Thank you.
Thank you.
okay mr plaza we're ready to go forward thank you good morning everyone my name is confessor plaza
and i'll be the acting chair for this morning zoning here along with me our board members
Thomas Holloman and James Snell. Also here with us, our board administrator is Tanya Sunkit and
board attorney Sharon Saleta are also in attendance. Before we begin, I'd like to note
the following changes related to the virtual format. First, please be advised that proceeding
is being recorded and that by participating, you acknowledge your agreement to be recorded.
Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses
identify themselves prior to speaking or testifying.
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.
Before calling the first cases today, we'll hear any requests for continuance.
If you are asking that a case listed for today be continued, please brace your hand now.
Before we begin, I would like to read some of the continuance from our continuance list.
First one up is MI2020-003442-1677 Falk Road Street.
It's continued.
Next one up is MI 2020-003-418-3108 West York Street is being continued MI 2020-001165-4249
Cotman Avenue is also being continued. Okay, this one here, we haven't received any exhibits.
Calendar number MI 2020-003393-505 North Allison Street is being continued for no exhibits.
calendar number MI 2020-000-203-5386-2 Avenue is being continued for no exhibits.
Does anyone here that feels that any of these cases was called in error,
please raise your hand and come forward now.
Excuse me, confessor, this is Sharon Saleta.
just to be clear um 5386 chew avenue they did submit exhibits but not until 4 30 yesterday
yesterday yeah they were five do five days prior to this hearing yep thank you you're welcome thank
Thank you.
Excuse me, hold on a second.
All right, Mr. Plaza, we have Zen Jin. I will allow him to speak.
Thank you.
good morning um morning mr jim can you please identify yourself for the record
sure zhen jen z-h-e-n j-i-n 1617 john f kennedy boulevard suite 1838 philadelphia pa 19103 here
on behalf of the applicant for cotman avenue um i just wanted to ask that do you swear and affirm
to tell the truth the whole truth for nothing but the truth i do thank you thank you i did ask
I do. Thank you. Thank you. I did ask for continuance for Cotman Avenue, but
for continuance for Cotman Avenue, but
if we can have it as attorney moving party, please, because we are waiting on license and
inspection to get back with amended refusal. No problem. Attorney moving party. So MI 2020-0011-65-4249
will be Cotman Avenue will be attorney moving party. Thank you very much. You're welcome.
There is no other hand at this time, Mr. Plaza.
Okay, thank you very much.
So with that said, we'll begin calendar number MI 2020-003234-1115 Brandywine Street.
i have promoted mr justin crick to a panelist thank you
mr creek good morning sir can you please identify yourself for the record
Yes, Justin Crick, K-R-I-K. My address is 1500 John F. Kennedy Boulevard, Suite 630, Philadelphia PA 19102, Council for the Applicant.
Thank you. Do you swear and affirm to tell the truth, the whole truth, for nothing but the truth?
Thank you. Please proceed.
Yes. Members of the board, this is a zoning application for the lot line adjustment and subdivision to take two lots and create three.
The property, there are two properties in question with this application.
They are 1115 Brandywine Street and 1111 Brandywine Street.
I'm going to share my screen with you at the moment.
okay oops sorry so what we're looking at here we've received five refusals while there only
appear to be three the first refusal applies to all three lots one two and three the second for
lot width applies to lot one and the third refusal of minimum open area only applies to
I believe that is lot one as well. Essentially, this is a, for geographic reference, these two
properties are located next to each other on Brandywine Street with side yards, and the owners
unfortunately don't feel that there's a viable need for the side yards at this point.
They would like to consolidate and turn those side yards into a third usable lot, as is
demonstrated here. The issue being, again, that the dimensional standards to relocate these lot
lines to use this center of the properties as a single-family dwelling are below the
dimensional requirements. Here's a street view picture. You can see that while most of the
houses on this block are narrow, this structure would be almost equally as narrow and not different
in character from those surrounding attached right here is a copy of the subdivision consolidation
plans that show you that we have a resulting 17 feet that is approximately the uh distance
of the neighboring property but lot one right here is short on lot width
the proposed structure to be put on this is a single family dwelling uh which is by right in
this district. Here is a picture of the front facade proposed. The only provisos that were
asked for by the RCO after a meeting with them and their agreement to the project generally
was that we use red brick for the facade and that the bottom of the stairs here be closed in by the
brick as well and not left open for stuff to gather underneath. The proposed floor plan for
the single family dwelling shows that you have four bedrooms, first floor kitchen, an open floor
plan with basement and mechanicals in front nothing extraordinary to report there i i am
providing a copy of the deed for the owner of both 111 brand one brandywine and 1115 brandywine
as well as the application for appeal and to provide tax clearance certificates issued as
of yesterday for both owners and copies of the posting of the property so members of the board
We believe that the dimensional refusals that were issued for this are de minimis in the sense that this is the highest and best use for this open.
are de minimis in the sense that this is the highest and best use for this open area between
the two properties. And because of the lack of a viable use of side yards or desire for them,
we don't believe that leaving them in their current position is effective and therefore
creates a hardship on the owners to not be able to create this new lot in between.
and uh 14th ward uh democrat uh rco uh supports this application yes they should have sent their
letter they supported it the only proviso they had as i indicated um is that they would like
um they would like the exterior front facade and red brick and steps to be closed underneath but
we have met with them uh and we did receive their support that meeting took place last week
I anticipated that they already indicated to me that they actually had sent a letter in so I
believe that you do have that. Excuse me this is Sharon's letter we did receive the letter
as for the provisos I don't think that the board can add a proviso mandating the color of the bricks
to be used. Mr. Crick do you think in the alternative a proviso stating trash to be
stored indoors or to rear of property would work? That would be fine I don't know that that was their
intent of the red brick underneath, but we are, you know, I think it may make sense to leave it
absent. We don't intend to put trash out front anyway, but we have made the representation on
the record and to the RCO directly in writing. Okay, because in their letter they referenced
their concern that trash would be stored under the stairs, but that's fine. Well, okay, I mean,
you know what, I would be okay with the proviso for trash stored in the rear. Okay, thank you.
Yes. I do have a client, Yatsun Nguyen, available.
I'm not sure if he's raising his hand or not, so if the board would like, I would be happy.
In the interest of time, you being an officer of the court.
You got him, Jason?
Yeah, I'll speak right now.
Thank you.
Very good.
Thank you.
You're welcome.
Mr. Nguyen, please wait to be sworn in, sir.
Sir, can you please identify yourself for the record?
And unmute yourself.
Hi, can you hear me now?
Yeah, okay.
Hi, my name is Yaxan Nguyen.
Can you spell your first and last name for the summary?
First name is spelled Y-A-T-S-U-N, last name W-E-N.
Great.
Your address?
The address was 1111 Brandywine Street, Philadelphia, PA 19123.
Do you swear or affirm to tell the truth, the whole truth, for nothing but the truth?
Yes, I do.
Thank you.
Please proceed.
Thank you.
Mr. Nguyen, have you had an opportunity to hear my testimony to the board this morning?
And would you represent to the board that those statements were true and correct?
And do you adopt those statements as if they were your own testimony?
All right.
Thank you very much.
That is all.
Thank you.
Is there anyone else here in this matter that would like to speak?
I have a Diane Monroe with her hand raised.
I will allow her to speak.
Thank you.
Ms. Monroe, please wait to be sworn in.
Morning, Ms. Monroe.
Can you please identify yourself for the record?
Diane Monroe, 1117 Mount Vernon Street, 14th Ward RCO Chair.
Do you swear on a firm that's all the truth, the whole truth, for nothing but the truth?
Yes, I do.
Thank you.
And good morning to everyone, and thank you for sharing.
in the future I would definitely be a little clearer about the trash we definitely do not
want any trash cans on the outside of the building and hopefully that the applicant has that
understanding we want the trash to only be placed out in front of the building on designated trash
days. But we do support this particular project, mainly because it's single family. And the
applicant has indicated to the community that he will get involved with the community and
be a part of and support our efforts to keep this community clean as well as our local
playground. Thank you.
Thank you.
Thank you. Anyone else?
Thank you.
Anyone else?
No further hands at this time, Mr. Plaza.
Thank you.
Does the board have any questions?
Planning Commission.
Thank you, Mr. Plaza.
Ian Hegarty for the Philadelphia City Planning Commission.
h-e-g-a-r-t-y. Thank you. You swear to tell the truth, the whole truth, for nothing but the truth?
I do. Thank you. The comprehensive plan recommends no change to the existing residential single
family zoning at this location. The proposed use and dimensions here are consistent with the
existing adjacent lots and with the historical condition of this piece of land. And so the
City Planning Commission would recommend that the board grant the variances. Thank you. Calendar
number MI 2020-003234-1115 Brandy 1st. My vote is yes with the proviso trash should be stored in
the rear of property. My vote is yes with proviso. Yes with proviso. Good luck. Thank you very much
No, I may be excused.
Yes, you may.
Thank you.
Next one up is MI 2020-003419, 1700 North 25th Street.
mr plaza mr jared klein has been promoted to panelists thank you mr klein can you please
identify yourself with a record certainly uh good good morning mr chair members of the board jared
Klein, K-L-E-I-N, from Blank Rome, 130 North 18th Street in Philadelphia.
Do you swear a firm to tell the truth, the whole truth, for nothing but the truth?
Yes, I do.
Thank you.
Do you agree to waive the reading of his refusal and stipulate to its accuracy?
Also, have you emailed an exhibit packet with the required documents, proof of ownership,
proof of tax compliance, copy of the refusal or referral, photos and plans five days prior
to this hearing?
Yes, I have.
Also, have you met with the RCO and have a letter?
We have met with the RCO.
We did not receive a letter back.
Thank you.
Please proceed.
Thank you.
I'm going to go ahead and share my screen.
So we're here for 1700 North 25th Street, which is the corner of 25th and Cecil B. Moore.
The application is to use the property as four residential dwelling units.
It is an RSA 5, so that use is not permitted in the zoning district.
The historical use of the property, as the board can see from the notes on the refusal,
the ZBA had previously granted a variance for takeout on the ground floor of this property with no dispensing window
and with the continuation of the three existing residential dwelling units above.
So this application is to replace the takeout area that was in the property with a fourth residential unit.
So only adding one additional unit of density to what had been there previously.
To orient the board, this is the property here. Cecil B. Moore is running this way.
This is 25th Street. Stillman Street is here.
The zoning map shows us that a large portion of Cecil B. Moore is RM1, which would allow multifamily buy right.
But this portion here is zoned to RSA 5.
Just to give the board some context as to what the actual condition on the ground is,
there are a number of properties in the immediate surrounding area that have multifamily zoning right now.
1705 North Stillman is two-family, 1708 North 25th is two-family, 1706 North 25th is a five-family,
1704 North 25th is three, 1702 North 25th is three, and then all along Cecil B. Moore here we have
unit sizes ranging from three to five dwellings. So the entire area surrounding the subject parcel
is already being used for multifamily purposes.
This is the property here, shown from a couple different angles,
and photos of posting and the surrounding area.
There is a church located across the street from the subject parcel
and a vacant parcel here.
Photos of posting at the property.
and floor plans showing the conversion of what was the takeout area to a residential dwelling unit.
takeout area to a residential dwelling unit. As I mentioned, we did meet with the 32nd Democratic
Ward. That meeting took place on March the 15th. We did have a couple of attendees,
including Judith Robinson from the 32nd Ward, Mary Jones from Council President Clark's office,
and a neighbor or two. We did not receive a position letter from the RCO, but I am including
the certificate of mailing, so the board can see that we did send out 204 pieces of mail
and we did have that meeting, although the RCO has not provided a letter.
We think that with the immense amount of surrounding multifamily use that it's contextually appropriate
to use the site for four families.
And I'd also note that this block of Cecil B. Moore is not part of the general commercial
corridor so we're not taking away from the business improvement desires of the area we're
really being more consistent with the residential uses that are around us i'd like mike randolph
if he's online to virtually raise his hand so he might adopt my testimony mike if you're there
can you hit the raise your hand button
and if he's been allowed to speak sir
mike can you just wait a moment and be sworn in sir can you uh please identify yourself for the
record yep mike randolph spell your last name for the sonographer please r-a-n-d-o-l-p-h
your address uh 2932 nicholas street
okay do you swear affirm to tell the truth the whole truth from nothing but the truth
yes please proceed thank you mike did you have a chance to listen to my presentation this morning
yes and do you adopt my statements as true correct in your own testimony yes i do thank you
uh we don't have anything further mr chair thank you is there anyone else here in this matter
no hands at this time mr plaza thank you does the board have any questions no no you planning
commission thank you secretary plaza in 2014 the zoning map was amended in this area from
rm1 to rsa5 and accorded recommendations from the comp plan however the property as noted by
Council has a documented history of multifamily use and many adjacent non-conformities. Therefore,
the City Planning Commission would recommend that the Board grant the variance. Thank you.
Okay. Calendar number MI 2020-003419 1700 North 25th Street. My vote is yes.
My vote is yes. My vote is yes. Thank you very much. Good luck.
um chair if i could interrupt for one minute um i just wanted to let you know that there is an
add-on that is not on your list i'm going to send you the information on that right now in a text
okay thank you you want me to do it now or after um you can just call the next case and gotcha
Thank you. MI 2020-001-082-1714 North Bouvier Street.
Mr. Jin has been promoted to panelist.
Thank you. Mr. Jin, please identify yourself and you are on the road from this morning.
Yes, good morning, Zen Jin, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia, PA 19103, here on behalf of the applicant.
Please proceed. Oh, I'm sorry. I'm sorry. Do you agree to waive the reading of his refusal and stipulate to its accuracy?
Thank you. Have you emailed an exhibit packet with the required documents, proof of ownership,
proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this
area? I did. Also, have you met with the RCO and have a letter? Yes, we have actually multiple
letters and I'll discuss that during the presentation. Thank you, please proceed. Thank
you. I'm going to share with the board the information relating to this case.
so we have submitted the refusal the beach community services letter in opposition
map holistic cdc's letter in support community land trust corporation's letter in support
photos plans tax clearance and other related documents i want to address the letters first
but before we do that let's first understand what we're here for this is a refusal
first understand what we're here for. This is a refusal based on a RM1 overlay district.
The use and other design aspect of this is by right. The only variance we're asking for is a
three-foot variance of the rear yard. So it's a dimensional variance for three-foot
of the rear yard depth area. The Beach Interplex who hosted the meeting for this case
issued an opposition of this case based on seven votes out of 13 attendees.
Some of the other RCOs were actually in attendance and disagreed with the way the vote went.
Their main reason for opposing this application is they don't want more housing built,
particularly student housing in their view.
Secondly, they do not believe they want any more multifamily housing on the block,
despite the fact that this is an RM1 block with a by right use. And finally, the argument was
there's no plans for maintaining trash, which is because they also opposed the by right roof deck,
which was put there to help maintain trash for a duplex. So the trash would be stored one in the
rear yard for the first unit, and second on the rooftop deck for the second unit, keeping it out
of the street until such time they're picked up. My client went a step further and offered to have
trash enclosures in the rear yard and on the roof deck so that the trash is never even left out.
The cans would actually be in an enclosure. However, we still received opposition from
Beach based on that information provided. However, both the other RCOs understood that this is a
variance for three-foot rear yard, which incidentally no one at the meeting had opposition to
because most of the time the community actually prefers smaller rear yards so that people don't
party in them. So Beach opposed MAP and Community Land Trust, two of the other RCOs both supported
it. Again we're building next to what is an existing new structure and this building will
be replaced with a very similar building to what is next door. What we're asking for is really
pretty consistent to all new constructions on that block. It is also a multi-family zone block so
So despite the fact that the neighbors don't like multifamily uses, we're going with the minimum of two units, which is by right under the code as well.
The plan is to have the unit proposed as seen here.
The only difference main thing we're asking for is a smaller rear yard, which while some of the yards nearby are a little bit larger,
this proposal isn't inconsistent with some of the other rear yards for some of the newer buildings
being constructed in the area. So we would ask, based on the de minimis variance that we're
seeking, that the board vote favorably for this matter. I am certainly happy to answer any
questions relating to the design or other aspects of this case. Thank you. Does the board have any
questions? Yes, Mr. Chairman. Counselor, what is the hardship for a smaller rear yard?
Generally speaking, the hardship isn't to the land here specifically. However, as you know,
with Temple area, a lot of times the rear yard spaces, the larger rear yard spaces,
actually end up being used for activities that the neighborhood actually don't want.
What we're trying to do is actually provide a little more space on the interior rather than
having a large rear yard, which can be used more for other activities. The open space
impact here is minimal as well, because most of these multifamily buildings in the area
also has a real yard on the other end.
So they're not that close.
There's not a lot of shadow and light issues
for the neighbors.
And again, this is actually not the one,
this is the one issue that the neighbors
didn't have an issue with.
Thank you.
You're welcome.
Is there anyone else here in this matter?
I believe my client should be here,
Mr. Alex Coppa.
Please raise your hand if you're in the virtual audience.
I don't believe I see him, sir.
All right.
Anyone else here in this matter?
No other hands at this time, Mr. Plaza.
No other hands at this time, Mr. Plaza.
No other hands.
No other hands, okay.
Planning Commission.
Thank you, Secretary Plaza.
Ian Hegarty for the Philadelphia City Planning Commission.
In 2014, the zoning map was amended in this area in accord with recommendations from the comprehensive plan.
However, this parcel was not changed.
It remains R-M-1, as noted by Council.
We believe the proposed dimensional variance is minimal and does not conflict with the purpose and spirit of the zoning code,
and we would therefore recommend that the board grant the variance.
Thank you. MI 2020-001082-1714 North Bovier Street, my vote is yes.
My vote is yes. My vote is yes. Good luck. Thank you.
I'm sorry, let's go back to this add-on real quick. MI 2020-001-317-3101, Cotman Avenue.
This is a resumption hearing from, I believe, back in March 10th.
Mr. Consul has been promoted to panelists, sir. Thank you.
Mr. Consul, good morning. Please identify yourself for the record.
Good morning, Joseph Consul. Consul Madison LLP, 1 West 3rd Street, Suite 204,
Media, Pennsylvania, 19063. You swear and affirm to tell the truth,
the whole truth for nothing but the truth? I do.
thank you please proceed uh so i had emailed about this because i didn't hear it in the original call
this morning as being a resumption hearing uh my client i believe signed off do you want me to try
to get them uh back on here we had presented this case originally on march 10th uh and an email we
got five minutes ago said you don't need to appear but then sharing email means that you do need to
appear uh so i think i'm sorry mr council you're right the confusion is my fault um i think you
also had a continuance request in another case that's correct and that was what I was saying
you didn't have to appear for as far as Cotman it is an add-on case it's a resumption hearing it
doesn't include on the on the regular hearing list which is why Mr. Hand didn't know about it
would you like us to move you to the end of this list so you can contact your client or
because I think this is only for feedback regarding the RCO position is that correct
I'm not certain that we need my client.
We presented the full case.
The Planning Commission weighed in.
Yes, I have that.
The Planning Commission testified in support.
So if your call, if you'd like to do it now and just give the board information on the RCO's position.
Yeah, I'll do it now.
We had originally met with the Mayfair Civic in November, on November 16, 2020.
At that time, they did not issue a letter.
We went back and forth with them.
the next time they were willing to hear us was March 15th,
which was after the scheduled date for our last CBA meeting.
I came on, I explained that.
Frank at the time said, all right, we'll present
because we sent in all the proofs that we had notified everyone.
And so we presented the case and we met with the RCO again
the following Monday.
Again, they have not issued a letter, and so that's where we're at.
We don't believe this case is controversial, and like I said, it's just a situation regarding the RCO.
Thank you. Give me one second, counsel.
Thank you.
Okay. Thank you, Mr. Counselor. I apologize for that. Does the board have any questions?
No. Okay. We already have planning commission's input. Okay. Is there anyone else here in this
matter? No other hand to this time, Mr. Plaza. Thank you. All right. So calendar number MI2020-001
317-3101
Cotman Avenue.
My vote is yes.
My vote is yes.
My vote is yes. Thank you. Good luck.
Thank you, everyone.
2020-003-420-2143 Christian Street.
2020-003
And I'll see you next time.
hi good morning can you please uh identify yourself yes good morning um annabelle saleh
s-a-l-l-e with toner architects um location 1901 south 9th street philadelphia
19148 are you the architect of this project yes correct are the owners here yes okay sir can you
please identify yourself for the record? Yes, of course. My name is Siddhartha Reddy, S-I-D-D-H-A-R-T-A.
Last name is R-E-D-D-Y. I am the homeowner and applicant at 2143 Christian Street, Philadelphia,
PA, 19146. Thank you. Do you swear on a firm to tell the truth, the whole truth for nothing but
the truth? I do. Thank you. Do you, have you emailed an exhibit packet with the required
documents, proof of ownership,
proof of tax compliance, copy of the
refusal or referral,
photos and plans five days prior to this hearing?
And I would like to
elect to have
my design professional and
Annabelle Saleh present my case.
Okay, well, you're going to have to do all the talking,
okay? So she's not an attorney, okay?
She could present this
on the screen, but
you're going to have to do all the talking, okay?
Have you met with the RCO and have a letter?
Thank you. Please proceed.
We are applying for a variant for this property near the corner of Christian Street and 22nd Street, as presented on the screen.
We are looking to add an additional floor, and that requires a variance because it goes above the height of 38 feet by 6 feet.
And we presented the case to the RCO last week.
and they uh came back with a proviso to add for us to add brick to the front facade from the first
through the third floor and a mansard roof on the fourth floor addition uh and um
maintain the our our tree that we have in front of our house during construction
okay was that something you guys agreed to yes okay okay uh does the board have any questions
no no okay is there anyone else here in this matter can i uh also add something or uh i'm
not allowed to go ahead okay so uh in addition to that thank you sit for presenting so we we
presented to the RCO and also we received the additional like support letters from the
adjacent property. I'm sorry to interrupt you real quick. Do you swear on the firm to tell the
truth the whole truth for nothing but the truth? Yes I do. Thank you I apologize. That's okay thank
you. Yeah I wanted to we we sent all of the documents to you so you have copies of this
but we received six letters of support on the from the neighbors that are adjacent to
City and Rachana and also behind on the block and we also updated so we received the letter from
the RCO and we updated our zoning sheet to show the the mansard roof as they requested it
and the real brick facade and the tree we added a note that we will keep the trees throughout
the construction. Thank you there's no revised plans right? This is the revised zoning sheet
because we had originally a setback,
but the RCO asked us to have a mensal roof.
So we have a new zoning sheet, yes.
Thank you.
Sharon, will that be one page?
They can't have it approved right now
if they didn't submit it in advance
with the revised plans form.
Thank you.
Can you hold us to vote till next week
and I will talk with the architect?
Yep, will do.
Thank you.
Is there anyone else here in this matter
that would like to speak?
Anyone else from the RCO?
Mr. Plaza, I have a Sezgin Ibakan with their hand raised.
Mr. Plaza, I have a Sesgan Ivakan
with their hand raised, I will love.
I will allow them to speak if that is okay with you, sir.
Thank you.
Hi, I'm Zoning Board of Adjustments.
This is Josh Lippert and Sezgin Ibakan.
We live on the 2400 block of Christian Street.
Please spell your first and last name for the sonographer.
Yeah, J-O-S-H-L-I-P-P-E-R-T.
Do you throw on a firm to tell the truth, the whole truth, for nothing but the truth?
Yes, we do.
Please proceed.
Yeah, so in terms of this matter, 2143 Christian Street have not proven a financial hardship
nor uniqueness of this parcel warrants a variance to the adopted Philadelphia zoning code.
Furthermore, in light of cries from the community for historic preservation and conservation
districts due to the Doctors Road demolition on the 1500 block of Christian Street, it
even more imperative that you factor in the character of the neighborhood and the impact
of these six extra feet above the height limit on a street full of three-story brick homes.
As owners on the 2100 block, we recently did an addition to add bedrooms to our
property in the rear of the property. This proposal, this architect did not study a rear
addition as part of this project. For dimensional variances, the zoning board may consider economic
detriment and financial burden the applicants have not shown financial burden nor study nor
have studied a rear addition that would be as of right the property does not have unique physical
conditions that would limit an as of right project to gain the square footage that the applicants
seek the character of the neighborhood will be impacted by the six extra feet of height
to the to the existing three-story brick homes that are character defining along christian street
A variances for the lifetime of a property, in this case an entire fourth story, six feet above the height limit, will permanently impact lightened air of nearby residents and users of Christian Street, well beyond the lifetime of the applicant's family needs.
Thank you for our testimony.
Thank you. Anyone else?
Hello, may I respond?
uh briefly okay thank you um uh chairperson i would just like to add that uh the additional
bedrooms are are are the uh components of the fourth floor edition and they are needed for my
my two children who are uh growing up and also to accommodate uh another bedroom for my mom who will
be living with us soon. Thank you. Anyone else? No further hand at this time, Mr. Bella. Thank
you. Planning Commission? Thank you, Mr. Chair. Ian Hegarty for the Philadelphia City Planning
Commission. The comprehensive plan recommends no change to the existing residential multifamily
zoning at this location. The appellant has not demonstrated a hardship in this case. Dimensional
variances require the appellant to show that the dimensional requirements of the zoning code impose
a financial burden. I don't think that they've done so in this case, and so the City Planning
Commission would recommend that the board deny the variance. Thank you. Calendar number MI2020-003420-2143
Christian Street. This
case will be voted
next week, pending
receive of other
documents that we need, okay, for the revised
plans. Thank you.
Thank you.
You're welcome. Calendar number
MI2020-000549-3400
North 19th Street.
no hands for this matter sir no hand who the poses uh was this a first listening uh sharon
i'm trying i'm looking that up now mr plaza um
It was, and given the, given the MI number, I would imagine this has been listed at least once before, it's an MI2020000549.
Okay, so for this case, yes Jason?
Call on user one has their hand raised, I will allow them to make them a pen for right now.
Make them a pen on this right now.
You can just allow them to speak.
Oh, okay.
I believe that's Ms. Hernandez.
Call in user number one.
Please identify yourself for the record.
This is Adrian Hernandez.
I'm from the Neighborhood Partners Association, RCO.
Can you please spell your last name for the stenographer, please?
Yes, F-E-R-N-A-N-D-E-Z.
Do you swear or affirm to tell the truth, the whole truth, for nothing but the truth?
Please proceed.
I turned in a miswritten testimony for Swampo to RCO, and the RCO coordinator is Taube United, Inc., RCO.
I'm not sure if you have a letter from them.
His name is Fernandez. This is Sharon Saleta.
We do, and I noted it in the board summary.
you can't go into the detail to the substance of the case without them here but i did check this
out it has been listed multiple times in the past i got this yeah thank you miss fernandez
can i ask you one more question can i ask one more question yes um is it possible to request
dismissal if no one appears. Got it. Thank you. Calendar number MI 2020-000549-3400
North 19th Street will be dismissed. Dismissed. Dismissed. Thank you. Calendar number MI 2020-002038-4036
Spring Garden Street. Mr. Anastasio. Mr. Anastasio has been promoted to panelists.
Good morning, Mr. Anastasio. Can you please identify yourself for the record?
Yes. Good morning. Vern Anastasio, 1315 Walnut Suite 1006, Philadelphia 19107.
Thank you.
Do you swear or affirm to tell the truth, the whole truth, for nothing but the truth?
Do you agree to waive the region of his refusal and stipulate to its accuracy?
Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos, and plans five days prior to this hearing?
I have.
Also, have you met with the RCO and have a letter?
Yes to both.
Thank you.
Please proceed.
I'm sorry. Did I miss a spelling of your name? Did I miss that?
I'm sorry. Can you please spell your name?
Sorry, Ms. Sunkit. A-N-A-S-T-A-S-I-O. First name is Vern, V like Victor, E-R-N like November.
Thank you. Please proceed.
Thank you.
Just bear with me while I share my screen.
okay we are looking at 4036 spring garden street today it's pretty straightforward the application
is for a multi-family household living it's a three dwelling uh unit in an existing structure
it has been if you look at the notes to the zoning board calendar number five one one three three
The ZBA granted a three-family dwelling back in 1959, and that has been, was, and continues to be the use.
Here's our interior layout so you can see.
We've got your first floor from a porch, two bedrooms and a laundry room.
that also comes with the full basement we've got a second floor apartment and we have a third floor
apartment as i said rather straightforward i'll show you some photos
of the subject property you can see here on my on our right evidence of the multifamily electric
meters. That's across the street. That's the rear. Everyone has access to this side here for trash.
Here are some photos, we have 3D, I'm going to jump to property.
property history this also goes back quite a ways three family dwelling
and then page 44 i believe we have an old-fashioned city cert
yep city of philadelphia certificate of legal use three apartment dwelling
and that's what it's always been um and here's another certificate as well we met with spring
garden and i believe miss pamela andrews sent over actually i know she sent over uh tally
with overwhelming support for uh for the uh variants we sent that over to uh zoning board
attorney, Saleta, this morning. We got it. Excellent. 143 pieces of mail went out. It was
well attended. And with that, I'm going to rest. My client is not here today, but as an officer
of the court, I asked for the record to reflect that he would adopt my presentation as his own.
Okay. Is there anyone else here in this matter?
Mr. Plaza, I have Mr. Andrew Goodman. I will allow him to speak at this time.
Thank you. Good morning, Mr. Goodman. Please identify yourself for the record.
Yes, Andrew Goodman, A-N-D-R-E-W-G-O-O-D-M-A-N. Here representing the Office of Third District
Councilmember Jamie Gaudier, room 586 City Hall. Thank you. You swear or affirm to tell
the truth, the whole truth, for nothing but the truth? Yes, I do. Thank you. Please proceed.
Thank you, Mr. Chair, members of the board. Our office has no opposition to this variance
application this morning. Thank you. Anyone else?
No further hand at this time, Mr. Plaza. Thank you. Does the board have any questions? No.
Thank you. Planning Commission. Thank you, Mr. Chair. Ian Hegarty on behalf of the Philadelphia
City Planning Commission. The comprehensive plan recommends a zoning map change to RTA-1-2 family
zoning at this location. We also note that the proposed use is consistent with documented previous
uses on this property, and so the City Planning Commission would recommend that the Board grant
the variance. Thank you. Calendar number MI 2020-002038, 4036 Spring Garden Street. My vote is yes.
My vote is yes. My vote is yes. Thank you. Good luck. Thank you.
Calendar number MI 2020-000112, 4829 Longshore Avenue.
I'm waiting to be dis-promoted, or whatever you want me to do.
Now what this one has no exibis-es-es.
Mr. Plaza, I have a Patrick's Note 20 Ultra with their hand raised.
I will allow them to speak.
Patrick.
Hello, Patrick.
Can you hear me?
Yes, are you here for this case?
Yes, I am.
Please identify yourself for the record.
My name is Patrick Hopkins, P-A-T-R-I-C-K-H-O-P-K-I-N-S.
You swear a firm to tell the truth, the whole truth, for nothing but the truth?
What's your relationship to this project?
I am the current tenant at this project.
Okay, you're not the, you're the applicant?
Excuse me, we have no exhibits.
This is the third listing.
All right.
So, Mr. Patrick, we haven't received any exhibit.
This is like the third listing.
So, for this case, MI 2020-000-112-4829 Longshore Avenue.
My vote is to dismiss.
Dismiss.
Dismiss.
Good luck.
Next one up is MI 2020-003412.
5210 Art Street.
We're in Anastasio.
Vern Anastasio.
Mr. Anastasio.
Mr. Anastasio has been promoted back to the panelist, sir.
Mr. Anastasio, good morning again.
Please identify yourself for the record.
