E-R.
And do you swear or affirm to tell the whole truth and nothing but the truth?
i do okay you may proceed so um yeah we did meet with this applicant um we had no objection
uh with the provisos that were read um we we do become concerned if these
provisos are not acceptable to the board um they are important to us because if the property changes
hands um something like the the business use on the first floor could mean quite a bit that is
not really good for the block um sir are you representing yourself or an rco i'm actually
president of the south broad street neighborhood association okay so i'm sorry i think i said that
while i was muted um okay i also do live at 1440 south broad street so i am very close to the
property right um and i believe that in rsa 5 the the amount of signage for a uh a variance for a
business is quite large we went through this on another property and uh this is why we're asking
for uh this limitation um i'm wondering if we would be able to do a written agreement with
the applicant to cover these provisos that cannot be covered by the uh by the zoning board and by
your decision uh that would be up to you and the applicant right is that uh we can't order that you
do that no it's it's a question to the applicant and to uh his attorney uh yeah i mean we look
We'll have whatever. We certainly don't have a problem with the provisos, but I'd be happy to have a discussion with you about it.
Okay. Thanks, Rich.
Yeah, no problem.
Okay. Are there any other people who would like to testify?
I see no hands, Vice Chair.
thank you so calendar number zero planning commission thank you i see your smiling face
thank you uh ian hegarty for the philadelphia city planning commission the comprehensive plan
recommends a zoning map change at this location to rm1 the comprehensive plan also includes
recommendations to increase residential density and availability of commercial services on broad
Street. The proposed variance conforms to these recommendations, and as Council noted,
the proposed use is consistent with previous documented uses on this property. So taking all
this into account, the City Planning Commission recommends that the Board grant the variance.
Thank you. Thank you. So calendar number, yes. I'm sorry. If we could then close the record and
And hold the vote pending receipt of evidence of tax compliance.
Thank you.
Calendar number 0070, 1615 South Broad Street.
The record is closed on this, and we will wait to hear from you, Mr. DeMarco.
On the tax clearance?
Of course.
So we'll hold this until we hear from you.
I thought Sharon just said you would vote at pending tax clearance, but don't let me interfere, please.
but don't let me interfere, please.
No, Sharon, you didn't say that, did you?
Sharon, you didn't say that, did you?
No, they will hold the vote.
Okay, sorry.
The record is closed aside from documentation
establishing tax compliance.
Very well, thank you.
Thank you.
That's fine.
It's one of those days.
Thank you, you too.
Yes, exactly.
Have a good day.
I'm not finished my coffee, Madam Chair.
Well, hurry up.
I'm a good one, everyone.
Thank you, you too.
Thank you.
um calendar number 1405 1740 north marshall street the attorney is alan knockamson
mr knockamson has been promoted to panelists thank you mr knockamson can you put your name
and address on the record and spell your last name uh yes uh good morning uh madam vice chair
members of the board my name is alan knockamson of knockamson pc a-l-a-n last name knockamson
n-o-c-h-u-m-s-o-n address one two three south broad street suite 1600 philadelphia pa 19109
do you swear or affirm to tell the whole truth and nothing but the truth i do thank you do you
also agree to wave the reading of the refusal and stipulate to its accuracy i do have you
emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or 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? Yes in all respects except I do not have a letter from the coordinating
RCO. We have met with them. We've made attempts to receive the letter on multiple occasions and
HAVE NOT RECEIVED ANY COMMUNICATION. I DON'T KNOW IF THIS BOARD HAS A LETTER. WE DO NOT.
THIS IS SHARON. MS. JONES FORWARDED US A LETTER LAST NIGHT.
ALSO WE HAVE A LETTER IN OPPOSITION FROM THE COUNCILMAN.
GOTCHA. ALL RIGHT. CAN I SHARE MY SCREEN?
SO YOU MAY PROCEED AND PLEASE SHARE YOUR SCREEN.
AND THEN WE ALSO HAVE REVISED PLANS FOR THIS PROJECT AS WELL.
So here today I am presenting 1740 North Marshall Street.
It's a block of Philadelphia that this board has heard on variance requests on many occasions
and have approved variance requests for multifamily use on numerous occasions over the years.
There are a number of multifamily structures of similar quality and similar dimensions.
And we're looking to obviously take a variance for a three-unit condominium at 1740 North Marshall Street.
So along with me are the owners, Kyle Perlman, as well as Stella Siegel, who, just as a matter of background,
Ms. Siegel intends to live on the first four units of this property, of this three-unit condominium.
Along with Mr. Perlman and Mrs. Siegel are his architectural team at Harman Deutsch so they can answer any technical questions.
So here's a deed of the property showing that Mr. Perlman and Mrs. Siegel own the property at 1740 North Marshall Street.
After that, you will see the tax clearance certificate.
it. You'll see that no taxes are owed 2021. Taxes are not due until March 31st, but everything
before 2021 have been paid in full. You'll see the notice of refusal. So this is an RSA-5 property
that the only refusal we're seeking is to allow for three dwelling units in this RSA-5 property.
There are no dimensional variances, and the square footage of the property, if this was an RM1 property, would allow for three units.
In addition, if you look at the zoning file for this property, it has a history of multifamily use.
There's no indication in the file that this property has been anything but multifamily over the course of its history.
Currently, it's a vacant lot.
After that, we are proposing revised plans. We provided them in advance to Mrs. Saleta, but the revised plans, we modified the building footprint, but which does not generate any new refusals or increase the degree of requested variances.
we removed the rear deck on the second floor so we have been in communication with residents
in this community and we'll kind of set forth why you know we believe that the community's
in this community and we'll kind of set forth why you know we believe that the community is actually
in support of this project we modified the size and location of the pilot house which does not
generate new refusals or increase the degree of requested variances again at the you know after
talking to many neighbors who are now in support of this project we removed the projected bay at
the second and third floors again to have something that looks a little bit more traditional
Philadelphia rather than having the base again to obtain the support of the neighbors and
we updated street furniture and encroachments on the property.
This is our application appeal to the Zoning Board of Adjustment along with the Notice
refusal and the project information form and then here is our zoning map showing where we are in the
neighborhood where between montgomery and cecil b moore and six and seven streets
and then here are photographs of the property so right now as i indicated this is a vacant lot
to the right of us is also a vacant lot we did obtain we have a letter of support from the
neighboring property owner at 1738 north marshall street and you'll see in our packet of materials
we have a petition that we generated with neighbors on that block in the surrounding area we have 32
signatures in support we also have 11 letters of support of people on that block in the surrounding
area, including the person at 1738 North Marshall Street. Mr. Perlman actually lives at 1747 North
Marshall Street himself. So here are pictures to the right of the property, to the left of the
property, and then here are similar projects. 1738 is a multifamily structure. 1744 North
marshall street is a multi-family structure 1753 and 55 north marshall street are multi-family
structures and these are the only the only ones i'm referencing are the ones that are actually
rsa5 properties 1747 north marshall street is also a multi-family structure have you spoken to mary
jones since you've made all the revisions uh no we haven't we we have not um i i know that it's
just the council's position you know from from previous hearings that anything that's rsa 5
you know there i think it's a and i'm not going to want to speak from mrs jones i don't know if
she's online but it's typically their position you know to keep the rsa fabric and within some
communities, even though, again, this property has never been single family. It has a, if you
look at the zoning file, it has a multifamily history. Excuse me, this is Sharon Saleta. The
letter from the RCO, the coordinating RCO that Ms. Jones sent me yesterday is a letter in
opposition. No, I get it. And Ms. Saleta, again, we've made numerous attempts to get the letter. So
So I typically like to see the letter beforehand, especially when it's opposition, to see what their grounds were.
My understanding is that there were only two people at the meeting and only two people voted and both voted in opposition.
And my understanding is that one of the two people now, they don't even live in the neighborhood.
They haven't moved since.
Can you tell me who the RCO is?
I believe it's APM.
And this is Sharon.
I have a letter up in front of me.
I am trying to forward it to you, but for some reason I haven't been able to do that.
There were two attendees.
The letter is dated September 17th, and the two attendees voted in opposition.
Yeah, so our office was not involved in the community meeting.
Again, my clients, again, Mr. Perlman, he lives across the street at 1747 North Marshall Street.
Given the history of it always being a multifamily structure, and again, Harmon Deutch actually
present it, you'll see, again, a lot of the properties I talked about, 1724-26, 7 units,
1738, 3 units, 1744, 3 units, 1752, 3 units, 1733, North Marshall, 3 units, 1747, Marshall,
3 units, 1753, North Marshall, 3 units. So Mr. Perlman did not expect to have any opposition,
given that he has a great relationship with his neighbors, given the history of it, that he underestimated any issue.
And given that there was only two people there, he did try to schedule a new community meeting, could not get in contact.
He did try to, you know, schedule a new community meeting, could not get in contact.
Our office has been repeatedly trying to reach out to APM by way of email and phone, and we've had no communication.
So, but just so you understand, you know, this is a three-unit condo.
You know, you come, it's an open floor plan.
You come into the first floor.
You have here one bedroom, one bath.
You go up to the second floor, it's two bedrooms, two baths.
And then the third floor is two bedrooms, two baths. It's a very thoughtful project in the sense of trash storage. The person on the first floor where Ms. Siegel, who owns the property, will be living, you know, she has access to the rear yards.
The second and third floors actually had vented trash storage.
So, again, thinking about, like, any of the issues you would typically have with a multifamily structure in any neighborhood.
Again, no dimensional variances.
This lot is 1,429 square feet.
Again, brick facade.
It was important, you know, that we kept the traditional brick facade in nature and put it into this project.
We got rid of the bay windows to kind of take away that feel of like what a lot of the communities are feeling in terms of that just cookie cutter look.
And then again, as you can see, this is the petition in support.
You have people on the block. 17, 59, 57, 35, 13, 53, 38. Mr. Brown, who signed a specific letter, also signed his petition. 24, 46, 34, 27. Around the corner, 609, Cecil B. Moore, because that's across the street.
You know, you see, you know, again, all these individuals who are in the neighborhood are in support of Mr. Perlman, who's a nearby neighbor. Here you have more 1719 North Marshall, 1747 North Marshall.
so there's overwhelm and then he's even provided ask these neighbors similar neighbors or some
additional neighbors to provide support you know you know in writing in this specific letter
my understanding is missed that there may even be some neighbors who are in support of it who are
online so you know given you know given the overwhelming support given the fact that only
two people showed up to meeting in opposition and one of them my understanding doesn't even
live in the neighborhood anymore. Given our attempts to reach out to the community group
with no avail, not even obtaining the letters of opposition to be able to answer it, I think
this is a project, and given the history of it being multifamily in the past, I think there are
grounds to grant this variance. With that, I would like Mr. Perlman to adopt my testimony.
So, Kyle, can you virtually raise your hand?
Mr. Perlman, you've been unmuted.
Please unmute yourself and please wait for the vice chair.
I'm here.
Mr. Perlman, can you please put your name on the record?
Kyle Perlman, P-E-R-L-M-A-N.
Do you swear for him to tell the whole truth and nothing but the truth?
Go ahead.
Yeah, Mr. Perlman, you heard everything I stated today.
And is it true and correct?
And do you adopt it as your own testimony?
I'm just looking at their letter of opposition, so I'm just...
All right, let's see.
Is there anyone here who would like to testify, including representatives of RCOs, council
representatives and members of the public?
Please raise your hand.
Ms. Jones has been unmuted.
Please wait for the vice chair, Ms. Jones, and unmute yourself.
Ms. Jones, can you hear me?
Name, please.
yes and good morning and please uh excuse the uh background noise um yes mary jones um council
president from council president daryl clark's office uh city hall do you swear if i'm to tell
the whole truth and nothing but the truth i do okay you may proceed yes um i just want to uh
put on the record that we did draft our letter of opposition prior to, well, yes,
in response to the RCO's position letter as well as, you know, the concerns raised
position letter, as well as, you know, the concerns raised by the community who was in attendance at
by the community who was intended.
that previous meeting. Today is the, you know, first time I'm hearing about the, I guess,
letters of support and everything and petitions from the neighbors. If they have addressed those
concerned and um we can we we could just not take a position
revise our position to not taking one thank you so you go from no to taking no position
okay is there anyone else who would like to speak
Vice Chair, we have Mr. Shah. Please unmute yourself. You're free to speak and wait for the Vice Chair.
Hi, I'm here.
Hi, can you please state your name and spell your last name, please?
Yep, it's Deep Shah. S-H-A-H.
Do you swear or affirm to tell the whole truth and nothing but the truth?
I do, yes.
okay you may proceed um so i'm a philadelphia native i actually lived on that block i also
have a property on that block i'm in support um of this project i think it's very similar to the
projects that we're seeing it doesn't cause anyone any harm and i think that you know they're uh just
with my position being on that on that block uh both as an investment as having lived there and
being in philadelphia for almost 28 years um i'm in support of the project thank you
is there anyone else vice chair we have cole cole broski please unmute yourself sir and wait for
the vice chair mr broski please put your name on the record my name is cole broski
and spell your last name b-r-o-d-s-k-y do you swear for him to tell the whole truth and nothing
about the truth? I do. You may proceed. Yes, I'm in support of this project as well. I also live
on this block. Mr. Pearlman has been nothing but considerate of his neighbors and I believe this
project being nothing but income and taxation for the city imposes no kinds of negatives to
the neighborhood. I think the amount of support on his letters and the amount of support he's
garnered from the community is in stark contrast to the only number of two people who are in
opposition in the first place. I really see no negatives in approving this, and I think it should
move forward. Thank you very much. Is there anyone else? And if there is someone else, if there are
many of you who are in support, can we have one spokesperson? I have someone by the last name of
Shelton, who's been unmuted. Please unmute yourself and wait for the vice chair.
I'm here. Hi, can you put your name and admit your name on the record, please, and spell your
last name? It's Rochelle Shelton, R-I-C-H-E-L-L-E-S-H-E-L-T-O-N. Thank you. Do you swear
if I'm to tell the whole truth and nothing but the truth? I do. Okay, you may proceed.
I'm in support of the project. It's in keeping with other properties on the block, and I have no opposition to it.
Thank you. If there's anyone else who would like to speak, is there anybody in the group opposed to this project? And if you're opposed to it, can you please raise your hand?
i see no hands vice chair okay uh planning commission
thank you vice chair cenari ian hegarty for the philadelphia city planning commission
uh in 2017 the zoning map was amended from rm1 to rsa5 at this location in accord with the
recommendations from the comprehensive plan and with the support of the community. The proposed
variance would therefore adversely and substantially affect the implementation of an adopted plan
for the area where the property is located. Notwithstanding the adjacent non-conformities,
the applicant has not demonstrated that the development is restricted by any unique physical
circumstances or conditions on this property. The arguments in favor of this variance are more
arguments in favor of rezoning zoning map amendment for this block. However, as long as this is zoned
However, as long as this is zoned RSA 5, the City Planning Commission will recommend that
RSA 5, the City Planning Commission
the Board deny the variance.
Does the Board have any questions?
Madam Vice Chair, just, you know, in terms of the letter of, you know, that I'm reviewing,
The crux of it is, first, the pilot house.
They were concerned about the height of that.
That's not, we're not asking for a variance in terms of height.
And we did reposition the pilot house to address the concerns of the people at the meeting.
The second concern was they were concerned about more renters coming on the street.
Again, this is going to be a condominium where there's going to be a form of ownership where one of the owners is going to be living there.
And as you can see, Mr. Perlman has a following because he actually lives on that street.
He lives across the street at 1747 North Marshall Street, and his neighbors are actually supportive of this project.
And then the third concern is with parking and with any project in the city, you're talking about issues with parking.
And unfortunately, given the dimensions in the building, we cannot provide off-street parking.
and we would have another variance request for that and we're not asking to create a curb cut
in any respect to take another parking spot off the street. I have a question. On this block,
how many three stories are there with pilot homes? I think we have pictures. Let me see.
Hold on a second. I'm going to re-share my screen. I think there are a number,
but I want to make sure
we have the answer to that
so let's see
and Kyle
you know you live there so
you can answer that too
Mr. Perlman
Mr. Perlman you've been unmuted
please unmute yourself
yeah can you hear me guys
yes we can um there's there's many um since we moved here in october of 2018 there's been
um upwards of 20 properties built there's at least that many of them have pilot house
okay thank you yeah here's one is the example just yeah so here's an example i'm like you know
our pictures aren't great but you know for pilot houses but you can see there's a pilot house
for the picture if you're looking to the left of the property but there's a lot of new construction
there which typically there would be pilot houses so upwards of 20 i would say
that are existing right now existing right now yes yeah i'm also told uh by co-counsel
comenta amazon that 1711 north marshall street she's looking on google maps this you know we're
talking 1739 marshall north marshall street so again it's very common and again we're not asking
for a variance in terms of the pilot house okay calendar number one zero one strike that calendar
number one four zero five 1740 north marshall street my vote is yes my vote is yes excuse me
this is Sharon Saletti that would be yes with revised plans one page please. My vote is yes
with revised plans consisting of one page. Yes with proviso. Thanks Sharon. Yes with proviso.
Yes with proviso. Thank you. Thank you. Calendar number is 0252 1743 East Washington Lane.
Mr. Coos, you've been unmuted. You're free to speak.
Hello. Good morning. Can you hear me?
Good morning, Mr. Coos. Can you put your name and address on the record, please, and spell your last name?
Absolutely.
I'm so sorry. Ms. L, did we promote him to panelists?
Yes, Ms. Sunkit. He's just been promoted.
Thank you kindly.
Here we go. Yes, Nicholas Cuche, CUCE, the attorney for the applicant. My address is 717 Constitution Drive, Exton, Pennsylvania, 19341.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree? Are you an attorney?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,
Have you emailed the exhibit packet with proof of ownership?
copy of the refusal or 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?
Yes to all. Thank you. You may proceed. Thank you very much.
As noted, my client is Selco Partnership, doing business as Verizon Wireless, as you know, a wireless telecommunications company with multiple facilities inside and out of Philadelphia proper.
However, this particular application deals with a macro site, a tower site, if you will, that most people are familiar with these days.
In this area of the city, there are subscribers are experiencing coverage and capacity issues from a radio frequency perspective.
um the site acquisition consultant who is uh here with me as well as our radio frequency engineer
as well as our professional engineer to answer any questions um has scoured uh the area typically
we like to go and utilize existing tall structures uh when possible um there were none that were
viable. So we approached the cemetery owner and that property. That property is 28.13 acres in
area and has an active cemetery. What we are proposing is a wireless telecommunications
facility with a, the initial proposal is for a 113 foot monopole, 12 panel style antennas to be
placed at the top of that monopole. The height to the top of the proposed lightning rod would be
118 feet. We would have equipment cabinets and a standby generator, an electric meter and the like
within an 18 foot 6 inch by 34 foot fenced equipment compound, which is at the base of
the monopole and the fence compound would be landscaped all around, except for the gate
allowing us ingress and egress. We did, in fact, meet with the RCO, which was the 10th
Ward Democratic Committee. We do have a letter that is with you all that is marked as exhibit
a seven. In a six to seven vote, they voted to oppose the application. It was my understanding
anecdotally from Ms. Fitzgerald that that was due to, or the main
idea was for health purposes. There were health concerns about the tower.
When we were denied, just going back for a moment, we have our referral and refusal from L&I.
