it only had two refusals, that they were the arbiter of the refusal, and they were going to
issue the refusal as they saw fit. Accordingly, we moved forward, and we presented the project,
and the project has not changed in any of its iterations to being presented to any community
stakeholders. So everyone is at all times and has been aware of what this project is.
When this project was presented to Fishtown Neighbors Association, FNA, they raised some
concern that the refusal, this first refusal, was incorrect. We had already stated that in writing
two to them. We admitted that we thought there were different refusals that should be in place.
So you may recall, we presented under this first revised refusal just about two weeks ago, exactly.
And FNA had no objections to the project, but they had concerns that the refusal was still
and correct. And they had actually gone through LNI to get this second revised refusal done.
About eight days later, after the first revised refusal, we got this second revised refusal.
Again, the project has not changed. Everybody has been aware and always has been aware of what's
going on here. And in fact, as I stated before, the project we're proposing was requested by
the community so that we wouldn't put parking and driving and townhomes facing on Lee Street.
So the two issues that we have right now with the refusal and the reason why we could not sign
and agree to waive and stip is that this fourth refusal right here is correct as to parcel A.
However, as to parcel B, they come up with a 77.26%. That's frankly incorrect math.
um it's on all the plans that as to this fourth refusal as to parcel b is incorrect because
that as to this fourth refusal as to parcel B is incorrect because it does meet the maximum 75%.
So that should not be there. And the only other issue is this third refusal shows a we're building
a proposed building height of 55 feet. That's actually not correct. That's including of a
pilot house and everything else. What happened was because the project sort of has this trapezoidal
shape. It caught a corner of the roof deck and the pilot house, and those didn't meet the proper
setbacks. We presented to Ms. Saleta and to the board two weeks ago proviso plans that pull back
the roof deck and the pilot house appropriately to cure that height condition. So again, just to
give you a very quick analysis we're going to have uh on lee street uh vacant commercial that
we're going to try to put in um with uh apartments above everybody has known this at all times and
here's the you know here's frankfurt avenue um and i know we've we've addressed some of this
before so i'll go quickly and just ask if the board has any questions since the only reason
this was continued was for fna's concerns about a revised refusal and to see if they had any actual
objections to the project which they did not last time um so if you're going around uh this is where
the lee street side will be as you can see across lee street is all uh dilapidated and rundown
warehouses or vacant lots um so here are more that that's uh the state of construction on the
new building as of about a month ago um this is what's immediately across the street from us
um so obviously this whole street you know is is a work in progress and this is what fna is hoping
to do is really uh make this street this lee street into a pedestrian walkable friendly uh area
um so again here are just some of the walkways around we have the provised uh proviso plans
and um here you can see where we're uh dividing the line and then this is going to be the new
project um with that i would suggest that uh nothing i've said today is all that new or
different um but i would like to have um uh the project architect just briefly walk through the
plans to explain to you what it is so that we have it on the record as as leonard pointed out as long
as we have it on the record uh you know this board is authorized to make whatever decision they want
um so jose hernandez are you on
No one here is raised by, okay.
Oh, can you hear me?
Yes, Mr. Hernandez, is that you?
It is.
Good afternoon, sir.
Please identify yourself with a record.
Spell your last name and I'll swear you in.
Jose Hernandez, H-E-R-N-A-N-E-E-Z.
Could you speak a little closer to the microphone, please?
Jose Hernandez, H-E-R-N-A-N-E-E-Z.
He's still a little bit weak, but you're swearing for him to tell the truth, the whole truth, nothing but the truth?
Thank you. If you can speak up a little bit louder, that would be helpful. Thank you.
All right. And Mr. Hernandez, you are the project architect, correct?
And you're from JKRP Architects?
I'm a principal at JKRP Architects.
Okay. And you heard all of the testimony I just presented?
I did.
And do you believe it to be true and correct to the best of your knowledge?
And would you adopt it as your own?
I would.