Good morning, Vern Anastasio.
It's V-E-R-N.
His last name is Anastasio, A-N-A-S-T-A-S-I-O.
Mr. Anastasio, you still under oath.
Do you agree to waive the reading of his refusal and stipulate to its accuracy?
Thank you.
Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, folders and plans five days prior to this hearing?
Also, have you met with the RCO and have a letter?
Yes and no.
We have met with the RCO.
I spoke to Ward Leader Jordan this morning, and he would like us to come back within 7 to 10 days
just before the Executive Committee to iron out some details.
There's an alley that my client has agreed to maintain and fix and light up for the community.
As such, with the RCO's support, I request that we present our case today
and then have a resumption hearing for the RCO to weigh in.
Tonya, is that okay?
Ms. Fai with me is Sharon's call.
Sharon?
I would say though that the resumption hearing will be limited to reading the RCO letter into the record.
We'll bet.
Is that okay, Mr. Anastasia?
That's fantastic.
Great.
Please proceed.
Thank you.
Excuse me while I share my screen.
Okay, so we've got, again, this is very straightforward. It's 5210 Arch Street,
and the application is for two-family household living in an existing structure.
And let me show you. This is a cross-cut basement level. Both units have access to the basement.
There is a rear access and a front sidewalk access, standard two-story row home.
That's actually at the end of a row, and it's a commercial adjacent.
So it's the very last property, residential property, before we get to the commercial.
and basically we're just putting back what was there um 20 years ago it's been vacant for 20
years uh the first floor there's a patio here uh the first floor uh is pretty open you know open
space and then we have a rear bedroom and rear yard access second floor pretty standard we have
an eat-in kitchen, large living room, and a bedroom on either end of the of the unit.
Let me show you where this property is. So there's the property right there.
This is, as I said, it's at the end of a row of residential and then it's commercial mixed-use
adjacent. Here's the alley that my client is, actually it's a pretty dangerous alley based on
all the neighbors input so and we're going to be using that alley for trash so that both units can
take the trash from the rear yard and bring it out to the front on trash day and the neighbors
were concerned about the safety of those folks up that alley so what my client has agreed to do with
the support of the community is to maintain the alley light it gate it make sure everyone has a
key and just bring that alley back to where it should be because it's not in very good
shape right now.
And then I've got a couple other exhibits to just point out to you briefly.
As you can see, the last known use was vacant two-family dwelling.
they tried to go for some sort of community center but that never worked out for I guess the previous
owner and included in my packet we have signatures from everyone on the block that I have submitted
as well at least everyone on that side of the block that we could get 52 15 14 27 39 43 17 20 13
and somebody else who lives in 13.
As I said, we had a very fruitful meeting with the RCO.
It's just a matter of hammering out some minor details.
Given the history of this property,
given the fact that it has been inactive and vacant
inactive and vacant for almost 20 years uh and that it sits up and otherwise uh
for almost 20 years and that it sits...
date right by a dangerous alley uh we believe that this is the smartest uh best highest use
rehabbing that house finally after so long and breathing new life into that alley and making
sure that it's safe and clean for everybody in the community and with that i'm going to rest my case
and ask my client, Bessam, to raise his hand.
Virtually, of course.
Mr. Osmani has been allowed to speak, sir.
Thank you.
Sir, please, go ahead.
Mr. Osmani, can you please identify yourself for the record?
This is Bessam Osmani, B-E-S-I-N, last name O-S-N-A-N-I.
Address?
3903 City Avenue, Philadelphia, PA19131.
Thank you.
You swear to affirm to tell the truth, the whole truth, for nothing but the truth?
Yes, I do.
Thank you.
Please proceed.
Thank you.
I'll be brief.
Hi, Bessam.
You heard my presentation to the board today, yes?
All right.
And was it true and accurate to the best of your knowledge?
And would you adopt it as your own testimony if need be?
Thank you very much.
I have nothing further.
Thank you.
Is there anyone else here in this matter that would like to speak?
Mr. Andrew Goodman has been allowed to speak, sir.
Thank you, Mr. Goodman.
Good morning.
Good morning.
You're still on the roll.
Please identify yourself for the record.
Andrew Goodman, G-O-O-D-M-A-N, here representing the office of Third District Councilmember
Jamie Gaudier.
Thank you.
Members of the board, we just asked that our office also have the opportunity to give testimony during the resumption hearing in addition to the RCO.
Yep, will do.
Thank you.
Anyone else?
No further hand at this time, Mr. Bala.
Thank you. Does the board have any questions?
Planning Commission?
Thank you, Mr. Chair. Ian Hegarty for the Philadelphia City Planning Commission. The
comprehensive plan recommends no change to the existing single-family zoning here. However,
the property does have a documented history as a two-family dwelling, and so the City Planning
Commission would recommend that the board grant the variance. Thank you. Tanya, do we have a date
for the resumption hearing? Yes, Chair. We would allow them to resume May 19th at 930
a.m. Thank you, Tonya. Thank you, Ms. Sunkett. Okay. My pleasure. Thank you. So calendar number
MI2020-003412, 5210th Arch Street. This hearing will be continued. It will be resumption hearing
for feedback regarding RCO and council persons position only, okay? It will be continued on
May 19th at 9.30 a.m.
Thank you.
Good luck.
Calendar number MI2020-003410, 6100 Woodland Avenue.
Ms. Eileen Quigley has been promoted to panelist, sir.
Thank you.
Morning, Ms. Eileen, please identify yourself for the record.
Good morning, Chairman Plaza, members of the board, Ms. Saleta and Ms. Sunkit, Eileen
Quigley, Ballard Spar, LLP, 1735 Market Street, 51st Floor, Philadelphia, 19103. Eileen is E-I-L-E-E-N,
Quigley, Q-U-I-G-L-E-Y. Thank you. Do you swear on firm to tell the truth, the whole truth, for
nothing but the truth? I do. Do you agree to waive the reading of its refusal and stipulate to its
accuracy? I do not. Okay. Have you emailed an exhibit packet with the required documents,
proof of ownership, proof of tax compliance, copy of the refusal or referral folders and plans
five days prior to this hearing? Yes, we did, Chairman. Thank you. Have you met with the RCO
and have a letter? We did meet with the RCO. The coordinating RCO is the 40th Ward Republican RCO,
and we did receive a copy of that letter that Mr. Melodosian, who's the chair of that RCO,
a copy of that letter that Mr. Melodosian who's the chair of that RCO sent to the board.
sent to the board.
We also, I'm sorry, we did send this morning a letter from Representative McClinton also
in support of this application and we understand from Councilman Johnson's office that
he does not typically submit letters unless there's a tie. So we don't have a letter from
Councilman Johnson. And I am unsure if there's anyone here from his office. I did reach out to
ask if they would be in attendance, but have not heard back. Okay, thank you. Please proceed.
Good morning, Chairman Plaza, members of the board. As I said, my name is Eileen Quigley. I'm
here on behalf of Resources for Human Development, which is the applicant in this matter.
Ms. Quigley, I'm sorry to interrupt, but just before you start, I wanted to note that
Franz Pierre from the councilman's office is here. He has his hand raised, so he will be testifying.
Thank you. Thank you very much, Ms. Saleta, and thank you, Mr. Pierre.
As I said, we did object to the reading of the refusal. Let me share my screen.
Can everyone see that? Yes. So these are our exhibits. We have in here our
certificate of tax clearance, the deed, the letter of authorization from the owner of Woodland Plaza
to allow our client to apply for this variance and other permits and approvals for this birthing
center. I'm going to come down to, I apologize. So the refusal was based on this use, which is
a birthing center, this is used as a hospital. We object to that determination. This is not a
hospital. We have asked in our application, actually we've defined this birthing center
as accessory to a women's health center. Here we have photos of the property and the posting.
The only reason basically that L&I has determined that it was a hospital because
a patient may be in the birthing center overnight for a short period of time during delivery.
So as I said, we do not believe that this meets the definition of a hospital. But in the
alternative, as we state in our appeal, if the board views this as a hospital, then we would
ask for a variance based on hardship if we are not able to have this birthing center in this
particular neighborhood. Here's the key plan. This is at 62nd and Woodland Avenue. Here are the
tenant spaces in which this proposed birthing center will go. The birthing center is accessory
to the women's health center that we're proposing for this location as well.
This is an ICMX zoning district. As you can see, the notice of refusal states that it is a hospital
and we are refuting that. We have with us today Lakeisha Garland, Emily Nichols, and Rebecca
Bigsby, who will be testifying on behalf of the client RHD for this use. We've sent out our
letters of notice. So with that, I think I can just turn it over to Ms. Lakeisha Garland. We also
have uh Lakeisha will be presenting slides with that are related to this proposed use
so I will stop sharing my screen if that's okay and allow Lakeisha Garland to move forward with
her presentation but just so the board knows I have the resumes of our three panelists also
within our exhibits packet.
Thank you.
Ms. LaKeisha?
Ms. LaKeisha Garland has been promoted to panelists, sir.
Thank you.
Ms. LaKeisha, can you please identify yourself
for the record, please?
yes my name is Lakeisha Garland name spelled L-A-Q-U-E-S-H-A last name G-A-R-L-A-N-D
thank you your address address is 4700 Wissahickon Avenue suite 118 thank you
you swore a firm to tell the truth the whole truth and nothing but the truth yes thank you
please proceed thank you just um Ms. Saleta we did um submit slides last week and they've been
updated and that's the and I sent those this morning so those are the slides you'll be seeing
this morning thank you you're welcome um so Ms. Garland can you
Thank you.
You're welcome.
So, Ms. Garland, can you tell the board the company you work for?
I work for Resources for Human Development under the Healthcare Division, which is Family Practice and Counseling Network.
And how long have you worked there?
I've been with the organization for five years.
And what is your position?
And my position is Center Director for the Family Health and Birthing Center Project.
Anne, can you explain briefly your educational background?
Sure. Through the College of Public Health, Temple University, I've been on a tenure as a
public health professional. I'm in a non-profit sector, being an advocate and champion of medically
underserved communities through program development, policy and procedural development
to ensure excellence in service delivery, operational oversight of departments and
teams while being responsible to uphold quality improvement mandates of federal and state agencies
such as JCO, NCQA, and HRSA. And can you explain what your responsibilities and duties are
with the Resources for Human Development
and Family Planning Consulting Network?
So leading community engagement strategies,
promoting services and partnerships for the network,
marketing and program oversight
of the Birth Center Project,
serving as center director right now currently
for the Annex West Health Center,
providing operational oversight
and clinical support across work lines.
Again, program development, grant writing, and program implementation.
And what is your experience with women's health and health issues?
And so aside from being a Black woman, lived experience, and being a mother,
providing clinical support for our prenatal program at FPCN.
Thank you.
And with that, I would like to qualify Ms. Garland as an expert in her field.
Thank you.
anyone else miss garland oh i'm going to proceed with miss garland if that's okay okay
okay miss garland the proposed birthing center is to be located in an existing tenant space at
6100 woodland avenue correct correct and can you tell the board what is a birthing center
so a birth center is defined per let's see
is defined as, and let me see, here we go, a facility that's not part of a hospital,
which provides maternal care to childbearing families, not requiring hospitalization.
It provides a home-wide care for maternity care, including prenatal care, labor delivery,
postpartum care services for medically uncomplicated pregnancies. And this is per
the pa department of health chapter 501 birth center general provision excuse me this is sharon
seleta and i apologize for interrupting again but before we get too far into this testimony
are if you're making the argument that this is also in the that the variance request is an
alternative that you believe that the permit should have been issued by right as an accessory
use to the existing center so if you are making that argument the board really can't rule on it
unless the law department participates so the alternatives are you can they can vote strictly
on the variance request today or we can schedule a resumption hearing where you would be able to
present all the information going to your argument that it is part of that it is not a hospital
and the law department would have an opportunity to respond.
We would like to proceed today, Ms. Saleta, on the variance request.
Okay, thank you.
Please proceed.
So, Ms. Garland, what other licenses or permits, local or state,
may be required to operate the birthing center in Philadelphia?
you? So through the American Association of Birth Centers, which is an organization that provides
clinical oversight for birth centers, we obtain a certification. We also obtain a licensure from
the PA Department of Health. It's a rigorous licensure process, not only for the facility
and the structural concept, but also for the clinical protocols of the birth center
operations as well. Thank you. So why is a birthing center being proposed at this location in Philadelphia?
Thank you. So why is a birthing center being proposed at this location in Philadelphia?
Because here in Philadelphia, maternal mortality is poor, despite the highest expenditures for birth.
Also in the U.S., but in Philadelphia specifically, specifically for Black women, outcomes are poor.
and we want to do our part to combat what's called a maternal mortality crisis here in Philadelphia.
There's been a groundswell of connections and conversations and initiatives across
birth workers, hospitalists, and civic leaders as well. And so we know that vulnerable communities
could use a service like this to ensure and promote wellness and well-being and vitality
for families across Philadelphia. Can you do me a favor, Ms. Garland, and just move down to where
some of those statistics are? Thank you. And will this proposed health center and a proposed
accessory birthing center be for women only? Yes. And does a patient of the birthing center
have to be a patient of the health center? Yes. Will the birthing center be in the same area
location as the proposed health center? Yes, it will be co-located. Okay. Are there, is there
anything on this slide where you have these statistics that you haven't addressed for the
board? Yes. So just in terms of comparison to hospitals at a birth center, birth usually costs
anywhere from around $2,200 as compared to within a hospital at $10,000. Birth center concept,
it applies low-tech, high-touch, whereas in a hospital, it's high-tech and low-touch.
Black women are three and four times more likely to die giving birth. And here in Philadelphia,
again, maternal mortality amongst national cities in the U.S. is at 73%, and infant mortality is 8.3
out of 1,000 births. Ms. Garland, how will the birthing center be laid out and laid out in relation
to the health center we're proposing? Right. So here's a floor plan of the birthing center,
And so it's going to be co-located with the Women's Health Center.
And so you can see up at the top here, this is the Women's Health Center space.
It will consist of eight exam rooms, consultation rooms, to be able to provide those clinical services for women across the lifespan, prenatal care services, postnatal care services.
um and down here in this area here is the actual birth center so there is a separate and designated
uh entrance to either of the spaces here is where the women's center entrance is and over here is
where the birthing center entrance is and the birthing center will consist of three birthing
suites and they'd be um fitted with uh birthing tubs they're made again to provide a home-like
feel, and so there'll be linens and beds, again, to promote a more home-like setting
in these spaces. Also, there's going to be a family room here that can provide
a pantry for cooking and a waiting area for family members as they're waiting for their
bundle of joy to arrive. Okay, will any patient be permitted to enter the birthing center, or is
there some admittance requirement to enter the birthing center? Generally speaking, unless you're
having a birth or perhaps attending a child centering class or a lactation meeting with
lactation consultant, no one would be permitted into the birthing center unless a scheduled
visit was to occur. Generally, the women's health center would provide services Monday through
Friday from 9 to 5. Okay and how big approximately is the birthing center? So the birthing center is
approximately 3,000 square feet, maybe 4,000 square feet. I apologize. I think the entire
structure is of just about 9,000. So about 4,000 square feet. Okay and can you just tell us what
the follow-up services are for the patient post-delivery? Sure. For patients, both mom and
baby, there'll be an assessment done, again, by clinical midwives, and those are advanced
practical nurses that specialize in childbirths and, again, prenatal care.
that specialize in childbirths, and again, prenatal care, antenatal care, postpartum services.
So there'll be assessment of mom and baby, there'll also be screenings to, you know,
assess for, you know, violence, to assess for post-traumatic, postpartum depression,
and then, you know, birth weights and overall wellness of mom and baby post-birth.
Okay. And what is the protocol for post-delivery, for example, for sanitizing and cleaning the
birthing room and equipment? So generally speaking, for something like that, we would
contract with a vendor. We do this for each of our health centers right now where any medical waste
is picked up and removed from the premises immediately. And so especially now given COVID,
we've enhanced our services to ensure that spaces are sanitized and
to eradicate any infectious disease. And there's a, do you have a private
waste haul or mine for this birthing center and health center? Yes.
and there are parking accommodations nearby for the birthing center yes this space uh it has its
own um parking lot um you show the um kind of the uh schematic of the uh woodland village plaza so
this kind of it has it's it's it's how do i say it's it's adjacent to the other um businesses
within that corridor. And it, it's great because it has its own kind of entryway. It's kind of,
it's private, it's, it's set, you know, off to the side. And so, you know, it allows for folks
to specifically use the birthing center and allow for specialized parking in that particular space.
Okay, and Ms. Garland, can you explain what the security measures are that are in place
or proposed for inside or outside the tenant space building if a patient needs to leave
the birthing center for the hospital or needs to leave the birthing center after hours?
Right.
So security, we do provide security nine to five.
We call them security advocates.
And so they provide security for the space.
They're not armed.
And so that's from nine to five.
Now, in the case of a birth that occurs outside of that window, we will have an on-call team.
The security advocate will also be a part of that team to ensure safety into the space during off hours.
There are also going to be key card entry ways where staff is going to have access to each of the spaces.
There will be security cameras throughout the space as well.
And the parking lot will be well lit for any evening or overnight visits.
Okay. And can you just briefly explain how a patient may learn about the birthing center?
So we take pride in our networks and connections and collaborate collaborative partners.
So if it isn't through their insurance, it would be by way of referral.
We also will be embarking on a very rigorous marketing campaign.
We've garnered support from earth workers and civic leaders who are in this line of
work as well that understand, you know, the importance of this particular service line,
especially with the closure of Hahnemann Hospital and now having to give birth out of six sites as
opposed to the once seven. And so we look forward to be able to providing the service for women of
Philadelphia. Okay, thank you. Now, Ms. Garland, in your opinion, as a public health professional,
Will the grant of the variants have a negative impact on the public health, safety, and general welfare?
No, it would absolutely work to enhance community wellness.
Thank you.
And in your opinion, will the grant of the variants substantially or permanently impair the appropriate use or development of adjacent properties?
No, we feel that this would certainly be able to enhance the Woodland Village Plaza,
The Woodland Village Plaza, the space that we are talking about here, has been vacant for some time,
the space that we are talking about here has-
and again with this unique and new service line, coupled with our adjacent health annex clinic
that we'll be talking about a little bit later, we'll be able to again promote wellness for
families throughout Philadelphia. So in your opinion, the grant of the variance to allow
the birthing center will alter the essential character of the neighborhood? It won't alter
the character of the neighborhood. We look forward to enhancing where we are. We've been here in this
space, again, with our health annex clinic for about 15 years. We serve 24,000 patients across
Philadelphia at the health annex. We take pride in being a community stakeholder, and so we look
forward to community partnerships to help steer this project along the way and thank you and
finally uh miss garland in your opinion will denial of the variance create a hardship for
resources for human development and fpcn yes it will we've come so far this has been a five-year
conversation and a five-year journey for us and um granting this variance will absolutely
allow us to be able to provide this service to, again, to join in others who are working to combat
maternal mortality here in Philadelphia, specifically for women and families of color.
Thank you, Ms. Garland. With that, I'd like to have Rebecca Bixby.
Briefly, Ms. Quigley, not to be rude, we got support letters from, you know, the community.
so right okay thank you i would like to hear also from the council person if it's possible
okay great thank you um so miss bixby can you just um briefly give us some background your
educational background bixby can you uh please identify yourself for the record
Yes. Hi, Rebecca Bixby, R-E-B-E-C-C-A, last name B-I-X-B-Y.
Thank you. You swear to affirm to tell the truth, the whole truth for nothing but the truth?
Yes, I do.
Thank you.
So, Ms. Bixby, what is your position with RHD FPCN?
I'm the executive clinician and director of primary care for FPCN.
And can you explain your educational background?
I am a nurse practitioner. I received my master's degree from the University of Pennsylvania as
well as my bachelor's degree there. And can you explain briefly what your responsibilities and
duties are with RHD? I oversee the primary care department, which includes prenatal care.
I coordinate with our other departments across behavioral health, integrated behavioral health,
and dental care. And what is your experience with women's health and health issues?
I was a prenatal care coordinator and women's health nurse over 15 years ago and I have overseen
again primary care and prenatal care programs for the last 10 years. I gave birth in a birth
center five years ago and we have been working very closely with our midwives
and other colleagues and consultants on this project. Thank you. With that I would like to
qualify Ms. Bixby as an expert in her field. Thank you. Thank you. So, Ms. Bixby, can you
briefly explain the model on which the birthing center is based?
Yes. So, FPCN is very well positioned to open this birth center with the collaboration of an
experienced federally qualified health center with wraparound services that are community
located and community-specific, combined with our 14-year partnership with Penn Family Medicine
as our prenatal care provider, and the midwives who have been trained to attend births at the
University of Pennsylvania. These midwives will now be able to provide prenatal care
and attend births on site in a family-like atmosphere, a home-like setting for our patients
with wraparound services, including labor support with doulas.
So can you just tell the board who would be staffing the birthing center?
So there would be nurse practitioners who have an additional certification in nurse midwifery.
There would be nurses, medical assistants, and labor support in the form of fully trained doulas.
And for the postpartum, there would also be nursing support, lactation counselors, social workers, and behavioral health.
lactation counselors, social workers, and behavioral health counselors.
So are there additional certifications required to staff the birthing center or birthing room?
Yes, so the additional certification for nurse practitioners is in nurse midwifery. There is
also additional training. We're collaborating with our Penn partners on emergency response
and acute care training simulations, and they will also have the opportunity to rotate on the
labor floor for additional training. And can you just go through how a birthing center is
different from a hospital and explain to the board how the birthing room is set up?
Yes. So I would say three main reasons. First is this is not open to the public. This is only for
women who are known to our labor team with scheduled births. So this is not someone coming
in and we're throwing the kitchen sink at them with high medical interventions. As Lakeisha
mentioned, this is a low-technology, high-touch, and high-trust relationship. This is not high-stakes
acute care. This is a home-like atmosphere and environment that is professionally staffed and
safe to provide a supported birth experience with wraparound care services, and that's the way it's
set up. Okay. Can you just explain to us what the protocol is if a patient goes into labor?
So once a patient is in labor, they would contact their care team. They would be assessed and
evaluated for readiness to labor on site. And once that is determined that they are ready
and prepared for the birth experience, we would activate the labor team who would come in,
open the center. If it is after hours, they would make sure that everyone is available,
that security is on site, and then the labor team would assist with the birth.
And how is a patient cleared to go home after delivery?
Typically, the stay is anywhere between four, minimum four to 12 hours. And there are assessments
both for the mother and for the baby to clear both to be ready to return home after the delivery.
And can you just explain briefly what the protocol is in place if an issue arises during delivery?
Absolutely. So here's where we have the advantage of our relationship with our Penn partners.
We are 3.1 miles from Penn, 15 minutes with traffic, and we will have signed agreements
with EMS. We will also have backup agreements and an algorithm to be able to contact the
Penn-Presbyterian transport team in addition to agreements with Children's Hospital Philadelphia
for newborn transport. Thank you, Ms. Bixby. Now, in your opinion as a health professional,
will granting the variance for the birthing center have a negative impact on the public
health, safety, and welfare? Absolutely not. And in your opinion, will the grant of the
variance substantially or permanently impair the appropriate use or development of adjacent
properties? No. And in your opinion, will denial the variance create a hardship for RHD FPCM?
Yes, it would. Thank you. Chairman Plaza, I just have one more. It's the Executive Director of
the applicant, Ms. Emily Nichols, and she will be brief. Thank you.
Ma'am, can you please identify yourself for the record?
yes good morning my name is emily nichols last name n-i-c-h-o-l-s
thank you do you swear from to tell the truth the whole truth for nothing but the truth
i do thank you please proceed miss nichols can you just explain what your position is at rhd
sure i'm the executive director of family practice and counseling network
and explain briefly your educational background sure both my undergraduate and graduate degrees
are in public health, my undergrad from Johns Hopkins University, and my master's degree
from Emory University.
And can you explain what your responsibilities and duties are with RHD FPCM?
Yes, I am responsible to ensure our mission and values are carried out through all of
the work that we do, including the delivery of all of the services we provide, and to
ensure compliance, fiscal stability, high quality, and comprehensive care, and high degrees of staff
and patient satisfaction. And what is your experience with women's health and health
issues? My entire career has been in federally qualified health centers, where part of our core
services always include health care, women's health care, prenatal, and family planning services.
Thank you. Now, RHD runs another health center at 6100 Woodland Avenue, correct?
Thank you. Now, RHD runs another health center.
And how long? I know Ms. Garland said 15 years you've been at that site.
Correct.
Okay. And what is the mission in providing a women's health care birthing center for RHD?
To provide person-centered, integrated, and comprehensive women's health, prenatal, birth, and postpartum services in an anti-racist, trauma-informed, culturally competent manner that promotes resiliency and well-being, and to provide access and birth choices to members of the community.
And if the variance is granted, what is your anticipated date of opening the birthing center?
The process will take about 12 to 18 months for completion.
So we are hoping for late summer, early fall of 2022.
And in your opinion, as a health professional, will the Granite variants have a negative impact on the public health, safety, and welfare?
And in your opinion, will the Granite variants to allow the birthing center alter the essential character of the neighborhood?
No, our hope is an intent to not to alter the character, but to enhance it and to serve it.
And in your opinion, will denial of the variants create a hardship for RHD-FPCM?
Yes, we are responsible to provide access to high-quality, culturally competent care
to underserved communities, which this project, the Women's Health and Birthing Center, would do.
Thank you very much.
Thank you.
All right.
Children, do you have an available France-Pierre?
yes can i hear from france pierre please thank you
good morning mr chairman board members identify yourself for the record sir
yes can everyone hear me yes wonderful uh france pierre council member johnson's office
uh legislative assistant that's f-r-a-n-t-z last name pierre p-i-e-r-r-e thank you mr
Do you swear to affirm to tell the truth, the whole truth, for nothing but the truth?
I certainly do.
Thank you.
Please proceed.
Council Member Johnson does join the community in their support of the appeal.
Awesome.
Thank you very much.
Thank you.
Is there anyone else here in this matter that would like to speak?
Mr. Palazzo, I have Craig Melodosian.
I will allow him to speak at this time, sir.
Thank you.
Mr. Melodosian, please identify.
Good morning.
and please identify yourself for the record. Good morning. Craig, C-R-A-I-G, Melidosian,
M-E-L-I-D-O-S-I-A-N. I'm the coordinating RCO with the 40th Ward Republican RCO in this matter.
Can you swear and affirm to tell the truth, the whole truth, for nothing but the truth?
I do. Thank you. Please proceed. There was a significant
voluminous medical testimony this morning. I wanted to speak to the issues of real estate
in reaffirming that this is a vulnerable community, not only health-wise, but economically.
This is one of the two major shopping centers supporting the Lower Southwest Planning District
that's at the east end of the district. It's approximately 103,000 square feet. It was ravaged
last year during social unrest. I believe approximately 50,000 square feet of the center
is still vacant. That does not include additional tenant space, which is being refitted out by the
original tenants. The health annex, which I believe is still vacant, consists of approximately 19,000
square feet. The new development coming in, the Women's Health and Birthing Center would give us
an additional 8,800 square feet. I know that normally planning commission does not consider
economic issues, but this is a blue chip tenant that would be contributing to the revenue stream
of the center with such a significant vacancy factor. This is absolutely critical to the
survivability of the center and which positively impacts the commercial corridor along Woodland
Avenue. Additionally, while in a meeting this morning with one of the affected RCOs,
Eastwood Community Network and the Chief of Staff and District Manager for Congresswoman Scanlon's
office, we learned that there are some discussions for the repurposing of the Penrose Plaza, which
is our two non-shopping center use, which is our other shopping center at the west end of the
district. Were that to happen, it makes it even more critical that we be able to maintain this
shopping center as a viable service point for the community. I just wanted to say we absolutely
I just wanted to say we absolutely wholeheartedly support this.
wholeheartedly support this and during another lifetime.
And during another lifetime, I served in a clinical capacity in what we sometimes affectionately
refer to as the area's tri-state medical mecca, University of Pennsylvania, the hospital,
which is a partner in this.
So for another reason, I absolutely wholeheartedly personally support this and hope that you
will also support it.
Thank you to the board.
Thank you, Mr. Melodosian.
Thank you.
Anyone else?
No further hands at this time, Mr. Pleasant.
Thank you.
Does the board have any questions?
Yes, Mr. Chairman.
It may have been mentioned earlier.
What is the days and times of operation?
Ms. Garland, would you like to handle that?
So the days and times of operations for the Women's Health Center is generally from 9 to 5.
We also will allow and operate during the evening hours as we need to.
For the birthing center, the birthing center generally will be by appointment basis.
Thank you.
Anyone else?
Planning Commission.
thank you mr chair ian hegarty for the philadelphia city planning commission
members of the board the zoning map was amended in this area in 2014
the comprehensive plan which followed recommended no change to the icmx zoning
we feel that the proposed use is consistent in scale and impact with other existing and
permitted uses in the shopping center and in icmx districts in general the use also supports
the comprehensive plan goals to support the woodland avenue commercial corridor and so the
city planning commission would recommend that the board grant this variance thank you calendar number
mi 2020-003410 6100 woodland avenue my vote is yes my vote is yes my vote is yes thank you good
luck chairman plaza may i enter our exhibits any additional materials into evidence please
Yes, you may.
Thank you.
That concludes my business.
May I please be excused?
Thank you.
Everyone have a wonderful day.
Likewise.
Next one up.
It's MI 2020-0034118401 East Roosevelt Boulevard.
Mr. Pine.
good morning again mr plaza good morning again uh you still under oath uh please identify
yourself for the record certainly jared klein k-l-e-i-n from blank rome 130 north 18th street
thank you do you agree to waive the reading of its refusal and stipulate to its accuracy
yes i do have you emailed an exhibit packet with the required documents proof of ownership
proof of tax compliance copy of the refusal or referral photos and plans five days prior to this
hearing yes also have you met with the rco and have a letter yes thank you please proceed thank
you uh so this uh is an application for a 401 east roosevelt uh the application is for a uh
lot adjustment uh to create two lots from one existing lot uh and the refusal that we received
It is based on the fact that one of the to-be-created parcels would be landlocked, and because
the parking that's being moved around and where the setbacks of the existing buildings
were, were not code compliant following consolidation.
Just to be clear, there's no change to the location, height, or area of any of the two
structures that are on these lots.
This is a meets and bounds change only, with the existing uses to remain.
In terms of the existing uses, lot one will have a nursing home with 160 parking spaces.
Lot two will have an age-restricted senior housing for 50 units and another 25 parking spaces.
Again, those are the existing conditions.
I think I can most easily explain it for the board with this aerial view.
This is your property here.
As you can see, there's only one entrance off of Roosevelt Boulevard to this plaza.
And so what we're looking to do is separate the two into two separate lots.
There is an easement that is currently recorded and runs along the rear of the property to provide access.
So we will be able to independently enter and exit the Roosevelt Boulevard from the rear parcel without impacting the current front parcel.
So we will be able to independently enter and exit the Roosevelt Boulevard.
Here's the zoning map again and photos.
This is the Roosevelt Boulevard frontage of the property and a photo of our zoning hearing poster.
This exhibit is the preliminary plat approval from the Planning Commission.
We met with the Planning Commission on November 17th of 2020, and they preliminarily approved this plat design.
Here are the subdivision plans and the access easement that I was referring to earlier is this road here that then comes around back behind the property, giving both the front parcel and the rear parcel access to Roosevelt Boulevard.
I also included within the materials both the deed and the currently recorded easement.
I won't take the board's time to go through it, but here is a map showing from the historical
deed record where that easement sits, and it's for the use of both properties.
We met with the RCO just last week, and a letter of support is included in the file.
