you're live thank you good morning everyone and tanya do you need a few minutes um yes
we'll allow everyone to come in you'll let us know when you're ready
lakisha you're all good
yep ready to go all right
You're all good
Yes ma 'am
Could you also do the continuances as well
Just post those as a call out
Yeah I'll do that
Thank you kindly
You're welcome
Thank you.
Okay, Chair, looks like we're ready.
Okay, thank you.
Good morning, 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, I'm sorry, confessor's not here,
and board members, Mr. Thomas Holloman and Mr. James Snell. Board administrator, Ms. Tanya Sunkit,
and board attorney, Ms. Sharon Saleta, are also in attendance. For those of you who haven't yet
participated in one of our virtual hearings, I'll go through some of the basics of what you can
expect. First, we will be administering oaths to individual participants prior to their testimony.
Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses
identify themselves prior to speaking or testifying.
Third, we'd like to advise everyone that this proceeding is being recorded and that by
participating, you acknowledge your agreement to be recorded.
Fourth, 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 that 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 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. With that said, but before
we begin, before Ms. Denary calls our first case, we'd like to ask if anyone is requesting
a continuance or withdrawal for this morning's hearing, to please raise your hand.
in the meantime i will read off uh continuance requests that have already been made
mi 2020 dash zero zero one two three seven one eight oh one dash five nine north american street
cases being continued at the request of the attorney representing the applicant
MI 2020 -001228 -223 South 44th Street is being continued at the request of Councilwoman Gautier.
MI 2020 -001239 -2815 Grays Ferry Avenue is being continued at the request of the attorney for the applicant.
If anyone disagrees with the three that I read off, please raise your hand.
And if anyone else is requesting a continuance or withdrawal, please raise your hand at this time.
Chair, this is Sharon Saleta.
Could we confirm that no one representing the applicant, that the applicant or anyone representing the applicant,
is here for the case where the continuance request was submitted by Councilwoman Gauthier?
Councilwoman Gauthier. Oh, so noted. Is there anyone here on count on 223 North 44th Street
So noted.
who has any concern about the request made by Councilwoman Gauthier to continue this case?
Is it an attorney on file?
or um no there's not this was um expediter betty mom's that's all i see is betty mom
and we also have no exhibits on this case or i did not receive exhibits okay okay i don't see
so you can just call them singularly to speak to a continuance i do have um
one for Grace Ferry Avenue,
which is number nine on your list for this morning.
I have a continuance for that.
Okay, Mr. Feldman, you can speak to a continuance?
Yes, Ms. Salkett, members of the board,
good morning, Brett Feldman on case number nine,
MI -2020 -001239, 2815 Grace Ferry Avenue.
this is um this is for a new mcdonald's uh in the great story shopping center there um i'm
requesting a continuance um but uh as i explained to miss sunkett uh i think a week or two ago in
an email we also have a companion case uh on december 2nd um that's for the signs today's
case is for the structure and the the construction of the the new mcdonald's there's a companion
case on December 2nd. And the continuance requests that I'm making is to have these two
cases, today's case, November 18th, and as well as the December 2nd case, consolidated together.
So they're put on the same calendar for a continuance date coming up. The way L &I requires
you to file appeals and zoning applications separately for signs. So you have these situations
where there's two cases for the same property and I was hoping you could coordinate with me to make
sure that those are consolidated for the same upcoming date. Is that doable Tanya? Yes. Okay
we'll accommodate you on that. Great thank you. Thank you have a good day. Okay excuse me this is
Sharon Soletti, again, attorney Justin Crick is here for the 44th Street case, 223 South 44th Street.
Good morning, sir. Please identify yourself with the record. Spell your name and I'll swear you in.
Wait, I'm sorry. I missed the name. Justin Crick. Yes.
Mr. Crick, you have now been promoted.
You can unmute yourself.
Thank you very much.
My name is Justin Crick, K -R -I -K.
Address is 1500 JFK Boulevard, Suite 630 -19102.
We're confirmed to tell the truth, the whole truth, nothing but the truth.
Thank you.
Please proceed.
Well, I wanted to address the continuance request.
I don't know when it was received, but we would prefer to proceed.
If the board is going to entertain that, then I will communicate with council's office.
And as for exhibits, they were submitted to the board, but I will confirm that with Ms.
Saleta as needed.
So I just, I wanted to voice that I was on the call and wanted to know if the board was
entertaining the continuance, then I will follow up with council if they are, if the
board is willing to hear the matter then I will proceed. Mr. Crick this is Sharon Saleta did you
copy me on those exhibits? I will check my email now but I know I sent them to the RCO ZBA email
let me confirm that but
I apologize take two more seconds
and can i add i believe that the council i believe that the councilwoman's request for
continuance was based on her understanding that there had been no rco meeting is there had been
there had been an rco meeting and we do have a letter of support in the in the file uh my so
my materials were delivered to you on monday morning and i uh included in there an explanation
as to the three days versus five -day period, but yes, and I believe the Spruce Hill Community
Association sent a letter to the board on November 16th as well. Okay, in that case, I will look again
Okay, in that case, I will look again for the exhibits, and if the board decides to go forward with this case, I will contact Andrew Goodman of Councilwoman Gauthier's office to let him know that there was a community meeting.
for the exhibits, and if the board.
It looks like Andrew Goodman is on. I think I see his name come up.
Yes, Mr. Goodman, you can speak.
Hi, good morning, can you hear me?
Yes, Mr. Goodman, please identify yourself and I'll swear you in.
Andrew Goodman, G -O -O -D -M -A -N, here representing Office of Third District Council Member Jamie Gaudier.
We're in the firm to tell the truth, the whole truth, nothing but the truth?
Thank you. Please proceed.
Mr. Crick is asking us to go forward, so please proceed.
Yes, absolutely.
So we did receive the RCO letter about 24 hours ago.
So we we change or remove our request for continuance because that's what it was based on.
So seeing that the RCO meeting did take place, we're totally fine with the case being heard today.
OK, thank you. So that case will go. We'll go forward with that case.
All right. Thank you. Thank you, Mr. Crick. We'll go forward with your case.
That's 44th Street. Yeah, it was number eight on our list.
Any other requests for continuances or withdrawals?
Yeah, we have a Lisa Brooks.
Ms. Brooks, you can be waited this morning.
Hello?
Good morning, ma 'am.
Please identify yourself for the record.
Spell your last name and give us your address, please.
My name is Brooks, B -R -O -O -K -S. My address is 3824 Aspen Street.
We're in the firm to tell the truth, the whole truth, nothing but the truth.
What case are you calling in reference to?
I didn't, I kind of came in a little late, but it's for the address, the property of 3818 Aspen Street.
Are you the owner?
No, I'm not.
I'm a resident on the block.
Oh, we're asking now for cases that are being asked to be continued or withdrawn.
Oh, I'm sorry.
You'll need to wait until that case gets called to testify, okay?
No problem.
I'll stay on it.
Thank you.
Mr. Chair, we have Sloan folks.
Mr. Folks, you may unmute yourself and wait to be sworn in and speak to a continuous.
Good morning, Mr. Folks. You know the drill. Please identify yourself and I'll swear you in.
Good morning, Chairman DiCicco and ZBA board. And yes, I do know the drill.
My name is Sloan Folks, S -L -O -A -N -E, F -S -F -I -R -O -L -K -S, Office of Counseling Maria Cianna Sanchez, room 508 City Hall.
Confirm to tell the truth, the whole truth, and nothing but the truth.
Nothing but the truth, yes, sir.
I'm just calling to confirm, and I didn't know that I heard this incorrectly, that meeting number MI2020 -001237 -1801359 North American Street was being continued.
I didn't know that I heard that correctly or incorrectly.
You heard that correctly, and that was at the request of the attorney representing the applicant.
Thank you very much, sir. Have a great day.
You do likewise.
we have miss hillary on the line miss hillary you can unmute yourself and wait to be sworn in
morning miss emerson please identify yourself and i'll swear you in
uh good morning mr chair members of the board hillary emerson e -m -e -r -s -o -n
on behalf of councilwoman sherelle parker swear and affirm to tell the truth the whole truth
nothing but the truth i do thank you please proceed yes i'm here actually on um two cases
Neither of which I believe has had a community meeting to my knowledge. So I just wanted to see if there's anyone here on these cases, not to request a continuance. The first case is MI -2020 -001225, that is 1329 Levick Street, L -E -V -I -C -K, Levick Street.
one second for the purpose of the board that's case number two okay next one hillary uh the other
case is um mi -2020 -001274 58 71 north 6th street um this is sharon selena can i add that i don't
um this is sharon selena can i add that i don't have a record of having received
have a record of having received
received exhibits in either of those cases okay thank you uh there's a request from
a councilwoman parker's office that these cases be continued one being uh 1329 levick street and
the other being 5871 north 6th street is there anyone here who objects to those cases being
continued we don't have any information anyway so that will be continued correct
i don't see no okay thank you mi 2020 -001225 1329 levick street is continued mi 2020 -001274
5871 North
6th Street
is continued.
That's number two and number 15
on our sheets.
Thank you, Hillary.
Any other requests?
Yes. Mr. Elwood, you may unmute yourself
and wait to be sworn in.
chair he's available hey sir please identify yourself for the record name and address
my name is uh elwood van skyver he is in victor a n s c i v e r the property uh that issue is at
four six one four chester avenue
there's a second to locate it
that's number 13 13 and i have no exhibits requesting a continuance sir sir i am the
applicant and the owner
uh again are you requesting a continuance because we don't have any exhibits
Yes, sir. I am. Okay. All right. So MI 2020 -001231 -4614 -16. Chester Avenue is continued.
Thank you. Any other requests?
Yes, we have a Craig. You can unmute yourself and wait to be sworn in.
I'm waiting. Please identify Craig Melodosian. Please identify yourself. Spell your last name.
Craig, C -R -A -I -G, Melodosian, M -E -L -I -D -O -S -I -A -N, P .O. Box 3 -3 -3 -5 -5 -1 -9 -1 -4 -2, Ward 40, Republican RCO, Coordinating RCO.
So we're requesting a continuance for multiple reasons.
Excuse me, one minute, Craig, Craig, Craig, Craig.
Yes, sir.
You swearing for him to tell the truth, the whole truth, nothing but the truth?
Thank you.
Please proceed.
I've made four visits by the subject property on Friday, 1113 and Tuesday, 1117.
Identify the property, please.
Subject property is 5909 Elmwood Avenue, MI 2020 -001 -222.
There is no zoning notice visible from the street.
And in speaking with Ann Brown, the ward leader for 40B,
she believes that her constituents in that division would be opposition to this
excuse me excuse me this is Sharon Saleta I also have no record of having received exhibits on this
case all right hold on one minute Mr. Melodosian yes sir I see that Mr. Beller is listed as the
attorney is joe beller on actually no chair he's listed as the appellate just for the
applicant for the case oh yeah so he made the application but in my experience he would not
be presenting whomever takes over however we would have to contact them directly because it
It could be that the attorney's office is not aware that this was a case under him.
Okay, thank you. All right, Mr. Melodosian, we don't have any exhibits anyway, so this case is going to be continued.
Okay, thank you.
All right, Mr. Melodosian, we don't have any.
Thank you very much.
Thank you. MI 2020 -001222, 5909 Elmwood Avenue is continued.
Chair, we have one more hand, Mr. Charles Richardson.
Good morning, Mr. Richardson. Please identify yourself for the record and I'll swear you in.
good morning mr chair charles richardson from the office of councilwoman cindy bass room 312 city hall
we're going to tell the truth the whole truth nothing but the truth i do okay what case are
you calling about mi 2020 001 200 1127 west winga hocking street uh i am aware that the uh applicant
has had a very difficult time trying to get an RCO meeting because the Logan Civic Association
opted not to do any RCO meetings after they had been assigned to them. We've been working with
planning and we do have an RCO that's nearby that will be willing to do an RCO meeting for them,
the Logan Community Enterprise Center. I was wondering if Mr. Anastasio is on the line
And, you know, we get to ask for continuance or if he wants to do a hear and hold or something along those lines.
But we definitely want to be able to hook them up with the Logan Community Enterprise Center.
Thank you. Is Mr. Anastasio on?
Yes, he's available.
Mr. Anastasio, please identify yourself for the record, spell your name, and I'll swear you in.
Good morning, Mr. Chairman. Vern Anastasio, A -N -A -S -T -A -S -I -O, 1315 Walnut Street, Suite
1006, Philadelphia, 19107.
We're in the firm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
You've heard the request from Mr. Richardson on behalf of Councilwoman Bass?
Yes, I have. And he's right. We've had a heck of a time trying to get an RCO meeting together.
I have also had my office email Mr. Richardson and Mr. Barge.
This is the first that I'm hearing that there's an effort being made to have a meeting.
And I'm certainly willing to go ahead with that.
I would respectfully request, given the amount of time that has passed in trying to get something together with the community, that we do do a hearing hold if everybody's okay with that.
Okay, it'll be a resumption hearing.
Mr. Richardson?
I'm sorry.
Yes, Tanya. I thought we were no longer doing those. If he wants, I could work with him to schedule him.
We're not doing resumptions. Well, I thought we were no longer going to do the hearing resumption.
Oh, OK. I'm sorry. I think that we will be doing them only in cases where there's something minor that we're waiting for.
OK, not in cases where there has been no RCO meeting yet.
All right. Understood. All right. So Vern, we're going to get you a hearing ASAP. All right.
Yes, sir.
We'll continue and go from there. Mr. Richardson, we'll continue the case and we'll try to get a hearing.
Tanya will do our best to get a hearing as soon as possible.
Yeah, I'll take care of Vern. No problem.
Thank you, Ms. Sutherland.
Thank you. MI 2020 -001200, 1127 West Wing of Hawkins Street is continued.
Any other requests?
No hands, Chair.
Okay, with that, we'll begin our hearings.
Before we do, we have a couple of some unfinished business on the delay list.
Calendar number 36463, 1706 North 2nd Street.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you. We have two other requests for rehearing MI 2020 -00106760 North 23rd Street. My vote is yes to rehearing reconsideration and rehearing.
thank you I got stuck yes yes to reconsideration and rehearing yes to reconsideration and rehearing
thank you the next one MI 2020 that's 000673332 West Wildey or Wildey Street my vote is yes to
reconsideration and rehearing yes to reconsideration and rehearing yes to reconsideration and rehearing
Yes, to reconsideration and rehearing.
Yes, to reconsideration and rehearing.
Yes, to reconsideration and rehearing.
Thank you all.
Okay, we can proceed with our first case, MI 2020 -001223, 1220 South 27th Street.
The attorney is Henry Clinton.
Good morning, Mr. Clinton.
Please identify yourself and we'll swear you in.
Good morning, Mr. Chairman, members of the board. Henry Clinton, 1313 South 33rd Street, Philadelphia PA, 19146.
Thank you. Swear and affirm to tell the truth, the whole truth and nothing but the truth?
Thank you. Madam Vice Chair.
I'm sorry. Could we give it one minute?
And something's wrong with your audio.
My audio?
No, Ms. Keisha.
oh sorry all right no it's not doing good
okay we're ready uh miss sonka can i share okay so so you've put your name and address on the
record you're sworn in yes mr clinton and do you agree to wave and stick yes i do have you
emailed an exhibit packet with the required documents, which include proof of ownership,
tax compliance, a copy of the refusal or 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, I do,
Mr. Nairn. Thank you. You may proceed. Is this large enough my exhibit? Yes. Okay. Good morning,
Mr. Chairman, members of the board. Henry Clinton on behalf of 1220 South 27th Street, LLC.
The principal of that LLC is on the call with us. This is a property at the corner of 27th and
Oakford Street. There's already a zoning permit in hand for commercial on the first and two units
above. The request is to do away with the commercial and just to down zone it to two units.
That's a quick summary of the case. Here's a table of contents, AA through A11, all my exhibits.
Appearance statement. This is the refusal. This is a CMX2 zone. All the properties on this block,
however, are residential except for one corner store. And again, this is a request to down zone
from an existing commercial unit on the first floor and two units above. And the refusal indicates
that in the CMX2 zone, you have to have commercial along the ground floor within the first 30 feet
of the building depth. So we're looking to do away with that. We have a letter of support
from the residents organized for advocacy and direction. It's a recognized RCO in the
Grace Ferry neighborhood. They are supporting this project.
Photos. This is looking south on 27th street. The property is currently a vacant lot. You can see
this is a residential single family. This is residential here. There's a corner store
all residences here on the entire block.
An aerial view, just to give you some perspective,
this is Grace Ferry Avenue, we're looking west.
This is Diamond Tool, this is 27th Street,
and this is the corner property here at 27th.
I said Oakford to Main Street here,
the small street is Ingram Street,
so it's really at the corner of 27th and Ingram Street.
A closer view of the existing lot.
These are the proviso forms in the event
that the board votes in favor of this project.
It would be one page sheet Z1 to be stamped.
Here are the plans.
This is the plan for the property.
It will be a residential unit on the basement of first floor,
another unit on the second and third floor.
And again, not to keep beating the drum,
but the commercial space on the first floor
is not really viable on this block.
The commercial corridor is on Washington Avenue, which is two blocks away from this property.
And in the midst of this pandemic, a commercial setting in this venue really is not going to make it.
And that's been confirmed with contacts with several commercial brokers.