This is a special exception as we are in the RSA 3 district. We also
uh need relief from the uh fall zone um as well as uh height variances um as our tower needs to
be a certain height and this is the minimum height required to uh achieve our coverage
and capacity objectives excuse me counselor excuse me do you have any pictures or drawings
or anything yes absolutely and i was going to ask if i could share my screen please do
So, here is the plan. As you can see, this is the cemetery property. This is Wolston Avenue down this, I guess it would be the west side of the property.
We're proposing our facility to be placed here by the mausoleum, an existing structure.
Here's a closer view.
One change we made, and I forwarded that to Ms. Saleto, we were asked when we met with the councilwoman and residents.
with uh uh the councilwoman and and and residents outside of the rco um if we could possibly move
our facility such that the fall zone would actually if if this structure were to fail
they're not built to fail but if it were to fail and if it were to fail um
not as uh it usually would which is fall in on itself but fall as a bowling pin it would we
moved it a few feet away from Wolston. So if it were to fall, and this is even in taking into
account the lightning rod, it would not reach the homes proper across Wolston. That was a change
that we were happy to make just for peace of mind for the residents. We have met with
uh on on two separate occasions uh via zoom uh with with the councilwoman's representatives as
well as uh members of the community um we've been out to the property uh the the residents and i
know um uh hillary emerson is is in attendance and will be speaking um shortly uh but we we've
agreed or the property owner has agreed to make certain improvements to the property that they
are not part of this application however they would go hand in hand with this application
so any relief the owner would need by way of fencing or what have you fencing height
you would come in for different relief requests. I note that with regard to our facility,
our radio frequency engineer has proffered a design analysis with the proper propagation maps
showing that there is the need in this area. Also, an exposure analysis noting that the
implementation of this particular facility is well, well within the FCC guidelines and standards
and would have no detrimental health effects to the community. So basically, the implementation
of the tech here would actually benefit the community as a whole, 911 calls, things of
that nature.
Excuse me, counselor.
Do you have a rendering of the proposed tower?
In fact, I was just getting to that.
We have photo simulations.
When we met with, and I will pull those up, when we met with the, I'm sorry, just bear with me a second.
And when we met, the question was whether, and I think the board is familiar, whether
a tree pole situation would be advantageous for the community as opposed to a straight
monopole.
Can everybody see what I've just put up on the screen?
Can you blow it up? I sure can.
So this is this is a map showing where these photos were taken from for the simulations
and we did renderings of so here's our here's our location and here's where these photos
were taken i'll take you through those um here's photo one this is we did a a tree pole rendering
at the request of of uh the councilwoman's office uh given as you can see given given the trees
in the area and the tree canopy um it was requested that uh and possibly a condition
be placed that we put in a tree pole situation. This would not affect any zoning that we would
need. It's just basically a stealthing issue. So you can see the screening at the bottom
and the proposed tree pole. Here's another view a bit closer. This is from Wolston.
a bit closer this is from Wolston you see the mausoleum here in the background
You see the mausoleum here in the background.
this area would be cleaned up for our facility obviously landscaped and then you have your
your stealth tree pole here as noted we we have the applicant has no issue with with the
implementation of a tree pole if that's what the councilwoman and community want we are fine
uh making that that as a condition um as it does in this case uh these tree poles are very iffy
um and and really used sparingly um sometimes they can stick out like a sore thumb if they're
not used in the right place but but as you can see here there is a good blend um from
from many of the views with existing vegetation. That is essentially the application as a whole.
As I noted, I have our radio frequency engineer, our site acquisition consultant, as well as our
professional engineer that I've summarized their testimony so they would be sworn and adopt
or change in any way any of my summation and then obviously we are happy to answer any and
all questions from the board. Does the board have any questions? Yes yes what does a tower
look like? The a monopole situation? Correct. Sure. Let me pull that up for you.
Bear with me one moment. I'm just pulling that up here.
while i'm looking um madam chairman would uh would it be beneficial uh to have my witnesses
sworn at this time or or no if you'd like yes because frankly that would afford me
a minute just to uh to pull up the the other photo simulations
How many witnesses do you have? I have three. Todd Gannon and Andrew Peterson and Michael Cleary.
Okay. Andrew, you've been unmuted. Please unmute yourself and wait for the vice chair.
Mr. Peterson, can you put your name and address on the record and spell your last name?
Sure. I'm Andrew Peterson. Last name is spelled P-E-T-E-R-S-O-H-N.
Address is Box 165, Fairview Village, Pennsylvania. My firm is DBM Engineering.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Okay. Please proceed.
I am just pulling this up for everyone.
My apologies.
um can everyone see what i just put up on the screen no i cannot either no there's nothing on
the screen i'm not exactly sure what's going on but it's i'm having limited issues here with
getting, I can hear everyone, but I'm having limited issues with, okay, here we go. Sorry
about that. Okay. So, sir, in order to share again, you have to hit the share button at the
bottom of your, okay. Yeah, thank you. Yeah, it was, that window was off in the very
uh corner of my screen so sorry about that so now let's see it yes so here are as as requested here
are um uh renditions of a monopole um they're basically
renditions of a monopole um they're basically they're the same photos um but showing a monopole
same locations as before but here here is here is the monopole situation
so that's that's what it would look like as opposed to the treepole
uh from this view how far away is that from the row of homes
um that is roughly
count it out
that is i believe 40 from the monopole 40 feet
no that doesn't no that's not here no i'm sorry that's to the mausoleum
But Mike Cleary, my engineer, can you unmute him by chance?
Can he raise his hand?
Mr. Cleary, you have been unmuted. Please unmute yourself.
Yes. Can you hear me?
Okay. So we are slightly more than the height of the tower.
I'm sorry, sir. Please wait for the vice chair.
I'm sorry.
Professor, can you take over?
Sir, you swear or affirm to tell the truth, the whole truth, for nothing but the truth?
I do, yes.
Can you put your name and address for the record, please?
Michael Cleary, 2100 Mid-Atlantic Drive, Suite 100, Mount Laurel, New Jersey, 08054.
Thank you. Please proceed.
okay so the distance from the pole away from the closest um residence is slightly more than the
height of the pole that was the communication that we had with the residents and the rco was to
make sure that the quote-unquote fall zone that nick referred to earlier
was at least equal to the height of the tower so I don't have an exact measurement
at handy but it's at least I'm sorry my network is going slow now too let me see here
I believe it's roughly 120 feet away from the closest residence
but I can confirm that here if you just give me a few minutes while you're doing that Mike I just
want to go through the rest of the um photo simulation showing a monopole as you can tell
it's it's a sleeker design um there there is a triangular platform at the top um but it's
these are more common we see these you know throughout the city the suburbs everywhere
uh for a macro site um you know typically after a while they they do visually blend in with the
environment and uh to the point where you know we actually have to you know lift our heads and
actually look for them um believe it or not but uh this is this is what a a monopole
situation would look like as opposed to the tree pole
thank you sure i i have a question uh the engineer said the uh distance from the
uh houses is 120 feet and the pole is 110 feet or the tree tree pole or monopole
what factor
would be in play for
a wind load
in what sense
a wind
would blow it further than
a gap of 10 feet
I would find that to be
incredibly unlikely
what's the weight of the pole
the monopole
What's the weight?
It hasn't been designed yet.
And I'm actually not sure what the weight would be because whenever we do analysis of these structures, the wind loading is by far the most controlling factor.
And I'm actually not, I'm not sure what the weight would be because.
So the overall design of the pole is geared towards resisting that wind loading.
and then with the deep foundation of the pole in the absolute inconceivable worst case scenario
of that fall zone there's there's going to be a 20 to 35 foot caisson in the ground too
concrete foundation so even if that pole went over it's got the resistance of all the ground
holding it up to fall over and get blown um you know off of its foundation would be incredibly
unlikely uh these are designed in this area for 90 mile an hour wind gusts um that meet both the
the you know the ibc code philadelphia code and um the uh telecommunications has its own
design and building code strictly for these types of structures because of their unique shape
and use. So it's going to meet all of those requirements and all of their wind loading
characteristics. Thank you.
Does the board have any other questions for us?
Councilor, are you done with your presentation?
Yes, I am.
Anyone else here to speak in this matter?
Secretary, we have Hillary Emerson.
She's been unmuted.
Please wait for the secretary.
okay hillary i believe you was uh sworn in yes yes uh good morning again
yeah sorry hillary emerson from councilwoman sherelle parker's office
excuse me um and i want to speak on the councilwoman's position on this matter
um at this time the councilwoman um is opposed um to the proposed cell phone tower um i just
want to give a little bit of history to explain why. The initial RCO meeting in this case
was held pre-COVID, and then we had been working to schedule a follow-up meeting, then the
pandemic hit, and so we were finally able to schedule a follow-up meeting with the near
neighbor representative from the RCO and the applicant back in December to discuss the
changes that had been made in response to the concerns raised at the RCO meeting. That included
moving the poll further back so that it was a further distance from the homes across the street
on Woolston. We also had representatives from the health department present to address the health
concerns that had been raised by the residents. At that meeting in December, some aesthetic issues
with the cemetery itself. Debris, mud, and inadequate screening fencing were raised,
as well as safety concerns, specifically around the mausoleum. It's very dark. There's a lot of
trees. There's no lighting, and the cemetery gates are not locked at night anymore. Apparently,
there has been some issues with trespassing and crime in the past, noted by the neighbors.
After this meeting, the applicant and the owner agreed to a plan of correction, which was subsequently presented to the neighbors last week.
This includes the owner and Verizon as well, putting down gravel drive, the owner removing the debris, and putting up additional fencing,
which would likely require an additional and separate zoning appeal.
And then, as you saw in the pictures, Verizon also indicated that it was willing to use a tree pole to camouflage the tower with the existing foliage.
The applicant also indicated that the project would not move forward unless the property owner followed through on these agreed upon changes.
When we had the follow-up meeting last week, the neighbors were happy with the plan.
when we had the follow-up meeting last week the neighbors were happy with the plan of correction
that was presented but they still had the safety concerns um that um that had been raised at the
previous meeting specifically lights on the mausoleum and locking the gates at night
after that meeting both our office and the applicant tried multiple times and in multiple
ways to reach the property owner to try to address these remaining issues, because as you know,
public safety is, you know, is a serious issue in general, but has really, really come to the
fore of late. And, you know, we really were concerned, you know, that he addressed the issues
that remained. Unfortunately, neither our office nor the applicant have been successful in reaching
him to discuss this. Because of that, while the councilwoman is generally a major proponent of
improving digital access and closing the digital divide, she cannot support this project right now
due to those outstanding safety issues. In order to support this project, the property owner
would need to commit to putting lights on the mausoleum, locking the cemetery gates at night,
and meeting regularly with representatives from the near neighbors to discuss any remaining
concerns. Thank you. Thank you, Hillary. Anyone else? I see no more hands, Secretary.
Thank you. Planning Commission? Thank you, Secretary Plaza. Secretary, if it's okay,
Could I ask you to put a question to the appellant?
Sure, go ahead.
Before we do that, could you just put on record who you are?
I could.
I'm Ian Hegarty with the Philadelphia City Planning Commission.
Thank you.
The question, sure.
The question is about the zoning refusal that requires a 500-foot separation for towers in residential and CMX1 districts between the tower and a residence.
And I'd just like to understand the justification for hardship on that particular refusal.
Sure. Counsel, can you answer Planning Commission's question?
um yes and if i understand that correctly uh uh in your your uh our rationale for for why we
can't meet that is that correct given the property yeah understood um and and i can certainly speak
to that um this project has been uh with us with me for probably six years now um and uh it's been
it's been a long road um i will tell you this um we being the applicant walked the site multiple
times with the property owner as i mentioned it is um an active uh uh you know cemetery there was
there were no places aside from this particular location that weren't being uh currently used uh
for for uh resting places for people or slated to be used um for for uh resting places plots
sold things of that nature so when i tell you out of all the acreage this was the truly only
location where we could put this tower um that's that's why we ended up where we ended up it was
it was basically trying to work with the landlord to uh come up with a spot that wouldn't impact
his business wouldn't impact uh things um uh you know the goings on at the cemetery uh so we were
relegated uh to to this particular area can i ask you a question counselor yes sir could a different
landlord be feasible um a different landlord you said the only way you can locate this uh tower
was the restrictions that the landlord had the cemetery had yes correct that's the only
spot you could find on that site yes yes well what about another site that would be within the code
um so uh in in looking to uh in looking at this particular search ring uh radio frequency um uh
engineers need us to be. It's almost like a honeycomb situation. We need to be in this particular location, generally, and we scrub the area looking for existing.
generally. And we scrubbed the area looking for existing tall structures that we could utilize
so we wouldn't have to build a tower, you know, rooftops, something of that nature. There was
nothing tall enough. So we had to propose a new tower. And in doing that, as we all know, this
is a densely residential area, thus the increase for the need and coverage and capacity.
So this site, this property was was really the only viable property to place a tower with the restrictions we had with our own network and and and solving the capacity and coverage issues.
But you also had a restriction of 500 feet.
Yes. Yes. And there was truly.
We tried to work it every which way possible to manage and try to, you know, not have to
ask for that particular relief, but we just, there was truly nowhere else on the property
that we could do it, so we had to request the relief that we are requesting.
Thank you.
uh secretary plaza thank you for indulging us um given the appellant's additional testimony
uh we believe that the proposed variances meet the code criteria for wireless service towers
and so the city planning commission would recommend that the board grant the variances
thank you uh carol are you ready to vote this case
Excuse me, this is Sharon Salette, if I could interrupt for just one minute.
Mr. Couchet, can you tell me, you sent me the revised plans as a separate exhibit, but
are all of the pages that you sent, is it necessary for all of those to be stamped?
the revised plans only need to show the pages that reflect the changes right yes um that that
is correct so no I I would say uh Ms. Suleta it it really would be the first and second page
um frankly uh that that just shows the distance um that's the change where we we moved the site
back off of Wollston per request. So it really would be pages one and two.
Thank you very much.
Thank you.
Sharon, can you read the calendar number and the address? I'm away from my desk. I don't have the paperwork in front of me.
Of course, it is. One second. MI 2020, 000252, 1743 East Washington Lane.
Thanks, Sharon. This record is now closed. We're going to vote this case at the two o'clock,
the start of the two o'clock session after we do a little internal discussion.
uh we gotta wait for carol too so two o'clock we wrote this matter okay okay is that okay
yes that's fine thank you confessor thank you thank you all very much likewise
sharon you got the next uh record uh in here i do yes sure thank you you're welcome um next is
MI 2020, 000346, 2340 Orthodox Street. The owner is representing himself. His name is Daniel Marino.
Thank you. Mr. Marino has been promoted to panelists.
Hi, yes, I'm sorry. My looks like my camera isn't working. It's a picture of my dog. I'm sorry.
Okay, Mr. Marino, can you put your name and address for the record, please?
Yes, sir. Daniel Marino, D-A-N-I-E-L, last name M-A-R-I-N-O, address 2340 Orthodox Street.
You swear in the firm to tell the truth, the whole truth, for nothing but the truth?
Yes, sir.
Thank you. Also, have you submitted proof of ownership, required documents, proof of ownership, tax compliance, deed, photos and plans of the property?
Yes, I've done all of that with one exception. I did not submit it five days in advance, for which I greatly apologize. It was submitted two days in advance, but it has been submitted.
Yes, I've done all of that with one exception. I did not submit it five days in advance.
Okay. Sharon, have you done it?
Yes, my understanding is this is Mr. Marino's first time presenting. There were some technical issues. We were in touch, so I think it's fine for him to go forward.
Okay. Also, have you met with the RCO and have a letter?
Yes, sir. That letter should have been mailed over to the board as well. In addition, I have a copy
if you would like it again, but we do have the letter. Okay. Please proceed. Sure. So our case,
I hopefully I'll be presenting it correctly. Again, this is my very first time. So my wife and I,
she's on the call, Laura Marino, although I don't think she'll be speaking. She's at work currently,
purchased this house under the understanding that it was a valid two-family structure.
This was back in 2019.
It was sold to us as a licensed duplex.
That was being very charitable.
I'm going to say miscommunication on the part of the realtor.
It is, in fact, CMX2 zoning, which requires there to be a special dispensation for the-
Mr. Marino, sorry to interrupt.
Do you have any exhibit that you can share?
Certainly, sir.
I'll share that right now.
Thank you.
um so this is the uh the refusal we got here uh the very i'll i'll demonstrate the rest of the
the exhibits in a second but simply the issue is this that there must be a commercial space
in the first 30 feet of the building this um entire block of orthodox if not the two or three
blocks adjacent are all residential this building could never be i don't know how it would be
commercial it's been converted to residential long before we had purchased it the front room
is a kitchen. In fact, I'll show that to you right now. This is the front room of our house,
this is a kitchen. I apologize for the mess, but it very clearly this could not, in fact,
require great work to convert it to a commercial space, if anything. So what we're requesting is
simply the ability to have this as a dual family unit. We're not asking for any changes to be made,
Absolutely no work of any kind to be done. If anything, it's the opposite. It would require
great work to have this place meet code as it currently stands as a partial commercial space.
Yeah, I think it's really that simple. I don't know that I have any other exhibits that are
of merit. Yeah, I'm open to any questions, but I think it really is that simple.
excuse me sir yes how many meters in the on the property total is the property total
is already separated no sir it's a it's a duplex one on top of the other um so it's it's the meters
you have separate meters oh i'm sorry sir electric meters and gas meters yes we do
thank you yes too yep yeah it was it is for all intents and purposes if you were to walk up and
look at it, a completely legitimate two-family. In fact, it was sold to us as a quote-unquote
legal triplex, which we declined. We did not want to convert it to a triplex, and also that would
be illegal, we found out afterwards. Again, very charitably saying the realtor misled us, but yeah.
Thank you. Yes.
Is that it with your presentation? I believe so. Again, this is my first time,
so if I missed anything, I apologize. I'm open to any questions, but I can't think of anything
else that's meritorious relating to why this should be a two-family as opposed to family
and commercial. Thank you. Anyone else here in this matter?
Secretary, we have Sloan Folks. Mr. Folks, you've been unmuted. Please wait for the secretary.
Mr. Folks
Good morning, Secretary
My name is Sloan Folks
I'm S-L-O-A-N-E-F
I'm S-L-O-A-N-E-F-I-R-O-L-K-S
Office of Council in Maria
Cananda Sanchez from 508 City Hall
Mr. Folks, you
swore and affirm the truth
the whole truth for nothing but the truth?
Yes, we do, sir. Thank you. We just would like to, we're interested in finding out the outcome of the RCO meeting. We didn't receive a letter from the RCO. We know the RCO worked with the applicant to put together a meeting, I believe it was on the 15th or the 14th. We would just like to know the outcome of that meeting. I know there's a letter there. We'd just like to know what the letter states.
We just like to look at the letter states.
Certainly. Yes, of course. I apologize for not mentioning.
Certainly.
Yes, of course.
I apologize for not mentioning that.
I have it up here on my screen.
I will zoom in on it here.
So, again, this was a pre-COVID originally, and we had a meeting set up.
We had letters sent out to all, I think it was over 200 addresses.
Now, more recently, the meeting was set up with not enough time for that, so we actually went door to door to as many houses as we could to ask if they would attend this Zoom meeting on short notice.
Five people attended.