Here it is.
As you can see, they noted that they received only positive feedback regarding the application.
And the RCO president visited the site with my client.
And his opinion was that everything was in order with what we were planning to do.
So with that, I'm going to ask John Unger to raise his hand.
John, if you're out there, hit that virtual raise your hand button for me.
Mr. Unger has been allowed to speak.
Can you hear me now?
Mr. John, could you please identify yourself for the record?
My name is John Unger.
I'm Corporate Counsel and Director of Planning for Newt Cortland, which is the property owner.
Thank you.
Do you swear for him to tell the truth, the whole truth, for nothing but the truth?
Yes, I do.
Thank you.
Thanks for proceeding.
John, did you have a chance to listen to my presentation this morning?
Yes, I have.
And although it was a very high-level, 30,000-foot view summary, do you adopt it as true correct
on your own?
Yes, I do.
Thank you.
uh mr chair we can certainly answer more detailed questions if the board would like but i think
given this support i will rest my presentation now thank you does the board have any questions
no thank you yes this is tanya if i could just request that mr unger spell his name on the
record please yes please mr unger please uh spell your first and last name for the record
sure my first name is john j-o-h-n my last name is ungar u-n-g-a-r thank you thank you chair
you're welcome uh is there anyone else here in this matter that would like to speak
no further hands at this time mr plaza thank you planning commission
thank you mr chair ian hegarty for the philadelphia city planning commission
comprehensive plan recommends no change to the existing zoning districts on the site
our recent subdivision as noted by council is creating some non-conformities which this
application seeks to legalize and clean up and so the city planning commission therefore
recommends that the board grant the variance thank you count the number mi 2020-003
8401 East
Roosevelt Boulevard. My vote is
yes. My vote is
yes. My vote is yes.
Thank you very much.
Take care.
Believe that concludes.
Is that correct?
Shania and Sharon?
Yes, that's it. That's everything.
That's great. Now that we have time,
we can start at 2 o'clock right now.
All right.
Mr. John Kelly, court reporter
how did it go for you? Thank you very much. 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, Mr. Jason Hand and board attorney,
Ms. Saren 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 that the recording will be made available to the public
and that the recording will be made available to the public on the web or otherwise.
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 i'll repeat that as well to enter an appearance
statement call google 267-270-5548 and leave your email address and the address of the property at
issue. I would also like to remind everyone, please do not attempt to testify in the chat.
Any comments should be directed to our Board Administrator, Mr. Jason Hand.
With that, I will read off a list of cases that have been requested to be continued. Number one
on our two o'clock list is MI 2020-001-309-109 Pleasant Street. The request for continuance
was by the attorney for the applicant. Number five on our list, MI 2020-003-159-2535
west lehigh avenue number six on our list mi 2021-000637-2626 west lehigh avenue is requested
to be continued councilwoman cindy bass his office is requesting a continuance for number seven on
our list, 2021-000730, 30 West Highland Avenue. Number 11 on our list, MI-2021-001329, 503-05
south 6th street and number 12 on our list mi 2020 that's 002036 539 north 22nd street
continuance was requested by the attorney if anyone disagrees with any of the cases that i've
just that i've just read off to be continued please raise your hand at this time excuse me
Chair, if we could call for the 30 West Highland case, I advise the parties that you would call up the attorneys and the representative of Councilwoman Bess.
Just to be sure that, thank you.
Yeah, I remember you talking, I just thought I was going to call them.
Okay, so would the attorneys for 30 West Highland Avenue, please raise your hand so you can be recognized.
they're being made panelists correct yes okay i understand uh no just allow them to speak
please yes okay i just need to speak mr burtel yeah okay mr burtel has been allowed to speak
there's also mr clinton and charles richardson
good afternoon um it should also be uh carl from there he's represented in this case
i just raised my hand just in case um you guys didn't see him yet
mr madera if you're out there please raise your hand he is out there i don't believe he had his
hand raised he has his hand right now is he being allowed to speak now yeah let's get let's give
to identify himself and then we'll go to Mr. Clinton and Mr. Richards. Yes, Carl Primavera,
attorney with Steven Bertel for the applicant. Carl, would you please spell your last name?
P-R-I-M-A-V-E-R-A. So I'll swear you in now. Do you swear or affirm to tell the truth,
the whole truth, nothing about the truth? I do. Mr. Bertel, are you also testifying?
uh no it'll be uh just carl for the okay okay let's get to mr clinton and mr richardson
good afternoon mr chairman henry clinton here henry please spell your full name for the uh
last name for the stenographer sure clinton c-l-i-n-t-o-n 1313 south 33
Sure, Clinton, C-L-I-N-T-O-N, 1313 South 33rd Street, Queen Memorial Building, 19146.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Mr. Richardson?
Good afternoon, Mr. Chair.
Charles Richardson from the Office of Councilwoman Cindy Bass, room 312, City Hall.
I don't know if you were on this morning, so would you mind, do you swear or affirm
to tell the truth, the whole truth, nothing but the truth?
Okay, thank you.
Mr. Primavera?
So, Mr. Chairman, members of the board,
this is a matter that's been through the Chestnut Hill Community Association.
I believe it's 20 meetings of the subcommittees and sub-subcommittees
and near-neighbor workshops.
I've been talking to the councilwoman.
She may have misunderstood what I said.
I said we would be prepared to go forward today,
and we desire to go forward,
but we don't have a problem if the board wants to hold the record.
But we certainly never agreed to a continuance.
And I think Stephen from my office and Charles have had that conversation.
I've been in direct conversations with Mr. Clinton to make sure he was understanding of our position.
So we're ready to go forward today.
So, Mr. Clinton, do you have anything to add to that?
Yes, Mr. Chairman.
I represent 220 residents of Chestnut Hill, at least 63 of whom are on the call today, and that number continues to rise.
There's 24 residences within 250 feet of this property.
I represent 20 of those individuals.
So we're requesting a continuance to join in with Councilwoman Bass for a number of reasons.
One, this is the first time that a continuance has been requested that I'm aware of.
and out of typical courtesy, that usually is intended to have a continuance.
Also, this building is involved as a significant contributing building
to the Chestnut Hill National Registry District.
It has a longstanding history in the neighborhood.
And it's an unusual situation.
As Mr. Premier Barrett said, there were 20 meetings,
but the individuals who have participated in those meetings
and voted on the proposition for the project
are members of the association, Chesson Hill,
who don't even live within the 250 feet of the property.
And that's why it's concerning that the people who are most impacted,
and this is something the board always looks at,
what do the near neighbors have to say?
They really have been heard, but have been shut out of the vote process.
Okay, let's hear from Mr. Richardson,
and then we're going to be number seven on our list
and we'll discuss this further at that time.
Mr. Richardson?
Yes, Mr. Chair.
Councilwoman feels like further conversation
between both parties would be beneficial.
The sheer number of people that are against this project,
in fact, all of the near neighbors are against the project,
but unfortunately, the way that the Chestnut Hill
community association's RCO process works is that they elect folks that will vote on these projects
and they will not be the ones that actually live near the project. So she feels like if the folks
are not allowed to be represented today, then she will vote to oppose this project and outright.
right but she would like to have a continuance to allow them to at least have some more conversation
more dialogue in order to make this uh make this a more smoother process all right we'll wait till
we get to it but this might be an opportunity for us to have the hearing and then have a resumption
hearing we'll wait till we get to that we have a few other cases ahead of you thank you thank you
Thank you. Also, is there anyone here for 2167 East Cumberland Street?
2167 East Cumberland. Anyone representing that case?
I got a number of hands going up right now. I only want the person who would be
uh the applicant or representing the applicant because we've not received any exhibits
christopher pepper i believe
i would ask that all put their hands down unless you're here for this particular case thank you
okay i got mr albert jeng with or mr uh michael mallory with his hand up i will allow him to speak
Now, sir.
Okay. Good afternoon, Mr. Mallory. Please identify yourself at the records by your first and last name.
Good afternoon, Mr. Mallory.
Please identify yourself with records by your first and last name.
Good afternoon, Mr. Chairman, members of the board. It's Michael Malloy, M-A-L-L-O-Y, for Mr. Zhang, 2167 East Cumberland Street.
Our exhibit packet should have gone over twice, actually, because we sent the RCO letter of support.
I'm sorry.
We can't wait for that.
Hold on, please.
I'm sorry, could we swear him in first?
I'm going to swear you in, sir. Please, you swear for him to tell the truth, the whole truth,
nothing but the truth? I do. I do. Sorry about that. Please proceed.
My apologies. So I can have the exhibit sent over now. My understanding was they came in
last week and that we supplemented with the RCO letter, which just came in a couple days ago,
of support. My understanding is they didn't get in last week, but Ms. Saleta?
If they're in, I will look for them. I didn't find them the first time, but
there may have been some technical problem. I am emailing Ms. Mariano from my office who
sends them in. So I will do that right away and I will get them to you again if possible.
I think I may know what the problem is. Ms. Mariano sent you an exhibit for another case. Also, it went to the wrong email address. It didn't go to the one on the instructions, Saletta CPA. If it is in my other email box, I will find it.
That could be it. I apologize. Thank you.
Sharon, we're okay to go?
Okay. All right, sir. Just hang in there. We'll get to your case.
Thank you.
At this time I will ask if there's anyone who is requesting a continuance or withdrawal
that is not yet been put in the record. Anyone else can ask requesting a continuance or withdrawal
please raise your hand. Mr. Alan Ockamson has his hand raised I will love to speak now sir.
Thank you Mr. Ockamson I'm not sure if you were on this morning so please identify yourself and
I'll swear you in. Yes good afternoon Mr. Chair Alan Ockamson A-L-A-N last name
Jim Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia PA, 19109.
Were you sworn in this morning?
I was not.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Please proceed.
Yes, this is regarding 2535 West Lehigh Avenue.
Our understanding is that there has been a request for a continuance by the coordinating RCO.
Through no fault of their own, they have been unable to meet with us. I know their calendar is pretty strong and expansive, but this would be the second continuance, and the first continuance we readily agreed to.
since the hearing we have not heard back from the coordinating RCO despite multiple attempts
we did have an originally a community meeting date in February we didn't get the zoom information
until a few days before the community meeting that's when we sent out our notice they asked us
to postpone it because many residents did not get the community meeting notice which is completely
understandable given you know the situation in the mail service nowadays um but you know my client
has been waiting for some time to have this heard i would ask that if we can you know have a new
hearing date within a month or to have a resumption hearing um i would respectfully request that
i guess there's the answer to the question about by the end of the month it's probably a no but
No, not the end of this month, obviously.
I mean, within a month.
No special listing by Friday, but I meant within a month because I know that there's
a lot of development going on around there and, you know, Strawberry Mansion, you know,
so we're not faulting them, but we do need to have this matter heard in front of you.
Understood.
Ms. Sunkit?
No, Chair.
Unfortunately, we're scheduling in September.
the best way we can do this is a resumption hearing is that correct or hear it and then
yes and if we do we can do a resumption for june 9th at 2 p.m all right just before we get to that
before we do that mr knockinson let's wait till we get to your case and we'll see if anyone else
is on the line for that all right thank you all right thank you anyone requesting a continuance
or withdrawal, please raise your hand.
I see no further hands at this time, Mr. Chair.
I see no further hands at this time, Mr. Chair.
Okay, thank you.
Okay, thank you.
With that, we can go to our 2 o'clock list, the add-on.
MI2020, that's 003245, 2406 North 2nd Street.
We were waiting for a letter from the RCO.
Sharon, we're okay on this case, correct?
This was, you know, in, I'm sorry, you must not have received the email that I sent right
before the hearings. This one, you're going to hold for another week before voting.
I'm sorry, do I have a specific date or just till next week's executive session?
Next Wednesday at two when you are there.
So this case, MI 2020-003245, 2406 North 2nd Street. This hearing is held until
what was that next tuesday you said next wednesday next wednesday i'm sorry wednesday is the may
what is that date
but i can't believe it's
it's may 5th
thank you may 5th at 2 o'clock p.m okay and here i did find the um exhibits for cumberland
they went to the wrong email address but i have them now okay thank you very much uh
i believe with that we can begin our cases number two carol okay did we do all the add-ons 1 5 6 11
and 12? No, there's only one. Right. I see. I misread it. I totally misread it. No problem.
Can everybody hear me okay? I can. Okay, cool. Yes, you sound fine, Chair. Okay. Thank you,
Ms. Sunkett. Calendar number 2521-1300 South 50th Street. The attorney is Sherman Toppin.
All right, Mr. Toppin's hand does one up, and also a Ms. Diane Settle's hand went up.
Do I make them both panelists?
No, just the attorney.
Okay, right away.
Mr. Toppin has been promoted to panelist.
Thank you. Mr. Toppin has to be unmuted. Mr. Toppin, can you put your name and address on
the record and spell your last name, please? Yes, my name is Sherman Toppin, S-H-E-R-M-A-N-T-O-P-P-I-N.
The address is 1800 JFK Boulevard, Suite 300. Do you swear for him to tell the whole truth and
nothing but the truth? I do. Have you mailed? Do you also agree to wave the reading of the
refusal and stipulate to its accuracy? I do, yes. 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?
I have, yes, and we have. Okay. We do have letters and two that we'll be discussing
uh throughout the course of during the pendency of this uh proceeding okay great you may proceed
um well good afternoon mr chair and members of the board um i do have my client
on taisha church she is to be she should be somewhere already in this holding
i'm not sure if we can do this i have her hand raised okay or panelists uh no what is she needed
for sherman oh i just want to make sure that she was present okay just you can just unmute her
jason okay she's ready okay um members of the board this matter is a this is a refusal for
the purposes a particular property at 1300 south 50th street is a two-story structure it's at the
it's an end unit of an on a residential road street the the top floor is basically a two-bedroom
apartment that doesn't concern our particular zoning application the lower floor is what concerns
our particular zoning application the lower floor is what concerns this lower gap lower this
this lower
application in the lower floor we have we are pursuing um two p two changes one uh the way the
particular property is configured on the first floor mr toppen excuse me uh did you have to
share your exhibits with us oh i'm sorry i'm sorry can i um i have them right here
is it to be short screen share let me see here there it is i see the button now
can you see my exhibits at this point yes yes we can okay so this is the subject property 1300
south 50th street uh miss church who i just mentioned is the owner of this particular
her property her family has owned this property for over 30 years and this and we'll just kind
of walk through the exhibits that we've got here so in front of you is the exterior of the property
the zoning application that we are going to be discussing concerns the first floor where it says
1300 in that in that first floor there we will go our exhibit one is basically the refusal and in
refusal we are seeking we're proposing the use of assembly and entertainment with personal service
on that first floor and we'll begin to talk about exactly how that first floor is configured
in just a few moments um excuse me mr toppen i'm sorry for interrupting but
i just want to note that the refusal that's included in your exhibit packet
is i believe not the current refusal that was from 2019 there is one after that i have a copy of it
but there were two bases for refusal it was personal services and assembly and entertainment
that is correct i'm sorry my parallel it's the same exact refusal i think i think it's the same
the same questions we're looking for same but yes no it's fine i just wanted to be sure you
got both variances uh that both of them are before the board okay great thank you so i
I apologize for this particular exhibit,
which is outdated here.
Our application for appeal is here,
which we've already discussed.
Well, I'll move to the pertinent part.
And the pertinent part of our exhibit really begins,
this is our deed.
I'll travel downward.
I wanna travel to the pictures.
And then we can begin to talk about the uses
that we're seeking.
Okay, this is our tax cert.
Okay, so here, this exhibit here shows the floor plan of the premises.
Here, this is a sheet A1.
Here, you can begin to see from the second floor again, it's just an apartment which doesn't concern our particular zoning application.
But the bigger picture that runs along in this area is where all of the action is.
here where it says the property is 16 foot wide there's a there's an open door that goes into a
wide a large what's being marked as an event room in this event room is where my client conducts
dance studios she's a has a profession she teaches dance to children into different groups
in this open area it's just there's no construction needed in this application it's just an open
area it's about 40 to 50 people if it's when there is an event in this space but it's just
wide open and we'll show you some pictures in a moment as you move back to the property there is
a kitchen a commercial kitchen that has historically been there for um back in really over in the 80s
the mother had this as a takeout sandwich shop and that kitchen has been there historically
and is still there today and what they're using this kitchen for is when there is an event and
there's not a dance school or dance class being taught then they can do small gatherings for you
know church events or or children's events that happen that arise out of the people that she
teaches dance to and then there's the backyard and garage so that is the length of the place
the partition of personal use will be happening in the event room area and the the second the
assemblies and the assemblies portion of our application is when there is an event in that
same area where it says event room is where there will be small gatherings of some of a different
variety involving generally the children and the folks in the community who will want to rent this
particular space. I've also have as a second part of plan site plan a2 here is just a basement where
is just a basement where no activities or change will occur. In this particular,
no activities or change will occur in this particular
and we met before the RCOs, we basically discussed at length exactly what will be
happening and there will be no activities happening in any space but the top floor.
So here's a picture, if it's in front of you, of what the inside of that open space looks like.
So here is the dance studio. Simple, open area, mirrors on one side, and the dance apparatus is there. This is where the personal use will be. The picture beneath that is the commercial kitchen, which is immediately behind this wall.
So if you swivel around 180, you will see the dance studio on one side, and you go around it, and you see the kitchen on the other.
That is the extent of the operation.
There is no other area that this application pertains to or will be used for.
Here are pictures around of the premises, front, side, rear.
All of these pictures are just to give context as to what's there.
and when we first when we received our refusal and this particular this particular case has had
two rco meetings the first rco meeting was earlier in february and in that meeting we met before
members of the community as well as the lead rco which is southwest uh philadelphia district
services and also concessing area civic association there were those probably two rcos
where they had the most presence in that particular meeting.
It came to be that we did not have the client did not post the orange poster on the premises
because they didn't get it and they didn't realize it.
And so we postponed and continued this to today.
Since that time, the client received, timely received the zoning hearing notice poster,
posted it on the premises, and this particular notice to applicants was sent
to the the the numbers of individuals that had to be receiving it uh giving them information
as to the time place not only this but also of the rco meeting and here is the letter and these
are the addresses which came straight directly from the website where you uh these address these
addresses were pursued were basically populated as you would expect right from the website and all
I think 82 different residents received notices of the zoning RCO meeting, and in fact, both of them.
And we certified to that in Exhibit 12 here.
And this is our verification of our notice sent to all of these near neighbors.
So in the RCO meeting, I would like to sort of give the chair an overview of what took place and the issues that were encountered.
It was over two and a half.
Excuse the interruption again.
Could you make that a larger?
Oh, okay.
I'm sorry.
I can do that.
Excuse me, Chair.
I just emailed the three letters for this to each of you, if you're able to open your email.
So this is a letter.
this this last this last letter here that I just opened up is my confirmation email to Mr. Mike
Ross who is the president of Southwest Philadelphia District Services in which he at the end of that
meeting required us to sit basically to list out the five points of the proviso that we negotiated
in almost 45 minutes of the two and a half hour RCO meeting. In that meeting the members of the
community i think that there was a vote of all the members there it was unanimously in support
except and one abstained so i think there was 12 people on the call um one abstained and the rest
voted favorably all rcos were involved in this particular meeting they they did not want there
to be any hookah bar use on the premises they did not want alcohol served on the premises they did
not want they wanted security to be present on the premises for any events that would take place
half to 10 p.m. no more than 50 persons in any of the events that would be there and their hours
of operation would be limited on um on the monday through friday no longer than 10 or i'm sorry
sunday through thursday no later than 10 and on the weekends no later than 12 a.m and in that
particular meeting all issues were discussed as far as my clients her business what she does there
the children and folks that she teaches dance to there, what events would look like, who would be,
you know, what members of the community could come there to participate in her events and services.
Her, she's let her, she's articulated in that RCO meeting that her premises
would be open to community events of any kind, even not involving the dance, but just as it
would be open to community events of any kind, even not involving the dance, but just as a venue for neighbors and the local church.
She mentioned also that there would be no alcohol served on the premises and she would not permit people to bring their own.
She also, we spoke a lot about parking. There were issues in the RCO meeting about parking restraints in this area.
all the RCO members that were present and the members did talk about that there was some parking
issues in the neighborhood but people were out or people had to you know park where they could
she has been she has not had any issues with parking there is no parking on her particular
site and there's no designated parking elsewhere there's a school lot that's left open that some
people park at at nights which alleviates any parking issues it's not you know relevant to
to my client's particular use but it is present there she mentioned that most of her most of her
kids are dropped off by parents who leave and don't park and then others can take public or
uber to her site so parking was not an issue uh as we presented it and even though it might be an
issue with the community people do not perceive it to be an issue the way she plans to use the
premises. And as a result of all of our presentation to the RCO and dealing with their particular
concerns, this proviso language was discussed in the meeting, written down, and we received a vote
in support. And I think the letter from Southwest Philadelphia District Services in support
articulates that. What I received a day ago, April 26, 2021, at 1 a.m., was a letter from
diane settles i guess who voted in favor and to approve the proviso and the use in the rco meeting
a day ago i received a letter in which she reverses her support to oppose with with a
rationale that does not that doesn't that basically lists the same issues we discussed
that brought about her favorable vote originally and and i don't know if there was another
a meeting of concessing area civic association after the fact where we were not invited to come
and present to whatever whoever persons were involved in the reversal but we were surprised
by this vote because diane settles herself voted in favor of this and negotiated the proviso on
behalf of her association and members of her association voted in support as well so this is
an odd and a new thing for me to experience in that there's a reversal of support a day out
after an RCO meeting. So with that, I did want to allow my client to just affirm what I've
indicated. We believe her use is very needed in the community. That was brought out. There was
a variety of folks that testified in her support, local pastor, neighbors, and they were all very
strongly supportive of the family and of the uses here and the proviso carved it down with such
with such specifics that we feel that this use would not only benefit the community but it would
be simply no would would create no problems that the uh that king sessing's original association
would be concerned about but that's it you can get your client to adopt your testimony then we'll go
from there yes so um miss church have you been listening to everything that we've been that i've
been saying on your behalf miss church yes please identify yourself first and last name spell both
first spell both your first and last name good afternoon my name is taisha church and you spell
my first name t-y-e-i-s-h-a my last name is c-h-u-r-c-h do you swear or firm to tell the
truth the whole truth and nothing but the truth yes i do thank you mr toppen yes i'm miss church
it's good to have you here did you were you able to listen to and hear everything that i've just
testified to on behalf of the the use that you're proposing for 1300 south 50th street yes i heard
everything that you said and do you agree with the content of my of my testimony on your behalf
Yes, I do agree with everything that you said.
And have I omitted anything that you find to be important or is there anything that you would
like me to edit or correct while you're here to testify?
No, I believe that you hit all points that we already discussed with everyone.
And would you like to have my testimony adopted as your own with respect to these proceedings?
Yes, that will be fine.
Thank you.
Thank you. Any questions from the board?
No. Anyone else would like to testify in this case, please raise your hand.
no anyone else anyone else would like to testify in this case please
Excuse me, Chair. I wanted to add that we had an email from Andrew Goodman this morning saying that Councilwoman Gauthier is requesting one additional proviso, and I'll read from his email.
We believe that one additional proviso that could be helpful would be stating that the assembly and entertainment classification is to be exclusively used as a small catering space.
that's it okay thank you all right anyone else to testify in this case please raise your hand
mr chair i have a mary ellen caffrey with her hand raised i will allow her to speak now if that
is all right please miss miss caffrey please identify yourself spell your first and last
name I'll swear you in. Hello? Hello. Your name please spell your first and last name. Mary Ellen
Caffrey. Please spell your first and last name. M as in Mary A-R-Y capital E-L-L-E-N capital C-A-F-F
like frank r-e-y do you swear or affirm to tell the truth the whole truth nothing but the truth
yes and your address ma'am 38 west highland avenue
uh are you here for this 1300 south 50th no i'm here for highland avenue you need to wait ma'am
I'm sorry, I'm going to hit the wrong button. Excuse me.
No problem. Okay. Anyone else to testify in this case?
Mr. Chair, I have a Diane Settles with her hand raised. I will allow her to speak right now.
Okay. Thank you. Ms. Settles, please identify yourself. Spell your first and last name.
Ms. Settles, unmute yourself.
Good afternoon. My name is Diane Settles. My first name is spelled D-I-A-N-E.
My last name is spelled S-E-T-T-L-E-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do affirm, sir.
Thank you. Please proceed.
I'm representing King Sesson Air Civic Association.
I am the person that sent in the letter of opposition, and I would like to speak on that.
I attended both of those meetings, RCO meetings for this property.
It was I that brought to the attention to the lead RCO that there was no zoning notice posted on this property for the first meeting in February,
I feel that had I not put it to their attention, it would have proceeded anyway, which it did,
even though the zoning notice was not posted. We went through with the first meeting, there was
not a lot of community neighbors there, but it was neighbors. It was not neighbors, I'm sorry. It was
people who were there to, as Mr. Tobin had told me, that were there to lend their support for this
particular applicant, even though they were not members of the community. The provisio that was
given, it was necessary in order for the community to approve this zoning here. As far as the hookah
bar is concerned, that is in reference to my community that suffered a hookah bar that took
us two years to get rid of where we had to go through the court on this eba and all um in order
to do it so that part i'm fully aware of and i just wanted to bring that to attention of why it
was such an important uh my letter of opposition um that i did send out which was one day from
today that is true is because um it fails to mention all the proviso anything about the personal
fitness movement that is supposed to be there and there's no benefit for the community there at all
because it was never discussed by the client or her lawyer what the benefits would be for this
other part of the zoning that they are going for. We were never supplied any letters of reference
of the applicant's prior employment as a dance instructor at all.
We had raised this question in the chat, but it was not addressed.
So if everything that's on this provisio is a benefit to the client,
there's no benefit to the community.
there's no benefit to the community. And when I think of a benefit to the community
And when I think of a benefit to the community,
as a dance studio, you know, where is the discount that should be given to children in that community?
That's something that's not enforceable by us. Yeah.
No, what I'm saying, what I'm saying is because that is part of the application, where is that in the
are you are you opposed to the are you opposed to that so on behalf of the community you know
what is going to be given back to the community the reason i think i think excuse me i think
members of the community could probably enroll in a dance class yes that is true the members of the
community could enroll but what we are asking for where i don't see anything for the community
I'm sure anyone can involve, but as far as being in that community, what are you giving back to the community?
That is beyond the realm of what this hearing is about.
It's about the use.
Are you opposed to the use that is being presented?
You can unmute yourself again.
This deals.
All right.
Well, wait.
Wait, anyone else to testify in this case?
No other hands at this time, Mr. Chair.
Thank you.
Planning Commission?
Good afternoon, Chair and members of the Board.
Ian Litwin, Planning Commission staff.
Ian, were you on this morning?
No, I was not.
Okay, so I'll swear you in now.
Do you swear or for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you.
Please proceed.
the comprehensive plan recommends no change to the residential single-family zoning at this
location however this corner building was constructed with a commercial first floor
city planning commission recommends the board grant advances with provisors thank you very much
i'm sorry chair uh before you proceed may i ask that mr litwin put his spell his whole name on
the record sorry uh ian ian litwin l-i-t-w-i-n planning commission staff thank you and chair
I just wanted to mention we have a totally new court reporter so if we can do that for everyone
that would be helpful. Understood. Thank you. Thank you. MI 2020-002-521-1300 South 50th Street.
My vote is yes with the following proviso. Assembly to be exclusive to catering.
hours of operation
Friday and Saturday to cease at midnight
Sunday through Thursday
hours of operation to cease
at 10pm
Sharon did I leave anything else out
because the rest doesn't look like to me
doesn't look like it's enforceable
no that's exactly right
okay thank you
okay my vote is yes with proviso
yes with proviso yes with proviso yes with proviso
to cumberland street next calendar number 2021 2167 east cumberland street
and we're looking for christopher pepper it was an attorney if i recall
no exhibits first listing yeah um sharon has the exhibits sharon has the exhibits
they were sent to the um wrong email address but i do have them now and it's michael malloy is the
attorney mr malloy okay you've already been sworn in mr malloy can you put your name and address on
the record, please, and spell your last name? Sure. Thank you very much. It's Michael Malloy,
M-A-L-L-O-Y. We're at 15, it's Obermeyer, Redmond, Maxwell, Hipple, and we're at 1500
Market Street, Suite 3400, Philadelphia PA. Do you agree to wait the reading of the refusal
and stipulate to its accuracy i do thank you and 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 albeit to the wrong address uh we did email that and now they are they have
arrived and we did meet with the RCO and the letter was included with the packet.
Thank you.
Thank you.
You may proceed.
Great.
Thank you.
So we have a very straightforward application.
Mr. Albert Zang is the owner, and he's on the line somewhere if we need him sworn in.
Mr. Albert Zhang is the owner and he's on the line somewhere.
Mr. Zang purchased the property located at 2167 East Cumberland in December of 2020.
And since then, he sought to pull licenses for what he believed was a legal two-family residence,
which is not permitted in the zoning district.
So when he went to pull that permit, his permit was rejected from zoning, and he immediately
filed for variance relief to allow the two-family unit to exist in the RS-A5 district.
So the property, if you allow me to share my screen.
Great, so if you can all see that, what was part of what we marked as Exhibit E shows
the site in the center of the sort of sea of yellow, it's at East Cumberland and Sepp
Sepp Viva Street. It's the gray block. The property had been used, as you can see,
this is the property. It's a nice brick three-story building. The property had been used
previously in the 90s and until some point before Mr. Zhang purchased it as a convenience store
on the first floor with a residential apartment on the second and third floors.
That's essentially the extent of the application. We would like the zoning hearing, the ZBA,
to grant a variance to allow what really is the continued residential use of the first floor.
And we have photographs of the area.
It's a nice residential area.
We have photographs of the interior marked as Exhibit F.
Mr. Molloy, did you share those?
That's it.
Share the interior?
Yep, sure.
You see the interior of the first floor space.
It was, you know, tastefully done.
It was well done, but done without proper zoning permit.
and when mr zhang purchased uh the space you can see the kitchen the living area
he was uh basically innocent of the well so completely innocent of this fact
and did not realize that this was not properly zoned until he went to do that himself
uh we did visit the community and that was on april 8th their letter of support
which they uh pretty much overwhelmingly supported the project uh we had three support and two uh
non-opposed and one person opposed but there was no
no reason that we know of uh the communities asked if we would please keep the sign which
Mr. Zhang is perfectly willing to do and the sign has become as they say a sort of a get the correct
language here from the letter sorry the zoom is blocking me but it's become a fixture in the
neighborhood and a point of interest at the core at that corner so we are perfectly willing to do
that and uh that's all of the information that i have for the zoning hearing board and we have
open for questions uh would you want to get your uh client to adopt your testimony yes sir uh if
mr zhang is on uh if we could just bring him and have him sworn in yeah mr zhang please raise your
hand yes i'm here and full name first and last name spell them sure first name albert uh last
name Zhang, A-L-B-E-R-T-Z-H-E-N-G.
We're a firm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Thank you, Mr. Malloy.
Mr. Zhang, were you present, and did you hear the testimony I gave to the ZVA?
Yes, I can confirm that.
And you confirm that it's truthful, and you adopt it as your own?
Yes, I do.
Thank you.
I have nothing further.