This is a side view on Ingram Street.
There will be an entrance on the side as well as an entrance on the front.
these are the floor plans lower floor basement
these are the floor plans lower floor basement of first is one unit second and third is another
unit rooftop deck set back appropriately from all sides there's no request here for any relief with
regard to height open space or rear yard and what i wanted to show the the board besides the deed and
all the insular information here's a tax certification is the actual there's our mailings
but here's the actual permit that is in play now indicating two -family household with commercial
space so again our hardship is that the commercial space in this residential setting is really not
warranted commercial corridors on washington avenue and it's really a decrease in density
which the community supports i don't know if there's any questions from the board but i'd
like to have uh mark clinton uh unmute it and then he can adopt my testimony
Mark, are you on the line?
Can you unmute Mark Clinton?
if we're unable to get him uh as an officer
okay okay good afternoon good morning sir please identify yourself with the record spell your name
my name is mark clinton last name spelled c -l -i -n -t -o -n we're going to affirm to tell
the truth the whole truth nothing but the truth yes thank you henry uh mr clinton have you heard
my testimony yes you had the opportunity to testify would you adopt my testimony as your
own and as true and correct yes thank you uh i ask that my exhibits be admitted into evidence
thank you any questions from the board no no no anyone else would like to testify in this case
If so, please raise your hand.
No hands at this time, Chair.
Thank you. Planning Commission?
Hi, I'm Paula Brumbelow -Burns with the City Planning Commission.
Just spell your name for the stenographer.
B -U -R -N -S.
We're infirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
we have no objection to the removing of the commercial space at this location
thank you mi 2020 -001223 1220 south 27th street my vote is yes my vote is yes my vote is yes
my vote is yes thank you thank you very much mr chairman member of the board have a good day my
mi2020 -001221 -1357 is a diary how do you pronounce that dryer dryry diary dire i guess
street mr anastasio i believe is representing the appellant
to come back in as a panel
The Laquishas.
Whoever was just speaking, you're breaking up.
Good morning, Mr. Chairman, members of the board.
I call it Dyer Street for what it's worth.
fact. Okay. Name and address for the record, Vern. Vern Anastasio, A -N -A -S -T -A -S -I -O, 1315
Walnut Street, Suite 1006 Philadelphia, 19107. Thank you. He's already under oath. He's already
on. I didn't mean to interrupt. He's under oath. It's okay. Do you agree to waive and stip? I do.
And have you emailed an exhibit packet with the required documents consisting of
proof of ownership proof of tax compliance refusal referral photos and plans of the property five
days in advance of the hearing and have you met with the rco and do you have a letter yes yes and
yes okay okay okay you may proceed thank you i'm gonna share my screen
I'm going to share my screen.
Thank you.
All right, Mr. Chairman, members of the board, this is 1357 Dyer Street.
I represent Mr. Jamal Hicks, who is the recent owner of the property.
The property was marketed and sold to Mr. Hicks as a three -family dwelling.
As you can see, this is an older photo.
It had three mailboxes. It has three separate entrances. There is a walkout basement apartment, a first floor apartment, and a second floor apartment. The property has had for quite some time separate.
New. That's new.
this here
this here my client did not bought this with all of this here all three
gas meters and three hot water heaters all were in the property at the time of purchase
now let's walk through the plans
as you can see here this is the basement apartment
with kitchen utilities bath bedroom two bedrooms and a living room
and it's accessed by the side and then we have the first floor apartment
which is a one a two bedroom and a two bedroom on the third floor we met with the community group
and let's see here
i'm going to i'm going to stop sharing that document i'm going to
the frankfurt neighborhood advisory committee we met with them and they issued an october 9th
2020 letter uh where they in fact um approve our request provided that we meet all building code
requirements for the three -family dwelling it was very well attended uh and i believe slone folks
has been copied on this letter as well from mr blackburn and mr garland with that i'd like to
have my client raise his hand for to be recognized. Mr. Hicks, you can unmute. Okay, I'm here. Thank
you. Good. Good morning, Mr. Hicks. Please identify yourself with a record name and address
and I'll swear you in. Jamal Hicks, last name spelled H -I -C -K -S. My address is 2500 Hillcrest
Rue Drexel Hill PA 19026. You swear to affirm the truth, the whole truth, nothing but the truth?
I do. Please proceed, Mr. Anastasio. Thank you, Mr. Chairman. Mr. Hicks, did you hear my
presentation to the board this morning? Yes. And is it true and accurate to the best of your
knowledge? Yes, it is. And would you adopt it as your own testimony if need be? Yes. And when you
purchased the property, were there physically three apartments? Yes. Okay. And were there
physically three gas meters and electric meters. Yes. And three hot water heaters. Yes. Okay. And
did you just recently learn, by recently I mean this year, that you were in fact non -compliant?
I've been trying to do this for like two years. Okay. But you did have a valid rental license
at one time did you not i didn't have a violet renter's license okay very well ed thank you very
much mr chairman that's all i have i mean he uh testimony is that he's been trying to get this
taken care of for quite some time since he bought the property uh it was marketed to him as a three
family and it's pretty clear that those hot water heaters and gas meters didn't just appear uh they
were there when he purchased the property. Questions from the board? No. Anyone else
would like to testify in this case? If so, please raise your hand. Morning, Mr. Chair.
this is jason hand covering for uh looking at dandy temporarily i see a hand from miss
carolyn campbell i will allow her to speak right now sir thank you good morning ms
Thank you. Good morning, Ms. Campbell. Please identify yourself for the record, name and address, and I'll swear you in.
Campbell please identify yourself with the record name and address
Ms. Campbell, please unmute yourself.
I don't have any questions. I'm sorry, I made a mistake raising my hand.
No worries. Thank you. Anyone else would like to testify in this case, please raise your hand.
i guess mr sloan folks with his hand raised i'll speak right now thank you good morning again mr
folks please identify yourself you're already on the roof good morning uh chairman de chico and
the zba board again sloan folks office of councilwoman maria quinones sanchez room 508 city
hall um the applicant has did have a constructive meeting with the coordinating rco um and did go
level of support. So the councilwoman in our office offers no opposition to this variance request.
Thank you, sir. Thank you, sir. Planning Commission.
This is Paula Brumbelow -Burns with the City Planning Commission. We have no objection to
the granting of the variance. Thank you very much. MI 2020 -001221 -1357 Dry Street, Dreary,
street my vote is yes my vote is yes my vote is yes okay i got a whole i'm getting something from
hold on i think we have to re -vote number one yeah i'm just getting that now um thank you this
is sharon and if you could also after doing that check your email there was one add -on that was
not included in the earlier email i apologize for that no problem let's do the let's see
email email email number one right um calendar number mi 2020 001223 1220 south 27th street
is the address yeah uh what was the proviso i wanted revised plans one page
approved today okay so my vote is yes with the proviso my vote is yes with the same
yes with the proviso
okay so we got that done hold on this is sharon saletti again yes i contacted mr mulvihill on
this because he was not um i didn't see him among the participants he's going to text me once he
joins and i will let you know and it can then be considered okay i just saw a email from tanya
regarding 1706 north 2nd street is that an add -on or is that let's see i remember that's the one
you're supposed to vote the delay list case oh the one we did earlier yes did you do that i yes
we did yes we voted it yeah 1706 north second it was on the delay list
we voted that uh before we did the reconsiderations all right okay is this better can
everyone hear me yes yes yep you're perfect i'll continue okay so we did we're all square tanya
yes i think we are calendar number mi 2020 -001311 1710 fairmount avenue
the appellant is gustavo garcia
if you're here for it okay i have a april
You can unmute her to speak so she can see if we can see what's her role with this property.
You know, I'm not even a host, a co -host anymore.
DPZ Zoom, could you make Lakeisha a co -host as she's driving the meeting?
I will continue with it.
April, you're allowed to speak.
Please speak to your position as regards to this case.
Hi, Mr. Chairman.
Hi, ma 'am.
Good morning.
Excuse me.
please identify yourself, name and address. Sure. My name is April Francia. That's F -R -A -N -C -I -A.
I am the attorney representing the tenant for this property.
We're in a firm to tell the truth, the whole truth, nothing but the truth.
I do. Okay. If we could pause for a minute. If she's the attorney, we will now promote you to
If she's the attorney, we will now promote you to panelists.
panelists. Thank you.
Thank you.
Okay, you may proceed.
Ma 'am, do you agree to waive the reading of the refusal and stipulate to its accuracy?
And have you emailed an exhibit packet with the required documents,
including 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? I do. Thank you. You may proceed. Do you mind if I share my screen? No, we would love it.
Okay, thank you.
So, as I mentioned, good morning, Mr. Chairman and members of the board.
My name is April Francia.
I'm here on behalf of my client, the Art Museum Veterinary Center located at 1710 Fairmount Avenue.
For context, this appeal is for a special exception for an animal services use in the
basement level of the premises. In 2017, a special exception had been granted for that use on the
first floor and now my client would like to expand into the basement. As for my exhibits,
you'll see a table of contents here, a copy of the zoning application which was submitted by
the architect, Mr. Garcia. Here is a copy of the notice of refusal.
Here is a copy of the application for appeal to the ZBA.
Here is the project information form describing this particular project.
Here is a copy of the lease between the owner and my tenant and my client who's the tenant at the property.
Here is a letter from the landlord authorizing this special exception permit and zoning request.
And here are the plans for the basement project. So my client, though she, excuse me,
operates a veterinary clinic on the first floor, this basement expansion, though it's for animal
services as an extension of the first floor use, this space will be used primarily for a staff
lounge and kitchen, three private admin offices, and a significant storage space.
There will be no treatment rooms for animals, nor will there be boarding.
This downstairs space is primarily for the benefit of the employees and the staff of
the clinic. So you can see there are more plans here.
So again, to be clear, there are three admin offices here, here, and here. There'll be a
storage area here. This staircase leads from the first floor down to the basement. There's the
staff lounge, a little kitchenette for the employees, and there will be two bathrooms.
Here is documentation of our meeting with the RCO. The RCO was in full support of this project
It's my understanding that the vet clinic has been a very popular addition to the community
since it started in 2017 and accordingly the RCO was in full support of its expansion with the
proviso of no animal boarding which as I mentioned before will not be an issue in this case as the
basement will be primarily for the use of the employees. Here are photos of the posters that
posted on the front and back of the premises. And here are photos of the exterior and interior.
There is the neighbor to the left. And this is the door that would lead downstairs to the basement
for the staff area.
And then here are our certificates of tax clearance for my client, and for the owner
as well.
In conclusion, this addition would have no ad or need for parking.
this space again is for the use of the employees as a lounge and for administrative purposes and
storage. There will be no treatment of animals in that space. And that concludes my presentation
and I ask that my exhibits are entered into evidence. Thank you. Do you have a client?
uh i do i do i believe she's listening in and out uh she's actually treating patients at the
moment okay we'll stipulate that as an officer of court your client would adopt your testimony
i have a maya whose hand is raised if that's her client yes that is my client okay we'll get her
on then yes hi this is maya pera thank you so much hi ma 'am please identify yourself spell
your first and last name for the record, and that's where you're in. Yes, Maya Pirok, M -A -Y -A,
last name P -I -R -O -K. We're infirm to tell the truth, the whole truth, nothing but the truth.
Yes, I do. Thank you. Please proceed. Hi, Maya. Did you hear my presentation of the exhibits for
your appeal? I sure did, and that does reflect anything that I would have had. I'm in full
agreement with everything yes thank you would you adopt my testimony as your own yes i would thank
you any questions from the board no anyone else would like to testify in this case if so please
raise your hand yes we have um one hand chair justinio
you may have to wait to be sworn in please identify yourself sir first and last name this
is just justina navarro n -a -v -a r -r -o 672 north 15th street in philadelphia pennsylvania i'm a
member of the zoning committee for the spring garden civic association you swear to the firm
Thank you.
Please proceed.
I just want to communicate and we're in full agreement with the presentation that the attorney has presented.
This addition to the Fairmont Avenue Commercial Carter has been a great addition to the neighborhood and met a big need that existed prior to their establishment on the Fairmont Avenue Commercial Carter.
And they've been terrific neighbors and good business people operating a business that is exemplary for the Fairmont Avenue Commercial Carter.
so we are in full support of the project we do want to retain mr chairman please the no
admiral boarding provision that we were able to provide though that we were able to achieve in
2017 please if we can retain that otherwise we're in full agreement with the presentation today and
thank you anyone else would like to testify in this case if so please raise your hand
that's all chair thank you planning commission this is paula brumbelow burns with the city
planning commission this property is indicated for commercial use on the comprehensive plan
we have no objection to the expansion of the existing office into the lower level
Thank you. MI 2020 -001311, 1710 Fairmont Avenue. My vote is yes with the proviso. No animal boarding.
Yes with proviso.
Yes with proviso.
Yes with proviso.
Thank you. MI 2020 -001226, 1729 Ridge Avenue.
If there's anybody for this case, please raise your hand.
1729 Ridge Avenue.
This is Sharon Saleta. I did not receive exhibits for this appeal.
okay this case count i'm sorry mi 2020 -001226 1729 ridge avenue is continued
mi 2020 -001228 223 south 40 44th street
223 South 44th Street.
This is the case we will hear.
And at the request of Councilwoman Gauthier will hold.
I have a Mr.
I'm sorry, excuse me.
I believe that Councilwoman Gauthier withdrew that request.
You're right.
I'm sorry.
Correct.
Thank you.
Thank you.
good morning members of the board good morning um justin craig i'm sorry he needed to be promoted
i am back on i'm sorry it had uh reset me there um you're still you're still under oath from this
morning yes thank you earlier this morning rather mr quick you agree to waive the reading of the
refusal and stipulate to its accuracy? I do. Have you emailed an exhibit packet with the required
documents, including proof of ownership, tax compliance, refusal referral, and 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 sent the documents three days in advance for the reasons explained
earlier today. Ms. Saleta has also been given a separate copy this morning, or an additional
copy this morning. We have met with the RCO and do have a letter of support. And I'm sorry to say
that even despite the confusion this morning, I will be asking for it to be held for a tax
clearance cert as the applicant is currently addressing a real estate tax matter, which
should be updated in the system any day now. But that is the only item that is not within the
materials. You may proceed. Thank you very much. Members of the board, the applicant
has owned this property for 14 plus years in one form of another. I have the principal of
223 South 44 LLC on the line, Mr. Anthony Massiri. The property is currently used as a three unit
building multifamily residence. I'm going to share my screen at the moment.
so the the property in question uh just to give you an idea is three uh is currently used as a
three unit building each of the units with uh three bedroom one bathroom units for a total of
nine bedrooms uh what is actually proposed as on the refusal that that we're proposing a five
dwelling unit and multi -family household living, which is prohibited in an RSA 5 zoning district.
As I've explained, the property is currently multi -family, despite being in the RSA, and it
is legally as a three -unit building. The proposal of five units, and to give you, I'm sorry,
geographically, we are situated between Walnut and Locust on South 44th Street,
situated in a cluster of row homes, attached row homes, and a photo of the property as well as the
posting is right here. The proposed units, the five units, are a mixture of one and two bedroom
units, which actually only total seven bedrooms. So we have actually decreased the density in terms
of number of bedrooms, which was very much to the pleasure of the Neighborhood Association.
All of the units, including this lower level, are above grade, and some of the units are
bi -level units, and as I can demonstrate in some of the plans, you'll see that unit 102
starts on the lower level and continues onto the first floor, while the other unit on the
first floor is a one -bedroom, one -bath.
That pattern of two -floor units and then efficiencies is repeated on the second and
third floor. And so that leaves us with the five units of the building. We have already seen that
there are similar three plus and five unit multifamily properties on this block. And
considering that we are actually lowering density, we believe that a literal enforcement of the code
would result in hardship, again, given the decrease in density. I will show you a copy of the deed
for your reference that Damon Masseri is the brother of Anthony Masseri, who is the principal
of 223 South 44th, which is why I indicated that even though this was purchased in 2013,
it has been controlled and operated basically by the same party for the last 14 plus years.
I'm going to show you the neighborhood's letter, if it's not in your file, but essentially at this
point, they have indicated that they do not oppose the five -unit structure, and we have complied with
additional repairs and maintenance to the outside of the building at the RCO's request. That concludes
That concludes my statements, and I'd like to ask that the exhibits be admitted, and I have Mr. Anthony Massiri on the line, if he's allowed to unmute, to adopt his testimony.
my statements, and I'd like to ask the exhibits to be admitted.
Good morning, Mr. Massiri. When you get on, please identify yourself with a record, spell your last name, and I'll swear you in.
Hi, this is Anthony Massiri. Last name is M as in Mary, A -S as in Sam, C -I -E -R -I.
We're in a firm to tell the truth, the whole truth, nothing but the truth?
Mr. Crick.
Thank you.
Mr. Massiri, have you had an opportunity to listen to my testimony to the board today?
And is that testimony true and correct to the best of your knowledge?
And do you adopt that testimony as if it was your own?
Yes, I do.
Thank you very much.
Members of the board, we would recommend or request that the variance be granted,
but understand that it need be held for the provision of the tax clearance certificate,
which is forthcoming. Excuse me. This is Sharon Saleta. I did check the revenue department. The
only taxes owing are for this year. If you are unable to get a tax certificate,
any evidence that those taxes for this year were paid would be sufficient.
