Okay, and we are live here.
Thank you.
Thank you.
Okay, we should be ready to go.
Thank you.
Good morning, 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 Vice Chair, Ms. Carol Tineri,
Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James
Snell.
Board Administrator, Mr. Jason Hand, and our Board Attorney, Ms. Sharon Saleta, are also
in attendance.
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, I'm going to shut my phone off.
Second, I would like to advise everyone that this proceeding is being recorded
and that by participating, you acknowledge your agreement to be recorded
and 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.
And I'll repeat that as well.
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 would also like to remind everyone please do not
attempt to testify in the chat any comments should be directed to our board administrator
mr jason ham with that i will read the request for continuances of the 930 list they are as
follows pardon me mi2020-991574 2500 north 31st street number eight on our list mi2020
dash 003149 4114 cambridge street number 10 on our list mi 2020 dash 001 253
5432 vine street number 14 on our list mi 2020 dash 000066 6415 harbison avenue
and a late entry was MI 2020-002-267-533-Montgomery Avenue.
If anyone disputes any of those cases that were read into the record to be continued,
please raise your hand at this time.
Only if you have a concern about the cases I just read into the record.
Raise your hand at this time.
I see no hands at this time, Chair.
Thank you.
Would anyone now like to request a continuance or withdrawal?
If so, please raise your hand.
You want to request a continuance or withdrawal at this time for the 930 list, please raise
your hand.
Thank you.
once again sir i see no hands thank you very much uh we will now go to carol because i'm not going
to be able to vote on the first one we'll go to the add-ons okay calendar number am i unmuted yes
Calendar number MI-2020-000-383-2810, Frankfurt Avenue.
And I want to first confirm that Mr. Folks and the applicant's attorney, William Schwartz, are present.
sloan folks and billy schwartz
i see that mr folks is here but mr schwartz doesn't appear to be here could we um move us
back just one case so that i can try to contact mr schwartz yeah i heard i'm sorry i thought i
heard tanya earlier say he's going to call in um i offered him the option of calling in
on my cell phone and I would put him on speaker.
I'll try to reach him now.
Okay, let's go to number two then on the resumption.
Calendar number 002681
4320-22
Germantown Avenue.
The attorney
is Vern Anastasio.
Vern Anastasio has been promoted to panelist.
Okay, Frank, that's you.
Good morning, Mr. Anastasio. Please identify yourself as a record and swear you in.
Good morning, Mr. Chairman. Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut, Suite 1006, Philadelphia, 19107.
You swear and affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
This is a resumption hearing. We were waiting to get some feedback from the RCO.
Yes, sir.
I have that feedback.
Let me just pull that up for you.
As you can see, it was unanimous non-opposition for the variants.
And if you recall, we were asking for a three-family dwelling.
that's that's still uh the the ask is three family correct
that's correct and i understand that planning supports but why don't we do this
um is there anyone that's what we were waiting for was feedback correct that's correct you
were waiting for the rco to weigh in yeah i think that planning supported it but why don't we get
them back on the record again anyway. Planning Commission? Thank you. Good morning, Chair DeCicco.
Ian Hegarty for the Philadelphia City Planning Commission. Are you swearing to the firm to tell
the truth, the whole truth, nothing but the truth? I do, sir. So for this case, the comprehensive
plan recommends the property for commercial mixed use. There's a documented history of single family
use in the property dating back to 1981. However, we don't believe it'd be reasonable to expect the
applicant to convert the ground floor from residential to commercial. And so we recommend
that the board grant the proposed variance.
You have no idea what's going on. I have to go out and come back in.
well i'm sorry am i 2020 i'm sorry chair if i could interject a thought i'm uncertain
if it's for this case or not but we do have charles richardson representing the council
person's office and what we allow him to speak yes please
mr folks are you here on germantown avenue mr richardson oh mr richardson i apologize
the charles richardson from the office of councilwoman cindy bass room 312 city hall
yes i'm here to affirm to tell the truth the whole truth nothing but the truth
i do uh as the rco has no uh opposition to the uh granting the variance then the councilwoman
has no opposition as well. Thank you. Anyone else to speak on this case?
no other hand at this time sir thank you mi 2020-002681 4320-22 germantown avenue my vote
No other hand at this time.
is yes are there any provisos ver no thank you my vote is yes my vote is yes my vote
as yes thank you very much uh number three on our list mi2020-003086 1231 federal street
uh i believe sharon uh we're going to need you to weigh in on this please
yes there's going to be another hearing scheduled a resumption hearing
in order for the law department to participate since it now appears to be an appeal against
L&I arguing that this is a non-conforming use.
Ms. Sunker, do we have a date or should we just send notices?
Is Mr. Miller aware of today's proceeding that we were going to continue?
He understood that you were going to discuss it in an executive session and then
and announce whether another hearing is required.
I don't even know if he's on.
Do we need him to participate?
Not necessarily.
He can participate at the next hearing.
He's familiar with what's going on,
and I suppose he'll inform his client.