Questions from the board?
no anyone else like to testify in this case please raise your hand
Anyone else like to testify in this case, please raise your hand.
no further hands at this time mr chair thank you planning commission
good afternoon chairman members of the board Ian Litwin planning commission staff
the comprehensive plan recommends no change to the existing residential single family zoning
at this location however this corner building was constructed with a commercial first floor
City Planning Commission recommends the board grant advance. UMI 2021-2167 East Cumberland Street
my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes
number four calendar number 0728 2234 frankfurt avenue
there were two letters of support one from east kensington neighbors
and another letter of support from fishtown kensington area business improvement district
right so we know that going into this
name and address for the record please and spell your last name uh yes good afternoon
members of the board my name is alan knockamson of knockamson pc 123 south broad street suite 1600
philadelphia pa 19109 have you been sworn in from this morning i was not here yeah yes oh no not
this morning but i actually was at the beginning of the listing i was this morning this morning
Do you agree to weigh the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or 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, in all respects.
Thank you.
You may proceed.
I know you may share your screen.
I always try to be polite.
I know.
It's a drill.
I know it is.
So I'm going to keep it short just because I know that you guys have, like, done overtime on many occasions.
I don't know who stated it, but we do have two letters to support, one from ECNA and another from the bid on Frankfurt Avenue as well.
I'm just going to give a general overview so you can see what we do have.
This is the front of our proposed building structure.
It's a single-family structure on the 2,000-square-foot lot.
This is a CMX 2 property that's owned by Gator 1 Properties, Inc., and that's the deed to the property.
The legal description to subdivide it into a 1,000-square-foot lot on 2234, which is currently approved as commercial on the first floor and two residences above.
What we are looking to do is subdivide the lot and put and here is the tax clearance
certificate.
What we are looking to do is subdivide a lot and put a single family structure facing
on Blair Street which is not uncommon.
Really this should be known as 2233 Blair Street because that would be the address assuming
the board approves this zoning variance request.
There is a single family home at 2235 Blair and 2237 Blair.
where we're actually mimicking the single-family home on 2235, which is new construction.
But here's our notice of refusal.
Again, CMX2 property, 2,000 square feet.
We're being refused first because this is CMX2 property.
And because we're trying to put a single-family home on Blair Street,
we're getting a refusal because the frontage, the first 30 feet on the first floor, has to be commercial.
We're asking for a variance in terms of the zoning code.
And then the other is the de minimis, dimensional variance.
The occupied area here for the lot on what's considered Blair Street for the single family structure. Occupied area is 81.9%. Excuse me, it's 81.9% worth proposing. What's allowed is 75% de minimis under the circumstances.
here's our application for appeal
here we are in the neighborhood again just off of
Frankfort Avenue but as you can see and you'll see from the
pictures many in the lots on this strip on Frankfort Avenue
are subdivided between Blair Street and Frankfort allowing you for eyes on the
street on a residential street of Blair
Street here's our pictures front of the property from Frankfort
from the rear of the property from Blair to the right of the property on Frankfort to the left
on the property on Frankfort to the right on the property on Blair as you can see here's 2235 here's
2237 we're going to mimic 2235 in terms of new construction height and all to the left of the
property on Blair and then here are architectural plans and drawings just simply to go through
and then here are architectural plans and drawings just simply to go through
to go through it here's our site plan showing how we're subdividing the lot
to go through.
and then here are our floor plans
again you go through the front first floor open concept go up a flight of steps there is
this is a little more unique where they're going to have the master bedroom on the second floor
in the whole suite, and on the third floor, they'll have two bedrooms and their roof deck.
And here's just a rendering of what our property would look like if built.
Here's the property next door to us, and here's another property to the left of that.
And then, as indicated, we have two letters of support, one from ECNA, East Kensington
Neighbors Association, and it's actually a letter of support, as well as the Fishtown
district and then behind that is our um notice that went out to the community when we had the
community notice uh with me i have uh josh uh wiener um of gator property so if he can if josh
you can virtually raise your hand to adopt my testimony the wiener has been allowed to speak
good afternoon mr wiener please identify yourself spell your first and last name
joshua weiner j-o-s-h-u-a w-e-i-n-e-r do you swear or affirm to tell the truth the whole truth
nothing but the truth i do thank you oh yeah shosh you heard everything i stated today
yes and is it true and correct yes it is and do you adopt it as your own testimony i do
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 there are no other hands at this time mr chair thank you planning
commission good afternoon chairman members of the board Ian Litwin planning commission staff
Frankfort Avenue was zoned in CMX2 to encourage commercial uses on the ground floor.
However, lots that solely face Blair Street are zoned to RSA 5.
If these lots were subdivided prior to a zoning or mapping effort, the Planning Commission would recommend RSA 5 zoning for the lot facing Blair Street.
In addition, the open space relief is to minimus.
The City Planning Commission recommends the Board grant the variances.
Thank you.
mi 2021 that's 0007282234 frankfurt avenue my vote is yes my vote is yes my vote is yes
my vote is yes my vote is yes thank you dockington you're up again okay number eight
calendar number zero six six six no no no number five that was continued that was the one we were
going to hear and uh i think had a resumption in june correct i must have been sleeping
calendar number 3159 2535 west lehigh avenue mr knockamson uh can you put your name and address
on the record yes alan knockamson 123 south broad street suite 1600 philadelphia pa 19109
sorry about that that's okay do you agree to wave the reading of the refusal and stipulate to its
accuracy i do have you emailed the exhibit packet with the required documents consisting of proof
of ownership tax compliance copy of the refusal or referral photos um 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, other than we do not meet with the community, and we do not have a letter.
Okay, you may proceed.
Okay, I'm going to share my screen.
Yes, please.
All right, thank you.
Yes, I mean, just as, you know, just to start off, I mean, we really do make all efforts to meet with the community.
Obviously, that's part of the process.
We do embrace that.
I don't know if Bonita Cummings is here, and no disrespect to her organization, they work
really hard.
As all of us, during the pandemic, it's definitely challenging.
We did try to meet with the community in February.
The notices went out later than we would hope, but we didn't have the Zoom information.
They asked us for a continuance of the hearing.
We've been trying to schedule a community meeting since then through the date of the
hearing, and unfortunately we've been unsuccessful in that respect. So I just wanted to say that
we do embrace that process. But we're here for 2535 West Lehigh. This is a CMX1 property.
High. This is a CMX1 property and this is on the commercial corridor and what you'll see in front
of you is the deed to the property. Certificate of tax clearance showing that we're in good standing
with the City of Philadelphia. Notice of refusal, we'll go over the refusal which is just a use
refusal. Similar situated properties on the 2500 block of Wesley High. It's not uncommon to have
commercial on the first floor and multiple units on the upper floors. The application for appeal
with the ZBA. Maps of the area, we're between 25th and 26th on West Lehigh, again in commercial
corridor, where you would typically have commercial use on the first floor, which we do, a barbershop,
and residences above. The more density obviously created, the better it is for the commercial
corridor. We'll show you photographs of the property as well as, you know, until left and
right of it. Show you floor plans. A particular note, no basement living, no roof deck. We're
not changing dimensions of the property, so we're not trying to overuse the property.
And then item nine, correspondence from Strawberry Mansion,
will say that we have made good faith intentions to meet with the community.
So showing the deed to the property that all AS Investments LLC owns it.
All AS Investments is owned by Alfred Fields, who should be in attendance and will adopt my testimony.
after that a certificate of tax clearance showing that they're in good standing with
the city of Philadelphia from a tax perspective then you'll see the notice of refusal again this
is a CMX 1 property and we are abutting in the rear you know RSA 5 but we're only looking for
you know two you know two uh residences above and commercial on the first floor again it's
out character. You'll see you know all these properties on West Lehigh and our block where
you'll see there are multiple residences above commercial units. Our application for appeal
that we filed with the ZBA. Map of the area showing between 25th and 26th and we're between
Sterner and Oakdale. And you'll see that from a Google map perspective as well. Photographs of the
property, again there are two separate entrances, one for the commercial component which is a
barbershop and one for the residences where you go up a flight of steps and there'll be a residence
on the second floor and the residence on the third floor. And again we're not trying to overuse the
property, we're not trying to expand it out to try to increase this use, we're trying to have a
residence on floor two as well as floor three. I'm sorry pictures to the left to the right of the
property on West Lehigh pictures to the I guess left of West Lehigh are floor plans. Let me just
reduce them so you can see it but you'll see that there are two entrances one for the commercial
component which is a legal barbershop then the residences you go up a flight of steps you hit
the landing, you have the first unit on the second floor, and then you go up another flight
of steps, completely separate unit on the third floor.
And then we have made a good faith effort, so you'll see from the, and let me just increase
the size so you can see.
We did try to meet with the community through Strawberry Mansion Community Concern.
The date that we sent out the notice was February 3rd, but we didn't really receive the Zoom information until pretty close to then, and we were supposed to have a committee meeting February 8th.
We have made diligent efforts to meet with the community since then, unsuccessfully.
So with that, I will have Mr. Fields virtually raise his hand so he can adopt my testimony.
field good evening please identify yourself with the records by your first and last name
hello yes it's alfred fields a-l-f-r-e-d last name fields f-i-e-l-d-s thank you you swear or
affirm to tell the truth the whole truth nothing but the truth i do hawkinson yes uh mr fields
you heard everything i stated today yes correct i did and is it true and correct yes it is and
you adopt as your own testimony? I'm sorry I couldn't even say it again. Oh do you adopt as
your own testimony? Oh yes yes I do. Okay thank you. Questions from the board? No. No. No.
Anyone else like to testify in this case please raise your hand.
No further hands at this time Mr. Chair. Thank you. Planning Commission. Good afternoon Chairman
members of the board, Ian Litwin, planning commission staff. The comprehensive plan
the comprehensive plan recommends this parcel be zoned rm1 which would allow for multiple units
recommended this parcel be zoned RM1, which would allow for multiple units.
therefore the city planning commission recommends the board grant the variance
thank you and i believe mr knockamson earlier we agreed that we were going to do a resumption
uh you said that you would state whether or not if you heard from anyone else if there's
a resumption again i i respect the process so all right just in in i i would leave it up to
the board i i don't want to have a situation we appear in front of miss cummings and her
organization a lot i don't want to force this through by any means um so i i leave it to
discretion on the board yeah i think we respect i respect what you're saying and i think it's
your client your best interest because of the relationship you have if we do a resumption
hearing okay uh june 9th uh mr chair june 9th uh let me read this in mi 2020-003-159-2535
west lehigh this case this hearing will be resumed on june the 9th it's at 2 p.m tanya
yes chair at 2 p.m at which time the board will consider any feedback from the rco
thank you mr chair and members of the board
frank which case are we going to now which number seven seven okay calendar number zero seven
30 West
Highland Avenue. The attorney is
Steve Bertil.
Actually, Carl from
Avera.
And Carl has already been sworn
in, as has
Clinton, Henry Clinton, and
there's
another attorney I think is three.
good afternoon members of the board uh this is steve bertill i'm going to be handling the uh
the screen share um so okay have you been sworn in yes mr chairman clinton can i interject for a
minute yeah mr clinton yes uh there's a request by the councilwoman as well as myself for a
continuance and does this mean the board is not going along with that request? Yeah I think what
we're going to do Henry is get as much testimony as we can and we'll do a resumption. I just think
and I don't usually come before the board on the other side of projects because I'm usually
asking the board for relief like other developers. I got involved in this case because it seemed kind
odd that you had 220 neighbors opposed to a project and they really haven't had an opportunity
to meet with the developer other than through the board who voted on the project, none of
whom live near the project. Well without getting into the I respect what you're saying but
if we continue it it's that we're going to have a hearing anyway so why don't we get it and there's
a lot of people from what I understand I want to testify we're not going to have all 64 testify
we could resume we could do a resumption hearing
mr chair i think what you're going to hear when i think carl's trying to unmute is um
without getting into the substance right now but i think you're you're going to hear some
um so our dispute of some of the statements that uh mr clinton has made um and that was made in
the continuous request that goes to to the substance of the case and to the procedural
steps that we have taken to engage with the community um but it looks like carl is finally
unmuted so i'll pass it over to him uh yes mr chairman members of the board i'm ready to proceed
mr primavera have you been sworn in yet i have thank you i'm sorry but um was mr bertille
sworn in earlier yes he was and mr primavera you've been sworn in do you um agree to wave
the reading of the refusal and stipulate to its accuracy? Yes, I do. And 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. So Stephen did the exhibits. Excuse me. We met with the RCO, as you'll hear,
in various committees and subcommittees, over 20 meetings. And we do have a letter of support
from the Chestnut Hill Community Association,
which is in our package and identified,
I think is exhibit 16 or something close to that.
Okay, great.
So somebody may continue.
For the record, in addition to the RCO,
there are numerous letters of opposition.
So at the end of the day,
and I apologize, Henry, if I'm wrong here,
If we continue it, it's not unlike us doing a resumption here.
If we continue it, it's not unlike us doing a resumption hearing.
You're still going to have time between now and the date of the resumption hearing.
For the councilwoman's office and those who are in opposition to have further conversations with the applicant.
That would be fine. And we've already expressed that.
Mr. Chairman, I agree with you, but I just think it puts the neighbors at a disadvantage
because now we're moving forward with testimony that's going to be on the record.
We're going to have, you know, perhaps extensive cross-examination, more time, whereas if the neighbors had a chance to talk to the developer directly rather than to the board, we might be able to come to you in a month and say, everything's resolved.
I agree. And normally I think, you know, that's how I operate. But because there were 20 meetings already, I don't, you know, it's not like they haven't had this opportunity.
I'm not discounting the fact that there are people who are still opposed.
This is kind of like a continuance.
We call it a resumption hearing.
They can go, you have from now until that date, whenever that will be.
I suspect it will be in June sometime, which gives you five, six weeks for those folks to have that conversation with the applicant.
Yeah, I think that would be great.
I THINK HENRY'S FIRST APPEARANCE ON ZOOM ON THIS MATTER WAS OCTOBER 20TH OF LAST YEAR.
SO THIS HASN'T BEEN A RUSH CASE.
BUT LET ME PROCEED AND THEN WE'LL GO WHERE THE BOARD WANTS US TO GO.
SO AGAIN, MY NAME IS CARL PRIMAVERA.
I'M HERE ON BEHALF OF THE OWNER OF THE PROPERTY.
IT'S NOW CALLED 30 WEST HIGHLAND AVENUE IN CHESTNUT HILL.
It has incorporated two prior parcels, which are landlocked to the rear, known as 14 Rear West Highland and 22 Rear West Highland.
The current location is being used by the owner in his business.
The business is E.B. O'Reilly HVAC, which is a longstanding contractor in Philadelphia.
The property has a stone building, of which you'll hear more, where he has his business office.
And then the area has a large parking lot where he has 20-plus vans, which you'll probably see around Center City, as well as cars for employees, vendors, and the like.
There's also a separate structure in the back where I believe he has his apartment and maybe some other activities.
The property is split-zoned.
It's CA1 and CMX1.
Now, why is it CA1?
Well, this was a location of a car dealer back in the days when Chestnut Hill had multiple car dealers because they were located in fairly close residential areas.
And at that point, the dealership had frontage on Germantown Avenue as well as Highland Avenue.
So at this point, the lot's been consolidated.
The only frontage we have is on Highland Avenue and the rest is landlocked.
Interestingly, even though we're split zoned 60%, I believe CA1, which is auto-centric, and CMX1, which is typical commercial, is 40%, either side of our property, as you'll see in the exhibits, are homes.
So you start at Germantown Avenue, on the corner is Killian's Hardware, which is where everybody goes to get their garden supplies, and then it becomes residential, and then our property, and then residential as you go further west.
So it's nominally that we're not zoned residential, and I think you'll hear more regarding that.
So at this point, my client's relocating his business, and he needs to do something with the property.
As you'll see in here, there are many, many vacancies on the commercial corridor, which is Germantown Avenue.
And the demand for this location for retail is nonexistent.
Also, being embedded in what we think is the residential neighborhood, introducing a new use, whether it be a pharmacy or a realtor's office or a doctor's office, we believe will be entirely disruptive.
So we think that not only is there hardship with regard to the size, shape, and location of the property, but there's no adverse impact, and it's only beneficial use that we see.
So the plan calls for the demolition of an existing stone building, which has generated a lot of heat.
It's not on the historic register.
It's not protected.
We have a demo permit, but a lot of people have not been able to let go of that.
And I think that's why we see so much heat on the situation.
They are desperately unhappy about losing this stone building, not because of anything other than what has been described of its proletariat or humble look.
that most historic buildings are Washington's birthplace,
and they say we need to exalt the more,
the more uh we'll call it working class buildings of the time and there are many more of those and
we'll call it working-class buildings of the time.
hopefully those will be protected but this one isn't but that's a lot of the background what
do we want to do eight townhouses uh six in one structure and two in another the limited frontage
means that we're going to be perpendicular for the most part to highland avenue uh so all of
this is about eight townhouses, which will be nicely developed on a block, which on either side
has residential properties being occupied by residents. There was a hue and cry for a traffic
study, which we thought was ridiculous, but we did one anyway, and you'll see in the exhibit package
that we're going to greatly reduce the amount of traffic, which I think even I could have figured
that out with 20 vans and a business and surface parking lot, but it's in the package, but it shows
the degree of cooperation that we tried to exhibit as going through this process.
Now, what are some of the good things that you'll hear from Larry McHugh and the architect?
Well, we're putting in at our own expense enhanced stormwater because apparently there's no stormwater
system in the street for this area. So the street and water department want us to do it, not just
for our property, but for runoff in the area. We're going to have low density and less coverage
than we currently enjoy. Less impervious surface. We're going to have eight homes instead of
commercial buildings, which could be very disruptive with regard to the residential
area. We're also going to not compete with the vacant space on Germantown Avenue. It would be
ridiculous to put more commercial space in an area, quite frankly, that has an oversupply.
We are going to have less traffic than what the neighborhood has experienced.
I said that because Henry O'Reilly has been such a good neighbor, nobody wants to see him go.
Usually when we try to get a variance, it's to downgrade, to go from residential to commercial.
Here we're going from commercial, which is really a business office for a contractor, and people are holding on for their lives.
So I think he's been too good a neighbor, and maybe they don't realize that if there is going to be a commercial development,
It may not be somebody like Mr. O'Reilly.
We're also going to have Eyes on the Street, which the community thinks is very important.
And it's a transit-oriented zone.
And the train stations for both Chestnut Hill East and Chestnut Hill West are right nearby.
So we think that for all these reasons, the fact that eight beautiful townhouses will be there instead of some high-active business bodes well.
Now, we're going to point to the exhibits, which I won't go through, but we'll have some reference to them.
Exhibit nine contains the plans and the revisions.
I think we had 20 revisions as a result of the 20 community meetings.
I talked about the traffic study, which was conclusive as to what I thought was obvious, which is less traffic.
We have a letter of support from the Civic Association.
and you'll see in the package the gauntlet that we ran we went to the historic subcommittee we
went to the development review committee we went to the zoning and land use committee we went to
the streetscapes committee we did all these workshops on the committees and subcommittees
where the near neighbors many of whom are loudly protesting so they spent months going through the
process and when it didn't work out to their uh desire they say the process was uh unfair
you'll also see an exhibit in the package that goes through the dates of the public meetings
the first one starts october 20th and that's i think where we saw uh mr clinton first surface
then we had february 21st was public february 21st was also a streetscape public which was
not public i'm sorry march 21st was public uh 413 was public and then 422 when the actual vote by
the board came about the vote was like 14 to 3 and the process as you know is very elaborate in
chestnut hill because they suffer from an overabundance of land planners engineers architects
professors at Penn in urban design and they have worked us over to fare thee well and only at the
end when there was nothing more to give up do we have a group coming out of the woods and I think
that's what Steve was talking about in terms of the bona fides of this so-called splinter group
so with that I'm going to have Larry McEwen who has I guess not been sworn in be my first witness
and I'll be very brief with him. Okay, Mr. McEwen, please identify yourself,
first and last name, spell your name.
Mr. McEwen, if you're in the audience, please raise your virtual hand.
Mr. McEwen, if you're in the audience, please raise your virtual hand.
You've been allowed to speak, sir.
Thank you.
Larry McEwen, MC, capital E-W-E-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Larry, you're under oath.
please state your profession and your address where you conduct your architectural business.
I'm an architect. I reside and work at 28 West Evergreen Avenue, Philadelphia, PA, 19118.
And how far is that from the site?
I can see the site from my office right now. It's the next block.
And I assume you're familiar with both the site and the area, having been there for a long period of time?
I've lived in Chestnut Hill for 31 years at this address.
I've served for 28 of those years on the Land Use Planning and Zoning Committee.
All right.
So you're familiar with all the issues in Chestnut Hill, as well as being an architect.
And your CV is also an exhibit in our package.
You're too humble for me to spend time going through all the wonderful experience and acknowledgments that you've received.
So without further ado, and Steve will guide the presentation, can you just identify the exhibits, which I guess are mostly in nine, which show the original plan, the context of the property, and then just very briefly go through the numerous revisions at the request of various community bodies.
And then the final revision that I believe happened prior to or at the same time that
the Community Association Board voted 14 to 3 in our favor.
Okay, Steve, if you would back up to the photograph, the street photograph of the site.
Further back.
It's a photograph of the building.
So this will be from Highland Avenue showing the sky building.
Number 20, slide 20.
There you go.
Okay, so this is a slide of the building as it's seen from West Highland Avenue.
To the left are two of the adjacent townhomes, and then there's the building with the fence
screening parking.
That's the scene of the building any time after 5 or any time on the weekend where there's
no there's no traffic there's no activity at the building it's basically a dead zone along west
highland avenue during the week that's 29 parking spaces uh employees cars and and trucks service
trucks going in and out all day at the site next slide
yeah these are some of the issues uh with respect to the site we are uh instructed by uh lni to use
ca1 for the dimensional standards uh of the site to govern our work we are asking for no
relief from any dimensional standard within the ca1 zoning district regulations
So, Larry, just because I forgot, you heard my testimony and you're familiar with the exhibits we submitted?
And do you adopt them as your own, as being true and correct?
Yes, I do.
Yes, I do.
The only thing we're here for is a use refusal because in a CA1 zoning district, there is no, or CMX1, there is no multifamily residential living allowed.
No residential, in fact.
No residential.
All right.
So I think we went through the community benefits, or at least I did.
So keep moving quickly and the board will ask.
Go to 23.
If you would go to 23.
Okay, so this is just basically a look at the site.
This was, we did take a look at using the building for commercial use.
This is the amount of parking we would need if we just had one of the two floors for commercial.
And we're pink.
and the building at the top, the top piece, the top rectangle is the existing building.
The rest of it would be new residential if we were able to develop the site.
Again, as Carl said, the need for commercial use, particularly on the side streets, is diminishing.
The bank across the street is closing its doors June 30.
There are numerous vacancies on the avenue.
our idea in general is to put more people closer to the avenue, more residents who can support
the business district and take advantage of the amenities Mr. Purimovera has already mentioned
concerning transportation as well as green space in Fairmount Park.
concerning transportation, as well as green space in Fairmount Park. So this was the first...
Larry, we're pink, right? Yes. All right. And what's the yellow?
The yellow is the amount of parking that would be required if we were a commercial entity
just on even on one of the two floors of the rectangle at the top of the screen,
which is the existing building. Right. Okay, thank you. Excuse me, is the parking of the cars we see
to the left of the pink are they are they part of the i'm sorry i'm sorry that's to interrupt it's
a public parking lot okay that answers you okay thank you and that's part of the issue with our
that's part of the that plays into our design scheme so i think we can move quickly through
these because we the next ones are if we were to park we don't have enough room to park uh
to allow commercial to come in 90 degree parking and go back out we don't have adequate width for
that. The next slide shows that if we use 60 degree angle parking, we would have to have all
those commercial parked cars come back through the residential part of the property that we
developed and then out through a 13 foot wide alley, which we don't, which are both are, which
are unacceptable conditions. Next. So we took a look at using the existing building. If we were
use that with residential uses and that places the driveway to the project right next to the
resident at number 20 west uh highland uh to the right of the driveway there it places then a
series of garage doors so everybody would have to walk down past 10 garage doors to get to the
back of the property to visit their neighbors and the building at the top
is so close to the property line, it's two feet and change from the property line, we cannot put
any new windows in that whole side of the building. So we'd have to either take down that wall,
send it back to make windows or live without them, which we can't really do. So Larry, the key
question here is, and the committee work speaks for itself, but you and your client worked very
hard to try to accommodate the existing stone building into either adaptive reuse or some
other incorporation and it just didn't work. We looked at it for both commercial and residential
use and just it's just you know it's a two-story building in the midst of what's going to be a
three-story plus area and just given the density of development these days it's just we would have
to modify this building to a degree that would be the building would basically be unrecognizable
and it's as it's what it is currently and you're going to save the stone and incorporate it into
the design what we're doing so I think we can move on down actually past the next several to
the site plan so there well Steve let's just go to the illustrative one
Oh, sorry. Go back up to 48. So 48. Okay. So this one, if you could just make sure everybody can see that on the screen. So this one is, so our scheme is we're going to remove the building, the existing building.
we're going to relocate and so what we're going to do is organize these townhouses along a garden
walk so there'll be gardens for each of the units facing towards 20 facing towards the east towards
germantown avenue the vehicular traffic will be taken around the outside of the perimeter of the
property via new pervious driveways that will actually and then basically most all the traffic
will be using the new driveway here on the left side of the drawing. There are two units that are
served both by this new driveway around the back of the site and do have a way to use the
existing alley to exit the property if they need to. So Larry, let me interrupt. So on the right
side of this, which is really facing or toward Germantown Avenue, there's an alley or easement
And that's shared by the people who have commercial buildings fronting on Germantown Avenue.
And your client has reached an understanding that he will not only improve the oil surface,
but take responsibility through the Homeowners Association for maintaining that and keeping it safe and good repair.
Yes, we have some slides where we can show those.
All right. And then let me also ask a little further.
So this is basically, so what we're doing is we're taking out, currently the site's 86% impervious, we're going to end up with it being about 56 to 58% impervious, so we're taking out 30% of that, we're replacing this with over a dozen trees in the interior.
30% of that, we're replacing this with over a dozen trees in the interior of the site,
individual gardens, plant, and then we're doing screen planting along the west side
of the site.
As you can see here, the row of trees to the left of the wide driveway.
And our general idea is to place vehicular traffic and our parking spaces, our garage
doors, adjacent to the public parking lot, so we're putting cars with cars.
And then on the other side, we're replacing the driveway and parking spaces for our neighbor at 20 West with a pedestrian walkway and numerous trees and garden spaces.
So, Larry, let's see if we can do this.
And maybe Steve has the pointer.
If we go to the left of the site plan, you'll see a home.
We're actually twins.
And they're homes, correct?
And then you see a green area, which looks like a border.
That's their property.
Right.
And then you see what you've described as the public parking lot, which leads to the back and ultimately leads to the back of a shopping center.
Am I correct?
Yes, it does.
All right.
And then as we move to the right, it's our property now, and that's the new driveway.
And our site is basically an L with limited frontage on West Highland at the top.
And then the L does not connect to Germantown Avenue as it once did for, I think it was an Oldsmobile dealer.
well well basically our with our driveway we do connect via the alley to
to uh yeah so we make basically a u-shape right and then we come out on highland avenue right
right and then what do you have on the right side of that you have killians and the other
commercial buildings we have basically the alley is that existing alley is uh you know is the is
the delivery zone for Killian Hardware, Artisans on the Avenue, the actual town hall, the community
associations offices. All right. And in the middle, in the white area, that's residential.
Those are, yes, there's some office on the lower floors of 14 and 16, I think, then there's
all residential above. All right. Fine. Thank you. I just wanted to make sure we understood the
adjacencies so but but but your question is good because it does show that our building is um uh at
the upper floors of our building we're 30 feet on an average away from number 20 and we're about 65
to 70 feet away from the face of our building to the next property to the left to the west
of our property so so our our project is uh is spaced it's not crowding the other projects and
it's there are trees on both sides of our project between us and our neighbors. All right and Larry
and then I promise not to interrupt but I don't mean it. There is a drawing that you did which
is a drawing showing a conforming structure on the site and I don't know if Steve can put that up
which would be far more aggressive in terms of coverage and in terms of impervious and it would
be conforming, 38 feet high, 60% coverage, and it would be a split zone, CA1, CMX1, retail,
including doctor's office, daycare, drugstore. And in your opinion, as a land planner and an
architect, do you believe that would be far more intrusive than what we're talking about?
I think it'd be worse in every way.
All right. And then in the record, I won't read it now, but there's a letter from Killian's Hardware, which I think is all the way to the right on Highland Avenue.
It's up to the top. There it is. Right there.
And he goes into great detail. The family's been there for like 100 years. And he goes in great detail about how this use and even the current use, however, properly maintained by your client, is really out of character and it needs to be residential.
Yes, that's what his letter states.
All right. And then, again, jumping around, we have other letters of support from people in the neighborhood, in addition to the letter of support from the community association.
All right. Let's go to the final issue, which is the changes, including the one that was just submitted to the board and the revisions that were in response to the 20 meetings of the various committees.
So, Steve, I think this would be just before the traffic study.
yeah okay just so we can move through these this is what we had so we started out with a building
that was at the location of the same front as the existing building back from the street and
since the adjacent buildings were brick and this is by the way this this shows the building 38
Since the adjacent buildings were brick, and this is, by the way, this shows a building 38 feet high.
In this case, the brick went all the way to the top.
Next slide.
We then went to, and this just basically shows that even at 38 feet, we're only 39 inches, one meter higher than the existing buildings at 14 and 16.
Those are the ones on the left.
The ones closer are two stories, but many of the ones then off to the right are, again, are three stories, which is in some cases in attics.
space. Okay, next slide. This is a southwest corner also back at fall and early February.
Next, there was the brick was all the way up. Same thing from the northwest corner.
And then we actually decided, okay, let's set the third floor of our building back and
let's create a cornice at 28 feet, six inches going across. So basically we would relate
to the two-story house to the houses to the left of us.
This top floor is set back three and a half feet
from the stone at the base of the building.
Oh, also the big move though
is that we moved the entire building back
so that our face of brick is in line
with the face of brick of those four houses to our left.
So that was one of the major things we did
is to move, is to compress the entire project,
shorten it by seven feet
so that we could make that alignment happen
And that created a nice park in front of the project, a little pocket park for people.
So there now are trees, not just street trees, but street trees between the sidewalk, the street walk, and the building, a seating area.
Now we have, we also revised, we placed an entry to unit one from the street.
And we have balconies now that wrap around at both the first and third floors onto the street from the building we have here.
Or the ground, yeah, first and third floors.
So then the next slide just shows that from the southwest corner.
We also created bay windows for the middle units and actually separated the end units from them.
So there's now, instead of six units in a flat wall, there's now one unit, then a group of four, and then another one at the end.
And those cars are in the public parking lot?
Those are the cars in the public parking lot.
And then there's all our screen planting and then really not seen much or the garage doors that to our project property, which, again, are facing the park cars in the public lot, which we thought was a good idea.
But you can go to the next slide, actually. So this is, again, from this shows the building is set back considerably at the top floor from the street.
And then, Steve, we keep going until we get to the sketch that shows.
So that's basically, that still showed a roof deck, a roof garden and a pilot house on unit one.
And I think the next, yeah, so what we did here is we finally removed the pilot house and the
roof garden on the unit one only and create it and and actually push the the top floor of this unit
set it back not only at the street but at the two sides and wrap planting around at the balconies
of this entire third floor of our building so now really our cornice and we drop the cornice down to
28.6 i think it'll be so really you can see that it's basically in line with even with the two
story uh house that's a fairly high two-story house to the left to houses to the left and then
the sketch below if you just keep right so this basically is the sketch then that shows how that
works and how the uh that is uh in fact the the kind of over sketch in front of the building is
the tree that's really there at the street at the entry to the public parking so we've been showing
the building with actually less of the planting in front of it than is actually there.