Understood. I will provide that to you shortly. I do not have that at this time.
I do have evidence that all other taxes are clear.
This is the only issue and item remaining.
Thank you.
Questions from the board?
Anyone like to testify in this case?
If so, please raise your hand.
No hands, Chair.
Thank you. Planning Commission.
Good morning. Paula Brumbler -Burns with the City Planning Commission.
While the applicant has said that they are reducing the number of bedrooms in the unit,
they are increasing the number of units from three to five units.
That does mean that more than or up to three unrelated individuals can still live in
a unit and more than one person per bedroom is permitted by our zoning code.
accordingly we feel that five units may actually increase the overall number of
people density in the building and we recommend that the variance for five
units not be granted thank you did mr good is mr. Goodman still on
Andrew Goodman yes
he's available mr. Goodman you can unmute yourself and wait to be sworn in
cheers buddy
goodman you're still under oath from earlier this morning
please identify yourself
i'm not sure what's um wrong with his audio
in the meantime sharon since we don't we have to get the tax uh clearance uh what do we do
we're not resuming hearing so right now because this is just a bookkeeping manner i i think this
can be a hear and hold where when you receive the um the clearance you can vote this very good thank
you mr goodman
his mic is open but there must be an audio problem if you wish to move on yeah why don't
we do it mr crick we'll get right back to you just hang in there try to get the uh technical
issues worked out with mr goodman get his testimony then we'll be able to vote the case
understood thank you yep sharon this is sharon saleta there's also the add -on that i did not
include on the list it is um that you were sent earlier it's mi 2020 001077 3838 aspen street
this was heard on november 10th last week and the record was left open for the limited purpose of
receiving the RCO letter and being voted today in the 9 .30 session.
um we actually told mr melvihill that it wasn't necessary to be here but there is um someone here
We actually told Mr. Melvihill that it wasn't necessary to be here.
who i believe wants to testify uh it's the woman who earlier spoke up during the continue when you
were taking continuances um but again this was left open for the limited purpose of receiving
the rco letter which we did the rco sent it in later that day they took no position thank you
So if you would like to call this, Mr. Mulvihill is signed on now, but he is also participating in a Court of Common Pleas hearing.
So if I could, if for this particular case for Justin Crick, Mr. Goodman is having technical difficulties, but he did state that his office has no opposition to this case.
Thank you. Thank you, Tanya.
Okay, we'll do this one and then we'll get back to the Aspen.
uh mi 2020 -001228 223 north 44th street my vote is yes my vote is yes excuse me this was going to
be a hearing hold once you're waiting for the tax clearance yeah all right hold on
Okay. MI 2020 -001228223 South 44th Street is being held pending a certificate, a tax
clearance certificate. Thank you very much. MI 2020 -001077, 3838 Aspen Street.
Just for purposes of the record, it is 3818 Aspen Street.
And that was my fault. I apologize. No problem. 3818 Aspen.
So, Mr. Mulvihill, we'll swear you in, please.
Identify yourself with the record.
Of course.
Leo Mulvihill, M -U -L -V -I -H -I -L -L, 2424 East York Street, Suite 111, Philadelphia, 19125.
And you swear and affirm to tell the truth, the whole truth, nothing but the truth?
So, Carol, you don't need to read anything because this is basically a rehearing, correct?
again the record was closed other than receiving the letter from the rco which we have received
yes yes so members of the board i'm currently showing on the screen a letter from the mantua
civic association dated 10 27 20 indicating that the vote was three to three um there was a letter
of an explanation also attached which we largely went over in the prior hearings but i will share
that as well so that we all see that maybe i'll try to share it in any case the the two concerns
that were raised i'm trying to find this letter were related to the proposed third story of the
building, which is by Wright. And also that was more or less it. Let's see. Hold on. Let's find
this. There we go. Okay. So we, no, that's not it yet either. I'll just read from it and let's,
here we, there we go. We got this now. So again, letter of explanation now showing on the screen
dated October 27, which has been forwarded by Mr. Dwayne Drummond, the president of Manchua
civic indicating that i presented everything clearly questions that were raised were contact
with the owners of the adjacent property which i made offer to do and didn't hear directly from
the adjacent property owner and respect to the dimensions of the property as well there are
concerns about having a third story next to a two -story structure um and my architect during
the presentation did her best to explain exactly what processes are taken care of to ensure that
there's waterproof and water tightness between the adjacent structures um i also understand that
there's somebody here on the line but frankly this is the third time we're back here i and i object
to any further hearing at this point because we already had the opportunity to speak
i asked the record to be closed um any witnesses who had the opportunity to speak previously were
afforded notice and opportunity to be heard all the community meeting that was held and at the
prior meetings as well with this board. So at this point, having now received the letters from the
RCO and having heard previously live testimony from affected neighbors, I ask the record to
remain closed and we just have this letter and the board take a vote. So noted. Thank you. Yes. All
Yes. All right. MI 2020 -001077, 3818 Aspen Street. My vote is yes. My vote is yes. My vote is yes.
All right. MI 2020 -0010.
My vote is yes. Thank you, members of the board. Have a great day. You do. Likewise. Thank you.
Take care. MI 2020 -001233, 2926 South Juniper Street.
one second
the attorney is engine yes he's coming back in as a panelist
good morning he's ready chair good morning mr jen please identify yourself for the records by
your name and i'll swear you in thank you good morning zen jen z -h -e -n -j -i -n 1617 john f
kennedy boulevard suite 1838 philadelphia pa 19103 here on behalf of the applicant
you're swearing the firm to tell the truth the whole truth nothing but the truth
i do please proceed thank you hold on hold on carol and do you agree to waive the reading of
the refusal and stipulate to its accuracy i do thank you and have you also emailed an exhibit
packet with the required documents, including proof of ownership, proof of tax compliance,
a copy of the refusal or referral, photos and or plans of the property five days in
advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, to all.
Thank you.
You may proceed.
Thank you.
May I share the information on the screen?
Thank you.
So I'm sharing the information that we provided to the zoning board. This includes the copy of
the refusal, community letter, photographs, plans, proof of tax payment, deed, and this hearing notice
for today. The application is best understood from looking at the photographs, but the essential
refusal here is that my client put a deck that is closer than three feet from a rear property line
however if you look at the photograph of the neighborhood which really helps clarify exactly
what the deck is is that he put a deck up that is essentially the same as the decks that basically
his whole block has and other people have put up similar decks so my client when he installed the
deck had no idea that it would trigger any violation. He hired someone, he had the deck
installed. And as you can see, this is the deck from above. And I think the best picture is when
you look up and down the block, you see that next door neighbor has the same deck. And if you look
at the other direction, other neighbors from a pullback view, you can see they all have very
similar deck. As a result, the community supported his application. He also obtained signature
support from all his neighbors. No one has any objection to his deck because it is in line with
everyone else's. It is not intruding on anybody's space. It is not causing any negative impacts.
So we asked the board for a favorable consideration in this request for a variance to allow it to be
closer than three foot to the rear property line.
Thank you. Pardon me. Do you have your client?
Antonio Minetti should be here with us.
Morning, Mr. Minetti. Please identify yourself with the record.
Spell your last name and I'll swear you in.
Hello, my name is Antonio Minetti, M -E -N -N -I -T -I.
Your address?
2926 South Juniper Street, Philadelphia, PA, 1914.
Thank you. Swear and affirm to tell the truth, the whole truth, nothing but the truth?
Mr. Jin. Thank you. Mr. Benetti, you heard my presentation and representation to the zoning board.
Can you verify that they're true and correct and adopted as your own? Yes. Thank you. Thank you.
Any questions from the board? No. No. Would anyone else like to testify in this case? If so,
please raise your hand. No hands at this time, Chair. Thank you. Planning
Commission. Good afternoon. This is Paula Brumblow Burns with the City Planning Commission. We have
no objection to the granting of the variance. Thank you very much. MI 2020 -001233 -2926
South Juniper Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you.
Thank you. Thank you. MI 2020 -001317, 3101 Cotman Avenue.
3 -1 -0 -1, Cotman Avenue.
This is Sharon Saleta.
I have no record of having received exhibits for this case.
And I have no hands for this case.
Oh, one hand.
One second, Chair.
Chin, you can unmute yourself and wait to be some morning.
hello yes good morning please identify yourself for the record spell your name
my name is gal feng chen i'm owner of the 3101 camera emily please spell your name for us
g -a -o -f -e -n -j last name is chen c -h -e -n you swear to firm to tell the truth the whole truth
nothing but the truth yes we understand that the exhibits have not yet been received is that
correct uh tanya i mean sharon uh first of all i just want to hold on one second please
um i i have no record of having received them i don't know whether they went to the rco mailbox
did you set some light on that sir
oh hello yes i wanted to say my english is not too good so i have my friend to help me
transpiration a little bit. You were required to send your exhibits five days in advance of the
hearing. Did you do that? Excuse me, I'm sorry to interrupt. This is Sharon Saleta again. I just
checked my email and I did receive exhibits at 936 this morning. But I have to continue this case,
sir. Those exhibits should have been received by five days prior to this hearing. Yeah, I first
note today when i join the joint meeting because um it's my first time and i don't know how to do
it when i hear it okay we'll continue the case all right mi2020 -0013173101 copman avenues continued
so sir oh i'm sorry yeah so sir just so that you are very clear the documents that are going to be
emailed out is a new poster and documents that explain to you how you will proceed with the
hearing that should come to you and you have to make sure you read it and send your documents to
the appropriate email addresses if you have any questions you can always email the rco box with
your questions okay yes all right thank you thank you tanya you understand sir okay uh can i just
ask to continue to win that information will be emailed to you you'll get a date and follow just
follow the instructions and you'll you'll have a hearing okay okay okay thank you mi2020 -0009744224
brown street we have a lee lee you can unmute unmute yourself and speak wait to be sworn in
i'm sorry actually no no is there a representative for this yes it is okay who's that person
uh that should be yusef uh and he should be on the line
okay so we have no hands up at this time you said put go on you speak who is speaking now
this is the expediter
so um lakisha you can promote youssef mr lee we will unmute we will meet you back
and if you want to present then you let us know i'm in okay sir please identify yourself spell
your first and last name. My name is Yosef Yamane. I spell my last name Y -E -M -A -N -E.
Your first name? Yosef, Y -O -S -E -F. And your address? 612 Cypress Lane,
Morton, PA -19070. Thank you. Swear and affirm to tell the truth, the whole truth and nothing
about the truth? I do. Please proceed. Yeah, this is about the property located on... Hold on one
checking my fault carol this is not an attorney so they don't have to waive and stipulate right
are all the documents in in the exhibit packet with proof of ownership tax compliance refusal
referral photos and plans of the property five days in advance of this hearing have you met with
the rco and do you have a letter yes okay approval you may you may proceed all right good morning
members of the board uh my name is sorry mr yusuf hold on one second yes are you going to um be
presenting mr yusuf yes okay let me just promote you so you can share your screen okay
Yes. Okay. Let me just promote you so you can share your screen. Okay.
Okay. You can now share your screen and present your case. Okay. All right. So in this package,
I have a list of things, the refusal, project information form, application for appeal, deed certification.
I'm sorry, sir.
Are you sharing your screen?
You don't have it yet.
You don't have to do anything to share it.
This is my first time.
So hit the bottom of the Zoom screen that says share screen.
It's green.
Okay, let me see.
Oh, God.
So once you click on that green button, then you go to your documents.
Is this the one? I'm so sorry. Share a screen. Here you go. I got it.
Do you see it now? It's coming up. Yes, we do see it.
All right. Sorry about that. It's my first time.
No worries. All right. Okay. This is the, I have,
On the document, you have the refusal, project information from application for appeal, deed, certificate of tax clearance, plans, site pictures, posted zoning pictures, and RCO approval letter.
We are only asking for the 2 .8 foot, the variance that we built without knowing, but they said that we are like off of like by 2 .8 foot, that's what we're asking.
do you have any photographs yes it's attached
on page 14 we don't have that in front of us you have to scroll down and show
okay i'm sorry
okay yeah those are the pictures uh we don't have the picture uh of the the project in the back
but the design you can see it on page 14 this one right here rotate rotate that rotate that
sir okay okay this is right here where the shaded part right there this this part right here is what
we are talking about and then we i was told we are yes this is where it is
you have a letter from the rco yes it's right rco could you show us that letter please
yes sir
and rotate that as well
there you go
it's taking longer
it's right there
thank you thank you you're welcome all right um any questions from the board no no
anyone else like to testify in this case if so please raise your hand
no hands at this time chair thank you planning commission
this is paula crumbler burns with the city planning commission we have no objection
thank you mi 2020 -000974 4224 brown street my vote is yes my vote is yes
my vote is yes my vote is yes you am i 2020 dash zero zero one one nine two five one two one
funston f -u -n -s -t -o -n street funston street
Mr. Joseph, you can all unmute yourself and wait to be sworn in.
Good morning.
Good morning, sir.
Please identify yourself with the record name and address.
Joseph Consul, Consul Madison, 1 West 3rd Street, Suite 204, Media, Pennsylvania, 1 -9.
suite two zero four media pennsylvania one nine zero six three please spell your last name for
the reporter c -o -n -s -o -l -e you swear and affirm to tell the truth the whole truth nothing but the
truth i do thank you carol yes do you agree to waive the reading of the refusal and stipulate
to its accuracy i do and also have you emailed an exhibit packet with the required documents
including 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 we have met with the rco thank you
and you have a letter we have and we do thank you you may proceed uh good morning did my screen
share the zoning appeal packet it's up okay thank you uh good morning everyone uh joseph
console here on meeting ID MI 2020 001192. The property is 5121 Funston Street. This block of
Funston Street is between 51st and 52nd Street and runs parallel between Brown and Parrish
Streets. The property is owned by Michael's Construction and Mr. Michael Spencer is here
as representative of michael's construction um the property which i'll pull up
all right one second property was purchased uh by michael's construction june of 2019
This is a Google Maps photo from 2012 at that time.
We believe that's when it was renovated into a two -unit and it was eventually sold to Michael's Construction in 2019 as an occupied two -unit property.
That purchase obviously contained a mistake by Michael's Construction as it was only zoned single family.
but that is why we are here today to seek a variance for the second unit got a copy
of the plans which i'm pulling up here the first floor is a studio apartment with a combination
living room and bedroom and a separate kitchen and the second floor is a two -bedroom unit
the basement is strictly for storage. Since the time of the purchase, there has been some turnover
and Michael has done internal renovations on the unit. I've got some pictures of that,
photos, the exterior as it stands now. And here's some photos of the interior of Funston Street and
work that michaels did to spruce to spruce it up as you can see in the pictures that i'm going to
pull up now the block itself is roughly 50 to 60 percent vacant properties or boarded up properties
we believe michaels construction providing a clean and safe two -unit property on this block
is a benefit to the block that will help improve and beautify this part of the neighborhood.
We had an RCO meeting with the Mill Creek Advisory Council on November 9th.
We got support from the RCO without opposition. The RCO requested a couple of changes,
one of which is Michael building out a closet for the first floor unit before he re -rents it.
uh the first floor unit i forgot if i mentioned that is is vacant right now uh and the second
as he seeks his variance and the second uh has a tenant in it um so uh installing a closet for
the first floor unit before he rents it and the other is installing garbage disposals in the units
which was something that just came about as a result of the second floor tenant appearing
at the RCO meeting and responding to some questions the RCO had that was something else
they wanted was garbage disposal to call to both units. Mr. Spencer agreed to both of those
conditions. I'd like to just call Michael Spencer if you could Michael if you could raise your hand
on Zoom. Okay. He's available. Michael Spencer? Yes, I'm available. Hi. Good morning, sir. Please
identify yourself for the record. Spell your last name. Michael Spencer, S -P -E -N -C -E -R. Could you speak
a little bit louder or get closer to the mic
please
um michael spencer s -p -e -n -c -e -r can you swear and affirm to tell the truth the whole truth
Michael Spencer
S -P -E -N -C -E -R
can you hear me
nothing but the truth yes mr consul please proceed good morning mr spencer did you hear
my testimony just now regarding 5 -1 -2 -1 funson street yes is it accurate to the best of your
knowledge and do you adopt it as your own is true and correct yes do you have anything you'd like
to add um i think you may have covered everything all right thank you mr spencer i have nothing
further thank you questions from the board no no anyone else like to testify in this case if so
please raise your hand no hands at this time chair planning commission
this is paula brumblow burns with the city planning commission we have no objection to
granting of the variance thank you very much mi 2020 dash zero zero one one nine two five one two
one funston street my vote is yes my vote is yes my vote is yes my vote is yes thank you board have
a nice day thank you thank you do likewise mi 2020 dash zero zero one four four two eight zero east
sharpneck street mr patterson you can unmute yourself and wait to be sworn in great hi good
morning good morning mr patterson please identify yourself for the record and i'll swear you in
Sure. Ronald Patterson, P -A -T -T -E -R -S -O -N, Claire Harrison Law Firm, 1835 Market Street, Philadelphia, PA, 19103.
Thank you. You're swearing the firm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you, sir. Please proceed.
Mr. Patterson, do you agree to waive the reading of the refusal and stipulate to its accuracy?
uh miss tenary this is a um um a held case from january 29th so um we had did previously of
course submit that at the 29th january 29th hearing okay so this is a you may proceed
okay thank you let me bring up these documents here
can you see that no yes no we're still in your files okay
Okay. All right. I'll get back to that.
