we are live thank you um and while while we're waiting tom um we got tom get her back okay
you guys will uh yvette you'll let us know when you're ready
yes chair got an echo something's uh adjust your volume or whatever
Um, no, it sounds like you're, um, try again, testing for you, Yvette.
I think it's because we're on the 18th floor.
It sounds like something's going on.
Now you sound clear.
Claire, how do I sound?
You sound very clear.
Okay, great.
Thank you.
So you'll let us know, Yvette, when you're ready.
chair we have 26 people in the room we're all good to go yvette sorry we can't hear your
uh the reverb it's got like an echo reverberation or whatever yes chair
we're ready to go live ready to go live i think we are live
yes you are for you to be livening cover chair okay thank you i don't see jim yet but we do
have a quorum because okay good morning everyone my name is frank di chico i'm the chair of the
zoning board of adjustment i'll be participating in today's hearing along with our vice chair
ms carol tenere uh board member mr thomas holliman and soon to be um other the other two
board members Mr. James Snell and Mr. Confessor Plaza will be joining us momentarily. For those
of you who haven't yet participated in one of our virtual hearings I'll go through some of the
basics of what you can expect and before I do that I just want to remind everyone our board
administrator today is Ms. Yvette Benton and our zoning board administrator Ms. Tanya Sunkit are
also on the line. For those of you who haven't yet participated in one of our virtual hearings I'll
go through some of the basics of what you can expect. First, we will be administering oaths
to individual participants prior to their testimony. Second, we'd like to advise everyone
that this proceeding is being recorded, and that by participating, you acknowledge your agreement
to be recorded, and that the recording will be made available to the public on the web or
otherwise. Third, for anyone participating by phone, if you wish to testify, you must raise
your hand by hitting star nine and then star six to unmute yourself. I'll repeat that. For anyone
participating by phone, if you wish to testify, you must raise your hand by hitting star nine
and then star six to unmute yourself. Finally, to enter an appearance statement, call Google
267 -270 -5548 and leave your email address and the address of the property at issue. I'll repeat
that. To enter an appearance statement, call Google 267 -270 -5548 and leave your email address
and the address of the property at issue. And I'd like to remind everyone, please do not attempt
to testify in the chat any comments or concerns or questions should be directed to our board
is yvette benton sharon you're not muted you were you're not muted thank you um i still don't see
jim but okay we're gonna have to hold off on the add -on uh correct sharon until we have a full
continue it. I'm sorry, Chair, what was it that you asked? We only have Carol and Tom right now.
Why don't you hold that then until later when other board members are on? Thank you.
Thank you. So we'll go to your regular list. Number one.
I hear something. Number one on our list, MI 2021 -000798, 1025 Arch Street.
Is there anyone here for that case? 1025 Arch Street.
According to Councilman Squilla, the RCO has not held a meeting.
and i believe this is the second reading and i don't believe we have any exhibits
is there anyone here for 1025 arch street chairman this is rachel pritzker did we go
through continuances or request for continuances did i miss that we'll do that next okay my
okay my apologies no one here for this case mi 2021 dash 0007981025 art street my vote is to
apologies no one here for this case am i 20
dismiss my carolton to dismiss thomas holliman my vote is to dismiss i will now read off the
a request for continuances on the 930 list. MI 2021 -002 -502. 3948 -50 West
Gerrard Avenue. Adam Laver, the attorney's request for continuance. That case will be continued.
number eight on our list. MI 2021, that's 000 -792 -441 West Roosevelt Boulevard.
This is a request by the attorney, Mr. Dattner. This is the third time this case is being
requested to be continued. Is Mr. Dattner available?
is mr datner available regarding 441 west roosevelt boulevard chair i don't see his hand up
actually zen jen has his hand up no i'm sorry you can um allow miss deborah canty to speak okay
Okay. Ms. Canty, you can unmute yourself and wait for the chair.
Ms. Canty, good morning. Please spell your full name and I'll swear you in.
Good morning. My name is Deborah Canty, D -E -B -O -R -A -H. Last name C -A -N -T as in Tom, Y.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you. Please proceed.
So I was expecting Mr. Dattner to be here representing me in this matter. The continuance
request this time, I wasn't aware that this was the third listing. I thought this was only the
second. And the reason I was asking for the continuance through him this time, the architect
completed all of the paperwork for me initially, but then after the June, well actually prior to
the June hearing that is not working with me anymore. So I did not get the notice that I'm
supposed to put up 14 days in advance of this hearing. And so by the time I realized that and
communicated it with Mr. Dattner, we were beyond the 14 day period. All right, Ms. Canty.
want to do
yep somebody
yeah where's Mr
where's Mr. Dantner
I am not sure
I saw a communication from him
yesterday with someone from your
from the zoning
board that indicated he
would be here he was asking for the link
I joined just be you
know in an abundance of caution
so I'm not sure where he
is and I'm glad I joined in an abundance
of caution. Ms. Canty
uh i'm going to break a little bit of precedent here we're going to give you a continuance
that must be heard okay must have next time up it must be heard so mi 2021
that's 000792 441 west roosevelt boulevard this case is continued must be heard
all right anyone disagree with those two continuances that have been read into the
record please let us know right now please if you're any questions regarding those continuances
i see no hands chair thank you i will now ask is anyone requesting a continuance or withdrawal
for the 9 30 list to please raise your hand
chair we have rachel pritzker
wait for the chair good morning miss pritzker please identify yourselves by your name and i'll
swear you in rachel r -a -c -h -a -e -l pritzker p -r -i -t -z -k -e -r 1635 market street suite
1600 philadelphia pa 19103 do you swear i'll affirm to tell the truth the whole truth nothing
with the truth yes thank you please proceed um i would like to request a continuance for 5028
knox street okay that's number nine on our list mi 2021 -001572 5028 knox street uh that case is
5028 Knox Street.
That case will be continued unless there's an objection to the continuance.
If there is, please raise your hand.
I see no other hands, Chair.
Okay, thank you.
That case is continued.
Now go back to our regular list.
I'm sorry, is anyone else requesting a continuance or withdrawal?
Chair, we have a hand up from North Central Philly CDC.
please identify yourself and wait for the chair and please identify yourself and spell your full
name tina marie russell north central philadelphia cdc rco tina t -i -n -a -m -a -r -i -e -r -u -s -s -e -l -l
we're going to affirm to tell the truth the whole truth nothing but the truth
please proceed we're asking for a continuous i mean a dismissal for um 2338 north 16th street
they were heard on nine two i'm sorry excuse miss russell yes what case what case are you referring
to um 2338 north 16th street it's a two o 'clock case two o 'clock waiting oh what's not two o 'clock
okay i'm sorry i see you attending thank you anyone else requesting a continuance or withdrawal
please raise your hand chair we have alison weiss with our hand up miss weiss you can
unmute yourself and wait for the chair miss weiss please identify yourself spell your full name
yes good morning alison weiss a double l i s o n w e i s s solo germantown civic association
and i'm sorry but i swear or affirm to tell the truth the whole truth nothing but the truth
yes please proceed um i'm just um i'm sorry i'm a little bit um slow in reacting but i wanted to
know why there was a request for a continuance for 5028 knox street the attorney uh who represents
the applicant requested a continuance is there a reason that they requested a continuance that i
think this is the second or third one. I don't know. Sharon, do we know if this has been
continued in the past? My notes do not indicate that. Perhaps we can see if Rachel is still
present. Ms. Pritzker still available? Yes, I'm here. Yeah, Ms. Pritzker, Ms. Weiss is
asking the question why the request for continuance has this case been continued in the past
i believe it was continued once um we're asking for a continuance there was some comments uh and
some suggestions made at the rco meeting and uh we are working with um our client uh to see what
we can do to address it we were waiting to get a contractor at the site this is regarding a fence
So we were waiting to get a contractor to the site to see what considerations that we can make.
And that's just taking a bit longer than we hoped for.
So we just needed a little bit more time to work with the contractor and the client to come up with some solutions before we put the case on.
So that's why we're asking for more time.
All right. So here's what we'll do.
We already said we can continue.
I had no notes indicating that it had previously been continued.
So the case will be continued.
I'll go back and read it into the record.
MI 2021 -001 572 5028 Knox Street. This case is continued. Must be heard.
Thank you.
Thank you.
Thank you.
Any other requests for continuances or withdrawals?
I see no hands, Chair.
Thank you. Case number two. Is Mr. Clinton available?
to discuss MI 2021 -000 -459 -1502 West Erie Avenue.
Mr. Clinton is coming back in as a panelist now, Chair.
Thank you.
I'm here, Mr. Chairman.
Please identify yourself.
I have a couple of questions for you, and I'll square you in.
Henry Clinton, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146,
here on 1502 Erie Street.
And you swear if I'm to tell the truth, the whole truth, nothing but the truth?
Mr. Clinton, I understand that there's a companion case to this that's listed for 2 o 'clock.
Any concern if we move this case to 2 o 'clock?
this one 1502 yes whatever the chairman would like well i just figured since it's a companion
This one, 1502?
Yes, whatever the chairman would like.
case and uh sure it'd be easier to get people who may want to testify on at two o 'clock because
they're not aware of the nine nine thirty that sounds fair that work for you that'll work okay
so we'll continue that until two o 'clock thank you sounds good all right um number three three
MI 2021 -000372, 1625 West Thompson Street. Ms. Pritzker, attorney of record, please identify yourself. You're still under oath.
And she's coming in now as a panelist.
this is rachel r -a -c -h -a -e -l pritzker p -r -i -t -z -k -e -r 1635 market street suite 1600
philadelphia pa 1910 thank you rachel you're still under oath miss uh tenere has some questions for
you okay rachel do you agree to waive the reading of the refusal and stipulate to its accuracy
Yes. Have you emailed the exhibit packet with proof of ownership tax compliance,
refusal referral, photos under plans of the property five days in advance to this hearing,
and have you met with your RCO, with the RCO, and do you have a letter?
Yes. Okay, you may proceed. Thank you.
Okay, so this is 1625 West Thompson Street.
Once it loads, the board can see that it's a RSA 5 site.
over it's probably the largest uh intermediate personal on the block excuse pardon the
interruption but the screen is blank okay give me one second I'm going to just download it and then
okay can you see that yes okay so this is the refusal we have again it's rsa property zone rsa
five uh however we're proposing the erection of an attached building with a roof deck and roof
deck access structure for use as multi -family originally proposed eight units as you'll see
from the revised plans we have reduced it to six units originally have proposed three accessory
off -street parking spaces, now we're proposing two, and the only refusal we have is for use
for multifamily in a single -family district. As you can see from the appeal, the property is
a long -standing vacant lot. It was originally home to a church that has since been demolished,
and so it was not single -family use any time in the last couple of decades. The land area of the
property is almost 2 ,500 square feet, 2 ,483 square feet, according to OPA. And so given
also the width of the property, it doesn't allow for subdivision to provide for single -family
homes. You'd have two kind of long, skinny single -family homes. There's a lot of other
properties on the block and within the 1600 block of North 16th Street, or sorry, West Thompson
Street that have multifamily and given some of the considerations in the district plan regarding
vacant lots and providing housing opportunities given this was a church before we decided that
multifamily was probably best suited for the site as again no single family had ever stood on this
site before again some of the neighboring properties are duplexes and triplexes however
they're on smaller lots than ours. Again, a 2 ,500 square foot lot, street to street.
We'll bring up the zoning plans. As you can see, it's the largest street to street
property on the block, similar in size and condition to the RM1 block directly behind.
similar in size and condition to the RM1 block directly behind. Most of those lots are actually
smaller than this lot. All the other street to street properties on this block, some of which
are multifamily, but none of which are this wide. And again, a little bit too, not wide enough to
be able to be subdivided properly. Otherwise, you'd have a quite large single family home
on this block. And again, also a lot of vacancy, as you can see from the aerial photos on this block
as well. So even the smaller lots that could provide for single family don't provide for
single family on this block. Here's a photo of the properties. You can see how far back it goes
and how wide it is. The zoning posters on the property.
better view of how wide this lot is from the street
and again the only variance that we're seeking is for multi -family again a reduction from eight
units to six units and a reduction from three accessory off three parking spaces to two
we met with map holistic cdc and the 47th uh friends of the 47th ward um with ward leader
miss louise bundy uh twice for this project actually i think it was three times for this
project um and we do have the first meeting was in march 17th we had another meeting on july 21st
and we do have uh letters of support from um louise bundy the ward leader of the 47th ward and
and the head of friends of 47th ward along with map cdc in support of the project uh basically
their letter references the reduction from six units to eight units and uh sort of our
participation in multiple meetings and adding things to the project such as trash ada unit
and landscaping and fencing concerns we also have a letter from miss vivian van story of community
land trust corporation rco who was an affected rco who was also at these meetings as well
emphasizing the same things certificate of mailing for both meetings um and uh the last
thing i would like to have gabe deck who is our architect from gnome architecture to come on and
go through our revised plans um and then have the owners on as well if there's any questions for them
mr deck you can unmute yourself and wait for the chair
he's coming back in as a panelist
good morning sir please spell your full name and i'll swear you in good morning gabriel deck
g -a -b -r -i -e -l -d -e -c -k you swear or affirm to tell the truth the whole truth nothing but the
truth i do thank you mr pritzker uh gabe are you able to share your screen and go through the
revised plans sure
okay um so the project as rachel mentioned was reduced from a proposed eight unit building
down to uh six units um in doing that we lowered the the building height as well as removed the
proposed cellar so this plan right here is the first floor plan both of the
units at this level were revised to be accessible so at this level you have the
main building entrance off of Thompson Street with an accessible ramp a one
bedroom unit in the front and green a two -bedroom unit at the rear of the
building as well as a common courtyard where we have trash storage for the
building moving upstairs we have two two -bedroom two -bath units one in the
front one in the back third floor similar thing two two -bedroom units one
in the front one in the back and they each have private roof deck access as
as Rachel mentioned one of the other changes was reduction in parking from
from three proposed spaces to two and that's mostly because we now need to accommodate
an accessible parking space which has an adjacent loading zone which takes away the space for
one of the parking spots.
These are the proposed elevations.
We also reduced the proposed height of the building to be a little bit closer to the
adjacent structures as far as the the heights of those cornices so we're
So we're proposing a simple red brick facade with metal accent paneling.
proposing a simple red brick facade with with metal accent
You can see we have the accessible ramp coming up to the front door here.
We also added street trees to the front of the parcel.
This is the rear of the building where we have the two parking spaces.
and the zoning plan as we went through most of the changes reduction of the parking in the back
is shown here the new ramp is shown reconfiguring of the pilot houses to make them less conspicuous
uh i think i went through everything rachel was there anything else
no that's it okay thank you any questions from the board
no mr and let the record reflect that mr james snell or a board member is uh is present for this
hearing um rachel do you need anyone else to uh yeah just um marco or jordan cats
they could raise their hand they're the owners
jordan are you there you can unmute yourself and wait for the chair hi there can you hear me
yes yes please spell your full name j -o -r -d -a -n -k -a -t -z you swear or affirm to tell the truth
the whole truth nothing but the truth yeah thank you miss pritzker um jordan have you heard my
testimony today um in front of the board yes do you believe it to be true and accurate to the best
to your knowledge and do you adopt it as your own?
Thank you.
Rachel, two pages?
Gabe, is that correct?
I believe two pages.
Two pages, yes.
Thank you.
Anyone else would like to testify in this case?
Please raise your hand.
Chair, we have someone with the telephone number
ending at six eight nine four please unmute yourself and wait for the chair
good morning good morning please identify yourself spell your full name
louise bundy war leader but i'm friends the 47th ward
Ms. Bundy, please spell your last name.
B -U -N -D -Y.
These were affirmed to tell the truth, the whole truth, nothing but the truth?
Thank you.
Please proceed.
I just feel as though that they deserve to be able to have this, do what they're doing, because they have tried hard to have it done.
Now they're going to broke down quite a few things, and they really want to help the neighborhood.
and I went around and looked at a few things myself you know I'm coming from the outside
and um I spoke to them and um I just feel as though they deserve a chance this time
thank you thank you for calling in thank you anyone else to testify in this case
yes uh Reverend Nash is here good morning Reverend please spell your full name and I'll
Where are you, Wayne?
Lewis, L -A -W -I -S, Nash, N -A -S -H -S -R.
You swear a firm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you.
Please proceed.
I concur with Rachel's explanation and also the architect and also the meetings.
And I concur with what Ms. Bundy said.