So this just gives you a sense of how much of the building you don't see because of the
part of the plant, pretty lush planting all around the entire property of the building.
So Larry, you've completed, I guess what we're calling now the final plan and it's
coming in through the submission I guess of a proviso form so that's currently in front of the
board so if it were to approve it it would be consistent with approval of the chestnut hill
association requirements as well as we'll call the final revised plan yes I just want to make
the point that at the the development review committee approved this project three to two
voted three to two to support the project with one abstention on the on the 13th of April
and and then we sent that to the board but even after that on our
And then we sent that to the board. But even after that, on our own, we worked, we looked at this and said, you know, we could actually, we could remove the pilot house and roof garden on the first unit on our own without, nobody was telling us to do this, but we decided we would do that as an exercise.
there was some concern about the pilot houses we said all right we'll remove that and actually
make sure that this building is the top of the building is set back and the impact is reduced
further all right so that's after 19 meetings with um with either subcommittees committees all
every chca committee voted to support this project and the board voted 13 to 4 to support the project
after hearing the neighbors' testimony and weighing the facts of our proposal against those concerns.
Am I correct when I said there were near neighbors on some of the subcommittees?
Absolutely.
The exhibit in our package, which has an asterisk next to all the meetings that were on Zoom, were public.
So there have been multiple meetings open to the public,
and the working committees had direct representation of their choice on the working committees?
Yes, and I will say that every design professional, with the exception of one,
on the CHCA committee voted to support this project.
Even several people on the HDAC, one of whom kept their vote for us,
even as they went back to their own organization.
So I don't have anything more of Larry, other than to say that, do you believe there's anything more or anything possible that could have been done to accommodate concerns or issues raised by either committees or subcommittees or individuals?
well you know carl i mean it's it's probably impossible to say could there ever be anything
more but you know we we have uh and henry and henry o'reilly the owner has has really uh
done a tremendous amount in terms of additional offerings to at the periphery of this project to
the community um there is obviously you know pressure with building today to to build a certain
number of units and basically according to the you know if you looked at the RSA 3 zoning
on an 18,620 square foot site you could build 8.3 units and we were proposing eight units so
in terms of the density in the area we believe that's an appropriate density even some of the
detractors at the board admitted that this was the this was not too many units for the site
All right.
Thank you.
I have nothing further.
You have, who else do you have?
Mr. Chairman, I have some cross-examination questions.
Yeah, that's why I was asking, Henry.
I just want to check with Carl.
I have five minutes with Henry O'Reilly.
And if you want, I can present him and then just rest.
Yeah, then we'll go to Mr. Clinton.
All right.
Let's have Henry O'Reilly, not Henry Clinton, sworn, please.
Mr. O'Reilly has been allowed to talk to.
Thank you.
Please wait to be sworn in, Mr. O'Reilly.
Thank you.
Are you ready to swear a minute?
Carol, are you there?
Yes, I am.
Do you swear for him to tell the whole truth and nothing about the truth?
And can we get your name on record as well, please?
Henry, H-E-N-R-Y, O'Reilly, O apostrophe R-E-I-L-L-Y.
I don't think Frank knows he's muted.
Sir, can you spell your last name?
Yes, O'Reilly, O apostrophe R-E-I-L-L-Y.
Okay, am I waving and stepping this individual, Tanya?
No, this is just a witness.
He can go through with Mr. Primavera.
Okay, you may proceed.
All right.
So, Mr. O'Reilly, can you tell us how you became familiar with this property and, very briefly, the current use?
The property was purchased back in 1971, my father and I, to house our business, E.B. O'Reilly and Associates, a heating and air conditioning business.
Over the years, it's worked out very well.
But in the recent years, as things have changed in our industry, the building does not serve us well for what the current condition is right now.
And we had this discussion prior to COVID, but once COVID happened, it kind of crystallized in our mind that we did not need all the space that we had to do.
And we had this discussion prior to COVID, but once COVID happened, it kind of crystallized.
And that's when we went out and discussed with Larry what we thought we could do to repurpose this building or what we thought we could use to put on this property.
And how many trucks do you usually park there and how much activity is on site?
So prior to COVID, we had 30 employees in the office.
We have 25 service trucks that were in and out.
We had salesmen that are going in and out daily.
We had multiple vendors coming into the office, and we also had deliveries every day, including UPS and FedEx and other transport carriers.
All right.
And are you familiar with the Germantown Avenue commercial corridor that's within a block or less of this site?
Yes, I am.
And what's the nature of the vacancies and the occupancies?
Well, currently, there's been a number of vacancies and they continue to grow, specifically across the street.
The bank that is directly across from my property has already sent out a notice that they are leaving as of June 1st.
And if you drive up and down Germantown Avenue, you'll see multiple vacancies of commercial and retail properties.
All right. So when you met with Larry and you spoke with brokers and other people who are familiar with the market, what was the decision to do this as a residential development?
Well, the consensus, and that includes both my desire also, was that the best option for this site would be townhomes.
And you intend to live in one of them, correct?
That's correct.
All right. And you have met with the various neighbors and you've been involved with this very deliberate process through the Community Association.
And we're not going to get into the details, but we have submitted letters of support from your neighbors?
So back in the beginning of the project, we thought we might want to do this.
I reached out to all the contiguous neighbors that touched my property and had discussions and shared the plans with them.
And all but one agreed that they supported and they had no opposition to it.
Subsequent to that, the most closest neighbor, which you'll see on that screenshot, which owns 14, 16, 18 to 20 West Highland Avenue,
sent a supporting letter into the CACA community board supporting this project.
along with Killian's Hardware and a number of other ones.
We also, at the time, for the ZBA zoning requirements,
sent out 65 letters to neighbors within 250 feet
and asked for any feedback or discussions,
and we left it open-ended at that point in January
to please call me if you had any questions or concerns.
I did not hear from anyone until we had our first meeting
with the community association.
All right, and finally, in case I forgot,
you heard my testimony and you heard Larry's testimony?
Yes, that's correct.
All right. Were they both accurate? And would you adopt them as your own?
Yes, I would.
All right. I have nothing further, Mr. O'Reilly.
Thank you.
Thank you. Before we move to Mr. Clinton, is there any questions for either of the Mr. Primavera's witnesses?
From the board?
Okay. Mr. Clinton, you're on.
Thank you, Mr. Chairman.
I'd like to ask some number of questions of Mr. McKeown, please, first, if he's still on mute it.
Mr. McKeown, please unmute.
Hello, Mr. McKeown.
This is Henry Clinton.
Can you hear me?
I can.
All right.
So I'm representing the 220 neighbors in Chestnut Hill area and 20 near neighbors.
and your neighbors, I define as the planning commission defines those who live within 250 feet
of the subject property. So can you go to slide number 20?
All right. So thank you. That's slide number 20. And the building, the stone building is to the
right. It's a two-story building with a bit of an addition on the rear, correct?
And you've lived in the area over 20 years?
I think you said 21 years?
31 years.
31, my mistake.
And you've seen this building over time.
Would you consider this building a well-maintained building?
Would you consider this building still usable in its current state?
Well, isn't there an ongoing business operation right now?
Oh, yes.
Yes, yes.
and that business operation could continue if the current owner or anyone else wanted to correct
well the current owner has already spoken out as to how this building is not meeting
is evolving business needs okay that's a little bit different from my question
okay that's a little bit different from my question though my question is that this building
My question is that this building is a serviceable building.
is a serviceable serviceable building and could be used by the current owner if he wanted to
or someone else if they wanted to use the building in its existing condition correct
for some use i guess i would guess yeah okay and in the ca1 zoning district there are a number of
uses correct like would you agree that business and professional offices is used for ca1
I'd have to look at the list to see what's what's allowed there yeah how about no that's true
sole proprietors are also permitted in in CA1 you agree with that
yes would you agree that financial services are also uh look you're you're reading from
the list of uses so obviously those are lists those are uses that are permitted in the CA1
zoning district okay i just want to make sure you agree with me on that um although ca1 as a zoning
district is really uh in terms of auto related commercial use uh is speaks to a previous time
in chestnut hill certainly okay um so it is a bit of a it is a holdover from an earlier time
but but those uses i just described are allowed are permitted in there but they
Those uses could also be permitted if the parcel was rezoned.
The city plan has a plan for the rezoning of the entire area.
It happens that CA1 was not proposed for rezoning.
Right, but all I'm trying to establish is there's other uses that this building could be used for which are permitted within the CA1 zone, correct?
Okay. Now, you haven't submitted any engineering report indicating that this building has any structural issues, correct?
We have not done that. The west facade, as you just look at it visually, is that stone wall is, there's some curvature in that wall, if you look at it.
For Mr. McKeown, as we talked today, you don't have any engineering report about that.
And you have no document indicating that this building is in need of any type of structural repair, correct?
Correct.
And would you agree that this building could be adapted as is to residential use?
actually no um not because partially because of the uh fact that one wall one entire wall of the
building uh would not be able to have any new windows in it due to its proximity to the property
line not with any amount of protection or sprinkler system right but the building itself
there could be an adapter for use for this building we look at it to residential if one
wanted to go down that route we looked at it and in our in our view we could not make it work for
what we wanted to do right it's based on whatever based on whatever parameters you set up
based on many uh parameters let me if i can interrupt if i can interrupt ms mcewen when
When you looked at the potential of retrofitting this as residential units, how many units
were you looking at?
Well, we basically, at most, it would have been parts of two, two units, but we would
have had to go up through the roof, go out through the side.
We would have had to open up walls in ways and possibly go to a third floor to get the
amount of program and uh or amount of natural light into this into the building so in your
opinion you wouldn't be able to just take this building and create two apartment units as an
example not easily not within a uh not in a manner that would really make the development of the site
really uh work out with financially sorry henry i didn't mean to interrupt you no thank you mr
chairman but mr mckeon that's that's based on the parameters that that you set as to whether or not
you could get sufficient amount of units in there to make it economically worthwhile isn't that what
you're saying that's right okay that's a real that's a real parameter right but but could you
not add on to the back of the building or build above the building to make additional units
so if we build above the if we if we went through the roof of this we would have to build a steel
structure inside the building to support that. The roof and the walls will not
and the walls will not support any additional load even though they appear to be very strong
support any additional load even though they appear to be very strong.
there uh we could not use that that structure to go any higher uh and if we make openings in
those walls that's those would all have to be supported by a steel frame those openings
okay i have a lot of i have experience with other stone buildings where that's been the case
okay and you're aware that this building is in the chestnut hill national registry district
this building is among the 80 percent of the buildings in chestnut hill that are ranked
contributing that's 80 percent of the buildings have the same ranking as this building right so
i guess the answer is yes then the answer is yes but somebody previously said this was a
significantly contributing building that's misleading it is a contributing but not a
significant building on the national register but it is contributing that was my question just now
it is a contributing building just trying to for everybody else out there trying to put some
context into what contributing means and and also it's not on the local register and we do have a
demo. I think my questioning of Mission McEwen is complete. I'd like, well, you know what,
let me ask you a few more questions. One, bear with me.
so would you agree that there's really no unique physical circumstance or condition
that would warrant the ongoing use of this building because there's a because there's
an operating business in there now i'm not sure i understand your question sir what's well i think
you've already established that the building is well maintained it's being used and it's solid
so you'd have to agree that there's no unique physical condition of the building that would
not warrant its reuse i object i think he said the opposite no actually he did not i'm asking
a different question you're asking me if it's a well-maintained building i said yes but you're
saying in terms of its reuse for res first of all it's reuse for commercial we have to we look
mr o'reilly looks at that and he's already he's already stated the obvious which is that commercial
the physicality of the commercial corridor in germantown avenue is shrinking not expanding
and so there's no there's not a need for commercial use there's not a need for some
of those uses you described but there are is a dearth of housing available in chestnut hill and
northwest philadelphia in general that is well documented in fact has appeared in the
chestnut hill local immediately adjacent to neighbor uh articles about this building
so people want to live in chestnut hill they want to live close to the avenue we like the idea of them
being able to support restaurants shops take part in a pedestrian environment in a nice community
I appreciate the commentary, Mr. McKillen, but all I was trying to establish is, and I think you've already said it, there's no physical limitation on this building that warrants it being able to be reused either by Mr. O'Reilly or somebody else because it's been well maintained.
Well, again, it's proximity to the property line being a little over two feet away from the property line means that no additional window openings can be made onto that, into that building.
Right. That's for residential. I didn't ask that question.
All right. I have no further questions from Mr. McEwen. I have a few questions from Mr. O'Reilly.
Mr. O'Reilly?
yes i'm sorry hello mr o'reilly hello have you been sworn in
yes i believe i have yeah okay please proceed so mr o'reilly have you signed any listing
agreements with any realtor commercial or otherwise to try to market this building
no i have not okay and have you advertised this building on loop net or any other commercial
vehicle to try to sell this building my existing building no i have not okay uh do you have any
competitive market analysis indicating that this building uh is is not saleable
competitive market analysis no i do not okay
and you're continuing to operate a business in the building that's correct and if another
That's correct.
And if another company similar to yours or another retail establishment wanted to come in, they could use that building in its existing condition?
company similar to yours or another retailer?
I think that Larry identified earlier slides when we tried to look at what we could repurpose this building, the problems with that.
Number one, off the top of my head, was the parallel parking would have to go away because we don't have room for that, and that's grandfathered in.
So anyone coming in with a new use would have to utilize that, which means you'd have to put a driveway around the backside of it and go into that alleyway that is already congested.
Number two is we had an asbestos report done, and there's asbestos that's not only on the floors and the ceiling, but also attached to the stone on the inside of the plaster.
So anyone that had to come in and renovate that would have to deal with that, and that's in the tens, if not hundreds of thousands of dollars to remediate that.
While there is no structural plan I have that I work with in my business,
a number of structural engineers that I have had walk through and give me their opinions on that wall.
And one of those reasons why we are not comfortable with that is they're concerned about the structural integrity of that wall on the west side that's bowed,
if you physically go look at it.
Right. But Mr. Riley, Mr. McEwen already answered the question that you don't have any report from a structural engineer or otherwise indicating
that this building is not structurally intact.
No, I have no report.
I have no further questions for Mr. O'Reilly.
I just have one question.
Henry, if CVS or Walgreens were to pay you market rent
on a long-term lease, would you be adverse to that?
A retail space that was going to do that?
Yeah, if there was a viable retail market.
Yes, if there was a viable retail market, yes, I would be.
you're not against making money no i just would like a townhouse that i can live in
well that too but but you wouldn't want to make space and lose money if there's no market
well that would be silly i think i think so
mr clinton don't have any more questions all right um carl i have nothing further nothing further
all right um hold on a second um my question is to the sonographer does the sonographer need a
break i know we have a number of cases yet to finish on the two o'clock list if the sonographer
reads a needs a break please raise your hand or let tanya know uh sir i do not need a break thank
Thank you. Okay, thank you. All right. Henry, you have some witnesses?
Yes, I have one witness who is going to testify for a number of people in the interest of brevity
and time because there are a number of people who are on the call, and I don't think the board wants
to hear redundant testimony. So I will qualify this individual that she has the knowledge
and the contact information with almost all the people on the call.
So I'd like to call Elizabeth Wright.
Any objection to that, Mr. Primavera?
No, I would just like to make sure that she's authorized to speak.
And if Henry Clinton says that she is, then fine.
Okay, normally, you know, we would not entertain that.
That's why I asked you.
All right, Mr. Clinton.
Elizabeth Wright, if she could be on mute it.
Ms. Wright, if you, Ms. Wright, please raise your virtual hand.
this right has been allowed to speak good afternoon miss right please identify yourself
first spell your first and last name and i'll swear you in good afternoon sir yes my name is
Elizabeth Wright. Elizabeth, E-L-I-Z-A-B-E-T-H, Wright, W-R-I-G-H-T. Do you swear or affirm to
tell the truth, the whole truth, and nothing but the truth? Yes, I do, sir. Thank you. Please
proceed, Mr. Clinton. Thank you, Mr. Chairman. Good afternoon, Ms. Wright. How are you today?
I'm fine. Thank you. Good. Can you describe to the board what your role is as coordinator of
the West Highland Neighborhood Group and how many individuals are involved with that group?
Yes. I got involved with this project early on, I'd say in February, when we were first made aware that it was going to happen.
Yes, I got involved with this project early.
And through a survey issued to the community, we received responses from about 225 neighbors, near neighbors that are within 250 feet or so as defined for us,
but also neighbors down all of the peripheral streets, West Highland, East Highland, Shawnee, Germantown, Navajo, Mead, et cetera.
I have been, in a sense, the keeper of the data and the communicator, principal communicator with the group,
emailing, speaking with them directly.
I've canvassed many of the neighbors, in particular those within the 250-foot radius.
So I've heard both in person as well as via email what their views are concerning this project.
And Ms. Wright, within that 250 feet of the 30 West Highland, how many residential properties are there?
There are roughly 24, 25 residential properties.
And of those 24 residential properties, how many owners have you been in contact with directly?
i would say uh 20 of those so 20 of those individuals are part of your organization
yes and are you authorized to speak on behalf of those 20 as well as on behalf of the other 220
yes and can you give the board a sense of uh those near neighbors concerns and and issues
not only just with the project, but with the process. Let's start with the project first,
if that's okay with you. Yes, please. With regard to the project, those within the 250 feet foot
radius, let me say largely the 225 group, we are all concerned about various things. But first and
foremost it is about the size of the building it is the height it is the scale it is the blockage
of light it is the sense that this building looms over the adjacent properties and in essence many
of us have described it as becoming visually even taller than the centerpiece of that top of the
hill the fire station people had expressed concerns overall about yes traffic garbage various
things. I will say that the owner, through the offering of an HOA, has resolved some of those
operational issues, but it has not resolved the number one concern, which again is the height,
the scale, the massing of that building as it goes on the site.
the um please your question yeah uh in in terms of being heard and participating in the process
why why do you feel that the near neighbors have not been heard and why do they feel they've not
been heard uh for many reasons um i would begin with uh the the suggestion that the neighbors were
contacted at the beginning. Andrew Ingersoll, who is a near neighbor, just emailed me to say
I was sent a letter sometime maybe end of December, January, but when I contacted them back,
I was not invited to any meetings. I had never saw the plans. And I think Shane Creamer might
agree with that as well and others on that block. So I question when Mr. O'Reilly or Mr. McCune
say near neighbors i'm not sure who that means to us the definition of near neighbor was that 250
foot radius the process further we were really made aware of this project at the february
i believe 15th 16th drc meeting it might have been a week earlier and at that time
that was really the first time any of us had seen plans, suggestions of what this building
would look like. I believe someone earlier said that this project had been known to the community
back in October, and I disagree with that statement because none of us knew about it.
We will say that we revisited the minutes from that discussion, and ironically it was known to
that committee even then that the neighborhood would be in opposition to the design because of
the height, scale, etc. We didn't get a chance to weigh in until February. Subsequent to that,
through our voicing concerns, there was a willingness to create an ad hoc subcommittee.
a willingness to create an ad hoc subcommittee um and forgive me if i'm sort of airing laundry
of the community i don't mean to but that subcommittee our membership was told not to
communicate with the neighbors that it was uh not allowed until after all of the proceedings
however many meetings that however many meetings that was were allowed to take place and so
So the neighborhood really didn't get any details from our representation until the subcommittee, I'm sorry, until the architect presented again.
I believe that was on March 16th or sometime. Yes, March 16th.
It was back and forth and back and forth with what was proposed.
proposed, and ultimately what we saw in the presentation was that there were modifications
cosmetically to the design.
Some minor pullback at that time, which was then pulled back further in terms of the setback,
but really none of the neighbors' principal concerns were heard, acknowledged, and remedied.
So we were left at that point with trying to work through, for example, the Conservancy,
another of our RCOs.
The Conservancy hasn't really been mentioned by, I believe, the owner, architect, or Mr.
Primavera.
The Conservancy voted 12-2 against this project.
From our understanding, it's an equal RCO, though the CHCA takes the lead.
he referenced the HCAC which is a subcommittee for the process that committee also voted 12 to
against from our perspective this community as a whole if we're really honest is not in consensus
that this project should go forward there is serious opposition if the DRC votes 3-2
in favor. That's one vote, whereas the HDAC votes 12-2. Again, so not to belabor, I think that at
no step in this process were the neighbors' principal concerns listened to or remedied.
Ms. Wright, if you don't mind, Henry, could you spell out what those concerns are?
Yes, our concerns are largely due... Let me stop for a second. I'm not an architect,
and most of the membership of our group is not understood neither am i okay good sir um i will
say that um we we are not going to offer to redesign segments of the building because we
can't but what i will say is that as we imagine ourselves walking by this structure along highland
looking at it from highland um and there's reference i think consistently to the frontage
Imagine, if you will, that the frontage of this building is really, as you walk up Highland, or as you walk up Germantown Avenue, you will see this building towering above what is to us a historic village.
No, height. Not to be, I don't mean to interrupt you, but height is an issue, correct?
Yes, sir. I'll try to be brief.
yeah height is an issue you mentioned something about trash earlier but i think that's resolved
through the homeowners association we hope so well that would be part of a proviso if this
were to be approved uh so trash height and any what else i would say the uh density of the
building the number of townhomes in a monolithic block and now granted the last two that are at
the back i believe those are seven and eight property um those are set back that's density
correct it is an issue yes and and i forgive me density is a word that that many have bandied
about in different ways i don't know if we always are using it in the same way um density is not
about the number of people um it is about the number of structures about the number of units
right structures okay and then miss right the frontage on highland avenue yes sir i said the
The frontage is, the frontage to many of us, again, it's very tall, very imposing.
The setback potentially could help, though we've not really had a chance to digest those documents.
They were presented at the meeting to us, the community, the day that we were supposed to make a decision on them.
It may help that that is set back, but what we still will see is six structures of that height basically moving back into the parking lot.
parking lot. So, Ms. Wright, you're talking about plans via the sketch that were presented around
So, Mishra, you're talking about plans via the sketch.
April 22nd. Is that what you're referring to? Yes, the hand sketch on the paper. Okay. And then
you also mentioned the Chestnut Hill Conservancy. And that is Ms. Cove, C-O-V-E? That is correct,
Patricia Cove. And she submitted a letter of opposition to the ZBA, correct? Yes, she did.
Was it just, Henry, was that just a letter of opposition or did it identify the reasons for?
It identified four reasons, three or four reasons.
Massing, density, height, scale.
What Mrs. Wright is talking about, right?
And if I may, it also mentioned the owner's failure to really demonstrate that this property could not be reused.
amongst. Okay, thank you. Henry, anything else? No, I think Ms. Wright has covered everything
on behalf of herself as well as her 250 members of her neighborhood. Okay, I do have, if Ms. Wright,
if you're still there, would you happen to know, and if you don't understand that, of the 220 some
folks who expressed opposition, do you know if any of them participated in any of the
uh rco meetings um many of us did if i may say i mean we we made a point of going and of um trying
to get our voices heard i spoke uh at two or two of those meetings others did as well um there's
been very strong if i can say it this way there's been very strong uh participation but we're not
being listened to listening today we're listening mr chico i really appreciate your saying that
Thank you.
Thank you, sir.
All right.
Mr. Permavere, do you have any questions?
Yes, briefly.
Ms. Wright, I'm looking at an article that was published in the Chestnut Hill Local that you wrote.
Yes, sir.
And was it accurate?
To my knowledge.
All right.
So it says here that you're very upset that these properties may get a 10-year tax abatement?
Yes, correct.
All right. And that's because you don't want any tax savings to the developer. That's correct?
That's not what you say.
That's not what I'm saying, sir. Actually, if I could go through that.
No, let me just ask the questions. All right. You've had a chance to testify.
Yes, sir.
I just want to ask the question. It says a massive profit and a 10-year tax abatement.
That's how you describe the tax abatement, right?
In that letter, I don't have it in front of me, sir.
All right, but we'll submit it. Second of all, the 38 feet is problematic, correct?
The 38 feet height?
Of height, yes.
The 38 feet plus the pilot houses above, which lead to 47 feet, that is problematic. Yes, sir.
All right, but you said that the 38 feet was problematic. And did you hear the testimony that 38 feet is allowed in this district?
Yes, I did, sir.
So in essence, can I respond to your question, sir?
So the 38 feet is problematic because you add then a pilot house, which then brings it up to 47.
Now, it is my understanding that the pilot houses from Philadelphia's perspective don't count towards that height dimension?
That is correct.
So it's 38 feet that you're unhappy with because the extra pilot house is not height for zoning and not relevant,
even though it may make you unhappy the same way the 10-year tax abatement makes you unhappy.
Understood.
The demolition of the building, is it correct that you've been on a tear as some of the near neighbors
complaining that this building is going to be demolished?
Isn't that a driving force in this process for you?
No, it is not.
It is not.
Not a tear.
Can I respond to that, sir?
No, I'm just trying to find out.
I believe that the unhappiness around this project stems from the many people who want
to keep the building because either they say it's historic or they want to block any new
development by keeping it on the site. Now, hasn't the desire to maintain this building
been a key part of the opposition? May I answer the question? Yes or no, please, and then
you can describe whatever else. You can answer the question. Initially, when surveyed, there
is great concern. And I will say that the Conservancy is a proponent for preservation
of historic and historically contributing buildings. As we have gone through this process,
we have been led to believe that trying to save this building is really a losing proposition.
led to believe that trying to save this building is really a losing proposition
because of forces that are beyond our control. Many of us have made peace with the notion that
this building may not be savable, though we disagree that commercial options aren't possible
if the building were allowed to be saved. So we actually are of many minds and of very many,
many of us are very willing to move forward with the notion that residential is the direction
and our option. And so we are not on a tear, sir. We are willing and wanting to work with you all
to make a building that fits well within this community. All right. And you also mentioned in
your letter the very real concern about more traffic congestion due to the number of cars
is that also in your letter to the chestnut hill local it is in the letter and you have since
responded to that with your traffic study all right and you say that letter is traffic versus
pedestrian problems so you're very free in your letter talking about traffic concerns when in
reality if you read the report it says clearly and obviously that the amount of traffic
from eight townhouses will be far less than the 20-plus service vans, employee vans, and deliveries
that you obviously see every day at the site. Mr. Primavera, if you let her finish the question,
she acknowledged that that letter was written before your traffic study.
Except that these 200 people read the letter, which is inaccurate, and no wonder they signed
a petition. How close do you live to the property, Ms.? Mr. Primavera, may I answer the first
question which is please please answer miss right thank you mr chico the individuals who responded
to the survey are all residents of a neighborhood that frequently walk within chestnut hill and see
the problems that exist on west highland and germantown outside of killians the notion that
there would be any construction any new development there when we watch what happens on that block
on a daily basis because it is the only block, north or whatever direction that is, of Willow
Grove Avenue that allows two-way traffic, you can imagine that neighbors were immediately
concerned that this would make it worse.
Your traffic study ultimately perhaps resolved that.
It would have been better, I think, had that traffic study been released early on because
it was clear that traffic would be a major concern without any knowledge or information to back that
up. All right. So, and I understand people overreact if they don't know the facts. Now,
how far do you live from the site? I live on the 200 block of West Highland Avenue and walk daily
to town. So, you would not be an adjoining neighbor that would live next to a commercial
use on this site if one was to be developed is that relevant well i can ask the questions and
you can answer them that's what's relevant here you can just answer the question i think it's
obvious but yeah the way the parking wasn't going to be a problem there's a lot of obvious
i don't have any further questions thank you okay thank you all right mr clinton uh and everyone uh
Do you have anybody you need to have on today, Mr. Clinton?
Today, Mr. DiCicco, no.
Because I even sensed from Ms. Wright, and correct me if I'm wrong,
that there's still an opportunity, as we said at the outset of this meeting,
that we would do a resumption hearing,
which will give all the folks who are having interest in,
between the developer and the neighbors,
an opportunity to have further conversation.
So with that, if you rest, are you resting?
Well, if there's other people who want to talk,
they'll be able to talk at the resumption hearing, correct?
Yes, correct.
Because I think today, based on Ms. Wright's,
I'll call it the petition, whatever it is that she circulated,
the three areas were trash, height, number of homes,
and I'm sure there's some others,
but they seem to be the biggest issues confronting the community.
I think it was density and massing.
I call it number of units is density.
I yeah may have seen called I get that all right so uh Tanya we have a resumption date
uh yes chair we're going to do June 23rd at 2 p.m. okay thank you all uh MI 2021-000730
30 West Highland Avenue this hearing will be resumed on what was that again June
This hearing will be resumed on, what was that again, June?
Wednesday, June 23rd at 2 p.m.
So noted.
Thank you.
At which time, any feedback from the RCO and the District Counsel person's office?
Thank you.
Does the court reporter now need a break?
I know we're running late.
We still have five cases on the 2 o'clock list.
Mr. Chairman, may I have three minutes?
Tip five.
Thank you.
I believe 8 and 9 will be heard together MI 2020 excuse me MI 2021-000666 3951 Lancaster Avenue and MI 2021-000665 3935 Lancaster Avenue and I believe it's Mr. Mattione.
Okay, Mr. Chairman, Mr. Mattione has been promoted to panelist.
Mr. Mattione, please identify yourself, spell your name for the record, and I'll swear you in.
Good afternoon, Mr. Chairman. I'm 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 truth, the whole truth, nothing but the truth?
Thank you.
Carol, you want to proceed?
Do you also agree to wave the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with the required documents, 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, it's everything.
You may proceed. Thank you.
Thank you.
Wrong exhibit. Okay.
And these two properties are similar.
There are some slight differences.
3935 is in the middle of the block.
3951 Lancaster Avenue is a corner property.
I wanted to look to 3935 first.
and this property has
two refusals it's because we would like to have 10 dwelling units where seven are permitted based
upon lot size and to have a building height of 43 feet where 38 feet is permitted we do have a
support letter from the rco we met with them a joint meeting for both properties on march 15th
there was nine people in attendance, eight people in support, one person in opposition.
I just want to explain, there is a statement in the letter that says,
with the proviso that the project retained ground floor as commercial space is set forth
in the zoning site plan. When you look to the zoning site plan,
we have a very large the lot is 90 feet deep the zoning code requires us to have 30 feet
of commercial space off of lancaster avenue we actually have 51 feet of commercial space
this is lancaster avenue out here this is our commercial space going back to here 51 feet
Behind that, we have a residential unit, an ADA-compliant residential unit in this property.
We meet the open area and rear yard requirements.
We're seeking the extra units because it's been discussed in several of the cases today.
Commercial corridors are struggling.
Lancaster Avenue is no different than Chestnut Hill, or I believe it was on Lehigh Avenue in North Philadelphia, also discussed today,
where on Lancaster Avenue, this part of Lancaster Avenue, there have been 30 businesses closed within the past year.
So we're seeking the variances to allow greater density, to allow greater customers.
And the height variance is because we want to have a tall 11-foot ceilings on the commercial space to make it a dynamic commercial space.
One of the requests from the RCO, and this is not a zoning issue per se, was that we show, and this is what our property is proposed to look like, this one here, is a dynamic commercial space, large windows, all glass.
that's an entrance for the residences. But on the commercial space, we made it clear
that we would have, this is 3935, clear glass all the way through, very tall ceilings, so
Clear glass all the way through, very tall ceilings, so it distinguishes it from other properties, because there's several on the block, like 39, 34, 36, 42, 39, 48, 39, 50, that have gone all residential.
and it distinguishes you.
The variances have been granted, or they've been longstanding residential uses that are on this block, so we want to try and keep the commercial corridor here.
There are other commercial properties surrounding us.
This is the site.
It's a vacant site right now.
And I want to show just some of the other.
We have a bike store next door.