But you met the file.
Yeah, I got to get the file.
There we go.
So, just by way of background,
this case we heard on January 29th.
It regarded initially an existing building, as I'm going to show you.
we still only have your file oh interesting you might have to stop sharing yeah i'm gonna try it
again okay now yes yes beautiful yes
oh these were scans of the old original this is the original submission
You got it now. Thank you.
So this is the package that I submitted in January, showing the existing building here.
It fronts on along here is Magnolia Street, to the right is Sharpnack Street.
It was a long existing building, long vacant, just to rehash.
It had a zoning permit last used for 12 dwelling units, a store, and a barbershop.
There's a view across the street where there's new homes going up.
There's another view, some additional views.
So the application, it's in an RSA 5 zoning district that we demolished the building.
The lot is kind of what I call double wide on Sharp Neck.
and deep along Magnolia. It was possible, as we had mentioned in the hearing, but difficult to
have a bi -right plan that would work and be viable.
have a buy -right plan that would work and be viable.
We figured out that it would probably be four, maybe five buy -right homes,
but they would be too wide to probably be occupied and be viable for a project.
So we redesigned at the time the homes to comport with the adjacent home sizes.
So we had proposed six lots. Along here is Sharp Neck, Magnolia. There was an entrance off of Sharp Neck, and in the rear, there were a series of decks at the second floor, which I will show you.
That's Magnolia Street. We had a series of decks here, and there's that greenhouse that was next door to us.
um we had proposed six six houses uh east with um parking in the rear and the second floor deck
the deck had gone out to um the property line and you know at the hearing i you know the the board
we had a discussion and with the board's really learned i said you know i think that these uh
decks here are very cavernous and create really much a deleterious effect in that there's no
light getting to the ground floor. And Mr. Holloman had commented that the deck, even though
we had safeguards in place that this deck was riding on a separate, well, he was concerned
about being too close to this house here so we had asked then to have it held and then on
march 16th i submitted a revised package that we want to have considered today we we have had
which i can go through several meetings with east mount airy neighbors both two regularly scheduled
meetings, other meetings with local residents and smaller groups. We had discussed this. We have
not reached an agreement. We had offered a community benefits agreement, which I'll talk
about in a minute um i want to um go back sorry can you see that now no we only have your uh file
uh can you see that yet no i only have your file again okay
figure this out sorry
I'm in there.
if i could suggest that you open up your file first and then share screen because for some
reason it doesn't come out the red box has to go around the document all right let's see
I apologize for this I can't get it to go let's try one more time
you see my file we're back to your file okay no letter yet we just we had just
saw the letter was it this letter yeah we just saw the letter previous to this
okay so if you have this file open when you share a screen just click on the
document that's open.
We got it.
Perfect.
Sorry about that.
It's always worked before.
Anyway, this is the letter that we had sent with our revised plans.
And I would note that there was a series of refusals and most of the refusals had to do with the rear deck, not having a setback, not providing your rear yard because the deck was covering the ground from the sky, not having the support poles less than or equal to 18 inches from the house since they were all at the property line.
So these revised decks, which I'm going to show you, actually eliminate these four refusals because we now have compliant decks and eliminated these refusals.
The remaining refusal had to do with lot lines, sorry, lot sizes, which I'm not going to go into again.
But to summarize, you know, we presented a hardship case and also that the design of these homes was in character and context of the houses in the area in terms of widths and depths.
So what we're asking to consider today, here is a site plan that we had submitted.
Again, there is our view with the decks removed with a slightly little European deck.
I'm going to show you one more document if I can.
can you see that yes okay so uh we continue to negotiate and trade what we'll call cba's
community benefits agreement even until this morning and i have to say that um
The CBA initial one was a version unlike anything else I've ever encountered, and I've only been saying this, I've only been shocked twice by a request, and this is the second one that's probably number one.
I wasn't really going to get into the details, except for the fact that East Mount Airy submitted all of the community benefit versions this morning, so now it's part of the public record.
And just to show you what we have been dealing with, the proposed development, they've asked us to remove one of the houses.
They've asked us to commit to these three things.
We'll take the first two, which I'll have Mr. Falso testify that these offerings amount to about $500 ,000 worth of work.
plus a contribution to what's called a revitalization project of $550 ,000.
Yes, that's not a mistake.
Over one additional house.
So with that said, I would like to have Glenn Falso, F -A -L -S -O, admitted.
Ronald Glenn, G -L -E -N -N.
He's with Ruggiero Plant and Mr. Jim Baker.
So I can confirm my testimony.
May they raise their hands, I have a Jim Baker.
Jim Baker, you can wait to be sworn in.
Is Mr. Baker one of your clients, Mr. Patterson?
Yes, sir.
Yes, he is.
Sir, please identify yourself with the record, spell your name, and we'll swear you in.
It's James Baker, J -A -M -E -S -B -A -K -E -R.
I'm with Baker and Company.
We're at 45 East City Avenue,
Balconwood, PA, 19004.
We're a community -
Excuse me, sir.
Do you swear in the firm to tell the truth,
the whole truth, nothing but the truth?
Mr. Patterson.
Is Mr. Faso here?
I have a Ronald Glenn.
All right, Mr. Glenn.
Sure, let's take Mr. Glenn first.
Good morning, Mr. Glenn.
Please identify yourself for the record.
First and last name, and I'll swear you in.
Good morning. My name is Ronald Glenn, R -O -N -A -L -D -G -L -E -N -N.
Good morning.
My name is Ronald Glenn, R -O -N -A -L -G.
Your affiliation with this project?
With Ruggiero Plant Land Design. I work with the civil engineering team. Address 5900 Ridge Avenue, Philadelphia, PA 19128.
Thank you. Swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, Mr. Patterson.
Thank you, Mr. Chairman.
Uh, Mr. Glenn, um, as you stated, you are an employee of Ruggiero plant civil engineers.
That's correct.
And, uh, you've worked on and drafted the plans, both the original and this, um, revised plan that
I'm showing the board now, correct?
Yes, I did. Yep.
And, um, is it true and accurate what I've stated so far that you would adopt as your own? How have
I described, uh, the revised plans?
Yes, I would adopt your testimony as my own.
Okay. And would you agree that, uh, the revised decks, um, eliminate the four refusals noted on
the refusal letter? Yes. Okay. Thank you. That's all I have. Okay. Um, unless, um, so Mr. Baker.
Yeah. Yes, sir. Um, so if you could briefly describe, uh, Mr. Chairman, this goes to our
outreach, uh, program. I just want to let you know the extent of which we've done this, uh,
in addition to you know the the recent CBA version so Mr. Baker could you please please describe
I'm sure you have a list of what your outreach outreach program consisted of
since before our January 29th hearing and continuing to today thank you Mr. Chairman and
members of the board we have we're community relations uh specialists and so we have um
We made numerous efforts to reach out to the community. We attended the first meeting, which was held at the seminary. We then worked with East Main Area to have a meeting that was located on the block so that the local neighbors could participate.
That meeting was then held, and there was a positive vote for the project at that meeting.
After that meeting, we attended the ZBA hearing, and at that meeting, we brought up the idea of having a community benefit agreement and attempted to have a conversation with the neighbors.
That's how the decks got redone.
uh however um we then we then drafted a cba and it was modeled after a cba that we had the
privilege of doing for 4601 market street okay but mr baker i don't think we need to go into the
cba details yeah that's that's the zoning board doesn't make its decisions based on just if you
could i'm sorry just if you could tell us you know what meetings you've had or outreach you've had
We've gone out and knocked on neighbors' doors. We've talked to neighbors. We attended a meeting that was organized by, I think it was East Mountain Area neighbors. I'm not sure that was more of an activist meeting than anything else. But we've gone out, talked to neighbors, attempted to make, to figure out how to be cooperative with them and to deal with their needs.
um thank you can the board see my uh i'm sorry not my letter but the letter from uh councilwoman
best yes okay and so that this is the letter we had received back in august which i'm sure the
board has so that would conclude my presentation on the revised plans if there are any questions
Thank you. Any questions from the board?
Anyone else would like to testify in this case? If so, please raise your hand.
Yes, I have a caller ending in 1020.
Caller, you can unmute yourself and wait to be sworn in.
caller hit star six
hello hi uh good morning please identify yourself with the record name and address
uh glenn falso oh glenn thank you oh okay do you need him run
Yeah, just to confirm my testimony.
All right, let me get Glenn.
Please spell your last name.
F as in Frank, A -L, S as in Sam, O.
You swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
And your affiliation with this project?
the managing member okay thank you mr patterson thank you mr chairman uh glenn uh so uh you are
The managing member.
Okay, thank you, Mr. Patterson.
Thank you, Mr.
uh we'll call the owner developer applicant in this matter correct correct correct and you've
heard my presentation uh just to be brief that you uh agreed it's true and accurate and would
adopt it as if you were your own i do okay that's all i have mr chairman thank you again i'll ask
any questions from the board no okay thank you anyone else would like to testify in this case
if so please raise your hand yes we have a natalie hi this is natalia sariko i'm the executive
director of east mount erie neighbors how long please uh your full name natalia sariko it's s -e -r -e -j -k -o
and you swear and affirm to tell the truth the whole truth nothing but the truth
Yes. Please proceed. Sure. So I just wanted to clear up a couple of things. The letter that was just shown from Cindy Bass's office, there was the letter that we sent to the ZBA, which included the meeting summary, which showed that it was a tie between neighbors supporting and opposing this
this variant so it wasn't an approval by the new neighbors or by the neighbors so I just want to
clarify that and then the ZBA should have a copy of that letter that went out
and then another thing that I would like to also clarify is that a letter was sent to the ZBA in
February indicating that the developer had asked the near or the near neighbors to
do a CBA. And then we were waiting for the developer to send over the CBA. And the CBA
was riddled with misinformation. It had the wrong organization. It had the wrong street.
So the neighbors sent the other CBA in response.
and the neighbors have been working with an attorney so they have been asking the applicant
to be reaching out to their attorney for any communication instead of talking to the neighbors
directly and we also sent along today the most revised version of the CBA that again not to
interrupt you but the zoning board doesn't make its decisions based on ZBA between communities
and developers that's that's something that the community groups and the and the developers uh
act on their own we don't take that into consideration okay so um well i just i just
wanted to clarify the record because there was a lot of wrong information that was given and i
just wanted to clear that up first um you know the neighbors have been working really hard to
work on a deal um with the applicant and um what do you say a deal what do you mean by a deal
well as a cba well again we're not that's not for this board to make those decisions we don't weigh
in on those issues okay so um then i don't understand what the purpose of the cba is if
The purpose of the CBA is to listen to the development, the project, weigh any of the issues that cause the refusal, and make a determination whether we agree with the refusals or if the developer makes any adjustments, we decide whether we vote the plan up or down.
The CBA, the community benefits agreement, we have no involvement in that.
okay well the neighbors are still they just sent a new CBA to the developer so it's still
in negotiation again that's it I'm no more discussion on CBA please with all due respect
on CBAs so chair if you wish we can move on if there's no discussion of zoning
yeah Lakeisha you can call the next person as we have a um Mr. Michael
Michael you can um wait to be sworn in sure can you hear me yes sir please identify yourself for
the record name and address Michael Burrell 26 East Sharpneck Street and your spell your last
name please Burrell B as in boy U R R E L L and you broke up a little bit your address again
26 east sharp neck street thank you swearing a firm to tell the truth the whole truth nothing
but the truth i do 26 east sharpening how far away is that from 80 east sharpening uh
26 East Sharpnik. How far away is that from 80 East Sharpnik?
Down the street.
Okay. Within a block or two?
Half a block.
Okay. Thank you. Please proceed.
Okay. Since you took off the CBA, because that was the purpose in discussions,
in regards to what the applicant is offering,
we're going back to
the zoning piece
when they had
provided to the zoning board
and the zoning board
denied the variance because of
certain structures and how they
wasn't denied.
We asked them to go back and see if they
can make any revisions and what we're looking at
today is a revised plan.
The board will make a decision
whether we agree with the revised plan or not.
so if your question you have any concerns about the revised plan if you are you're not satisfied
with the revised plan that speaks to zoning we'll listen to you other than that there's no really
we we shouldn't be having any other conversation but that okay so let's let's talk about the revised
plan then so i think it still stayed at six houses um which um still lock still is it's bunched in
And it does not fit the fabric of the neighborhood. We already discussed that and explained that even though they took the back entrance, well, not the entranceway, but the back decks off, the entranceway for the cars is still not viable for cars to even drive through there and the park.
just the term radius is off so the five houses we we actually said would probably will be more
viable than six so um so i am still against with their with their revised plan of putting up six
houses thank you for your testimony thank you anyone else we have a linda bell wow linda bell
You can unmute yourself and wait to be sworn in.
Ms. Bell, please identify yourself, your name and address, and I'll swear you in.
And I would ask that your questions be directed to the issue before us today, the revised plan.
Yes, my name is Linda Bell.
Your address?
For Slocum Street, Philadelphia, PA, 19119.
We're going to affirm to tell the truth, the whole truth, nothing but the truth?
And where do you live in proximity to this project?
I live three blocks away.
Three blocks away?
I don't know how far that is.
Okay, please perceive your testimony.
Okay, my testimony is that their neighbor's concern is density
and the increasing density in this area
and that the revised plans, we're not clear of what they're actually revising
because it looks like the same exact plans that were shown to us before.
It's actually been changed.
The rear decks are no longer to full extent of the property line.
They've been reduced, I don't know by what percentage, but it is not the same.
Well, if it was reduced, sir, the real problem with the original hearing was the turn radius into the driveway that was.
How does that impact you and your neighbors, whether somebody has a difficult time getting in and out of their rear of their house, their carport?
Because it's not a carport.
It's a driveway.
A driveway with a garage.
How does that impact your community?
It impacts our neighbors because it ties up traffic.
Okay. All right. Thank you. Anyone else? I would just comment that the plan, of course,
was approved, reviewed and approved by Streets Department. I'm just going to ask you that.
Thank you. Anyone else? Yes, Mr. Chair. We have a Monique Burrell. And we want something new
and different, please. Please identify yourself, ma 'am, for the record and I'll swear you're in.
Monique, identify yourself. Please state your name.
She's unmuted, but I'm sure you can move on.
Next case, anyone else, please. Something new and different.
As it relates to the revised plan.
We have a Ms. Campbell.
Hi, this is Kim Campbell. Good morning, Ms. Campbell.
Campbell. Good morning, Ms. Campbell. Please identify yourself with a record, name and address.
Please identify yourself with a record, name and address.
Good morning. My name is Carolyn Campbell. I'm a landscape architect for Studio CCLA.
I live in East Mount Airy within the Emon District. We're in a firm to tell the truth,
the whole truth, and nothing but the truth? I do. And when you say you live within the district,
how far away from this project do you live? A couple blocks. Okay, please proceed.
What is the hardship? Why does there need to be a variance? If there are four homes allowed on this
lot, can there be a reduction of one home instead of five? Could there be four? If I may, we presented
that case on January 29th, and I would incorporate that testimony by reference here. And I'm sorry,
Chair, if I could ask that we get the address of the testifier. Yes, ma 'am. Thank you, Tanya. Ma 'am,
please give us your address 7144 crittenden street thank you okay anyone else i'm sorry
uh could he just respond to my question oh my gosh and your question again was
oh what's the hardship they're seeking a variance because it's four is by right
Correct, Ron, or am I misspeaking?
Well, yes.
If you read the refusal letter, there were five refusals.
Four had to do with the decks.
The fifth had to do with the size of the lots.
And the decks are no longer an issue.
Correct.
And to summarize the hardship case, and I'll recall it all in detail, we did have detailed testimony on it,
was that four houses are not viable because they would produce wide houses that would be
unmarketable. Not that it's an economic argument, but it would stay vacant because of the sizes of
the homes, plus they were out of contact. So the six were more in line with the widths along the
street on Sharpnack and the depths. And that's what we had looked at. And so which all those
lots in that area are undersized less than 1440 feet there might have been other items of course
that i've included but that was the um the gist of it thank you oh well as a community member i
disagree with the hardship well good you can disagree excuse me that's your prerogative to
disagree we will take that into consideration okay chair we have a jeffrey hayes mr jeffrey
you can unmute yourself morning please identify yourself for the record name and address
yes this is um jeffrey hayes um my address is 73 15 boyer street um which is not that close
to sharp neck but i am the um co -chair of the zoning committee for east manory neighbors
last name please hayes h -a -y -e -s we're gonna affirm to tell the truth the whole truth nothing
about the truth? I do. Please proceed. I would just like to make two points. One of the things
we objected to when we saw these plans last winter was the deprivation of sun and light
that this first unit that we're seeing in this rendering casts upon the adjacent neighbor
um to the high compliance the west that would um the west of the um the west of this unit um
you can actually see it in the rendering so i um we find that uh grounds for um rejecting this plan
and the other point is that um let me stop you let me stop you for a minute if i could
sorry for interruption we keep hearing said that there's an overbuild six units why don't they
build four hypothetically if they build four they can take up the entire footprint all right just
build them wider and you're still going to have the same issue so i doesn't comply the height
complies mr chairman well but due respect um there would still be more um space around them if they
built if they built uh four units there would be um probably more side guard and there would be
more speculative speculation no doesn't you don't know that they can build sure they can build
attached four attached properties that would take up the entire footprint footprint somebody can
correct me if i'm wrong but if they wanted to they can came in and built four units that would take
up the entire footprint that's correct and i don't see how that would reduce any of the shadows that
you're concerned about i'm not being argumentative i'm just trying to point that out i don't see the
difference no thank you um um well they could also build five units and leave off the one
No, thank you. Well, they could also build five units and leave off the one unit that I'm referring to.