You can see right here in the middle.
the the board had votes of three yay support and meeting attendees were five yay as well
again we explained to them we're not asking for any special dispensation or we're not asking for
any work to be done simply to treat this existing two-family residence as what it is a two-family
residence thank you in light of that letter the councilman's office has no opposition to
uh this famous request thank you thank you mr folks uh anyone else here in this matter
i see no hands secretary
thank you planning commission thank you secretary plaza ian hegarty for the philadelphia city
planning commission comprehensive plan recommends a zoning map change to rm1 at this location
orthodox street has not been a viable commercial corridor for many years this variance would
legalize an existing use that conforms to the proposed zoning district so accordingly we would
recommend that the board grant the variance thank you does the board has any question no no
Thank you. Tom, you might read that information into the record.
I'm sorry, were you asking me, Mr. Cossett? I can read it.
Okay, sure. MI 2020 000346 2340 orthodox street.
My vote is yes.
My vote is yes. My vote is yes.
Thank you. Good luck. Thank you very much. Thank you.
would you like me to read the next case
um i believe i believe number nine um actually i'm not sure if that was continued but number nine
On MI 2020-0003042, 2455 North 29th Street, the attorney is Rachel Pritzker.
Rachel Pritzker.
Ms. Pritzker has been promoted to panelists.
Thank you.
Rachel, good morning.
Are you swearing to tell the truth, the whole truth, and nothing but the truth?
And you agree to waive the reading of its refusal and stipulate to attack mercy?
Also, have you submitted the required document, proof of ownership, proof of tax compliance,
copy of the referral or refusal of photos and plans five days prior to this hearing?
Also, have you met with the RCO and have a letter?
Thank you.
Please proceed.
Thank you.
So this is 2455 North 29th Street.
This is an existing structure in an RSA 5 zoning district.
This property was actually approved for a variance for three-family unit, I think about
10 years ago.
However, they obtained the zoning permit and didn't subsequently obtain a CO within the
allotted time.
Once they went to submit the CO, we were asked to go back through the process.
So essentially what we're asking for is the re-legalization of the previously legalized
three-family dwelling at this existing structure.
I believe our hardship is that this variance was granted and that it lapsed.
All three tenants currently enjoy affordable rents of less than $750 a month, and all three
units are in good condition as this building was renovated and they just wanted to go back
through so that we could get a CO. We have a letter of non-opposition from the coordinating
RCO. I'll share my screen. All the taxes are paid. Here's the deed.
All the taxes are paid. Here's the deed.
Again, this is the zoning map.
As you can see, it's an existing structure. Here's the exterior photos of the property.
Here's the interior. As you can see, it's already built out. This is the first floor unit.
second floor unit, third floor unit, and the zoning posters on the property.
I'm going to skip to, here's the zoning history, as you can see, for three units,
which was granted and approved by the Zoning Board of Adjustment back in 2009.
Here's that permit.
And here's RCO notice letters.
Certificate of mailing.
Let me just make sure.
I believe Ms. Cummings sent over, who is the coordinating RCO, sent over the letter of support, or the letter of non-opposition.
I'm just going to pull that up. Give me one second.
um non-opposition with provisos we met with strawberry mentioned community concern
um who also had approved this back in 2009 the provisos were backyard wall we repaired
most of this is stuff that I don't believe that the zoning board can add. However, I guess some
of the, I guess I'll defer to Sharon on which one of these can be included via proviso. I know that
the owner who's on the call has no issue with the other comments and has already made a lot of the
updates that were requested. Excuse me, this is Sharon. The two provisos that can be added are
trash stored indoors and commercial trash pickup.
Okay, thanks.
Thank you, is that it?
Yes, that's it.
I just would like Lizette's on the line.
She is the owner.
I would just like her to confirm my testimony, please.
that's it great and unmuted please unmute yourself and please wait for the secretary
okay ma'am do you swear or affirm to tell the truth the whole truth for nothing but the truth
i do can you put your name and address for the record please
Lizette, can you say your first name, spell your last name, and put your address on the
record, please?
My name is Lizette Braylow, it's L-I-S-E.
I think we're having some technical difficulties.
okay rachel i think that's uh officer of the uh court uh we could stipulate that she uh
thank you the only proviso i i don't think we're adding on is the i don't think we're going to do
the it says commercial trash i think it just says uh sharon i think this is trash management plan
and trash held inside for all floors so i don't want to add commercial trash pick of it that's
specifically on here given it's like you're you're correct on that rachel i apologize yeah no worries
thank you yeah um that's it chairman otherwise i rest my case thank you does the board have uh
Thank you. Does the board have any questions?
Any questions?
Confessor, did it release you?
Can you hear me? Is there anyone else here in this matter?
Yes, Secretary. We have Strawberry Mansion Community.
You've been unmuted. Please wait for the Secretary.
Hello? Can you hear me?
Yes. Can you identify yourself for the record?
Yes. Bonita Cummings, Strawberry Mansion Community Concern, Director, RCO.
Director, please.
Can you spell your name for the record?
It's B-O-N-I-T-A, Bonita Cummings, C-U-M-M-I-N-G-S.
Record, please.
You swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
You're going in and out, so I'm not sure if I can be heard.
Can I be heard?
I can hear you.
Oh, okay. Okay. Yeah. I just wanted to. I don't think it's on your end, Benita.
Okay. Yeah. We, uh, I just wanted to make a correction that the 2009, uh, RCO process was
with the Strawberry Mansion Community Development Corporation and not with Strawberry Mansion
Community Concern. Thank you. And Strawberry Mansion Community Concern heard, uh, this matter
on March the 8th of 2021 and were, uh, have non-opposition due to, um, it already being a
pre-existing structure with pre-existing residents.
However, there is concern or was concerned
with the trash process, which is I think being addressed.
And there was some concern with the back wall
and dampness affecting the first floor tenant.
Lighting as well as some decay of wood
around the front part of the building,
which I believe the landlord has also corrected.
So those were some of the concerns we had regarding this matter.
But we are now in opposition due to it already being from 2009 to date
of three families dwelling with pre-existing tenants.
Thank you.
Thank you.
Anyone else?
I see no more hands
Secretary
Thank you
Planning Commission
Confessor, you're still muted
he had said planning commission i believe planning commission yes thank you confessor um
ian hegarty for the philadelphia's planning commission on 2014 the zoning map was amended
here from cmx 2 to rsa 5 in according with recommendations from the comprehensive plan
however the proposed use is consistent with documented prior use as a three-family dwelling
and so accordingly the city planning commission recommends that the board grant the variance
Thank you.
Calendar number, let's see here, and my 003042 2455 North 29th Street, my vote is yes,
with proviso trash to be stored inside.
Yes with proviso.
Yes with proviso.
Thank you. Good luck. Calendar number MI, which one is that Zeng Jin? Let's see. MI 002995254 East
Phil Atlanta Street
Attorney
Zen Jin
Mr. Jin has been promoted
to panelist
Good morning
Morning Mr. Jin
you swear and affirm to tell the truth
the whole truth and nothing but the truth
Can you please identify yourself for the record?
Can you please identify yourself for the record
Zen Jin ZH
Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia EPA 19103 here on behalf of the applicant, Advanced LLC.
Mr. Jin, you submitted the required documents, proof of ownership, tax compliance, copy of the deed, refusal or referral five days prior to this area?
Yes, I did.
Also, have you met with the RCO and have a letter?
Yes, we do.
Thank you, please proceed.
Thank you.
I'm gonna go ahead and share the information
with the board regarding this case.
Give me, I'm sorry, my apologies, one second.
So, we have submitted to the board the refusal, community letter, photos, plans, certificate
of tax clearance, deed, application, the project information sheet, and this hearing notice.
This refusal has been addressed with some changes.
I will specifically explain them as we go through the plans, however, this is an application
for a new structure on a corner property to use as a two-family dwelling. The area is zoned RSA 5,
so we have two refusals, one of which is for the duplex use, and the second is for a dimensional
standards front setback, because the existing building next door has a front setback.
When we met with the community, we made some changes which were met with their approval.
As a result, we were given a support of the community in their letter with the specific items discussed, all which are agreed to.
So the particular requirements that the community is looking for is they do not want a third floor rooftop deck.
Although our revised proposal for a second floor balcony style type roof deck, a small one, is accepted.
um the to provide street trees we will work with the street department um to provide uh the street
department approval of the sidewalks on both streets uh that is because of the steps coming
out of the building we will we did get approval but we will also verify those approvals with the
community uh our revised proposal has the front setback meeting the eight foot requirement
essentially eliminating that particular refusal. However, we proposed it initially with a concrete
patio. The community would rather just see grass planted in front rather than concrete, and certainly
my client has no issue with that and agreed to do so. And the adherence to the front yard setback
is part of our change. On the plans that I am going to show the board, the plans now
are revised to show that the eight-foot front setback is being met. This does still show the
concrete patio, but again, we have agreed to make sure that this is not going to be put in as part
of the construction. No rooftop deck, a small deck in the back. We still meet the requirements of
rear yard depth and open space, so there are no changes to the refusal, only the elimination of
the one refusal. The community understands that this is a unique block in that it has both
commercial-type use, single-family, as well as what we are proposing, multifamily. Because it's
kind of a mixed block with different size structures, single-family, some of these are
multifamily, and then you have, we're kind of on the corner that's adjacent to two larger,
more commercial type uses. So it's kind of a mixed use block where a corner property with
a duplex use really will not negatively impact the community in a significant way. And it's
not inconsistent with corner uses in the community. So they did not oppose our request to ask
for a variance to get the duplex use. In this case, the revised plans show again, there's
small rear balcony deck on the second floor only, no rooftop deck. The height is within code and
our roof plan no longer contains any deck proposal. It is basically a first floor basement unit,
second floor unit, and third floor is combined as a secondary unit. This layout itself provides
outdoor space in the back because this is also a corner property um the
outdoor space in the back because this is also a corner property the rear yard is accessible by
both units therefore trash storage management will not be an issue with the sit back generally
speaking the community has no objections otherwise to our proposal this is the existing property next
door which is set back it's a small property we have the corner lot and the new structure would
go up. But there is actually space between the two. These are not attached structures.
We're going to have a little bit of space to work with between the building and the
existing structure. And here's the commercial use across the street. This is another angle
of the lot. Because of the way the lot is graded, our height is actually coming from
the lower end. So our building won't look especially large compared to the existing
building because of the grading of the first floor so i'm certainly happy to answer any questions
from the board but we do have again support from the community for the duplex use itself
so i would ask for the board's favorable review of this application excuse me mr jen this is
sharon solita did you submit a revised plans form and revised plans uh when we submitted the exhibit
here's what I was looking at the plans. The way this can be really done would be better with
provisals rather than revising and stamping the revised plans. Simply to say that we must meet
a foot setback and no third floor rooftop deck would meet all the requirements. Thank you. Thank
you. Is that okay, Sharon, with the eight-foot setback? Eight-foot setback and, Mr. J, no
rooftop deck? No third floor rooftop deck because we do want the second floor. Yes, thank you. Yes,
that would be fine, Mr. Plaza. Thank you. Thank you. Does the board have any questions? No. No.
Anyone else here in this matter?
Yes, a representative of my client's company is here.
Her name is, I don't want to mispronounce it,
but short is Angie.
She should be here with us.
Angie, can you raise your hand in Zoom?
Angie has been unmuted.
Please wait for the chair and unmute yourself.
Good afternoon.
uh good afternoon angie can you uh please identify uh yourself for the record please
angelanis acevedo
your address
254 east philolina philadelphia pa
your address
you should be sure and affirm to tell the truth the whole truth
yes i swear can we get a spelling for that name mr plaza
Can you spell your first and last name for the record, please?
A-N-G-E-L-A-N-I-S, last name A-C-E-V-E-D-O.
Thank you.
Please proceed, Mr. Jean.
Thank you.
Angelina, as you heard my testimony and presentation to the board,
can you verify that the presentation and the testimony is true and correct and adopted as your
own? You are muted. Yes, I do verify. Thank you. Thank you. Anyone else, Mr. Arjun, you have?
I don't have anyone else to present at this time. Then I'm here too. Oh, that is Miss Annette
made her. It's the owner of the
property. Originally, I thought she wasn't
going to make it today. Okay, ma'am,
can you please identify yourself for the
record? Yes, I'm sorry.
I went to the pediatrician with my son,
so I wasn't available before.
My name is Anat Madar,
A-N-A-T,
Madar, M-A-D-A-R.
You swear in the firm to tell
the truth, the whole truth, for nothing but the truth?
Yes, sir.
Thank you. Please proceed, Mr. Jim.
Thank you. Anat, you also heard my
presentation and testimony to the board. Can you also verify that it's true and correct and
adopt it as your own? Yes, it is. Thank you. Thank you. Anyone else here in this matter?
Secretary, we have Jeffrey Hayes. Please unmute yourself, sir, and wait for the secretary.
Mr. Hayes, you swear on the firm to tell the truth to...
Mr. Hayes, you swear on a firm to tell the truth, the whole truth, for nothing but the
truth?
Yes, I do.
And you agree to waive?
I'm sorry.
And please identify yourself for the record.
Yeah, this is Jeffrey Hayes.
J-E-F-F-E-R-Y-H-A-Y-E-S.
I'm the chair of the East Mantaire Neighbors Zoning Committee.
Okay, please proceed.
Yeah, I just wanted to say that everything that Mr. Jen had reported there is in accordance with our understanding of the application process, and we appreciate their cooperation and understanding the neighbors' concerns.
And we also look forward to follow up with the items that won't be included in the proviso.
So the concrete patio, the street trees, we look forward to following up later with the applicant and the owner on those issues in the future.
So thank you very much.
Thank you.
Anyone else?
yes secretary we have a caller on a 5g telephone you've been unmuted please wait for the secretary
caller please uh identify yourself for the record please
yes my name is uh fred fiorini can you hear me yes okay yeah i um i work with tcs anika homes
sir yes please uh spell your first and last name and your address for the record
sure would you like the business address for the owners of the home or would you like my personal
i guess your person will be fine okay uh again first name is uh fred f-r-e-d last name fiorini
F-I-O-R-I-N-I
and the address is
Algon Avenue
Philadelphia, Pennsylvania
Okay, you swear and affirm to tell the truth
the whole truth and nothing but the truth?
I affirm
Please proceed
Yes, we
in the last few months we picked
we just bought the property next door
and they're in the process of
uh, rehabbing it right now with permit. Um, there were just a basic questions I've seen
with the plans, what's going on. And we just want more than anything else to, um,
just make sure, um, exactly what's happening based
to, uh, make, you know, secure our property itself. I mean,
I know a lot of the construction traditionally never been used before as for housing was probably
an open lot I know the last all I could find was the last time it was sold in 68 for a dollar
we have windows facing this unit right now which you know will change our plans for what we were
planning on doing with the house I mean you know I mean there's there's some things we'll have to
back out that we had originally purchased and we're planning on doing in the house so we would
like to you know I don't we don't have any problem with them building or anything like that it's just
you know my main concern since I wasn't able to reach or contact anyone is to open up a dialogue
so that we got full understanding and that neither one of us are interfering with the
other's project. Yeah, I think it would not be a problem for my client to have a dialogue with
I don't want to mispronounce your last name. So I'll just say Fred. What I think that's best
addressed outside of the zoning hearing. Certainly, if you can reach out to my office,
my information is contained on the application as well as the notification. We'll be happy to
speak with you or actually the application that's uh listed on the the uh for the zoning meeting
your information is there yes okay so i'll be giving you a call afterwards yeah we'll provide
our client's contact for you to have direct dialogue yeah that's fine i mean that that's
fine like i said it just more um we were more concerned that there was going to be a zero lot
line no back set from our property um which may affect i mean our structure our structure is very
old and um you know that's that's the the bigger concern at this point understood thank you all
right thank you very much thank you secretary we have charles richardson mr richardson you've
Mr. Richardson, you've been unmuted. Please wait for the secretary.
been unmuted please wait for the secretary
Mr. Richardson, please identify yourself for the record.
Good morning, Mr. Secretary.
Charles Richardson from the office of Councilwoman Cindy Bass, room 312 City Hall.
You swear and affirm to tell the truth, the whole truth, for nothing but the truth?
Thank you. Please proceed.
Councilwoman has no objection as she supports the community and the RCO with regard to the
granted variance with the provisos as those that can be applied successfully. So she is in support.
Thank you. Anyone else?
I see no more hands, Secretary.
Thank you. Board has any questions?
Thank you.
Planning Commission?
Thank you, Secretary Plaza.
Ian Haggerty for the Philadelphia City Planning Commission.
In 2019, the zoning map was amended in this area in accord with recommendations from the
comprehensive plan with the support of the community.
I just want to note that this parcel was intentionally not changed from the single-family
zoning district.
And while we appreciate the fact that the applicant has worked with the community to
satisfy some of their concerns. The applicant hasn't demonstrated that the development is
restricted by any kind of unique physical circumstances or conditions. Furthermore,
we don't believe that the proposed variance is necessary to enable viable economic use of the
property, and this is evidenced by recent development of single-family homes on infill
lots in the neighborhood, including 242 Slocum Street, single-family home in 2019,
101, 107, and 121 to 124 East Philolena Street, all single-family homes constructed between
2018 and 2020, and 100 to 112 East Philolena Street, which is a row of seven attached single-family
homes constructed in 2014. And so, accordingly, we recommend that the board deny the variance.
thank you uh sharon what was the the proviso the no no third floor roof deck and the other one
and there's yes the no third floor roof deck and mr janet's meet the eight foot front setback
requirement. Thank you. Thank you. Thank you. Okay. Calendar number MI002995254 East
Philadelphia Street. My vote is yes with the provisos no third floor roof deck and also to
meet the eight-foot backyard requirement.
No, I'm sorry. Front setback.
Front setback. I'm sorry. Front setback.
I'm sorry. I don't know where I got that.
Yes, for proviso.
Yes, for proviso.
Thank you. Good luck.
Thank you.
MI 2020-001535
East Somerset Street.
i i believe that one was continued attorney moving party okay so we're on number 14 14 14
thank you mi 2020-003040 3237 west montgomery avenue
And this is Sharon again. The exhibits in this case were submitted by the architect Mr. Brian
Jones. Mr. Jones understands that he cannot present the case that the owner will present,
but if he could be promoted to panelist status only so that he could share exhibits and if
um requested by the board to answer technical questions. Thank you.
Okay I have uh Haley Johnson no one else with the uh excuse me Haley Johnson no one by that name
first or last name hand is up so I'll allow them to speak that way we can determine if they're the
architect. Um there's also the property owner's name if this helps is Tatiana Garcia Granados.
right she's been promoted to panelists already thank you you're welcome hi good afternoon this
is Haile Johnston uh spelled h-a-i-l-e j-o-h-n-s-t-o-n um I am husband of Tatiana Garcia
Granados and we both reside at the subject property 3237 West Montgomery Avenue excuse me
excuse me but i don't believe your name is on the deed is it it is not no it's not afraid it will
but I don't believe your name is on the deed, is it?
It is not, no.
have to be your wife who presents the case all right thank you thank you can you hear me yes
please identify yourself for the record yes my name is tatiana garcia granados and that's spelled
T-A-T-I-A-N-A
and then the last name is hyphenated.
It's G-A-R-C-I-A
hyphen G-R-A-N-A-D-O-S
and I reside at 3237
West Montgomery Avenue.
