I'm looking I'm not sure it does
hold on
the deck is not subject to the refusal
though it is
so what the refusal says is that
the rear wall
is already non-conforming
because it doesn't include the
setback and that extension of
that wall which
the basis was for the roof deck so until we can see that the roof deck
is not touching that wall then they are related
okay I'll take a look can we can we see the elevation
yeah hold on maybe that could help
maybe that could help
there we go
so the roof deck access structure is in the rear
and the deck the decking starts in the rear and moves west
there's the roof deck access structure
and there's the deck but the refusal is pursuant to the second and third floor wall
that will be extended from the first floor wall
if i'm making any sense with that yes but that's where the roof deck is this these two one here
and one here this wall correct and it includes the barrier it includes the fall barrier for the
roof deck yes but even absent the roof deck we'd still have the variance correct yes yes
i hope i answered your question other questions from the board and i can i see the
next drawing there with the elevations the side elevations thank you that one yes okay
so again hard to see all right um
so the
all right
this is the addition back here yeah and this is why we're here
these two floors that's because this is already built out
this is the subject of the refusal right here am i putting my cursor on it yes okay
All right. Thank you. Other questions from the board?
Questions or comments from our attorney, Hillary Emerson?
Only that we did receive a letter in opposition from an adjacent neighbor. It does look like he's still here on the Zoom to present, but if he has to leave, I just wanted to know we did receive a letter in opposition from an adjacent neighbor.
All right. Questions or comments from the virtual audience?
Yes, Chair. I have a hand up by the name of Alexander Herman. He has been allowed to speak.
Mr. Herman, could you please state your name and spell for the court stenographer?
Sure. My name is Alexander Herman, A-L-E-X-A-N-D-E-R-H-E-R-M-N.
right you swear or affirm to tell the truth the whole truth nothing but the truth
yep mr herman are you a neighbor i am the adjacent neighbor on the right hand side if
you're facing the building 1335 south 9th street sure please proceed sir um so i did miss the
original i think earlier meeting for this uh property um i know serena we have each other's
phone number um there's unrelated stuff involving leaks that were poorly addressed but it's kind of
unrelated to this uh grievance that i have uh this characterization that like everything's hunky
dory with the neighbors seems to obvious uh conveniently occlude myself so you know i didn't
receive any contact from her about input about this or anything like that i was basically radio
silence about it so i think that speaks to the characterization of this and also like
honestly like i don't see why this is a hardship to not have this edition um it's literally going
to be right next to my yard it's going to be an invasion of definitely light and air regardless
of what this study that was shown shows and um like an invasion of my privacy of my use of my
yard honestly um and the building is already a three-story triplex with plenty of space to make
three units so i'm not going to belabor this point that's like my refusal and also just like
on the grounds of like sort of disingenuous presentation of oh everyone in the neighborhood
is in support why wasn't i asked whether i support it or not why wasn't i even asked for
or not why wasn't i even asked for my input as the direct adjacent neighbor and someone who has
my input as the direct adjacent neighbor and someone who has
literally like we have each other's phone number you know um i don't even want to get into the
issue of the property damage that was caused by that property which i did detail on my letter
that i sent to the board but i think that speaks to how this construction will be conducted and
Sir, let me ask you. Did you go to the RCO meeting?
I did not. I could not make it.
All right. Anything else you want to add?
No, that's really all I have. I don't want to take up too much people's time.
Do you have any questions?
I have no questions for Mr. Herman, but I do want to, for the record, make sure that it's clear.
Crystal. He was
mailed the notice
and as I already referenced
there is a very long history
contentious history between
the neighbors that have absolutely nothing to
do with the second and third floor
addition. Questions or comments from
anyone else in the virtual audience?
I see no hands
at this time, Chair. Planning Commission.
Board with the Planning Commission.
The comprehensive plan recommends no change to the RSI-5, residential single-family zoning at this location.
The proposed financial variance is consistent with documented conditions.
Therefore, the City Planning Commission recommends that the Board grant the requested variance for a re-eared setback.
Several other properties have the addition already, Mr. Chair.
That's why 37 immediate neighbors support it.
MI 2024, 001-167, 1333 South 9th Street, I vote no.
Cheryl Gaston, my vote is no.
Tanada Graham, my vote is no.
Tayewin, my vote is no.
Ishmael Shahid, my vote is no.
Thank you, counsel.
Thank you.
MI 2024-002-326-735 Sampson Street. Joseph Consul is the attorney.
It's a letter of non-opposition from Society Hills Civic Association and a letter of non-opposition from Council Member Squilla
and a letter of unanimous non-opposition of Washington Square West Civic Association.
Mr. Consul.
Good morning.
Hi, good morning.
Could you state your name and spell for the court stenographer?