They could.
They could. And that would be a compromise.
In your mind, we could also.
All right.
Well, it would address that concern.
And the other thing, real quickly, is that if you do look at the surrounding properties on Magnolia and the adjoining block to the south, the sizes are much larger than these lots.
So I think the argument that it's not in the context of the neighborhood is incorrect.
I appreciate that.
Thank you.
Thank you.
anyone else something new and different because we're going to close this hearing down shortly
yes Kevin Cook Mr. Cook you can unmute yourself
good morning good morning sir please identify yourself with the record name and address
my name is Kevin Cook K -E -V -I -N -C -O -O -K -E my address is 6511 Magnolia Street
philadelphia pennsylvania 19119 we're in the firm to tell the truth the whole truth nothing but the
truth i do where's magnola street where you live in proximity to this project it is on the block
okay thank you please proceed okay uh there's already a question about what is the hardship
uh one of the things that i've heard was uh in conformity with the uh existing homes
um if you're going to be in conformity with the six homes on magnolia street
each one of these homes has a curb set back with a little bit of green space in the front yard
um that is something we at some point asked the developers to consider um the next thing was with
the four or six or however many they're going to build uh if there was four you're right i mean i
i agree they could definitely do whatever they wanted and just build four task units
or uh in conformity with the area of mount airy which is known for some green space
they may be able to put driveways in between or little yards in between it's not that we don't
want them here in our neighborhood building and and developing we just ask that they if at all
possible if at all possible keep a little bit of the character of the neighborhood in the area
in mind when they do so uh so those are the things i just wanted to bring up
you're suggested that they may put curb cuts in the front you said
possible yeah then then you would be eliminating a lot of on -street parking wouldn't you not
um uh yeah that's that's correct for those homes for four or five whatever they're going to build
uh it would take the on -street parking there um okay however that may be more viable for
their customers and the neighborhood thank you all right check the speculation yeah
okay mr chairman yes sir i'm in support of the revised plans especially the reduction in the
rear deck thank you thank you and we're going to move on um planning commission
good morning paula brumbler burns with the city planning commission
and I do want to note before I give my recommendation that if the applicant reduces the
amount of homes that does not mean that they are going to put inside yards and it is not an
assumption our recommendation is not an assumption that they will be creating more green space or
open space so the property is indicated for residential use on the comprehensive plan
we feel that five lots is appropriate on the lot size and in character with the neighborhood and
that a house being too wide is actually not a negative accordingly we recommend that six
units not be granted and we are recommending for five lots thank you um revised plans run how many
pages i believe it was just one sheet mr chairman one yes thank you mi 2020 -001442
8 -0 East
Sharp Neck. My vote is
yes with the Proviso
revised plan. One page approved
today.
Yes with Proviso.
Yes with Proviso.
Ms. Carol, give me your music.
My vote is yes with Proviso.
Thank you all. That concludes the 9 .30 session. Do we have any unfinished business?
Thank you all. That concludes
the 930 session. Do we have
any unfinished business?
Thank you, Mr. Chairman.
Thank you.
Tanya? Sharon?
Chair? No, I think that's good.
Okay. I'll see everyone at 2 o 'clock. Stay safe.
All right.
Have a good day.
Are we ready to go live?
yes we are say good afternoon hello good afternoon let's go live and then we'll give tanya a few
minutes you're good to go chair thank you uh good afternoon everyone my name is frank de chico i'm
the chair of the zoning board of adjustment i'll be participating in today's hearing along with our
Vice Chair, Ms. Carol Tenere, and Board Members, Mr. Thomas Holloman and Mr. James Snell.
Board Administrator, Ms. Tanya Sunkett, and Board Attorney, Ms. Sharon Saleta, who 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, for the benefit of anyone
participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking
or testifying. Third, we'd like to advise everyone that this proceeding is being recorded
and that by participating, you acknowledge your agreement to be recorded. Fourth, 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 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 finally to make 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. With that, we can begin. But before Vice Chair calls our first case, we'd like to ask if
anyone is requesting a continuance or a withdrawal of an appeal listed for this afternoon's hearing
i will go through a list of requested continuances that we already have
and if you're not on this list and you wish to have your case continued please raise your hand
number three on our list mmi 2020 -001821 -5224 rising sun avenue
MI 2020 -001753, 2533 Alter Street.
That's number six on our list.
Number 10 on our list is MI 2020 -001849, 1719 Spring Garden Street.
Number 11 on our list, MI 2020 -001867.
1221 -25
North 4th Street
number 12 on our list
MI 2020
001790
145 West Wildey Street
is withdrawn
number 14
on our list
MI 2020
001870
1643 -51
North 6th Street is continued. MI 2020 -001714, 1608 North 27th Street. If the applicant or
attorney is present for any of the cases I just called out to be continued and you wish to dispute
that, please raise your hand. And again, if anyone is requesting a continuance or withdrawal other
than the cases i just called into the record please raise your hand chair we also had a
request this is tanya we had a request for number nine on your list did you cover that
i do not believe i did but hold on please that was requested by the attorney of record
okay that's number nine on our list that's mi 2020 -001848 1801 north 6th street
is continued any other requests yes chair we have a mr mr
Any other requests?
Yes, Chair, we have a Mr. Mr. Dorwin. Mr. Dorwin, you can unmute yourself and speak to a continuance.
Good afternoon, sir. Please identify yourself for the record, name and address, and I'll swear you in.
Good afternoon, Mr. Chairman. My name is Darwin Beauvais. I'm at 1500 Market Street.
I'm an attorney from Dilworth -Paxson, and it's just regarding, it's a technical issue with 5224 Rising Sun Avenue.
I believe you call that.
It is listed as a continuance, but part of the reason why we're seeking a continuance is because we never received the posters.
And I was hoping, begging the chair's indulgence or Ms. Tanya Sunkett's indulgence to help me get to the bottom of that issue.
And we can address that offline if it's more complicated than necessary.
I think it might be. Tanya?
It shouldn't be a problem. I was never aware. No one contacted me. So I can work with them.
All right. I mean, offline?
yes okay sorry darwin i didn't recognize you when they said darwin it's been a while uh yeah
you can speak to tanya offline and work it out thank you any other requests continuances or
withdrawals yes we have miss rachel miss rachel you can unmute yourself and speak to a continuance
good afternoon rachel please identify yourself with a record spell your name and then i'll
swear you in rachel r -a -c -h -a -e -l pritzker p -r -i -t -z -k -e -r 1635 market street suite 1600
philadelphia pa 19103 they swear and affirm to tell the truth the whole truth nothing but the truth
yes please proceed um we are requesting a continuance for 318 bud street so that we
can spend more time uh working through the plans with the community thank you is there anyone who
objects to this case being continued. It's counted MI 2020 -001852 -318 Budd Street. That's
number five on our list. No objection. This case will be continued. Thank you. Thank you.
Any other cases?
request
Ms. Clemente you can unmute yourself and speak to a continuance
Good afternoon chairman and members of the board
we actually are not requesting a continuance for 1801 North 6th Street
we're ready to present however we did request a continuance for 2533
Alter Street
the first one again was what street?
1801 North 6th Street
i believe that halter street was um announced as a continuance and i think i apologize for
the problem on sixth street i think that the um the case that ms sunkett mentioned is also
sixth street and the two got confused yes my apologies clementa thank you no worries no worries
No worries. No worries. Hold on a second. Let me get my paper together here.
So, um, 1801 North 6th, we're going to go ahead with that case.
I'll go forward, correct? Yes. Okay. We'll be right back with you, ma 'am.
Thank you. All right.
Any other requests or did we make any urge? Please notify us now.
Yes. We have a Mary Jones on the line.
Ms. Jones, you can unmute yourself and speak to a continuance.
Good afternoon, Ms. Jones. Please identify yourself with a record, and that's where you're in.
Good afternoon, Mary Jones, Council President of Derek Clark's office, City Hall, 494.
We're in firm to tell the truth, the whole truth, nothing but the truth.
Thank you. Please proceed.
I am calling just to, I guess, request a continuance for MI -2020 -001846, 3015 West York Street.
We don't have a record of that RCO meeting taking place.
This is Sharon Saleta.
actually i was going to announce when that was going to mention when that was called
that we have no um we have no exhibits i did try contacting the attorney of record and did not get
a response okay so mi2020 -001846 3015 west york street is being continued thank you thank you mary
anyone else no hands at this time chair thank you uh with that we can begin so it's mi 2020
Thank you. With that, we can begin. So it's MI 2020 -001 -855 -1029 East Columbia Avenue, number one on our list.
We did receive a letter in opposition from Councilman Squilla on this case.
We have Mr. Brandon. Mr. Brandon, you can unmute yourself and wait to be sworn in.
Thank you.
Good afternoon, Mr. Brandon.
Please identify yourself with a record, spell your name, and I will swear you in.
My name is Brandon Saverin.
That's B -R -A -N -D -O -N -S as in Sam, A, V as in Victor, R -A -N.
Address is 1635 Market Street, Suite 1600, Philadelphia, Pennsylvania, 19103.
and i am an attorney representing the applicant with pritzker law group thank you do you swear
and affirm to tell the truth the whole truth nothing but the truth i do please proceed
sir do you agree to waive the reading of the refusal and stipulate to its accuracy
yes and have you emailed an exhibit packet with the required documents including proof of
ownership tax compliance refusal referral photos under plans of the property five days in advance
of this hearing and have you also met with your rco and do you have a letter uh we did send in
the packet and we met with the rco twice yes thank you you may proceed um can i request a question
who will be presenting so i can uh promote i'm gonna present um initially and then i'm
gonna pass the baton to jeffrey owen who is our architect okay
Thank you very much.
Okay, so I just shared Atlas.
This is the property.
It's at the corner of East Columbia Avenue and Wildey Street, couple blocks below East
Girard, sorry, one block below East Girard right there.
So this is a 2 ,500 square foot lot that sort of has two uses on the property currently. On the corner, which you can see there, is a 1 ,400 square foot vacant portion. And then occupying about 1 ,100 square feet is this existing home, which has been owner -occupied before this year for a long time, is extremely dilapidated inside.
So my client, Joe Walker, and his business partner, Tom, Joe is on, and I'll introduce him in a bit, are proposing to purchase this home.
They're both Fishtown natives.
The idea is for this house to be renovated, gutted entirely, so that Tom and his children can move in.
And to assist with financing that project, the concept is to obtain a subdivision and build a structure on the vacant 1400 square foot space.
um the sort of part b of the project i'm just going to move down willie street here
is to legalize this existing curb cut which is right next to a fire hydrant as you see there
uh to put two parking spaces on what's already a paved lot back there um so that touches on two
of the three refusals right there that would be the subdivision and the lot areas um since the
you know 1400 ish square feet new lot is just shy of 1440 and the um fact that the curb cut is
directly on a side street we need a variance for uh third third issue is uh that we're proposing a
duplex for the 1400 square foot lot. And that is essentially to make the units affordable.
I'm going to pass, probably end my screen share here and pass things on to Jeff Owen,
if the board would assist me in allowing him to screen share, but he can speak about the
size of the two units. They'll actually be quite large and he can walk through their,
their layouts and such. Jeff, are you out there? Raise your hand if you are.
he's available okay good afternoon
the frank you're muted nope thank you very much sorry about that mr owen please identify yourself
with the record and i'll swear you in yes uh my name is uh jeffrey owen j -e -f -f -r -e -y -o -w -e -n
address is 107 Kings Road, Plymouth Meeting, PA.
address is 107 kings road plymouth meeting pa
one nine four six two and your involvement in this project is uh i am the architect okay and
you swear and affirm to tell the truth the whole truth nothing but the truth yes i do thank you
please proceed thank you very much um you should be able to see a screenshot of the site plan uh
left hand side is existing site plan no we don't have it yet oh i apologize okay no worries we
only have your name up there okay oh there we go you should now be able to okay and if you can
enlarge that slightly that would be helpful absolutely that's good thank you okay um oops
that is not gonna work
Yeah, I apologize. As Brandon had mentioned, the, the property has been subdivided or proposed to be subdivided into two parcels. The east parcel would have the existing house on it, which is scheduled to be renovated.
And then the west parcel is currently vacant at the corner.
And as Brandon mentioned, the proposal is for a two -units new construction house on that particular lot.
The building would be three stories tall with a full basement roof deck on the main roof.
And then behind, off of Will D Street, is proposed two off -street parking spaces.
What is the width of that curb cut for the proposed parking spaces?
I apologize.
18 feet.
Thank you.
You're welcome.
Brandon, would you like me to go through the floor plans?
I would. Yes, Jeff. Thank you.
Okay, sure.
here are the proposed four plans uh from left to right is basement first floor second floor and
3rd floor. Main entrance is off of Columbia Avenue, Columbia Street, into a common foyer.
The units are divided. It would be basement and 1st floor as the lower units, and then
2nd and 3rd floor as the upper units. Both units are entered from the main foyer off
Columbia as you walk in the first floor there is a dining room kitchen rear bedroom and bathroom
you walk down the stairs to the basement where we have the living room second bedroom in the rear
bathroom and utility room and laundry there is an egress exterior egress stair out of the rear
bedroom from the basement to the rear yard of the property from the first floor you can enter through
the foyer directly straight upstairs to access the upper units and that takes you up to the second
floor where you have a living room dining room kitchen and powder room again you wind up the
stairs to the third floor where we have front and back bedrooms two bathrooms laundry and utility
Jeff, perfect. I was going to ask you about exterior materials, so go right ahead.
Sure. So here are images of the exterior of the proposed construction and also materials.
And I'll briefly zoom in just so it's a little easier to see. The south elevation here is the
main main entry facade proposed to be red brick to match the existing house that is to be renovated
again three stories with a roof deck the north elevation is the rear of the house
again red brick and then a cementitious siding
material. The owner is looking into cementitious siding. That's a light gray of color. There's
There's several other properties in there that have similar siding material used. The windows
several other properties in there that have similar siding material used.
and trim including the rooftop deck railing would be black vinyl windows and also black railing
for the roof deck. The long elevation, the west elevation along Wildey Street, as you can see,
three stories, mostly red brick, and then there are two bay window projections at three feet
off the facade in keeping with the street department's criteria. And as you can see,
a roof deck, and then also a pilot house to be able to access the roof deck from the third floor
apartments. The roof deck is only accessible from the upper units. Some of the area, the rear yard
and the parking spaces would be accessible from the first floor unit or the lower unit.
Jeff, just one more question for you. Could you speak to the areas of each of the square footage
inside of each of the two planned units? Sure. The overall net square foot of the
building is 3 ,300 square feet approximately. The lower unit is just over 1 ,400 square feet,
and the upper unit is 1 ,868 square feet. And if I'm understanding you correctly,
that means if this was to be developed as a similarly sized single -family home, it would be
over 3300 square feet interior that is correct the uh the size of the construction currently is
is by rights uh for zoning and that would as you mentioned um put the overall
building at uh just north of 3300 square feet okay um i just want to ask so i have rachel
Pritzker on the line here, my colleague. Rachel, if there's anything else you want to add before we
take questions, go free. Thanks. Again, Rachel Pritzker, R -A -C -H -A -E -L -P -R -I -T -Z -K -E -R.
I wanted to just mention the community portion of this. We, I guess, we have the letter from
fna that we submitted um and they were originally during our board meeting with them i think that
they were um appreciative of the um affordability component of the duplex there was some concerns
around the parking um although as i'll say again i think that you know not providing accessory
off -street parking even if it was to be a single family home um which i think would be extremely
large for this lot I think although it might not be an issue in the in the neighborhood this minute
you know as things continue to develop accessory off -street parking is extremely important especially
if we're able to utilize an existing curb cut so we went around and the owner actually spoke with
the near neighbors so if you notice on the FNA letter which Brendan I don't know if you want to
bring that up there were seven people voted and then we have I believe 16 or so odd letters of
support um for both the duplex and the accessory off -street parking from the near neighbors that
we provided um to the board so um again just want to point out there was seven in opposition
um although none of them lived within 500 feet or um of the property and then uh we obtained
uh letters of support um from the near neighbors as well um so i just want to
mention that for the record and these are those letters of support
could you share those letters with us yeah we i believe we did submit them to the board in the
packet that we submitted yeah unfortunately we don't get the board doesn't get all that
material so we rely on what we can see uh during the presentation mr chair i'm just going to scroll
through these uh you know you can tell me to speed up slow down but um okay okay earl where
is earl street in relationship to this property it's a fair question let me pull up atlas
one moment
so that is one block to the east along it's within the 250 square feet okay
yeah 250 feet rather not square feet yeah it was important for us to um because some of the
conversation at the community meeting or the board meeting was that the parking wasn't really
community meeting or the board meeting was that the parking wasn't really that big of a problem
that big of a problem.
on this block so um you know i don't live on this block but the uh developer or the owner um you
know is a long -term resident of fishtown and again is uh decided to talk to you know some near
neighbors to get kind of their take and again we do believe that it's important to try to include
parking when when possible especially if we're utilizing um an existing curb cut okay thank you
so could we get the uh summarize uh your presentation and we'll get to the uh whoever
you have on the owner or whomever yep yes um joe can you uh raise your hand if you're out there
i believe and mr chair correct me if i'm wrong he hit star six if he's on his phone to raise his hand
bar nine and then star six i believe thank you joe if you're there please uh
please do so so the board can identify. I have a caller ending in 7921. I believe that's right.