I am in unicy with her and we hope that you guys will give them this opportunity thank you so much
thank you Reverend thank you anyone else
there are no other hands at this time chair thank you planning commission
morning chair Peter Bernard for the planning commission
i'm sorry please spell your last name he is in boy he is an apple ours and roger and as a nancy
he is an apple ours and roger d as in dog these were affirmed to tell the truth the whole truth
nothing but the truth i do chair thank you please proceed this property is indicated for single
family use in the comprehensive plan and was remapped for that use in 2017 we feel that the
six units represents an overuse of the property having large lot is not a
having large lot is not a hardship and there is no hardship for regularly shaped vacant land
hardship and there is no hardship for regularly shaped vacant land
the applicant has failed to demonstrate sufficient hardship for the proposed use
accordingly the planning commission recommends that the board deny the requested variance
thank you MI 2021 -0003721625 west thompson street my vote is yes with the
I'm sorry, but the revised plans, two pages, approved today.
Carol Tenere, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Thomas Holloman, my vote is yes with proviso.
Thank you.
Case number four, MI 2021 -000868, 212 Mannheim Street.
Mr. Clinton is the attorney of record.
Solo Germantown Civic sent a letter of opposition.
Non -coordinating, I believe, RCO.
Mr. Clinton, I don't know if I swore you in earlier.
If I didn't, I apologize.
So please spell your full name and I'll swear you in.
To our Henry Clinton CLINTON, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 191.
If you swear or firm to tell the truth,
the whole truth, nothing but the truth?
Before you proceed, just to let the record reflect
that our board secretary, Mr. Confessor Plaza
is on this meeting, thank you.
Carol Tenere, Mr. Tenere has some questions for you,
Mr. Clinton.
Certainly.
Good morning.
Do you agree to waive the reading of the refusal
and stipulate to its accuracy?
have you emailed the exhibit packet with proof of ownership tax compliance refusal referral
photos and or plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes i have a letter of support from the coordinating rco and yes to
all the above questions thank you you may proceed i share my screen sure
uh is that visible yes it is uh yes you got a lot of stuff in the background though
um your schedule and other documents
all right let me go back to the drawing board if i can on this
how about now can you see that yeah what we see is it looks like i guess your schedule
it's not the face sheet from my proposal
it's that on top of something else so now that now it's nothing
let me let me clear everything else up my apologies
all right i'll start from the beginning share screen
how about now the uh octopus or something there whatever that is a jellyfish
now we have we have that but it's overlapping the your screensaver the jellyfish or whatever
all right you can go through that i guess it'll work and can you see my uh cover sheet mr chairman
yes it's fine um if you could just maximize your screen for your documents there we go thank you
Thank you, Mr. Sanka. Appreciate that. So we're here today on 212 Mannheim Street. And this is my presentation package containing Table of Contents AA through A10. I'll walk through each of the documents. My appearance statement, refusal. Refusal is because we are requesting a multifamily in an RSA 5 zone.
This is a long vacant lot. The aerial photographs of my research indicate
that this lot has been vacant since about 1996. It's a corner lot with some frontage on the east
side which provides light and air into the proposed development. We also had an issue
with the roof deck setbacks which we have cured. So we have met with the community group, the RCO,
the RCO coordinating community group on three occasions, both in April, June, and September.
coordinating community group on three occasions.
And we received a letter on Friday from Faith Community Development Corporation indicating
non -opposition with the project. And one of the requests that they had, which we will include in
the leases, that the applicant not rent the third floor to any small children, because it was
concern about the rooftop deck and children being on the roof. And we will include that
as part of our presentation. There's also an explanation from the coordinating RCO
as to why there is no non -opposition to the project. There's also a letter, as the chairman
mentioned, from the non -designated RCO indicating apparently opposition. But if you look at the
count. They did not include the coordinating RCO in their count. They didn't even ask what their
opinion was. The meeting took place, the third meeting took place in September and their letter
is from June. So they didn't participate in the third meeting and I guess didn't weigh in on the
changes. Plus, if you look at the letter, apparently there's only one near neighbor who
oppose it, and there are four other neighbors who attend it, but were unopposed. So we ask that this
letter be disregarded because they are not the coordinating RCO and did not participate in the
final meeting when the plans were changed. Again, moving through the presentation, this is a corner
lot, good -sized corner lot. There's actually two vacant lots from this aerial photograph.
We do not own this other vacant lot. We just own the, my client owns the corner vacant lot.
Again, another perspective indicating the corner lot at 212 Mannheim Street.
These are just notices or photographs of the various notices that we posted for the three community meetings.
We do have a change proviso sheet that the architect has completed,
indicating that in response to the community group, we have removed the pilot house from the roof
and installed rather an open stairwell.
We've also reduced the height from 37 feet to under 35 feet.
And then we've also added a four -foot -high fence, an opaque fence at the front.
We've also added the cornice around the building and the bay and reduced the entry steps and the landing size.
And this is the attached plan that goes along with that proviso sheet.
I'll walk through the plans for the chairman and members of the panel.
This is the corner property at 212 Mannheim.
The proposal is for three dwelling units.
You can see that on Wayne Avenue, there are additional commercial as well as residential,
five dwelling unit, four dwelling unit, one dwelling unit, commercial units, and then directly
across the street on Tacoma, there is a commercial space and one dwelling unit. And even on the same
block, just down the street is some group living. So we think this use is consistent with the other
properties in the neighborhood. This is the site plan indicating that we have a separate trash
storage for the units in the rear. The trash can be brought out to the curb. There's also a rear
wrenching to access the units on the upper floors. I can walk through the floor plans if the chairman
so desires, but basically... Summarize, that would be helpful. Basically, it's a three -unit building,
one bedroom, one bath on the first unit, one bedroom, one bath on the second unit, and one
bedroom, one bath on the third unit with access to the rooftop
deck. This is the elevation indicating we tried to stay with
the context of the neighborhood. Nice brick front corners coming
all the way around and also onto the bay on the Tacoma Street
side. This is the elevation on the Tacoma Street side again
showing lintels of brick, sills of brick, a bay with hardy
wood siding and again trying to include some detail of the cornice line all throughout the building.
And this is the rear. We've put the meters on the rear of the building so they're not
showing on the front. And in the egress well in the rear we have actually steps even though they're
indicated here as planter to really use the steps to access the outside if anyone in the
basement would near need to exit the building and that's my zoning plan the remaining of the
The remaining of the documents are the pro forma documents that we see at each presentation, tax certification, deed, our application for appeal, zoning map, and all the other documents that are typically presented in a matter such as this.
documents are the pro forma documents that we see at each presentation tax certification
So we have a situation with a long vacant lot that's surrounded in part by multifamily, not all multifamily, but some multifamily.
we've tried to reach out to the community and we have met with them on three occasions
we believe that this application is in conformity with the code the physical circumstances of the
lot are unique in that it's a corner lot and that typically corner lots are perhaps commercial with
one or commercial with two we think that use is consistent we're not impairing the use of the
adjoining properties we've lowered the height to accommodate for that we don't believe that this
is detrimental to the public interest, and it is in harmony with what the coordinating RCO agrees
with. And with that, I would rest and take any questions from the board and also ask that my
client adopt the testimony if there are no questions. Any questions from the board? No,
Mr. Chairman. No. Mr. Clinton, you want to get your client on? Well, sure. John Baleu, B -E -A -U -L -I -E is on the call.
Mr. Baleu, you can unmute yourself and wait for the chair.
Yes, I'm here. Thank you.
Thank you. Please spell your full name, sir.
J -O -N -A -T -H -A -N Baleu, B -E -A -U -L -I -E.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you. Mr. Clinton?
Mr. Bilyeu, were you on the call when I presented this project?
Okay. And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?
Thank you very much.
Thank you. Anyone else would like to testify in this case? If so, please raise your hand.
here we have an earnest garfield with his hand up
mr garfield you can unmute yourself and wait for the chair
good morning mr garfield please spell your full name and i'll swear you in yes e -r -n -e -s -t g -a -r -f -i -e -l -d
do you swear or affirm to tell the truth the whole truth nothing but the truth
i do and good morning to you thank you sir please proceed
uh i don't know if they cued me in uh in line correctly i do not have an issue or any questions
in regards to this property i have been submitting uh chat questions to the board and the panel
in reference to i'm sorry chair we can move on please please meet them thank you
uh anyone else to testify in this case
Hi, Mr. Chair, it's Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, sir. Please proceed.
Councilwoman has no opposition to granting this variance.
Thank you very much. Anyone else?
Chair, we have Allison Weiss with her hand up.
Ms. Weiss, you can unmute yourself or wait for the chair.
Ms. Weiss, please spell your full name. You've already been sworn in. You're still under oath.
A -L -L -I -S -O -N -W -E -I -S -S.
And I would just like to say that none of what was presented shows a hardship of why that property cannot be used as it is designated single family.
And also, that block of Tacoma Street that this property corners on is all two -story buildings, and this building is completely out of place.
So, thank you.
Thank you.
Anyone else to testify in this case?
Chair, we have an Arlene Presley.
Ms. Presley, you can unmute yourself and wait for the chair.
Thank you. Good morning, Ms. Bresley. Please spell your full name, and I'll swear you in.
A -R -L -E -N -E -P -R -E -S -L -E -Y.
You swear or affirm to tell the truth, the whole truth, nothing but the truth.
I affirm to, yes, sir.
Please proceed.
Okay, on that corner, I'm the pastor of the church there.
Okay, on that corner, I'm the pastor of the church there, 5058 Wayne Avenue.
We have no issue with the building, anything being built there, because certainly it would enhance the community.
But my position is the parking in that area is nil as it is.
I would love to see a one unit, one family dwelling. That's really the position that I have there.
Anyone else?
Chair, I see no other hands at this time.
Thank you.
Planning Commission.
Morning Chair, Peter Bernard for the Planning Commission.
This property is indicated for single family residential use
in the comprehensive plan.
We feel the proposal represents an overuse of the property
and the applicant has not demonstrated a hardship.
the application is not supported with evidence of unique physical conditions present on this
rectilinear property accordingly the planning commission recommends that the board deny the
requested variance thank you my 2021 does 000 868 212 mannheim street mr clinton is there revised
their realized plans is one page
it appears as though we lost mr clinton we know tanya if it's a one page revision
um chair this is sharon i did review the plans and it was one page thank you
So MI 2021 -000868, 212 Mannheim Street.
My vote is yes with the proviso revised plan.
One page approved today.
Professor Plaza, yes with proviso.
James Snell, yes with proviso.
Thomas Holloman, yes with proviso.
Thank you. We now go to case number 5, MI 2021 -001721, 3842 Fairmount Avenue.
Mr. Notkinson is the attorney of record.
Manchua Civic Association, RCO, sent a letter of support.
chair we have clementa amazon coming in as a panelist now okay ms amazon good morning
please spell your full name i'll swear you win good afternoon chairman
good morning please spell your full name oh good morning a little ahead of myself
Comenta Amazon, C -L -E -M -E -N -T -A, last name is A -M -A -Z -A -N, 123 South Broad Street, Suite 1600 -191 -09.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
We get a little bit of an echo.
I don't know if it's the distance from your mic or something else.
We can try to clear that.
Try that again.
Is that better?
A little bit better.
Anyway, Ms. Tenere has some questions for you.
Hi, do you swear a firm to tell, no, strike that.
Do you agree to wait the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos and or 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 and we have a letter support okay
great you may proceed thank you i'll just share my screen
can i want to my screen yes perfect so good good morning today i'll be presenting 3842
fairmont avenue and we are requesting to have four dwelling units in this particular structure
as you'll see through my presentation that's not an uncommon use for this area or specifically for
properties of this lot size miss amazon pardon the interruption is it just me or are we getting
is it hard to to decipher what miss amazon is saying it sounds almost like an echo to me
i don't know um yes if you want i can keep talking and you can let me know
if it's better worse that's better right there better right there yes okay I will not move and
I'll go through this presentation so yes we are requesting for dwelling units the property is
So, yes, we are requesting four dwelling units. The property is currently zoned as single family. Within the context of this neighborhood, that is not uncommon. Also, we did meet with the community and we added a front porch so that it would fit into the fabric of this particular neighborhood.
currently zoned as single family
During my presentation, I will go through the deed, certificate of tax clearance.
We do have two notices of refusal as a result of us making changes to the initial design and adding the front porch.
So our most recent refusal was issued on September 14th.
Also, our application for appeal, maps of the area, photographs of the property, our proposed plans and drawings.
And again, we do have a letter of support from Mantua Civic.
here we have the deed to the property our certificate of tax clearance the initial
refusal that was issued on march 31st 2021 our letter of authorization that we requested to make
changes to include that front porch at the request of the community and here we have our second
refusal that was issued on september 14th so the refusals that we have are for the rear balconies
that we included in the, excuse me, the balconies that we have in the front of the property as well
as the front porch because the community requested such this is a porch block. We also have a refusal
for the open area and that is a direct result of the porch that we included at the bequest of the
community and a refusal for the use of poor dwelling units which again is not uncommon for
this neighborhood. And here we just have several properties in this area. As you can see, front
porches throughout, and these are all multifamily and also similar in lot size to our property,
which is just above 1 ,300 square feet. Our application for appeal, the project information
form, map of the area. So we are along Fermont Avenue. All the properties that you saw prior
are also multifamily, although sewn single family on Fairmont Avenue as well. Here we have a view of
the front of the property. We do have two other vacant lots to the left of us. The view to the
right of the property, as you can see, porches throughout, brick facade throughout. So we wanted
to make sure we create a design that was thoughtful and fit into the fabric of this neighborhood.
Here we have our proposed plans and drawings. We are requesting, excuse me, our elevations.
So we are requesting four units. They are bi -level units. They range from 654 square feet at the smallest and 856 square feet at the largest.
We are looking for one bedrooms for units one, two, and four, and unit three is a two -bedroom.
We also have a designated trash area. Again, we wanted to make sure that we had a very responsible design for this particular project.
we did meet with the community on august 26 it was a well -attended meeting and we did receive
a letter of support and the refusal that we the notice that we sent out to the community for that
meeting on august 26 which include the refusal the properties that were notified as well as
our certificate of mailing so with that if i could have my client adopt my testimony
if he's unavailable i would be happy to stipulate to his accuracy as an officer
being an officer of the court to stipulate that your client would have adopted your testimony
any questions from the board no mr chairman no no no mr chair anyone else would like to testify
in this matter please raise your hand i see no hands at this time chair thank you uh planning
commission good morning chair peter bernard for the planning commission this property is indicated
for single family residential in the comprehensive plan was remapped in 2017 at the community's
request we feel the applicant has not demonstrated a hardship for the use there is no hardship for
vacant land or having a large property accordingly the planning commission recommends the board
denied the use variance by 2021. That's zero. Excuse me chair I'm sorry to interrupt this
is Sharon but if you should vote to approve this could you please um refer to the amended
application number which is zp 2021 00306
0306 okay um mi 2021 -001721 3842 fairmount avenue my vote is yes uh with the proviso
So what was that?
Administrative number, ZP201?
As per application number, ZP2021 -00306.
So noted.
So noted, thank you.
Thank you.
Carol Tenere, my vote is yes with proviso.
Carol Tenere, my vote is yes.
I will provide.
Professor Plaza, yes with proviso.
James Snell, yes with proviso.
Thomas Holman, my vote is no.
Okay, we're going to move now to case number seven.
MI 2021, that's 002583.
Lancaster Avenue
Richard Pressman
is the attorney of record for the
applicant Mr. Richard DeMarco
is the attorney
and correct me if I'm wrong for
SAM Development LLC
neighbor who
opposes this is a
resumption hearing
the RCO
Democratic Ward
24th Democratic Ward
initially sent a letter of support they are now taking a position of opposition
uh the rco west pountain saunders park rco initially sent a letter of support they are
now in opposition lancaster avenue business association cdc slash rco opposes councilwoman
gautier uh sent a letter of support which i will read into the record uh but let's get started and
i guess mr pressman you're up first morning mr chairman can you hear me yes please spell your
full name and i'll swear you in richard pressman p is in peter r -e -s -s -m -a -n is my last name
Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Thank you, Mr. Chairman.
Excuse me, Mr. Chairman.
One second, I apologize.
Ms. Tenere has some questions for you.
This is a resumption hearing.
So do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, ma 'am.
