right off of Cotman Ave. You can see in back that this is the residential and this area
has been renovated. So this is how it looks today. And as you can see, we have marked
next the zoning overlay map as Exhibit 8. This is where the property is located, which
is the RM2 residential only, but it's sandwiched between both commercial and industrial districts
and there are mixed uses in the surrounding area. Exhibit 9, we have a key plan just to
Exhibit 9, we have a key plan just to orient you.
orient you. This is the commercial.
This is the commercial space, that first floor that we saw, and this red area is what we
are proposing to put in as a LASH personal service use.
Next to it on the left is currently a personal service use, it's a skin aesthetics shop,
and that was previously approved with a variance in March of 2022.
And right to the right of it, there are two units that were approved for a daycare.
At the very end, there is the leasing office in this area that's in white.
We'll hopefully have another complimentary service going in soon.
We are here only for the LASH services personal use today.
Exhibit 10, we've included a business plan,
Again, just explaining a little bit about what is proposed for this particular location.
Just in brief, I'll highlight some of the features.
Laurel Lash has been involved in the lash industry since 2018.
Their primary focus is on high-end lash extension services, and they also provide ancillary
hair services, braids, extensions, and general styling, and they plan to expand to be able
to provide full hair care services and ancillary nail services secondary to the lash and hair.
This is an appointment only location. They're initially going to have two lash artists and
two hairstylists with a plan of growing to four lash artists and three hairstylists
with one nail technician in the next five years. The hours of operation are Tuesday through Friday
9 to 5 and Saturday from 8 to 3. There's a dumpster and established waste pickup area
that's already in place through the landlord and applicant. We've then attached after the
business plan as Exhibit 11, a historical permit that granted use for massage and chiropractic
services in July of 2008, just to show that this has been an ongoing use in this area
despite the residential only zoning then at 12 we've included our near near neighbor notice letter
and proof that this was served on all of the neighbors as well as lastly we did obtain an
rco support letter we met with the burholm community town watch and civic association
on july 21st 2022 and presented what was planned on going into this location and there was a
unanimous vote in support of this variance. Thank you. Why don't we have your testimony
adopted by your client? So as mentioned, I have David Waterman of Newtown Park Associates. If you
can raise your hand, David, for me. Mr. Waterman. Can everyone hear me now? Hi, yes. Could you state
your name and spell it please for the court reporter yes sir david waterman w-a-t-e-r-m-a-n
right do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do proceed counsel uh mr waterman can you um do you agree with everything that i just said
and incorporate the testimony that i just presented as your own
i do thank you questions from the board no mr chair no mr chairman questions or comments from
the virtual audience chair we have stevenson dunn okay sir could you state your name and spell
please for the court reporter? Hi, could you state your name and spell for the court reporter please?
Hello? Hi, could you state your name and spell for the court reporter? Stevenson Dunn,
that's spelled S-T-E-V-E-N-S-O-N, last name Dunn, D-U-N-N. Right, do you swear a firm to tell
the truth, the whole truth, nothing but the truth?
Proceed.
Hello?
Hi, Mr. Dunn, do you want to testify in this case?
What is that?
What am I testifying to?
I don't know, sir.
You put your hand up.
Okay, thank you, sir.
We're fine.
I see no other hands, Chair.
Planning Commission. Good afternoon, Chair and members of the Board. This is Greg Waldman
with the Planning Commission staff. The comprehensive plan recommends no change
The comprehensive plan recommends no change to the existing multifamily residential zoning at its location.
to the existing multi-family residential zoning.
There are existing non-conforming commercial and professional office spaces on the property.
The applicant seeks to replace one of the commercial spaces with another, thus not expanding the existing non-conformity.
The City Planning Commission recommends that the Board grant the use variance.
Thank you. MI 2022-003-194-800 Cotman Avenue. I vote yes.
Carol Tenere, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you.
We're going to go to number one.
MI 2022-003-192-2621-67, Frankfurt Avenue.
Catherine Mismer is the attorney.
we have a letter of non-opposition from councilman squilla a letter of support
from fishtown kensington area business association which is the affected rco
and we're waiting for an rco letter from east kensington neighbors
hi mr chair this is hillary um we did we got a recommendation of support from east kendington
neighborhood association we did not get a letter of explanation with it all right good thank you
Mm-hmm.
Counsel?
Good afternoon.
Catherine Missimer, that's M-I-S-S-I-M-E-R, 1835 Market Street, Philadelphia, Pennsylvania,
19103.
Right.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and relationship to the property?
2418 Apartments, LLC, is the owner of the property at 2621-67 Frankfurt Ave.
All right.
Thank you.
Our vice chair has a few questions.
hi do you agree to waive the reading of the refusal and stipulate to its accuracy
i do i'd just like to confirm that you have the amended refusal that was issued in september
versus the may refusal we do perfect then yes have you okay great have you emailed the exhibit
packet with 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 your CO and
do you have a letter? Yes to all of the above. Okay great you may proceed and begin to share
with your screen which is already up I say. Thank you. Thank you. Good afternoon as mentioned I'm
here on behalf of 2418 Apartments LLC the owner of the property at 2621 to 67 Frankfurt in East
Kensington. We're here today with a use application to convert previously approved art as an industrial
space to commercial space. It's in a mixed-use building. I have with me today owners rep Dean
Markey as well as our project architect Rustin Ohler. 2148 to 67 Frankfurt is the old Woods
Brothers site that you may be familiar with in East Kensington. It stretches from Frankfurt Ave
through to Amber Street in the rear near the intersection of Frankfurt and Lehigh. The building
itself completed the CDR process back at the end of 2019. Development included over 400 units with
below-grade parking related residential amenities as well as this ground floor and cellar artisan
industrial space. The community really embraced this project as a transformative opportunity to
bring that vibrant commercial corridor of Frankfort Ave to this end of the avenue.