I'll email him.
So we can do the May 18th date that Tuesday?
at 9 30 and this case can be put on at that time it's also the day of another special
okay good it's the packer avenue and it would be this one and maybe another one
thank you tanya you're quite welcome uh mi 2020 that's zero zero two seven five six one five one
one south 15th street my vote is no to request for reconsideration and rehearing my vote is no
for request for reconsideration and rehearing no to reconsideration and rehearing no to
reconsideration and rehearing no to reconsideration and rehearing okay i believe we can go to the
with the regular list now we we're ready for that tanya and sharon unless sharon has mr schwartz
no i i'm trying to reach him still um i'll check the attendance list again to see a piece
okay then i'll call the first case calendar number 2206 1370 south 46th street the attorney
is Leo Mulvihill.
Leo, are you present?
Mr. Mulvihill, are you present?
I know that he is planning to be here because he texted me not long ago to ask where he was on the 930 list.
So maybe if we could move this back as well.
Yeah, let's go to number two.
Okay. Calendar number 0019, 2100 South Opal Street. The owner is Tai T. Lee.
There are no exhibits. It's the fourth listing.
Is there anyone here for 2100 South Opal?
see no hands mr chair thank you so mi 2020 that's zero zero zero zero one nine
two one zero zero south opal street my vote is to dismiss email him my vote is to dismiss dismiss
dismiss calendar number 31 hold on one second carol hold on a second okay shaman muted finally
okay she was she didn't mute herself for a minute okay okay calendar number 3130
207 West Wildey Street the attorney is Frank Turner Jr.
Mr. Turner has been promoted to panelists.
Mr. Turner.
yes can you put your name and address on the record and spell your last name please
certainly um my name is frank turner mr turner could you get closer to your microphone or
increase the volume yes i can is that better not much okay um bear with me one second
i turn up the volume i believe the volume for the app is turned up all the way but i'll turn up that
volume on my computer as well is that any better uh not really okay i'm about as close as i can
get i'll just uh i'll speak i'll do my best to speak up if that's all right that works better
there you go great great okay name and address and spell your last name please certainly uh my
name is frank turner uh my address is uh 30 south 15th street uh 15th floor uh philadelphia uh 19102
and my last name is spelled T-U-R-N-E-R.
Do you swear or affirm to tell the whole truth
and nothing but the truth?
Do you also agree to waive the reading of the refusal
and stipulate to its accuracy?
And have you emailed the exhibit packet
with 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 the RCO
and do you have a letter?
um yes to uh all of those questions okay you may proceed thank you so what we have today is a um
a single family home located in the northern liberties area it is um butting up against
a grocery store i believe a giant uh grocery store um it was built in the last few years
and all of the...
Mr. Turner, excuse the interruption.
Do you have any exhibits you can be sharing with us?
Yes, I do.
And I can share my screen.
Bear with me one second here.
Just pulling up the plans and the photographs.
and um share screen
okay and is that something that you guys can see this um
Yes, plans that are presented here. Great. So this is a single family home as it exists. I'm working on getting the photograph of the of the of the building as it exists. It's a three story house. It's on an extremely small lot that is about 20 feet deep.
And because of the small size of the footprint of the property, there is an existing spiral staircase going up to the third floor that's not very sturdy or safe, according to our architect.
and so the solution that they've come up with is to build a second structure next to the building
that's taking up the 25% open area in order to put a compliant stairwell.
And if you guys can see the screenshot, one second here.
and so here's the existing building if you guys can see my my shared screen yes
yes and as you can see just to the right of the building the east portion of the property
is a small open area you might note in the back in the rear of the building
it does not comply with the nine foot rear air.
um uh nine foot uh rear area mainly because um the grocery store uh property abuts directly
against it and it can't really go back any further than that um it might have been refused for that
reason however it was already um in that condition as are um the other four block the other four
properties on that side of the block right there and uh so that's so in in short the
hardship that we are um contending with is the is the sheer is the size of the um
of the footprint of the lot and in order to maximize the space we're adding a fourth story
by right and also a roof deck by right however the 25 open area has um is being taken up by this
new staircase and uh if uh if the if it would um help the board with their decision i can uh
have Eliza Lanzuti, the architect, answer a few questions about the property and the plan,
and I am looking to see if she's in the list here, and I'm not sure that I see her. Eliza,
are you there? There she is. Yes, I'm here. Good morning, everyone.
um thank you good morning eliza and so can you um talk a little bit about let's excuse me let's uh
get uh your client's full name please certainly can you um can you uh let the board know your
your full name eliza and uh can you spell your last name for them sure so uh i i'm the architect
for this project. My name is Elisa, E-L-I-S-A, last name Lanzuti, L-A-N-Z-U-T-T-I.
Do you swear to affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Turner.
Thank you.
And so Elisa, if you can tell the board a little bit about the existing staircase
and how safe you believe that it is. Sure. So if you go on the next slide,
please. Thank you. Okay. So this is the condition of the existing staircase that is currently,
as you can see in this presentation board, at the upper left side of the board, we have an
existing condition and the red hatched area is showing where the existing stair is located.