You swear and affirm
to tell the truth, the whole truth,
or nothing but the truth?
thank you please proceed um i i'd like to um you know to request that either highly or
or the architect brian jones be able to present i'm sorry that's not possible it has to be you
or an attorney well what about the um i mean i i can speak but there's a presentation that we
submitted oh of course they can um share their screen and show any documents that you refer to
okay mr jones has just now been promoted to panelists all right thank you
in this packet um you'll see the um here i'll wait until it comes up
but the packet has the information it has the um the okay here yeah here starts the zoning refusal
And we did have a public meeting with the RCO, it was the 32nd Ward Community Organization,
and we have a letter of support for the project.
we're looking for to do to enclose our porch we've been living in our house for about 20 years
and have four children and would like to use our porch more actively we've been working with
our architect brian jones to design an enclosure that will be in keeping with the historic nature
of the neighborhood. And yeah, and we also, you know, next door to our house, there's an abandoned
property, which makes it, and the way that the porches are built, they, the, our porch is kind
of reliant on the structure of the neighboring house. And so what we would, you know, one of the
ideas of the design was to make it in a way that it you know can has the continuity of our block
of all the porches on our block but that it's also able to um you know to stand on its own
um and we um we've actually spent quite a bit of time on the design and um it so that you can see
that it is in keeping we've tried to design something that allows the light and the vision
lines but and that is also in keeping with the historic nature of our neighborhood.
Okay does the board have any questions? No.
Anyone else here in this matter?
Secretary, we have Calvin Williams.
You've been unmuted.
Please unmute yourself and wait for the secretary.
Mr. Williams, you there?
Yes, I am.
Please identify yourself for the record.
Calvin Williams.
Can you identify yourself for the record?
This is Calvin Williams.
C-A-L-V-I-N
W-I-L-L
I-A-M-S
North Nutrona Street
You swear and affirm to tell the truth
the whole truth for nothing but the truth?
Yes, sir.
Please proceed.
Hello?
Please proceed.
I just wanted to say that
I am a neighbor
of Tatiana and Holly, and they've been great neighbors.
of Tatiana and
Holly, and they've been
great neighbors over the last
20 years. I welcomed them to the
community 20 years ago,
and they've been great and outstanding
neighbors, and
letting you know that I
do support their effort in
enclosing their porch. That's it.
Thank you.
Thank you.
Anyone else?
Okay, we have Haley Johnston. Please unmute yourself and wait for the secretary.
Hello? Yes. Please identify yourself for the record. Again, my name is Haley Johnston.
Address?
3237 West Montgomery Avenue.
You sure and affirm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
Please proceed.
Yeah, I wanted to add just some additional elements relevant to this consideration.
One is that we are proposing a porch enclosure that is fully within the existing footprint of the existing porch.
We're not seeking to expand the porch in any regard.
Our original rejection for our permit request was related to the setback of the principal building and the immediate adjacent lot.
the proposed enclosure actually is going to exist.
Excuse me, this is Sharon Slota.
This is going beyond being a fact witness.
You were actually presenting the case.
If there are additional arguments that the,
that Ms. Granados would like to present,
she can do that at this time.
Thank you, Sharon.
Certainly.
So we will go back to the initial refusal that's on the first page.
And as you'll see, the refusal was based on the property line.
And we just wanted to point out that the design is not, the porch enclosure does not change
any of the front setback. It's built exactly on the existing porch.
Thank you. Anyone else?
I see no more hands, Secretary.
Thank you. Planning Commission.
Planning Commission. Good afternoon. This is Paula Brumbelow-Burns with the City Planning
Commission and I have yet to be sworn in.
Are you sworn to affirm to tell the truth, the whole truth, for nothing but the truth?
I do. Please proceed. The comprehensive plan recommends no change
to the existing residential single-family zoning at this location. The Planning Commission
has worked directly with the Strawberry Mansion Coalition to create regulations that would
preserve the openness of front porches. This property, because they are closing in their
front porch, has triggered variances. So accordingly, the Planning Commission recommends that the
Zoning Board deny the variance.
Thank you. Carol, you want to take it over?
Okay, for voting?
um why don't you do that because i can't okay you just got that okay board has uh any questions
no sir okay uh all right calendar number yeah right i just lost it i'm sorry calendar number
MI 2020-00-3040-3237
West Montgomery Avenue.
My vote is yes.
My vote is yes.
Good luck.
Carol, we are number...
15 was dismissed.
15 was dismissed.
missed. You got a 16. I'm sorry. Okay. Calendar number 0089 3801 Brown Street.
calendar number 0089 3801 brown street the attorney is isaac slepner or michael maddione
this is sharon saleta we received um an email from councilwoman gauthier's representative
andrew goodman saying that the councilwoman has no objection in this case thank you miss salata
Mr. Mattione has been promoted to panelists.
Thank you.
Mr. Mattione, can you put your name and address on the record and spell your last name, please?
Michael Mattione.
That's M-A-T-T-I-O-N-I.
Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also 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, refusal referral, photos and or plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, to everything.
Thank you. You may proceed.
Madam Vice Chair, this and the next case, 3860 Brown Street.
I presented the documents at the same time.
We'll hear them together.
Thank you.
Calendar number 0091-3860 Brown Street.
Yes, thank you.
All right.
Again, this is the third time we're here.
This case has a long history.
it was a pre-pandemic case. We met with the RCO. They originally opposed it. We came in and met
with the zoning board. They asked us to go meet with the RCO again. We ended up with several
different meetings with the RCO. And based upon those meetings and the encouragement of the
zoning board, we were able to resolve all of our issues and get the support of the community. Now,
The refusals are almost the same for both. We are proposing six units on each lot, one at 3801 and one at 3860 Brown.
They're at opposite ends of the block and they are at the ends of the block.
So we have two refusals, one for the number of units and then one for not meeting the 25% open area requirement.
again here's the second refusal and again it's the same slightly different on the percentage but
the same basic refusal and i wanted to show the um rco letter as you can see there was the last
rco meeting on january 6th we had 29 people in support five people opposed and five people who
decided not to oppose or abstain.
And this was a hybrid meeting, there were 11 people there in support.
I was on Zoom, the client was on Zoom, obviously many of the other people were on Zoom.
And the letter that they sent in also shows the long history of how we had a meeting in
August, a meeting in September, and then another meeting in January.
and the final position was one of support.
Okay, like I said, these properties are unique in that they are on opposite ends of the block.
They're the only detached lots, meaning they have alleys totally surrounding them.
The rest of the block is a bunch of a row of houses, although there are 17 vacant lots,
but they are the same house on either side of the street, except for these two properties,
which as you can see at the end we have nothing we have an alley on either side of us so we are
not connected to any other property so we're unique and we're our standalone properties
and that's at both 3801 and 3860 they just happen to be at opposite ends of the block
here's the the floor plans the floor plans are basically the same for each you have a bi-level
unit, first floor, and the basement with the kitchen and living area in the basement, and
one bedroom on the first floor, and then the second and third floors each have one-bedroom
units, and then there's a rooftop deck, but that's only for access for mechanical and
other maintenance uses, not by the residents of the building.
Again, we have a brick facade, as was requested by the neighbors, and that's similar on both.
Here are some renderings just showing. Again, this is 3801. Can you rotate that?
Here are some renderings just showing, again, this is 3801.
Thank you.
Okay, sorry about that. I don't have to hurt your neck bending around. Anyway, so there is the 3801.
and from the rear
and then
this is 38.60
I want to go down and show
the floor planes are essentially the same for 38.60
I do want to show the renderings for 38.60
and 3860 there's a row this row is all three stories worth three stories this is a three
story building on the corner as well again we have an alley on this side and an alley on this
side we are not connected with the rest of the properties on the block so that's 3860
and like i said my my client spent a lot of time meeting with and talking to the residents on the
block and that led to they're agreeing to support this project and again it's a
unique project we have on the end of the block both blocks we have a standalone
properties the only ones and the ones on the corner are multifamily there are on
this block eight other multifamily uses along with some single-family as well
and 17 vacant lots and five other properties or structures that appear to
blighted and vacant and not used. So this is an area that's difficult to build in. My client,
in meeting with the community, they appreciated his rent points, which would be relatively low.
He can discuss that if you have any questions. And again, given what's surrounding this,
several multifamily projects, including one at 3854 that was recently approved by this
board. We believe that these projects, given the support of the community, after meeting
with and working with the community, really do meet the requisite hardship to be approved.
I would like to call on my client, Eugene Nidovich, to have him promoted.
Mr. Mariana, you've met with the Mantua Civic Association on both?
Yes. There's one letter.
It's a letter of support.
The letter is a support, but it addresses both addresses at the top.
I can scroll back up to that as well, Madam Vice Chair.
And our attorney just said that Councilwoman Gaultier has no objection.
Yes, that's what I understand. Oops, sorry, I'll rotate that.
Oh no, come on. I'm getting there, I'm getting there, I'm sorry.
There, and as you can see,
there's a lot of support. Yeah, there's a lot of support, and at the top of the letter it has both
both addresses on it, 3801 and 3860. But I would like to have Mr. Naidovich promoted.
Mr. Naidovich, please unmute yourself and wait for the vice chair.
Hello, can you hear me? Yes, can you please put your name on the record and spell your last name?
Eugene Nidovich, N-A-Y-D-O-V-I-C-H.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Okay, Mr. Matione.
Thank you.
Eugene, did you hear my statements?
Yes, I did.
And are they true and correct?
Yes, they were.
And do you adopt them as your testimony?
Thank you.
I have nothing further unless there are questions.
Does the board have any questions?
no no no is there anyone else who would like to testify please raise your hand
i see no hands vice chair okay planning commission
hi this is paula brumbalo burns with the city planning commission
um i have a question can we clarify a question with the applicant it looked like the letter from
Mantua Civic made a proviso that they were going to, the applicant was putting in affordable housing.
If that is the case, will they be having deed restricted units and can they confirm what the AMI is?
We are not, that was not a proviso in the letter.
That was not a proviso in the letter.
The letter said, based upon compromising benefits met with nearby neighbors and the consideration
of affordable home ownership opportunities in the future, the residents voted to support
for these two parcels.
It was not a specific requirement that we have affordable housing as defined in the
zoning code for this project.
Thank you. I lost my recommendation. I'm sorry. Chairwoman and members of the board. In 2017,
the zoning map was amended from RM1 to RSA5 at this location. In accord with the recommendations
from the comprehensive plan and with the support of the community, the proposed variance will
adversely and substantially affect the implementation as an adoptive plan for the
area where the property is located. The applicant has not demonstrated the development is restricted
by unique physical circumstances or conditions of the property. Finally, six-family use on
this lot is an overuse and the building is designed exceeds the dimensional standards
for... Sorry, technical difficulty for a minute. Applicant, please forgive me.
Finally, six-family use on this lot is an overuse and the building is designed exceeds the
the dimensional standards of the lot for open space,
which shows that there is an overuse.
The city planning commission recommends
that the zoning board deny the variance.
Thank you.
Calendar number 00893801 Brown Street.
My vote is yes.
Calendar number 0091 3860 Brown Street.
My vote is yes.
My vote is yes.
Is that to both Sharon?
yes yes yes that's fine yes yes to both no to both
calendar okay thank you calendar number 2989 3924 haverford avenue the attorney is john joe
consul excuse me before you start on that can i just confirm that the vote was three yes one no
Thank you.
Mr. Consul has been promoted to panelist.
Mr. Consul.
Mr. Consul, can you put your name and address on the record, please, and spell your last name?
Yes, Joseph Consul. That's C-O-N-S-O-L-E. It is 1 West 3rd Street, Suite 204, Media, Pennsylvania,
1-9-0-6-3. Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
I do. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
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? I have. I did. And we have one, yes.
Okay. You may proceed. Hi, everyone. Joe Consul here. How are y'all doing? I'm here on 3924
Haverford Avenue, owned by GLY Investments. German Yakubov is on the call as well. He is the owner's
rep. We are here seeking a variance to use this RM1 property, which measures approximately
1,675 square feet as a six-family property. We have one refusal, and that is for lot area.
we uh met with the mantua civic association in december uh at that time we had met with them
regarding uh one two three four five total properties uh those other properties are on
the screen now 39 18 39 20 the one we're here for today 39 24 30 there's nothing on the screen oh
i apologize i clicked that button let me let me try it again hold on
that is my bad
see if this does it that do it that's doing it all right perfect okay all right so
see if this does it
here we are again so we met with the mantua civic association
in uh in december for uh these properties 39 18 39 20 39 24 which we're here for today
3926, and 3930 Haverford Avenue. The other four besides the one we're here for today,
we had originally applied, we submitted the appeal prior to today's appeal, and those properties
were all heard by the CBA on January 13th. The variances were all the same as the one we're
seeking today and we got a yes on all of them um as well as a uh support from the rco uh manchua
civic association also the 24th and the 24th ward as well the 24th ward as well correct yes 24th
ward participated and we have their support as well that's correct yes okay this is sharon uh we
we also have mr goodman also emailed that uh councilwoman got the as in non-opposition
great thank you okay so we we had four of these already this is the fifth one we tried to get
all of them lumped together in january but there wasn't space for us so we're here on the straggler
mailing photos uh the property in the middle here 39 24.
photos we take it down to our plans i'll zoom in here just wanted to point out that similar to
similarly to the other properties there's no occupancy in the basement
we have open areas on every floor to account for trash storage
prior to trash day these open areas are next to stairwells which allow the units
to store their trash outside but not have to lug it down until it's actually trash day
in addition to that on the topic of trash Mr. Yakubov has engaged private trash collection
companies for the pickup on these properties, as that was something that was requested,
so he is doing it.
Here's our plans.
We have a setback on the roof deck.
We've got no refusal on that.
And that's it.
It's going to be six dwelling units.
Is your client here?
German, could you raise your hand?
Hello.
I've been unmuted.
Hi, can you put your name on the record and please spell it, your last name?
German, Jakuba, Y-A-K-U-B as in boy, O, V as in Victor.
Do you swear to tell the whole truth and nothing but the truth?
Good afternoon, German.
Did you hear my testimony so far?
I have.
do you agree with it i do is there anything you'd like to add to the board today
no just that we've been in the neighborhood for forever um at this point 14 years um we've owned
this property for a good chunk of that time um and we have overwhelming support from the neighbors
we were we're a good neighbor um in the community we we help out on multiple levels that's where
we're able to get the support from the community and no opposition from from councilwoman's office
as well as we were able to get approval for the four other buildings which are identical to this
one back in January. So we hope we meet the same fate today. Thank you. Is there anyone else here
who would like to speak on this case? If so, please raise your hand. I see no hands, Vice Chair.
Thank you. Planning Commission?
Thank you, Vice Chair Tanari. Ian Hegarty for the Philadelphia City Planning Commission.
So the comprehensive plan recommends no change to the existing multifamily zoning at this location,
but we don't feel the applicant has demonstrated that the development site is restricted by unique
physical circumstances as is required to, nor has he shown that the proposed density is necessary to
enable viable economic use of the property. And I would like to further note for the board's
consideration that there is a buy-write option for the requested density through the mixed
through the mixed income housing bonus which could be either on-site units or contribution
income housing bonus, which could be either onsite units or contribution to the
to the fund. And so we would recommend that the board deny this variance.
Thank you. Does the board have any questions? No.
Sharon, are you about ready to speak? I am not. Okay. Nothing to add. Thank you. Okay. Calendar
number 2989 3924 haverford avenue my vote is yes my vote is yes my vote is yes my vote is no
thank you
i think that concludes the uh 9 30
yes is that correct
yes that concludes and thank you confessor there was an emergency
i'll see everybody at two all right see you later thank you bye-bye see you guys
thanks everybody thank you so much
we are recording thank you and uh since i missed this morning who's uh doing the administrative
work jason no fatina okay so fatina you need a few minutes no i'm good okay uh we're ready to go
I like the music. Thank you. Good intro. Good afternoon, everyone. My name is Frank DiCicco.
I'm the chair of the Zoning Board of Adjustment. I'll be participating in today's hearing along
with our vice chair, Ms. Carol Tenere, board secretary, confessor, plaza, and board members,
Mr. Thomas Holloman and Mr. James Snell. Board administrator, Ms. Fatina L., and our board
Attorney Ms. Sharon Saleta are also in attendance. For those of you who haven't yet participated in
one of our virtual hearings, I'll go through some of the basics of what you can expect.
First, we will be administering oaths to individual participants prior to their testimony.
Second, we'd like to advise everyone that this proceeding is being recorded and that by
participating you acknowledge your agreement to be recorded and this recording will be available
For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.
I'll repeat.
For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.
Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.
I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.
And I would also like to advise everyone, please do not attempt to testify in the chat.
Any comments should be directed to our board administrator.
With that, I believe we can begin.
And I think there's some unfinished business from the nine o'clock list.
Carol?
Yes, there is.
Yeah, could we hold off for one second?
Thank you.
And we can do that when we have all members available to vote.
everybody's on professor tom jim
is not no jim is not
and are we do we wait for jim yes
he's on all righty okay
okay madam chair thank you ready to go yes okay calendar number 0252 1743 east washington lane
my vote is no my voters no my voters no my vote is no
we can start okay um mi 2020 that's zero zero zero zero three four one five three five that's
three seven north american street excuse me chair i believe there was
excuse me chair i believe there was one continuance or or maybe i'm wrong on that
i don't see it you might be right i don't see it on my list i see the
notation about 2301 south broad we'll we'll go forward um no there was an email that i sent it
Yep, you're right. Hold on. Again, I apologize. I'm working from two instruments.
I don't have that.
Hold on.
Two instruments. I apologize.
Okay. The following cases have been requested to be continued.
MI 2020-001115, 2504 East York Street.
And that is it for this afternoon, for 2 o'clock.
If anyone objects to that case being continued, please raise your hand at this time.
Chair, we have Catherine Missimer with her hand up.
I'm not sure if she wants to speak to this case or not.
Good afternoon, ma'am.
Please identify yourself with a record name and address.
Catherine Missimer, M-I-S-S-I-M-E-R, 1835 Market Street, Suite 1400, 19103.
Do you swear to tell the truth, the whole truth, nothing but the truth?
Thank you. Please proceed.
I was not planning to speak to that request.
I had sent a request on Thursday of last week to request our continuance in another matter today, for this afternoon.
What is the case number?
MI-2020-002851, 2421 Masher Street.
We have that on our continuance list, that it will be continued.
Excellent. Thanks very much.
Thank you.
Again, anyone object to the case that I called in, 2504 East York Street, having that case being continued?
Raise your hand.
Excuse me. This is Sharon.
And Ms. Missomir, are you still there?
I believe that's on the 3.30 list.
So it would have to be announced then.
Yep, it is on the 3.30 list.
Apologies, we had two o'clock on the calendar.
No worries, it will be continued on the 3.30 list.
Great, thanks so much, apologies.
Okay, at this time,
we'll ask if anyone is requesting a continuance
or withdrawal for the 2.30 list.
i see no hands share okay uh carol we can begin
okay calendar number zero zero three four one five three five dash thirty seven north american street
Yes. Good afternoon, Mr. Chair, members of the board. I was accidentally
Good afternoon. Name and address, please.
Oh, yes. Alan Nockamson of Nockamson, PC, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.
And you're sworn in from this morning, correct?
I am. I am. I was accidentally promoted for this matter. My co-counsel, Clementa Amazon,
time we'll be handling it okay hi clementa can you put your name and address on the record and
spell your last name yes of course good afternoon chair members of the board clementa amazon
c l e m e n t a last name a m a z a n knockamson pc 123 south broad street suite 1600 philadelphia
PA 19109. Do you swear or affirm to tell the whole truth and nothing but the truth? Yes, I do. Do you
also agree to waive 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 and or plans
of the property five days in advance of this hearing? And have you met with the RCO and do
have a letter? Yes, we actually have a letter of support at that. Thank you. You may proceed.