And just some of the other businesses on the other side of us to the west,
bagel shop, bike store,
And then just to the little bit to the west of that is 3951, which is also a vacant parcel.
As you can see across the street, there are some vacancies, residential use, that's 3942.
And again, across the street, other fully residential buildings.
So, you know, we want to stem that tide, keep Lancaster Avenue commercial.
That's why we have the large commercial space with the large windows on this building.
What we do have, like I said, residential use, it's not a refusal because the residential
use is after 51 feet of commercial space.
And then we have residences.
We have on the second, on the first floor, we have a residence that's a one-story residence
to be ADA compliant at the rear behind the commercial space. There's going to be a ramp
or something to have access to it, but that's the unit. It's about 820 square feet, two bedrooms,
two baths, and for the second, third, and fourth floors, we'll have three units on each floor,
a two bedroom, two bath unit in the back, a one bedroom unit in the middle, and a two bedroom,
two bath unit in the front. These units help create the critical mass necessary for
Lancaster Avenue to continue to rebound and succeed. For 3951, again, similar, it's on the
corner of Lancaster Avenue and Haverford Avenue. I just want to raise the refusal here because it's
slightly different. Again, because we want to have seven units where five are permitted,
43 feet where 38 is permitted. But we have some ground floor commercial space on the
Haverford Avenue side of the property. I will go down to the site plan and explain it because of
the uniqueness of this property. Excuse me, this is Sharon, if I can interrupt for one minute.
We also have an email from Councilwoman Gauthier's office.
They, too, are asking for provisos requiring commercial space along Lancaster Avenue.
Not necessary for 3935, because that is not a refusal, but perhaps for 3951, since it will emphasize that Lancaster Avenue, that frontage is to be commercial.
I believe in the application you said non-residential rather than commercial.
So in that one, it might be useful to have that proviso.
Thank you.
We have no problem with that proviso.
This is Lancaster Avenue.
This is Haverford Avenue.
This is the commercial space.
It is all Lancaster Avenue and for about 40 feet of Haverford Avenue.
It's only the last 20 feet of Haverford Avenue that's residential.
There's a residential, bi-level residential unit there.
The rest of it is, and we have no problem with a proviso that says commercial space.
That's what we designed.
That's what the neighborhood approved on this case, which was held a half hour after the first case at the RCO.
It was a 14 in support and one in opposition vote.
Their letter is attached as well.
I just want to show, because I did ask us, and the renderings do show, again, an 11-foot floor-to-ceiling commercial space, all glass along Lancaster Avenue, all glass along Haverford Avenue, except for where the residential unit is in the back, which, again, is far off the corner.
Again, there's your Haverford Avenue frontage. It's all glass. It connects with Lancaster Avenue.
It's a really dynamic commercial space with the doors on the triangle. This is the residential
unit. The rest of Haverford Avenue, even though it may be zone CMX2, there are virtually no
Virtually no commercial use is back there, the commercial corridor, again, is on Lancaster Avenue.
commercial uses back there. The commercial corridor, again,
Again, I have similar photos showing a lot of the properties have been converted to all residential.
We don't want that.
We want to have the full commercial space here, and it's only in the back last about approximately 20 feet.
This is about 60 feet long.
So this corner is a dynamic commercial corridor corner where Haverford Avenue meets Lancaster Avenue.
And I think that that is acceptable.
The client, Mr. Eugene Nidovich, is on the line.
If he could be promoted so he can answer any questions there might be.
Good evening, sir.
Please identify yourself, spell your first and last name, and I'll swear you in.
Hello?
Hi. First and last name, please.
Eugene Nidovich.
It's E-U-G-E-N-E.
Last name, it's N as in Nancy, A-Y-D-O-V-I-C-H.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you. Mr. Marrione?
Thank you, Mr. Chairman.
And Eugene, did you hear my statements on both cases?
Yes, I did.
And are they true and correct?
They are.
And do you adopt them as your testimony?
I will.
I do. Do you have any issue with the having, as Mr. Oletta said, a proviso for 39-51 that it be
solely commercial use on the frontage on Lancaster Avenue in the area depicted in the zoning site
plan? Not at all. That was actually our entire plan from the beginning. Thank you. Thank you.
Okay, any questions from the board? No. Anyone else would like to testify in this case,
please raise your hand no further hands at this time mr chair thank you planning commission
good afternoon chair members of the board ian litwin planning commission staff the comprehensive
plan recommends no change to the existing cmx2 zoning at these locations the application is an
overuse not justified by hardship however the property could make use of the mixed income
housing bonus to allow an as of right increase in the number of units and height the planning
commission recommends a request of variance does not be granted uh thank you mi 2021-000666
3951 lancaster avenue my vote is yes with the proviso first floor frontage to be used for
commercial use only my vote is yes with proviso yes with proviso yes with proviso um excuse me
chair was that 39 51 that you just voted 39 51 okay so that has Haverford avenue frontage too
so if you could say specifically that um commercial use along Lancaster avenue frontage
okay so the proviso will be first floor frontage along Haverford Avenue for commercial use
that's the proviso thank you thank you I thought no I thought it was
for the last 20 feet of Haverford Avenue commercial commercial frontage on Lancaster
Avenue that's what I had I figured commercial should be on Haverford uh when Lancaster
right yes just want to make sure i heard it correctly that's all yeah i know i know where
this is okay mi 2021 that's 000665 3935 lancaster avenue my vote is yes my vote is yes
my vote is yes
my vote is yes my vote is yes carol number 10 number 10 mr sherman has already been sworn in
thank you yes i remember that calendar number two five six eight four six one zero north broad
Street. Sherman Toppin?
So, Toppin, if you're still in the virtual audience, please raise your hand, sir.
Hey, Mr. Toppin, can you put your name and address on the record, please,
and spell your last name?
Then to add Leonard and then any other...
Okay, there we are.
Yes, name and address and spell your last name, please.
Yes, my name is Sherman Toppin, S-H-E-R-M-A-N, Toppin.
Excuse me, Mr. Toppin, there's some background noise, someone.
Let me see if I can make sure that there's no sound.
Let me, let me, let me, if that's you or.
Let me see if I can make.
Please proceed.
Thank you.
Sherman Toppin, S-H-E-R-M-A-N-T-O-P-P-I-N, and our address is 1800 JFK Boulevard, Suite 300.
You're already under oath, but do you agree to await the reading of the refusal and stipulate to its accuracy?
That's correct.
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, we do. Yes, I have. Yes, we do.
Thank you. You may proceed.
I should be joined on our presentation with Mr. Malik Jones. He is the owner of the property. Perhaps he can raise his hand at this time.
Mr. Jones, can you put your name and address on the record and spell your last name?
Malik Jones, that's M-A-L-I-K, last name Jones, J-O-N-E-S.
And do you swear or affirm to tell the whole truth and nothing but the truth?
Mr. Toppin, you may proceed.
Okay, I am opening up the documents as we and I'll share my screen in one moment.
And the 13th Ward sent a letter of support.
Yes, so I can share my screen. I'll be working on that right now.
Is my screen visible to everyone?
Yes, we have it, Mr. Topkins, but we have your Zoom on the screen.
Okay, let me go ahead and shift the, are we in the right place now?
No, we're building forward with confidence, though.
yeah i think i think you might want to um open up your document and then unshare
yeah i have that i let me go ahead and just go back to
is that now share no you okay yeah now we have it okay yeah i have like too much open i'm sorry
about that okay so we're here today for um the property located at 46 10 to 12 north broad street
this is a property that is uh zone cmx 2.5 as you can see in my cover picture here this is the
exterior to the property facing north broad street the property has a rear side that will also be
visible and i'll move down to our pictures in just a few minutes um here's our exhibits we're going
to be sort of walking through these exhibits very quickly for the board um some of it has already
been presented as far as the refusal we actually there's a referral in this particular case so we
have that there um our second exhibit just our zoning registration how we got here uh third we
have our project information sheet which is already there of record um our application for
special exception is our next exhibit um here's our deed a little crunched up but we do have a
deed for the subject property which is here and as we move down we've got um tax certificate for
Mr. Millick Jones. It is good as of this moment and through the course of its ballot through 519,
2021, as you can see. And exhibit number six, this is the bird's eye layout of the property.
I want to take some time to sort of talk about this and the pictures that will follow.
So the property is a one-story structure. The structure sort of takes on a, has a little elbow
there north broad is facing this this side so you enter the property from north broad you would be
in there's this wide open empty space in this area here the visual is i can let me turn it around
okay so if you're coming in north broad you'd be coming into what's called restaurant seating area
it's about 18 feet wide by 42 feet long and then it takes an angle a short angle and this is the
proposed back side of the property so just to give you a sense of what is proposed here
as it exists today if you're on the beltville side this is the entrance there's a large commercial
kitchen that is existing already it just needs to be refurbished basically as you move through this
door there's a bathroom that needs to be refurbished and then there's the wide open area so there's not
and then there's the wide open area. So there's not much to the inside. The only thing needed
much to the inside
here is interior finishings, and we'll see some pictures in just a few minutes. What we're seeking
to do with this particular zoning application is for there to be in this restaurant
seating area. We're looking for, of course it's a different matter, but this is going to be
a catering scenario where the commercial kitchen will serve the folks that will be seated in this
area. The business, Mr. Malik Jones, operates currently a, you know, he's a vendor that
operates a chicken and rib establishment that will, I guess, a kiosk and grill outside in this
area already and has been doing so. And then so this family is now moving the operation indoors
and that's what's going to be accommodated by this zoning application. And so this is the
picture of the zoning notice that's posted on the property currently on the front and back. Now this
is what the inside, okay, this picture is upside down, let me turn it around. This is the inside of
the restaurant seating space. This is what it looks like right now. As you move down, this is
that elbow that turns around as it moves, so it takes an angle. This is that hallway as it angles
over. This is all in as it's conditioned right now. This is the bathroom, one bathroom that's
there, and this is the commercial kitchen that is existing. As you can see, everything kind of
needs an upgrade, and that's what the family would like to do upon getting zoned to proceed.
Here's another picture of that hallway. You can see that the bathroom is in this door that's in
the front and then this is the little pathway to the open seating area that i just showed you
and then this is the side of the establishment that faces belfield right here and so the family
was known as you know they served out of this out of this load historically there's no indoor seating
in this space they just cook here and basically have a vending of food outside so what is and
this is the north broad side so the two entrances depending on which side of the street you're on
you're looking at this side entrance or this entrance the north broad so basically in the
north broad this is where the family will have new signage new door entry completely prefurbished
and they'll go into the establishment and have seating for however many the the fire code permits
and that that's something that the fire code has up in their fire marshal and ellen i will be
determining when they have their their plans for whatever interior build out they're going to do
there but there will be no effect nothing but cosmetic increases to the outside of it and the
inside itself and so when we was there a question yeah if you could summarize it would be helpful
Oh, sure, sure. So at this point, we've had an RCO meeting. In that RCO meeting, we presented this to the RCOs and to the members of the community who are present.
All the members of the community unanimously approved this. This is our notice list.
They unanimously approved this particular zoning application.
Mr. Karn, who is the head of the RCO on the 13th Ward, provided a letter of support.
This establishment is right next to a very well-known other, you know, Mr. Sid Booker's establishment.
Everyone, very many people are familiar with that corner and that establishment.
And this is his neighbor.
We have support from everyone around.
And I simply would like to have Mr. Jones on at this time just to confirm what we've talked about as of this moment in time.
So, Mr. Jones?
Mr. Jones, please identify.
I think you already identified yourself.
I'm sorry.
You're already sworn in.
So, Mr. Jones, you've been listening to what I've been talking about
and describing the use of the property and the presentation of the property
as it exists today.
And do you agree that the things that I've been saying about this particular
property and this loan application are true and correct?
Would you like to add anything that I haven't mentioned or make any amendments
to anything that I've said?
No, I believe you kind of summed everything up.
And would you like at this time for the board to adopt what I've testified to as your testimony?
Thank you.
And that said, if there's any questions, we'd like to entertain those.
Questions from the board?
Anyone else would like to testify in this case?
Anyone else would like to testify in this case, please raise your hand.
Please raise your hand.
Mr. Chair, Mr. Charles Richardson has his hand up. I will allow him to speak right now.
Good afternoon, Mr. Richardson. You're still under oath. Please identify yourself.
Thank you, Mr. Chair. Charles Richardson from the Office of Councilwoman Cindy Bass Room, 312 City Hall.
I have on the line Charles Karn who was having a hard time getting in so he's on on my phone
right now he has some questions and so I guess you can swear him in. Mr. Karn could you hear me?
Yes sir. Okay spell your last name please.
Charles Karn. C-A-R-N. Okay first name is Charles. Do you swear or affirm to tell the truth the whole
truth nothing but the truth yes sir thank you sir please proceed sir um we did we did share the
meeting for the um 4610 uh north broad street uh we looked over the plans one of our concerns was
to the um owner and to the rep was if you look at the property next door is sit bookers and to the
north of it is a daycare center we asked what was the capacity to be included um in his plan
there wasn't there was no capacity the owner and the representative was supposed to contact
the 13th Ford RCO so we could discuss what was the fire coup for that building
That never happened. The last conversation we had was that they wanted to continue the last ZBA hearing, and this is the first I've heard that the meeting was going to be today.
Well, two things, Mr. Karn.
There's a letter of support from your ward.
Yes, sir.
And the capacity, that'll be determined by L&I and the fire marshal.
And that's not, we as a board can't, we can't make those decisions.
It'll have to be done by the fire marshal and L&I.
Yes, sir.
But that was one of our concerns, and we were under the belief, as a courtesy, that we would have been involved because of the last email that I received from the lawyer, I mean, from the representative, that they would give back to us, and we were assuming prior to the CBA meeting.
Mr. Topkin?
Yeah, in our packet of information, I do appreciate Mr. Karn. Mr. Karn is correct. We did get back to Mr. Karn. I emailed him in, I guess, our Exhibit 12. Our Exhibit 12 was an email to Mr. Karn in which I mentioned to him that L&I is not coming out to visit the property to determine its zoning until the use is approved.
And we actually, Mr. Karn, requested a proviso, which I included in that email, and the proviso was that the maximum capacity for the proposed use shall be determined by L&I and or the Philadelphia Fire Marshal's Office based upon the square feet of the premises, its configuration and use, and shall be posted accordingly on the inside of the premises.
So this was agreeable to Mr. Karn, and because we were not able to, you know, get a predetermined capacity from L&I.
And so I apologize if there was more, if there was other communication expected from Mr. Karn, but I did believe that we made that effort, and we did cross this bridge and discuss it.
Yeah, and that's the way, Mr. Karn, I mean, it's part of the testimony, but it's also the way occupancy gets approved, as I said, and it's been in Mr. Toppin's testimony.
That'll all be determined by L&I and the fire marshal.
Chairman, okay.
We can definitely agree with that.
We do want development in the 13th Ward.
that was our conversation and Mr. Toppin did say right that we were looking for further
conversation towards that however we do support the variant. Okay well thank you for your time
Mr. Richardson do you have anything else uh yes Mr. Chair the council has no opposition
thank you very much planning commission
good afternoon board Peter Bernard for the planning commission
uh please identify yourself spell your first and last name pete
Please identify yourselves by your first and last name.
P-E-T-E-R.
Barnard.
B as in boy.
A as in apple.
R as in Roger.
N as in Nancy.
A as in apple.
R as in Roger.
D as in dog.
You swear for him to tell the truth, the whole truth, nothing but the truth?
Thank you.
Please proceed.
The comprehensive plan recommends no change at the existing CMX 2.5 at this location.
the proposed special exemption will not cause detrimental impacts to the neighborhood beyond
what normally might be expected for this use the planning commission recommends that the
zoning board grant the special exemption thank you mi 2020-002-568-4610 north broad street my
vote is yes my vote is yes my vote is yes my vote is yes my vote is yes all right carol 13
Calendar number 1171, 541 East Worcester Street. The attorney listed is Sean Whelan.
Mr. Whelan, can you put your name and address on the record and spell your last name, please?
please? Certainly. Sean, S-E-A-N, last name Whalen, W-H-A-L-E-N, here from Vintage Law on behalf of
the owner and applicant. Address is 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003.
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.
And have you emailed an exhibit packet with proof of the ownership tax compliance, refusal, referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, yes, and yes.
Thank you, thank you, thank you. You may proceed.
Thank you very much.
My name is Sean Whalen.
I'm here on behalf of the owner and applicant for 541 East Worcester Street.
I'm going to share my screen.
Given the hour and the length and complexity of this case, I'm going to do my best to try
to be brief, but summarize things for you in a way that I think clarifies everything.
So I can't see what's on your screen. Can you guys see an aerial map from the city?
Okay. So what I'm showing you is an aerial map. This is the LaSalle neighborhood, the larger LaSalle neighborhood.
You can see all the LaSalle buildings here. This is sort of the heart of part of their neighborhood.
And I just thought it appropriate. This is kind of zooming in.
This is a LaSalle apartment building. Our project is actually just right here, so you'll be able to see it, but I thought contextually it would help here.
So this is a very large industrial property right here. It is currently vacant and I presume ripe for redevelopment, which would likely involve heavy residential use.
This is a large LaSalle apartment building that received a variance just shy of 10 years ago.
This is a large apartment building, and there's another large apartment building right here,
all that received variances in the last 10 years to do multifamily.
This is an RSA 3 single-family attached only housing.
As you can see, the larger neighborhood, there are still pockets of single-family housing,
but there really are not in our area. So what you'll see here, this is our property right here.
It's a large rectangular, sorry, not rectangular, but more triangular parking
property. We are nestled in, again, the large one variance here, another variance here,
and another variance here for three large apartment buildings. Up the street are all
those larger LaSalle buildings that you saw as well. What there are is there are three holdover
homes, three individual row homes here, and these are one and two twins. So we can start to see them
as we zoom in. Our twin is this property right here all the way to the corner. Again, it's about
8,000 square feet, but given the angles and whatnot, the setbacks, essentially the only
thing that could be built on here is a single twin in the place, size, and location that it is now.
um in in the place size and location that it is now
um so again here's just another view i know this was uh one of the main concerns of the rco was
um you have a big apartment building here you still have this house which is uh its property
is like this um this will remain we do not own this property and we're that is not part of the
project. We will, we are proposing to demolish this project or this house right here and build
a 16-unit apartment building that would be commensurate with actually smaller and less
dense than the neighboring properties. So there's been significant back and forth here.
You might have been shocked to see this is actually a 2019 application and 2019 original
appeal. So here I've kind of outlined for you, and I think this aerial does the best view.
These are the last three remaining single-family row homes. This is that large apartment building
behind us. Here's the LaSalle building. This is Armstrong Street right here, and this is East
Worcester, sort of a major thoroughfare up in north and south through the LaSalle neighborhood,
major bus routes less than half a mile to the train and this is that enormous
vacant industrial project right now.
So again just a final view this garage right here belongs to that single-family house here
outlined is our building there's a detached garage at grade here so the grade is actually
higher along East Worcester. So this detached garage is lower. It's currently approved as a
single unit additional dwelling. So we have approval for three units in the building.
This was a variance from 2015 and another unit in the fourth building right there.
So again, just to give you the aerial view of what we're talking about,
This is Belfield Avenue, North 20th Street, and East Worcester, which I assume most people are familiar with.
And then you have the Worcester Apartments, which are part of LaSalle.
This is all a large LaSalle development, as is this.
Here's the nursing school that they have up there and all of their other facilities.
So, again, this is a large 8,000-square-foot lot.
um the original application which i presume you will hear a lot about from the i'm going to keep
talking while i go through these photos so you can see this is our town home right our twin right
here the second twin would be right there this is that large uh lasalle development just to the
north of us um so as you go up this is now looking down worcester that our property would be right
here and here and you can even see this is you know calling for juniors and seniors to uh to
take part this building wraps all the way around there's no setbacks um there's parking on both
sides of the street all the way here here's the second apartment building uh the one in behind
in behind the um three row homes and then this is uh basically standing at that corner
and looking north instead of south towards our property.
This is a LaSalle building, as are these.
Now, this is actually a gated community for LaSalle.
There's a security guard in there who did not appreciate my attempt to convince him
that I needed to take pictures for you.
So, no pictures.
and then this is Armstrong Street our garage which is approved for one unit is essentially
where you see this truck right here you'll see a picture of it and this is the industrial site
to the south of us so here's the best picture here's our existing garage there was an existing
curb cut there it still exists our twin is on this side and the other twin is on that side
There has been a lot of concern, and I understand from the RCO, the primary concern from the community has been demolishing one twin from its attached twin.
Obviously not a zoning matter, but this would certainly be done by hand in accordance with all demolition rules and regulations and is part of the standard practice in Philadelphia.
Um, sort of just a couple more views up and down Armstrong, um, trying to move along now.
sort of just a couple more views up and down.
This is what's directly across from our, uh, property on the other side of East Worcester
Street.
This is a huge, um, green space owned by LaSalle, uh, with no development on there.
Um, so, uh, originally, oh, here's, uh, so this whole area is all RSA three and RSA five goes back sort of, uh, west and north of our project.
All of this, aside from the houses right here and the one twin right here, is all now large-scale, multi-family, multi-density, which you'll hear our land planner testify that we are actually less dense and not as intrusive as those existing buildings.
So here's the project. You can see the aerial view.
we are proposing to demolish the garage and our twin. Here's the beginning of that large
building. Here's the existing buildings behind us. And here's the single-family twin next to us.
In part of the original discussions with the RCO, our building was pulled back so as not to be
so imposing here. Our height is actually code compliant. So we would not be, you know,
there's a three-story twin house next to us, we would not be sort of higher and more imposing
than that twin next to us. What we have done is the access is along Armstrong Street, and you
see here sort of a courtyard entry into the building. We also have a rear open space back
here. Another concern of the RCO was we have a fenced-in trash area here. It is screened from
any visibility or note. You would actually also have a wooden top. We would have private trash
collection. The private trash truck would pull up along Armstrong, walk in through a gate, get the
trash, pull it out, dump it, and put it right back in. The whole process would be less than five
minutes. So originally this project was for 22 units with a breakdown of mostly one and two
bedroom units and with four commercial units on the first floor. We believed that a lot up and
down East Worcester Street would be quite viable for commercial units. There was four small
commercial units right here at street level. There's a lot of commuter traffic, a lot of LaSalle
traffic here. The consideration there was that having a small cafe, corner store, something like
that would be quite an amenity for the neighborhood and very successful. You will see as I get to the
RCO, the RCO is in adamant opposition to the project. They were, so when this was previously
represented by another attorney and presented in person back in 2019 there was a belief that
the use of the commercial spaces and the number of residential units was some sort of bad faith
offer by the by the owner which he will testify to in order to try to purchase
this house here as you will hear that was certainly not the case he had every intention
of lining up commercial tenants and this is actually a more viable project with commercial
tenants at this area so we will walk through that the refusals are extensive if you look at them
as they stand the basis for that is essentially we've agreed to get rid of all of the
um commercial refusals so what you see and i've done here just for the ease here um i've crossed
out personally all the refusals that would be taken care of uh per provisos that we have agreed
to uh in order to address the concerns of the neighborhood and the concerns of the planning
commission we actually met with the planning commission staff and we've adept we've adopted
uh all of their comments as well um chairman chico i see your mouth moving i'm not sure if
you were meaning to speak to me i was i'm sorry it wasn't i apologize i was just thinking out
loud moving my lips i apologize this case did we have this case in front of us in 19 uh no so i'm
No, so I'm about to get to that because it's relevant.
about to get to that because it's relevant because it looks familiar it looks familiar that's why i'm
Because it looks familiar. It looks familiar. That's my mask. All right.
Yeah, so what happened, and I'll keep moving along. The original application is from January of 2019. The original refusal and appeal are from March of 2019. And the matter was presented to the RCO.
The RCO was unhappy with a number of things, which led to quite a few of our revisions and approvisos.
In December of 2019, this matter was continued attorney-moving party by the prior attorney.
There was sort of a breakdown of communications, I understand, which still remains apparent with the RCO.
and this was just continued and in fact I think the RCO believed it was disbanded and or withdrawn
which it was not. We then, I got involved last year during the pandemic, requested a hearing
with this board so we presented this case on September 22nd last year. The board was
just about prepared to vote and asked for any additional testimony if there was any
and Mr. Richardson from the Councilwoman's office appeared on behalf of the neighbors
and stated that the neighbors were entirely unaware of the project
and we were somehow trying to circumvent the process in moving forward.
So this board asked if we would continue the hearing at that time
and reconvene with the RCO, make sure they knew exactly what the project was
and that we would move forward.
So that's where we stand now. What you see in front of you is a letter kind of confirming, just from last month, the provisos that we have put in place.
We're reducing residential units from 22 down to 16. All of the units, so the neighborhood was concerned about another apartment building coming in.
So we are making all of the proposed units condos.
We have removed all of the commercial uses.
All of the upper floor residential balconies will be removed.
The trash will be screened, as it was always, but we wanted to make that an explicit proviso because it was an issue for the neighbors.
And then one of the comments, we actually met, as I said, in early March with the Planning Commission staff and tried to adopt all of their comments in the revisions.
The only one that was really appropriate for a proviso was that the building's amenity space would be moved from Armstrong Street to Worcester to try to activate that area.
yeah is the trash going to be commercially is it a commercial trash pickup or is that
it'll be a private commercial trash pickup so it will actually because of that it'll be one
of the smaller commercial trash trucks it won't be one of the large city trash trucks well there's
the reason why that matters and I'm glad you brought it up is that there's a concern by the
RCO that trash trucks even though trash trucks do go up and down Armstrong Street that we would
somehow overburden the use of those trash trucks so this will be a smaller private collection
so as i said this board requested that we continue the case even though we had met and presented the
case to the rco and received a detailed you know opposition letter this board requested that we
continue the matter and reach out to the rco what you're seeing right now i will not walk you through
but it is the first of probably two dozen emails I have with the RCO, all with Ms. Brodus,
who I believe is on the call today, so you'll hear directly from her. In short, I have 66 pages
of emails with Ms. Brodus. The RCO, for reasons of their own devising, refused to meet with us.
They refused to have a phone call. They refused to have a Zoom meeting or any kind of electronic meeting. They refused to have an in-person meeting. They informed me that they were proceeding on the papers or a paper submission.
um i was unable to and prevented from speaking to anyone so i don't know if there were any concerns
or any issues um miss brodus you know informed me that speaking you know emailing with her was
not the same as speaking with the community but i don't know who the letters were sent to
So what you see now is, here's the original letter from the RCO in opposition from 2019, June of 2020.
letter from the RCO in opposition from 2019, June of 2019. And here is an important community
notice that went out. It is unclear to me who this was served on. I received it just
late last week. You know, it does have some of our updated information, but is sort of,
you know making the case against the property as it is and again i don't know who it was sent to
who who the community is um and then just today at one o'clock the rco sent a follow-up letter
uh kind of basing its uh negative opinion of the case on on you know its prior determination
nation um yeah what we have done in you know i i think we've done everything we can in trying to
move this forward um i believe that you know the hardship here to try to move this forward is
you know this neighborhood has completely turned around you know we've seen this all over the place
we see it uh daily along washington avenue along frankfort and what in fishtown um you know
neighborhoods that were once one type of neighborhood no longer are that kind of
neighborhood. And in the last 10 years, it has shown that the immediate neighborhood around
this property is no longer a single family housing neighborhood. It is now a much denser
multifamily development neighborhood. And that's what, you know, that's what we are presenting to
be in line with that. In addition, we have presented two petitions of support that I won't
walk you through, but they're in there from 39 different individuals. Again, I don't know if
they were sent the community request or not from last week, but they did support this project
as it was revised and amended.
The refusals that we have them are in line
with putting a multifamily project here.
Again, this is a large, overly large 8,000 square foot lot
with setbacks for a single family house
that would be allowed under the zoning.
There really is very little buildable space
because of the um let me see if I can get to it this might be a better um because if you can see
this kind of triangular shape of the property uh it makes the setbacks very awkward and very
difficult to build with um so this is you know not an issue we created uh nor is the changing
neighborhood an issue we created. Both are grounds for a variance. Here we are presenting
no front yard setback or side yard setback. That would be along Worcester or along Armstrong.
Again, that's in line with all of the large scale developments that are near us. And this is
actually significantly less intrusive than those. We are required to provide 16 parking spaces
because it's a one-to-one ratio we have by reducing from 12 units to 16 we have attempted to
you know cure that somewhat we are offering 12 parking spaces with a full ada van accessible
space that will all be at ground level off-street parking so you know i've already kind of belabored
the point about the changing of the neighborhood and you know i'll leave the rest of that discussion
to um i just have two witnesses today nancy templeton our our expert land planner and uh
laran grossman who's here on behalf of grossman holdings llc the owner um but again you have
an odd shape of the property where single family is the only um the only allowed use that basically
prevents you know any real use and leaves most of this property undeveloped um we have maximized
the parking to the extent that uh the property and the site allow uh we would if this site were
not triangular but were in fact rectangular we could easily meet the parking requirement and
and would have loved to right i mean everybody loves to be able to put as much parking as they
can in their uh in their apartment building um so this is this is just unfortunately and what
you'll hear from mr grossman is that this is not it's not functional as a single family house
anymore especially given its corner location and it's no longer really valuable as a as a
single family property um you know there there will be a single curb cut that curb cut
um you know there there will be a single curb cut that curb cut there is an existing curb cut in
front of what was the garage and is now that unit so there's no change in street parking there's uh
street parking on both sides of this um street and you know again unfortunately we thought at
the conclusion of the september hearing we would be able to resolve a lot of these issues
But as it came out, the RCO was unwilling to meet with us, speak with us, or really have any contact other than kind of some rote email exchanges.
I did also reach out to the councilwoman's office to ask if they wanted us to meet, you know, to have a formal meeting in line with what this board requested of us with a different RCO in the area and did not receive any response from the councilwoman's office.
So at this time, you know, we would just like to like to proceed to a vote.
So with that, unless you have any questions for me, I'd be happy to introduce my two witnesses and move this forward because I am cognizant of the time here.
Let's get your two witnesses and then we'll ask the board if they have any questions.
So your two witnesses just to adopt your testimony. I'm sorry.
Well, I will ask them just to go into a little bit of detail, but we will be very quick.
I will move it along as fast as I can.
I understand.
Well, it's not just, I mean, I don't know how much more they can add to what you've already given us.
It's not the first time we've heard this.
No, so I'll just ask Ms. Templeton to put on her conclusion so that it comes in her words and not mine.
So if you could find Ms. Nancy Templeton.
Ms. Templeton has been allowed to speak, Mr. Chair.
Good evening, Ms. Templeton.
Please identify yourself with a record first and last name.
Spell your name.
Hello, Nancy Templeton.
N-A-N-C-Y-T-E-M-P-L-E-T-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
thank you chair uh miss templeton um you know you've already provided us her name can you
tell us where you work a ch planning consulting firm in philadelphia okay and uh you were retained
as an expert land planner in this matter correct correct uh if the board would like i'm happy to
go through miss templeton's extensive uh you know background here but i'm happy to just stipulate to
We'll stipulate to her credentials. Thank you. Thank you, Chairman. So, Ms. Templeton, you know, you've heard all of my testimony, or did you hear all of my testimony today?
I did.
And do you believe it to be true and correct to the best of your knowledge?
And would you adopt it as your own?
I would.
Now, just in anything that goes beyond what I have already testified to, could you please describe kind of your conclusion as to the land uses and viable land use and appropriate land use of 541 East Worcester in line with the 2035 plan and your expert opinion?
Sure. Well, I do just believe that the neighborhood, this immediate neighborhood has just changed so much. And I do think having a single family home there would be difficult given the surrounding density and apartments.
It feels somewhat wedged in there.