As you can see, it's a semi-spiral stair. During the survey of this building, we had a little bit
to climb up from one floor to the other. And so when we add a four-story, as Frank
mentioned by right to this building. We will have to provide a new compliance stair. But then we
look into can we improve the condition of this property by providing this new stair, new compliance
stair all the way down from the basement to the upper floor that we are adding. And we look at
the impact of that change and that alteration. And that alteration is not only improving the
condition of this house because it's safer, but also the use because as you can see in this
staircase, it's difficult to bring furniture up and down and it's not very easy to move
up and down on different floors.
So we look into the impact of having this there
inside the existing building footprint.
And as you can see, it's kind of taking a third
of the entire floor space, limiting considerably the use.
So if we need to locate a bathroom at one level,
there will be not much space to have a proper bedroom. Also because the current shape of this
building is almost square. So by adding this there, we restrict very much the usable space
in one direction. So we looked into moving these stairs on the just on the
side of the existing building in the current open space and as you can see
As you can see from the existing condition, the existing open area right now is 18% is the area shown in green, and there is an existing one-story structure that is not in very good shape.
from the existing condition,
We are looking to demolish that one-story structure.
Thank you.
Yes, please, the next slide.
Okay, do you want to go to the next slide? Yes, please.
Yes, perfect. So what we are proposing here is to move the stairs on the side of the existing
building to be able to provide a new code-compliant stairs from the basement to the upper floor
and keep an open space of 12% whatever is left in green shown here. As you can see,
if you compare this property, this lot to other properties in this area with the same zoning,
this property is quite compact. The lot depth is more or less 20 feet, so we cannot meet the
setback required from the back property line because the back property line is currently
just matching the rear wall of our building or is the depth overall is 20 feet and the
stair more or less will occupy 14 of those feet. So we have presented this to the RCO
and we described this idea, and they seem not to have concerns, except that from the
rendered image that you see in this presentation here, we have changed the façade, and in
the latest documentation that you should have, you should have the façade with the brick
um to comply with the rco request um to make this building blend a little bit more
with the the nature and the character of the neighborhood
um mr turner do you have any your client uh to adopt your testimony if not that's fine
yes i believe that um i believe that uh uh tyrone des reyes is or dos reyes is is here
uh a little hard a little difficult to hear you the um uh the owner of cross wildly properties
i believe that he's um well if he's on we can get him a swear i'm in to adopt your testimony
um yes uh tyrone are you are you present you may not be what is his name his name is uh tyrone
dos reyes um t-a-i-t-a-i-r-o-n-e if he's not on as an officer the court will will stipulate that
your client would have adopted your testimony yes any questions from the board no no no
would anyone else like to testify in this case if so please raise your hand
Mr. Chair, I believe Mr. Ray
Tyrone Ray is available but didn't raise his hand or whatever for
not reason.
Well, I think we already agreed to adopt his testimonies.
Anyone else?
Wait, I'm sorry. Mr. Ray's
hand is raised. I'm allowing him to speak right now.
hello yes good morning sir please identify yourselves by your full name
good morning everyone my name is tayroni those race i'm the owner of 207 wildly street
you spell your full name please t-a-i-r-o-n-e last name is those race d-o-s space r-e-i-s
do you swear and affirm to tell the truth the whole truth nothing but the truth
yes sir i swear thank you mr turner um thank you uh mr dot race
you um do you agree with the uh testimony of um of the architect eliza lanzuti yes i do
Yes, I do.
um thank you um i have nothing for
Thank you.
I have nothing further.
All right.
Anyone else to testify in this case?
Please raise your hand.
No further hands at this time, Mr. Chair.
Thank you.
Planning Commission.
Thank you, Chair Chico and Ian Hegarty
for the Philadelphia City Planning Commission.
This lot has a clear physical hardship because it's unusually shallow and the proposed dimensional variances are the least variance necessary to enable use of the property.
So the Planning Commission recommends that the Board grant the variance.
Thank you. MI 2020-003130. 207 West Weldy Street. My vote is yes.
My vote is yes.
My vote is yes.
No. My vote is yes.
Calendar number 1293-2154 North Randolph Street.
The attorney is Zen Jin.
Zen Jin has been promoted to panelist.
Thank you.
There's a letter from our opposition from Mars Square.
Good morning.
Can you please put your name and address on the record and spell your last name, please?
Zen Jin, Z-H-E-N-K-I-N, last name, 1617 John F. Kennedy Boulevard, Suite 1838,
Feldelfi P.A. 19103, here on behalf of the applicant.
Thank you.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also 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, copy of the refusal referral, photos and plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, to all questions.
Thank you. You may proceed. And good morning.
Good morning. Thank you. I'm going to go ahead and share with the board the information relating to this case.
what i have up before the board is the refusal however we submitted the entire package to the
board which includes refusal letter from the rco and other information that relates to this case
so what the proposal is for this property is to have a two smaller parcels to be combined into a
single larger parcel, and then to build what is essentially a triplex multifamily dwelling.