Thank you. May I share my screen? For you, May. Perfect.
Can everyone see my screen? Yes. Perfect. So again, my name is Clemente Amazon. I will be presenting
1535-39 North American Street. And with me, I have Michael Frechette, the owner of the property,
as well as Judy Robinson, who is the architect for this matter. During my presentation,
I will be going through the deed, tax clearance information, the notice of refusal, as well as a
tax clearance information the notice of refusal as well as a permit for the property showing
permit for the project.
the history and that it has always had multiple units the application for appeal zoning map
photographs of the property as well as plans and drawings and last but not least a letter
of support from south kensington community partners so first i have the deed indicating
that my client in fact owns the property as well as the tax information showing that we are
all set. So for this particular project, we have one existing structure, and we have one structure
that we are seeking to build. The existing structure is zoned as CMX1, and when my client
purchased the property, it was fully residential. There was never commercial use there. He currently
has tenants that have been there for a very long time, living on the first floor unit, and he would
like to keep the tenants there. It came to the attention that it was not a legal use, so he's
looking to legalize that unit. So we're just looking to swap that commercial for residential,
although it never has really had commercial use. For the new build, we are zoned as ICMX,
excuse me, IRMX, and we are required to provide parking. But as you'll see in my presentation,
because of recent work that was done on the front of the property, so there was a sidewalk that was
recently done, as well as a fire hydrant, it just wouldn't be feasible for us to create the curb cut
for that parking so here as you can see for 1535-39 there has always been excuse me five
apartments so we're just looking to legalize that use for the additional apartment there
and we have the application for appeal another copy of the refusal oh excuse me
Our project information form, a map of the area. As I mentioned, the existing structure
is zoned as CMX1 and the new build is zoned as IRMX. So for the structure, we're just
looking to legalize that sixth unit and swap out the commercial for residential. Again,
there's already a tenant that's been living there for a long time. It's actually an elderly
couple. And for the new builds, we are incapable of providing parking because of the work that's
recently been done. The map of the area. So this is the existing structure for 1539 and we plan
on building on this lot right next door. This is a view from West Oxford Street and views from
North American to the right of property as well as the left of the property. Views of West Oxford
Street from the left and the right of the property. And this is a better view of the sidewalk's
existing conditions. I'll just zoom in a bit so you guys can see that. As you can see, the sidewalk
was recently redone. There's been a green space that's been added as well as the fire hydrant. So
it would be extraordinarily difficult for us to create that curb cut for the new structure that
we are looking to build. Another picture. So this is 1539. This is the lot we're building on. As you
can see sidewalkers recently done and the fire hydrant would pose an issue for us. And this is
just a nearby apartment complex to provide context for the height that we're looking for this
project. We do not have any dimensional variances, but just to provide a little bit more context on
what we are looking to do here. And I have the plans and drawings. So this is for the new build
that we are looking to create and it's a 60 foot height again there's no height variance
that we're looking for here so there's going to be an artisanal space that my client will
be using privately so that will be taking up the basement as well as the first floor
and then on the second and third floor we will have units one unit one bedroom bath
units and then on the fourth floor we're going to have a bi-level unit that's going to be
two bedrooms and one and a half baths and this is just a site plan showing that the
fire hydrant is in fact right in front of parcel b which would be where our new lot
our new build would be constructed so creating a curb cut would be quite the hardship for
this particular project and we did meet with the community and they provided us with a
letter of support it was a well-attended meeting we had 42 attendees
and this is the letter indicating that they do support this particular project as you can see
here our notice that we sent out indicating the february 24th meeting as well as the zoom
information and time and the refusal as well as the notice that we send out to all properties
as required by the city a list of the property owners and our certificate of mailing so with
that if I could have my client adopt my testimony. It should be Michael Frichette.
it should be Michael Frechette
he's been unmuted you're free to speak
thank you afternoon sir please identify yourself with a record spell your last name
Michael Frechette f-r-e-c-h-e-t-t-e
we're in the firm to tell the truth the whole truth and nothing but the truth
I do thank you
thank you michael did you hear my presentation today in its entirety yes i did and was it
accurate and correct yes and would you adopt it as your own testimony absolutely thank you
thank you questions from the board no no no no anyone else would like to testify in this case
if so please raise your hand
i see no hands chair thank you david i'm not sure were you on this morning i was not sir
okay so you know the drill please absolutely david fecto f-e-c-t-e-a-u with the city planning
commission thank you you're swearing a firm to tell the truth the whole truth nothing but the
truth yes sir i do thank you sir mr chairman members of the board the comprehensive plan
recommends this property for industrial and commercial mixed use. We have no objection
to allowing the existing residential development to continue. The inclusion of business space
on 1537 North American meets the goal of maintaining business use on North American Street. We
believe requiring parking would present a hardship, and we recommend the board approve
the requested variances. Thank you. MI 2021-0000341535-37 North American Street. My vote is yes.
My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you. Calendar number 2477-1624 North
26th street island knockamson has been promoted to panelists hi mr knockamson
Hi, Mr. Nockamson, can you put your name on the record, please, and spell your last
Good afternoon, Madam Vice Chair, members of the board.
My name is Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.
Address 123 South Broad Street, Suite 1600, Philadelphia, Pennsylvania, 19109.
And you've already been sworn in.
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, 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? Yes, in all respects. Okay, thank you. You may proceed.
All right, can I share my screen? Sure.
ALAN OCCAMSEN, I'M HERE WITH MY CLIENT JOHN ADELON WHO'S THE OWNER OR THE OWNER'S REP
FOR THIS PROPERTY AND WE'RE HERE TO PRESENT 1624 NORTH 26th STREET 1624 NORTH 26th STREET
IS IN THE BREWERY TOWN SECTION OF PHILADELPHIA THE BOARD MAY KNOW THAT I PRESENT A DECENT
AMOUNT OF PROPERTIES IN BREWRYTOWN. THIS IS MY SIXTH INSTANCE OF PRESENTING A ZONING VARIANCE
WITHIN THIS ONE BLOCK RADIUS FOR ASKING THE BOARD TO APPROVE A VARIANCE SIMPLY FOR USE OF AN RSA 5
PROPERTY AND TO ALLOW FOR MULTIFAMILY USE ON FIVE OTHER OCCASIONS AND WE'LL TAKE A LOOK AT IT
WITHIN A ONE BLOCK RADIUS THE BOARD HAS APPROVED UNDER MORE DIFFICULT CIRCUMSTANCES.
So, I have a table of contents which includes the DTIP property, the tax clearance certificate,
the notice of refusal to show that, you know, we're an RSA 5 property, we're 1,368 square
feet and we're asking for a two-unit dwelling, a two-unit condominium.
So we're looking for a form of ownership.
Along in Exhibit 3, you'll also see multifamily variances recently granted by this board within
this one-block radius.
You'll see also in Exhibit 4 the application for appeal that we filed with the zoning board
of adjustment. Exhibit 5 are the maps of the neighborhood to show where we are. We're half
a block away from Cecil B. Moore, which is a commercial corridor. So from a planning
So from a planning perspective, it makes sense and this board has approved in the past similar
perspective, it makes sense and this board has approved in the
type of density increases to support that commercial corridor.
The sixth exhibit is photographs of the property in the surrounding area.
Exhibit seven are the plans and drawings showing floor plans, elevations, and the site plan
of the property.
And exhibit eight is correspondence from the coordinating RCO Brewery Townshard with Community
Civic Association.
So, as I indicated in Exhibit 1, you'll see that Papyrus Import-Export LLC owns the property on North 26th Street.
You'll see that the Certificate of Tax Clearance, that they're in good standing.
The only thing that remains owed is 2021, and that is not due until March 31st of 2021.
Exhibit 3, you'll see the Notice of Refusal.
Again, we're in RSA 5 property.
All we're looking to do is erect a two family structure on this property and the only refusal
we have is due to use and no dimensional variances.
Just a little bit of background.
This has been a vacant lot for at least 10 years.
That's as far back as we can see Google photos.
Our understanding that it may be as long as a generation that this property has been
undeveloped.
Again, I have presented many matters in front of this board over the last year and a half,
some of which are on here, some of which are in addition to what I have not participated in.
So 2631 West Oxford Street, this board approved in 1919, two units.
In 2623 West Oxford Street, this board approved in June, three units,
one of which was a commercial unit and two residential.
1616-18 North Bailey Street, this board in 2019 approved 9 units.
2618 West Oxford Street, in June of 2019 this board approved 2 units.
2602 West Oxford Street, this board in 2019 approved 5 units.
2726 West Oxford Street, this board in 2018 approved 2 units.
1611 North 27th Street in 2019, this board approved two units. And more recently, this board, which is on the other side of North 26th Street, approved 1620-22 North Bailey Street last year, six units, and 1633 and 35 North Bailey Street.
this board in 2020 approved three units each. If you look at the square footage of the lots
of these properties and compare it to ours, the board approved variances on much smaller
lots compared to the unit size. Our lot is 1,368 square feet for two units. That means
per unit, technically, we're asking for 684. I did the math as to all these others. Most of them
or somewhere in the 500s and 400s, there's one that's 800 that is, let me see which one that is,
that's 2726 West Oxford. But everyone else but that one, it ranges anywhere from 416.60
square feet per unit to as high as 672 square feet per unit. And we're at 684. So, you know,
comparing apples to apples you know what we're requesting is what this board has previously
approved in the past uh here's our application for appeal that we filed with the zba
along with the notice of refusal and the project information form here's a map of the neighborhood
again uh we're between west oxford and here's it should you know we cut it off a little bit but
here's cecil b more we're on 26th street uh you see bailey again oxford street you'll see these
are all the properties that we're talking about i really tried to compare apples to apple within a
very short radius of the property um photographs this is our property it's a vacant lot as you
can see even the property next to us is a vacant building that's in desperate need of uh tlc
properties to the right of from you know you know north 26 to the right of the property
and we're 26 to the left of the property.
Excuse me, Counselor?
Can you go back to the block pictures?
Oh, yeah, sure.
Can you enlarge them some, please?
Oh, yeah, sure.
Sorry about that.
Is that better?
Now go to the block.
Hold on.
Let me just see which one.
that's to that is to the right of the property and these are to uh the left of the property
so you can see there's a mix between uh three story structures and two stories
So you can see there's a mix between three-story structures and two-story structures.
And there is some new construction.
All the new construction is three stories.
Thank you.
Oh, you're welcome.
All right.
Let me try to just make this a little bit less in size.
But let me just try to make it a little bit less so it's easier to present.
Again, we're not trying to take advantage of any type of dimensional variances and even
the heights.
We're only at 34 feet.
We think that that's more appropriate for this property.
And as you can see, we have a bi-level floor plan for unit number one, and then unit number
two and unit number three are on their own floors.
I'll just make that a little bigger so you can see.
Now, we did meet with the Shardswood Civic Association,
Brewery Town Shardswood Civic Association.
And I was actually a little surprised.
I mean, it was a close vote.
There were nine people either in support or in non-opposition of this project
and 13 people who were not in favor of this project.
Again, I present a lot in Brewery Town.
you know this is the first time that we've had a situation uh where there's been more people not in
favor of one of these projects than in favor of it i don't know if it had anything to do with the
fact that we're on a zoom session um also um you know we're i believe we were meeting i think we
met sometime like i can't remember it it was i don't remember the dates but like it seemed like
the people that showed up were not typically the ones that you would see in this part of the
neighborhood. So I don't know if it had to do with another project there, but we here's proof
of our mailing. It was January 21st. Here's our Zoom information. Here's the 175 addresses we
were required to provide notice to. And then here's our proof of mailing. So with me I have
John Adelon of the Owner's Rock.
So John, can you virtually raise your hand?
Mr. Adelon, you've been unmuted.
Please unmute yourself.
Yes, hi everybody, do you hear me now?
I don't know, do you guys hear me now?
I don't know.
okay hi everybody my name is Muharrem Can Atalan I am representing this address also I am a builder
I am building houses in downtown Philadelphia as well I'm sorry sir um you just need to put
your name on record first and then the chair will swear you in sure my name is Muharrem Atalan
M-U-H-A-R-R-E-M
Last name is Atalan
A-T-A-L-A-N
I swear
Mr. Atalan
I'm sorry
Give me one minute, Alan
I'm sorry
Confessor, are you there?
Okay, can you swear him in, please?
I think the chair is distracted
Sir, you swear for him to tell the truth, the whole truth, for nothing but the truth?
I swear I will tell the truth.
Please proceed.
Mr. Adelon, you heard everything I stated today.
Thank you. Yes, I heard it.
And is it true and correct?
Yes, everything is true and correct.
And do you adopt it as your own testimony?
Okay. Is there anything you'd like to add in terms of any testimony I may have missed?
well i would like to tell to everybody when we purchased this property it was just
before the covet hitting everybody like february 20 2020. also after covet all construction costs
are went up 30 percent now also we don't know the situation of the like real estate market
it could be crash any moment we are expecting actually so i would like to share this information
with you all too so as you mentioned we are not going asking for the advantage of the lot size or
anything we would like to just build two units in that lot yeah and you're going to build two
condominiums right yes so that means you're going to sell to a homeowner each exactly yes
counselor yes how do you handle the trash for the second and third unit uh yeah so they're
to put a trash room in each of the units, a ventilated trash room, and they would agree to
a ventilated trash room and they would agree to in terms of a proviso in that respect
in terms of a proviso in that respect.
the trash rooms on the drawings yeah i'm going to the drawings well i don't know if
it's on the drawings but let me see hold on a second
oops let me uh but we can agree to that in the form of a proviso no they're the drawings are
very simplistic um but we did present to the community that is very important to make sure
it that the trash is manageable. So we would agree to in the form of proviso. This is also
going to be part of a condominium. So it's, again, two separate sets of unit owners, and we wanted to
have responsible form of ownership. I'm sorry, can I just do a quick audio check for the chair,
please? Can you hear me now? Yes, chair. Thank you so kindly. Thank you. Yeah, I had to leave and
come back I've been having problems thank you uh Mr. Notkinson um a couple of questions uh
in the previous years when the board has approved uh you gave a list of the streets are they
apartments or are they condos um I believe every time we we have presented uh they have been condos
so these are the ones I've presented I didn't present all these okay all the ones on North
valley street 1616 and dash 18 north valley street again i don't know if again i lose contact
with my clients after sometimes when after the zoning so i'm not 100 positive that those have
been built yet but that's we asked for it to be condos uh 1611 north 27th street a two unit under
similar circumstances condos and 1633 actually 1620-22 north valley street would be condos and
same thing with 1633-35 North Valley Street. All the North Valley Street are in the same 100 block
as our North 26th Street and it's right behind us. So you'll see from the map. Okay and could
you go to the RCO page where the list the vote was? Yep. Could you make it a little bit larger?
Sure. I'm just going to focus on the numbers so it helps you out. Yeah. So do you see him Mr. Chair?
Yeah, I got it now. Okay.
So there are seven people in support, two people in non-opposition, and 13 people who are not in favor.
Under similar circumstances, this community group has supported it.
So sometimes you get the luck of the draw of who's there at that time.
Understood. And one more. Could you go back to the floor plan?
I was not able to hear what was going on.
Oh, let me just make this a little smaller so I can kind of venture through it.
Can you see it, Mr. Chair?
So you said this is a duplex?
It is a duplex.
So the second and third floor is one unit?
That's correct.
So they're both bi-level units.
Right.
First floor and basement.
So Tom may have asked this.
Again, I was having problems, audio problems.
What's the means of ingress and egress for the basement?
Well, we have an alley in the rear.
That's a common alley.
So it's front and back.
So front for the first floor unit or the bi-level unit.
And in the rear, there is an alley, which is called the court.
the basement section of the first of the first unit oh there's a there's a an egress well right
here which which has an a ladder as well is there a bedroom in the basement yeah there would be a
bedroom in the basement for this unit um that's the way we're configuring it thank you you're
Welcome. All right. Any questions from the board? No. No. No. Anyone else like to testify
in this case, please raise your hand. Chair, we have Assanya. Please unmute yourself and
wait for the chair. Good afternoon, ma'am. Please identify yourself with a record, first
and last name.
Sonia or Sonia, if you wish to testify, please unmute yourself.
If not, we will move on.
chair we have mary jones ms jones you've been please unmute yourself and wait for the chair
Good afternoon, Ms. Jones. Please identify yourself and I'll swear you in.
good afternoon ms jones please identify yourself and i'll swear you in
Good afternoon, Mary Jones, Council President Daryl Clark's office, City Hall, room 494.
We're in the firm to tell the truth, the whole truth, nothing but the truth.
Thank you, ma'am. Please proceed.
Today we'd like to stand with the community's opposition on this particular project.
The applicant has not demonstrated a hardship, and the RCO, they recognize that, you know,
there's been other multifamily housing in the area, but they are just concerned about adding
yet more density and yet another multifamily, and when it was owned, single family.
So we are asking for a denial.
Thank you.
Thank you.
Anyone else to testify? Please raise your hand.
I see no more hands, Chair.
Thank you. Planning Commission?
Good afternoon. David Fecto, City Planning Commission, Mr. Chairman, members of the board.
This property is indicated for residential single-family use in the City's comprehensive plan.
There appears to be one other multifamily dwelling on this block,
and we are aware of two single-family homes that were built on this block in 2019.
There is no unique circumstance that would prevent this property from being used as a single-family home.
We recommend the board deny the requested variance.
Thank you.
To the Planning Commission, do you happen to know what position the Board took, the Planning Commission took,
on the other variance requests that were laid out by Mr. Notkinson?
If you don't, that's fine. I just was curious if you know.
I wish I could get that for you.
If it's back to 2018, we'd have to do a search through our database.
I just thought maybe you had something different.
All right.
And Mr. Chair, Mr. Adelon was trying to get at it.
The uniqueness of this situation is that since COVID, construction costs have gone up over 30% in the city of Philadelphia.
So originally, they were considering having this as a single family.
but due to the construction costs they can't they can't build this they can't afford to do
this on a single family that's why they're looking to put it as a two-unit condominium
understood just give me a second i just lost connection again um excuse me apologize
uh i'd like to recommend to the board that the record be closed and we can discuss
this at our next Wednesday's executive session. Thank you. Sounds good. Sounds good, Frank.
Okay. Calendar number 0116-2301 South Broad Street. The attorney is Ron Patterson.
ron patterson has been promoted to panelists
hi mr patterson can you put your name and address on the record please and spell your last name
good afternoon ronald patterson p-a-t-t-e-r-s-o-n
play harrison law firm 1835 market street philadelphia pa 19103 thank you do you swear
a firm to tell the whole truth and nothing but the truth? Yes, I do. Do you also agree to waive
the reading of the refusal and stipulate to its accuracy? I do. And finally, have you emailed the
exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, plans,
five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, to all of the above. Thank you. You may proceed. Thank you. Are you seeing my screen?
I sure am.
So as you see, this regards Methodist Hospital.
Methodist Hospital, as we know, is part of the Thomas Jefferson University Hospitals.
And I represent Thomas Jefferson University in this matter.
So as you may know, over years, Thomas Jefferson has been undertaking a rebranding of all of its properties.
And it primarily has occurred in the Center City area.
to, you know, appear as more of a campus approach.
And so, you know, I've probably been to the board on some of them.
But as I stated, Methodist is part of Jefferson.
