So, my vote is yes with proviso.
Mr. Nockamson, could you please stay on the air as we say?
on the air, as we say. So, number eight, MI 2024-000806-439-45 West Burke Street.
So, number eight, MI 2024.
Letter of support from NAR Square Community Alliance. Letter of non-opposition from
Council Member Lozada. Applicant also provided, submitted proviso form for MIN overlay,
check procedure with planning.
Form says four affordable units
while plans say five.
We need to hold this for an amended refusal.
It proposes in reductions of affordable units.
So let me address that first.
Well, why don't we do this first?
Why don't we say what your name is first,
just for the record.
Yes, Alan Nockmson.
Right, and then
who's your client in the relationship to the property? ACC Builders LLC. And our vice chair
has a few questions. Thank you. Counselor, do you agree to weigh the reading of the refusal
and stipulate to its accuracy? I do. Oh, well, no, actually I don't. I'm sorry. I don't actually.
One of the refusals is incorrect. So we're in the minimum income neighborhood overlay.
And one of the refusals talks about occupied area where 75% is required.
We're actually, we're allowed to have 85% under that overlay.
So we object to that refusal.
Understood.
Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?
Yes, other than this, we do have an email from City Planning regarding this proviso request for the amount of affordable units.
I did not include that in my packet, but I would like to include that as part of my presentation.
And, of course, I'll email it to the board administrator after this hearing.
Okay. All right. Thank you.
And I just wanted to jump in.
And Mr. Johnson, as you probably know, Mr. Goldberg and I were communicating earlier regarding this case.
And so we may need to go about things a little bit differently paperwork-wise and how they were submitted.
But I will work that out with Mr. Goldberg.
No, I appreciate it.
And that's why I didn't include that email because I want to address that because we try to be careful about things and not, you know, especially something, a unique issue like this.
we wanted to make sure that we had all of our ducks in order so hopefully we can have a vote
today obviously i defer to the board and council so yeah i don't yeah i was gonna say i don't i
don't think we can just because i'm not we may need revised plans instead of the form because
we can't stamp them in overlay form that is that is not something the zba does so and that was what
was submitted as the revised plan so we have to you know work we have we have to just figure out
what all can be done with that so we're gonna have to hold the vote today but we'll get it
sorted out quickly okay i i appreciate that all right may i share my screen
all right all right so this this is one of these projects you like you know you would be proud of
Like, you know, this is a really, really, really pretty design, you know, with mass architects.
And it's always this has been a challenge in this neighborhood and in this overlay.
Just as a matter of background, this overlay was created a few years ago where when you have more than 10 units as part of a project,
In fact, 20% of those units have to be affordable and affordable at 40% AMI. So it's always a challenge. But, you know, part of that overlay, they do give you incentives, such as, you know, for density, height, and even lot coverage.
But even with those incentives, it's still almost impossible to develop within this overlay.
So we're asking for a few reasonable variances, and we hope the board will allow that to make this an economically feasible project.
So first, we'll review the notice of refusal.
And then we did get a letter of support from the community group through the Norris Square Community Alliance, as well as a letter of non-opposition from the district council member.
Again, we reached out to city planning, and you'll see what the issue is, but we're asking for 18 units.
You know, we're asking for 18 units. So 20% of 18 is 3.6. You round up to four. None of us are good mathematicians. And so for whatever reason, our architect or the architecture team put down five units by accident. Only four is required in terms of affordable units.
So 20% of 18 is 3.6.
So when we noticed that slight error, we tried to address it, and we want to address it through these proceedings as well, where we're only seeking to provide for affordable units, what's allowed or required of us as a right.
So we did that by way of revised plans, you know, through consultation with the representative from city planning.
But if, you know, the board feels so inclined to hold the vote to make sure all of our eyes are dotted and teaser costs, of course, we'll do that.
And then, you know, what we're asking for in terms of density, because we're asking for two additional units, only 16 units are allowed as a variety.
We're asking for 18 units. That density has been approved of similar type nearby, and you'll see that in our presentation.
You'll see an aerial view of the property, maps of the area, photographs of the property that surround the area, our plans and drawings,
our RCO meeting notice for a well-attended meeting in front of the Norris Square Community Alliance,
Our application for appeal that we filed on behalf of ACC Builders, LLC, our deeds of property showing that my client owns a property and the Certificate of Tax Clearance. In the virtual audience is Sharif Mustafa, one of its representatives.
And again, this is CMX2 property. Based on the overlay, we're allowed to build 45 feet high. There's a technical refusal because of the pilot house of the size of the pilot house.
where they're counting the actual height of the pilot house as part of the height limitation.
So technically, we're at 55 feet and 55 and a half feet.
Really, we're at 46 and a half feet.
The pilot houses have been combined to a larger pilot house.
And that was a design choice by us by putting the pilot houses combined
because we need uh you know two pilot houses but we put them into one larger one and putting in the
middle of the roof um where it actually is more helpful in terms of light and air surrounding
properties uh and then again we're asking for 18 units where 16 units is allowed efforts as a right
um they the units fit well within the building it's economically it makes the project economically
feasible, and it's not out of character to the neighborhood in that this board has granted
similar variances in the past for density. And it's going to help support the commercial component
on the ground floor, where we have a commercial component of over 2,000 square feet.
So we did meet with the community earlier last month, and we received overwhelming support from
them. And then by way of that, we received a letter of non-opposition from Council Member
Lazada. And then this is our attempt to correct the issue with the amount of affordable units.