We met with the North Squared Community Alliance RCO, and while I understand that their
ultimate vote came out in opposition, it was a divided vote for the most part with
with the support coming from some more of the meeting attendees, but more opposition
coming from the committee board. Their rationale is that the design itself is difficult for
the community to accept because it looks different than what is on the block. I will get to the
pictures in a minute to show the board how the block looks. And a little bit of it might
of centered around a particular resident saying they had a negative experience with my client
which is a subcontractor of my client not my client himself. In response to that we discussed
that we are happy to work with the community organization during the subcontracting process
to make sure that the community will be satisfied during construction.
with regard to the actual block Randolph Street is a smaller block however it also contains very
small lots but with various developments in the area and these are not all consistently the same
development in fact as you can see part of the block across is completely vacant I'm going to
ahead and expand this a little bit so it's easier to see. You can see that there are some developments
in the area already. Across the block is partially vacant. The block itself is inconsistent in design
in nature currently. That was actually part of the complaint that the block is inconsistent
and this design doesn't increase the consistency. However, the issue here is that this design would
not necessarily change the inconsistency that already exists here on the block.
We also have what looks like a commercial lot on the one end, and a series of various
and a series of various size developments on the block itself. The reason my client is seeking to
sized developments on the block itself.
put two lots together partly is because the lots themselves are rather narrow. You are looking at
the individual lot size once combined. I'm going to zoom in further so it's a little
bit easier to see the measurements here. There are 14 foot width lots initially. So even combined
is a 28 foot width lot. By doing the combining and because we are near the corner of the one
in where other vacant lots are actually facing Susquehanna Avenue rather than our property.
by combining the two and having existing alleyway access which are in the deed my client can build
a structure which allows full access by all units to the rear yard this makes trash management
a lot easier if we were to build two single family houses they would be small narrow homes
but very tall much like what is already on the block which actually the community neighbors were
somewhat had negative reactions to as well. By expanding this space, what we can do is actually
allow for a much nicer layout of individual apartment units, a combined layout which allows
full access to the rear for trash management, and a roof deck that is completely recessed on
all sides for the most part so that it's not really noticeable from the front or the rear
of the property. Each apartment is essentially set up as a the first floor basement is a bi-level
the second unit is on the third floor I'm sorry I think we're missing a floor here on the second
floor the second floor is one unit and then the third floor is one unit single access stairway
that leads up to all three internal trash room is made available because of the extra space
along with the exterior capability to have full access to the rear yard so in many ways there
are benefits to this layout which even as a duplex or triplex allows much easier management because
of the combined size of 28 feet width, even though the lot itself is not super deep, we do come up
with very decent sized apartments as a result. So part of the reason why my client's asking for three
is in the sense from bedroom count size, he's trying to keep them basically as no more than
two bedrooms per unit with this way with the density under control. Even at single family
houses, for example, it would be probably three bedroom units per unit. And this way we have
actually a total combined of about five bedrooms versus six with two single family houses. So from
a pure density standpoint, we're not really increasing the overall impact. The parking,
which the community complained about unfortunately it is not something we can provide because even
trying to put a garage in on a street like this would actually trigger further variances
and make layouts and designs more difficult it's not something that we're not aware of but
from my client's standpoint with the limitations that he's already put on the design
design, he feels that, of course, this ultimately is a better design than two additional single
family homes designed with more bedrooms and narrower, unnarrower lots, which will require
additional height as well.
That is the primary reason we proposed the way this building is laid out.
As you can see, the height proposed is 34.6.
He is trying to keep the height down by expanding the overall size of the building and this
allows it to not stand like a tower because most of the ones on the block that are actually
shown in those photographs are utilizing the full height that they are permitted because
they are narrower buildings and therefore they have to go for more height.
So in many ways, what we're trying to do is actually design a slightly lower building that is taking up two lots, use it as a triplex, and keep the density basically the same or similar to what would be two tall single-family houses.
I do want to point out that even though the vote at the community was divided...
I do want to point out that even though the vote at the community was divided, my client did talk
to some neighbors that live on the block, two neighbors on the block and also one on Fair
Hill Street who also supported the idea. So it's really a very divided ultimate decision from the
community. So we would ask the board's favorable review in this case. We think that this is a good
project and would not provide a negative impact to the community. The block again is under development
and this is actually essentially two corner on the one end of the street properties that
so the other lots are actually facing the Susquehanna not Randolph so this is being placed
on the one end it's almost like an end cap of the block type situation so we would ask the board to
give consideration to our request.
I'm open to any
questions from the board.
Any questions
from the board? No.
Zin, can you have a client to
Yes, I believe my
client is here.
Let me pull up
the information real quick.
My apologies.
His name is a little difficult to pronounce.
His spell is for us.
Yes, I'm pulling it up now.