Have you emailed the exhibit packet with proof of ownership tax compliance,
refusal referral photos under plans of the property five days in advance of this hearing
and have you met with the RCO and do you have a letter we did that before the June 30th 2021
original hearing okay great you may proceed good morning where we left off at the last hearing on
June 30th 2021 Mr. Jenkins was about to be redirected at the conclusion of Mr. DeMarco's
cross -examination of them and that's where i'd like to uh commence uh the hearing today if i may
please proceed can you please uh re -swearing the witness um he's seated to my right mr jenkins
please spell your full name sir and i'll swear you brian c jenkins b -r -i -e -n middle initial c
last name g -e -n -k -i -n -s we're affirmed to tell the truth the whole truth nothing but the truth
I affirm. Thank you, Mr. President. Thank you. I'm going to call you back to a June 14, 2021 RCO meeting. Do you recall having that meeting? Yes. Can you please tell the panel what transpired at that meeting with regards to the people present?
Well, the coordinating RCO was the PEC, and we had a Zoom meeting.
We also had passed out flyers throughout the community where people could either come in person if they didn't have access to Zoom or technology, or they could go on to the Zoom meeting.
There were several folks that were on the Zoom.
There was also 23 people present in the building.
We put up a 70 -foot flat screen for the guests that were there, that they could be able to see the information and also see everyone that was on the Zoom meeting.
And likewise, we had a camera that was focused on the 23 guests to ensure that everyone could see the people that were in attendance as well.
And who was the coordinating RCA?
That was PEC.
And who's the individual that's the manager of that PEC?
Kevin Brown.
And when you say PEC, is that People's Emergency Center?
That is correct.
And did you, you were present at Chosen 300?
I was.
And that's located at the property 5939 Lancaster?
3959 Lancaster Avenue.
I apologize.
That's right.
And the people that were present, did you record every individual that was present?
That is correct.
I took a span of the room as far as the video so that everyone could see the people that were present.
In addition, each person filled out a form confirming that they were there, what their
vote was, their address, their phone number, and their signature.
Um, at the, right at the end of the meeting, um, the, uh, people that were on zoom took the vote on zoom. Um, I did inform Kevin Brown, um, that the people that were at the building, uh, wanted to vote as well. He indicated to send those votes over immediately after the meeting within five minutes, I scanned everything and send them over to directly to Kevin Brown.
Right at the end of the meeting, the...
And did those results of the vote include the names and addresses of everyone that voted in person at the chosen 300?
That is correct.
And as a result of that, was the votes recorded and was there a letter produced dated June 14th by Mr. Brown on behalf of People's Emergency Center?
That is correct. The letter indicated that there were 29 persons in favor, six opposed, and nine abstained.
And that, Mr. Chairman, is already part of the record. And it's our understanding that Mr. Brown is available to testify today as well.
There was discussion about the use of the lower level, which is subject of this request for variance for group housing.
You submitted in a package back in June for this.
So if I may, Mr. Chairman, if I can have the screen, I will put up some of the pictures to show walkthrough of what that use is.
Are you asking us to put up the screen?
No, I'm going to share the screen.
I'm just.
Oh, okay.
I thought you.
all right please advise if you are able to see that sir yes okay
jenkins as i uh scroll down
can you please uh identify to the panel what the uh what they're seeing here
is part of the lower level here? So this is the lower level where the beds would actually
be at. This area is approximately about 1 ,500 square feet. We've made several improvements
since the original zoning gearing. One is the floors themselves. We put an anti -slip resistant
floor in there. It costs about $23 ,000. That has an epoxy and then there's the decorative flakes and
And then there's a polyurethane on top and which creates grooves in the floor.
So that way that prevents anyone from slipping.
There was a question about a window.
There was an existing window that was that you'll see at the far corner there.
That window was boarded up previously and there was some debris in the existing window well.
We replaced the window, put in a brand new window, cleared all the debris out of the window well.
and there was an existing grate that was actually covered in cement, and we actually
replaced that grate and put a new grate into there, but that is the area there. Now, this is
considered the lower level of this building. When was the last time it was in use, as far as you're
aware? My understanding has been used for a very long time. We've owned the property since 2010.
We've had very little use for this property.
I mean, when I say very little use, we had a vaccination clinic down there, which lasted about two hours.
Once in a while, we have a barbershop there.
But for the most part, this spot has remained vacant and without use.
And it comprises of literally a third of the entire building.
In addition, the previous owner, which was Prayer and Faith Temple Church of God in Christ, they had not used the property, I'm sorry, this level for a long time.
The previous pastor, which is Pastor Albert Thompson, actually submitted a letter verifying that the pastor before him, I understand Pastor Thompson actually was actually a child in this church and has been at the church for longer than 50 years prior to us owning it.
And he indicated that there has not been any use of that area.
They did apply the previous pastor before him, which goes back several decades.
And that use, they attempted to use it as a fellowship hall and never materialized.
So it has not been used, as far as I know, for the last 50 years.
you testified it previously regarding the window replacement is this a close -up shot of it yes it
previously regarding the window replacement is this a close -up shot of it yes it is um it is
close -up shot of the window the light coming in and then also we added in an accessory ladder
there we did not need another um area of egress but we added it anyway um you know and just put
an accessory ladder there for where it goes up to the vent um i'm sorry the grate that opens up so
someone could get out that way if they wanted to but there's already three uh egresses there's a
stairwell to the front, to the rear, and as well as out to the Mount Vernon, which those pictures
will be subsequent in a second. Okay, can you please describe to the board what this picture
blow up is? So this is the great that the pin that actually is pulled. So if someone needs
to escape. They can pull the pin. We can add a chain to it very easily to make it even more
visible, but it's basically just pull the pin out and they actually just push it open. The grate is
made of aluminum, hardened aluminum, but it's very light. A senior citizen can easily push that up
and get out. We wanted to make sure that it was easy accessible, but again, this is a fourth way
of egress but you know not a required one. And above it is the street, is that correct?
That is above it is Lancaster Avenue, yes. And this is a picture of the reposting?
That's the picture of the reposting. And that's the grate there on the bottom? Exactly.
And can you explain what this picture is regarding the exit? So this is a stairwell
directly from the hall where they would be sleeping.
That is the hallway that leads up to the front door.
The subsequent picture that's going to be right behind us
will actually show the stairwell going up to the door.
And as soon as they exit that door,
the front door is right there.
They are fire rated doors, a one hour fire rated.
And on both sides, those doors are there as well.
But when they go out,
They just simply make a left out the front door. They never even have to enter the first floor.
There's also an additional window to provide natural light to come in that area of the stairwell as well.
And this is the same outflooring material you used in the main living area?
Yes, the same flooring. It's done all throughout the entire lower level and the stairwell as well.
And then can you explain to the board what this egress stairwell is?
So this is the second egress stairwell that is on the rear side of the lower level that leads up to the second, I'm sorry, the first floor.
And from that stairwell, they can either go out the front door or they can go out the rear door.
In addition, this is a third window that is in the lower level as well.
and can you explain to the board what the picture in the rear here so this is the third
way of egress um outside of the uh the window which would make number four um but this is
leading out to mount vernon um there are just six stairs that a person would have to go up and to
get out um also um there was a question asked in a previous hearing by one of the board members of
the height above the ground and the height below the ground and we actually measured it and it's
actually 52 inches above ground and 49 inches below ground and that is the stairwell from the
ceiling to the point of where that stair line is for them for the ground level it's 52 inches and
then 49 inches going up. At the time of the last hearing, there was a discussion of letters in
opposition. And back prior to the June 30th hearing, did you see or receive letters over
the last few months, showing opposition to the proposed use. That is correct. And prior to the
June 30th hearing, did you respond to those in writing? Absolutely. I sent a letter to Andrew
Goodman, who is the assistant to Councilwoman Jamie Gutier, as well as all the, I think there's
three RCOs that were not the coordinating RCO, but there were three RCOs that sent letters.
And I responded to each of them, including Jacqueline Williams of LA21,
Pamela Andrews of West Powell of St. Saunders Park, RCO, and Bernadette Weich of the 24th Ward.
Pamela Andrews of West Powell of St. Saunders Park RCO, and Bernadette Weich of the 2014.
And did a copy of this get submitted to the zoning board as well?
That is correct.
And did you address those concerns that they raised in their letters of opposition?
Yes, that is correct. I did address those concerns. There were a few questions. One,
they wanted to know what the target population is going to be targeted. And I explained that
That there would be homeless men who would be prepared to take the next step to moving self -sufficiency.
That persons with chronic mental or an active drug addiction would not be admitted into the program.
I also went over the intake process very thoroughly with them.
And that's actually included in the letter as well.
We went over the daily structure of how the structure of the program would be.
The term of the program, the program was initially designed to be in increments of a six -month program, rotating guests, and in response to the concerns of the community, we were open to adjusting where the program can go from October to April to focus on the winter months.
We would like the program to be all year round, but if we can work with the community, we're happy to do so, and we'll be willing to accept that proviso.
in addition they had some concerns with the male group living in the area and one of the
major concerns in the community is that there are several family and women shelters that are within
the community however there are no facilities that are designated particularly just for men
and to deny any gender the ability to have the opportunity to have that type of housing but
also to move towards self -sufficiency would be definitely an act of discrimination upon them.
But we want to make sure that everyone has the ability to be able to have an equal opportunity
to move towards self -sufficiency. There was a further concern for safety. The person served
for the program will primarily be drawn from the persons that are currently involved with Chosen
300. We currently serve about 120 homeless persons during our nightly meal. We withdraw
from them, as well as people that are currently living on the street in West Philadelphia.
The assumption that people who are poor are also dangerous, denying them the opportunity.
I'm going to object, Mr. Chairman. Who's he talking about? He's talking about hearsay
testimony? No one said anything. Actually, there are letters that are produced from the RCO.
Mr. Chairman, let me state my objection properly. He's talking about conversations out of court, with people who has not identified. He's characterizing their testimony. They haven't even testified yet. I object, Mr. Chairman.
The objection is sustained. And sir, if you said you have letters?
There are letters from -
Have they been submitted to counsel for the opposition?
All the letters and support were submitted with the package, Your Honor.
Mr. Chairman, I'm sorry.
Yeah, okay.
All right, let's proceed.
Okay, so with regards to your response, it's now up on the screen, dated June 29th, 2021,
did you address the concerns that were raised by the letters in opposition from the non -coordinating RCOs?
That is correct.
And afterwards, did you follow up directly with them, these individuals that sent in the letters with regards to calls to them regarding your letter and any follow up that they had?
Yes, I responded both in email and phone.
I sent emails exactly to the same email address that each of the letters came from.
But in addition, I did follow up with a phone call.
I got voicemails for Jacqueline Williams and Bernadette Weich.
I did speak directly with Pamela Andrews and informed her that I did send the information.
And if she had any questions or concerns, and they would also reconsider their opposition, but if they could definitely address it, it would be greatly appreciated.
I didn't hear back from either RCO after responding to all their concerns.
with that uh mr chairman uh that's the uh completion of the redirect of mr jenkins
um i only have a handful of questions mr chairman can you hear me okay mr demarco please identify
yourself richard demarco i i'm here on behalf of protestants including sam development llc as well
uh based on the redirect mr demarco excuse me you're fading in and out in the meantime do you
swear for him to tell the truth whole truth nothing but the truth i do mr chairman can you
All truth. Nothing but the truth. I do, Mr. Chairman. Can you hear me OK?
hear me okay yes
Yes. OK, sorry. This mic is not so good. Anyway, Mr. Jenkins, thank you.
With regard to the use of your basement, you said that the basement is empty, right?
That's your choice to do that, right? You have a house of worship at that property, correct?
Actually, the worship area in the sanctuary is actually in the main level, which is street level.
One of the challenges is that we have people that come to worship that are actually handicapped.
Some people that are elderly, some people that are not able to climb stairs.
So that is the reason why we have the worship where it's accessible to the entire community on the main level where it is handicapped accessible.
All right. But your basement is certainly accessible to any individuals who are not handicapped, correct?
That is correct. But the idea of worship, that is a worship.
Well, if you let me answer the question.
Mr. Jenkins, you answered the question.
Mr. Jenkins, Mr. DeMarco will ask you the question.
Mr. Jenkins, so that area is accessible and is available for house of worship or accessory uses to your house of worship that you operate there, correct?
It is not accessible for worship because worship contains a community gathering of all the people within the congregation.
So if all the people in the congregation are not able to participate in the worship, then it is not suitable for worship.
So your testimony is that because there's maybe a handful of individuals who are handicapped, you can't use the basement for a house of worship use?
it is inappropriate as a christian organization as a church to discriminate against people because
of the fact that they have the inability to get down to stairs to worship our worship
the unified is a unified okay i don't appreciate your laughter but it's ridiculous it's a ridiculous
statement that's mr demarco please be respectful i'll move i will mr chairman i apologize um
Mr. Jenkins, your site plan for this, and if I could put it up if Rich Pressman wants to.
I can look for it, Richard.
I have it as well.
Let me ask the question, though.
Your plan is to have 40 homeless individuals within that sleeping area, correct, that you identified on the site plan?
That is correct.
All right. You would agree that some of the beds, matter of fact, at least half of the beds or so are about three feet apart, correct?
Actually, they are six feet apart, as on the plans that are indicated.
And you have beds that are also three feet apart.
Actually, every single bed is actually six feet apart.
All right. Let's go to the videotape, shall we? Rich, I can put my on my screen if you disable the screen.
Is this what you're looking for, Richard?
no i don't i don't you only have that you have a letter to councilwoman gautier on your screen
i can do it but you have you have to end screen share so i can put it up
it's paused i'm sorry it says paused i apologize
is that showing now richard no i'll do it thank you you did it
mr chairman can you see the site plan on the screen yes
yes mr uh jenkins you say the beds are six feet apart but this distance here is three feet
11 inches correct you see my cursor i don't see your cursor all right you see you see the beds
on the bottom that are that says three feet 11 inches as the distance apart correct
and you have beds that are also three feet apart in the middle row correct so the head -to -head
of any bed of any person sleeping is six feet apart all right but you have beds you have
distances on your own plan you submitted this plan Mr Jenkins you have distances of three feet
and three feet 11 inches between these beds correct you're talking about from the end from
the end of the bed the the goal of the uh of the distancing is to make sure that people's um heads
are six feet apart from every single person.
Whose goal was that?
That was our goal, to make sure that people were effectively distanced from,
to prevent and to deter any possible infection,
the fact that we're dealing in a COVID -19 world.
Right, and you have beds that are three feet apart, correct?
There is no person's head that is three feet apart,
but if you're going to talk about the edge of the beds.
Sir, it's a simple question, Mr. Jenkins. You have beds where the distance is three feet apart, do you not?
If you're looking at the top of the bed to the bottom of the bed, sure, there are spaces there that are three feet apart.
Mr. Jenkins, how about side by side?
Mr. Jenkins, how about side by side? Are they three feet apart?
Can we stipulate that there are beds that are less than six foot apart?
Yeah, that's all.
Sure, we can say that there are beds that are less than six feet apart.
Side by side, they are six feet apart.
Thank you. I think that might be it, Mr. Chairman.
And, Mr. Jenkins, to sum up, you've testified earlier that you are raising money in the anticipation of receiving state funding to operate this group living use.
Is that correct?
That is correct.
And in the basement, while the basement is empty, there's nothing to stop non -handicapped accessible individuals from using the space for uses associated with the house of worship, such as Sunday school, any Bible study.
Nothing stops you from operating those uses for your house of worship in the basement.
Actually, we have not, since the COVID -19 virus, we have not been able to hold worship services at that facility.
It's kind of similar to the property of 3965, where you have not been able to have a commercial area in the lower level of that building.
And your client has applied for a variance and received a variance for commercial use for residential.
because of the fact, he said that because of COVID -19,
he cannot use that particular property for a commercial use.
Of course.
And your client requested a variance, and we're asking for a variance as well.
I'm not talking about my client.
Mr. Jenkins, did you just say you can't operate your house of worship at the property?
We have not been able to have worship at our property.
We've been holding worship service, our Sunday morning worship,
in Love Park and Center City, Philadelphia. Mr. Jenkins, what is stopping you? If the city has
revoked the restrictions on church operation, what is stopping you from operating your house
of worship within the property? Because we have a very vulnerable population, and to put that many
people inside of the building and to pack them in like that, it could be potentially dangerous to
those that we serve. Well, that's your choice. You're permitted to do it by the city's regulations
when they scaled back the COVID -19 regulations after the shutdown.
You're permitted to operate at that if you choose, correct?
So on our staff, we actually have a person with a background in infectious diseases and toxicology
who's actually on the line now, who has advised us that it would be dangerous
to be able to put vulnerable people that are homeless and compact them with that many people.
Our worship services have about 120 people to 150 people that show up.
You mean people that are not vaccinated is what you're referring to, right?
I'm sorry?
You're referring to people who are not vaccinated.
There are people that are vaccinated and unvaccinated.
So to put them into a place of worship, it could be dangerous for them, yes.