We signed, you know, my clients unintentionally signed an acknowledgement form for five affordable
units, where only four is required as of right. But we'll defer to the board of how to correct
that error. And then the nearby density, 1827 North 5th Street, as you can see, this board
granted 32 units nearby. And then 1906-12 North 6th Street, recently the board granted 26 units
nearby uh for density purposes and then the area view of the property so this is fifth street this
is berks and this is houston we're just one off the corner here this is germantown avenue by the
way which is a commercial corridor so that will help that can decrease density will help support
that commercial corridor and as you can see here uh here is a shopping center here as well to help
support that commercial corridor and then you can see here again there's a mix of zoning here
cmx2 rm1 um so again we're not and there is also more say five um but you know to help support the
commercial corridor here on germantown this is i believe cousins supermarket here so this is a
shopping center here trying to you know increase that density and more most importantly we're
Trying to, you know, increase that density.
And most importantly, we're putting a 2,000 square foot commercial unit on the ground floor.
putting a 2,000 square.
So that extra density above is definitely going to help, you know, hopefully that commercial unit.
And then photographs of the property.
This property has been a vacant lot for the longest period of time.
It remains as such.
this is our property from the rear of the property from west houston street here's the
notice posters showing how we posted the property this is westberg street to the right of the
property to the left of the property west houston street to the right of the property until after
the property and then our plans and drawings again four-story structure we just want an extra that we
need the extra foot and a half we're just trying to make it a more pronounced commercial unit with
that extra height here um hopefully that's going to make not only the building pop well and and
attractive to a commercial tenant but also help us support that you know commercial quarter with
with this extra use above as well.
And then in terms of functionality of the building,
we have a trash room in the building
that's accessed to all of the unit owners or occupants.
We met with the community on May 15th at 6 p.m.
110 addresses were notified of the meeting,
proof of mailing to those addresses,
or application for appeal
that we filed on behalf of ACC Builders,
and most importantly,
the deed showing that they own the property
and their certificate of tax clearance.
I'm going to un-share my screen temporarily
so my client can be sworn in.
Client's name?
I believe it's Mustafa.
Yep, Mustafa.
please raise your virtual hand and wait to be sworn in
good afternoon sir
i'm sorry but i'm in the uh virtual wait a minute wait a minute okay okay my bad they have been
my apologies here we are we can't please sir could you please state your name
and spell it for the court stenographer.
Sharif Mustafa, S-H-E-R-I-F-M-U-S-T-A-F-N.
Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth?
Proceed, Mr. Nockamson.
Yeah, Mr. Mustafa,
you heard everything I had to say today
about your zoning matter.
And is it true and correct?
And do you adopt it as your own testimony?
Thank you.
So, Alan, before I give it to the board, so it's commercial on the first floor, 18 units, four of which would be affordable.
Yes, that's correct, Mr. Chair.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
None at this time, Mr. Chair.
Questions or comments from the virtual audience?
I do not see any further hands, Mr. Chair.
Washington, comments from the Planning Commission.
I thought if this is to be held that you'd prefer a testimony later, but would you prefer it now?
Whatever you're comfortable with.
Well, let me jump in.
So we're not holding for a resumption hearing.
We're only holding just to clarify some paperwork.
So if you could give your testimony now, that would be great.
I can give it.
Thank you.
uh the comprehensive plan oh sorry met cavanaugh for planning commission um the comprehensive plan
recommends no change the existing commercial mixed use zoning at this location the proposed
variance for occupied area is minimal and does not conflict with the purpose and spirit of the
zoning code however however the appellant had the ability to receive the desired number of dwelling
units by providing an additional affordable unit and completing the mixed income housing bonus
process the city planning commission recommends the zoning board grant the variance for occupied
area, but deny the variances for height and unit count. Thank you. We will, Alan, we're going to
take the advice of our attorney and we'll hold this. Hillary, how long do you think we hold this?
We don't need to put a date on it, but I anticipate this will be resolved by next
week. I just need additional information from the Planning Commission. All right, great, great. All
right, Mr. Nockmson? That's great. I would just say hold the record open temporarily just in case
we have to make any supplemental submissions based on recommendations by council sure that's that's
based on recommendations by counsel? Sure. That's, that's fine. Yes. We'll just leave it
open. Anything related to the, the min overlay, there's any additional submissions, but otherwise
the record is closed. Thank you. Thank you. All right. Number 12, MI 2024-001-646-832 North
Broad Street. Olok Sokoloff is the attorney. There's a recommendation of support from the
The United Francisville Civic Association, 18 to 1, applicant also provided 31 form letters of support from residents, several from the eight and nine hundred blocks of Northbrook.
Mr. Sokolov, I swore you in once. Could you just state your name for the record?
Sure. Oleg Sokolov on behalf of the applicant and tenant Final Touch Barber Academy.
OK. And our vice chair has a few questions for you.
good afternoon council do you agree to wait to read another refusal or stipulate to its accuracy
good afternoon mr shaheed and yes i do thank you have you have you emailed in all the required
documents and exhibits that is needed uh to proceed with this case five days in advance of
this hearing i have thank you thank you council please proceed and share your screen
all right is everybody able to see that we do wonderful well good afternoon chair bergman
members of the board um as stated my name is oleg sokolov i'm here on 832 north broad street on
behalf of the tenant final touch barber academy um i will run through the our exhibit packet
quickly and go over exactly what final touch barber academy is and what they do and why that
has generated the issuance of this refusal. So, the refusal generated is due to one of the uses,
that being the personal services use, which is prohibited in the Center City Overlay District.
The reason that this sort of use is even necessary at this location is because Final
Touch Barber Academy is a barbershop academy school training barbers. However, they do offer
haircuts. However, they do not do so for any kind of fee. So there's no payment exchange for the
personal services aspect here. The students of the Barbershop Academy are training to become
barbers and therefore the Final Touch Barber Academy offers free haircuts to people in the
neighborhood, anyone that may want to come in to the homeless, to lower income, to basically anyone
that would want a free haircut. But the way that works out is that a lot of lower income residents