It's G-E-N-N-A-D-I-Y
Kapkanov
K-A-P-K-A-N-O-V
If you're here, can you please virtually raise your hand
so the board can...
Yes, Mr. Jin, he's been allowed to speak.
Okay, great.
Thank you.
Good morning, sir.
Please identify yourself with the record.
And we'll swear you in.
Your name has already been spelled into the record.
So just.
Good morning.
My name is Janati Kapkinov.
I'm going to tell the truth, the whole truth.
Nothing but the truth.
Thank you, Mr. Jin.
Thank you.
Mr. Kapkinov, you heard my testimony before the board and saw the presentation.
Can you verify that the information I provided is true and correct and adopted it to your own?
It is true and correct.
Thank you.
Thank you. Any questions from the board?
Anyone else like to testify in this case? If so, please raise your hand.
Mr. Sloan, folks, has his hand raised. I will allow him to speak at this time, sir.
Thank you. Good morning, Mr. Foulkes. Please identify yourself and I'll swear you in.
Good morning, Chairman DeChico, ZBA Board. My name is Sloan Foulkes, S-L-O-A-N-E-F-S and Fire, O-L-K-S, Office of Councilwoman Maria Quinonez Sanchez from 508 City Hall.
We're in the firm to tell the truth, the whole truth, nothing but the truth.
I do, sir. Having received a letter from the coordinating RCO in opposition with a vote of 6-1 against, the Councilwoman does not support this various request. Thank you.
Anyone else to testify? Please raise your hand.
no further hands at this time sir you planning commission thank you chair to chico members of
the board ian hegarty for the philadelphia city planning commission board members in 2017 the
zoning map was actually amended here from rm1 to rsa5 in accord with recommendations from the
comprehensive plan and with the support of the community and the council office
we don't feel the applicant has demonstrated that development is restricted by any unique
physical circumstances or conditions of the property and so the city planning commission
would recommend that the zoning board deny this variance thank you mi 2020-001-293-2154
north randolph street my vote is no my vote is no my vote is no my vote is no
thank you
Jen's case I believe is next
number 6
calendar number 1834
2445 Martha Street
you're still under a name and address on the record
and spell it please
Zhenjin, Z-H-E-N-J-I-N
1617 John F. Kennedy Boulevard
suite 1838
19103 here on behalf of the applicant
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
thank you
do you swear or affirm to tell the whole truth and nothing but the truth
Do you?
Do you also 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, plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, to all questions.
Thank you. You may proceed.
Thank you very much.
I am going to be sharing with the board the information relating to this case.
We have submitted an advance refusal, RCO letter, photos, rendering, plans, certificate
tax clearance, deed, and other documents in support of this application.
This is an application for the combining of a lot to build a, my apologies, I'm actually blocking my own view here on this.
It's a single family household living with a roof deck and roof deck access structure and an accessory private residential garage.
So the refusal primarily is because the accessory garage cannot be accessed from the rear,
whereas we are seeking it from the front, and that the open area is 18.6% rather than 25%
as required by code. We have met with East Kensington Neighborhood Association,
who actually came in non-opposition with 20 in support on the vote, three non-opposition vote,
and one opposed. The primary reason we receive non-opposition in this matter, Martha Street
is a relatively small street. However, Martha Street itself, as the photograph shows,
doesn't really allow parking. And therefore, having garages as off-street parking is only
a benefit to this block. There's no real negative impact to on-street parking. As a result,
the neighbors are overwhelmingly in support of the idea of additional garage with this development
because it would help alleviate parking issues, not trigger more. Because of the
existing garages already among neighbors, we did not have any issues with the neighbors as far as
our design. Our design is going to be lined up with existing properties both in height, design,
and size and therefore even though we're asking for a little bit of additional depth as you can
see on one side of our property is the rear yards of other properties facing a different street
so that there's no real impact on that side even because the other side of that rear yard is
actually additional rear yards of other properties many of which are used for parking so the overall
feedback from the community has been supported in this matter and we would ask the board
for a favorable disposition of this request i'm certainly happy to share any additional
plans or other information if the board wants a closer look at anything
thank you do you need to have your client yes i will have my client
to testify to the accuracy of my representation should be Mr. Dima, D-H-I-M-A, last name,
Lefter, first name, L-E-F-T-E-R.
Just don't appear to be in the audience.
Yeah, I'm sorry.
I didn't realize you were there.
No worries.
As an officer, the court will stipulate
that your client would have adopted your testimony.
Any questions from the board?
excuse me allergy season uh anyone else like to testify in this case if so please raise your hand
no further hands at this time mr chair thank you planning commission thank you chair to chico
ian haggerty for the philadelphia city planning commission members of the board this applicant's
property faces a narrow street that primarily serves garages and parking pads for the
adjacent property. So the additional garage front will not cause significant adverse impacts.
And so the city planning commission would recommend that the board grant the variance.
Thank you very much. MI 2020-001.
Thank you very much. MI 2020-001-834-2445 Martha Street. My vote is yes.