There were prior presentations for this site that never made it off the ground, so there
was real support for what was considered a viable project here.
As mentioned, that process was completed through CDR at the end of 2019, and we all know what
happened in the beginning of 2020 when COVID hit.
So unfortunately, the pandemic paused this project as well as several others, and part
of the issue that this project is now facing is that the availability and marketability
of both commercial and industrial type spaces and the availability of financing for projects
including those spaces really changed in the post-pandemic market. The community has really
supported us and supports this current application. As you can see we have a letter from non-opposition
from councilman mark squilla's office this is our letter of support from east kensington neighborhood
association who is the coordinating rco in this matter we also have a letter of support from the
fishtown kensington area bid this project is seen as in compliance with their vision plan for the
neighborhood they really welcomed you know the discussion and expansion of this project
We also include several letters of support from near neighbors.
we also include several letters of support from near neighbors um there was
Those copies of all have been submitted as exhibits in our package.
This is a photo from the CDR package to sort of give you an example of how transformative
this project is. It's this large building in the center here. So it's a huge project and
the proposal is really to change that small ground floor area to a viable use. Following
completion of CDR and our design process, the ownership went out to seek financing. And the
problem with the pandemic was financing became harder and harder to obtain. A lot of the initial
conversations with lenders and investors alike were this artisan industrial use is not marketable,
it's not a viable tenant option, and we're not going to finance a building that includes it.
As a result, the ownership filed the current application, which seeks to broaden the pool of potential tenants for that ground floor space from just the artisan industrial users to a general commercial user that could really bring vibrancy and activity to this portion of Frankfurt Ave.
The use change, however, does create a technical variance. And as I'm speaking, I'm going to scroll
through just so you can familiarize yourself with the site. The technical variance is really
dependent upon the issue. The site is known in IRMX. There's a code provision that permits
certain IRMX sites to exceed the allowable 60-foot height to 72 feet with the inclusion
of art as an industrial space like art as an industrial. The current project was designed
to incorporate that art as an industrial space and incorporate a 72-foot height which did allow for
that higher first floor space to give us more display opportunities, visibility on the sidewalk,
more glass frontage, that kind of thing. And it's a riddle original iteration we
did incorporate all of that space. Now we're proposing to change that use to
get a viable tenant in there and expand to allow for commercial tenants should
we run into an issue. I would note for the board's edification there's no plan
to change the building construction type so it would accommodate an artisan
industrial user in the future should one become available. However, the request today is just to
allow a broader use category, again, opening that up to allow for all commercial uses in this space
that are permitted in IRMX zoning. We've had candid conversations with the community about
this situation. We first met with the impacted RCOs and explained where we were in a financing
standpoint and what our options were. We then relayed that information at a public meeting
that ECNA was kind enough to coordinate for us. The support was overwhelming for the success of
this project. They wanted to see this completed. The vote at the meeting was 15 to 1 in favor.
We also agreed to meet with a committee of neighborhood stakeholders ongoing so that when
When we do have tenants, we get the input of the neighbors, and we agree to take that
into consideration.
This proposal is really a creative adaptation of the existing project, which hopefully,
by making this slight change, we will allow it to proceed and succeed in the future.
This is obviously the least minimal variance necessary.
We believe that this change will open up the financing that's been sort of out of reach
at the moment and really get construction off the ground.
This is consistent with the existing financial and commercial corridor along Frankfurt Ave,
and it would not be detrimental to the public based on our letters of support from both near
neighbors, the community, as well as the larger bid. At this time, I would just quickly ask
that my client, Mr. Dean Markey, be allowed to speak.
Mr. Markey, please unmute yourself and wait for the chair.
Hi, sir. Could you state your name and spell it, please, for the court reporter?
Dean Markey. It's a D-E-A-N-M as in Mary, A-R-C-H-I.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Dean, have you heard my testimony here today?
I have.
Would you agree that it's true and correct?
We have nothing further.
All right, questions from the board?
No, Mr. Chair.
And Mr. Chair.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Good afternoon, Chair and members of the Board.
Good afternoon, Chair and members of the board.
This is Greg Waldman from Planning Commission.
This is Greg Waldman from Planning Commission staff.
In 2016, the zoning map was amended from medium industrial to IRMX industrial residential mixed use at this location in accord with recommendations from the Comprehensive Plan.
At its meeting of January 5th, 2021, the Civic Design Review, which is Civic Design Review, the committee expressed concern that the ground floor artist studio spaces,
which were used by the applicant to satisfy the industrial use requirement needed to receive an
additional 12 feet in height would be eventually converted to non-industrial uses after the
original zoning permit was filed. The applicant now seeks a zoning variance to change from the
approved industrial use to a commercial one while maintaining the additional 12 feet in height that
would not have been earned with the now proposed commercial use accordingly the planning commission
staff recommend that the board deny the requested variance mi 2022 003 192 2621 to 67 frankfort
avenue i vote yes with the filing provisos commercial use on basement or first floor is
permitted in the IRMX zoning district. Use registration required prior to occupancy per
amended refusal dated 9-1-22. Carol Tineri, my vote is yes for Proviso.
Yes for Proviso. Thank you, Councilman. Thank you all.
Next case, number two, and I'll also put number four with it. Number two, MI 2022-003,
403-440-319
Gate Street, Parcel B