So Jefferson is now focused on rebranding and re-signing Methodist Hospital.
Methodist Hospital. This is a view at Broad and Wolfe, as we know, Broad Street, Broad Street,
This is a view that brought...
and so on, Rittner, and so on. So as we'll see, this application is for all the signs. There are
many, many signs. We're replacing seven signs and installing 31 new signs. Of those signs,
only three require variance relief and we'll get to that in a minute
I'll share and go another document here
Okay. So this is our sign package. We'll skip through this. But as we see through here,
this is, you see we're changing fonts and colors in the position of Thomas Jefferson
to match what you would see uptown. This is the first sign, sign 105, that's subject to
variants you'll see here in the upper right this is the existing sign it has an address here 1300
wolf building we're proposing jefferson with this icon it you know the signs and the refusal as
you'll see we're in the cmx commercial zoning district allows an array of signs this property
fronts on broad street wolf street britner street and 13th street uh and so with all that street
frontage, again, you're allowed a lot of signs. This sign meets the allowable criteria for dimension
and sign area, but because it's above the second floor windowsill, as you know, all signs above the
second floor windowsill predominantly require variance relief. But in reality, we're just
replacing the sign that's been here with no negative impacts and proposing this sign. So
next sign is sign number 131 so page 38 this is the existing sign and this is the proposed sign
illuminated at this point same size same location and our third sign is
This sign here, which this is the Broad Street View facing north, we're proposing to change
this sign to replace it with this sign.
So to the regular eye, you would never know that the signs are being changed.
But again, they're being changed to match what's proposed for the signed branding on the hospital at this point.
We did meet with the South Broad Street Neighborhood Association on February 16th, and there's a letter of support attached to my application.
We've also asked that the amended plan submit it for one of the pages.
It may not be relevant or have any impact.
I'm going to show you in a minute which one it is, if I can get back to it.
This is our plan form that we submitted. Let's see here. Here we go. Can you see that? Or no? No.
As you may know, this property, there's an emergency entrance off of Wolf Street, right
off abroad on Wolf Street.
And you know, it was built many years ago.
This canopy here is at a height where it no longer allows or enables the current ambulances
to drive under.
So we're parking behind us over here and probably on the street as well as you pass it.
So the canopy is going to be raised.
We have the sign proposed on the current canopy.
This is the proposed canopy, which is being raised.
No change to the sign dimension.
It's just going from 9 1⁄2 feet to 14 feet height, still below the bottom of the second floor windowsill.
But I thought I'd know that it's a biorite sign, not really part of this variance, but part of this package.
really part of this variance, but part of this package.
So with that said, Mike Anderson and Jim Wiesenhutter,
beginning with the letter W are here.
And if we could have them admitted briefly.
Hey, Ron, do I need to recuse myself
since I've been born in that hospital?
I don't wanna think I'm getting preferential treatment here.
i don't know we should really take we should take this under advisement i think
i'm gonna miss that word methodist geez
are your clients here from lake or jam are you there
i have unmuted mike okay you have to unmute yourself mike so you can speak
good afternoon sir identify yourself first and last name and i'll swear you in
okay Mr. Patterson I've unmuted Mike and he's not speaking none of your clients have raised
their hands why don't we do this Mike's mic is not working so as an officer of the court we'll
stipulate your clients would have adopted your testimony yes they would have just they would
and I would have asked them to briefly explain what I had just explained about the rebranding
of the hospital but uh i'll just did i hear you say is there a revision
uh there was a revision that i submitted it's a it's a revised uh page um 29
uh dated march 17 2001 just one page of the third of the 52 pages that i submitted
all right ron where's that is that a sign jefferson methodist hospital or is that that's
going away? That is going away. Jefferson Health, it says. Okay. All right. Any questions from the
board? There's one here. Jefferson. No question. Okay. Anyone else like to testify in this case,
please raise your hand. I see no handshake. Thank you. Planning Commission. Good afternoon.
David Fecto, City Planning Commission, Mr. Chairman, members of the Board.
The Comprehensive Plan recommends this property for commercial mixed use.
We do not believe that the addition of these signs to a hospital will negatively impact the block.
We believe these signs represent minimal variances.
We recommend the Board approve the requested variances.
Thank you.
MI 2021-000116, 2301 South Broad Street, my vote is yes.
my vote is yes my vote is yes excuse me chair this is sharon one i'm sorry proviso one page
revised one page uh approved today my vote is yes with proviso yes with proviso yes thank you so
much thank you so much thank you i think we go to number five carol number four was continued
correct? Yes, that is correct. Calendar number 0067, 2538 North 5th Street. The attorney is Rachel Pritzker.
Ms. Pritzker has been promoted to panelist.
Rachel, can you put your name and address on the record, please?
Yes. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia PA 19103.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed an exhibit packet with proof of ownership, tax compliance, photos and or plans,
refusal and referral five days in advance of this hearing and have you met with the RCO
and do you have a letter? Yes. You may proceed. Thank you. Sure. I'll share my screen. This is
2538 North 5th Street. This is a RSA 5 property. It's been vacant for quite some time. There was
some damage to the property and we're proposing to rehab the structure into a four-family
dwelling. This is our application. I just want to highlight for the board that this property
had a history of multifamily use dated back to 1936. That's provided in the packet, the zoning
archives. In addition, we are in alignment with adjacent properties. As you can see here,
most of the properties on this block are multifamily, some of which are around three
units, some five, some six. Again, we're proposing four units, and I'm happy to run through this list.
Again, we're proposing four units, and I'm happy to run through this list of adjacent
properties, but I think the board can get a good idea from this list.
In addition, I just want to show the tax clearance, the deed.
This is the parcel right here.
It's a pretty large RSA 5 lot.
Again, a lot of other properties in the blocker zone multifamily, and there's adjacent RSA
and one nearby. This is a sort of an aerial of North Fifth Street. This is the front of the
building. We're just looking to do an interior renovation of the site. It's been boarded up.
There was extensive damage to this property, and we're looking to completely renovate it for four
families at a more affordable price point. As you can see, as I mentioned, this property has a
history of multifamily. This is from 1936. We met with APM on March 2nd, and we have
a letter of support from them as well, which is included in the packet. They provided that
they were wanting to support our application and that they were supportive of it because
it also is local neighbors revitalizing and remodeling the house that they grew up in
next door to their mom. Here is the certificate of mailing. We also went and got a number of
letters of support from near neighbors as well because there wasn't as much turnout at APM's
meeting as we would have liked. So we got near neighbors as well. 500 West York Street,
2411 North 5th Street, 2536 North 5th, 2429 Reef Street, which is the directly adjacent
street to the rear, 2404 North 5th Street, 2414 North 5th Street, 20, I can't even read
that, so 427 York Street, it looks like, 2361 North, and the list goes on, just a couple
of other directly adjacent near neighbors that all were in support of this project.
I do want to just quickly bring up the plans. Again, this is a rehab. There's no living space
in the basement. A lot of it's already kind of existing that way. We're just adding
sort of updated bedroom, living room, trash storage space, which is important to the community
um in addition to you know adequate living space for you know some nicer quality units
um i think that's a little bit out of the scope of the zoning plans um i have our um
the owner on the line as well um me and mia and clarence uh smith so if they could raise their
hand um would like to have them testify um to adopt my testimony as well good afternoon mr smith
please identify yourself first and last name i'll swear you in hello i am clarence smith
and this is mia smith good afternoon you swear and affirm to tell the truth the whole truth
nothing but the truth yes thank you um clarence and mia have you heard the testimony i gave in
front of the board today yes yes um would you state that it is accurate and would you adopt as
your own yes yes okay is there anything that you guys would like to add that i missed or um if not
i i would be happy to rest my case and take any questions from the board um just that i grew up
in the neighborhood um and my mom has been there for 20 years and um i just look forward to um
fixing and renovating this abandoned house that has just been a sore in the neighborhood for so
long and um there's no better way than just creating affordable housing for the neighborhood
thank you thank you questions from the board no no no anyone else like to testify in this case
please raise your hand mr slone folks please unmute yourself and wait for the chair
good afternoon mr folks i'm not sure if you were on this morning but either way i'll swear you in
identify yourself first please good afternoon chairman de chico it's good to see you
sloan folks um officer councilman maria canada sanchez room 508 city hall
we're confirmed to tell the truth the whole truth nothing but the truth i do the applicants having
received a letter of support from the coordinating rco the councilman's office supports the uh
variance request thank you thank you any other any other uh persons want to testify in this case
thank you any other any other persons want to testify in this case please raise your hand
i see no handshake thank you planning commission good afternoon david fecto city planning commission
mr chairman members of the board the comprehensive plan recommends single-family use for this
property however 1937 the zoning board approved a variance from the open space requirements
for a six-unit dwelling. Since this is a pre-existing use, we recommend that the board
approve the requested variance. Thank you very much. I'm I 2021-0000672538 North 5th Street.
My vote is yes. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you.
thank you calendar number 0114 2723 jefferson street
jerry klein has been promoted to panelists
mr klein can you put your name and address on the record please
certainly uh good afternoon madam vice chair members of the board jared klein from from uh
Blank, Rome, 130 North 18th Street in Philadelphia.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal referral, plans and photos 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 of the above.
You may proceed. Thanks very much. I will share my screen. So 2723 Jefferson Street is actually
it's a double wide lot that extends to 2725 as well and is zoned RSA 5. The application that we
have before the board today is to demolish the existing structure which is a pre-existing
non-conforming use. It was a religious institution that is seeking a new location for their
congregation. So the proposal is to demo that existing structure and erect a new building
that would be used as five residential dwelling units. And the refusals we received were for
height and for the use. I will let the board know that we did meet with the brewery town
Shoreswood Civic and unlike a presentation that you heard just a few cases ago, we did receive
a letter of non-opposition from the attendees at that meeting. Just to orient the board a little
bit to where we are, this is the subject property here. This is Jefferson Street and the Muhammad's
Temple of Islam number 12 is the existing religious institution that is looking to move out of the
space. There have been a variety of multifamily either current uses or approvals in the immediate
area. 1515 North 28th Street, which is approximately located here where you see my mouse, received a
zoning variance at calendar number 33797 for five residential units, which is the same as we're
proposing here. And there are multifamily approvals that exist across the street at
2716 and 2718 Jefferson. 2809 Master Street has an approval for group living that's located down
in this area. And 1403 North 28th Street, which is also in the immediate vicinity, has a four-unit
approval. So there is existing multifamily in the immediate surrounding area. This is the zoning map
the property as you can see our lot is larger than the other rsa5 lots and this this property
here again is the one that was approved for the five unit dwelling that i mentioned earlier
to give us the board a sense of what's existing on the block this is the existing structure here
and it extends down side street here so there's a rear of the property as well so in addition to
two lots front in jefferson it does extend along the block here this is the rear of the existing
structure as you can see the building is not really suitable for adaptive reuse and that is
part of the hardship argument here is that it is a a double wide lot with existing infrastructure
that can't be readily reused for a residential purpose again these are front photos of the
existing site. Here is the zoning site plan. This is a
this is a revised site plan so if the board is inclined to approve this proposal we would ask for
revised site plan. So if the board is inclined to approve
this proposal, we would ask for it.
a proviso a revised plan stamp one page the revisions to this were changing the location
of the pilot house and some of the decking nothing that impacted the zoning refusals in any way
here are the side elevations of the building and some contextual renderings of what the finished
product might look like and contained within the packet of materials i submitted to the board
was the tax clearance you can see here as well as the letter that we sent to the registered
community organization and our certificate of mailing of 182 pieces of mail for that meeting
if the board has any questions we do have the architecture team on the line but at this point
I'll ask Mike Randolph if he might virtually raise his hand so I might have him adopt my testimony.
Mike Randolph, please unmute yourself and please wait for the chair.
Good afternoon, sir. Please identify yourself, your full name.
Yes, Mike Randolph.
Your last name, please.
R-A-N-D-O-L-P-H.
thank you you swear and affirm to tell the truth the whole truth nothing but the truth
yes mr klein thank you mike did you have a chance to listen to the presentation that i just made
to the board yes i did and do you adopt it as true correct in your own testimony yes thank you
very much uh mr chair at this point we would rest but we have the architecture team here to address
any questions the board may have thank you any questions from the board no no
would anyone else like to testify in this case if so please raise your hand
i see no handshare thank you planning commission
good afternoon david effecto city planning commission mr chairman members of the board
the comprehensive plan recommends single-family use for this property there is no history of
multifamily use on this block. There are no unique circumstances of this property that would prevent
it from being used as a single-family home. And in fact, in 2018, 2733 Jefferson received a use
permit for a new single-family home. We recommend the board deny the requested variance. 2733. Is
that a corner property no i don't think so all right uh calendar number mi 2021 does 000114
2723 jefferson street my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes
thank you mr chair i i did want to point out there was a revised plan one page
sorry about that so my vote is yes with proviso one page a revised plan one page
approved today thank you my vote is yes with proviso
yes yes with proviso yes with proviso thanks very much everyone have a great afternoon
thank you calendar number 0135 4710 woodland avenue the attorney is rachel pritzker
Ms. Pritzker has been promoted to panelist.
Thank you.
Hi, Rachel.
Can you put your name and address on the record?
Rachel Pritzker, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or 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?
You may proceed.
Thank you.
Okay. So this is 4710 Woodland Avenue.
This property is zoned CMX2 in front on the 4700 block of Woodland Avenue.
It's a CMX2 property, so we're only here for two-dimensional variances due to sort of the
odd shape and size of the lot and the requirement to put commercial on the ground floor. So we're
basically asking for these numbers will be adjusted by the architect when he comes in.
original proposal was for no rear yard. We are providing a rear yard with the revised plans that
we submitted to the board. Same with the open space. We're asking for a little bit more coverage
given the odd size and shape of the lot. However, we have made some adjustments to the plans the
However, we have made some adjustments to the plans the architect will go over just to orient the board with this block in particular, because it is quite unique.
architect will go over i'm just
This block is sort of this odd triangle. There's less than 10 properties on this block.
And the one we're looking at here is 4710. As you can see, it's a very short lot.
It's the smallest lot on the block besides the corner here, which is also really oddly shaped.
But all these blocks, all these properties sort of go at a slant and then the sort of rear yards vary and the depth of them vary.
So our property is similar to the other properties in that we meet most of the same lot coverage requirements that are existing, not necessarily what's provided for the code.
but given sort of the short depth of the lot, it's very difficult to provide viable commercial
space and livable space above in addition to open space and rear yard space. So that's why we're
requesting a dimensional variances. And again, it's sort of in character with what's already
there on the block end of properties of a similar size. I'm going to go through just briefly.
um again our our lot is extremely small um if we were to you know give up the give the 75 percent
of the open space or sorry the covered space um we would end up with a hardship and that's why
we're providing a little bit more of a viable commercial space and additional multi-family
above um we did meet i'll have our architect come on um to go through the plans and the changes that
we made in conjunction with the community. Here's the tax clearance. Here is the deed.
And again, here is the property. And CMX2. Again, an aerial shot. This is the front of the property.
We wanted to originally utilize the existing structure, but it's not in sound shape. So
it will be demolished in a new structure in its place the existing structure however
does take up 100 of the lot coverage and so a lot of this was modeled off of trying to utilize that
but when we got into it and and met with the structural that was not feasible
given its condition we met with the community on the 24th and again last week and made some
changes also march 10th and made some changes that was the southwest district services they have
sent in a letter of support that you can see on the screen. We had two public meetings and again
made some revisions to the project, which the architect will go through, but they ultimately
voted in support of the project, which was great. So here's a sort of mailing, both of those meetings.
We also got letters of support from near neighbors, I believe one of which will be on this call as
well but um we did get support from those who um live nearby the property as well um with that said
i would just like to bring on our architect zamir um if he could just go through the plans just
specifically addressing the changes that we made um and the sort of increase in um what we're
providing i think that would be great do you see zamir fatina yes zamir please unmute
Hi, good afternoon. My name is Zamir, Z-A-M-I-R. Last name is Garcia, G-A-R-C-I-A.
I will share my screen here.
Frank, you're muted. We can't hear you.
yeah zamir he's gonna have to swear you in yeah are you are you there
is he there rachel zamir or the chairman here zamir um he was um yes um yes carol can you
for him in sure sure that's what i was asking do you swear for him to tell the whole truth
nothing but the truth? Yes, I do. Thank you. Samir, if you could share your screen and go
through the plans, that would be great. Sorry, I'm not seeing a button to share my screen.
It's at the bottom. One moment, please, and I'll promote you to panelists. Okay. Okay. Thank you.
Okay, Zamir has just been promoted to panelists.
Thank you.
Okay, good afternoon.
So as Rachel was stating, we did meet with the...
So, as Rachel was stating, we did meet with the neighborhood group and made some revisions based on our conversations with them.
This is the site, and this is Woodland Avenue, and the-
Can you zoom in a little bit, Samir?
I'm sorry?
Can you zoom in a little bit, please?
It's just hard to see. Thank you.
So, this is the site. This is Woodland Avenue. There's a large sidewalk at the front.
and then there's also an angled edge at the property line there. The site is 16 feet
eight inches wide on the front at the angle and 15 feet eight inches at the back end. 58 feet on
one side and 64 feet on the other. The building height being proposed is 39 feet six inches
and we are looking at the height bonus the seven foot height bonus for the mixed income
but we're only using a small portion of that to get the building up to 39 foot six.
The floor plans as shown here and I will zoom in on the on the ground floor you have the
half of the building is a bi-level commercial space, which goes down to the basement lower
level. There's a light well in the front, which brings light down into that lower level commercial
space. And then the residential entry is off of the first floor on the opposite side of the
commercial entry. And then at the back of the site, there is a bi-level unit, loft unit, which
has the bedroom at the upper level and the living space at the basement level with a large light
well at the back, essentially the rear yard. The property line is right at the end of the light
well wall. And then as you go upstairs on the second floor, you have a full flat with two
bedrooms and then on the third floor there is a two-bedroom that's split into
bi-level as well there's a mezzanine up on top of the first of the third floor living space
and a roof deck off of the mezzanine. Some of the revisions that were made based on our
conversation with the neighborhood group we pulled the building back further away from the
rear property line it is currently four foot six to the back wall from the property line
and we have also removed some of the exterior terraces
and then we also on the third floor on the mezzanine level the roof deck we pulled back
the size of the roof deck to minimize the height of the building so I'll go here to the
This is the front elevation and then the back elevation. As you can see here from
the ground floor this is below grade. From the ground floor you have one
terrace that is off of the second floor and then the roof terrace off for the
for the top unit sits back further. So essentially stepping back the the
building as you go up in height. So at the backyard you're really only reading three-story
kind of with a short story at the top. And then here are some renderings of the front
off of Woodland Avenue. The front rendering you can see we're trying to maintain height with the
existing adjacent buildings um not trying to overpower anything there and um there's a
this is a view of the light well at the front of the building connecting the
street level down to the second floor of the or the lower floor of the commercial space
thank you
um i'm happy to kind of conclude at at this point again the odd shape and size of the lot
and the requirement to put commercial is sort of why we're asking for some dimensional relief
again we have support from the community and and uh the near neighbor who i believe is um
on the call as well to speak and support but happy to take any questions that the board may have
thank you any questions from the board no no no no anyone else would like to testify
no no no anyone else would like to testify in this case if so please raise your hand
we have like excuse me we have someone by the name of brown please unmute yourself and wait
for the chair
yes good afternoon ma'am please identify yourself first and last name
Aisha Brown
And you swear and affirm to tell the truth
the whole truth nothing but the truth
Yes I do
Please proceed ma'am
Hi I just wanted to say that
I am the owner of the property that's
adjacent that will be adjacent to
this development project
and I am
100% want to support this project. Thank you very much. Anyone else to testify?