Oh, so it's your choice not to have either vaccinated or unvaccinated people within your, it's your choice not to operate your use, is that right?
Right. So you're suggesting that we allow people to come to worship that are vaccinated, but not allow people that are that are unvaccinated not to receive their right to practice their religious freedom.
No, sir. I didn't say that at all. Objection, Mr. Chairman. It's not exactly. It's completely not what I said.
What I said was it's your choice not to have your house of worship under the rules for COVID -19.
You're permitted to do so, but it's your choice not to.
No, we've been advised by a professional that has a background in infectious diseases and toxicology.
It's hearsay. Well, go ahead.
Based on that, we can bring them on.
Gentlemen, we're talking over each other. I don't even know what the question was that's being objected to.
Mr. Pressman, unmute yourself, please.
No, I was drawing the objection, Mr. Chairman. That's all I have.
I was just asking that it was his choice to not have the, you know.
And I want to clarify for the board, we're not asking for any change in use of the main sanctuary.
So that's really not a relevant line of questioning, period.
Well, it is.
Is there anything else, Mr. DeMarco?
No, I'm finished.
It is relevant because the use is available.
He's zoned for a house of worship.
There's no dispute.
I'm sure you would stipulate that.
No, it is zoned for a house of use.
And he will hopefully return.
to full usage as as medically warranted and safe for the congruence um with that mr chairman i'd
like to call our next witness please i'm done thank you your next witness is uh caroline
i'm done thank you that's your next witness is uh carolina pina
can she please raise her hand i'll stop my screen share
miss pina you can unmute yourself and wait for the chair
pina please spell your full name and i'll swear you in carolina pena uh that's c -a -r -o -l -i -n -a
P -E -N -A.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Thank you.
Mr. Pressman.
Ms. Pena, can you tell the members of the board what your profession is?
I am a registered architect in the state of Pennsylvania.
And what's the name of your firm?
Parallel Architecture Studio.
And where is the office located?
230 South Brown Street, 17th floor, Philadelphia, PA, 19 -102.
And how long have you been a registered architect?
Five years.
And have you ever testified before this board before?
I have.
And are you familiar with the variance being sought by the applicant today for a group living?
I have.
And the required variance on the four parking spaces?
And do you know who prepared the plans for the lower level?
Yes, the Livingston Group.
And what is your connection with the Livingston Group?
I looked over their plans for the property to take over after the project architect passed away.
And do you feel that the plans comply with applicable building codes?
And as far as you're aware, did Illinois approve those plans as filed?
Yes, there are no changes to the existing structure. Only a border up window was replaced.
And they also replaced the grate on the street.
And is your understanding that the relief being sought today is only for permitted use and not dimensional in relief?
That is correct.
Can you please describe your understanding of the local area where this property is located?
Sure. It's located on Lancaster Avenue at a five -point intersection of 40th Lancaster Avenue,
Haverford, and it's located in a CMX2 site classification, which is intended for mixed use.
There are a number of shelters and low -income housing units for transition in the community.
There are no living units for men currently in the area.
Are you familiar with Jamie's Place at 40th and Mount Vernon?
Yes, which is really close by this location.
So is the proposed use consistent with other surrounding uses in the neighborhood then?
In my opinion, yes.
and is it in your opinion is this consistent with cmx2 zoning class um where the property is located
uh yes and would you be able to get the personal care facility that's being proposed
without the requested variance no do you believe that the variance if granted would adversely
impact the public health safety or general welfare of the surrounding neighborhood
no and why not uh the organization is committed to addressing homelessness in the community
um the program will in fact improve community safety and welfare by relieving the community
of persons on the street at night um it will also prevent people in the community experiencing
experiencing homelessness from being impacted by the elements so well at this point i have to
Mr. Chairman, she's offering testimony about a neighborhood that she doesn't live in.
She could testify to architecture, perhaps, and, you know, getting into health, safety, and welfare, I don't think that's appropriate.
Sustained, maybe you might want to rephrase your questions, Mr. Pressman.
Do you believe that there's a need in the community, in general, for housing?
Same objections. She could testify to architecture, to zoning.
Sustained, sustained, sustained.
Ms. Penney, do you ever do any planning?
Yes, I do.
Okay, as a planner, do you believe that the variants would help relieve the need for homeless to get a temporary shelter?
Objection. She says she's an architect, not a planner.
I asked her if she did planning. You objected.
But yeah, but planners are different than architects.
But yeah, but planners are different than architects. An architect or is she a plan planner?
An architect or is she a plan planner?
Could be both.
Are you also a planner?
Yes, I have done master planning before, yes.
So I ask the question again, Ms. Pena.
Will the variance, if granted, adversely impact the health, public, and safety welfare?
Well, I object.
Up to the board.
I don't think she's qualified to answer that.
You can answer in the overruled.
It's okay to answer?
Yes, you do.
Yes, I believe that the program will improve the community safety and welfare
because it will prevent people in the community experiencing homelessness
from being impacted by the elements of weather and crime.
And will the variants, if granted, unduly burdened public facilities?
no and will the grant of the variance cause any significant adverse environmental impact
to the surrounding community no and do you believe that this is in harmony with the
requested variants with other uses in the neighborhood um and the zoning code in general
uh yes i think so i think it's appropriate because there are other uses related to this one
in the community and as i stated before this program will help people on the streets by
providing them with a path to independent living and therefore the variance is granted the least
variance is necessary for this project to move forward in your opinion yes i have nothing further
from this witness. Mr. DeMarco. Thank you. Ms. Pena, you testified that the site plan that's
been submitted by the applicant was approved by L &I. Was that your testimony?
The building as it was. I don't believe the plan was approved with the use that is being asked for
right now right so this site plan was just submitted with the application nothing has
been approved by this board or any or lni in any way correct uh the building as it is it's it's
approved the structure that's existing is legal but you you're you agree i think you're agreeing
with me that the plans that were submitted were for use that has not been approved yet correct
i agree with you yes okay and so the the applicant would have to move on to the building phase should
he be successful with this application, he would have to get a certificate of occupancy for that
basement use, would he not? That will be correct. Okay, fair enough. So you said that this, you
understand that this use is seeking a use variance, correct? Correct. And the use variance is, you need
to prove unnecessary hardship in order to obtain a use variance, correct? Correct. And isn't it true
that a use variance by nature means that the use is prohibited in the district, correct?
That is correct.
But your testimony is that the use is consistent with the area, right?
So, Ms. Pena, how could a use that is prohibited by the zoning code be consistent with the
zoning in that community?
Because what's happening around in that area, there are homeless people in need of care.
All right. So your testimony as to the alleged benefits of this use are because it's going to provide services to homeless individuals, correct?
Services to the community, yes. And the homeless are part of that community.
Well, the people who, by definition, the person who is homeless does not live in that community, right?
Yes. They don't have a place to live. That's correct.
But do you live in this community?
I do not live in this community.
Okay, but yet you've offered testimony as to what this community wants or needs, haven't you?
I have, yes, because I do work all over the city. I'm well aware of what happens all over the city.
Okay, but your testimony is not about the adverse impacts of a potential group living use.
It's more about you're testifying about the benefits of servicing homeless individuals, correct?
No further questions, Mr. Chairman.
Mr. Chairman, I wanted to redirect on that.
Ms. Pena, when you said it was consistent with uses in the surrounding neighborhood,
were you also referring to existing shelters or group living, including Jamie's place that's literally a block away?
Yes, because other shelters offer services for women and children.
Yes, because all our shelters offer services for women and children, but not for men.
No further questions.
One other redirect.
Ms. Pena, you're aware that this use as a house of worship does provide certain services to homeless individuals.
Are you aware of that?
I am aware.
Okay, thank you.
Mr. Preshman?
We have certain witnesses are out there that want to make statements at this point, Mr. Chairman.
So they're not going to be my direct witnesses, but they would like to make statements on the record, including.
How many people do you have?
How many people?
Three people would like to make statements.
Mr. Brown, Mr. Broadnax, and a council person from his office.
Mr. Goodman, I think, is here.
Yes, to make statements.
Okay, please call your first witness.
Do you want Reverend Broadnax to get up?
Do you want to raise your hand, sir?
Reverend Broadnax, you can unmute yourself and wait for the chair.
Good morning, Pastor.
Please spell your full name and I'll swear you in.
First name, J -J -A -Y.
Last name, Broadnax, B -R -O -A -D -N -A -X.
you swear or affirm to tell the truth the whole truth nothing but the truth
i so affirm thank you please proceed uh chosen 300 is is a proven organization and i believe
that they are making a major impact for good in the community around issues of poverty
uh their core sorts their core service of feeding as well as the other wraparound services they
provide are exemplary for actually doing something about changing people's circumstances and their
lives. Now, I appreciate and agree with members of the community that are concerned about homelessness,
vagrancy, and security concerns that go along with them. But if we really want to do something
about homelessness, which quiet as it's kept still persists in our community, we want to see
less people with nowhere to go and with limited hope, then I believe that this model that's being
proposed, which is not a shelter, but a very structured program with clear guidelines for
participation, is exactly the type of program that we need to allow space to operate.
The Youth Chosen 300 is proposing is an extension of services that they're already providing
very successfully. They have expertise in working with this population. Many organizations learn to
work with this population from Chosen 300, and the goal is simply to logically extend those services
by providing a selected group with the opportunity for an overnight stay to better serve those
clients.
Chosen 300 already has made significant changes to the plan for the facility to accommodate
safety concerns, including increasing entry and egress, and they've made changes to the
model and terms of use to accommodate community concerns.
They have a demonstrated commitment to ongoing interaction, monitoring and oversight by
members of the community with benchmarks for review. And I feel that the proposed use represents
an opportunity to significantly benefit the community by taking people off the street and
working with them to impact their circumstances and transform their lives. So I stand in support
of this project, noting that the proviso has already been provided that if granted the variance
that Chosen 300 will continue to work with the community in a manner that's responsive to their
concerns thank you very much i i don't have questions mr chair but i didn't get an address
from where this church individual church is located in relation to the reverend could
reverend please give us your address yes sir 428 north 41st street and what's the distance to this
location uh about four blocks three three or four blocks thank you no questions
Thank you.
Mr. President, your next witness.
Pastor, Mr. Kevin Brown.
Mr. Brown, you can unmute yourself and wait for the chair.
Good morning, Mr. Brown.
Please spell your first and last name, and I'll swear you in.
Good morning, Mr. Chairman.
Kevin Brown, K -E -V -I -N -B -R -O -W -N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, Mr. Pressman.
Mr. Brown, do you want to give a statement or do you want me to ask you questions?
Questions are fine.
Mr. Brown, was there an RCO meeting held on June 14, 2021 with regards to this application?
Yes. And are you the manager of the People's Emergency Center, also known as PEC?
And are you the manager of the People's Emergency?
Yes. And are you the coordinating RCO for this area?
Yes, correct. And can you tell the members of the board what transpired with regards to that meeting, with regards to both electronic participation as well as in -person participation at Chosen 300?
certainly uh so we did a hybrid a hybrid what we would call a hybrid a zoning community zoning
meeting on zoom and at chosen 300 uh we had about um maybe about 15 people on zoom and about 20
something people won um in person at at chosen 300 at which time um there we did a video
sort of exploration of the building, the basement, the egress, et cetera, and then people were able
to ask questions, and then we did a vote. With the individuals that were in person
at Chosen 300, did Mr. Jenkins pan the group with the video to show the people were seated there
at the sanctuary? Yes, he did. And how was the vote handled electronically? Were people able to
on their computers uh identify uh who they were um or they just voted electronically
they voted electronically um and i asked people to identify it but basically we did it through a
zoom poll and you were asked to ask them to identify their relationship to the to the
applicant and where they lived in the neighborhood and then um to vote or to abstain if they were
say for example one of the lawyers or someone else you would abstain otherwise if you were
community men or you would vote. And then also the people that were in person did it on a written
balance. And the written balance, were they obtained and sent to you at the conclusion of the
June 14th meeting? Yes. And how were they sent to you, sir? He was scanned to me through email.
And then you prepared a letter with the results of the voting on June, dated June 14th, 2021. Is
that correct correct and you submitted that to the zoning board to chairman uh to chico correct
and do you recall how the vote came out uh yes um there were the people in person um 23 of them
voted in favor of the uh of the project uh in person there were six people who were in favor
of the project six people who were opposed and then it was nine of us who upstate and and therefore
was the uh the coordinating rco's position that the uh uh their support from the community for
this project correct and has that changed since uh june 14th 2021 no i've got nothing further for
you. Mr. Brown, thank you. Two questions, Mr. Chairman, if I may. Mr. Brown, thank you.
You had testified earlier, and I believe Mr. Jenkins testified as well, that he submitted to
you the names and addresses of the individual at his property who voted on the project. Is that
right correct so those individuals who allegedly cast a vote uh were not submitted directly to you
by them it was through mr jenkins we agree could you say that again you're yeah i'll rephrase it
sorry uh the individuals who cast a vote at who are present at the property at chosen 300
were submitted to you by Mr. Jenkins they did not vote directly correct so you're saying they did
not hand me their they it was impossible them to hand it to me because it was virtual right so he
okay right so there's no way that they could personally hand me their their application
their um their ballots so no okay but we agree the information was submitted to you directly by
Mr. Jenkins, correct? Right. Fair enough. So Mr. Jenkins was the one who provided those
individual addresses also, correct? Well, they filled it out by hand. The ballots were filled
out. So they wrote them in themselves. Each individual wrote it themselves. Okay. They
submitted a form? Yes. Each person had their own ballot and signed it. Okay. And each of those
individuals voted in favor of the project, correct? Correct. Right. And the vote of the
people who attended the Zoom meeting was a tie vote, not including the individuals submitted by
was a tie vote for the not including the individuals submitted by mr jenkins the vote was
Mr. Jenkins.
tied on the news right you posted that thank you you posted that result uh after the at the end of
the meeting yes okay and did you uh did you review the the addresses of the individuals who did you
check uh the addresses of the individuals who filled out the form did you review them yourself
i did okay so but for the so this is my last question mr i appreciate your testimony
the the individuals who voted on the form submitted by mr jenkins are what made the
vote in favor of the project because the vote was tied on the zoom call do you agree yes fair enough
no further questions mr chairman thank you what one question and redirect mr chairman um mr brown
do you um have any doubt that the votes that were submitted in paper were uh genuine and valid
not at all thank you mr pressman you have one more witness i believe yes we're going to call
out um mr andrew goodman from uh from uh councilman gotier's office
good morning and wait for the chair good morning mr goodman please identify yourself and i'll
swear you win yes andrew goodman last name spelled g -o -o -d -m -a -n here representing the
office of third district council member jamie gaudier room 586 city hall
We're firm to tell the truth, the whole truth, nothing but the truth.
Yes, I do.
Thank you.
Mr. Pressman.
Mr. Goodman, are you familiar with this matter?
And is Ms. Councilwoman Gautier familiar with this matter?
Yes, I've been attending the RCO meetings personally and been briefing the council member, you know, at all junctures.
And what is the councilwoman's position and the office with regards to this project?
Councilmember Gaudier supports the granting of this variance.
And was that also submitted in an August 13th, 2021 letter to the zoning board?
Yes, yes. Councilmember thought it was important to get a few things on the record.
First and foremost, certainly the support, the granting of variance, the kind of respect and admiration that the council member has for anyone who's taking it upon themselves.
to better support those who are most vulnerable in our communities.
We also have been pleased and reassured because we do know that many of the community organizations
that we work with very actively expressed concerns a few months back,
and we've been pleased by the responses that Chosen 300 provided in terms of providing more detail
clarification about their intake process, how staff are trained, and just their commitment to
bettering the community around them more broadly. And we also want to make sure, because it came up
in previous, I guess the initial hearing in June, also want to make sure that it is very clear and
on the record that a hybrid approach to voting, while non -traditional, is very much accepted and
has been a common practice used by many RCOs in our district during this kind of pandemic time
that allows for electronic as well as in -person voting. As from Councilwoman Gautier's office,
Mr. Goodman, did you review Mr. Jenkins' letter dated June 29, 2021 that he sent to your office
with regards to responding to the objections that were raised by various non -coordinating RCOs in the
area. And was that what you were referring to earlier with regards to the concerns were addressed?
Yes, that's exactly right. Yes. And what is your understanding of the work that specifically is
done by the applicant in the neighborhood and in the city with regards to assisting people in need?
i mean it's it's um it's broad and it's essential um we know we know chosen 300 as one of you know
many organizations in our district that go above and beyond um and not just to serve those who are
faced with homelessness but also to kind of make the community of west philadelphia
a better place to live and work.
