already been sworn sure hillary emerson on behalf of councilwoman cherelle parker
um and the councilwoman um is is not opposed to the temporary variance in this case
becoming permanent with the agreed upon proviso.
The language that I believe we agreed upon was personal service use
limited to barbershop and or hair salon in spaces B and C,
space A, the front to remain vacant,
use registration required prior to occupancy.
So the applicant sensed his original application in 2017
and expanded in the space and expanded the services,
which which is fine there has not been complaints but we want any further expansion to go through
the the community and the zoning board and we also appreciate the applicant removed some fabric
banners that have been put on the building and were kind of coming apart to make the building
look a bit nicer so we we appreciate that and the community is in support as well thank you
thank you any other comments from the virtual audience
see no further hands planning commission ron bednar city planning while this property is
currently indicated for residential use on the city plan given the physical
site's physical conditions and documented use history we have no objection to the granting
Thank you. MI-2021-003383-20103 East Sheldon Avenue. I vote yes for proviso. Use is not to expand beyond the existing floor area.
Can we, can we?
can we can we rephrase that to the agreed upon burbage uh personal services i just i just want
what miss saletta wrote okay but that's that's what what we had here but but if you tell me
what you want i mean well i think we shared it with sharon and she uh she was okay with it
but the language would read personal services use limited to barber shop and or hair salon
in spaces b and c space a to remain vacant registration required prior to occupancy
that's that's fine that's fine okay thank you i vote yes
we heard you yes yes with proviso sorry
james snell yes with proviso ishmael shaheed yes with proviso
Thank you. MI 2021-001907, 2241 North 5th Street. Mr. Nocklinson is the attorney.
RCO NARA Square Alliance, letter of support.
Amazon is coming in as a
panelist.
Afternoon.
Could you just state your name? You've already been sworn?
Of course. Clementa Amazon.
And our vice chair has a few
questions.
Hi, Clementa. Do you agree to waive the reading of the
refusal and stipulate to its accuracy?
Yes, I do.
Based on the notes I have, all of the required documents have been sent in. Is that correct?
That is correct.
You may proceed.
Thank you.
Can everyone see my screen?
Perfect. So I will be brief. Today I will be presenting 2241 North 5th Street.
During my presentation, I will go through the Notice of Refusal.
We did receive a letter of support from North Square Community Alliance, and it is my understanding that the councilperson is taking the position of non-opposition.
We also have maps of the area, photographs of the property, the proposed plans and drawings, notice that we sent out for the community meeting, the application for appeal, deed, and the certificate of tax clearance.
First things first, we have the notice of refusal, the property zoned as RSA 5, and we are requesting to have a duplex use.
We did meet with the community and received a letter of support of the project, in large part because my client does intend to live in the property and just rent out the other unit as a means of supplemental income.
And we do also have a letter of non-opposition from Councilwoman Maria Quinonez Sanchez.
And here we have maps of the area, the view of the front of the property, the view to
the right of the property, to the left of the property along North 5th Street.
Here we have the posting of the poster, the orange notice poster, our proposed plans and
drawings. Again, my client does intend to live on the upper levels and then the lower level.
And this is a, I apologize, this is turned the wrong direction, but this is a notice that we
sent out to the community, which included the date, time, and Zoom information. It was
sent to 195 properties in total. And our certificates of mailing, the application for appeal, project
information form, and deed to the property, and our certificate of tax clearance. So with
With that, I believe my client should be on, Michael Hadida.
Mr. Hadida has been allowed to speak.
Could you state your name and spell it for our court reporter?
Hello, yes.
My name is Michael Hadida.
I'm the owner of the property.
The name is spelled M-I-C-H-A-E-L
Last name H-A-D-I-D-A
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Michael, did you hear my presentation today?
I'm sorry, can you repeat that, please?
Did you hear my presentation today?
I did, yes.
And is it true and correct?
Yes, that's correct.