Yeah, my name is Joseph Consul.
That's J-O-S-E-P-H-C-O-N-S-O-L-A.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client and relationship to the property?
My client is Mr. Barry Sable, and he's the owner.
Okay. Our life share has a few questions.
Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?
Yes. This morning I sent in proof that he had paid off his real estate taxes because that came up last night, but we're clear on that.
Thank you, counsel. Please proceed. You've already shared the screen.
All right. Good morning, board. Joseph Consul here for 735 Sansom Street.
Owner is Barry Sable. Property has its own CMX 5.
And the reason we're here is because while the first floor is compliant commercial space, the next two floors have one unit each.
And in CMX-5, you are not allowed to have either one or two units.
You can have more units than two, but not two.
So what we're asking for is approval to use the first floor as commercial and the second two floors, each as one apartment.
My client will testify that this property, to his knowledge, has been two units with one commercial space on the bottom for 35 years.
he's uh fixed them up and um with approval to today we'll be um submitting uh the the plans
further for the alterations permits that are required to get the co that will need to to
close all all of these out so the refusal to family household living is prohibited in cmx 5.
again this is a type of down zoning but the property itself is you know you'll see in a
second, but it's a small property. We went in front of Washington
Square Civic, non-opposed 11.
They told us they don't really ever go
support, so we felt like that was the best we were going to get.
Councilman's not against it non opposition from Society Hill Civic Association as well proof of our mailing because this is a, you know, in the middle of the diamond district, there's not a ton of properties.
Councilman's not against it, non-opposition from Society Hill Civic
Association as well.
So we only had to post or send out 86 pieces.
our letter, proof of posting. Here's the exterior. The first floor is a continuously functioning
diamond and jewelry store. It's right on that 700 block of Santham Street. I'm sure everyone's
familiar with it. We submitted interior photos to show everyone what the units look like.
The second floor of the property is two beds, two bedrooms.
The third floor is two bedrooms as well.
Here's the deed.
Showing that Mr. Barry Sable owns the property.
I already showed you those.
And we submitted the plans, like I said, that will be used for getting the CO.
Each one of these is two bed.
They're nice-sized properties, two bedrooms, living room, bathroom.
I believe that's the extent of it.
Good call.
Mr. Sable, do you want to adopt my testimony or answer any questions the board has?
Mr. Sable?
Barry Sable has been allowed to speak.
Mr. Sable, could you please state your name and spell for the court stenographer?
Barry, B-A-R-Y, S-A-B-L-E.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Proceed, counsel.
Good morning, Mr. Sable.
Did you hear my testimony just now regarding your property at 735 Sansom Street?
I did.
Do you have anything you'd like to add, or do you agree what I said and adopt it as your own?
No, I think you're accurate, sir.
Thank you, Barry.
You know, that that testimony, this has been like this for 35 years.
Mr. Council.
Barry, can you speak to the history of the residential units?
Excuse me, I didn't hear that question.
Oh, Barry, can you speak to the history of the residential units?
Yeah, there's been residential units there for since the existing.
this building is uh i booked this building in 1983 and other than cosmetic uh the layout and
everything else has been the same thank you questions from the board
questions or comments from our attorney hillier emerson
not at this time mr chair questions or comments from the virtual audience
i see no he's at this time chair leaning commission
amy boyd with the planning commission the conference of plan recommends no change to
the existing commercial mixed use cmx 5 zoning at this location there are unique physical
conditions or circumstances of this property that are consistent with the proposed use and
would prevent it from being used in conformance with the zoning code the city planning commission
recommends that the board grant their proposed experience for two-family household living.
Thank you. MI 2024-002-326-735 Samson Street, I vote yes.
Cheryl Gaston, my vote is yes. Sonata Graham, my vote is yes.
Thank you. Ishmael Shaheed, my vote is yes.
All right. Thank you. Thank you, counsel.
Number 13, MI 2024-002-354-4422 Locust Street.
Zen Jin is the attorney.
There's a letter of non-opposition from the Spruce Hill Community Association.
Zin Jin has been promoted to
Penalist. Good morning.
Good morning, Counsel. Could you please state your name
and spell for the court of stenography?
Yes. My name is Zin Jin,
Z-H-E-N.
Last name is J-I-N.
1617 John F. Kennedy
Boulevard, Suite 1838, Philadelphia
PA 19103 here on behalf of the
applicant. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the
truth? I do. Do you identify your client, the relationship to the property? Yes. My client's
Yes, my client's name is Hui Feng Xie. She's the owner of the property.
name is Hui Feng Xie. She's the owner of the property.
Vice Chair has a few questions for you, sir.
Good morning, counsel. Do you agree to read another refusal or stipulate to attack this?
Good morning, and I do waive and stipulate.
Thank you. Have you emailed them all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?