I think with the large industrial property, which is most certainly going to be developed, I don't know into what, but probably likely not single-family development.
I just think apartments or multifamily fits better in that location.
Thank you.
And would you opine that this is, you're familiar with all the requirements of the zoning code for the grant of a variance?
Yes, I am.
And do you believe that this project as presented with the provisos meets all of those criteria for the grant of a variance?
Yes, I do.
And do you believe that there will be any, in your expert opinion, be any negative impact from this development?
No, I don't see additional negative impacts.
Okay, and do you believe, finally, that this would be holding in line with the 2035 plan from the Planning Commission?
Yes, in as much as the plan said that the area is, the demand for housing is very high.
the the demand for housing is very high and the supply is very low and there's a need for
additional housing in the neighborhood all right thank you very much miss templeton
i would offer miss templeton up for any questions the board may have
i'll have a question for you mr whalen is is 541 east worcester currently occupied
I will allow the owner to testify to that.
So if there's no questions for Ms. Templeton, could you please bring up Leron Grossman?
Leron Grossman, please identify yourself with the record, spell your first and last name, and I'll swear you in.
Jerry hasn't raised their hand yet
Mr. Grossman
are you in the audience
okay here we go
Mr. Grossman has been allowed to speak sir
good evening everyone
my name is Leroy Grossman
L-E-R-O-N
G-R-O-S-S-M-A-N
you swear or firm to tell
the whole truth nothing but the truth
yes sir
Thank you. Please proceed, Mr. Whale.
All right. Mr. Grossman, you stated that you're here on behalf of the owner, Grossman Holdings LLC?
That's correct.
Okay. And you are personally also a professional real estate, a real estate professional, yes?
That's correct. I'm a real estate broker.
Okay. Thank you. Now, did you hear all of the testimony that I presented?
Yes, I did.
And do you believe it to be true and correct to the best of your knowledge?
Yes, I am.
And would you adopt it as your own?
Now, very quickly, I don't know if you heard the chairman asked whether or not the property is currently occupied or whether or not our property, that is, 541 East Worcester, is vacant.
It is going to be vacant.
I'm sorry, chairman, go ahead.
Did he say currently vacant?
Yes, it is currently vacant.
There are no people living there.
When you purchased, Mr. Grossman, when you or your company purchased it, was it occupied?
Correct.
It was?
Yes, it was.
It was owner occupied?
It was not owner occupied.
It was occupied.
Thank you.
Very briefly, Mr. Grossman, because you've already adopted my testimony as your own.
um you know is there anything else in relation to what what's the current condition of the property
it's very poor condition that's why we removed the tenants uh the property both properties are
very very poor condition it's a lot of work okay so so it's no it was no longer good good in good
condition for residential tenants? That's correct. Okay. And is there anything else that you would
like to add beyond the testimony that I have already provided and you've adopted? Yes. LaSalle
buildings and the surrounding area have a large multifamily building already existing. I thought
originally that commercial stores and cafes will be very, very viable to the area, to the
neighborhoods. I actually talked to many people in the past. They loved the idea. After the
hearing with the RCO, hearing their concerns, we revised the project to accommodate their concerns.
and we also reach out to the next door neighbors and regarding purchase of their house at some
point and i think we were more than generous with our offers and they respectively refused we moved
on i think that given the change of the neighborhood and you know the requirement for
more housing you know i think it just makes sense to do a multifamily i don't think twin home will
will be viable or even possible in that area at this point um i did actually check in terms of
redevelopment if anyone would be interested and as i mentioned no one think it's viable to to
redevelop as a you know twin home or a single um i think yeah that said pretty much okay thank you
and just to make one thing clear uh there was a concern raised mr grossman that by the neighborhood
that this was just going to be more LaSalle sort of undergraduate housing,
but that's not the clientele that we are targeting, correct?
That's correct.
We decided to make it a condo to show, okay, this is not our intention.
We're not going to have students there.
Okay, thank you. I will offer Mr. Grossman up for any questions that the board may have.
Okay, thank you.
I will offer Mr. Grossman up for any questions at the board.
You may have mentioned this in your presentation. What is the average square footage of the condos?
What, for each condo?
Let me double check there.
Yeah. I don't have that information. I do have the breakdown. The breakdown, as revised, are two one-bedroom condos.
five two-bedroom condos, and nine three-bedroom condos.
So these will all be much larger.
Yeah, we believe really kind of family-oriented condos
in this neighborhood that simply doesn't exist yet,
even though there's significant density.
And as you heard Ms. Templeton testify,
there's a demand for real housing in that area.
Okay, thank you.
Questions from the board for any of these witnesses?
No, no.
If anyone else would like to testify in this case, please raise your hand.
Mr. Chair, we have an Onita DeBrady with her hand raised.
I would like to speak now, sir.
Ms. Chair, could you please identify yourself, ma'am?
Spell your first and last name.
Good afternoon, Mr. Chairman.
My name is Onita DeBrady, spelled O-N-E-I-T-A, last name DeBrady, D-E-B-R-A-D-Y, and I am
the homeowner of 543 East Worcester Street, which is the abutted next to, or the joint
party wall with 541.
I just need to swear to you, Wendy.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Thank you.
Mr. Brady, please respond.
Please proceed.
Thank you. Thank you to everyone on the zoning board. I presented last time and I just want to
say that our opposition continues. I've also submitted a letter, Mr. DeChico, outlining
all of our many concerns. But before I go into the letter, I just want to respond to what Mr.
Whelan said about the offer or Mr. LeBron Grossman said about the offer that was made on our home.
There was an offer made, but it was with the stipulation and requirement that we put a lien on our home and that we support them at the RCO meeting so that the project would go through and that there was no guarantee that they would purchase our home even with the lien placed on our home if the project was not supported by the ZBA or, excuse me, allowed by the zoning board hearing.
I'm sorry. I'm a little nervous because this is the second time I've been before you.
Relax. You're doing fine. Relax. You're doing fine.
My family and I have lived here for more than 30 years.
We own our home.
We continue to oppose the requested zoning variance to detach and demolish the adjoining twin home,
with which our home shares a party wall.
if demolition in construction without a professionally engineered plan for protection
of the adjoining home is a violation, please note that I have not been consulted in any way
on a written plan to protect our home. And as a matter of course, I cannot consent to the proposed
multi-level multifamily building being partially abutted to our continuously inhabited family
dwelling. Additionally, the home that was purchased, which was 541, there were renters
in that home already there um three levels of renters there so that home could be re-evaluated
that same way and when we talked about it in the last zoning board hearing there was already a
variance that was approved for the number of occupants already in that dwelling place um the
house so these are our concerns and i know we've been here for a while so i'll try to be very short
um our many concerns include the pre-existing damage construction and demolition so the house
at 541 has been abandoned and unkept for two years. There was damage to our home, and I'll
just skip to that part right now. When we originally made contact with Lorine, it was to let him know
that his property was causing damage to our home. We were made to know that someone represented from
his real estate company was going to come to see how his property was affecting our home. We did
not know that he sent his attorney and she identified herself after having walked through
our home and taken pictures of the damage. That damage is still unaddressed. It's still an
unaddressed claim, which has not been addressed by Leron. We are also property situated on a steep
hill. So being between two large buildings, right, it's going to be much longer. It's going to cause
ponding. Right now, the water has the ability to flow down the hill.
Right now, right now, the water has the ability to flow down the hill.
Being situated between those two properties, it's going to cause damage to our property.
Um, previous jet hammering through the bedrock that comprises this block and the demolition
and construction on both sides of our home has caused vibration damages to surface structures
that can clearly be seen. Um, certainly there is concern for the likelihood that further major
land changes may destabilize the foundation of our home and we fear you know this proposed
demolition again no written structural engineering plan involving our property has been shared with
us or any other known property to address the issue um lastly my mother is a proud senior who
owns we own our home sir and we she's raised her entire family in this house um and we have
children and grandchildren in our home that we keep um she deserves not to be subjected to this
hardship. A new, larger, and taller abutting structure will detract from just currently
what's here, and we don't want this project abutted to our home. It's already an issue
with the party wall. We don't want this project abutted to our home. The traffic is still
an issue. Worcester is still the main artery in and out of the community since the closing
of 20th Street, which provided traffic relief from Chew and Owney Avenue to the main highways,
And as I stated before, it's still a half mile or more to get in and out of the community.
And Worcester Street is that main artery.
There's already overdevelopment.
Pedestrians are already currently unsafe because there's no stop signs.
There's no lights.
There's nothing to control traffic on the Worcester Street Hill.
Additional foot and cart traffic to this area is already unreasonable.
It's irresponsible.
And it's unsafe.
The kids literally run between cars just to get across the street as it is.
You're going to add more people and more residents.
I think that is just really negligent.
Our family already waits for long periods of time to pull into traffic from our driveway.
We, along with all the residents, wait in long lines just to get into emergency traffic, just to get off our hill.
There's no parking on Worcester Street.
The tenants are already parking and piled up on Armstrong Street and Clarkson Street.
And one improperly parked car, which happens all the time, continues to block the entire street, hindered its access to the trash trucks.
I know he stated that they're going to have private trash pickup, but what you don't understand is that the trash trucks can't even get down the street.
There's no way for them to pick up their trash.
It's a hindrance to the maintenance and utility vehicles and police and emergency vehicles.
we've watched it time and time again where people have not been able to get access up and down that
road in the evenings when it's really packed and during the day when people are still parked
during there. Additionally random cars continue to park on our driveway and are disrespectful
when they're asked to move. They're illegally parked and cause significant damage to our
property. The proposed plan will only serve to further exacerbate an already untenable
circumstance. Last two things is congestion. The apartment development next door to us at 545
East Westminster Street has provided more than enough evidence that the area has reached its
breaking point. When developers continue to ignore the warning signs, oversaturated of
oversaturation of an already densely populated area results in chaos and long-term negative
impact on the community. And lastly, like I said before, misrepresentation. There has to be some
level of moral conduct when approaching matters of this kind. The untrustworthy conduct exhibited
by this developer has given us cause for major concern. As I stated previously before, he sent
his lawyer instead of a representative of his real estate firm to come into our home, and not only
after she did her work did she identify herself. The final result has been a dereliction of action
as it relates to any repair to our home's damages, which we have now paid for, how can it be inferred
then that this developer will fulfill his duty to protect our home during the proposed structural
changes? I'm sorry. I'm done. I'm done. Mr. Chairman, I don't have any cross-examination
questions. I think I could just give a stipulation to Mr. Brady, which would possibly make her feel
more comfortable. She said that, you know, I did not know there was a request for any kind of
engineered plan with regard to the demo or reconstruction. All of that, as this board
knows, is not a zoning matter. That's a matter for building permits. We will fully stipulate that
we'll show everything we need to all underpinning anything else to Mr. Brady and her family and the
owners of that 543 as this moves forward. It's going to be a hand demolition that has to meet
all the requirements of the city um and the last thing i just was uh while mr brady was
And the last thing I just was, while Mr. Brady was testifying, I did find for you, Chairman, the average unit size is 1,200 to 1,300 square feet per condo.
Thank you.
Excuse me, Mr. Chairman.
Yeah, Mr. Holloman.
Yes. Can we do a resumption on this case until the developer give us a plan of how he's going to resolve some of the issues of his neighbor?
I'm not opposed to that. I'm okay with that. That or we vote it, whatever works best for the board.
Do we know that the developer is going to do that?
I would represent that, you know, this case has been ongoing since 2019. As I showed, I presented over 66 pages of emails in which I tried to meet and call and get involved with the community and they had no interest in doing so.
So I'm not sure that holding this will address anything, but to Mr. Holloman's point, I will stipulate here and even make it as a proviso that we're going to give Mr. Brady every and every piece of information with regard to the demolition.
demolition in the city is extremely heavily regulated now there's a wait time even after
you get the permit to post the property you're then required to do a site safety plan you're
required to have a site safety instructor on in place at all times all of this will be presented
to mr brady and i'm happy to meet with her in an ongoing basis but i think any further delay
of this case is unwarranted as the rco has just shown an unwillingness and i think a personal
animus towards the developer i understand the thing counselor but this is the neighbor
not the community this is next door to the property that he wants to develop
she shouldn't have all of these issues
um if uh if the board would um i can certainly ask my client if you're if the board would hold
you know close the hearing and uh just hold the case to vote for two weeks and i could speak with
mr brady again if mr brady is acceptable i don't want to speak for her that she's willing to
meet or speak with me but we close the record we're not allowed to take any further testimony
or anything so i know where mr holliman's going i think he raises some good points and
And I know it's been a long time.
I guess, Chairman, if I could, one, hear when a resumption hearing would be, and two, if I could hear from Mr. Brady that she's interested and willing in meeting or speaking with me either in person or electronically, then that's fine.
I just don't want to agree to another extension where I get told nobody wants to talk to me.
Understood. Is Ms. Mr. Brady still on?
thank you mr brady there's an offer by the attorney for the applicant
to continue having further discussions with you uh related to your the issues that you eloquently
described to us uh having said that if that is something you're amenable to we can resume this
hearing to a date probably i think in june uh if i'm not mistaken tanya one would be a resumption
hearing june 16th at 2 p.m gives you about five six weeks six weeks or so i i will be open to
that but it also needs to include the community as well sir because as as mr willin has said he's
not reached out to me at all during this time since the last hearing so i mean i do want that
to be on the record as well I mean I am the home owner of course but I and there are community
members who are interested in having conversation I'm not the only person understood but you as Mr.
Holloman pointed out are the most impacted there's no you know your property's next door if you're
right next door if this if this were absolutely demolition is going to impact you and no one else
but you the other issues will impact neighbors traffic congestion and things that but the issue
of safety and the integrity of your home being compromised, that's more important.
So just to be clear for everyone, and Mr. Brady, I'm sorry that it was not relayed to you. I
understood from prior counsel that you were represented by a counsel whose name I no longer
remember. So I was not allowed to reach out to you directly. I did reach out to your counsel who was
in Bala-Kinwid, but that did not go anywhere.
um but you know did not uh that did not go anywhere so um if you're okay with me speaking
directly with you i'm happy to speak with you and i'm happy to you know speak or meet with
either on zoom or um you know personally with people that you are including uh unfortunately
at this time i just can't agree and i'm not willing to continue the charade of meeting with
the rco um why don't we why don't you do this mr well why don't you have that discussion with
mr brady mr chico is it possible and and i will i will have that conversation with him as well
is it possible that we can hear from the rco at this time
well we can and we don't want to you know silence anyone and not give them an opportunity but
if your issues are not resolved no i want to speak to mr wellin i'm i'm clearly i definitely
want to but i also would like we're going to resume we'll resume this hearing and at that time
the community will have an opportunity all right so uh chairman chico just to be clear so i can
make this fast for everybody uh mr brady uh my phone number is 215-622-7402
and my email address is s as in sean w as in whalen at vintage v-i-n-t-a-g-e dash law l-a-w.com
you can reach out to me however you feel comfortable and i'm happy to speak with you
at your earliest convenience um mr the chair um this is tanya um may i ask that um the council
representative be allowed to speak Mr. Richardson yeah I was going to ask if he was on right and
what was that date again Tanya 619 yes sir at 2 p.m. 2 p.m. okay thank you I'm sorry was that 619
or 616 619 at 2 p.m. 19 okay thank you 9 at 2 p.m. Mr. Richardson yes Mr. Chair hi please
identify yourself i'm so sorry chair mr wellin is correct it's 6 16 at 2 p.m 16 okay 616 okay at 2
p.m thank you mr richardson you're still on their oath please identify yourself charles richardson
office of councilwoman cindy bass room 312 city hall uh would you like me to actually wait until
the the uh next next hearing to read the councilwoman's opinion based on i think yeah because
that there may be some change we may or may not be so if you don't mind we'll hold off we'll hold
off until until the next hearing yeah and we'll ask everybody else who's been waiting to uh
no disrespect you'll have an opportunity at the resumption hearing to speak uh mi 2020-001171
541 east worcester this hearing will be resumed on june the 16th at 2 p.m at which time we will
consider any feedback from the RCO, Mr. Brady, and the Councilwoman's office.
Thank you very much. Thank you. Thank you. Thank you. Can we go into 14? Yes. Calendar number 0636-6320
Stenton Avenue. Steve Bertil is listed as the attorney.
Hi, Mr. Bertil, can you put your name and address on the record and spell your last name,
please?
Good evening.
Good evening. Steve Bertil, B-E-R-T-I-L, Claire Harrison, Harvey and Bransburg, 1835 Market Street, Suite 1400, Philadelphia PA, 19103.
And you're still under oath? 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 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.
Okay, great. You may proceed. And your screen's already up.
Thank you very much.
Hello again. My name is Steve Bertil.
I'm here representing the applicant for 6320 Stanton Avenue. I'll try to make this as quick
as possible because I believe we have support across the board or non-opposition across the
board. As I stated, I'm here for 6320 Stanton Avenue, as you can see.
As I stated, I'm here for 6320 Stenton Avenue, as you can see from this area, basically the corner of Stenton Avenue and Washington Lane.
We're here seeking the special exception for the complete demolition of the existing building and the erection of a detached building for use as a takeout restaurant with a drive-thru window and five accessory parking spaces.
is a another area but just to get right to the site there's a better shot so you can understand
the the corridor that we're in um the property is on the cmx2 for commercial mixed use
um it's currently a vacant commercial building um right here if you can see my mouse um it fronts
As I said, right on the corner of Washington and Stanton.
You can see here, it's a shot from the street level.
The Stanton frontage, and here's the Washington frontage.
Just to give you a sense of the context, along Stanton Avenue, you can see that there's a commercial corridor with a mix of takeout restaurants, commercial storefronts, gas stations, and other commercial uses.
Here's another shot showing this.
The Pizza Hut and the Wing Street is now a Boston Market with the drive-thru.
Same, similar, takeout restaurant-type use.
KFC is still there.
There's the checkers of Pep Boys.
And then there's the plaza across the street.
So in terms of the previous uses, we're actually, the use that we're proposing is actually similar to what's been there in the past.
It's just in the past 10 years or so, it's been a Chinese restaurant, a pizza shop, a chicken eatery.
And there's been much more over the, or at least over my lifetime.
I actually grew up not too far from here, so I'm intimately familiar with this site.
And there's been many attempts for long-term use of this nature.
What we're proposing, as I stated, is a similar use of takeout restaurants.
except the difference is here we are the owners instead of the tenants, and also we have a national
chain or franchise that we're renting here. Before I get into that, let me just show you an area of
what the intention of the new structure is. Right now, as you saw from the photos, the structure is
kind of set back in the catty corner of the parcel here. We want to demolish that, erect this detached
structure with a drive-thru entering and exiting off of Stanton Avenue. The special exceptions
that we require for the drive-thru use because of CMX2 and for the take-out restaurant. If it was
just a sit-down restaurant, it would be by right, but because we want to do take-out,
we can see from the refusal, we require a special exception.
And so what's it going to look like? This is a rough sort of rendering. Because of the
uniqueness of the site, the building will be shaped a little bit differently. But we are
trying to put a Popeyes here, a national franchise, which we believe will have much more lasting power
than some of the attempts to utilize the site before. This actually will be the first site in
philadelphia um that's utilizing popeyes's new national branding um which we're excited about
here's some more shots of the exterior the rear
the drive-through styling and the signage and lastly here's sort of what the menu board will
look like we did we meet with the community uh we met with the registered community organization
the Cliven Hills Association on two dates. We had two meetings. The first one took place on March 11th
and the second one was on April 8th. I believe at the first meeting there were about 25 people
and the second meeting about 18 or 17 people. Ultimately the community voted to support the
project and I believe they sent in a letter of support pursuant to that. Our position is that
Because our intention, because we're the owners of this property, is to be lasting and good neighbors.
We've already made a commitment to work with the community on community events and work with them with their endeavors as an association in the community.
And because we are seeking a special exception for a use that is not only fistful in the context, but it's been utilized on this site and historically something that the community is accustomed to.
we asked this board to support
this special exception request
with me I have a representative
With me, I have a representative from the ownership.
from the ownership
Ed could you
Ed, could you raise your hands to be recognized, please?
It's Ed Bash.
Excuse me, what is the name again?
Mike Muppets, Edward, N-B-A-K-S-H, his last name.
Mr. Bass, please raise your virtual hand.
If you can't find him, I would ask the board.
Yeah, we'll stipulate that your client would adopt your testimony.
Any questions from the board? No.
Anyone else like to testify in this case, please raise your hand.
No further hands at this time, Mr. Chair.
Thank you.
Planning Commission.
Good afternoon, Board.
Peter Bernard for the Planning Commission.
The proposed special exemptions will not cause detrimental impacts to the neighborhood beyond
what might normally be expected for this use.
The City Planning Commission recommends the Zoning Board grant the special exemptions.
Thank you.
MI 2021-000-636-6320-Stetton Avenue.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you.
That concludes the two o'clock list.
Oh, boy.
Oh, boy is right.
Do we need to, Tanya, do I have to go through the whole presentation again?
i guess so huh um you can condense it if you wish all right how about if we take a five minute break
i know i need a five minute break all right thanks thank you anyway uh my name is frank
tachico good afternoon my name is frank tachico i'm the chair of the zoning board of adjustment
i'll be participating in this evening's hearing along with our vice chair ms carol tennari
board secretary confessor plaza and board members Mr. Thomas Holloman and Mr. James Snell
board administrator Jason Hand 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 hearing excuse me prior to their testimony second we'd like to
advise everyone that this hearing is proceeding is being recorded and that by participating you
acknowledge your agreement to be recorded 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 nine and then star six to unmute yourself. I'll repeat if you're
participating by phone and you wish to testify, you must raise your hand by hitting star nine
and then star six 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'll 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'd also like to remind everyone, please do not attempt to testify in the chat.
Any comments should be directed to our administrator, Mr. Jason Hand.
With that, I will read off the 330 list. Number four on our list, MI 2021-000631. 2138 Cherry Street is withdrawn. Number nine on our list, MI 2021-000027.
9201 Busselton Avenue. There's a request for continuance at the request of the attorney.
If anyone disagrees with any of those cases that I just read into the record as either being
withdrawn or continued, please raise your hand at this time. If you agree with the continuance
or the withdrawal, please raise your hand at this time. Chair, we've had one more
continuance request and i'm sorry but i walked away from my computer for a minute
it is 12 12th street number 8 614 right yes 614 so mi 2021 that's zero
yes 614 so MI 2021 that's 000037 614 north 12th street is continued
any objections please raise your hand
Mr. Chair I have a Diana Williams whose hand is raised I will allow her to speak now
Good evening, Ms. Williams. Please identify yourself with a record, spell your name, and I'll swear you in.
Greetings, chairman, vice chairman, and members of the board. Can you hear me well?
Yes, very well.
Spell your first and last name.
First name, Deanna, D-Y-A-N-A, last name Williams, W-I-L-L-I-A-M-S.
And do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do swear to tell the truth and nothing but the truth.
Please proceed.
I am the property owner of 614 North 12th Street.
So before we do the continuance, I've been on the call since 315.
We were scheduled for 330.
And my architect just informed me about 15, 20 minutes ago that all of the paperwork was not submitted on time.
But we have all of the paperwork.
So I wanted to know, could we be heard rather than, no, we cannot.
Unfortunately, no.
Well, I think-
Chair, this is Tanya.
Ms. Williams, if you could reach out to me at the email, through my email, I can work
with you with a short continuance because of the fact that it was just a glitch during
your end.
I would appreciate that, Tanya.
I don't, can you put your information in the chat or can you give it to me?
yes I'll send it to you okay you have my email all right thank you um chair thank you board
appreciate it hope to see you soon thank you thank you thank you all right thank you for your
service any other questions I mean I'm sorry any other other requests uh if not is there anyone who
would like to request a continuance or withdrawal please raise your hand at this time
chair i have a miss diane monroe with her hand raised i will allow her to speak now sir thank
thank you miss monroe please identify yourself for the record and i'll swear you in
all right uh diane monroe uh 1117 mount vernon street philadelphia pa 19123
and that's d-i-a-n-e monroe is m-o-n-r-o-e yes you swear or affirm to tell the truth the whole
truth yes i yes i do yes i do thank you please proceed okay i raised my hand when i heard about
the continuance and i just wanted to say we did have the meeting i couldn't understand why they
want a continuance when we approve
this. Which case
are we talking about? It's the
614 North
Street. Well, the exhibits
we did not receive the exhibits
in a timely manner. Okay.
I totally understand now
when it was explained.
All right. Okay, Diane.
Okay. Thank you so much. Have a good night.
Stay safe. Okay. And you do the same.
Anyone else
requesting a continuance or withdrawal,
please raise your hand.
Ms. Mary Jones has her hand raised. I won't allow her to speak now, sir.
Ms. Jones?
Yes, good.
Hi, good evening. Please identify yourself, and I swear you in.
Mary Jones, from Council President Daryl Clark's office, City Hall, room 494.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
thank you please proceed uh yes i believe um we need a continuance for um
in my dash 2021 dash 00038 1811 west thompson street our office doesn't have a record of an
rco meeting for that case okay is uh miss alderfer available she's the attorney i believe representing
the applicant. We have Paul Toner. Paul, you can unmute. Mr. Toner, please identify yourself and
I'll swear you in. Thank you very much, Mr. Chairman. Paul Toner with Orphanies and Toner.
I'm counsel for the applicant, Raza Nugent Properties, LLC. Toner is spelled T-O-N-E-R?
That is correct. You swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do. My client through my office has made multiple attempts to contact the Friends of
My client through my
the 47th Ward. In our exhibit packet, we have emails dated January 11th, January 14th, February
5th, and February 12th, all requesting to be scheduled for a meeting before the RCO.
We never heard back either by email or phone call on the scheduling of an RCO.
our 14-3-3 notice has gone out without objection or comment from any of the near neighbors
i believe we're in full compliance with section 14-3-3-12 and we have met all of our obligations
in terms of requesting to be scheduled for an rco and i note that today the rco is not here today
requesting a continuance miss jones um yeah so i i spoke to uh the ward leader
recently and she hadn't heard anything about the case um sometimes they are not the best via email
I don't know if anyone attempted to call her I just know that um no one reached out to our office
to try to make contact all right if it works Mr. Turner we can hear the case and we can do the
resumption hearing as quickly as we possibly can and get feedback from the community
so Ms. Jones if that's all right we'll hear the case. That's fine. We'll do a resumption hearing
okay? Thank you Mr. Chairman. Thank you. Anyone else?
Mr. Chair I have a Raheel Raza on the line. I will allow him to speak now for you sir.
Thank you, Mr. Raza. Please identify yourself, spell your first and last name.
Hi, my name's Rahil Raza. First name's R-A-H-I-L. Last name's R-A-Z-A. I'm the property owner. Paul
Toner is representing me on 1811 West Thompson Street. Okay, we're going to hear that case. All
All right, anyone requesting to continue with your withdrawal?
No further hands at this time, Mr. Chair.
Okay, Carol, begin with number one.
Calendar number 1843, 12030, Blenfield Street.
A proponent, Ms. Kathleen Cascetta to panelists, sir.
Hi, good evening.
Hi, can you put your name and address on the record and spell your last name, please?
Yes, ma'am, Madam Chairwoman.
And my name is Kathleen Cassetta, K-E-T-H-L-E-E-N, last name Cassetta, C-A-S-S-E-T-T-N.
Are you an attorney?
I am not.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, ma'am.
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 ma'am. Okay you may proceed.
Okay so this is my first time doing this and it's obviously going to be a little different from
what the other cases look like this afternoon because we are a twin property in park in the
Parkwood City of Philadelphia and the reason we're here today is we had a we have a deck
on the back of our home. It doesn't matter. We had it since 2002 when we purchased our house.
In 2018, we needed to do repairs and have it replaced. Our contractor at the time said,
easy, this is a replacement. No problem. You don't need a permit. Good to go.
We soon learned that that was not the case. And we actually, the contractor never returned our
calls to continue the work to do anything very long story very short we had to have the deck
repaired um in order to make it safe um and we were told because of the way the drawings are
and the way it's laid out um that we needed to meet with you folks just to make sure um we
submitted all of our photos we've submitted do you have those i do now i'm sorry i have to share this
from my pad. So let me see.
So, let me see.
Obviously, I'm very used to doing this on my work computer, but not through this.
So, I mean, is there an easier way for me to share with you or?
Because I have everything saved to my pad.
I know.
I know. Share content. Perfect. Okay.
Okay, there you go.
I was like, wait a minute. It's all here.
You don't want to see that. I apologize. I'm a Microsoft Teams user, so this is a little
different. No problem. No problem. All right. So I'm going to just flip off here. Can you see my
screen now? No. We can't see you and we can't see your screen. Okay. Apologies. Yeah, we can.
that's okay everybody has some challenge with no obviously if I was doing this on my laptop I could
do all the fun things but yeah so let me just share I'm trying to figure out what's the best
way to share it from here we go can you see the screen now did you open up your documents I did
and then did you hear hit share screen after that I did let me see so let me show you that
let me try this way. I apologize, folks. I know it's very long. You guys are probably so done.
Can you see now? Here we go. Yes. Perfect. Okay. So thanks, Tanya. Tanya, thank you. So basically
this was, we had to get an engineer do these drawings for us. Again, you have all of the
copies as well as what I'm showing you. We are, again, twin home in Parkwood, what we thought was
an easy replacement. So we have everything here. That's the back of our, excuse me, the front of
our house. You can see in the very top photo. Then if you move down towards the bottom, that's
the back of our house. That is the structure that we had. We had to do the replacement part of it
because, again, structurally unsound. And I can show you like clearer pictures of the house that
aren't these plans if that would be better i think the plans are to be sufficient okay
because we have like i said i think the bigger question was which maybe i do think sharing you
might um help i apologize let me just share this one um photo with you that would probably so you
can see because this was what um we were told was the issue was the side deck that is part of the
house and when we bought our house that was that was there and that's how the setup is um right
there for the entrance and um apologies my husband was who actually spoke uh with the l and i inspector
who said that quarter of an inch is what the issue is um so i'm not exactly sure if that's
sufficient enough like i said i have other pictures i have other things that you know could give you a
different view let me let me do this for you uh you have support from millbrook civic correct
i do sir and you're nearby you're a next door neighbor you're a twin yes sir neighbor next
door neighbor is uh in support oh we have we have the support from everybody on the street
Okay. All right. Just want to get through there.
Any questions from the board?
Anyone else would like to testify in this case? Please raise your hand.
I'll answer this time, Mr. Chair.
Thank you. Planning Commission, I believe it's Ron. You're going to have to spell your name and I'll swear you in.
Yes, the name is Ron Bednar.
That's B-E-D-N-A-R.
Planning Commission, correct?
City Planning Commission, yes.
You swear for him to tell the truth, the whole truth, nothing but the truth?
Please proceed.
So this property is indicated for single-family residential use on the city plan.
We recommend that the requested variance program.
Thank you.
mi 2020-001843 12030 glenfield street my vote is yes my vote is yes my vote is yes
my vote is yes my vote is yes campus cassetta you have a good night good luck
Calendar number 0020, 1243-45 North 26th Street.
The attorney, here is Jared Klein.
Mr. Klein has been promoted to panelists good evening Mr. chair remember to the board
hi Mr. Klein can you put your name and address on the record and spell your last name please
certainly Jared Klein K-L-E-I-N from Blind Rome 130 north 18th street Philadelphia 19103
Do you swear if I'm 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?
Yes, I do.
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?
Yes, to all of the above.
Okay, great. You may proceed.
Thank you.