Andrew Goodman, please unmute yourself and wait for the chair. Good afternoon Mr. Goodman,
please identify yourself for the record and I'll square you in. Good afternoon. Andrew Goodman,
A-N-D-R-E-W
G-O-O-D-M-A-N
Office of Third District Councilmember
Jamie Gaudier
The whole truth, nothing but the truth
Yes, I do
Thank you, sir. Please proceed
Thank you, Mr. Chair
Members of the Board, the Councilmember has
no opposition to the variance application
being presented this afternoon
Thank you again
Anyone else?
Chairman, if I just could have my clients
adopt my testimony
You should see an Andrew Yeager, Fatina.
All right, I've unmuted you. Excuse me. I've unmuted someone by the name of Tyler Small.
Mr. Small, please identify yourself for the record. Spell your first name and last name.
First name, Tyler, T-Y-L-E-R.
Last name, Small, S-M-A-L-L.
Do you swear in front of me to tell the truth,
the whole truth, nothing but the truth?
Yes, I do.
Thank you, Ms. Pritzker.
Tyler, have you heard my testimony today
and do you adopt as accurate in your own?
Thank you.
I think with that, Chairman, we conclude.
And again, happy to take any additional questions
that the board may have.
Thank you.
Are there any questions from the board?
Planning Commission. Good afternoon. David Fecto, City Planning Commission. Mr. Chairman, members of the board, the comprehensive plan recommends this property for commercial mixed use. We believe these are the minimal variances required to use this property. We recommend the board approve the requested variances.
thank you mi 2021 does 000135 4710 woodland avenue my vote is is there a revised plan or no
yes there is one page okay my vote is yes with the proviso revised plan one page approved today
my vote is just with proviso yes with proviso yes with proviso yes with proviso yes with proviso
four are all Allen
Knockensum's cases. They're all together.
We're going to jump
to last case, number 12,
and then come back to Allen's cases.
Okay, cool.
Calendar number 0382,
720 Mountain Street.
The attorney is Henry Clinton.
Non-controversial,
so we'll get that out of the way and then go back.
Mr. Clinton has been promoted
to panelist.
Hi, Mr. Clinton. Can you put your name and address on the record?
Sure. Henry Clinton, C-L-I-N-T-O-N, Queen Memorial Building, 1313 South 33rd Street,
FWPA 19146. And you've already been sworn in, but do you agree to wait the reading of the
refusal and stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof
of ownership, tax compliance, refusal, referral, photos, and plans five days in advance of this
hearing and have you met with the RCO and do you have a letter? Yes to all the above but today I
just sent a letter of support in because we just got it recently. Okay thank you you may proceed
and yes you may share your screen.
Is that large enough to see? Yes. Well for me it is. All right all right good afternoon Mr. Chairman
all right all right good afternoon mr chairman members of the board
member of the board, Henry Clinton for the applicant.
henry clinton for the applicant monique de clerico who is on the line with us this is my
exhibit package for presentation today exhibits aa through a10 i'll walk through each one
appearance statement refusal uh refusal is for rear yard and for open space but this is an
existing non-conforming use simply what we're doing is putting an addition on the rear of the
property above a first floor addition so the first floor addition becomes two-story rather than one
we're using the same foundation and we're using the same exterior walls of the existing rear
addition and there's also and I will show you when we get some aerial photographs there's also a small
addition in the alleyway off the living room which is one story and that's simply just going
to be replaced. So we're basically taking something that's existing and adding on to
the second floor in the rear. We did meet with the RCO East Passion Crossing
and they have given us unanimous support of this project.
photographs just to give you some perspective this is uh 720 right here and you can see
this is a one-story addition it's a it's a black roof it's not a yard it's actually the top of the
first floor this is the adjacent neighbor who already has the addition out and we're going back
almost as far as that addition and then as i get to the next photograph
give you more perspective again you can see that here's the one-story addition and there's the home
next to it this is a photograph looking east it's my client's property 718 mountain so we're
basically going to go on top of the first floor bring it up to the same height as the house next
door another perspective you may see a little building here in the back it's a first floor
addition above the air conditioner and that's just going to be replaced we're not going up two
stories we're staying exactly on the same footprint another perspective shot to show you that there's
no alleyway at all along this the back of the homes on on morris and on mountain street
the plans is the front of the property 720 this is the rear again this is going to be redone the
first floor, but we're going to keep the walls and the foundation. Second floor will be added.
This is the view of the little alleyway that's now closed up. It is one floor, excuse me,
one-story addition. We're going to have a window put in the side alleyway. The top-down view,
again, we're going to use the same footprint for both structures, not enlarging it and not
going beyond the existing depth of the yard.
Floor plan, the purpose for this addition is Monique and her family have been in this
property for years, for decades, and they love the neighborhood, they want to stay in
the neighborhood, and they want to enlarge their kitchen on the first floor, redo the
kitchen rather, and enlarge it.
Then on the second floor, they're going to add a bedroom, which will be the addition on the second floor.
The rest of the documents are the pro forma documents, the deed, the tax certification, our application,
and the zoning map indicating that this property is in the middle of the block, and it is an RSA 5 zoning designation.
I have Monique on the line with me if there are no questions from the board.
But basically, we are not enlarging this property at all.
We're just going up one story.
There's already an existing two-story structure to the east of us.
And there are other additional two-story structures on the block.
So we see this as being in harmony with the code.
It's a way for a longtime resident to expand the use of the property, to stay in the neighborhood.
and we also believe it's in harmony
with what the community group has asked for
or will support rather.
And with that, I would rest
and if there's any questions from the board,
I certainly will entertain them.
If not, I'll ask my client to without my testimony.
Thank you.
Please have your client come on
and then we'll ask the board.
Mr. Clerico, can you be unmuted
and participate in this call?
I'm sorry. Your client doesn't have their hand raised. What is the name again?
Monique DiClerico, E-E-C-L-E-R-I-C-O.
Monique Eclerico, E-E-C-L-E-R-I-C-O.
Yes, she is.
Thank you.
Mr. DiClerico, please identify yourself.
Spell your first and last name, please.
Monique DiClerico, M-O-N-I-Q-U-E, D-E, capital C-L-E-R-I-C-O.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you.
Mr. Clinton?
Mr. Clerico, were you on the Zoom call when I presented this project for your property?
Yes, I was.
And if you had the opportunity to testify, would you adopt my testimony as your own and deem it true and correct?
Yes, I would.
Thank you very much.
Thank you. Any questions from the board?
Would anyone else like to testify in this case? If so, please raise your hand.
i see no hands chair thank you planning commission good afternoon david effecto city planning
commission mr chairman members of the board the comprehensive plan recommends this property for
single-family use the proposal will maintain the property as a single-family home these variances
represent the minimum requested to enable sorry the minimum required to enable the applicant to
use their property. We recommend that the board approve the requested variances. Thank you. MI
2021-000382-720 Mountain Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes.
Thank you very much. I'm going to call all the cases together. Calendar number 2606-726 North
Shedwick Street, calendar number 2557-728-North Shedwick Street, calendar number 2558-730-North
Shedwick Street, and calendar number 732-North Shedwick Street. The attorney is Alan Nockamson.
Mr. Nockamson has been promoted to panel.
Hi, Alan. Can you put your name and address on the record and spell your last name?
Sure. Alan Ockamson, A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N, address 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
You're still under oath. Do you also agree to waive the reading of the refusal and stipulate to their accuracies?
Have you emailed the exhibit packets with proof of ownership, tax compliance, copy of the refusal or referral, photos and or plans of the property five days in advance of this meeting, and have you met with the RCO, and do you have a letter?
Yes, in all respects.
Thank you. You may proceed, and yes, you may share your screen.
Thank you.
Before you ask.
Good afternoon. Again, my name is Alan Ockamson.
I am here to present 726, 728, 730, and 732 North Shedworth Street.
For each of these properties, we're looking to put a two-unit condominium on each of these RSA 5 properties.
You'll see our table of contents includes the deeds of the property, showing that Merit Properties LLC owns the properties.
You'll see the Certificates of Tax Clearance showing that they are in good standing with
the City of Philadelphia. You'll see the Notices of Refusal showing that these are RSA 5 properties,
and we're looking to put a two-unit dwelling in each of them. In addition, in Exhibit 3,
you'll see Zoning Permit Number 1009-115. That's a zoning permit to allow for a two-unit
uh dwelling under similar circumstances under 64 638 north shedwood street this board approved a
similar variance request on january 22nd 2020 under calendar number 38749 after that you'll
see our applications for appeal to the zoning board adjustment with regards to these pending zoning
matters exhibit five you'll see the zoning map and other maps of the surrounding area exhibit
6 you'll see photos of the front of the property as well as the surrounding area. Exhibit 7 you'll
see the architectural plans and drawings showing these two unit condominium building which is a
bi-level. Unit 1 is on the first level first floor in the lower level and unit 2 is on the second
floor and third floor of this property. And finally exhibit 8 you'll see the correspondence
You'll see the correspondence from the Mantua Civic Association.
from the Mantua Civic Association, you'll see that more people
You'll see that more people voted for and in non-opposition to this project than against this project.
Let me start with the deeds of the property.
Again, you'll see Merit Properties LLC owns them.
We'll quickly go through them.
You'll see for each of these properties.
So Merit Properties purchased essentially each of these properties for $50,000 each.
In addition to my client, Ado Byram, I have Ghaziata7, a licensed realtor in the Commonwealth of Pennsylvania, who will explain why we're asking for this zoning variance, that it is a true undue hardship, given the circumstances and surrounding circumstances of the pandemic.
In addition, just as a little background, if you look at the zoning file for this property, it does not look like this property has had single-family use or any type of residential use since as far back as the 1960s.
It may even be further, but this has had an industrial use.
If you go to that, we're only seeing the...
Oh, yeah. No, I didn't...
Oh, my screen froze, too.
um but um i don't have the zoning file i can screen share i get i can screen share it i just
went on atlas okay yeah no but if you go on atlas for this property 726 north shedwick street you'll
see that there was industrial use since the 1960s um for for each of these properties um but here's
our l and i refusal uh you know for each rsa 5 we're looking to do a two-family household
Not uncommon, the block over, the same board approved similar type of use.
And just as a matter of background, we're in Mantua, like similar to 3801 Brown Street and 3860 Brown Street.
My understanding, you know, for an RSA 5 property this morning, the board approved on two lots, one 1,312 square feet and another 1,200 square feet, approved six units each here.
Our lot size is 825 square feet for 726, 2830, and for 732 is 845 square feet.
So the lot size per unit would be well over 400 square feet per unit.
While earlier this morning, this board approved 3801 Brown Street for six units for 1,312 square feet, which would be, again, more like 220 feet a unit, roundabout, not a mathematician.
And for 3860 Brown Street in the same neighborhood in Mantua, 1,200 square feet, they approved six units at 200.
This, unlike that property, I don't believe that was a condominium.
This is a condominium, which is a form of ownership, which makes it more affordable.
Here's the zoning permit, which shows this two-household living at 638 Shedwick, which
was granted by way of variance.
And here are applications of appeal.
I'll go over that, I mean, we'll go through them quickly, just to show that we filed them
and that we're in front of this board.
And here's a zoning map. So this is Mantua Avenue. This is a commercial corridor that we're next to.
Again, from a planning perspective, it makes sense to have density created in commercial
corridors to help support it. We're also along a bus route, the 31 bus as well,
so it's not uncommon to have multi-family near bus routes as well.
Sorry about that. Photographs of the property is a baking lot.
And you can see from different angles, Mantua, to the right of the property, to the left of the property, our notices, and our architectural plans and drawings.
So again, we're trying to do a brick facade, traditional brick facade, you know, four duplexes.
Now, a little something interesting. We presented before in Mantua. One of the things we heard is about affordability.
How can we do something that makes sense for both the developer, you know, in these times where their construction costs are really rising high and fast, but it's also to prevent gentrification and keep, you know, affordable so people who live in this community can remain in this community.
So from the get-go, one of the things that we did was we proposed that three of the units would be
market rate housing, while the fourth one would be low-income housing. And we would use the
guidelines that are with the City of Philadelphia in terms of the zoning bonus.
So, you know, here's our floor plans.
So, you know, here's our floor plans.
Oops, whoa, I don't know what happened there, sorry.
Oh, Jesus, hold on.
Let me just go back to technical difficulties.
Floor plans, you know, each of the units or each of the buildings are the same, open floor plan.
You have a living room, kitchen, bedroom, and then you have a family room down there with a bathroom.
That's unit number one.
Unit number two, which is on the second and third floors, you have a living room, kitchen, bedroom, then two bedrooms up top, and a bathroom, or two bathrooms.
And then we met with the Mantua Civic Association.
And then these were, you know, their concerns was that...
Can you launch that?
Oh, yeah, sure.
Is that better?
One more.
Oh, one more?
All right.
Better?
uh yeah just scroll down so we can read it yeah yeah that's good thank you yeah so three three
issues parking congestion on the extremely narrow street again we're right next to mantua avenue
so our goal is twofold given that we're near the you know the 31 that you know we anticipate that
people would be using public transportation also supporting the commercial corridor uh we also did
take pictures during various times of the day um i don't know why it's not in our presentation packet
But like, you know, I asked my clients to take pictures, you know, at five o'clock and, you know, you know, as an officer of the court, I'll tell you that I saw those pictures.
There were there was sufficient parking there.
Affordable rents.
Sorry.
We did say as we as we indicated, 25 percent of the rentals will be affordable.
We're looking to do the low income affordable rates that are within the zoning code of Philadelphia.
And we would agree to a proviso in that respect and the deed restriction.
And then the roof decks, they were just concerned that, you know, it was only accessible to the top unit.
But as we indicated, it's not uncommon to have, especially these two unit condominiums, the lower level, the first floor level would have access to the rear yard.
And then the second unit, the upper level unit, would have access to a roof deck.
We indicated that we would agree to reasonable rules and regulations within even the condominium documents to make sure that, you know, they were not considered a nuisance.
So if you look at it, and, you know, I just take issue in terms of opposition, because if you look at it, there were 14 people that attended the meeting.
Four people voted in support.
Six people opposed it.
Three people voted in non-opposition.
And then one person abstained. I don't know if it's maybe the, I think with Mantua, the head of the organization usually abstains. And that's why I think that's where we have the abstain. But seven people either supported it or a non-opposition and six people opposed it.
and then it's a letter for each one's the same
you know it's the same thing so and then we have the you know the letters showing you know i mean
you know proof that we sent notice to the community and things like that um so with that
is it safe to say sorry for the interruption that the opposition based on your knowledge
is a result of some of the questions and or concerns that were raised about parking and
whatever the other issues were in one of your other slides the the three issues parking deck
and um what was the third thing
it was parking the deck
oh no it wasn't an issue it's just something that was just affordability which is a good thing
right you know one of the things i i indicated to the community because i presented before
Mantua was like they wanted to have an affordability component. I thought that this would be a model
for Mantua going forward where you have a developer who's looking for variants, you know, in the
neighborhood to actually set aside a certain amount of units as affordable. Like last week
when I presented in Kensington, if you may remember, we had 132 unit apartment building.
we set aside 16 of the units for affordable housing and both the CDR as well as the community
really embraced that as well. So our office is trying to really push our clients when possible
to provide an affordability package. And in here, we are allowed four units, right?
One on each property. What we said to the community is, okay, we would like four additional units
And it's just dollars and cents. We cannot build single-family homes based on what the construction costs are.
single-family homes based on what the what the construction costs are it's just an unfortunate
fortunate circumstance and i'll have god's gotta seven speak to that so in terms of those four
additional units we said we would give two units back to the community in terms of affordable
housing and we would give two units and we would ask for two additional units for ourselves
um and you know i i think that's why we have more people in support and in non-opposition than
and against. Now, with that being said, you know, the council member's office did reach out to us.
This was originally scheduled for a hearing, and we were asked to postpone the hearing so we can
meet with members of the immediate, you know, area. So with Andrew Goodman's assistance, we did
schedule a meeting with, I believe, some people, but not all, and that's where we take issue with
this um we had you know we set up a meeting and it seemed to me like our understanding was that
the people in shedwick had issues or concerns about this project we i always am willing to
work with the community and understand and try to compromise when when when possible ultimately we
met like some of the members in that in that meeting one of which was most of them i understood
them they were living on north 35th street and not on shedwick and even one of them owned but
didn't even live there anymore but ultimately what i got from it is that they don't want anything
built there like it's been a vacant lot for a generation and it's not like i said if you look
at the zoning history it's been industrial and they admit that it's been industrial previous to
it being a vacant lot and they just like the open space and that's all they want there and i i don't
think that's reasonable under circumstances. You know, there is a responsible use, and we're hoping
that this board sees that. So with that, I'd like to have my client adopt my testimony. I also would
like to have Ghaziada Seven, a licensed realtor, and who has experience in acquisitions and
development speak in terms of the due hardship. So Mr. Byram, can you virtually raise your hand?
I have someone by the last name of Taz.
That may be him.
You're unmuted sir, please unmute yourself and please wait for the chair.
I am here, Arif Bayram Taz.
Sir, please identify yourself.
Spell your first and last name.
A-R-I-F-T-A-S
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Hello?
Thank you. Mr. Notkinson?
Yeah. Mr. Byram, you heard everything I stated today.
Did you hear everything I stated today, Mr. Byram?
And is it true and correct?
Yes. And given the opportunity, well, do you adopt it as your own testimony?
Yes. Okay, thank you. I also would like to have Ghazi Ada-Seven speak. Mr. Ada-Seven,
can you virtually raise your hand?
You may unmute yourself, sir, and please wait for the chair.
good afternoon sir please identify yourself for the record first and last name and spell your name
hi mr chairman i'm a member of the board my name is gazi g-a-z-i last name is era seven
a-t-a-s-e-v-e-n um where the firm to tell the truth the whole truth nothing but the truth
i do thank you mr notkinson yeah mr r7 uh can you in a narrative form uh state to the board
your experience in real estate? Yes, I worked in construction and development company for three
years and acquisition and the construction management and preparing the older project
for the construction phase. And also for the five years, I'm a licensed real estate agent
in Pennsylvania and New Jersey. I have the construction background and the real estate
background both and during your and during your years in real estate um how many uh real estate
development projects have you been involved with from the acquisition to the development phase
uh i can say over 100. okay uh and and you've reviewed uh the merits of the project at 7 26 28
830 and 32 North Shedwick.
Yes, I did.
Is it feasible to build a single family home given how much, given the current environment we're in?
Is it feasible to build a single family home?
I think they are not, I'm talking about whole project because the, I mean, everyone, you know, complained about the construction went up almost 35 to 50 percent.
The lumber went up almost 100 percent and then all the materials went up almost 35 to 50 percent.
And it could have been built almost 200 range as a single family.
Now it's almost 250, maybe a little more.
So it's not easy to, I mean, build single family in terms of in that area, in terms of the sales price, which will be about a 350 range.
So we have a 350.
Oh, I'm hearing it's a 350 sales price, right?
If there were single families.
And then you have the construction costs, $250,000 or potentially even more, right?
Yes, because the lot size is about 800, 75% when you use it, it's going to be 2,400, 2,500 square feet.