My vote is yes.
My vote is yes.
Thank you. Carol, I think we can go to number one. I believe Leo's in.
Okay, great. Calendar number 2206-1270 South 46th Street.
mr mulvihill has been promoted to panelist thank you you sure did can you put your name
and address on the record and spell your last name yes absolutely leo mulvihill that's m-u-l-v
as in victor i-h-i-l-l address is 1441 east oxford street philadelphia pennsylvania 19125
five. Do you swear or affirm to tell the whole truth and nothing about the truth? No. Was that
a yes? Yes. Oh, okay. Do you also agree to wait the reading of the refusal and stipulate to its
accuracy? Yes. Have you emailed the exhibit packet with proof of ownership, tax compliance,
photos and or plans of the property, refusal, referral five days before this hearing and have
you met with the RCO and do you have a letter? Yes, the letter's not on my packet as it was
sent in rather late um however i can pull it out from my email okay you may proceed all right good
morning chairman members of the board i apologize for my technical difficulty earlier today
i'm here today on behalf of cedar park properties llc my client knee nhi is on the line um our
Our contractor, Sasha, that's S-A-S-C-H-A, Alexander Edelkaut, I'll spell that for you
too, E-D-E-L-K-R-A-U-T.
He was present earlier, but he's getting his second vaccine today and had to leave, unfortunately.
So we're here today for something pretty simple.
It is an existing structure, used to be a grocery store with an apartment above.
My client wishes now to take an adaptive reuse of this structure.
and turn it into two apartment units.
What I'm showing now on my screen
is the presentation packet,
add the refusal of appeal and project information
form of page one, area zoning math at seven,
deed at eight, tax clearance at 12,
notification letters and proof of mailing at 13,
photos at 15, both interior and exterior,
and plans for the property at 52.
I'm moving now to page, I believe it's three,
yeah, three of my packet.
I'm going to zoom out a little bit, but fit visible.
All right.
So here we go.
We've received our refusal 318-2020.
It is a single family district, RSA 5.
We're proposing two family living.
Hardship here is essentially the way the structure is laid out.
We want to do an adaptive reuse and rehabilitate the structure.
In order to do single family, we'd have to more or less gut the entire building, redo
everything from scratch and the building itself is going to lose a lot of its charm. I'll get into
the specifics of that in a moment. I will now proceed to the area zoning map. So members of
the board, you can see now what is page seven of my packet. To the top now is the zoning map that
I pulled from Philadelphia Atlas. This is on the corner of Linmore and 46th. It's that triangular
shaped property that you see. It's a little bit irregular compared to the other homes on the
street which tend to be two-story single-family homes either brick front or the air light style.
The purple area that you see to the bottom of the map, that's the train line which runs right
essentially right at the end of the block. The block that ends into Linmore Avenue.
Moving to the bottom of that page seven, here is now the overhead photo that's been taken
off of Philadelphia Atlas. You can see specifically what I'm talking about. Our property is indicated
in that blue pin. You can see the other properties again mainly two-story single-family homes.
maybe some multifamily, but I couldn't see legal multifamily in the area perusing Philadelphia
Atlas. And then the train tracks that run behind. You'll notice as well that it's a mix of RSA 5
and I-2. Why some of the homes are zoned I-2, that's a question for city planning.
I'm not quite sure, but it's mostly residential. There's our deed.
The tax certificate website has been acting up again. So what I have here is a copy of
the outstanding balance due from the BRT site showing there's no outstanding balance.
Here's our second community notice meeting that went out. We actually had two meetings for this
project. At the first meeting it was well attended. We explained what we were hoping to do with the
project. The immediate adjacent neighbor to the north was present and everyone had some questions.
was present and everyone had some questions after further discussion with them we decided to hold
after further discussion with them.
the second meeting so that first meeting did not take a vote at that second meeting we ensured that
the contractor and project manager mr edelkopf was there he explained specifically what would
be done to help limit noise specifically explained that we would be operating even within the general
hours of contracting less than that so we'd be starting later ending earlier to ensure that we
would minimize noise for the properties adjacent. The immediate adjacent neighbor who may be on the
line and I wish I could remember her name but I cannot, she expressed concern because the previous
owner of this structure used it as an art studio and you'll see the really cool kind of artwork he
was doing in there and she could hear anytime that somebody was going up and down the stairs
she could hear noises through the wall because it's just a standard brick party wall between
two row homes in Philadelphia. Mr. Edelkraut explained to her that as part of the process,
we do have to remove the staircase to make it code compliant, as it's an old staircase and
is out of code. And as part of that, we'll be doing sound-reduping measures, including
installation of firewall materials, drywall insulation to help dampen the sound.
Ultimately, initially, we had a favorable vote after speaking with Mr. Ross.
That changed at some point subsequent to the initial meeting.
I believe these were folks that, for whatever reason, did not attend our meeting, which was held over Zoom.
I hosted it.
And the specific objections, I'm not entirely sure.