Here on behalf of Harrison Inc., the owner of 1243 North 26th Street, our application
is to demolish the existing rear portion of the structure, to replace it with a new three-story
rear addition, and to use the property as seven residential dwelling units and two accessory
parking spaces. This is the property. Obviously it'll look much better when we're done with it
but the historical use is there is an active auto repair use on the ground floor
and although there is no zoning archive for this property of any kind,
our information is that there were up to four families living on these upper two floors.
They are not occupied now. The application also seeks to reuse the existing curb cut at this
property. So we're not taking away any street parking and we're able to accommodate two cars
in the off-street parking area. To give the board sense of the context, this is the property here.
This block of North 26th Street has a substantial amount of multifamily that already exists on it.
Across the street from us at 1224 is a 15 unit condominium. And on the same side of the street
as us, 1235 North 26, there's seven units. There's eight units at 1229, four more units at 1217,
three at 1215, four at 1213. And also on this block is a dialysis center and then a Dollar Tree
that's located here on the corner of Grant Avenue. So the block has a mix of commercial
and multifamily residential uses. We think what we're proposing fits in nicely with the
existing conditions on that block. These are some additional photos of the current condition
on the property, photos of posting. This block, as you can see, has a mix of different building
styles some vacant lots this is a school so it's a very um mixed use and mixed style of structure
block um i in the interest of time i'll just flip through the renderings and plans very very quickly
this is what the exterior will look like when the renovation is complete
there are these are the existing floor plans i think it would be more helpful to see the
proposed floor plans. These are the two-car parking, and then each floor will have stacked
units as so. We met with the Brewery Town Sharswood Civic Association, and a letter of support
should be in your packets. The vast majority of the attendees either voted to support
or in non-opposition, and there were 58 attendees at our well-attended Zoom meeting.
In the interest of time, I will stop my presentation there. I know you've had a long day,
but if the board has any questions, we can certainly answer them. At this point, I'd ask
if Mr. Harrison can raise his hand so he can briefly adopt my testimony.
Mr. Harrison, please identify yourself with a record. First and last name, I'll swear you in.
if we're unable to uh locate mr harrison mr uh klein will stipulate that you'd be an officer
to court your client would have adopted your testimony thank you mr chair he certainly would
have a few available. Questions from the board? No. No. No. Anyone else would like to testify in
no no no no anyone else would like to testify in this case please raise your hand
no further hands at this time Mr. Chair thank you planning commission
Ron Bednar city planning this property is currently indicated for single family
residential use on the city plan 2014 it was proposed for multi-family we recommend that the
request of variance be granted thank you mi 2021-000020 1243-45 north 26th street my vote is
yes my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes thank you very much
everyone have a great evening thank you you too calendar number zero zero three eight
1811 west thompson street the attorney is sarah alderfer i think mr tony is going to do it
Mr. Aldefer, if you are there, please raise your virtual hand.
It might be Mr. Toner, if not Ms. Aldefer.
All right, sorry about that, sir.
No worries, no problem.
good evening again good evening you're still under oath good evening hi can you put your
name and address on the record and spell your last name please paul thank you paul toner with
orphanages and toner the address is 1500 jfk boulevard suite 800 we're counsel for the applicant
Raza Nugent Properties, LLC. And I also have my client Rahil Raza in attendance tonight.
Okay. And you're still under oath. Do you agree to waive the reading of the refusal and stipulate
to its accuracy? We 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? We have emailed
the application material within five days. We have not received a letter from the RCO despite
our numerous attempts to contact the RCO. In our packet, as I previously indicated,
we have four separate emails to the Friends of the 47th Ward which was the designated RCO
in our exhibit packet at tab 2. If I could share my screen. Sure.
As the board can see, last email was February 12th to the 47th Ward, and we have an email
chain going back from February 12th to February 5th to January 14th to January 11th.
We have not received responses either by email or phone call from the representative of the
friends at the 47th ward it's our position under section 14-3-3-12 of the zoning code that we have
complied with our obligations to make requests in fact numerous requests to meet with the designated
RCO and they fail to schedule a hearing within 40 days as is required by the zoning code
and so we we would like to have the board uh hear the case this evening and then vote on it if
appropriate. Well, I think we discussed that earlier that we would have an opportunity. We'll
hear the case. We'll do a resumption hearing. And I think Ms. Jones from Council President Clark's
office agreed to that as well. We would just ask that the resumption hearing be scheduled as
timely as possible. I'll have a date for you probably in several weeks. But let's hear it
go through the case and we'll take it from there. Thank you, Mr. Chico.
My client's proposing an infill project. My client's proposing a duplex at 1811
West Thompson Street. This is a property that is located essentially right around the corner
from St. Joe's Prep. The area as seen in Exhibit 3 of my zoning packet has numerous vacant parcels,
has seen some recent development.
And as I will go through in greater detail
as i will go through in greater detail towards the end of my presentation this area itself has
towards the end of my presentation,
this area itself has been
become a core a multi-family in the in the north philadelphia region so we believe that the duplex
is appropriate and uh customary now for for this particular block of this particular neighborhood
we have received a refusal from lni which is in exhibit number one of our packet and we have
received one refusal. It's for having a multi-family, two-family dwelling in a single-family district.
Otherwise, our application is fully compliant with all dimensional obligations or all dimensional
provisions applicable to this property in the RSA 5 zoning district.
I moved to tab number 8, or jumped to tab number 8, which is a rendering of our property.
The architect on this project is KCA, Logan Dry is the architect in particular.
my client has extensive experience within this community having developed scores of properties
receiving generally broad support from the community
at tab number six we have our zoning plan as the board can see we are fully dimensionally compliant
open areas at 25.9 percent which is in excess of what the zoning code provides we have a rear yard
of 16 feet 8 inches and is also in excess of what the zoning code provides. The height is going to
max out at 38 feet which is fully within the RSA 5 zoning provisions. The lot is a somewhat large
lot it's 15 feet by 6 feet in frontage with a depth of 64 and three and a half inches.
moving to the floor plans
as my clients developed um numerous properties in this community is very familiar with with
the demands and concerns of the community this is a two unit stacked development in the basement
you'll see that there's no there's no bedroom. It does have an egress well to allow for living space.
Each one of these units will measure approximately 1500 square feet
and include two bedrooms with kitchen and living space.
In terms of the the context of the block, I'm going to move to tab number or exhibit number five.
and this is tab number five which is down on your screen shows the current vacant parcel
the 1500 block of our 1800 block of thompson street is generally a three-story
real home community and my clients proposing three stories
moving to tab number six we have some street level pictures showing the existing conditions
of the 1800 block of Thompson Street. The end of the 1800 block of Thompson Street is now on your
screen. And this is a image of the 1800 block of Thompson Street looking to the east. And as you
can see, the end of the block is dominated by the Church of the Jesu from the St. Joseph Prep.
And looking west down on the 1800 block of Thompson Street, you can see there's
several, there's a vacant parcel on, as we saw for an area of view, there's several vacant parcels.
And then this is the corner of 18th and Thompson. Again, the
But the massing and density of the St. Joe's Prep buildings dominate the southwest corner.
In terms of the opposite corner, approximately five years ago, we don't have an exact date because there was a subdivision and adjustment of lot lines.
But two lots at the western end of the 1800 block of Thompson Street were subdivided into four separate undersized single families.
So the end of the block also has a multifamily presence.
In terms of this particular property,
if I can move to tab number 10 of my exhibit packet,
Wait for a second.
We have several of the sandboard maps for this particular property and as you can see
from the 1985 and the 1989 sandboard maps which are again part of tab number 10.
This property has a zoning history as apartments.
There we go.
As you can see on Thompson Street here, which is highlighted, there is the hand notation
of apartments, which is included in both the 1985 and 1989 sandboard maps.
And then to really create the context of this particular development, we created with supporting zoning permits included in tab number 11, a context map of the surrounding multifamilies on this particular block.
On the screen now is our tab number 11.
And as you can see, there are simply 19 separate multi-families on this block, including multi-families
at triplex that's located immediately next to 1811 Thompson and 1813 Thompson Street.
there is a duplex one house to the west at 1815 Thompson street there is a series of triplexes
and quadplex at the end of the block there are numerous multi-families including duplexes and
triplexes on the southern side of Thompson street all with and this map includes the zoning approvals
showing that they were all legal uses that were approved either directly over the counter or by
this board. In particular, at 1305 North 19th Street, which is at the very end of
the 1800 block of Thompson Street, this board approved a duplex on November 11th of 2020
at MI2020-001316. It's my client's position that the proposal of a duplex that's fully
dimensionally compliant and consistent with the other multifamily surrounding uses
is entirely appropriate for this area. The interior design allows for safe ingress and
egress in the basement with no basement bedrooms. The trash for the first floor unit will be handled
by storage in the rear yard. On the unit number two, which is on the second and third floors,
the trash is in an air-sealed trash compartment.
And if I could, my client Rahel Raza is available, and I would like to have him
briefly explain to the board his experience with development in this particular area.
So if Mr. Rahil, Raza, could please raise your hand so you can be allowed to speak?
Raza has been allowed to speak.
Hello, how are you?
Do you want me to state my name again?
No, you've already been sworn in.
Mr. Raza, can you please identify some development projects, multifamily development projects that you have successfully completed in the immediate two-block radius of this property?
Yeah, sure. And I wanted to go over some of the things that you said about how this is a good multifamily property.
First of all, when we look to do a multifamily property, we look for a wide street with the availability of parking on both sides.
this is one of those uh we we never would do one on uh what should be a single family uh
neighborhood um on 18th street we have 13 25 to 29 north 18th which is
On 18th Street, we have 1325 to 29 North 18th, which is 11 units.
We have 17, 18 to 36.
That was 10 single-family homes that we completed and sold.
1720 West Siebert is a single-family home that we are currently building.
on the 19th Street block, 1906 to 10 Ingersoll Street are nine units that we have that are
rented out currently. That was one of our first ones that we did. I don't believe it needed a
zoning variance for that, 1321 North 19th Street. The other issues that when speaking to the
neighborhood group that they've mentioned repeatedly is the trash component and you know
that's one of the things that you know uh kind of worries me about the area as well uh what we've
what we've been doing because it's it's just a very difficult thing to control you know with
our uh waste hauling service as it is i mean uh we're going to add instead of one cabinet with
uh two trash cans we're we're trying to do two sometimes three cabinets with trash cans now
and i'm i mean that's the only way other than having the air air uh type uh room
it's the only way to really address the the trash issue um
you know and that's uh something that you know you know really you know we need to find a solution
for it for the future as well um and everything else that uh mr toner said was great uh zoning
history of the the property and um the other things that he mentioned and mr ryle for the
record do you adopt all my prior statements as though they were your own yes and you agree with
the factual accuracy of everything i stated yes thank you uh questions from the board no
no no anyone else would like to testify in this case please raise your hand
no further hands at this time mr chair thank you planning commission
ron bednar city planning this property is indicated for residential use on the city
plan given the documented contextual site history we recommend that the request of variance be granted
Thank you, Ron. MI 2021 does 0000381811 West Thompson Street. This hearing will be resumed. Tanya?
We have a date and time.
Did we lose Tanya?
I'm sorry.
Let's do the same June 16th at 2 o'clock.
I mean, 3.30.
At 3.30.
Thank you.
Correct.
So this hearing will be resumed on June the 16th at 3.30 p.m.,
at which time we will consider any feedback related to the RCO's position
on Council President Clark.
Thank you very much.
Thank you.
Have a good evening.
Same to you.
Carol, I'm a
Frank, you're muted.
Thank you.
MI 2021-000035, 5224 Rising Sun Avenue.
We have a lawyer on this case, an attorney.
darwin has been promoted oh oh mr beauvais okay uh please identify yourself for the record sir
spell your first and last name and i'll square you in great first name darwin last name beauvais
b-e-a-u-v-a-i-s i'm with the law firm of dilworth paxton at 1500 market street philadelphia i
represent the applicant rising sun children's center do you swear or affirm to tell the truth
the whole truth and nothing but the truth i always swear mr chairman okay please proceed
yes um if we can also um promote uh and kim agree to waive the reading of its refusal and stipulate
to its accuracy yes i do also have you emailed an exhibit packet with the required documents
It's proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans filed.
proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this
hearing? Although I had technical difficulties, I did work it out with Ms. Saleta, so they have
been submitted. Okay. Also, have you met with the RCO and have a letter? Yes, we do. Please proceed.
Yes. Confessor, thank you. And also, if we can promote Laura,
uh i i i please forgive me i i mess up her last name but she's with cicada architecture and
planning and um because they will be part of the presentation so they'll be doing slides though
no i i will be doing them okay so we'll allow them to speak when your time is ready
Thank you. Thank you. And if I may, let me share my screen now. Mr. Chairman, members of the board, thanks for hearing us. We are Rising Sun Children's Center. We are located at 5224 Rising Sun Avenue.
I have before you 11 exhibits ranging from our tax clearance, our deed, our refusal, our site plan, zoning maps, aerials of the surrounding area.
We have a memo of law, our notice to the RCO and prior history from zoning, as well as letter of support and pictures surrounding the area.
So if I may, I would like to start off with the plans, or let's start off with the refusal.
This application is simply for signage.
We are looking to erect two accessory freestanding signs on the property, and they will be accessory to the daycare.
Believe it or not, our refusals dealt with three areas, three issues.
The area requirements, the height, and the setback.
When it comes to the height, we are looking at a nine-foot sign, and we can look at the plans here.
we're looking to
technical difficulties, but in essence, this is what the signs will look like.
They'll be 9 feet in height, and they will be a total of 112 square feet of sign area, and a total of 32 feet, linear feet, straight across.
Now, let me just go to the site plan.
So this is where along Rising Sun Avenue, it's a corner property.
A corner property.
The main structure is here.
There's an additional structure here.
And just in December, the board approved this structure along fronting Rising Sun Avenue and on the most southern part of the lot.
What you're looking at in the bubble area, this is where our proposed signage will be.
We did meet with the community.
They are in love with Rising Sun.
Just by way of background, Rising Sun has been in existence for approximately 30 years.
They have been a daycare for this community. They've been part of this community and they have grown tremendously. It's one of the few award-winning daycares recognized by the state for their level of excellence. And there's always a waiting list to get here.
So here's what we intend the signs to look at, to look like.
And part of the reason why we are in before the board is because we are RSA 3.
And so what is unfortunate, any use or any expanded use or anything we do will require us to come back to this area.
But let me just show the board what we – where we are. We have the northern view of our building. Here's our building here. Here's a top lot. Here's our other – our accessory building.
across the street is a save-a-lot. Here's an eastern view.
Save a lot. Here's an eastern view. Again, here's our building, our accessory building, our top lot. We're on the corner. Again, we are across the street from the supermarket, and here's a southern view.
The supermarket is on the right of the screen, and our campus is on the left.
And you can see here.
So with all of that said, we did, let me just get to the notice.
We did meet with the community groups.
And we did send them notice.
We did have a public meeting on April 8th.
It was attended by people who already know the quality of work that we do, and they were very satisfied with what we were proposing.
and just by way of history, I just want to show the board that we've been in existence
for close to 30 years. We did come before this board in 2018. We also came as recent as December
to expand our use, to which the board granted, and now we are here to try to get signage.
So we did talk to the community. They support us. I believe Hillary, she's here from the councilperson's office, who also had initial questions about our square footage with the signage.
and I just want to be able to dissuade her fears but first let's just look at the
this is alongside of Rising Sun Avenue and this doesn't do it justice I think the
our site plan does better justice we have over 170 feet of street frontage along Rising Sun
Avenue. So the question is, is this sign too big? And we have our architect online if anybody
want a question. We actually submit that because we're only seeking 32 linear fee, that's less
than 20% of our street frontage. And our street frontage faces a supermarket. So although that
this is all considered RSA 3, we submit that it's been commercial use for the last 30 years and we
don't really see any negative impact as to what the uses are being proposed here. So with that said,
I don't know, I want to get Ann Kim on the line if she could be promoted.
Sam Kim has been promoted to panelists.
Good evening, ma'am. Please identify yourself with a record. Spell your first and last name, and I'll square you in.
This is Ann Kim. Can you see my face?
No, but we can hear your voice.
Oh, okay. This is Ann Kim from Riley's Children's Center.
Spell your name, please. Spell your first and last name, please.
My spelling A-N-N, last name is K-I-M.
Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Thank you.
Mr. Bovier.
So, Anne, did you hear the statements that I made?
And isn't it true that you are representative of the Rising Sun Children Center?
Yes, sir.
And would you adopt my statements as your testimony?
Mm-hmm.
okay is there anything you want to add no we really want to have a true signage that we
you know that you're presenting thank you okay if there's any questions questions from the board no
no anyone else would like to testify in this case please raise your hand
mr chair hillary emerson has her hand raised i will know the time
Thank you. Good evening, Ms. Emerson. You know the drill. Please identify yourself,
and I'll swear you in. Good evening, Mr. Chair, members of the board. Hillary Emerson,
on behalf of Councilwoman Sherelle Parker. You swear or affirm to tell the truth,
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
the whole truth, nothing but the truth. I do. Thank you.
Thank you.
Please proceed.
As Mr. Bouvet indicated, the councilman is not opposed to the variances.
In this case, the signage height is de minimis.
We certainly understand the placement at the property line since the rest of the property is used for the daycare facilities.
um we we were a little concerned about the the area um it is i think it is fairly proportional
based on the discussion that that we had today over email um where it is less than 20 percent
um of the area so that um i appreciate um mr bouvet and that the architect having that additional
discussion um with us certainly um as i told him the the 15 feet maximum square footage maximum
for sign area would obviously be too small. So regardless, the variance would be needed.
Our only ask, and this is not so much a zoning matter, but the RCO did mention it as well,
is that the signs be as aesthetically pleasing as possible in terms of color lettering. And
the community did suggest perhaps putting lights on the signs for safety as the daycare has had
issues with signage being graffitied in the past, which is why they want them when they
want them higher up. But we have we have no issues with signage here. And we'd like to
note that doesn't it as Mr. Bube said it does not face any residential area, it does face
another shopping center. So that that is a plus in terms of adding signage here. Thank you.
Thank you. Anyone else to testify in this case, please raise your hand.
no further hands at this time mr chair thank you planning commission this is uh ron bednar city
planning property is indicated for residential use on the city plan we recommend that the
requested variance be granted provided removal of all non-permitted temporary signage
Mr. Beauvais, was that your intention to remove those temporary signs?
It wouldn't be an issue because we're, yes.
Yeah, it's going to be taken.
Yeah, because.
You're taking up that space.
Yeah, we're taking up that space.
Exactly.
Thank you.
M-I-2021-000035, 5224 Rising Sun Avenue.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you.
MI 2021, that's 000733, 533 East Hunting Park Avenue.
I believe the attorneys, Mr. Phillips.
Sir, Mr. Michael Malloy has raised his hand. I'll promote him to panelists.
Malloy, please identify yourself for the record. You're still under oath.
Good evening. Good evening, sir. How are you? Michael Malloy on behalf of the applicant tonight.
M-A-L-L-O-Y
You're still under oath from earlier today
so please proceed
Sir, you agree to win the reading of its refusal
and stipulate to attack mercy?
We do, thank you
Have you emailed an exhibit packet with the required
documents, proof of ownership
proof of tax compliance, copy of
the refusal or referral, photos
and plans five days prior to this
hearing? We have, thank you very much
Thank you, also have you met with the RCO
and have a letter?
we have and included it in the packet tonight thank you under exhibit b thank you very much
uh in deference to your schedule we have a very simple straightforward and unopposed application
for the property located at 533 east hunting park avenue and my name is mike malloy and i'm with
obermeyer redmond maxwell hippel uh the property is owned by pa philadelphia and g street llc
And I have with me tonight Daniel Lyman, and he's from Pentagon, Patagon Ventures.
And Patagon and Daniel are part of the ownership structure of PA Philadelphia and G Street LLC that own the property.
It's located in the I-3 district, and essentially, we're here tonight because Mr. Lyman wants
Mr. Lyman wants to construct a new approximately 60,000 square foot building on the same parcel as an existing approximately 21,000 square foot brick single story warehouse.
to construct a...
He's going to convert the entire property into a self-storage unit.
Self-storage requires, for this amount of square footage, one space per 2,000.
It requires 29 spaces.
We're here asking for variants for 16 spaces.
We met with the 42nd Democratic Ward, who approved and support the variants 4-0.
So Mr. Lyman could testify that he and his company have invested in 14,000 units of self-storage across eight states at 1.8 million square feet.
They usually park at three to eight spaces inside, and here we're providing more, and plus spaces outside the perimeter, which we're providing in greater amounts.
I have Jared Hall from Developed Design, he's the architect on the project, and Matthew
Witters, he's from Eustis Engineering.
I can show you the plan tonight, the site plan, the building that I'm showing, the site
plan is attached as Exhibit C.
The site plan shows on the right the existing building and on the left the proposed building.
If we go down to what's been marked previously as Exhibit F, this is the site to the east and west.
This is the pictures of the existing site conditions.
Mr. Lyman.
We're not seeing the exhibits, Mr. Mullen.
Oh, geez.
Okay, hold on.
Hold on.
I apologize.
I thought it was just me.
Apologize.
I'm sorry.
Sorry, sorry, sorry.
Hold on.
Apologies.
So let me backtrack here a little bit.
No worries.
No worries.
Let me backtrack really quickly.
So we've got a site plan with the elevations on it.
Can you see the screen now?
Great.
Okay. Building on the right is the existing single-story brick building. The building on the left is the newly proposed building. There will be 151 self-storage units constructed in the existing building, 633 in the new building.
The project is overall about $10 million with $7.5 million in hard cost of construction, jobs, things like that for the area.
And just to flip, that's the site plan showing new landscaping, entry and exit off of East Hunting Park.
The project is otherwise by right.
And it's going to be a vast improvement.
And we're flipping to Exhibit F over the existing site conditions that currently show, you know, east and west views on Hunting Park, East Hunting Park Avenue of the project.
So I have my witnesses who can confirm what I've said is correct.
I mean, the variance is basically, you know, the hardship is that the site just doesn't need the parking.
I mean, self-storage just, and Daniel would testify in his experience across the country, we don't even need 16 spaces to operate this many self-storage units because it's that low impact of a use.
Excuse me, who was the person's name again, sir?
uh his name is daniel lyman mr lyman please raise your virtual hand
okay he's been allowed to speak mr lyman please wait to be sworn in sir
good evening sir please identify yourselves by your first and last name i'll swear you in
my name is daniel lyman last name l y m a n you swear or affirm to tell the truth the whole truth
nothing but the truth? I do. Thank you. Mr. Molloy, please proceed. Mr. Lyman, were you present on the
Zoom call for my statements about the project? Yes, I was. And can you confirm that what I said
Yes, I was.
And can you confirm that what I said was true and would you adopt it as your own testimony if given the opportunity?
was true and would you adopt?
Thank you. I have no further questions for Mr. Lyman.
Thank you.
No further evidence.
Questions from the board?
Anyone else would like to testify in this case? If so, please raise your hand.
Mr. Chair, Sloan folks have this hand up. I will allow him to speak now.
Thank you. Good evening.
Mr. Folks, you're still under oath from earlier today.
Please identify yourself.
Good evening, Chairman DiCicco and the ZBA board.
My name is Sloan Folks, Office of Councilwoman Maria Keona-Sanchez,
room 508 City Hall.
The applicants having met with the RCO and receiving a lot of support,
the Councilwoman offers not opposition to this.
Thank you.
Thank you very much.
Anyone else?
planning commission at this time sir
it's uh ron bednar city planning this property is indicated for industrial use on the city plan
we recommend the quest advance program thank you mi 2021 000 733 533 east hunting park avenue my
vote is yes. My vote is yes. My vote is yes. My vote is yes.
My mind. You got it, Carol? And just acknowledge that there are two letters. There's a letter of
opposition from West Overbrook Neighbors and Councilman Jones on this case. Okay.
Calendar number 3464-5753, Jefferson Street.
John Jackson and Cassandra Jackson,
if you're handling this per se.
Mr. and Mrs. Jackson, if you are in the audience, please raise your virtual hands.
Ms. Cassandra Jackson has been promoted to panelist.
Ms. Jackson, can you put your name and address on the record and spell your last name, please?
My name is Cassandra Jackson, C-A-S-S-A-N-D-R-A, and the address is 5753 West Jefferson Street.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you agree to strike that? Have you emailed the exhibit packet with proof of ownership,
tax compliance refusal referral photos and 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 thank you you may proceed
we have a letter from the rco opposing this application and councilman jones
also has sent in a letter of opposition so present your case well my case is this
I am here as owner of this property. I have been an educator for 33 years. I have also been
educated in this particular area. This home belongs to both of us, and we decided that we
would like to start a child care facility in our home, and it is set up as a child care center.
um we've been here three and a half years I'm sorry Miss Jackson yes sorry that was funny
um do you have slides to present no ma'am I do not I'm going to make this real quick
I did send in um documents I've sent in pictures um of the facility uh and I've also had letters
of uh of support from people in the neighborhood who excuse me excuse me how can we see what you're
trying to do well this is my first time here so I'm going to be honest with you I did not know
that I needed to do that I understand that I had to send the end documents to you which I did do
within the five-day period. And I also sent you pictures. I sent you letters that were given to us.
I sent you letters that were given to us through the, from supporting people in the area.
I sent all of that as part of my package. Tanya, is there any way we can see those?
I'll have to check. Let me have the staff do a search for it. And I sent it through email,
so you probably and it was through adobe scan so all of them should be in one adobe scan document
but as you are going through that um i just wanted to let you know we've been here three
and a half years we have never had any adverse communication within the community
uh we keep the property uh we don't have um people who come in and make noise or
there are no disturbances uh from my clients and uh we're just asking basically to have the
opportunity to serve the community by providing more um spot or more slots for children in the
community. We wanted to go from a family daycare and to a group daycare. That's what we're desiring
to do. So did you just buy the house and the daycare was already set up? No, ma'am. This is
my house. This is heir property. My mother-in-law and father-in-law owned this property. My husband
grew up in this property. Okay. Excuse me. Did you come before the zoning board to get permission
to do this yes three years ago yes yes i applied and it was given to me yes
as a family daycare it was a three-year variance was it a temporary variance is that why you're
back no sir i am i'm asking to go from a family daycare with services six children to a group
daycare that can service 12 children 12 children that's all i'm asking for i'm not trying to make
any changes to the property the property is set up just as a center um from top to bottom it can
be arranged for other children for different and we service children from zero to five years old
that is all we're asking for oh hello sir oh look at them now
that is all we're asking for okay um so 12 is too too many well according to the state i have
talked to the state on a number of occasions about going into the group and they say that
we have ample space here in order to service more kids
i checked with everyone before i did in fact i've wanted to do this for a couple of years
and i made sure i spoke with octel and members of people who come in here we've been voted
best daycare for two years in a row um so we've got the quality service here
excuse me yes i i emailed it to everyone on the board
you know what maybe in the interest of time is maybe we can go are there any other individuals
who like to testify in this case because i'm trying to
i'm sir mr gregory allen has his hand raised i won't allow him to speak at this time
thank you mr allen please identify yourselves by your first and last name and i'll swear you in
Gregory Allen, D-R-E-G-O-R-Y-A-L-L-E-N. I'm president and founder of Overwork West Neighbors,
and we are the RCO for this area. Thank you. You swear or affirm to tell the truth,
the whole truth, nothing but the truth? I do. Thank you. Please proceed.
So, Chair, I think the neighbors, the block captain for the block is here. She would also
like to speak. But I think that the neighbors probably didn't have as much of a challenge with
the property as it was with six children, but now being asked to go to 12 children.
And during the RCO hearing, we learned that the owner doesn't actually live in the property.
So one of the rules for child care license is that it has to be owner operated.
And if you look at our meeting summary, you can clearly see that she said that she doesn't live there.
And it's a very well kept block with neighbors that have lived there for 20, 30 plus years.
So they're concerned about having a business on their block.
So they're concerned about having a business on their block, which is what it would be if the owner didn't live in the property.
Can I respond to that?
Briefly. Speak to the board.
Okay. I do not. This is not my primary residence. I agree.
but it is my property that we own and it is owner run I am here each and every day all day
and when I have the opportunity like tonight I will probably have to stay over because I have
to get up very early in order to meet my children in the morning so I do have the house set up
I have a bedroom that I can live in if I need to, okay?
But this is an owner service center.
All right, hold on now.
Anyone else to testify in this case?
Mr. Chair, there is a Rodney Jameson with his hand raised.
I will allow him to speak right now.
Thank you.
Mr. Jameson please identify yourself spell your first and last name. Good evening it's Miss
oh I'm sorry it's no problem I get that all the time Miss Rodney R-O-D-N-I-E Jameson J-A-M-I-S-O-N
good evening chairman and do you swear and affirm to tell the truth the whole truth and nothing
but the truth? I do. Please proceed. Thank you so much for allowing me to speak with you we have
many neighbors joining us on a call this evening, and I would like to say thank you to them as well.
As Gregory Allen has pointed out, I'm the block captain. I'm very engaged with the residents on
this block. Routinely, we do block cleanups. We provide informational flyers to neighbors.
We organize block parties and I speak to neighbors all the time in general,
walking my dog Sam at least twice a day. Our block is very engaged and as a community we
work hard to maintain our block. Unfortunately, I didn't speak with Ms. Jackson. I have never seen
her participate in any of our block activities. We also have on the block several retired teachers,
a retired principal, several people who have owned daycares, and they live on the block and don't feel
the single family dwelling is an appropriate setting for what is being proposed. For example,
there's no outdoor play space for the children and we have never observed the children outside
playing. Also, we are concerned about keeping children inside without proper ventilation
during these tough COVID-19 times. Further, the lawn and area around the building is not well
at. While many neighbors work hard to keep nice yards and patios debris-free, this is not an
example of that. Parking becomes a problem as people want to drop off their children. They
double park, often while other residents are busy trying to go to work. Transient people dropping
off children are problematic, especially because they don't have an investment in this neighborhood.
Many of us have been on this block for 20, 40 and 60 years and are opposed to the zoning changes
that will impede us as taxpayers from enjoying our homes. And I'll be brief. The applicant does
not and have not ever lived in the property her daycare license was issued for family daycare
meaning the owner should live in the property to many the applicant seems dishonest and that her
license doesn't match her residency she doesn't even live in the city of philadelphia we humbly
request that you oppose the special exemption in support of the 86 long-term taxpayers who
actually live here. We were very disheartened that the applicant did not comply with sending
zoning notices to all residents within the 250 feet. I never received such notice as a resident
at 5735, just a few doors away. Thank you for your kind consideration on behalf of all the residents.
Thank you for your kind consideration on behalf of all the residents of the 5700 block of Jefferson Street.
Thank you. I'm going to ask if there are any questions from the board at this time.
Planning Commission.
Ron Bednar, City Planning.
This property is indicated for single-family residential use on the city plan.
We believe the applicant has failed to sufficiently address the impacts related to implementing objectives of the city's adopted comprehensive plan.
It's not consistent with our adopted district plan.
Therefore, we recommend that the request for a special exception not be granted.
Thank you very much.
Excuse me. This is Sharon.
Charles Richardson mentioned to me that someone from his office will be here.
Can we ask if they're present?
We'll get to Councilwoman's office, yes.
anyone representing the councilwoman please uh raise your hand
or councilman i'm sorry councilman jones
the representative jones please raise their hand
i apologize maybe i got that wrong um yeah no worries all right well we'll move forward
MI 2020-003-464-5753 Jefferson Street.
My vote is no.
My vote is no.
My vote is no.
My vote is no.
My vote is no.
Thank you.
That concludes today's hearing list.
Any unfinished business?
Not to my knowledge.
I think we're all done.
Thank you again.
Thank you, everybody.
Thank you.