Okay. And now, kindly for the board, because this needs to be on the record,
could you briefly walk through a summary of the project being presented and these plans?
If you want a different page pulled up, I'm happy to do it,
but I have the zoning plan pulled up at the moment.
The zoning plan illustrates the footprint of the building
in relationship to Lee Street.
Again, we're having,
I don't know if the court reporter is able to hear you.
Your voice is very faint.
If you can get closer or raise the volume.
One second.
Thank you.
can you hear me now yes oh much better much better thank you great uh the project you have before
you is the uh the site plan which illustrates that as sean mentioned the footprint of the building
relationship to lee street sean do you have the uh the rco presentation i thought you were going
to ask that so i was just pulling it up okay so i'll briefly go through uh some first few pages
is the information sean mentioned which uh the first page highlights the site i have the orange
portion which is the rear of the parcel of 1324 frankfurt uh go to the next page again this is
It's just zoning, which shows the site as CMX2.
And again, a division of the site plan, the subdivision of the two parcels.
Images.
So this is an image of the original site plan.
I've highlighted the pilot houses, which triggered the initial refusal for the pilot house that's located towards the top was encroaching upon a required setback.
we'll show you the illustrated, the revised portion.
This was in reference to the original proposals, the original refusals, and we provide a clarification
on why those refusals were incorrect.
The portion on the right illustrates the density bonus in the calculation of 16 units
versus the 13 that was initially on the variance.
The second refusal was in relationship to the pilot house, and the lower image on the right shows the new pilot house, which complies with the required setbacks.
And now, Mr. Hernandez, just to jump to the conclusion, the project has not substantially changed in any way from its initial conception back in May when it was first submitted to L&I, correct?
It has not.
This is just a ground floor. The blue indicates a lobby space. The beige or orange color is a
commercial, a proposed commercial use that fronts onto Lee Street. Prototypical floor plan. The
second floor has a small amenity space with units that front onto Lee Street and the roof plan,
And again, that illustrates the setbacks of the pilot house and a limited roof deck with a green roof.
Shadow studies indicating how the project, the shadows it would cast through three times a year.
You're looking at March, June, and December.
Sectionally, the height variance that the 45 feet that we're seeking has a proposed higher ceiling at the ground floor for the commercial use, which takes the project to a 45-foot height.
And again, the pilot house is allowed 10 feet in addition to that 45 foot.
So we have the pilot house, which is indicated at the 55-foot dimension.
An aerial axon just showing the new proposed building in site context with a simplified box for the existing building that's along Frankfort Avenue.
Elevations of the project, materiality.
Our thought of time was to utilize a predominantly brick base with kind of an industrial feel above of a metal material with areas that are carved out.
so you kind of see a differential and in a presentation we have uh in one of the earlier
images that sean had illustrated and shown uh there's there are a few murals around the area
so we thought it would be an opportunity to place a mural on our building um that would be at the
northern end and a perspective looking along lee street of what the proposed project would be
and propose another image looking south with the mural image that I indicated on the left there.
All right. Thank you, Mr. Hernandez. I would just offer before he signs off,
Mr. Hernandez, for any questions that the board may have.
Questions from the board?
Okay. Thank you, Mr. Hernandez. With that, Mr. Chairman, I would rest my case. I do have
Thank you, Mr. Hernandez. With that, Mr. Chairman, I would rest.
Ori Fibush here on behalf of the owner, if anyone from the board would like to hear from him. I
believe, again, my testimony is duplicative of what the board heard in the first iteration of
this hearing, so I don't know that he needs to adopt my testimony, but I can go through that
process as well. And other than that, I think we've addressed all the concerns with regard to
revised refusal that the board had at the conclusion of the first hearing thank you
uh is there anyone else who would like to testify in this case if so raise your hand
no hands chair thank you planning commission yes uh this is uh ron bednar city planning it's uh
r-o-n-b-e-d-n-a-r do you swear and affirm to tell the truth the whole truth nothing
about the truth. I do. Thank you. Please proceed. The comprehensive plan recommends this property
for commercial mixed use. We do not have objection to the additional height or density.