Okay. How are you doing? Good afternoon, sir. Please identify yourself with a record name and
address and uh i'll swear you in uh my name is joseph walker uh j -o -s -e -p -h -w -a -l -k -e -r
uh currently residing at uh 1841 williamstown aerial road in victorville new jersey
we're in a firm to tell the truth the whole truth nothing but the truth
yes sir i just want i have a question i guess for you and the attorney attorney says
you're a long -time resident you live there at one time uh i am born and raised in fishtown um i
i currently moved out uh my my partner's born and raised in fishtown and he is the one that's
moving in the house next door i just was confused when he said you were a resident of fishtown and
And then you just gave your address to be in South Jersey. Okay.
Oh yeah. All right.
Do you want to ask your client if he adopts your testimony?
Yes. Mr. Walker,
do you adopt the testimony that Rachel and I gave as your own?
Yes, I do. I, I believe I heard Rachel say there was 16 letters.
I want to make correction.
I think there was 33 or 35 neighbors who, who signed them letters.
Yeah. Yes. To make that, uh,
and they're near neighbors, correct? Yes. Me and my partner,
we walked, uh, a one block radius. Okay.
Up each street. And that's as far as we went. Okay. Thank you.
Joe last question, just this final clarification. It's your,
it's your business partner Tom who is going to live in the renovated existing house is that right
yes it is my business partner Thomas Bernard Tobish who is going to move in the
the current house that stands on the property okay thank you very much thank you any questions
from the board no no no anyone else would like to testify in this case if so please raise your hand
yes chair we have a miss helen
miss helen you can unmute yourself and wait to be sworn at yes the new man please identify
yourself with a record name and address my name is helen heenan i live at 412 east will d street
two blocks down from this house would you spell your last name please h -e -e -n -a -n you're sparing
the firm to tell the truth the whole truth nothing but the truth i do yes please proceed
um i have a couple questions um that was presented to you first i was part of that fish town zoning
meeting and i oppose this project which rachel said that nobody nearby did and i know based on
the documents that we were provided that one at a time ladies please okay so i do um oppose this
project um a couple of other comments i'd like to make is that side yard is not a vacant part
parcel it is a side yard um we i don't think anybody was really um impressed by the affordability
of it i think everybody uh nearby neighbors um wanted to keep the open space um because that is
um you know not available um anymore in fishtown and we want to keep that and the density to what
how it is now.
We are concerned about this owner
because if you look in his history,
other houses he had issues with that he developed.
other houses he had issues with that he um developed um even to the port of the chairman
of the fishtown zoning committee um and uh all of these people that the neighbors that um are for it
i would like to know if they're renters or owners of their property that they're in because there's
a lot of renters around here and that's a whole different hello hello
he hit me i don't know what happened
miss helen can you unmute yourself
okay it said the host the host muted me yes it was me okay um so yeah i for all of those letters i
would like to know if they are owners or renters since we have a lot of renters um earl street is
you know it's a block away but from columbia to the uh 1000 block of earl street is a it's about
two to three blocks um so i would like to make sure that that is within the vicinity of that 250 feet
also i'd like some clarification from the attorney when i asked about where earl street was in
relationship to this property do you have the aerial shot of that please let me switch to that
absolutely and make and sorry please make sure it's the uh 1000 block not we're going to look
at it now ma 'am that's what we're doing that's what we're doing okay so here's the property
where the the blue is um here's earl no no that's not the earl that you have ma 'am ma 'am that's why
i muted you before yeah please wait to be spoken to so go ahead tell me what hundred block are you
showing us of Earl Street? So, I mean, let me select a property and let's see how this comes
up there. So that is the 1100 block. Not the 1000 block. I'm not sure if that would be. Let's try
here. That's the 1000 block. It intersects will be. It is a block away from the property.
Okay. Thank you. All right. Anyone else have any comments on this? You'd like to testify
please raise your hand yes we have a venice whitaker you can unmute yourself and wait to be
sworn in uh good afternoon venice whitaker 1468 east wilch street resident of fishtown
And would you please spell your name for the stenographer, please?
It's like Denise, but with a V.
V -E -N -I -S -E.
That's my name.
Whitaker, W -H -I -T -A -K -E -R.
And your address?
1468 East Wilt, W -I -L -T Street.
Wearing a firm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
And Wilt Street, in relationship to this application, is where?
It's not within the 200 feet.
Well, you're beyond the area, I guess.
Are you supportive or opposing this?
I'm opposing it.
Okay, thank you.
We'll make note of that.
Thank you.
Anyone else?
Can I?
Well, you're beyond the 250 feet, so we're going to move on.
We need near neighbors, anyone within 250 feet.
We have Ms. Jennifer on the line.
Ms. Jennifer, you can unmute yourself and wait to be sworn in.
Got it.
Hello.
Hi, good afternoon.
Please identify yourself for the record.
Spell your full name.
My name is Jennifer Romano, J -E -N -N -I -F -E -R, Romano, R -O -M -A -N -I -W.
I'm a resident, 840 East Thompson Street.
We're in the firm to tell the truth, the whole truth, nothing but the truth?
And where is your residence in relationship to this property?
It would be about seven blocks away.
Well beyond the 250 feet, ma 'am.
Okay, well, I still would like to register my opposition to this project based on past performance.
Understood, understood.
Anyone else?
Something new and different?
we have an andrew miller andrew you can unmute yourself and wait to be sworn in
good afternoon mr miller please identify yourself name and address
yes my name is andrew miller and d -r -e -w miller m -i -l -l -e -r my address is 1405 east columbia
avenue uh just a few blocks away right and i wanted to clarify on the excuse me excuse me
I want to clarify on the excuse me. Excuse me. Hello. Hello. I'm sorry. All right. Swear and affirm to tell the truth, the whole truth. Nothing but the truth. I do. Yeah, please proceed.
Hello? Hello?
I wanted to clarify on the FNA meeting. On the documentation for the FNA, the FNA meetings are not currently taking votes from anyone other than the people on the committee.
So that documentation doesn't have the registering of the near neighbors who were at the meeting and who voiced their opinions.
At that meeting, there were a number of people, near neighbors especially, that voiced their opinions about construction activity that had occurred on the property without permits being present, and thus were additionally concerned about this project.
There also was no hardship presented as regards to why the property should be granted for a duplex as opposed to building by right a single -family home.
so noted thank you thank you anyone else can i comment on the there's only one violation on the
property for a vacant structure license um excuse me this is the court reporter i don't know who's
speaking oh i apologize rachel okay thank you sorry about that um their only the only violation
on the property is a vacant structure license um and we are working through the eclipse system with
L &I to, we had to have some clarification to them whether they were utilizing the side yard as
vacant or the house is vacant. So there's no violations for any work that's being done on
this property without permits. The only comment I'd like to make was made by the attorney earlier
that if you put a single family dwelling on it, it would be over 30 something hundred square feet.
That is if you decide to build something that large, you can build something much smaller
if you'd like something that's more in line with the rest of the block so i don't buy that argument
that you can't put a single family on it because it would be too big for the it would have too
many square footage uh having said that uh i'd like to move on any questions from the board no
no no and by the way i'll preface this to the attorneys uh i'm gonna i'm gonna be voting no
on this if it was a single family dwelling i'd be inclined to approve the curb cut for off street
parking we're having planning commission
good afternoon chairman members of the board i need to be sworn in first yes i've been pleased
to spell your name uh my name is ian litwin that's l -i -t -w -i -n planning commission staff
swearing firm to tell the truth the whole truth nothing but the truth
I do. Thank you. Please proceed. This property is indicated for single -family residential use on
the comprehensive plan. This proposal will result in three units where there was formerly one in a
single -family zoning district. The proposed dwelling unit counts exceeds the minimum necessary variance.
We are opposed to granting the variance for multiple units on lot A. Thank you. Chairman,
before you uh yes would we be rachel rachel yes go ahead um would we be able to um request a
continuance to be able to discuss with the client about the a single family home option with off
street parking and we don't have revised plans either to be able to do that today so would that
be acceptable i believe we could but let me ask sharon a technical question if we could we if we
vote to approve this with the proviso maximum one single family home would that work or do we have
to um i i think that the problem would be that the plans miss brisker this would require revised
plans wouldn't it yeah sharon okay then no you would have to um resume the hearing at another
date okay all right so if that works for you uh your client miss pritzker yes that would be great
okay thank you um mi 2020 -001855 1029 east columbia avenue uh this hearing uh will be resumed do we
have a date? Not at this moment, Chair. Okay. You'll be notified of the date and time at which
time we will consider any feedback. I'm sorry. No, it won't be the feedback, right? It would be.
I'm sorry. This is Tanya. Yes. In order to do a resumption hearing, we have to supply a date
So you can try December 2nd at 2 p .m.
Thank you, Tanya.
Okay. So MI 2020 -001855, 1029 East Columbia Avenue. This hearing will be resumed on December the 2nd at 2 p .m., at which time we will consider any feedback from the RCO, the Councilperson's Office, and the revised plan at that time. Thank you.
Okay, so MI2020 -001855.
Thank you.
Thank you.
mi 2020 -001 -765 -879 marcello street
um this is sharon saletta i have no record of having received exhibits thank you is there
anyone out there who uh was looking wishing to testify on this case 879 marcello street
i just have a hillary
hillary emerson
miss hillary you can unmute yourself is that hillary yes this is hillary emerson
good afternoon mr chair members of the board um here on behalf of councilman sherelle parker
I did receive an email from the applicant. The RCO meeting was held in this case, and neither our office nor the RCO has any opposition to an extension of a temporary variance at this property.
um but i know the the applicant um she was confused about participation she said she hadn't
gotten something um when i when she emailed she emailed rcozba and a bunch of emails i emailed
her back and sent her instructions for how to get on here and it sounded like she had submitted her
paperwork in the email but it maybe she she had not i don't know it hurt the applicant is tanya
solomon i don't know if she's she's here according to sharon uh we have not received any exhibits
correct okay that's correct okay so hillary we're going yep i'm sorry chair but it appears as though
miss solomon is on the line if it's okay could we speak to her to ensure she has the proper
information or miss solomon please get uh state your full name spell your full name for us and
your address. You just have to unmute yourself, Ms. Solomon. Okay, it looks like she disappeared,
Chair, but Hillary, if you are in touch with her, can she reach out to our office? That's
the only way yes my name is tanya solomon t -a -n -y -a -s -o -l -o -m -o -n -8 -7 -9 marcella street
philadelphia p -a -1 -1 -2 -3 okay i did unmute it it said unmute it all right they're good you're good
to go you swear and affirm to tell the truth the whole truth nothing but the truth hello
miss solomon do you swear and affirm to tell the truth the whole truth and nothing but the truth
can anybody hear me yeah i hear you fine all right i thought i was off i am on the line and
the phone is saying it's unmuted we hear you now i'm asking the question do you swear and
affirm to tell the truth the whole truth and nothing but the truth hello uh we're having
obviously technical sure i'm going to mute her and she can reach out to us okay so hillary this
case will be continued. MI 2020 -001765879 Marcello Street is continued. Tanya, do you want her to
reach out? I'm sorry, this is Hillary. Do you want her to reach out directly to you or RCOZBA? Because
I know she did email RCOZBA previously. She can reach out to me. That's fine. Thank you so much
for helping out, Hillary. I appreciate that. No problem. Thank you. Thank you. Thank you, Hillary.
MI 2020 -001847, 1928 Point Breeze Avenue.
Mr. Clinton?
Yes, he's coming in as a panelist.
Okay. Good afternoon, Mr. Clinton. Just please identify yourself for the record. You're still under oath from earlier today.
Sure. Good afternoon, Mr. Chairman, members of the board. Henry Clinton, 1313 South 33rd Street,
vote off EPA 19146. Here on behalf of the applicant, Preparatory Charter School at 25th and Mifflin.
at 25th and Mifflin. Mr. Clinton do you agree to wave the reading of the refusal and stipulate to
Mr. Clinton, do you agree to wave the reading of the refusal and stipend?
its accuracy? I do. And have you also emailed an exhibit packet with the required documents
including proof of ownership tax clearance, refusal or referral, photos and or plans of
the property five days in advance of the hearing and have you met with the RCO and do you have a
letter? Yes to all those. Thank you. You may proceed. Ms. Sunke, can I share my screen?
Yes, sir, you can.
Is that large enough for everyone to see?
Yep, looks great.
Thank you.
Good afternoon, Mr. Chairman, members of the board.
I'm here on behalf of what is commonly known as a prep charter school located at 25th and Mifflin Street, 25th and McKean Street in South Philadelphia.
you. This is my exhibit presentation containing the following exhibits, AA through A10.
Here in statement, this is the refusal. This property is located in an I -2, I -1 zone in
special purpose district, and it has been in this location since about 2003, that is the school.
So we have been before the board on prior occasions asking for relief from the zoning
district. And because we have been in front of the board in 2003, when the school moved
to this location, and in 2008, this now third request is prompting two refusals. One is
because the current request is not consistent with the variances that have already been
grant it, and because an educational facility is located in an I -1, I -2 zone, it is not permitted.
We met with the Point Breeze Community Development Coalition. We've got a very, very favorable
response because they know how important the school is to the neighborhood, and we have an
overwhelming vote in favor of the project. Basically 13 -0 from the community, 4 -0 from the
RCO with the understanding, and we've agreed to this, that any bike spaces will not be in an area
where there is car parking because the community group was concerned about safety as our way. So
we've agreed to do that. That is move the bike parking away from car parking. We also have a
a letter of support from Senator Anthony Williams, the majority whip, excuse me,
minority whip of the Pennsylvania State Senate supporting the development of this project,
and he basically in a couple sentences summarizes what we're asking for. We're asking for a 13 ,900
square foot addition, which will add seven classrooms, a multi -purpose room, bathrooms,
rooms, and some storage. It will not be for additional students. It will just be for further
use of the existing student population. Some photographs to give you perspective. This
is a photograph looking north to south. This is McKean Street. This is Mifflin Street.
This is the trestle on 25th Street. This is 24th Street. And you can see Point Breeze
Avenue cutting diagonally across South Philadelphia. This is the current school building. The addition
is going to be in this area right here.
We're still going to have green space,
stormwater management,
but we're not going to have the outdoor space
that we have right now in terms of the track.
The plans, again, this is the main part
of the building right now.
And on the line with me is Vince Mancini,
who is the architect.
He's here also to answer any questions,
but I think I'll lead the brigade right now
through the presentation.
And also Mr. Chuck Pearsall,
the president of the Friends of PrEP Charter is also on the call, and he will be my testifying witness.
But this is the original building right here, and our planned addition is right here.
So you can see we're going to have green space.
We're actually able to pick up a couple more parking spots.
We also have a drive aisle that goes around the rear of the building.
Again, another perspective.
And here's the proposed addition in yellow.
The blue is the existing structure, and you can see that it is in a step fashion here, so we can maintain some distance away from the residential properties that back right here from Mifflin Street.
So the residential homes are on Mifflin Street going north to south, and their rear yards face the school.
So we wanted to be away from those homes, have some buffer area with green space and trees.
also what Vince has done very astutely is he's made another entrance to the building right here
to the building right here so that in the event that this one's this space is to be used maybe
so that in the event that this one's this space
for parent teacher conferences at night teacher training community activities you basically don't
have to use the other part of the of the school you can just come in through this entrance and
use this addition because we're going to have classrooms bathroom multi -purpose room and some
storage areas. Here's another look of exactly the number of desks for students in each of
the classrooms, approximately 41 or so for each of the rooms, restrooms, storage, and
mezzanine. And here's that corridor that Vince designed to bring flow into the building.
And as I get to another structure, you can see that this corridor cuts the building in
half so the addition will really be an extension of the building and it'll look like it always was
there. We also have a conceptual approval from the water department for our stormwater management
but that was important to show. Other perspectives of the school with the addition in the fenced
and green area. Some, again, perspective photographs. This is looking north to south,
the main entrance of the school. We're not taking any parking spots away. We're actually adding
four to five spots. And then this area here is going to be a canopy so that when people come
to the building, they need to walk maybe from the front of the building around to the side where
the addition is. It'll be a covered area to protect them from the elements.
These are just some internal drawings, and this is the rest of my package, the deed,
the notification, the tax certification, our application for appeal, and the zoning map,
and I'll just blow that up real quick.
you can see how the solar area is is zoned i2 and this is special purpose area you can summarize
mr clinton yeah uh can tanya or miss dandy unmute uh mr pearsall and i'll ask him if he can
adopt my testimony yes he just had to raise his hand
he's available to be sworn in mr chair thank you good afternoon sir please identify yourself
for the record spell your name and i'll swear you in good afternoon my name is chuck pearsall
c -h -u -c -k pearsall p -e -a -r -s -a -l -l
Mr. Pearson to tell the truth the whole truth nothing but the truth. I do sir. Thank you please
proceed. And Mr. Pearson are you the president of the Friends of Prep Charter? Yeah the Friends of
Prep Charter the non -profit yes. Thank you and have you been on this call during the time I
presented the project? Yes. And if you had the opportunity to testify would you adopt my
testimony as your own and as true and correct? Completely true and correct. Thank you Mr. Pearson.