Even you easily calculate $100 per square feet, which may not be possible under these circumstances, it may go up a little bit.
You have to add in acquisition costs.
that's right so and 50 50 000 per lot that's right and then transfer taxes right yes and
agent fees and it's going to be about at least seven percent for the closing costs for the
seller it's going to be about in 40 i mean 35 to 40 000 easily and then carrying costs and
interest on the construction loan yeah i didn't even count that yes i didn't even count the
carrying costs which we are about to getting the lending uh probably it's going to be 20 000 each
home for interest rate. That's right. So in your professional opinion, it's not feasible
at this current moment to build single-family homes on these lots, given the price? Not at all.
Yep. All right. Thank you. I have no further questions. Counselor? Yes. Can your realtor
tell us what the AMI is in that neighborhood, the percentage?
I actually do have that information myself.
Let's see.
I did have it.
So the average income of an individual, according to the census,
is $27,302 for that part of Mantua or Philadelphia. So I believe that the 50% AMI that would be the
low-income housing would be just about there. I think it's like $33,000. I don't know if
Ms. Amazon's on the line with me, but that's one of her expertise is that we've dealt with AMI and
low-income housing across the board in the city of Philadelphia because we take it very seriously.
We want to make sure that it's true affordability. So hold on a second. Let me unshare my screen
and let me see if I can find like what the actual AMI is.
Let me see, hold on a second, I know we did another project so I can kind of just go off
of those numbers.
But it's a little over $27,000 is the average income in the Manchuwe area, at least according
to my notes.
so you're going to rent your units at what percentage oh no they're going to these these
for sale you're going to sell them at what percentage um they're selling at 50 AMI 50
that's right that's that's low income housing according to the zoning codes
do you fill out the uh the uh city form for uh change in density for your project
So we unfortunately cannot because this is an RSA 5 property. We would agree to some type of
deed restriction as well as some type of proviso that's within the zoning permit that we would
have to fill out whatever similar type of forms under the circumstances. But because this is an
RSA 5 property, we couldn't do it. Excuse me, this is Sharon Sletta. First of all, I'm not sure
i'm first of all i'm not sure that affordability is within the purview of the zoning board
that affordability is within the purview.
i'm not sure it's a something that they can consider or add a proviso
nonetheless should there be a proviso at it i think there should be a significant delay at
least 30 days for the applicant to work with the planning commission on the specific language
language of the deed restriction and with um hell and i to confirm that it is enforceable
alan you'll understand that's a question that the board started discussing as recent as today
because we want to make sure that you know all parties are covered and that uh whatever we do
is enforceable oh and i agree too i mean as you know i'm a pretty i'm a straight shooter i'm not
going to say something and I want my clients to be held accountable to make sure that they do the
right thing as well and any successors in interest so I completely agree with you I would want to
make sure we do things the right way as well to make sure it's enforceable against you know my
client and successors. Sharon are you suggesting we hold a vote? Yes that that there be a
a second hearing scheduled at least 30 days from now,
that in the meantime, Mr. Nockamson be directed
to work with the Planning Commission and L&I
on the language of any deed restriction,
and that they'd be very specific about the kind of,
the level of affordability that's being provided
and the duration of the deed restriction.
Yeah, and we have no objection to working with the Planning Commission to actually have the deed restriction at the time of the hearing.
So it's introducing the record, so there's no doubt of what we're doing.
So I'm more than happy to work with the Planning Commission, preparing whatever deed restriction there is, and introducing it as an exhibit.
And if possible, to have that as a proviso, that that deed would be the one that would be recorded against the property.
Again, it's one of the properties. There's four properties. We're proposing to have one of the properties as an affordable housing property under low-income AMI of 50%.
Mr. Nockmson, is there any alternative way of doing this, of entering into a community benefits agreement that allows for this, rather than having the zoning board at it?
Because, again, I am concerned that this is not within the jurisdiction of the zoning board.
Well, unfortunately, I haven't gotten much support.
And Mr. Goodman, I don't want to speak for Mr. Goodman.
Sadly, I don't think their position is in favor of this project.
You know, that's their position.
Our position is like we're trying to do something that where we've heard time and time again in Mantua that there's an affordability issue.
And we're trying to make it so that when we do ask for a variance or there's enough units, right, not that, you know, dimensional, but there's enough units and it makes sense.
We are trying to push our clients to do that.
So I don't want to speak for Mr. Goodman, but we would be we'd be more than happy to do a community benefits agreement.
Why don't we get Mr. Goodman on, get his testimony.
I have a question or two for Mr. Goodman.
Mr. Goodman, please unmute yourself and wait for the chair, please.
yeah again mr goodman please identify yourself you're all you're still under oath from earlier
good afternoon andrew goodman a-n-d-r-e-w-g-o-o-d-m-a-n office of third district council
member jamie gaudier mr goodman you express your the opinion of your office and then i have a
question or two for you sure yes the council member opposes the variance is requested for these uh
address is on the 700 block of North Shedwick Street. I can kind of heavily, heavily condense
our testimony. There's multiple items we'd like to address, but in short, and we also understand
that there are, I believe, there are residents from the 700 block also on the line today, so I
don't want to speak for near neighbors, but our opposition is on the grounds of the burdens that
the use variants would place on a skinny block such as North Shedwick Street, which is, you know,
especially skinny and smaller than most of the other RSA 5 blocks zoned in the Mantua neighborhood
that Councillor referenced already. We're certainly open to the conversation, and we agree that
affordable housing is certainly an important issue, especially neighborhoods like Mantua,
but we want to make sure that the density is appropriate for the context.
Well, again, I hear what you're saying. I'm just wondering, and you may not have the answer,
in light of the conversation that's just been going on about the affordable housing
and some of the issues that this board would need to take into consideration
this board would need to take into consideration whether or not, if the board were to approve this with those deed restrictions, is it even enforceable?
whether or not if the board were to approve this.
So I guess where I'm going is, I hate to keep continuing things, but since I looked at the vote, which to me was pretty much dead even,
And depending if you count non-opposition as we normally look at it, non-opposition almost as a support to dead-even vote from the Mantua folks.
Do you think there's an opportunity to have further consideration given that Mr. Nockamson and apparently on behalf of his client might be able to figure out a way of getting some affordable units out of this development, low-income housing units?
right right and again maybe an opportunity here is what i'm saying that
you know may justify support at some point may may not i just don't know
right yeah no and i and again i don't want to speak for other constituents who very well might
be on the might be on the line so i don't want to be kind of a proxy for their testimony as well but
you know the the counselor's the counselor's testimony about the follow-up meeting you know
we did, you know, help connect him with a neighbor on North Shedwick Street who helped
schedule a second meeting to see if a resolution could be reached. I cannot corroborate the
assertions that it wasn't, in fact, residents who were at that meeting. We have every reason to
believe that the majority of attendees were near neighbors. And we also disagree with the claim
that neighbors don't want anything built there. That's not our understanding. We just understand
that a resolution was not able to be reached and it's not always possible.
But you would agree that, and correct me if I'm wrong, that in light of this recent conversation,
as it speaks to affordability, that that might be something of interest to the community.
Maybe not. I mean, we'll hear from them. They're hearing this probably for the first time as well.
I'm just wondering if it makes sense to have a further conversation.
Right, and I'll let any Shedwick Street neighbors certainly testify if they're here.
I certainly can speak for the community association as a whole in Mantua,
that affordability is a big issue for them,
and we're actively working with them on different approaches and solutions to that problem.
This could be another one of those opportunities.
That's all I'm saying.
All right, thank you.
Anyone else?
I'm sorry, before the board, did the board have any more questions?
Is there anyone else you would like?
I'm sorry.
We have Danielle Jones.
Please unmute yourself and wait for the chair.
Hello?
Hello.
Hi, ma'am.
Please spell your full name.
My name is Danielle Jones.
D-A-N as in Nancy.
Y-E-L Jones.
J-O-N-E-S.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Thank you, please proceed.
So I live right next to these properties.
I live at 724 North Shedwick Street.
I've been at all meetings
for these particular properties,
just as the record had shown when we met with the RCO,
It was 6436 opposed for in favor, and then there were the other ones that were, that just didn't go, that did not go.
We had the follow-up meeting with Alan and the developers.
The neighbors that were there were all people that are active in this particular block.
and there was still opposition. It is untrue that we don't want anything built in that space.
This neighborhood is zoned for single family and we had expressed that if we were, if you're going
to build, please build single family residences. This is a very narrow street. The street is 15
feet six inches wide having the density of eight families on the corner makes no sense in this
particular in this particular area when um the commercial corridor is on mantua and you know
And, you know, it's real, there are no businesses or anything like that. It's just a wider, much more active street that we're not talking about, you know, commerce or anything like that happening in that particular area.
it's real there there there are no businesses or anything like that it's
So, you know, at 5 o'clock, it's jammed up with traffic.
At 6.30, 7 a.m., jammed up with traffic because we're right there at the corner of 34th and Mantua, right at the base of the 34th Street Bridge, very crowded.
So we don't really have very many parking options because that was one of the things that the residents were concerned about because there is barely any parking on Shedwick as it is.
People have to kind of pull up on the sidewalk to, you know, make clearance for the street as it is.
So, you know, bringing that much more people on that corner doesn't make any sense.
There are no supporting amenities in this particular neighborhood right at the moment.
So, again, anybody that you bring in more than likely will have a car.
As far as a bus route that is on the street, it's the 38 bus.
That's over here, not the 31.
And that bus stop is, you know, on the corner of 34th and Mantua.
So, you know, that could be a potential option for transportation for someone, but it's not likely that it will be, you know, for as many people as they're necessarily trying to bring in, you know, on that corner.
It just doesn't make any, it just, the density right there doesn't make sense.
And the neighborhood just did not support it.
Thank you.
anyone else i see no handshare your planning commission
good afternoon david effecto city planning commission mr chairman members of the board
the comprehensive plan recommends these properties for single-family use the zoning dates back to
2018. this is a narrow street containing single-family homes we are not aware of any
multi-family homes on the block. There are no unique circumstances of these lots that would
prevent them from being used as single-family homes. We recommend the board deny the requested
variances. Okay. Yeah, Mr. Chair, I would just indicate maybe not this block, but the next block
over, 638 North Shedwick, there is a two-family that this board did approve in 2020.
Thank you.
6-1-1, 7-3-2 North Shedwick.
My vote is no on all four.
My vote is no on all four.
No to all.
No to all.
No to all.
Thank you.
Thank you.
It is now 4-0-7.
I think that completes the two o'clock list.
It does.
okay so we'll come back in uh i don't know what time is it uh 4 20 okay 4 20 p.m okay thank you
everyone are we ready uh yes recording has been done okay thank you and uh fatina
yes chair i'm here ready yes okay thank you good afternoon everyone my name is frank de chico i'm
the chair of the zoning board of adjustment i'll be participating in today's hearing along with
our vice chair ms carol tenere board secretary confessor plaza and board members mr thomas
holloman and mr james snell board administrator fatina l and our board attorney ms sharon saletta
are also in attendance. For those of you who haven't yet participated in one of our virtual
hearings, I'll go through some of the basics of what you can expect. First, we will be administering
oaths to individual participants prior to their testimony. Second, we'd like to advise everyone
that this proceeding is being recorded and that by participating you acknowledge your agreement
and that by participating, you acknowledge your agreement to be recorded,
to be recorded and that the recording
and that the recording will be available to the public on the web or otherwise.
Third, for anyone participating by phone, if you wish to testify,
you must raise your hand by hitting star 9 and then star 6 to unmute yourself.
I'll repeat.
For anyone participating by phone, if you wish to testify,
you must raise your hand by hitting star 9 and then star 6 to unmute yourself.
Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address
and the address of the property at issue. To enter an appearance statement, call Google
267-270-5548 and leave your email address and the address of the property at issue and I'd like
to remind everyone please do not attempt to testify in the chat all comments should be
directed to Ms. Fatina L our board administrator and with that I will now read off a list of cases
that have been requested to be continued. MI 2020-001534, 105 North Felton Street.
MI 2020-000214, 1825 East Pacific Street. MI 2020-002851, 2421 Masher Street.
MI 2020-001-224 2740 C Street as in the letter C MI 2020-001-864 3015 West York Street if there
is anyone who disagrees with the any of those cases that have been read into the record
as being continued please raise your hand at this time chair the last number is um one eight four
six not one eight six four i have it at six four on my sheet oh and mine is four six okay
all right so mi 2020 does zero zero one eight four six yes three zero fifteen west york street
is continued. Yes. Again, anyone who disagrees with any of those continuances that have been
read into the record, please raise your hand. If not, is there anyone who is requesting a
continuance or withdrawal, please raise your hand at this
I see no handshare.
Okay, thank you. So Carol, we can begin.
Calendar number 2953 1344 West York Street. The attorney is
Vernon Anastasio.
Mr. Anastasio, can you put your name and address on the record, please?
Yes, thank you, Madam Vice Chair.
Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, PA-19107, and that's A-N-A-S-T-A-S-I-O.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to wave the reading of refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral,
photos under plans five days in advance of this hearing, and have you met with the RCO?
Do you have a letter? Yes to all of that. Okay, you may proceed.
Thank you. May I please share my screen? Yes, you may. Thank you very much.
okay try to make this bigger for you I don't know
well I haven't been able to okay hold on all right
and it all set up and then it gets messed up okay 1344 West York is for application for a group
a medical practitioner on the first floor and a personal care home for 25 units above
the existing structure. This is part of
the existing structure. This is part of the Dropsy, a former Dropsy University campus.
It was a dormitory for all intents and purposes. And what we'd like to do is do a first floor
units where there can be some
off-street services for young people for mental and behavioral health issues.
But above those ground floor units, there would be a space for a personal care home.
I want to make sure that you understand that this is not a refusal.
we're dealing with a referral, so we're just asking for a special exception today.
The allowed uses are not permitted per the refusal, so I think that's pretty important
to understand. We have a lower level of storage, mechanicals. We have food service and laundry
and living space this is common area at the lower level
we then have administrative on the first floor that would deal with the nine to five sort of
walk-ins and then we have the dormitories for this the special care the personal care units
As you can see here, they'd be segregated by gender on either floor.
One side would be for those young folks who identify as male, and the other side would be for young people who identify as female.
There would be, there's a stairway and doors with locks to separate both.
this is the property again it's a former dormitory for a university so it sort of
makes sense uh that this uh property would be used for this kind of use
i'm going to share with you some interior photos
I don't think the deed and or lease is necessary, but the objectives of encouraging Resilience
Incorporated, which would occupy this place, is first to provide a stable housing through
single room occupancy that ensures both physical and emotional safety for youth in the least
environment, maintain a space that promotes community and youth voice, provide participants
with a family-driven care and on-site services to limit gaps, screen and assess immediate needs
of each participant, physical and emotional health, connect to the family, access to resources,
Assign youth and families with case management and developmental transitional plans, individual
services as needed, and that means also therapy.
Promote and facilitate on-site communication and collaboration with resilience trainers.
Provide youth with on-ground schooling, encompassing a student-centered learning approach.
Provide on-site medical health and behavioral health support and treatment as need be.
There will be medical personnel on staff 24-7.
Ms. Michelle Marshall, who's the executive director, is here today, and I'll introduce her in a minute.
As I said, there will be a medical staff on-site at all times.
The hours of operation for the walk-ins is nine to five, you know, seven days a week.
But, of course, above the ground floor is a personal care home for just those residents.
Of course, there'll be about five or six employees for the first and second floors that are dealing with walk-ins.
There will be safety and security staff.
Of course, there will be video surveillance and also security personnel on site at all times.
We met with the community group.
So we met with the community group. The RCO loved the idea of this. Overwhelming support, as you can see here.
The RCO loves.
15, you know, 15 near neighbors attended and 15 supported. One was an abstention because they were
the community leader. We have tax certification, proof of mailing to 106 households. And here's
our flyer that goes out to everybody. And this is just, I think, I believe, and I would purport
that this is a wonderful use for the space. Again, this is a former dormitory on the Dropsy
University campus, and it just makes sense for a community and a neighborhood that could use
some services for youth at Broaden York. With that, I'm going to close and then ask
Ms. Michelle Marshall to raise her hand so she can be nominated to a panelist so I can
swear in, or you can swear in. Thank you. Thank you.
miss marshall please unmute yourself and please wait for the chair
good afternoon miss marshall please identify yourself with the record spell your last name
and i'll swear you in yes m-a-r-s-h-a-l-l first name michelle thank you michelle
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Thank you.
Thank you, Mr. Chair.
Ms. Marshall, did you hear my presentation to the board this afternoon?
And was it true and accurate to the best of your knowledge?
And do you adopt it as your own testimony if need be?
Thank you.
That's all I have, Mr. Chair.
I rest.
Thank you.
Questions from the board?
no no anyone else like to testify in this case if so please raise your hand
i see no handshare thank you planning commission uh this is uh ron bednar city planning
ron please spell your last name and i'll swear you in last name is bednar b-e-d-n-a-r
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Property is indicated for residential use on the city plan.
Given the documented service-related use history, we support the grounding of the special exception.
Thank you.
MI 2020-002953-1344 West York Street.
My vote is yes.
My vote is yes.
My vote is yes.
my vote is yes my vote is yes thank you all have a good evening
thank you thank you calendar number zero zero two eight one three six six anchor street
anyone here for one three six six anchor street is there anyone
i see no handshare thank you and this was a must be heard mi 2020-0000281366 anchor street my vote
is to dismiss my vote is to dismiss dismiss dismiss dismiss
Dismiss.
Calendar number 1528-1806-West-Ontario.
Good afternoon Chairman DiCicco, members of the board, Oleg Sokolov on behalf of the
applicant let's talk trash lp that's please spell your first and last name sure that's oleg o-l-e-g
sokolov s-o-k-o-l-o-v address is 1700 market street suite 1005 philadelphia pa 19103
you do you swear and affirm to tell the truth the whole truth nothing but the truth
I have a notation.
Did you submit your exhibits?
Chairman, my
Chairman, my submission was sent by me, however, not received by the board last week.
submission was
sent by
I was traveling, and it's fully mea culpa that it wasn't received, as I didn't notice that the outbox just didn't send.
However, I attempted to rectify the situation and sent everything in this morning,
and I would plead with the board to please overlook this issue and allow us to proceed with the case.
I believe this occurred in the past, hasn't it?
It has.
We didn't have time to go through these exhibits
so we're gonna have to continue this case.
MI 2020-001-528-1806 West Ontario.
This case will be continued.
Carol?
yes i think that is just about it um okay just a second sharon uh on the printout i had earlier
uh was this just an error it said uh 1528 west ontario it's the same case we just called correct
well the calendar number is 1528
you know what it is there's no separation so i'm looking at it as an address my mistake
sorry about that sorry all right so that can that completes the 330 list yes sure could we
could we um just announce ask whether anyone is in attendance who is waiting for a case they
it was not called promoted thank you anyone who is waiting for a case that has not yet been called
or not been called please raise your hand. I see no hands chair. That concludes our
hearings for today. Thank you again everyone. Thank you again for the folks behind the scenes
and make this all happen. Thank you. Thank you. Have a good night everyone. Thank you everyone.
Thank you so kindly oh you're welcome DPZ Zoom thank you for everything you did as well
you're welcome no problem thank you thank you Bill have a good evening thank you Tanya thank
you everyone thanks for keeping me in line you're amazing you know it's amazing after I don't do it