Thank you, Mr. Goodman.
Thank you, Mr. Goodman.
Thank you.
Thank you.
Before we begin, let the record reflect that the board is in,
confirms that we have a letter from the councilwoman,
which I will read into the record before the conclusion of this hearing.
Or I can, if it's preferred, I can do that to save you the time.
If you'd like to, that would be helpful. Thank you.
I do have just a brief question.
whatever you want let's get let's let mr goodman read the letter into the record and you can
proceed with your questions okay um dear zoning board i'm writing today in support of appeal
number zp 2020 007485 located at 3959 lancaster avenue i have great respect and admiration for
those who take it upon themselves to those to support those most vulnerable among us
Homelessness has only gotten worse during the pandemic.
People need somewhere to go and get the help they need.
Chosen 300's application has gone through multiple rounds of review, has been out in
the public more than most variance applications are.
Our office believes it has improved as a result and that they deserve to be heard today and
judged on their merit.
I know some community members have expressed concern, and my office has been pleased by
the responses Chosen 300 has provided in terms of their intake process, staff training, and
commitment to their role in making this part of West Philadelphia a safer place to live and work.
Also, I feel it is important that I respond to the claims levied by Protestants Council that
the coordinating RCO has acted with some sort of bias or impropriety. I want to make clear first,
PEC CDC is in good standing with the city's RCO policies and has the right to set voting
procedures as is the right for any coordinating RCO per the city code. We know multiple RCOs in
our district that adopt a hybrid approach that allows for electronic as well as in -person voting.
The fact that in -person voting was taking place was said into the record during the meeting,
so no one can claim they were caught off guard by this. Second, council's description of PECCDC
in their written exhibits is just plain incorrect. PECCDC has an entirely different board,
management and staff than the pec that is a homeless service provider therefore accusations
of impropriety are baseless and frankly hurt all of us who try to ensure meaningful community
dialogue in the city's development review process thank you for the opportunity to submit testimony
on this matter sincerely jamie r gaudier council member third district any questions mr chairman
one minute thank you mr goodman mr pressman i think before we go to mr demarco no no your
honor mr chairman i finished my uh direct mr demarco mr goodman uh thank you for your testimony
um was pec uh made the coordinator coordinating rco was that the choice of of the councilwoman
Yes, per the code, any area where there are overlapping RCOs, the assignment falls on the district council office.
Okay, but you don't, we don't, there's no disagreement that PEC is a homeless advocacy organization. Do you agree with that?
That the nonprofit more broadly does provide that sort of housing and services, yes, but it's different than the community development corporation that serves as the RCO.
Well, this is why I'm questioning you. My understanding of PEC is that it's a homeless
advocacy organization because that's what's on the main website. Do I understand that correctly?
The CDC is different than the branch of the organization that does the homeless services.
Yes. And you did you do agree that you can see three letters of opposition from the other other registered RCOs.
Yes. That's all I have. Thank you, Mr. Pressman.
Any other witnesses? Yeah, we're going to in rebuttal to the question on hardship.
We're going to call an employee, Sharika Douglas. I can offer proof.
Mr. Chairman, is she going to testify about?
You're breaking up, Richard.
I'm sorry.
I'm asking for an offer of proof.
He mentioned that this was testimony about hardship.
I just want to know who this person is.
Mr. Jenkins will give the offer of proof specifically.
Sharika Douglas is our program manager at Chosen 300.
She has a background in toxicology and infectious diseases,
a nationally certified food and safety specialist,
and an OSHA certified specialist as well.
Marco. Well, I'm not, I guess we'll let it testify. I'll reserve objection. I'm not sure why.
Well, I'm not, I guess we'll testify. I'll reserve objection.
I'm not sure why it's relevant to the zoning, but go ahead.
Well, let's hear. Yep. Mr. Pressman.
Did she raise her hand? Ms. Douglas.
Ms. Douglas, you can unmute yourself and wait for the chair.
Good morning.
Good morning, Ms. Douglas, Rich Pressman. I have a few questions.
Let me swear her in first, please. Ms. Douglas, please spell your first and last name.
First name is S -H -E -R -I -C -A, last name Douglas, D -O -U -G -L -A -S.
Swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, Mr. Pressman.
Ms. Douglas, what is your professional background?
Professional background is in immunology and infectious diseases and also food safety.
And are you a nationally certified food safety specialist?
Yes, I am.
And do you have a dual degree in toxology and infectious disease?
Yes, toxicology and infectious diseases.
And that comes from Penn State University. Is that accurate?
That's correct.
You're also OSHA -trained or certified?
With the chosen 300, how many locations does it currently serve?
We have three regional locations.
And including the 3959 Lancaster Avenue?
Yes, that's correct.
What has been the impact with regards to COVID on the use of that property?
uh so uh due to covid uh known that we serve a uh vulnerable population we haven't been able to have
a worship service um inside the building uh we have also um transition or did a hybrid mod for
meal service uh we actually just started that where we're able to do um serve some people inside
and outside. Some of our programs, we have went online for those who are able to access
internet access. For those who cannot, we have been doing appointment only. That way we can
cut down on some of the numbers that are coming inside at the same time.
Yeah, so those are some of the major steps we've taken so far.
What is your opinion with regards to the safety of having in -house worship at this current time with the pandemic in its current state, including the Delta variant?
At this time, it's still a little risky.
We do serve a vulnerable population, different age group, homeless.
And even now, not everybody coming in.
We don't know their health status, so we try not to put them all in the building right now.
And it's just safer to continue our service outdoors at Love Park.
And has that impacted the use of the building overall?
Yes, it has, because we normally on a Sunday where over 100 people would be inside of the building and we have our worship service and then a meal service as well.
So that would be too much traffic inside on a given day.
And the use of the basement area, other than the COVID vaccination that was done for a couple hours, has that lower level been used as far as you're aware?
No, I believe we had one barber day, free barbershop service down there, but it wasn't able to continue because we do have people that come in in wheelchairs and it just didn't make sense to continue and shut some people out.
is that um current makeup of the building including the lower level of hardship on
the use of the building objection please repeat zoning expert
well he's asking her a question she has a service so
he used the term hardship he's asking his own
ma 'am please proceed please repeat that um the uh with the current restrictions in place and
concern of the health and safety of your congregants, does that create a hardship on the
building, use of the building? Yes. No further questions. Ms. Douglas, thank you. You just
testified that the COVID restrictions impose a hardship on the building. Did I hear that
correctly? Yes. So so then why would you why would you why
would you want to house individuals homeless population
want to house individuals, a homeless population in the building, don't the same concerns exist to
that? But with our screening process, we're able to do a deeper dive into the people that we
allow to come inside. So right now, during our current service, we don't check, we don't know
their health status. We don't, we don't always dive as deep as, as we, as we can, because many
managers coming in for a particular service. However, when we do the overnight personal
care facility, it will be a little bit different where you would be digging a little bit deeper
into that. So you don't, you don't ask, you don't ask these questions to people who are coming in
into your property about their health background yeah that would be tapping into something else
so no they're coming in for a meal and we serve the meal they're coming into worship we
provide that they're coming in for expungement services um that's between them and the lawyer
if they come in for um a different health service we connect them with actual um nurses that so that
we're not violating anyone who's there. Okay, so you're already having people come into the
building. You're already serving a homeless population at this property, correct? Feeding
them? Yes, that's correct. All right, are you doing a deep dive with regard to those individuals,
with regard to their health backgrounds? So not necessarily with, how deep are you,
mentioned it because someone is coming for food i don't ask them if if they i'll explain i'm hearing
from from you and mr jenkins that you can't have house of worship use yet you're having homeless
individuals come in and you're feeding them but you're telling the zoning board that somehow you
this the covid restrictions are preventing you from operating a house of worship yet you're
telling the board that you deserve a variance to have people sleeping three feet away i'm confused
by that testimony so in conflict to me doing worship like you're if you're keeping in
consideration age group that's something you can you can see off the bat um what's going on um
health -wise doing meals you you'll hear from people what what their health with your diet
restriction is based on something they have so we do have some understanding um of the population
that we do serve and some of the health concerns that they have based off of things that are
shared. So that's why we haven't been able to fully use our location. So to sort of sum up,
Ms. Douglas, the testimony has been offered before that there's difficulty in operating
a house of worship use due to COVID -19 restrictions, but somehow those concerns will
not exist to a homeless shelter where you have free people people sleeping three feet apart
right um even with the city three so three feet apart if you're head to toe that is that is
absolutely fine uh six feet apart um head uh if they're head to head uh so it's it won't be a
problem but like i said there will be a deeper dive um during covid that way we are not putting
people who have any underlying conditions at risk. And then we would agree that a homeless
population is, I believe you already used the term, but a homeless population is a vulnerable
population, correct? Yes, but when you're considering different health issues, you would
have to look at other underlying conditions as well. And like I said, that would be a deeper dive
based on what we're planning to do.
And you certainly wouldn't dispute that you could operate,
you would agree that many houses of worship
are operating under the current COVID restrictions.
Do you agree with that?
I agree.
However, they have taken precautions
in terms of making it known
if you have underlying conditions,
just recommending that they do Zoom.
So a lot of places have taken precaution
for people who do have underlying conditions that are more prone to becoming sick all right and
there's certainly nothing stopping chosen 300 from up from implementing those types of
of concerns and restrictions in order to be able to operate a house as well nothing stopping you
so at this time we like we always prefer um with a not to separate anybody um not to and with people
not being able to have internet access to even view the worship online it would just do be do
a disservice just to separate people that way right so you could do a hybrid where you have
Right. So you could do a hybrid where you have people on Zoom listening to your services.
people on zoom listening to your services and you can have
However, we serve a population that are not on Zoom. So that would not apply to us.
Right. But you could certainly implement certain restrictions. So you could operate a house of worship at your property, correct?
You'll be cutting out a large population. That's why we do it at a site that we are outdoors.
So you'll be cutting out a large group from our population from even coming in.
I understand that, but you're certainly not going to deny people who want to practice their religion.
You're certainly not going to deny them the right to serve them in your property, correct?
No, we will never deny anyone, however, we want to make it even, where we're allowing, we're giving people the full opportunity.
So that's why we have our service currently outdoors.
I have no further questions. I do have a question for Ms. Douglas. Notwithstanding the issue of COVID, are there guidelines that need to be taken as it relates to the health department?
does the health department have standards that you have to abide by again notwithstanding covid
covid obviously someday will go away but typically speaking uh this health department in any way
uh interact with you or uh with the clients that you would be bringing in or their standards for
them in terms of food safety um that's that's it right now do you mean for if they're staying
overnight yes we haven't been approached yet but i i'm pretty sure there'll be something
i i would i would think so i just was curious and as far as food safety obviously there are
standards correct yes there is and are as a restaurant um who serves food they have
certain number of staff have to be certified to handle food is that the same
correct the nurse staff are okay thank you mr pressman i have nothing further mr chairman
mark are you rest i have witnesses mr chairman let me let me ask the board if they have any
questions as of now and before we get into mr demarco no questions no mr chair no no no mr
chairman thank you mr demarco please bring your and before you begin i'm sorry uh mr kelly do
you need a break uh mr chairman i am fine if you would like to continue or if you would like to
take a break i'm fine either way marco how many witnesses do you have i believe i have three
possibly more the three that i'm aware of all right let's uh it's 11 40 let's take a 10 minute
break be back at 11 50. thank you okay thank you thank you mr chair
23. working again everyone it is now 11 50. i see mr demarco yes mr kelly our court reporter you're
back I am chair thank you and this I'm doing a roll call confessor you're here yes sir that's your
Tom Tom Holloman yes Mr. Chairman Carol Tenere
And Mr. James Snell, everybody's here. Okay. Full contingent. We're ready to go.
Mr. DeMarco, I believe we were about ready to call your witnesses.
Thank you, Mr. Chairman. I'd like to ask, first of all, I want to mention that the Bishop
Maxwell, who was on the, on this Zoom call today had to go for an 1130 appointment.
He's been at every Zoom meeting and he is, he did submit a letter. What I'd like to do is
allowed to read letters i'd like to have his letter read in he said he would like that
written in the record if possible richard you you fade in and out i know we had this problem
last week i'm gonna buy a mic i'm gonna say spend some money yes yeah i will i think you
racked up enough hours this morning to afford a mic oh my god let's go what i was saying
Mr. Chairman, the Bishop, duly noted, the Bishop Maxwell was set to testify today.
the bishop maxwell was set to testify today he had to go at 11 30 a .m he's been on every meeting
He had to go at 1130 a .m.
he does have a letter i would he asked if it could be read at the conclusion yes but i'll call
okay i'll call bernadette ingrid weish please if she's on please raise your hand virtually miss
white yes i just did hold on miss miss white please please spell your full name
ingrid ingrid bernadette b -e -r -n -a -d -e -t -t -e white w -y -c -h -e do you swear or affirm to tell
the truth the whole truth nothing but the truth I do thank you Mr. DeMarco Bernadette thank you
just explain to the board why you're on this call and why you're uh you have opposition to the
proposed use please in your own words okay when the meeting was hosted by PEC June the 14th
when the votes were taken at that time it was in favor six opposed six abstain nine
then all of a sudden there was 29 more people added
I didn't see 29 people before you go on Bernadette are you a registered RCO your
ward oh I'm sorry yes I'm a registered RCO and I'm the ward leader of the 24th ward
go ahead thank you and um I wanted proof of the 23 participating people and their address
it's PEC had it they should have sent it to me so by PEC saying yes we got it we have 23
participating people live in that area where he sent out the where chosen 300 sent out notice
no response from them to me at all. And to me, I don't know how many people Brian Jenkins
had there at Chosen 300. But I know that vote should have been taken and they should have been
counted at that time and it should have been mentioned not later when it was a surprise
all right and um the work that chosen 300 is doing feeding the people taking care of other
problems with the people i have no problems with that but i do have problems and surrounding
neighbors have problems with 40 men in a basement overnight.
Thank you.
Anything else, Ms.
At this point, that's what I'm going to focus on.
Thank you.
um do you have so there's other people on i mean my client will testify um i would read the bishop's
letter i believe there's a few other people as well um i don't have everybody's name but let's
let's have adam perlman speak and then we'll move to the others
if he could raise his hand virtually mr perlman you can unmute yourself and wait for the chair
Morning. Good afternoon, Mr. Perlman. Please identify yourself with the record and I'll swear you in.
Good afternoon. This is Adam Perlman, owner of 3965 Lancaster Avenue.
We're referring to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Would you please spell your last name?
Perlman, P -E -A -R -L -M -A -N.
Thank you, sir. Please proceed.
Before he does, Mr. Perlman, the address of the property that you own is, does it abut this property?
Go ahead. Thank you.
We've, I was asked a few months ago, I think it was January of 2020, so almost two years ago,
I was asked by the bishop and the owner of the church at 4007 -11 Lancaster Avenue
to hire an attorney to represent the opposition of the community against this homeless shelter.
um the community is strongly opposed to this neighboring building owners tenants
The community is strongly opposed to this.
mr mr perlman you're going to need to speak on your behalf
okay you all you own the property next door correct yes sir what is the current use of
that property? It's a 14 -unit residential building. Please continue. We've been attending
a few RCO meetings here and trying to get more community involvement because the RCOs and the
applicant have not done a good job of informing the neighborhood of what they're trying to bring
here, but the tenants in my building, um, the business owners I've talked to that are
adjacent to this objection. Yep. Again, sir, not, not to be rude. You need to speak on your behalf.
We can't speak on behalf of others. Just say why, why you're opposed, uh, Mr. And what you've
observed and what you've seen? The homeless situation at the 10th and Spring Garden location
for the chosen 300. Objection, Your Honor. You need to speak to the issue on Lancaster Avenue.
If I could just clarify what he wanted to mention, there's a chosen 300 location that
operates a homeless. Well, I would just respond on the record. I understand how the board's
going to rule but he would speak to the operation of the same location by this by this applicant
if that's a it's irrelevant and b they don't they don't have overnight housing there so it's
completely irrelevant thank you besides that objection is distinct so adam just state why
you're opposed then to this use and what you what you've observed with as regard to this location
I'm concerned about the congregation of homeless people lining up every day at six o 'clock
in front of my building and blocking the residential entrances for my tenants
and the neighboring buildings like I've seen at their other location.
I asked about the other location's operations and how that would relate to how this location
is going to operate, and I was told it's irrelevant, but when I drive by the other location,
And there's typically a lot of homeless people on the sidewalk.
There's usually around.
Mr. DeMarco, maybe you could assist us.
