ZBA Hearing - March 17, 2021

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

name?

Yes.

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?

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? 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?

Yeah.

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?

Yes.

Now go to the block.

Okay.

Yeah.

Hold on.

Let me just see which one.

Okay.

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.

Yes.

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?

Yes

Okay, can you swear him in, please?

I think the chair is distracted

Okay

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?

Yes.

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