And would you adopt it as your testimony?
Thank you.
questions from the board no mr chairman mr chair no no mr chair
questions from the virtual audience or comments
no further hands at this time sir planning commission
This is Ron Bednar, City Planning. This property is indicated for residential use on the city plan.
this is ron bednar city planning this property is indicated for residential
Our adopted district plan recommends no changes to the existing single-family zoning at this location.
The applicant's hardship is not supported with evidence of unique physical circumstances or conditions of the property that would prevent it from being used in conformity with the code.
Therefore, we recommend the request for variance not be granted.
Thank you. MI 2021-001-907-2241 North 5th Street. I vote yes.
Harold Tenere, my vote is yes. Thomas Holloman, my vote is yes.
James Snell, my vote is yes. Ishmael Shahid, my vote is yes.
Thank you. MI 2021-0033...
tanya do you want me to pick up yes may you please sure uh calendar number mi-2021-003386
2328 north 10th street this is sean ward again we have a letter from a letter of support from apm
sean uh can you put your name on the record and spell your last name for the court reporter
yeah sean ward s-h-a-w-n-w-a-r-d attorney free applicant carol there's a companion case with
this. 2317 North 10th. Okay. Calendar number MI-2021-003891-2317 North 17th Street. No,
North 10th Street. Yeah, North 10th. Okay. We have two letters of support. Do you swear
to tell the whole truth and nothing but the truth? Yes, I do. And do you agree to wait
the reading of the refusal and stipulate to its accuracy? Yes, I do. It appears to me that you've
submitted all the required documents. Is that correct? That is correct. You may proceed.
Okay. Can you see my screen or no? Yes. Okay. Let me get to the right one, though.
all right are we looking at 10 streets yes okay very good uh i i have no video i can't
but yeah 2328 north yeah i mean 2317 yeah there's no video of me but uh oh there it goes okay um
all right uh again i've submitted my typical exhibit packet uh i referee i represent rafael
Realty, R-A-P-H-A-E-L, Realty LLC, and Finch Development LLC, F-I-N-C-H.
Present on the Zoom call today is Meyer Badouche, M-E-I-R, capital B-A-D-U-S-H.
I would ask that he raise his hand in time so he can verify and adopt at the appropriate time.
Again, it's 2317 and 28 North 10th Street.
We filed applications for a permit for the erection of an attached structure for use as a three-family dwelling with accessory roof decks for each address.
The refusals for both properties, since the properties are zoned CMX, commercial use is required on the first floor.
However, none is proposed.
And the number of dwelling units, two are permitted by right, three are proposed.
However, the third one is in the space that would be the commercial use on the first floor if we
had in fact chose to use commercial use. Ironically, 2317 resulted in two more refusals.
The lot area 1275 square feet is required. However, I believe it's 1033 is existing or
1103, I'll double check that. So there was an occupied area, 80% is permitted, and we're over
by just 4%. And that is because 2317 is a little smaller in size than 2328. So that's why I believe
those two additional refusals resulted. But basically, the proposed structures are mirror
images of one another. Other than that, they're identical. So A2 are the two zoning appeal
applications a3 are the project information forms for both a4 are the deeds for both and a5
together are the tax clearance for both a6 are site elevation and floor plans for 2317 north
10th a7 is the site elevation and floor plans for 2328 north 10th a8 are the photographs a9 are the
RCO letters of support. A10 is the district council letter if submitted. And A11 are relevant.
A-10 is the district council letter if submitted, and A-11 our relevant zoning history for 2317.
Back in 1975, it was vacant retail store and one family, 2328 was a single family dwelling in 1967.
Currently, they're both vacant lots. A-12 is the zoning map, A-13 is the aerial photograph.
So real quickly, we'll just show you the, oh, I have a summary.
So basically what we're going to show today is that multifamily is specifically permitted in CMX2.
Two three-bedroom duplexes by right could be instituted in this project with commercial unit at the first floor.