State your concerns as to why you're opposed to this location.
The chairman has sustained an objection regarding the other location.
Go ahead and do your own work.
I'm concerned about the safety and security of the tenants in my building.
I'm concerned about the intake process where they take the first 40 qualified people and reject anyone who has a history of violence or is too intoxicated to function.
I'm concerned about these people being left on the street overnight after asking to line up here, thinking that they're going to have a place to stay.
thank you anything else
adam we can't hear you um no that's my primary concern is the safety and security of
the tenants in the area the neighboring buildings tenants and businesses
thank you thank you mr perlman next witness mr chico can i ask a couple questions of mr
yeah i'm sorry sorry about that mr pressman thank you um mr perlman uh the uh the mission
of chosen 300 uh was present at the time you purchased your building is that correct
yes and so you saw people lining up every day to uh to to get meals and get services
at that location. Is that correct? No. They didn't have meals for homeless every night
when you bought the building? Not that frequently, no. Not daily? They didn't have daily meals for
individuals when you bought the building? I'm not sure. You're not sure? Mr. Perlman,
When did when did you purchase the building? February of 2018. Mr. Pressman. Thank you. And when when you went to develop your property, that the mission was there serving the homeless all through COVID -19 to the present. Is that correct?
objection i thought he wasn't they weren't operating because of covid what's what's going on
Objection. I thought he wasn't they weren't operating because of COVID.
you didn't understand the testimony i'm sorry i'll clarify it for you um the missions continued
through covid just not inside chapel uh services okay but they do line up and they do get food and
services um from the the church that's what you were cross -examining uh the applicants witnesses
on. When you developed your building, you knew Chosen 300 was there and it was serving the
homeless. Isn't that correct, Mr. Perlman? I was not aware what Chosen 300's mission was,
but once COVID hit and they started lining up people outside and blocking the entrances to my
building, I did contact 311 and L &I and was told that they're not allowed to legally congregate
and not keep six feet distances from each other and block entrances to
mr perma i don't think you're answering the question so let me ask you this and you purchased
this in 2018 from 2018 prior to covid did you ever observe people waiting in line to have meals
served uh yes a few days a week thank you mr pearl and mr pressman thank you mr chairman um and
despite that and your due diligence before you bought the building you elected to build
by that property and develop on that site objection objection that's not what he testified
to he testified that he observed that after he owned the property not while he was looking to
buy it let's get the testimony straight okay fine mr perlman did you do any due diligence before you
bought the building yes okay and as part of that due diligence did you inspect the building you
purchased in the surrounding neighborhood i purchased a vacant lot not a building and i
did observe the neighborhood i never really saw people lining up and there was never a homeless
shelter in the area what about jamie's place at 40th and mount vernon i don't know what that is
okay it's only a how far is 40th and mount vernon from your property uh we our property
touches mount vernon and 40th correct yeah okay so you're not aware of the uh the jamie's place
which is right around the corner of Mount Vernon from your property?
I've never heard of Jamie's place.
Mr. Perlman, isn't it accurate that you, as part of your project at 3965 Lancaster Avenue,
sought a variance to convert the first floor from commercial use to residential
after you built the building there, is that correct?
objection how is that relevant I wasn't what is the relevance Mr. Pressman well he's they
they object to it saying there's no hardship Mr. DeMarco has spent a fair amount of time
representing Sam in this case making the case that there's no hardship granting a variance
yet that's exactly what his client sought and received from this board but my client's not
asking for a variance I don't yeah I don't think it's relevant this thing
So, Mr. Perlman, you said you don't know what their intake process is. Are you aware that the applicant, Mr. Jenkins, submitted a letter in response to the objections from the RCOs and submitted it to the Zoning Board back in June of 2021?
I've heard the intake process described by Mr. Jenkins a couple different ways.
that's not the question I asked you sir are you aware that he put a written statement in
in response to objections back in June of 2021 specifically addressing the issues you're concerned
about including the intake process that he's willing to abide by as part of this project
to move forward are you aware of that sir well objections you answered but go ahead if you can
Does the intake process description that he submitted say how they're going to help people that they're rejecting and leaving on the street?
The intake process is in writing, and it talks about selecting people that are prepared to transition, sir.
If someone's coming for a meal, they're already coming to the facility, irregardless of the housing.
So they're already on the street in your neighborhood.
so it's not a question of being rejected the people that are selected are based upon the
criteria that they set forth did you have an opportunity to read his written response
i'm not sure you never asked your counsel for it
I'm not sure.
You never asked your counsel for it.
Objection?
Privilege?
It's a yes or no.
Getting a privilege.
He's getting in my communication with my client.
Can't do that.
It's unethical.
I mean, you can ask him if he's seen a letter.
He can't ask what I said or did with him.
That's completely improper, Mr. Chairman.
Mr. Perlman said he's not.
You can ask whether you've had a communication.
It's the substance of the communication that's privileged, sir.
So I'll ask again, Mr. Perlman, did you ever request from anyone, including counsel, to get a copy of Mr. Jenkins' response to the objections that were raised at these meetings with regards to how the program was going to be run that was submitted to Councilman Gutierre's office back in June of 2021?
I'll object, Mr. Chairman.
Was that submitted after the RCO meeting?
Do you know the dates of the meetings?
Yes. In the June 2021 meeting. Yes. He wrote a written response. Are you aware of that, sir?
So after he described his intake process, he changed it from the RCO meeting?
I'm not here to answer questions, sir.
That's not the question. Are you aware of that?
He is answering. He is answering, Mr. Chairman. He's answering.
I'm saying it keeps changing.
At the RCO meeting, we were supposed to be presented the final plan, and now there's a different intake process?
Sir, I'm not here to answer your questions. The question I asked you that I'd like for you to respond to is, did you become aware that he filed a response in face of the objections that were received at the June 2021 RCO meeting afterwards that when letters came in objecting, he addressed those concerns? Are you aware of that?
objection number one this is here's a hearsay letter sent to someone else other than Mr.
Perlman if he wants to ask him whether Mr. Perlman got a letter or whether he's aware of it sir
Mr. Perlman answer the question are you aware of that letter sir I don't know what letter
you're talking about and you never asked for any of the responses from the applicant
Objection. Asked and answered. No, you objected. Not aware of the letter. Objection.
He's unaware of the letter. We'll sustain that objection.
I don't know how difficult it is in up and down question. Yes or no. But he just answered. He's not aware of it.
He's not aware of it because he doesn't want to be. That's fine. Objection. Objection argument.
All right. Objections. No more arguments, folks. Let's go.
I apologize, Mr. Chairman. I have no further questions, please.
Mr. DeMarco, anyone else? Something new and different.
Yeah, Mr. Perlman's finished. Chairman Yakubov, if you could raise your virtual hand.
Mr. Yakubov, you can unmute yourself and wait for the chair.
Yakubov, please spell your full name and I swear you in.
German Yakubov, G -E -R -M -A -N, Yakubov, Y -A -K -U -B -O -V.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do so affirm.
Thank you. Before you begin, I just got noticed we have a hard stop at 1230 p .m.
So I'll just ask Mr. Yakubov to state his relationship to the property and state why he's opposed in his own words.
Thank you.
Thanks. Good morning. So we own about 20 properties within two blocks, the closest one being 3930 Haverford Avenue, which is a stone's throw away.
our headquarters is located one block away at 39th and Haverford. We've been in the neighborhood for
about 15 years. We've seen the neighborhood change and we appreciate the work that Chosen
300 does. However, this specific project, housing 40 people in a basement, is not something that
our tenants want, nor do we want. They keep referencing Janie's Place. Janie's Place is
one block away on, I think it's 40th and Mount Vernon, and it's a 17 -unit apartment building
that's designed for temporary shelter that's ran by People's Emergency Center. It is in no way
comparable to having 40 people in a basement. I've been before this board as a developer many a time,
And every single time I proposed one unit in the basement, I've been denied and there have been provisos that have limited our development to having no living space in the basement.
development to having no living space in the basement to have 40 people in the basement with
To have 40 people.
two bathrooms is is not only unreasonable it is a safety issue and and it can it adds to the trash
that's that's that we pay people regularly weekly to constantly clean up up and down lancaster avenue
as well as haverford avenue so the the fact that they want to sugarcoat this as much as they want
The reality is there are 40 people that are going to be sleeping at night that have to wake up in the morning and leave.
And then that same night, come back again and stay the night in the basement with two small exits that are more than halfway below the ground, below the grave.
So what they want to do is admirable.
It's just not admirable in this building.
you know and the the if they want to use the comparison to jamie's place which was built with
the intent of a housing shelter which was built with with the proper amount of bathrooms the
proper amount of exits and not 40 people in the basement that's fine it's just not if for this
building for this existing structure that was built as a bank more than 100 years ago they
want to use it as a church by all means use it as a church but do not have an overuse of this
building and not only is it an overuse it is an unsafe overuse of having again 40 people in a
basement and it runs contrary to what this board has time and again issued provisos on into regular
development into regular developments whether the building was new construction or existing
So I would urge this board to deny this variance request because it is not a true hardship that the hardship lies within the neighboring properties.
We house over 100 people within two blocks away. The majority of them all oppose such use in this building.
Thank you. Thank you, Mr. DeMarco, anyone else or Mr. Pressman. I'm sorry, do you have any. Oh, yeah, cross. I have no no cross of this witness.
thank you mr chairman gwen lewis if she's available please raise your virtual hand
you see a gwen lewis
i see no one by that name chair you anyone else all right anybody else
raise your hand virtually that please now's the time you want to testify
Chair, we have someone by the name of Sidnor.
Mr. or Ms. Sidnor, you can unmute yourself and wait for the chair.
Hello. Hi, Mr. Sidnor, please spell your full name.
Yes, my first name is Giannis, Y -U -H -N -I -S, last name Sidnor, S -Y -D -N -O -R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you. Please proceed.
Good afternoon, Mr. Chair, members of the board, and those parties that are on the phone.
I am a lifelong community resident of Philadelphia, West Philadelphia.
I am a homeowner, and I am calling in complete opposition to this program.
I'm not a developer with 18 properties or 42 properties.
I'm a homeowner that lives next to older neighbors.
So Mr. Sidnor, maybe I missed it.
What is your address?
4013 Spring Garden Street.
Two blocks.
Two blocks?
Thank you.
Please proceed.
As I said, I'm not a major developer.
I'm a homeowner.
And speaking with other homeowners, I'm here as my representation to say that
I vehemently oppose the project. One, of the health concerns. Two, of what, in my opinion, what I feel will happen, based on what I've seen, will become a great migration of folks from Center City and other parts of the city to West Philadelphia.
I applaud what the ministry is doing. However, with the variance, I cannot see how it will enhance the residents and the community. I just cannot see it.
So I want to just make a statement with regards to the distance of people lying in the bed.
I'm a crazy sleeper.
That's me personally.
I'm sure many of you all can understand.
Sometimes I'm at the head of the bed.
Sometimes I'm at the foot of the bed.
With regards to this distance of people in the beds, are you going to chain the people
and police them as if we're on an airline that you have to keep your mask on?
them as if we're on an airline that you have to keep your mask on will they be police to say oh
will they be
no you got to get up and turn to go the other way i just think there are too many variables that are
involved one i'm concerned about the safety i'm concerned about the safety with regards to the
people leaving early in the morning where do they go so with that being said i know we're at a heart
up at 12 30 i'm just sharing my opposition and please understand that i do support what they do
but not in this fashion thank you anyone else
oh i'm i am hearing that gwen lewis i'm sorry mr chairman i am hearing that gwen lewis is on the
zoom and has her hand raised. I don't know.
Chair, her hand is up
now. Okay. Thank
you. Ms. Lewis,
you can unmute yourself and wait for the
chair. Ms. Lewis, please spell
your first and last name. And I'll remind everyone
it is 1218.
Gwendolyn.
Ms. Lewis, please spell your
first and last name. Gwendolyn.
G -W -E -N -D -O -L -Y -N
Lewis, L -E -W -I -S.
Where are we from to tell the truth, the whole truth, nothing but the truth?
I confirm.
Please proceed.
Yes, thank you.
Thank you for allowing me this opportunity to speak this morning.
On behalf of our community, on behalf of our congregation, on behalf of our pastor, I thank you.
I have worked with Chosen 300 and the pastor and my late husband, Bishop James H. Lewis, on projects in the past.
And I commend him on the work that they have done in the community and feeding the homeless on Mondays and Wednesdays and Friday evening and on Sundays.
And it has been a challenge in doing that.
it's been a challenge to our church when that um work ends when they lock their door
they come to us and we work with them but this what you're trying to do is going to be a tremendous
challenge and a burden on the community it's going to be a burden bringing 40 strange men
into our neighborhoods into that community with children and women single women and children we
have a daycare that's directly across the street from us when you allow them to come because i was
at the first meeting um with pastor when you were sharing with us about this vision you had
and at that time you did not have an a vision of what was going to happen with them when they were
going to leave in the morning where would they go what's going to happen with them the only thing
you had was sleeping quarters for them and then in the morning they're going to roam the community
we don't know them they don't know us now i have been injured by australia i was injured i was
hit in my head i had to go to the police station i'm not saying that they were part of that
but we don't know who they are we don't know who's coming in our community we've been there for 40
years in that area we know the people there we don't know who's coming we're already dealing
with a crack cocaine problem we already know who we have we don't know who's coming
and i plead with you on today don't do this to us let us work what we have we had two months ago
a man that was killed at 9 30 in the morning pardon excuse me the interruption but stick
to the facts about this particular project okay crime crime crime happens pretty much i know but
We know what we have.
We don't know what we're going to get.
Don't bring it to us.
Don't bring it.
We don't want it.
Please.
We're begging you.
Don't bring it to our community.
Thank you.
Anyone else?
I've already called all my witnesses,
Mr. Chairman.
Mr. Pressman, any closing statements?
We are running out of time.
I don't mean to rush you,
but we have standards.
I'll be brief as well.
Thank you, Mr. Chairman and members of the board. I just want to say that there's also been submitted additional letters in support and in opposition by both parties. We want the board to acknowledge them in the record and give them due consideration.
I want to thank everyone for their time. And I want to stress that the property in question here is providing valuable service to the community. These individuals are already in the community. It's not a magnet. They're giving the services already to these individuals in the form of food.
I want to thank everyone for their time.
They're going to select people that meet the criteria to have overnight housing to transition them from homelessness to a position where they'll be able to sustain themselves going forward.
That's the mission here in a nutshell.
There's not an overburdening of the neighborhood.
You heard from the planner.
And there's a definite community need.
The homelessness are already in West Philadelphia.
We're not creating these homeless individuals.
individuals. All of the concerns that were addressed by the RCOs and the members were
addressed by Mr. Jenkins in a direct response back in June of 2021. And no one's come here today
to criticize any of those proposed criteria that he is elected to put forward. He's also willing
to do a proviso that would limit the usage of this facility during the winter months of October to
april and that was something that was requested we tried to enter into negotiations with opposition
but it didn't lead to anywhere but we're willing to live with that proviso there was nothing here
today that was presented on the opposition side with regards to would overbearing that
would meet a standard to deny this variance i want to thank the board for their patience
today in the testimony and the former hearing in June of, in June of 2021. Thank you, Richard.
Briefly, Mr. Chairman, thank you. I would only respond that it's the applicant's burden to prove
unnecessary hardship. That has not been proven. There is an existing and operating use. Current
COVID issues and restrictions are not hardship. It's everything. It's something that all of us
i've had to deal with it does not in and of itself create a hardship to the building
it has an existing use we can use the basement for that use if he so chooses it's his choice not to
i would also just understand the councilman's position i do question the choice of a
coordinating RCO that is homeless advocacy group i think it would have been better served by having
one of the other RCOs do that you have three letters from the other RCOs in opposition i want
to make sure you consider that. I won't read the bishop's letter into the record. I'd ask you,
though, to acknowledge it. He's within the same block. The applicant did admit that they do have
a house of worship at the site. They also admit that they are raising money in anticipation of
receiving this variance. That is the epitome of a self -inflicted hardship. Mr. Chairman,
the use is already there. It's already existing. Nobody's upset with a house of worship at this
location but having 40 homeless individuals in very few windows in a basement with insufficient
bathrooms is a detriment not just to the community but to them and it's very inappropriate for this
community he has not established to cut him into a use variance which is the highest legal standard
he already has an existing use thank you thank you any questions from the board no mr chair
no mr chairman no all right uh i'd like to propose that the record be closed
and the board will discuss it at tomorrow morning's executive session
at which time to render a decision uh excuse me chair this is you got to go to the add -on
yeah i'm sorry thank you actually and just to clarify the board will confer an executive session
and vote the case at the beginning of the 9 30 session but yes since all members are here if we
could go to the add -on. Thank you. Thank you. I know I mess that up all the time. Thank you for
your time. Have a good day. Thank you. All right. MI 2020 -002708, 635 West Alany Avenue.