At the first meeting, our immediate neighbors requested things like a deed addendum, pardon me, a lease addendum to ensure that every tenant knew what the trash storage policies were.
We do have outdoor space, which will be accessible from the street, and we ensure that every tenant will have to use that, otherwise they face not just a fine from the city suite program, but from us as well, my client.
There are also questions regarding parking.
We specifically noted to everybody that there's no way to include any parking on this parcel.
We would have to demo the building, and then there's no point.
However, we did include in our lease, which we shared with the community, an addendum to require that any owner, pardon me, any tenant at the property were to have one car, that they would be responsible to have any necessary permits or anything else for their vehicle to try to limit the effects of the neighborhood overhaul parking.
Now moving to page 15 of the packet.
This is my reposted zoning notice.
to page 16. This is the original zoning notice along with the community meeting flyer that I
put up there myself. I'm just going to go through those photos so we can get a better idea as of
the surrounding property. So here's our property. As you can see, it's triangularly shaped. It's
kind of sawtooth shaped off to the left. As you can see, there's two different bump outs that
provides open area, which is open to the sky where we'd be proposing to store trash in a fenced-in
area for the tenants so they would not have to store it inside or so many people are concerned
about storing it on the street or just throwing it in a bag on the street where it gets picked
apart by animals. This is the side of the building off to the right. The same school family homes
are to the left. This is page 19 for the record. These are the homes that are zoned I-2 for some
reason. We're across the street zoned RSA 5. This is a wider angle photo and I'm just going to do my
standard kind of 360 view. This is looking northbound on 46th. These are the homes across
the street. You can see new construction to the rear here. I don't recall immediately what this is
back here but I believe it's still under construction. This is now looking eastbound.
At page 25 we're now starting to turn down to the train tracks with this nice little park here
which is relatively well kept. I came on trash day. There normally aren't trash cans all strewn about.
And that completes a 360 view. I'm now looking northbound at the side of the property,
the southernmost side of the property. Specifically, I'm indicating to the section to the rear
by where this white bump out is located, which is the adjacent structure. Here to the left where
it's one, two, three windows, this is a small triangular area that is open space. Birch we're
proposing for trash storage. And then here with this white section here is another triangular
area of open space, which we're proposing, again, for trash storage for the units. There's also a
rear yard. We can put trash in there, but everything will be fenced in. There will be
dumpsters or trash cans and recycling bins provided for all of the tenants. We do request
in our lease that they cover those, again, to keep critters out. This is a view from the corner
This is the view from the corner itself. You can see it's a little oddly shaped because it is a corner property. One entrance is here in this turquoise colored door.
itself you can see it's a little
As far as I can tell, this used to be the entrance for the market. You see the set of stairs off to the right as we go northbound on 46th Street. This is page 31 for the record.
This would be where the units would be going and the tenants.
This beige house here, this is the immediately adjacent neighbor.
Pardon me, I need to put my computer on to not disturb.
So we don't get any more of those things.
All right.
This beige house is the immediate adjacent neighbor who can complain previously about being able to hear when the owner would go up and down the stairs, which run along this wall, the party wall between this property and the one directly to the north.
So now I'm going to page 32.
These are the interior photos from when my client actually purchased the property.
We can see the property is in actually okay shape, but it does need a bit of a facelift.
This is the staircase that I was discussing previously.
Here's our party wall.
The stairs just go right into the party wall.
These do have to be replaced because they're not code compliant for intuitive infrastructure.
I noted earlier that this was an artist's home and you can see the copious amounts of art.
My client intends to keep most of this beautiful architecture on the inside.
Like I said, just give it a facelift, make it code compliant. The beautiful woodwork,
the fireplace that we see here. You can see on this picture, page 35, some exposed joists.
You'll also see an open area off to the right of this large doorway. The previous owner,
I guess, took out the floor and decided to bring in more natural light for their studio space down
here. That's going to have to be remedied. This is part of the reason that this isn't really fit
right now for a single family structure as it was done I think mostly without permits if not entirely
without permits this uh construction by the previous owner page 36 another photograph of
the property on the interior large paintings you can see them uh page 37 this is what I was talking
about members of the board there's just floor joists cut all over the place and as far as I
can tell it was done without permits and it's certainly not the code so this is all going to
to be fixed. Large printing pass off to the left, very heavy cast iron as far as I know. We have
prints in this flat file up to the right. Again, you see to the top of the photograph, the DIY hole
in the ceiling. Page 39, more of the same. Page 40, here's our kitchen. It's going to need a
facelift as well. It works. Another photo of the kitchen at 41 and 42. 43, this is the upstairs
hallway. Looking to the stairwell, this would lead immediately to that door that was on the side
at 46th Street. Upstairs, beautiful woodwork. We're not going to touch that.