Thank you. Anyone else, Henry?
No, I think that's good for today.
Unless you want to hear from Vince Mancini, the architect, who is on the call.
I think we're good. I'll ask the board if they need to have any questions.
Thank you. Is there anyone else who would like to testify in this case?
If so, please raise your hand.
I have a Mr. Littlepage.
Good afternoon, Mr. Littlepage.
Please identify yourself with the record.
Good afternoon. Good afternoon, Chair. This is my name is Albert Littlepage. I'm the president of Point Breeze Community Development Coalition. My address is 1801 South 17th Street, Philadelphia, Pennsylvania, 19145.
Thank you. And you swear and affirm to tell the truth, the whole truth, nothing but the truth.
That is correct, Chairman.
Thank you. Please proceed.
I only just wanted to state for the record that we support this project 100%, but I also wanted to state to Mr. Clinton that in the proviso, we made a mistake and didn't add one thing, and that was the potential use of the community room.
I just wanted to make sure that that was mentioned for the record as we move forward.
That's a side agreement that you'll have to make with Mr. Clinton.
It's not a zoning matter, Mr. Littlepage.
That's correct.
I just wanted to make it correct.
Thank you.
all right so noted right anyone else would like to testify in this case
no hands at this time chair thank you planning commission
uh good afternoon chairman members of the board ian litwin planning commission staff
This parcel is currently split zoned. In addition, the comprehensive plan recommends this parcel be zoned ICMX, which would allow for educational uses by right. Accordingly, we support granting the variance.
uh this parcel is currently split zoned in addition the comprehensive plan recommend
Thank you. MI 2020 -001847, 1928 Point Breeze Avenue. My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you. Good luck. MI 2020 -001874, 1910 Pine Street.
I have nobody hand raised at this time.
I'm sorry. Vito Canuso, are you here?
all right mi2020 -0018741910 pine street is continued um mr chair yes may um i say that
mr canuso did submit all the exhibits for this appeal all right why don't we do this we'll hold
this we have a few more cases yeah i just saw him i don't know where he went and we worked very hard
to get this case on so if we could give him a couple minutes that would be great yeah i'll
move forward with the next case when he gets on you'll let us know thank you chair thank you mi
2020 -001848 -1801 -North -6th -street.
I believe this might be the...
That's actually me.
This is the one Ms. Amazon spoke to earlier.
yes uh good afternoon we didn't swear you in earlier so please uh give us your full name
spell it and i'll swear you win of course good afternoon chairman and members of the board my
name is clementa amazon c -l -e -m -e -n -t -a last name is a -m -a -z -a -n do you swear and affirm to tell
the truth the whole truth nothing but the truth yes i do you're the attorney of record on this
case correct i am thank you agree to waive the reading of the refusal and stipulate to its
accuracy yes i do and have you emailed an exhibit packet with the required documents including proof
of ownership tax compliance a copy of the refusal or referral photos and or plans of the property
five days in advance of this hearing and have you met with the rco and do you have a letter
Yes, I have.
Thank you. You may proceed.
Thank you. I'll just share my screen.
Can everyone see that?
That was a yes.
That was a yes.
A resounding yes.
Well, before you have a packet of materials, again, my name is Clemente Amazon, and I am presenting 1801 North 6th Street.
So here I have the deed, the certificate of tax compliance, and the notice of refusal.
So for this project, we are seeking to do a three -unit building, and it is currently zoned a single family.
so we do not have any dimensional requests. It is purely for the three units that we're
requesting for this RSA 5 property. And this is not uncommon for this area. As I mentioned,
we're 1801 North 6th Street, but this variance has been granted for 1803 North 6th Street,
1805 North 6th Street, 1839, 1841, 1843, as well as 1845 and 1847. So our request isn't uncommon
and has been granted in the past here i have the application for appeal
again the notice of refusal we're simply asking to do a three -unit building and it is currently
zoned a single family so our lot is right here we are a corner property typically corner properties
are multi -unit so it wouldn't be uncommon for this to be zoned as such
google map for the area so we're on north 6th street and on the corner of west montgomery ave
with moore street in the rear of the property
so here's a view of the property from the front from west montgomery from moore street
to the left as well as the right of the property
and the left and right of the property from West Montgomery Avenue, as well as Moore Street.
and the left and right of the property from west montgomery avenue as well as moore street
And here we have our plans. We spoke to the community and requested that we include more brick, which we were sure to include.
And so it goes from top to bottom of the property. Again, this is a corner property.
So we're looking to have three units included within this property.
And here are the floor plans that lay out the units as well.
and we received a letter of support from the RCL as well as letter of non -opposition
from the councilwoman so here's our letter of support from ACNA
and our letter of non -opposition from the councilwoman
and here's the notice we were notified that we had to send the notice out to 81 properties
our certificate of mailing and all the properties that we sent out our notice to
So with that, I'd love to answer any questions that the board may have.
Thank you.
Questions from the board?
Anyone else would like to testify in this case?
If so, please raise your hand.
I have one hand, but I'm not sure if it's pertaining to this case.
Well, let's put that person on.
I do have my client on the line, so that may very well be him.
no it's miss sulliman
find out if she's calling that was from the prior case
oh okay thank you
and your client hasn't raised his hand
but no um handshare okay miss amazon yes what as an officer of the court
will stipulate that your client would be adopting your testimony thank you very much thank you and
having said that planning commission
good afternoon chairman members of the board ian litwin planning commission staff
this property is indicated for single family residential use on the comprehensive plan
considering that this is a corner property and the number of variances granted for similar uses
in the area we do not oppose granting the variance for multiple units thank you mi 2020 -001
848 -1801 north 6th street my vote is yes
my vote is yes yes my vote is yes thank you uh have we located mr canuso yet
hi chair i'm on the line with mr canuso now and he said um the case was heard two weeks ago
so we can mark this off the list okay thank you so i don't need to read that in right
it's already been heard correct yes thank you all right um mi 2020
20 -001 -844 -1538 -Frankford Avenue, 1538 -Frankford Avenue.
Mr. Chairman, this is Henry Clinton for this case, but I'm going to have to ask for continuance.
We were negotiating certain items for this case up until 15 minutes before 2 o 'clock.
And I think in the interest of all participants, we're going to ask for a continuance,
and we're going to go back and meet with Fishtown Neighbors Association.
So I did not know that at the outset, so I apologize for not asking for a continuance then.
No worries.
MI2020 -001844, 1538 Frankfurt Avenue is continued.
is there a chance that we could get a date in in mid mid december
no sorry mr clinton everything is booked up to january we have two weeks off at the end of
december okay so we can work offline i'll try to get you in as soon as possible i know you will
thank you you're welcome okay thank you mi2020 -001822 1611 south 29th street
mr chairman that's me again okay this is mr clinton day you're under still under oath just
identify yourself and we'll proceed uh good morning mr chair members of the board henry clinton
1313 South 33rd Street.
Code off your PA,
19146.
You're still under oath, so please proceed.
This is 1611 South 29th Street?
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
And have you emailed an exhibit packet with the required documents, including proof of ownership, tax compliance, copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, I have.
Thank you. You may proceed.
Ms. Sunkit, can I share my screen?
Yes, sir, you can.
And is this visible?
everyone? Yes. Yes. I'm here on behalf of 1611 South 29th Street Project. The LLC is 1300 South
33rd. The principal is on the call. His name is Cormac McAleer, capital M -C -A -L -E -E -R. This is my
table of contents, which contains exhibits AA through A10. Appearance statement. This is the
refusal. This is a very unique zoning district. We don't see it very often. It's CA1. It basically
means car oriented. And this property, and I'll show you an aerial photograph, is a current
auto body shop that's closed within the last year, year and a half. So the refusal is concerned
dimensional. If you are in a CA1 zoning district, 60 % of your lot has to be building and 40 % has
to be open space and the proposal here is to build 10 single -family homes and single -family
residences in the CA1 zoning district are not permitted. We did meet with Grace Ferry Community
Council and they were very kind to fit us in on November 12th and they have voted in support of
this application. And the board may remember, I, yesterday, there was a presentation for 21 homes
here on Casper Street and along Dover Street and over here. And I actually came on the call
and asked, asked Steve Bertel whether or not there was going to be an alley behind this building.
And he answered yes. So this is, this is a little bit more of the same. This is an existing
Pete's Auto Body. That's what it's known as in the neighborhood. It's been closed for about a
year and a half. This is 60 % of the lot. There's 40 % of the lot. That's what CA1 stands for. Back
in the day, there used to be an Acme market actually here with parking in the rear. So the
proposal is to demolish this building and to build 10 single -family homes across the street from
Lanier Park. This is a dated photograph. Right now, there is a beautiful dog park as well as
walking trails and playground equipment in Lanier Park.
It's really been transformed from what it was many years ago.
The plans, let me just go back,
I want to show the board something.
So what I wanted to point out is this being a garage,
there were a number of curb cuts here, here and here,
and this used to be a laundromat but there's existing curb cuts in there and that's important
because part of this project is going to is going to use curb cuts although in a relocated setting
for garages so the plan is to have 10 single family homes here
with ample yards no issues with height or open space and relocation of the curb cuts one was
here and one was here to the end point. So the project will be bookended by garages, two here
and two here with no garages in the middle. Just thought a blend of some garages and some
single family homes would be welcomed by the community. And it was. This is just elevation
showing you what the property will look like for the project rather, mainly brick on the front,
some metal panels, and each will have a rooftop deck.
They'll be looking, they'll actually have pretty good sights to Center City this way,
as well as across the street to the new park.
These are the floor plans, basement plan, garage, living, dining.
We have living in the front, again, facing the park,
master bedroom and another bedroom on the third floor.
And then we also have the floor plans for those homes without garage.
just an open cellar area with a half bath. Again, the living area in the front.
just an open cellar area with a half bath again the living area in the front and three bedrooms
with a roof deck the rest of my package contains is the standard information the deed tax certification
our application for appeal and the zoning map and i'll just show the board even though you
You heard some of this yesterday with Steve and his project.
Again, this is all CA1.
The comprehensive plan, I believe, is suggesting that this area be rezoned, RSA5, and we're
in conformity with that.
We think that the continued use of an auto body shop there is not a good idea directly
across the street from the park.
So with that, I rest.
I ask that my exhibits be admitted.
And if we can unmute Mr. McAleer, I'll ask him if he'll adopt my testimony and take any questions from the board.
Mr. McAleer, are you available?
He hasn't raised his hand.
all right mr clinton uh as an officer to court will stipulate that your client
i do have a phone number ended in 4341 that's it that's it mr andy sorry
mr where yes hi good afternoon please identify yourself with the records by your last name
Cormac McAleer, M -C, capital A -L -E -E -R
We're in a firm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Thank you, Mr. Clinton.
Mr. McAleer, have you been on the entire call when I presented this project?
And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?
Yes, sir.
Thank you, Mr. McAleer.
Thank you. Any questions from the board?
Anyone else would like to testify in this case? If so, please raise your hand.
We'll hand it at this time, Chair.
Thank you. Planning Commission?
Good afternoon, Chairman, members of the board.
planning commission staff the comprehensive plan proposes that this parcel be remapped to rsa 5
residential single family attached the proposal aligns with this recommendation and therefore we
have no opposition to granting the variances thank you very much mi 2020 -001822 1611
on south 29th street my vote is yes my vote is yes my vote is yes my vote i believe that
concludes the two o 'clock list tanya is that correct yes chair that's correct all right
any unfinished business not that i have not that i have either i i haven't said this in a long time
I'll see everybody at 3 30. Gary. All right. See you at 3 30.
We are recording. Thank you. Good afternoon everyone. My name is Frankie Chico. I'm the
participating in today's hearing along with our Vice Chair, Ms. Carol Tenere, Board Secretary,
I'm sorry, Board Members, Mr. Thomas Holloman and Mr. James Snell. Board Administrator Ms. Tanya
Sunkett and Board Attorney Ms. Sharon Saleta are also in attendance. For those of you who have not
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, for the benefit of anyone participating by phone, we ask that attorneys
and witnesses identify themselves prior to speaking or testify. Third, we'd like to advise
everyone that this proceeding is being recorded and that by participating you acknowledge your
agreement to be recorded. Fourth, 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,
for anyone participating by phone, if you wish to testify, you must raise your hand by hitting
You must raise your hand by hitting star 9 and then star 6 to unmute yourself.
star nine and then star six to unmute yourself.
Finally, to make 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 with that said we can begin but before our vice chair
miss carol tenere calls our first case we'd like to ask if there's anyone who's requesting a
continuance or withdrawal for the 3 .30 session this afternoon. In the meantime, I will read off
a couple of cases that we've already been requested to continue. Number two on our list,
MI 2020 -000214, 1825 East Pacific Street. Also, 180, I'm sorry, MI220,
excuse me again mi 2020 -001216 8104 castor avenue if the attorney or the applicant is present and
you disagree with the request for continuance please raise your hand and in addition anyone
who is requesting a continuance or withdrawal please raise your hand at this time
we have a mr polly i'm sorry i can't hear you steve pollock mr pollock good good afternoon
chairman members of the board i don't know if you can hear me yes we can please identify for
the record spell your name and i'll swear you in all right uh steven g pollock p -o -l -l -o -c -k
I am requesting a continuance for 6130 West Pass Yonk Avenue.
I swear and affirm to tell the truth, the whole truth, nothing but the truth.
I do, Mr. Chairman.
Okay, there's a request to continue 6130 West Pass Yonk Avenue.
Is there anyone who has any?
Hello?
Yeah, we just, we haven't had time to arrange a Civic Association RCO meeting.
I know Councilwoman Gauthier has also sent a letter requesting a continuance, so we're in full agreement.
We just hope that we could get a date sometime in January, hopefully, for this.
Okay, we're just asking if there's anyone else, anyone objects to this request for a continuance.
No objection?
No, he was.
I'm sorry?
No, he was.
MI 2020 -001651 -6130 West Pass Yonk Avenue is continued.
All right.
Thank you, Mr. Chairman.
Any other requests?
Have a great day, everybody.
You do likewise.
Stay safe.
You too.
Wash your hands.
All the time.
We have some folks.
Mr. Folks?
Chairman DiCicco.
That's right.
Please identify yourself.
And you have already been sworn in.
Yes, sir. My name is Sloan Folks, Office of Councilwoman Maria Quinonez Sanchez, room 508 City Hall.
We are requesting a continuance for meeting number MI -2020 -00028.
I'm sorry. No, no. I'm sorry. MI -2020 -0012242740C Street.
um we don't have a record of a community meeting uh or letter from the rco thank you
um we do have a request from the applicant's attorney to continue this case very good thank
you if she is in attendance it starts breaking up sharon hello
Sharon you're muted I'm sorry I guess I'm sorry it was um the attorney is Dorothy Hamill I believe
she was in attendance earlier maybe just to confirm that it was continued oh yeah I kicked
her out because she came into the panelists list um so I don't know if she was able to get back on
because I kicked her out she will not be able to access again so I don't know if you want to reach
out to her sharon oh that's right she did request continuance she probably cares only
all right okay all right mi 2020 -001224 2740 c street is continued any other requests
Any other requests?
No more hands, Chair.
Thank you.
We'll go to case number one, MI 2020 -001218, 1832 North 22nd Street.
this isn't jen is coming in as a panelist
good afternoon mr jen
when you get on just identify yourself you're still under oath from earlier today
good afternoon um i am if i may just have a few more minutes
I am about to set up my system, and unfortunately, I was caught on the road a little bit.
If the board would move my case back slightly, I will be ready in about five minutes.
Okay, we'll move your case back.
We'll go to the next case, number three on our list, MI 2020 -001217, 2004 Pemberton Street.
mr chairman that's me okay mr clinton uh please identify yourself you're still under oath
thank you uh good afternoon mr chairman members of the board henry clinton 1313 south 33rd street
philadelphia pa 19146 do you agree to wait with reading of the refusal and stipulate to its
accuracy mr clinton i do and have you emailed an exhibit packet with the required documents
including proof of ownership proof of tax compliance a copy of the refusal or 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 to all of you above thank you you may proceed
Ms. Sunkit, may I share my screen?
Yes, you can, sir.
I think I should start at the beginning.
This is the calendar number, today's date, hearing.
These are the table of contents, AA through A10.
On the line with me is Philip Conway, who is the principal of PLR Investments, LLC, and he'll be
able to adopt my testimony at the end of the presentation. Entry of appearance, refusal.