We had a vote on this. Carol and Tom voted yes. Jim and Confessor voted no. We're re -voting it now.
my vote is yes. Carol Tenere, my vote is yes.
Professor Plaza, my vote is still no. James Snell, my vote is still no. Thomas Howard,
my vote is still yes. Okay, thank you. I believe that completes the 9 30 list.
Does anyone feel that they've not been recognized? Please raise your hand.
hey chair this is time here did we number 10 did we dismiss that
hold on a minute yeah i'm sorry my mistake i apologize tanya is that what you were going
to remind me of yes chair madam vice chair handled it thank you thank you my am i 2021
Thank you. MI 2021 -000332, 906 East Shelton Avenue. Is there anyone here for 906 East
Shelton Avenue? Chair, we have someone by the name of Colford Williams with their hand up.
mr williams please identify yourselves by your full name um call ford williams c -o -l -f -o -r -d
w -i -l -l -i -a -m -s to tell the truth the whole truth and nothing but the truth
yes sir your business please
are you are you here for 906 east chelton avenue yes sir
state your business
um it's 906 um east shelton avenue is this your property um yeah yes do you have this is the third
listing yes sir do you have any exhibits yes my wife gonna also speak
jacqueline williams i'm sorry chair this is tanya may i interject please
um mr williams may i ask uh if you're representing yourself or are you using an attorney
um i'm representing myself okay so did you submit exhibits that was required five days prior
to this hearing via email to the board and sharon salata the attorney yes madam
and you did send that yes madam i'm not seeing it sharon do you see any evidence of that
I do not. I will check again, but no.
Ms. Sunkit, could your staff possibly check as well? I will look for it now.
Yes, Mr. Jason Hand, could you check for that, please?
Chair, if you would allow, Mr. Dennis Lee, who is the expediter, has his hand raised.
Could he just speak to if he was the one who sent the email?
yeah uh but before we get to that mr williams are you an llc or a non -profit
um a non -profit you're a non -profit then you must be represented by an attorney
excuse me chair is the if you submitted a deed does the deed show who is shown as the owner on
the deed as is my son antonio williams i'm sorry you can't go forward we can't go forward
No, I have an affidavit with him that I can support, I can present him.
No, I'm sorry, you cannot.
It has to be either the owner or an attorney for the owner.
Mr. Lee, let's get Mr. Lee on.
Hopefully he heard what was just said and he can advise his client.
Mr. Lee.
And Chair, this is Tanya again, the administrator, just to mention that the wonderful ZBA staff
stated that the documents were emailed
for Sunday after 5 p .m.
Not enough time.
Mr. Lee, please spell your full name
and I'll swear you in.
Dennis Lee, D -E -N -N -I -S
Lee, L -E -E
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
Mr. Lee, I believe you may have heard
just the transaction that went on between all three of us or four of us. Your client needs to
have his son testify. And if it's a nonprofit, they need to have an attorney represent them.
Right. It is not a nonprofit. It's a single owned. I do want to say that the reason why
the lateness of the email was that we were going back and forth with the RCO to get the summary.
and the summary uh if you can staff can verify that even as late as sunday there was a correction
to the rco um and we just we had just met that again like you said it was uh it was a third time
we had just met on september the 28th and that was the the reason why there was a delay all right
Mr. Lee, excuse me, but this is Sharon. Can you tell me if I was, I'm still not finding the exhibits. Was I copied on the email when you sent them in?
Yes, yes, yes you were. And I would just ask that if we could table this until I can confer with them and reschedule this so that they can have an attorney present for their
And reschedule this so that they can have an attorney present for their son.
Mr. Lee, we're going to break with precedent.
We're going to allow you one more continuance, and it must be heard.
Yes, I appreciate that.
Thank you so much.
MI 2021 -000332 -906 East Shelton Avenue is continued.
Must be heard.
i think that concludes the 9 30 list if i left anything else someone please bring it to my
attention wait next time i'll keep quiet but that does conclude it cheer that's all we have on our
end all right folks see everybody back at two o 'clock thank you okay great bye -bye
recording has been restored thank you and yvette we'll give you a few minutes
let us know if you're ready. We're ready, Chair. Thank you. Good afternoon, everyone. My name is
Frank DiCicco. I'm the Chair of the Zoning Board of Adjustment. I'll be participating in today's
hearing along with our Board Secretary, Confessor Plaza and Board Members, Mr. Thomas Holloman and
Mr. James Snell, Board Administrator Yvette Benton, and Board Attorney Ms. Sharon Saleta
are also in attendance, as is our Zoning Board Administrator Ms. Tanya Sunkit. Ms. Tenere
will be joining us in a few more minutes. For those of you who haven't yet participated
in one of our virtual hearings, I'll go through some of the basics of what you can expect.
First, we will be administering oaths to individual participants prior to their testimony.
Second, we like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded and that the recording will be made available to the public on the web or otherwise.
Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.
i'll repeat for anyone participating by phone if you wish to testify you must raise your hand by
hitting star nine and then star six to unmute yourself finally to enter an appearance statement
call google 267 -270 -5548 and leave your email address and the address of the property at issue
i will repeat that to enter an appearance statement call google 267 -270 -5548 and leave
your email address and the address of the property at issue i would like to remind everyone please
do not attempt to testify in the chat any comments questions or concerns should be directed
to yvette benton or board administrator with that i will go to the two o 'clock list
And read off a request for continuances. Number two on our list, MI 2021 -001479, 1433 West Fisher Avenue.
Number five on our list. MI 2020 -001 -262 -321 East Worcester Street. Number 10 on our list. MI 2021 -000591 -817 Ellsworth Street.
there's also a request number eight well let me go through that and then we're going to come back
to number eight because there's a request for rehearing uh we'll talk through that we will
probably decide on a continuance but let's do the those that i read in to be continued
does anyone disagree with those cases being continued
that's 433 Worcester excuse me 433 West Fisher 321 East Worcester and 817 Ellsworth Street
request for any objection chair we have a Mr. Frank Turner Mr. Turner you can unmute yourself
and wait for the chair thank you Mr. Turner please identify yourself spell your full name
um yes my name is frank turner f -r -a -n -k -t -u -r -n -e -r uh i am the attorney for um the owners of uh 2338
north 16th street um i submitted a request for continuance excuse me do you swear a firm to
tell the truth the whole truth nothing but the truth i do thank you please proceed thank you
Thank you. Please proceed.
Thank you. I represent the owners of 2338 North 16th Street.
um i represent uh the owners of 233
That would be ZP -2020 -000854.
And we'd also like to request a continuance for today.
I emailed the continuance a little earlier.
Okay. It was previously, you've been previously continued.
This case was continued on July 20th.
So, MI 2021, that's 000360, 2338 North 16th Street is continued, must be heard.
Thank you, Chair.
Any other requests for continuances that haven't already been read into the record?
If so, please raise your hand.
Any continuance or withdrawal requests, raise your hand at this time.
chair we have hillary emerson miss emerson you can unmute yourself and wait for the chair
good afternoon hillary please identify yourself and i swear you in
good afternoon mr chair members of the board hillary emerson e -m -e -r -s -o -n on behalf of
Councilwoman Sherelle Parker.
Hillary?
Can you hear me?
Can you hear me?
Yeah, we can now.
Okay, I'm sorry.
Good afternoon, Mr. Chair, members of the board.
Hillary Emerson, E -M -E -R -S -O -N,
on behalf of Councilwoman Sherelle Parker.
You swear or affirm to tell the truth,
the whole truth, nothing but the truth?
I do. Okay, I'm here on case number nine on the list, 5734 to 38 Old 2nd Street. There was another case at this address last week. This is a separate case, this shopping center with multiple units.
We are asking that this case be dismissed. It was continued back in July. Mr. DeMarco was representing the applicant at that time, and he has withdrawn his representation on the case based on an email that I received from him.
um and so and we have not our office is acting as the the coordinating rco and we have not
received a request for a meeting um and this we've had some problems with the business at
this location that's seeking to get this variance um so yeah you're requesting a dismissal okay
Okay. MI 2021 -001325, 5734 -38, Old 2nd Street. Is there any objection to dismissal on this case?
Chair, we have several hands up. I don't know if any of them are opposing the dismissal.
please put your hand down yeah unless if you're not here for this thank you
if you're if you want to speak on 5734 vast 38 old second street raise your hand
all others please put your hand down for the time being
there are no other heads at this time chair okay so that case i just read 20 mi 2021
one that's zero zero one three two five five seven three four that's three eight old street
old second street part of me is dismissed professor pros like this this miss
thomas holliman
oh man i we didn't hear you tom
mr holliman we're not hearing you how about jim is mr snow there
yeah i you must not be able to hear me frank uh dismissed okay so it's we got three that's a
quarter that's enough um we seem to have lost time temporarily all right any requests other
requests for continuances or withdrawal on the two o 'clock list
chair we have a wayne maynard mr maynard you can unmute yourself and wait for the chair
the main art please spell your full name and i'll swear you in
Sorry.
i see mr waynard's name next to uh 3353 emerald street
mr maynard please unmute yourself and spell your full name thank you chair um my full name is
wayne maynard it's w -a -y -n -e last name uh maynard m -a -y -n -a -r -d you swear or firm to tell the
truth the whole truth nothing but the truth i do mr chair and you're here on what case
it's 3353 emerald street my 2021 that's 000333 please proceed correct yes i am requesting a
continuance on this one again for several reasons one is for months i've been trying to arrange a
meeting with the Harrogate Civic Association and I have sent out multiple emails left multiple
messages phone messages and have not received a response yet also today I received from my
client's representative who is trying to enter this meeting but is being told he needs a passcode
But anyway, I received from him a list of signatures from local residents in support of this application, but it hasn't been submitted to the board yet.
I would need to do that, obviously, in advance of the hearing.
And also, hopefully, I would hear from the Harrogate Civic Association, which has been nonresponsive.
um let me ask uh sharon and or tanya uh is it possible we can go forward with the case but
hold any decision uh until such time uh we'll put a specific date until such time we hear back from
the rco excuse me chair not in this case we haven't received any exhibits oh we don't have
these i'm sorry okay i did see that all right mr maynard we're going to break with tradition
MI 2021 -000333
Emerald Street is continued. Must
be heard.
Be heard.
Thank you.
Thank you, Mr. Chair. May I be excused?
Yes, you may. Any other requests for
continuances or withdrawals?
I'm sorry, Chair.
This is Tanya, the administrator.
If I could mention
the attorney about herald gate um if they are not able to get in touch with them at the next
continuance they could also reach out to the council purchase office to make them aware as
well as send us letters of their efforts so that we can be able to go pardon the interruption
as soon as you began speaking i lost you i went it went out and just came back on so if you don't
mind okay um i was just suggesting that um if he's unable to reach harold gate by the time of
the next hearing that he reach out to the council person's office to inform them as well as submit
to the rco box letters of his efforts to reach out to them hopefully mr mayner is still on
i think he has to be excused he may not may have left is there any way we can get that message to
him yes we can email him thank you chair thank you tanya thank you um okay any other other requests
for continuance or withdrawals again i will get back to 4520 -40 worth street momentarily
All right, why don't we proceed? I'm not seeing anything. No hands are up.
I believe, I'm sorry.
hi can you hear me yes and you are
please uh spell your full name and i'll swear you in sure augusta a -u -g -u -s -t -a my last name
is o 'neill o apostrophe n -e -i -l -l where from to tell the truth the whole truth nothing about the
the truth? Yes. Please proceed. Thank you. Mr. Chair, I just wanted to let you know my
office had submitted a request to withdraw 1314 North Broad Street. The calendar number is MI
2021 -002025 and Ron
2021 -002025 and ron patterson from my office had submitted that request on september 24th
i just didn't hear it being called sorry what was that address again 1314 north broad street
and that's a two o 'clock listing yeah that's on the letter um that he sent in that it was for the
two o 'clock on our sheet let me check with staff tanya uh sharon anyone have that i think we have
you down for the continuance case at 18 817 ellsworth right and then um i just wanted to
make sure that you got that you had received the request to withdraw this other matter
so if the request came to me then it was taken care of that's why it's not the stick
um so we don't have it on here today okay all right thank you so much thank you we'll be
talking to you shortly okay any other requests for continuances or withdrawals
there are no hands at this time chair all right we'll address worth street when we get to that
on our list. First case on the two o 'clock list is MI 2021 -003372 -10169 Northeast Boulevard.
This is an appeal against L &I.
Chair, we have Mr. Leonard Reuter.
Reuter, please identify yourself, and I'll swear you in.
Chair, this is Sharon. I was going to say that we don't have exhibits for this, but
I believe we were expecting that the appellants who are the prior
property owners were going to appear to request that it be withdrawn.
uh mr reuter did you hear that uh i just i just got re uh placed as a as a panelist here so i
missed the first part of that let's do this first give us your full name i'll swear you in
sure uh may it please the board leonard f reuter that's l -e -o -n -a -r -d middle initial f
uh last name is r -e -u -t -e -r uh senior attorney for the city of philadelphia
you were firm to tell the truth the whole truth nothing but the truth i do
mr reuter this is sharon if um it might make sense for us to see if the opponents are here
because if they are indeed going to withdraw them it might not be necessary for you to
make any argument sure all right is there anyone here for uh 10169 northeast boulevard
if you're out in the audience please raise your hand
i see no hands share thank you sharon are we okay to dismiss this yes i was just going to say in
alternative you could dismiss if mr reuter would like to put something on the record though um
this is tanya i'm sorry to interrupt would it be okay to withdraw um because i received
documentation from the previous applicant stating that they're no longer the owner
sure if you wanted to i don't think there's any really practical difference between it but
of course um if they sent you something indicating that they wanted to withdraw
then that would be sufficient. Thank you. If I could just ask the withdrawal was requested by
the same party that filed the appeal, right? From the applicant who was previously the owner
and now they've sold the property and that was why I requested a withdrawal just to be on the
safe side. In case it was an appeal against a violation. I didn't want it to affect the other
person, the new owners. Okay. I mean, you know, again, I think the only distinction would be
a dismissal. Theoretically, they could ask for reconsideration
or ask for a new hearing, whereas a withdrawal, I think, would be pretty much permanent. I don't
think they could back off from a withdrawal, but I'll leave it to the discretion of the chair.
uh well it sounds from the documents that tanya just spoke to and sharon that
withdrawal would be appropriate if anyone disagrees please chime in
i don't see any so mi 2021 -003372 10169 northeast boulevard is withdrawn
one zero one six nine northeast boulevard is withdrawn
uh having said that we will now go to number three thank you number three on our two o 'clock
list and that's a companion to the number two on the 9 30 list so i'll read them both on
for the record mi 2021 that's 000459 1502 west area avenue and there's a letter of support from
the 13th ward and the other companion piece to that is mi 2021 that's 000458 1504 west area avenue
That application has also received a letter of support from the 13th Ward RCO.
Having said that, Mr. Clinton is the attorney of record.
Please identify yourself.
You're still under oath from earlier today.
Good afternoon, Mr. Chairman, members of the board.
Henry Clinton, Queen Memorial Building, 1313 South 33rd Street,
Florida QPA, 19146.
Here on behalf of 1502 and 1504 West Erie Avenue.
Ms. Tenere has some questions for you, but I thank you again for agreeing to combine these two cases. Thank you.
Hi, Mr. Clinton. Do you agree to waive the reading of the refusals and stipulate to their accuracies?
Have you emailed the exhibit packet with the required documents for both of these cases?
That would include proof of ownership, tax compliance, a copy of the refusal or referral,
vote is under plans of the property five days in advance of this hearing and have you
contacted strike that have you met with the rco and do you have a letter yes to all the above
okay great you may proceed
is that visible mr chairman not yet well part the introducing the zoom apps
there is a screen up but
there you go your calendar's up that's good that's good if you can enlarge that and block
out the other stuff behind it maybe
yeah but on the right hand side of our screen we still have
tools some of the tools that's better okay we can go with that all right uh so this is
for 1502 and 1504, and Mr. Chairman, as you mentioned, these are companion cases. They're
side -by -side, long vacant lots on the 1500 block of Erie Street. This is my table of contents
containing Exhibits AA through A10, appearance statement, refusal. So both refusals are basically
the same. We're asking for a multifamily in an RSA 5 zoning district because, as you'll
see from a chart that I will show you later on in the presentation. Most of the homes, if not all
the homes on this particular block are already multifamily. They're huge lots. And historically,
they have been multifamily despite the RSA zoning designation. So the one refusal is for use.
