front of the community and right back in front of the board. But just so you have a sense of what
we did show the community, single family homes. And again, we had no opposition to this application.
So my client is not here today. He is in the hospital with his wife. So I had let Hillary know that I wasn't sure if I needed any kind of documentation or if the board would allow me as an officer of the court to have my testimony included.
The officer of the court will gladly accept your testimony.
Questions from the board.
Yeah, just what.
okay okay uh what what sizes i couldn't tell from the uh from the uh plant but uh
about what size lots are these going to be 760. 760 each yes oh okay all right yeah 16 by 47 and a
half gotcha okay thank you yeah on the on the elevation it it it mentions an alley between two
of the units what is what is that yeah again these are um just proposed yeah i was trying to figure
out why but why they would be enough see on the right the elevation my understanding is for egress
purposes because there's no alleyway that runs in the middle of this block so for egress purposes
um that was just included okay so that would be a shared between the two lots that are well
shared between all the comment would be common access for all the properties i believe just for
the east herald street side um okay okay because there's no alleyway that runs to the rear of the
property. And obviously these will be single family homes. So there'll be front doors and
egress through the front of the property as well. Right. Right. That just, that, unless it's a shared
alley that I guess the width of the units become really narrow, right? Yes. As opposed to 16 feet
wide. Correct. These properties are all 16 feet in width. So that's typically what's permitted
in RSA 5 by rent. It's just the depth of these properties is shorter to meet the required 960.
Right. I'm just trying to figure out why the alley. But that doesn't show in your subdivision
plan. Correct. These are just proposed zoning plans, but they're not submitted to the city
because we wanted to deal with the lot line relocation first. But as you can see, this is
the stamped a lot line relocation plan and this just shows the division of the lots oh so this
was a previous alley is that because i'm seeing that on here too you know what i mean it looks
yeah it looks like it was a previous three-foot alleyway okay
but because it's all the properties all owned by one entity you can strike it it's yours
right exactly right okay that's exactly right all right yeah thanks
Right. Exactly. Right. That's exactly right. All right. Yeah. Thanks. That was it. Any other questions from the board?
Yes. Ms. Pritzker, can you confirm the depth of each of the new lots? It's really tiny, so I can't.
Yeah. Yeah. Is this better? It's a little bit. It looks like it's 47.
47 and a half okay 47 and a half and so i get i understand the the subdivision is there
a reason that this was subdivided into four lots instead of two um it would just be 32
feet wide by 47 it's just for single family homes and or be 16 by 114
team? I mean, I just think if you look at the makeup of the block, most of the lots are 700
square feet, 800 square feet. They're not this large. So it just would be kind of out of character
for what's already there and for it's only vacant lot on the block as well. So for new construction,
it would just be more out of character than providing what's in character now, which is
we're just trying to comply with what's already there in the middle of the block. I did have that
discussion as well if it was a corner i think maybe it would be a little bit more um would look
a little bit more normal if the lots were differently shaped but for the middle of a block
like this kind of wanted to fit in character with everything else um and i don't know if when i went
through the list before if i did it i know i talk fast so i didn't know if i went through that too
quickly but just wanted to provide you as well with the square footages of the adjacent lots
just so that you can see it's in character
or is in character with what is there as well.
Okay, thank you.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
No hands at this time, sir.
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no changing zoning
at this location from the existing single-family RSA-5. The lot areas resulting from the proposed
lot line adjustment would be 760 square feet. This is in keeping with other properties in the
block base, which have sizes of approximately 540 to 890 square feet. The Planning Commission
recommends that the Board grant the variance for minimum lot area. Thank you. MI 2024-005-576-269
19 to 21 East Huntington Street, I vote yes.
Michael Jones, my vote is yes.
Carol Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Iowa, my vote is yes.
Thank you.
Thank you, counsel.
Number six, MI 2024-005-579-9745R, East Roosevelt Boulevard.
David Tusty is the attorney for the owner.
There's a letter of support from the Northeast Community Civic Association.
There's a letter of non-oppositions from the council member's school.
Chad, they will be coming back in as a panel.
Thank you.
Good afternoon.
Council, could you please state your name as spelled for the courts?
David Shuddy, spelled T-S-H-U-D-Y.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client in a relationship to the property?
My client is Walmart Real Estate Business Trust, and it is the owner of the property.
Participulate to the reading of the refusal and agree with its accuracy?
And has all your paperwork been in five days prior?
Yes, and it was updated yesterday to include the support letter from the RCO and to include photographs that were requested by the board council.
Thank you very much. Please proceed with your presentation.
Good afternoon. I'm David Schutte with Chapman Pepper Hamilton Sanders LLP. We represent Walmart Real Estate Business Trust.
Just with me is Kelly Halstead. She is a lead counsel in Walmart's legal department.
We were before you in, I mean, in August on this same property.
And due to an administrative oversight, at that time, a variance was granted to allow for the auto care facility to be there.
But due to administrative oversight, we had neglected back in January when we first filed the application to include a request to also have the tire sales used.
The tire sales use permitted as well, which is in your ordinance, as I believe, auto equipment sales.
And so similarly, this property is already approved with a 147,000 square foot Walmart store with an auto care center that, again, was approved by you at the last meeting.