This refusal, two refusals, this proposal is for a single -family home in the middle of the block,
toward the end of the block but in the middle of a group of row homes and typically when the board
knows when you build a single family home three stories in between two stories that the third
floor has to be set back. This is in the graduate hospital area and typically the graduate hospital
community group which is SOSNA prefers that the third floor be a mansert roof with two dormers
and that's what this project is. The only other issue concerns the rear yard open space required
with five percentage points off. I can explain that to you when you see photographs of some
of the other rear yards on that particular block. We did meet with Sazna and we do have a letter of
support. This is their explanation as to the property. It's 60 by 50 and we will have a
basement. There's an existing basement there. This was the final tally or vote, basically nine in
favor, none against, and they're taking the position of support. The one thing they did ask
us to do, well, they'd asked us to do a lot of things which we agreed to, but one of which was
that when we build this structure, Mr. Conway builds this structure, that the cornice lines
from either of the two -story homes
on either side of our project
that they all line up.
And you can see that I signed that
on behalf of Mr. Conway
and we will abide by that suggestion.
These are photographs
giving the board some perspective.
This is the property right here.
You can see it's a mix
of three -story and two -story.
And some of the two -story
were put up years ago
before Sazna suggested
that the third floor be or be kind of can it back with a mansert roof.
Another just shot overhead just again just show you show you the rear yards.
Some of the rear yards are deeper than others. This house here at 2002.
Some of the rear yards are deeper than others. This house here at 2002 actually goes back this far,
and then there's another extension over here, which I'll show you in one of the other photographs
that I took. So this is looking east. This property here is 2002. This is our property,
2004. You can see where 2002 actually has half the width of the yard, another extension brick
with a roof rooftop on it leading almost back to the rear fence and an alleyway.
These are just some other homes on the block showing you that a number of homes are built
straight up without any setback and that they were built prior to the change in the code.
This is the rear yard again just giving you another perspective. Here's another home on
the same block under construction and they're doing basically what we're doing. We're going
to have a mansert roof with two dormers, but we will be continuing the cornice line as suggested
by SOSDA. This is the property itself. You may ask the question, why are you going to knock the
property down and demolish it? Well, because there's three star bolts right now between the
first and second floor actually holding the brick facade in. There's also some giving way of the
front steps. And if you look closely at the windows, the windows are peeling away from the
brick in some areas. We do have a proviso form with one page to be revised if the board looks
kindly upon this application. These are the plans. Here's the property, two -story on either side.
We're carrying the roof line over. We have some metal going on an angle. If you look at the side
view of the property, you can see that it goes up slightly and the dormers are projecting out
from the mansert roof. There's a railing for sight line for people on the other side of the
block so they can still maintain their views of center city. And here's the pilot house.
We have no issues with height. We're well within that requirement of the code.
This is the floor plan. Basement basically is open.
Living kitchen on the first floor, second floor, two bedrooms, third floor master,
bathroom in the back with a rooftop deck set back appropriately.
Again, just to give you a perspective of what this mansion will look like,
comes up on an angle with the dormer's projecting outmark.
Sazna asks us to do a number of things.
Some exterior lighting just showing down.
Cornish line, they also ask us to carry
some of the siding on the side,
which we've agreed to do.
The rest are perfunctory documents,
our deed, our tax certification,
our appeal, as well as our
program information form, and this is just a copy of the zoning for that area.
We also have our letters indicating that we did provide notice to all the neighbors of both
the community meeting as well as this meeting. Mr. Chairman, I'd like to ask Mr. Conway if he
can adopt my testimony, and Ms. Dandy, if you can unmute Mr. Conway.
yes he just needs to raise his hand
good afternoon sir please identify yourself with the record spell your name
so philip conway it's i -l -i -p last name conway c -o -n -w -a -y
do you swear and affirm to tell the truth the whole truth nothing but the truth
yes I do good afternoon Mr. Conway how are you good afternoon Hank how are you good good you
were on the call when I went to the project that you intend to build at 2004 Pemberton Street yes
I was and did you hear my testimony yes I did and if you had the opportunity to testify would you
adopt it as your own and as true and correct yes I would thank you Mr. Conway appreciate it
thank you with any questions from the board no no anyone else would like to testify in this case
if so please raise your hand no hands at this time chair thank you planning commission
good afternoon chairman de chico and members of the board
i'm sorry hold on greg uh okay try that again and spell your last name please
hi my name is gregory waltman i'm staff from the planning commission
my last name is spelled w a l d
my last name is spelled w -a -l -d -m -a -n we're in firm to tell the truth the whole truth nothing
but the truth i do thank you please proceed um this property is indicated for residential single
family on the city's comprehensive plan but we have no objection uh to the variance from the uh
for the third floor setback we believe that the applicant has not demonstrated hardship
for relief from the required open space accordingly we recommend that the requested variance not be
granted we're only off what five five five percent was it henry yes mr chairman all right thank you
mi 2020 -001217 2004 pemberton street my vote is yes with proviso revised plan one page approved
today? My vote is yes with Proviso. Yes with Proviso. Yes with Proviso. Thank you. Members of
the board have a great day. Thank you. Is Mr. Jinn available yet? If not we'll go to the next case.
let's go to the number five on our list mi 2020 -001291 418 east allen's lane
oh mr jen you're here yes sorry so you're ready i am all right i apologize everyone
I'm going to go back to Mr. Jin's case.
Thank you.
MI 2020 -001218, 1832 North 22nd Street.
Please identify yourself with a record.
I believe you're still on their oath, and proceed.
Thank you.
Good afternoon.
Zin Jin, Z -H -E -N -J -I -N, 1617 John F. Kennedy Boulevard, Suite 1838.
Philadelphia PA 19106 here on behalf of the applicant.
Mr. Jin, do you agree to waive and step?
And have you also emailed an exhibit packet with proof of ownership, tax compliance, copy of the refusal, referral, photos, plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
We did, and I do have a letter.
Thank you. You may proceed.
Thank you. Good afternoon. I would like to share with the board the evidence for this particular matter.
This is an application we have submitted. Refusal, the community letter from 32nd
Democratic Ward, photographs, plans, tax clearance deed, as well as the application packet with the
project information sheet and the hearing notice. This application is refused for various reasons.
This is a RSA -5 zoned district. However, it is an application for a six -family dwelling,
and I will go into the details of why we're applying for that number of uses. There's also
a height refusal open area and rear yard, all which is better explained when we look at the
area and also the plants. I do want to point out that we have met with the RCO and the neighbors
and obtained non -opposition in this case, partly because this property, and I'm going to
put the plans up first, this property is located on a block of North 22nd Street,
where predominantly are large lots with currently being used by existing buildings also for the most
part as multifamily dwellings. This particular property's size and height and prior use
are actually similar to what we are asking for before the board. This used to be at one point
a six -family dwelling legally. It's a vacant lot at this time. What we're proposing is, again,
a six -family dwelling setup, but when you look at the floor plans, it's actually set up in a way that
a lot of the normal concerns of six -family dwellings are actually addressed by the design.
one matter is that we actually have a pass -through design for the first floor
so that all units share a central stairwell and both all units also share both an entrance
and exit to the back the units themselves are divided up as first floor basement by levels
second floor apartment smaller apartment and then third third floor and a mezzanineum unit on that
leads to a deck on the upper floor and that mezzanineum is actually what triggers the height
refusal in this case because if you look at the elevation plan which I'm going to zoom into
if you look at the elevation plan, which I'm going to zoom into,
you can better see the actual part of the building that would exceed the height
restriction is not the building's facade or the roof for the most part, it's the mezzanineum
section on the top, but they're actually centralized into the middle of the building,
so they're not seeing from the street the only request the community feedback asked for is that
if we're going to have a roof deck that we would set it back 10 feet on each end which my client
does agree with and we would ask that be if the board is inclined to approve this that would we
would ask that to be a proviso included in any approval that roof deck would be set back 10 foot
from the front and rear of the building. Again, the property itself historically was used as a
six -family. We have other multi -families also mostly on this block. There are, I believe,
one or two single -family houses. They're relatively smaller than this proposal, but
they're also large apartment buildings. And what I'll do is I'll use the photograph to better
show that. This is the actual lot in question here.
These buildings across the street are multifamily. These here are also multifamily.
There is one single family house I'm aware of down this end of the block, but pretty much across the
street behind us is actually an RM1 district. So those are multifamily. And for the most part,
everything around us is also multifamily. That is part of the reason the community was not opposed
to the proposal of the number of units we have. In addition,
these are relatively large lots. As you can see, these buildings all run very deep into the lots
and they're large buildings and that's part of the reason why they're almost all used as
multifamily buildings in on this block. These are the ones across the street as you can see
these are multifamily we know that the ones down this way particularly this one is also
an apartment building and again the neighbors were all notified we had a meeting and the general
feedback is not anything to do with the use but rather they just don't want the building to look
44 feet from the front. So the fact that it's centralized into the middle of the structure
and the roof deck railings are moved away from the edge is why we have received final non -opposition
from the community. I'll be happy to answer any additional questions from the board relating to
this application. Is the 10 -foot setback, the roof 10 -foot setback, does that reflect it in your plan
or is that going to be a proviso I would rather have it as a proviso it is reflected on this
elevation plan as you can see the railing is there's a 10 foot on each side for the deck
rating okay all right thank you any questions from the board no
anyone else like to testify in this case if so please raise your hand
i believe with us we have we have no hands here thank you uh planning commission
um good afternoon my name is greg waldman from the philosophy city planning commission
um this property is indicated for residential single family use on the city's comprehensive
of plan it was rezoned to residential single family in 2014 in accordance with the recommendation
from the lower north district plan while we believe that six units is an overuse for this
property we would not object to a variance for three units should be consistent with some
properties on the block thank you i would i would point out that in fact there are other
more than three unit buildings on the block
just for the board's consideration.
All right.
That is a lot.
MI 2020 -001218
1832 North 27.
Let me have a question before I go there.
Where's trash going to be stored?
So again, if I may share the...
That everybody has access to that, through that corridor?
Yes, everyone has access through the corridor.
The central stairwell allows access by all units to the hallway that runs all the way to the back.
What is the depth of that yard?
um seven feet it's seven foot seven foot depth and the width is about 20 feet for the uh property
Seven feet.
It's seven foot.
it's 19 foot 11 and a half so these these are large properties um the and the height of the
building again the height of the building itself is 38 feet the mezzanineum section in the middle
is the only part that goes above the 38 foot did you show me a photograph again of the adjacent
properties sure
my apologies it's scrolling no problem so this is one of the properties um we are you know the
height of that building um these i i'm not 100 sure the exact height i know this one here that
is about 35 feet so that one is about 38 in the front um the other not as sure of the actual height
And the top floors, are they two units? Are they a floor, the mezzanine floor?
The mezzanine floor is part of the top floor unit. So they're not a separate unit. They're all front and back units.
Okay. All right. MI, thank you. MI 2020 -001218, 1832 North 22nd Street. My vote is yes. Maximum number of units, four.
yes with proviso yes with proviso yes with proviso um excuse me this is sharon's letter
was there another proviso related to the setback at the if they only go four foot then that that
goes away doesn't it i don't know mr jinn is that the case i'm not sure if if the four units
if these units for example are combined i'm not sure how the layout would be affected
the the deck the deck setback was requested only as a community request because they even if we
have a roof deck otherwise i think they're not they're not objecting to that they just wanted
a front setback away from the edge so if the board would just put that as a proviso roof deck
to be set back 10 foot from the front i think that would satisfy the community
okay and the proviso will the other proviso will be the roof back set back 10 foot 10 feet thank you
all right uh mi 2020 that's zero zero one two nine one four one eight east allen's lane
There is this is Sharon Saleta there's an unusual legal question in this case the property
is owned by two individuals who are trustees not they own it in their position as trustees
However, the trust is the beneficiaries or beneficiaries of the trust are the same two people. Because of that unusual circumstance, I think they might be able to proceed without an attorney. The architect submitted the application. He, of course, would not be able to present for them, but the two individuals, I think, should be allowed to go forward.
yeah thank you i mean um mr simonelli excuse me excuse me one minute you need to identify
yourself spell your last name for the record and then i'll swear you in okay uh my name is anthony
simonelli uh last name is spelled like simon s as in sam i m o n e l l i and your address
trustees that uh are the beneficiaries of the living trust that uh and your and your address
uh 418 east allen's lane philadelphia 19119 you're swearing a firm to tell the truth the
whole truth nothing but the truth yes they do thank you please proceed all right so what i
would like to do is uh share my screen um and uh take you through a short presentation that i put
together. Okay, this is a promotion to panelists, you just want to come out and come right back in.
You should be able to share your screen now. Okay, so there was a series of attachments in
email that went to everyone um this was uh sent uh last thursday and it includes all the
And it includes all the requirements, a copy of the deed.
requirements uh a copy of the deed we're unable
We're unable to see.
Oh, okay.
Maybe they're coming up now.
All right.
We have your exhibits now.
Yes, we do.
Thank you.
So the.
I'm sorry.
No, we don't see.
You're going to have to click on your file, open it up, and then share your screen.
All we have is your file.
You see the folder, right?
So this is my file.
We see that.
Okay, so my wife and I bought the house at the end of last year, and without any knowledge of the requirements to put in place or pursue a permit for the construction of a deck, we went ahead with construction that was halted when the COVID restrictions went into place.
And what we wanted to show you was the process that we followed in good faith since then.
So we put together a building permit application and a zoning application.
The zoning application was refused for two requirements.
We went through the RCO, the East Mount Airy Neighbors, E -Man is the RCO, and they held
a meeting on October 7th.
At that meeting, we had two participants from the E -Man board vote in favor with six
abstaining.
So we got a non -objection to the deck proposal.
At the time, we did not have any input from our near neighbors regarding the deck proposal.
So we reached out to them subsequent to the meeting, and I've included in the group of attachments emails that have come from our neighbors at 420 East Allens Lane, as well as 416 East Allens and 414 East Allens.
So that's in the material that was included in the email.
In this neighborhood, you'll see in this diagram, which is essentially a snap, a screen snap,
from the Atlas website. On the 400 block of East Allens Lane, as well as the block behind East
Allens, Wadsworth Avenue, there are about a dozen homes that have decks behind them,
and including our neighbor at 420.
And so we wanted to put in place the variance
and get the variance approved
so that we could have a deck behind our home as well.
So we sit where the blue arrow is,
which is pretty much squarely in the middle
of the 400 block of East Allens,
one block over from Mount Airy Avenue.
And it's important to note that on that block alone,
there are two decks already actually three decks already two up towards anderson uh as well as our
neighbors at 420. um so i have some photos that i can show as well mr simonell if you can get to
some of the photographs that would be i think helpful okay so included in the attachments are
of the photos that show the entrances to in photo number one, both our home on the right 418 East
Downs as well as 420. So this is the view from the street. You might expect the construction
on this block was done by the same builder. There are 20 homes that look identical. So our photo
number two shows our front door. And as you look past it into the side yard behind the bump out
where the front door is you can actually see the stairs from the deck at the neighbors at 420
East Allen. Their deck is actually shown in photo number three. If I scroll to the next page you can
see from the rear the steps that you go up to the side yard from the back which is where the drive
is you know leading up to the garage and the alleyway that extends behind it. So you'll see
from the picture uh number five uh both the neighbor's uh deck in the background as well as
the start of the deck that we um we began construction on again before we knew that
we had to go through a permit process i think we get that picture here no pun intended okay
photo shows you what we face from the rear of this house which is essentially a garage that
that belongs to 427 East Mount Airy.
So we set up a notification to all our neighbors
as required under the requirements.
And we didn't get any participation, any objections.
We got the three emails of support from our near neighbors.
One adjoining us at 416, as well as 427.
one adjoining us at 416, as well as 420, which is opposite our home, the one that you see the deck there for.
And so we're hoping that we can essentially complete the construction for a deck that, you know, by all rights looks pretty much identical to the one next to us.
The one next to us was built in 2012.
It has a permit in place that they received when they put in the construction.
This is the design for the deck next door at 420.
And on this next page that I'm going to, you'll see the design for our deck, which shows the side view with a slight step up to the elevated deck in the back,
as well as the view from the back
and an overview on the right here.
And so this is what we've put together
for this discussion.
We also have our engineer on the call,
Lunarella, who is of the Halo Engineering,
who put this together for us
for this purpose for the zoning.
Okay, thank you.
Questions from the board?
anyone else would like to testify in this case if so please raise your hand
no hands at this time chair thank you planning commission
good afternoon this is greg waldman city planning commission staff this property is indicated for
residential single family use on the city's comprehensive plan we do not believe the proposed
deck would have an adverse impact to the rest of the block. Accordingly, we have no objection
to the granting of the requested variance. Thank you. MI 2020, that's 001291.
One, excuse me, 418 East Allen's Lane. My vote is yes. My vote is yes. My vote is yes.
My vote is yes. Thank you. Any unfinished business for the 330 list?
tanya sharon i think we're good too can you hear the smile in my voice i can hear it i can hear it
i can feel the vibes all right so let me just say on behalf of the board i want to thank everybody
for all your hard work there's so many people i know who are behind the scenes that make these
case is possible for us to hear you go unrecognized but your work is is obviously appreciated so
thank you to everybody stay safe and have a happy and healthy thanksgiving thank you very much chair
thank you if i could just put on record um that we will not have hearings at all next week just
for all listening in thank you again thank you bye everyone thanksgiving thanks bye carol
it was so nice having you back
I missed you
I'm thrilled to be back
talk to you soon
I'm sorry
court reporter and DPZ Zoom
thank you both as well
thank you Tanya
bye bye
thank you too
court reporter did you need the list
the hearing list
no I should be okay
Okay, thanks.
I'll see you soon.
Thank you.
Okay, bye -bye.