Proposed multifamily is not permitted in the zone. This is a refusal for 1502. This is a refusal for
1504, basically the same issue. However, on both applications, we asked for four units,
but in negotiations with the community group, this was lowered to three dwelling units.
And that's what we're requesting for each property. And that's why there's a proviso form for
a change for both properties and those proviso forms and revised plans are attached. This is a
letter that we received from the designated RCO for what we requested was three units in the
property and initially as it indicates in this letter we met with the community we made some
changes to the community and Mr. Korn from the 13th Ward issued this letter and this letter
is a letter of support as is indicated in the last paragraph there. Approve the revised presented
zoning variance for the project. These are aerial photographs just to give the board a perspective
on the property. This is Urie Avenue. These are again two long vacant lots. The lot sizes are
are pretty large, basically 19 by 97,
as are all the other lots on the block.
Again, a view of the front of the vacant lots.
Again, a view of the front of the vacant lots.
Here's our proviso form indicating
that the pilot houses were replaced
and with open stairwells
and we reduced the units from four to three.
These are the revised plans.
These are some more aerial shots
to show you where the open lots are.
But here's a key document for the community
as well as for the board.
just reducing this so i get everything in here the the project is in red right here again it
says four dwelling units but we're requesting three and if you look at the key every blue
space everything that's colored in blue is multifamily some are three some are two some
are commercial with two commercial with one but basically on erie avenue here simply because of
the size of the homes. It's really a large home for just a single family. And that's why almost
everyone on the block, save one on this side of the block, has been converted to multifamily.
And that's really the majority of the uses on this block. These are the floor plans. I can walk
I'm taking a picture of a world picture.
Basically, three units basement and first floor will be one unit.
That's a one bedroom, one bath. Second floor.
Again, this is two bedroom, one bath.
And the third floor is two bedroom, one bath with access to rooftop deck.
But again, the pilot house was removed.
And this is an internal stairway that leads to the rooftop deck.
these are the front elevations which the architect i think did a very good job in trying to blend
new construction with the with the old uh it's a difficult task especially because of the arch
windows and the pediment heads but if you can just see the windows do line up we have a little
entry entryway here which mimics next door
and this is the rear of the property the party board siding and a nice double door leading into
the yard side view indicating that the utilities meters gas meters are on the side of the house
both homes are not protruding or visible from the front of the street and you can see if you're
looking at the side of the property there's no piled house roof everything this is the
internal stairway leading from the third floor to get to the roof the rest of the documents are
again the typical documents that you see and i was questioned by this scenario in the beginning
whether i had these things attached and they are you have the deed the letters tax certification
etc so in conclusion basically because these lots are extremely large we have a unique physical
characteristic on these lots which really do not warrant not feasible for a single family home as
evidenced by the remaining properties on the street on that side of the street all save one
or multifamily there's no alteration in the essential character of the neighborhood because
the neighborhood is multifamily there's no impairment of adjoining properties and it's
not detrimental to the public welfare and frankly it's in harmony with the community
and in harmony with the community wishes as evidenced by our letter of support
So with that, I would rest and certainly entertain any questions from the board or anyone else.
I'd like to have your client that adopt your testimony.
Yes, Mr. Chairman.
John Bouillieu is on the phone, on the call, rather, I believe.
B -E -A -U -L -I -E -U.
Mr. Bouillieu, you can unmute yourself and speak now.
sir please spell your full name and i'll swear you in j -o -n -a -t -h -a -n -e -a -u -l -i -e -u
we're firm to tell the truth the whole truth nothing but the truth
i do please proceed mr clinton mr bill you were you on the call when i presented this project to
the board yes and would you have you had the opportunity to testify adopt my testimony as
your own and as true and correct yes thank you very much thank you questions from the board
no mr chairman no no um anyone else would like to testify in this case please raise your hand
good afternoon chair this is charles richardson from the office of councilwoman cindy bathroom
312 city hall you're still under oath from earlier please proceed
yes mr chair uh councilwoman has no opposition to granting these two variances
Yes, Mr. Chair. Councilwoman has no opposition to granting these two variances.
Thank you. Anyone else to testify?
Chair, we have Mr. Brian Dressler.
Never mind, Chair. Okay, his hand is back up.
Mr. Dressler, you can unmute yourself and wait for the chair.
Mr. Dressler, please spell your full name and I'll swear you in.
while we're waiting for mr dressers anyone else to testify in this case
there are no other hands at this time chair uh planning commission
hi mr chair and members of the board this is mason offsen representing the planning commission
please spell your full name sure m -a -s -o -n -a -u -s -t -i -n or for him to tell the truth the whole truth
nothing but the truth i do thank you please um while this property is zoned for single family
residential it is indicated for multi -family residential use in the city plan the application
would be by right under the provisions of the zoning district that is recommended in the adopted
district plan and therefore pcpc staff has no objection to the granting of the variance
Thank you very much. Mr. Clinton, how many pages? One page per property?
Yes, Mr. Chairman.
Okay, thank you. MI 2021 -000459. 1502 West Area Avenue. My vote is yes with the proviso.
Revised plan, one page approved today.
Carol Tenere, my vote is yes with Proviso
Professor Plaza, yes with Proviso
James Snell, yes with Proviso
Thomas Holliman, yes with Proviso
MI 2021 -000458
1504 West Area Avenue
My vote is yes with Proviso
revised plan one page approved today carol tenere my vote is yes with proviso
confessor plaza yes with proviso james snell yes with proviso thomas holliman yes with proviso
thank you we'll now go to case number seven mi 2021 -001687
4140 West
Gerrard Avenue
Michael Mattione is the attorney
of record Centennial
Parkside Community Development Corporation
sent a letter of support
as did the Viola Street
Residents Association
they've all sent letters of support
with revised
Chair Mr. Mattione is coming
back and is a panelist now
Thank you
Good afternoon, Mr. Mattione. When you get on, please spell your full name, and I'll swear you in.
Good afternoon, Mr. Chairman.
Michael Mattione. That's M -A -T -T -I -O -N -I.
federal reserve bank building 100 north independence mall suite 5a northwest philadelphia
19106 you'd swear or firm to tell the truth the whole truth and nothing but the truth
i do thank you uh ms tenere has some questions for you yes i'm mr mattione do you agree
to waive the reading of the refusal and stipulate to its accuracy yes i do have you emailed the
exhibit packet with proof of ownership tax compliance refusal referral photos under plans
of the property five days in advance of this hearing and have you met with the RCO and do
you have a letter? Yes. Thank you. Thanks. You may proceed. Sure. Thank you. Good afternoon. Again,
I'm Michael Mattione and I am representing Eugene Nidovich. He is the owner and developer of
this property at 41 41 40 west gerard avenue and again we have provided support letters from the
two rcos revised plans revised plan form tax clearance floor plans renderings and the support
petition also signed by 14 nearby neighbors the revised plans were as a result of several meetings
with the rco rcos and they requested a couple changes one that we reduced the proposed
RCOs and they requested a couple changes one that we reduced the proposed number of units from
15 to 12 and that we add a front porch to the property.
Just flipping first to the support letter from the RCO as you can see Centennial Park side supports
the applicant's variance for the case with the change to 12 units and the only variance requested
It is for the number of units where we're requesting 12, and 8 are permitted.
If I flip down to a revised plans form, as you can see, it's a change in number of units down to 12,
and an addition of a front porch.
If we go to the renderings,
there's our property it's got a red brick facade largely with some
panels on the sides and there is the front porch as you can see several of the properties on
my short avenue have front porches but not every one but the older properties generally have
front porches so the rco asks that we add a uh a front porch we have a couple
shots of the renderings just showing the context on that side of um jordan avenue
this is a uh vacant lot as you can see right now it's a vacant lot
and we're seeking to develop the vacant lot
and the surrounding properties are virtually all multifamily.
Here is, scroll down just a little more, this is Girard Avenue.
That's our property.
Across from it, there is a car facility, a funeral home and a church,
but everything else is multifamily.
We're talking five, six, seven units per property.
This is a double -wide property. It's two lots.
Every other property is a single -wide property, so that's why we're requesting 12 as part of the development.
Our floor plans come in.
This is the front of the property.
Every floor, there's one, two, three, and four. Each has three units.
On the first floor, though, you have a smaller unit in the back, a studio, and a one -bedroom,
and then you have a mailroom and bicycle parking so that there's places for people to pick up their packages, et cetera,
and there is the front porch, and like I said, we did revise it to come down.
On the second, third, and fourth floors, you have two one -bedroom units and one two -bedroom unit in the rear.
again we also have 14 support petitions and the letters of support from the RCO
and this is a double wide property it's about 3 ,400 square feet we do meet all the dimensional
requirements for the property the height open area rear yard the bulk is meets all the requirements
these are relatively large units anywhere from 500 to nearly a thousand square feet
there are other properties that have six units on the street but they're single properties this is
a double wide property that's why we're requesting 12 units down from the original 15 after our
multiple meetings with the rco and adding the front porch mr knightovich the the owner of the
property, has a long track record of responsible development in the area. He owns eight other
properties on West Sherwood Avenue. People there like him. He charges modest rents. He's a well -respected
developer, and he's always worked with the community, and he's part of this community.
Again, it's all multifamily properties. Variants won't alter the character of the neighborhood.
It's multifamily use, and that's what everybody has. It won't endanger public health. It might
It will benefit it by having this vacant property developed.
It could stop illegal dumping.
It won't impair light and air to properties.
We meet all of the dimensional requirements.
It won't have an adverse impact on anybody in the area.
It will actually benefit them by taking away the possibility of illegal dumping and stuff like that.
dumping and stuff like that.
When Mr. Nidovich bought the property, he had to spend several thousand dollars.
When Mr. Nidovich bought the property,
he had to spend several thousand dollars just to clean up the lot
because it was a mess.
Again, that's what we're seeking, and we do have,
and we worked with the community a great deal
to come up with this proposal.
I would like to call on Mr. Nidovich.
Eugene Nidovich.
Thank you.
Mr. Natovich, you can unmute yourself and wait for the chair.
Mr. Natovich, please spell your full name.
Eugene Natovich, E -U -G -E -N -E.
Last name is N -A -Y -D -O -V -I -C -H.
We're firm to tell the truth, the whole truth, nothing but the truth?
Thank you, Mr. Mariano.
Thank you, Mr. Chairman.
And Eugene, did you hear my comments to the board?
I did.
And are they true and correct?
They are.
Do you have anything else you would like to add to my comments?
Just that we also have on -site trash storage that it's outside and it's accessible through a front, not just through the back.
It's completely closed off, so it's not intruding in any right -of -way or anything like that.
we have multiple properties immediately in the area and we not only charge modest rent but a lot
of the rent even though we can charge more we charge a lot of local residents significantly
less rent by up to 30 40 percent below market rate and virtually never raise rents on anybody
which is a big reason why we have a lot of support in the community
and a lot of long -term tenants not just tenants that you know stay for a year and then move on
I just want to point out, there is your trash area as well.
It's on the floor plan.
That's correct.
Thank you.
And do you adopt my statements as your testimony, Mr. Nidovich?
Thank you.
Nothing for you, Mr. Chairman.
Questions from the board?
No, Mr. Chairman.
Anyone else would like to testify in this case?
If so, please raise your hand.
There are no hands at this time, Chair.
Thank you, Planning Commission.
Mr. Chairman and members of the board, this is Mason Austin from the Planning Commission.
One moment, I'm sorry, I have the wrong spot.
This property is designated for residential multifamily use in the comprehensive plan
and is zoned in accordance with that recommendation.
Whereas eight units would be permitted by right on these two lots,
An additional four for a total of 12 could be earned by participating in the mixed income housing bonus program.
By awarding this variance, effectively, the board would be granting the extra units without the provision of the public benefits that the code already requires to earn those extra units.
Therefore, the Planning Commission requests that the requested variance be denied.
Thank you.
Mr. Marcioni, you have revised plans?
yes one page mr chairman page thank you mi 2021 -001 -687 -4140 west gerard avenue
my vote is yes with the proviso revised plan one page approved today
carol tenere my vote is yes professor plaza yes with proviso
James Smell yes with proviso
Thomas Holloman yes with proviso
thank you we'll now go to case number eight
MI 2021 -001682
4520 -40 Worth Street
Mr. Mulvihill I believe is the attorney of record for the applicant
Justin Crick is the attorney for the RCO
there is uh unless it's been received lately there was no letter yet from the rco
mr mulvihill was requesting a hear and hold the rco is requesting a continuance
uh we had conversations earlier mr mulvihill with staff we believe that the right way to go would
be uh i believe and correct me if i'm wrong tanya is a continuance and tanya will do everything she
can to accommodate a hearing after a continued hearing shortly after the next RCO meeting.
Chair, this is Sharon. Could we also check to see if Mr. Crick is present so perhaps he could
give a potential date for the RCO meeting? Mr. Crick, are you available?
I do not see him.
I do not see them listed.
Well, we don't know one.
Or perhaps a representative from the RCO, if anyone is here.
We do have the council person's rep Sloan folks available, if you wish.
Yeah, let's get Sloan on, and then we'll see what he has to say, and we can take it from there.
Mr. Folks, you can unmute yourself and wait for the chair.
Thank you, ma 'am.
Yes, my name is Sloan, folks.
S -L -O -A -N -E -F, as in FIRE, O -L -K -S.
Office of Councilman Maria Keone Sanchez, room 508 City Hall.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do. Thank you very much.
Good afternoon, Chairman Chico, ZBA board.
I do know that the Frankfurt CDC, Frankfurt NAC, RCO, have planned,
generally holds the meetings on the second Thursday of every month.
I believe that this project is scheduled to be received on the 14th, Thursday, October 14th, unless something changes.
That's the notes that I got from the last meeting that they had, or from the last internal discussions that they had with them.
Members of the board, may I?
This is Leo Mulvihill for the record.
Yes, I was just going to ask you.
Yeah, please. I need to swear you in.
Leo Mulvihill, M -U -L -V -I -H -I -L -L, 315 Green Street, First Store, Philadelphia, 19123.
You swear for him to tell the truth, the whole truth, nothing but the truth?
Thank you.
You heard Mr. Folks and you heard my comments, so please proceed.
Yes, first off, I think there's a misunderstanding with respect to Mr. Crick.
Mr. Crick represents an applicant for the same building, but a different space, I believe, for tomorrow for hearings.
I think there may have been some crossed wires.
I'm just reviewing my email now between Ms. Zuleta and Mr. Crick.
I apologize, Mr. Mulvihill.
I was confused because he was writing to us about the same property.
Thank you.
Same building.
Right.
So that said, I don't think there's an attorney.
Second, I haven't had any information from the RCO with respect to being put on their schedule for this month. We had been scheduled a bit ago, and then that meeting was canceled. I think that meeting was originally scheduled before. I might check my notes.
august 12 um at 5 p .m i had sent notices for that meeting but the day of it was canceled for
whatever reasons and i just haven't had a a set meeting date yet with the rco and i wasn't aware
that we're supposed to be on the schedule for i believe next thursday i haven't heard that
from frankfurt nac well you're hearing it from the councilwoman's office uh if i'm sorry folks
if i may um uh mr movil um i'm more than happy to i will actually i'm going to have a discussion
with the rco tomorrow i'm more than happy to follow up with you tomorrow afternoon okay
prior to our getting caught up in zba so let's we can talk tomorrow afternoon um and we can make
any confirmations on meeting dates and times then no and if that's if that works for you uh mr
mulvihill um and i'm i'm going to ask miss sunkett to weigh in we can uh you get an agreement with
mr folks you get a date whenever that is next week or the week after we can get you a date
more quickly than normal on a continuance yes this is the second this is the second listing
um that's why we're trying to get this moving along as you understand chairman yeah understood
good tanya yes that is correct chair mr movahill can reach out to me and we can work together to
schedule a good date for him okay that's a that's a cleaner way to go rather than hearing it and
then maybe some adjustments after the rco meeting so uh you'll work with miss sunkett on getting a
date as soon rather than later and any objections to that if there are none i don't think we have
any other cases to be heard on the two o 'clock list is that accurate yes chair we're all done
that seems today okay any other unfinished business does anyone feel as though they've
not had an opportunity to be heard please raise your hand
i see no hands at this time chair okay thank you everyone i appreciate your work again as usual
i see no hands at this time chair okay thank you
and we will see you tomorrow morning take care guys good night
take care everyone have a good night
Thank you.