However, we propose a one-bedroom unit at the first level and two two-bedroom apartments above for a total of five bedrooms,
whereas it's a lesser bedroom count that if we did the two duplexes with a commercial use because we would have three bedrooms per unit for a total of six.
So we submit its lesser density and given the general condition of the neighborhood, the commercial unit would more than likely remain vacant for an indefinite period of time.
So we don't feel that's the highest and best use.
We also discussed with the RCO rental affordability. Obviously, one- and two-bedroom apartments are more affordable than a three-bedroom apartment. And three-bedroom apartments or three-bedroom dwellings are more likely a single-family home, not an apartment.
I would also point out that the odd side is Zone CMX 2 mixed commercial.
There are 10 vacant lots on the 2300 block of North 10th Street.
There are some existing structures.
It appears that only three of those are occupied.
The others have imminently dangerous violations.
They're vacant properties as licensed by the department and also two have unsafe structure
violations.
So it was near unanimous support by the RCO attendees.
It was a vote of nine to one in support.
So real quickly, we have the two refusals.
We have the application of appeal for each.
We have the project information form for each.
We have the deeds for each.
And tax clearance.
Do you have a client here who would like to have him adopt your testimony?
Yes. Mayor Badouche, I believe he may have raised his hand if he could be allowed to speak.
Mr. Chair, do you want to take over?
I'm a listener, but sure, I'll take over. State your name.
My name is Mayor Badouche, M-E-I-R-B-A-D-U-S-H.
okay do you swear affirm to tell the truth the whole truth nothing but the truth
i affirm proceed uh mayor you have heard my representations to the board today
yes i did are they true and correct to the best of your knowledge information and belief
yes they are and you adopt them as your own testimony yes i do that's all i have for mr
is this 2328 north 10th right and 2317 okay questions questions from the board
no mr chairman no mr chairman questions from the virtual audience
i see no other hands mr chair uh planning commission it's uh ron bednar city planning
these two properties located at 2317 and 28 are both indicated for neighborhood commercial mixed
use on the city plan. Our adopted district plan recommends no change to the existing zoning at
these locations. The two residential units are allowed by right, as was indicated, all the
at these properties, the applicant's hardship, we believe, for three is not supported with
evidence of unique site circumstances nor conditions of the property, which is currently
vacant, that would prevent it from being used in conformity with the code. We believe this is an
overuse of these properties. Therefore, we recommend requests for variance for both not be granted.
again mr chairman very quickly uh the two red dots represent our our parcels and you can see
this is the 2300 block of north 10th street and you know it's mostly vacant ground and vacant
structures uh to require some kind of commercial use on on these blocks uh would be foolish or
foolhardy at least so that's all we that's all i have so all right mi 2021-003-891-2317 north 10th
2317 North Tense, and MI-2021-003386-2328-North Tense, and MI-2021-003386-2328-North Tense, and MI-2021-003891-2317-North Tense.
and MI202103.
I vote yes.
my vote is yes to both
Thomas
my vote is no to both
my vote is yes
to both
Ishmael Shahid my vote is yes
to both
thank you very much
MI 2021
003553
North 10th Street
RCO Ward
letter of support. Mr. Ward, could you just sit back with your video and mute off?
Zen Jin, please.
Mr. Jin will be rejoining as a panelist. Thank you.
good evening i i'm mr jen please state your name and spell for the court reporter
yes zen jen z h en last name j i n 1617 john f kennedy boulevard suite 1838 philadelphia pa
19103 here on behalf of the applicant all right do you swear for him to tell the truth the whole
truth and nothing but the truth? I do. Our vice chair has a few questions. Hi, Mr. Jinn. Do you
agree to waive the reading of the refusal and stipulate to its accuracy? I do. It appears that
you have sent in all the required documents. Is that correct? That is correct. You may proceed.
Thank you. I'm going to share with the board the information relating to this case, the same