Both are in keeping with the new development that we have seen in the past.
quishtown therefore we have no objection to the granting of the banks thank you mi 2020 that's
zero zero three zero eight nine one three two four frankfurt avenue my vote is mr will do we have
any revised plans uh yes you should have two pages of revised plans which were previously sent to
I'm sorry, Jose, yeah, Mr. Hernandez, can you confirm that?
I thought I sent two pages.
Hernandez?
Give me one second to you.
I will pull up very quickly the email.
I have it in front of me.
It's pages 18 and 19 in your exhibit package.
okay okay i believe i believe yes i believe i believe it's the plan that sean indicated which
is uh a site plan with uh with zoning information i don't i don't believe there's a second page
yes you you are correct miss soletta i apologize for the confusion to the board
uh it is one page i i was including mistakenly in my head the um actual proviso form itself
but it's it's one page of this okay no worries thank you all right thank you mi 2020-003089
1324 frankfurt avenue my vote is yes with the proviso revised plan one page adopted today
my vote is yes sorry frank yes yes with proviso yes with proviso yes with proviso
Calendar number 1333. Thank you everyone for your time. Thank you. Thank you. Calendar number 1333,
2027 Ellsworth Street.
Carol, this is a resumption hearing and I believe when we left off
there was one or two neighbors had suggested that there may be some other
type of solar panels that could be used to accomplish what the applicant is trying to
accomplish right if you recall that so that's really what the resumption is all about
right and and we also have a letter of opposition
yes but that came from point threes point threes i believe that there was a lady on the i can't
recall her name she had made some suggestions and we said okay we would resume this hearing
right so today mr kane is on he's the applicant i believe that's correct turning
so uh mr kane could you speak to what the lady who uh asked us to for you to reconsider
the material or the way the layout would would appear i can and and before i do that um
just to be clear i believe um the vice chair uh miss tenari mentioned a letter of opposition
that isn't something um i've ever seen before before we get to that let me swear you in spell
your first and last name d-e-r-e-k last name k-a-n-e you're at 2027 ellsworth correct
that's correct you swear and affirm to tell the truth the whole truth nothing but the truth
So I just want to pick up where you just left off.
You said you've never seen a letter of opposition?
Unless that is from the RCO board that we presented to.
the rco board that we presented to rco point three cdc i believe okay i would take that back
Yeah, the RCO, Point Breeze CD.
then my understanding was it was a it wasn't supporting us maybe that's not uh maybe that's
the same as the letter of opposition um so i apologize yes more or less yes all right uh
so do you have any knowledge of what um again i apologize i don't remember the lady's name i
if she's on if she is would you please raise your hand ma'am yes i'm about to say chair if i may um
i have two people with their hands up i have a caller i believe was it tiffany green that's my
understanding it was tiffany green okay you're right tiffany green is she on i can um check this
caller caller ending in 4637 you can unmute yourself i'm on i'm okay i'm on the meeting
can you hear me yes can you um state your name spell your last name oh yeah tiffany green
good afternoon miss green please identify yourself name and address
uh tiffany green uh 1518 south 22nd street and you swear and affirm to tell the truth the whole
truth nothing but the truth yes okay if you you heard you heard my statements uh earlier um
And I believe you had some suggestions or recommendations you thought might be able to accommodate what Mr. Cain is trying to do regarding solar panels.
Yes, I do. And I did email them in yesterday. I apologize.
The internet was in and out with the snowstorm, so I had a hard problem.
But I was able to complete the letter and send in copies of what we suggested.
and what we suggested was
there's two types
of, I don't know, were you able to
take a look at the pictures?
No. Hold on
one second. Sharon, do we have that
information?
look forward and email it to you.
Yes, we do. If you like, I can email it