I just, since we're probably familiar with a lot of this, I'm just going to scroll down to share my screen if I can here and figure out how to do that.
And green button at the bottom.
Yep, I got that.
And that's right.
Yep, share.
Can you see it?
Okay. I'm just going to scroll down to a couple of photographs that we included in the application showing the location of the tire sales service area.
And the tire sales is generally done online where a customer will order tires online or tires in the store, and then they will be delivered to the store at a later time.
This is the display area within the store.
And then the tires, after they're ordered either from the store or online or then, that's showing somebody ordering tires, and then are then stored in the auto care area for pickup by the customer or for delivery by Walmart.
And the reason for this request is we need to obtain a business license permit, a tire sales business license permit from the city.
This property is located within the CA1 zoning district, but it's also located within the Far Northeast Overlay District.
While auto equipment sales is permitted in the CA1 zoning district as a special exception, it is not permitted in the Far Northeast Overlay District.
However, this property is part of a larger shopping center area that not all of it is located within the far northeast overlay district.
And included within the submission package, we included the special exception that was granted to, I believe, an auto zone nearby within the same shopping center that was granted a special exception for similar use.
And it is consistent with the commercial zoning area.
And it's also bounded to the north by an industrial district.
Counsel, you do no tire work there? You just sell tires?
Just the tire work that would be done is is as part of the auto care facility that has been that was approved by the board in August.
OK. OK. Yeah. That would be the only tire work that would be done.
And customers are not permitted to replace their tires in the parking lot or anything like that.
Rather, they pick up the tires and either take them to a different shop or replace them at home.
Do you want to bring your client on?
I will.
Kelly, are you there?
They have been allowed to speak.
Could you please state your name and spell for the court stenographer?
Kelly Halstead, K-E-L-L-Y, Halstead, H-A-L-S-T-E-A-D.
We're affirmed to tell the truth, the whole truth, and nothing but the truth.
Proceed, counsel.
Kelly, did you hear the presentation that I made to the board this afternoon?
I did.
Was everything that I said true and accurate and correct?
And would you adopt what I presented to the board as your testimony?
Do you have anything in addition to add?
I have no further questions.
Just from the board.
So let me make sure I understand this again.
Your customers order their tires either online or there at the Walmart.
Correct.
And then they pick them up and take them elsewhere to have them.
They either take them elsewhere to have them installed or they or they're put on the car at the.
uh installed or they or they're uh put on the car at the auto care facility at the walmart itself
which was approved by the board in august oh okay so according to the previous variant then yes
and put the tires on the car correct in the auto care center correct yes all right sorry for any
confusion on that all right questions questions or comments from our attorney
not at this time mr chair since your comments from the virtual audience
i do not see any further hands mr chair planning commission
amy board with the planning commission the comprehensive plan recommends a changing and
zoning at this location from the existing split zoning, commercial auto-oriented CA1
and the light industrial I1 to commercial auto-oriented CA2. Under the recommended zoning,
the proposed use would be allowed by Wright. Planning Commission recommends that the board
grant their experience for equipment and sales, equipment and supplies, sales, and rental.
Thank you. MI 2024-005-579-9745-R, East Roosevelt Boulevard, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Tywin, my vote is yes.
Thank you, counsel.
Thank you.
Okay. Number seven, MI 2024-005-586, 800 North 23rd Street. Henry Clinton is the attorney. There's a letter of unanimous support from the Fairmount Civic Association. An applicant also has a petition signed by 130 people.
Chair, they will be rejoining as a panel.
That's short.
yes mr chairman mr clinton could you state your name and spell for the court stenographer
sure my name is henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n you swear a firm to tell the
truth the whole truth and nothing but the truth i do um could you identify your client a relationship
their property? Sure. My client is Brandy Davis, B-R-A-N-D-I Davis, D-A-V-I-S. She's the principal
of PlaySchool, Inc. You stipulate to the reading of the referral and agree with its accuracy.
I do. Please start your presentation, sir.
Is that visible, Mr. Chairman?
It is.
All right.
Good afternoon again.
My name is Henry Clinton.
I'm here on behalf of the owner, Brandy Davis.
This is my presentation package containing Exhibits A1 through A10.
We are requesting a special exception for a child care center at the corner 23rd and
Brown.
and Ms. Brandy Davis is the owner
and also she's one of the two teachers at the school.
This is the refusal and as you correctly stated
at the outset, Mr. Chairman,
this is a referral, not a refusal.
So the threshold that we have to meet
is far less for approval for a referral
than is for a refusal.
And we were proposing a child care center
on the second floor of an existing structure
and no change to the previously approved club on the first floor.
So the child care center or daycare center for preschoolers is on the second floor of the Ukrainian club.
It's actually the Ukrainian League of Philadelphia.
It's been there for many decades.
We had a very well attended community meeting where the vote was 62 to 0 in favor of Miss Davis's daycare.
The outline of what was discussed at the meeting, basically we're right across the street from elementary school, which I'll show you aerial photographs of.
The existing structures on the second floor of the Ukrainian club, you can easily accommodate the less than 16 children, ages three to five, that are there Monday through Friday, nine to five.
These are the signatures of the neighbors that you mentioned at the outset, Mr. Chairman.
in support of this use.
Some photographs to give you a perspective.
So this is the Ukrainian League of Philadelphia Club.