I'm not quite sure what's going on in this room. We have a platform that was installed on the
ceiling, potentially for extra storage. We're hoping to keep the floors. This is
page 46 for the record, but as you can see there are some gaps that will have to
be replaced in some places. This is the upstairs area of the large hole that was
in the floor. You can see there's also some ceiling issues, probably due to roof
leaks. Those are all going to be repaired. This is looking down from that second
story veranda into the main area. Page 49 is our bathroom. It's functional. That's
about all i'll say basement you can see the utilities furnace dehumidifier and um i got
zoomed out for some reason and there's washer dryer hookups but again this is all going to be
redone moving now to the plans themselves all right so we're not doing any excavation we're
not doing anything than maybe pointing the brick repainting replacing some doors replacing some
windows, making it look nice. The building itself is already in pretty okay shape in the exterior.
We just want to make it look a little bit nicer. And then I'll go to the floor plans.
Okay, so here's our basement. We're not really touching that. It's going to be used for storage
and utilities. You can see what I'll do here is I'm just going to annotate this with a line.
so members of the board on page 53 the living area in the basement's about 1 000 square feet
we say living area but no one's living there there's no bedrooms proposed where i drew that
red line is going to be where the fence is erected along the structure along the property line where
trash storage is going to be contained there is also a rear yard as i addressed earlier but the
rear yard is rather small. It kind of extends in that direction via the two red lines I've just
drawn. So we're hoping to put trash storage generally in stamp. Sure.
So we're hoping to put trash storage generally in stamp.
I'm going to put a heart.
There we go.
That heart, that's where we're looking to put trash storage accessible by a gate so that the tenants in the building are able to go in, get the trash, put it right out in the street.
No problem.
Oh, that's not the right tool.
There we go.
Nope, that's not the right tool either.
Okay. Here's our proposed living area on the first story, 974 square feet. So this is unit one,
one unit right on the ground floor, accessible by the corner doors that we saw that were painted
kind of turquoise on the corner of the structure. You come in those really nice double doors that
we're going to replace with some doors that are going to let some light in. Kitchen, living area
to the front along 46th bath and then two beds whether it's actually two bedrooms or a bedroom
in an office with all of us working from home these days we still have to figure that out
it's up to the tenants more or less then this rear door here leads out to that small rear yard
patio which is accessible to the ground story unit via that stairwell that i showed everybody
that we do have to replace you'd come up from the main door on 46th street so it is two separate
entrances come up and you have main living area to the rear or kitchen bath besides that and this
has three bedrooms they're a little bit smaller than the downstairs unit but provides a little
bit more flexibility for either a couple that's working from home a young family so that people
get their own space again the trash is going to be stored somewhere in the south exterior area
or in the rear yard ultimately it's going to be up to the tenants where they put them but we will
be providing trash cans to um to every single unit if the board would like i can go into the
history of the property itself via the philadelphia atlas site which just for purposes of the record
i indicate this was previously a grocer on the ground story um and a unit above based on
conversations with residents who've been in the neighborhood for some time they testified at our
community meeting the same thing. Not just the first but the second. That concludes my presentation
unless the board would like me to review the property history at length. Ni, if you'd please
raise your hand and just be waited, wait to be unmuted so I can ask you a couple questions.
Mr. Nguyen has been allowed to speak. Mr. Nguyen, please wait to be sworn in, sir.
Oh, it's Ms.
Good morning.
Ms. Good morning.
Please identify yourself, first and last name.
Good morning, members of the board.
My name is Ni Nguyen, spell N-H-I-N-G-U-Y-E-N.
You swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Mr. Mulvihill?
Ms. Nguyen, you've heard my testimony today to the members of the board.
Yes, I did.
Is there anything you'd like to add at this point with respect to either the building itself,
the hardship in making this a single family home the hours of construction and our availability to
the adjacent neighbors to continue this conversation as we proceed no you pretty much
covered it okay has my testimony been true and accurate to the best of your knowledge and
understanding yes and do you adopt my testimony as your own for purposes of today's hearing only
yes i do thank you thank you i have no other questions for you thank you questions from the
board? No. No. No. No. Would anyone else like to testify in this case? If so, please raise your
hand. See, no further hands at this time, Mr. Chair. Leo, could you go back to the, what was
the count of the uh rco i don't believe there was a vote actually a number vote i think if mr
ross of southwest philadelphia initially sent a letter of support and then afterwards based on
feedback changed this letter but i don't have that available in my packet i can search my
email quickly for it all right that's okay okay uh again no jason no one's hand is up
no sir um chair this is sharon saleta i received an email on this from andrew goodman um this
morning if you could give me a minute i can look to see if it included the count for the rco meeting
thank you
Thank you.
okay I have um zero support to oppose
that's from the uh was it cedar park what what's the organization southwest Philadelphia
district services chairman and i apologize i got that wrong two opposed were the rco board committee
all meeting attendees there were three opposed and zero support
Thank you, Mr. Chair, sorry for an interruption, but there is a hand raised on Ms. Quetta
Jefferson.
It went up after you asked about it a second time.
No worries.
Ma'am, please identify yourself with the record and we'll get back to you, Ian.
she's been allowed to speak so as panelists good morning good morning please identify yourself
spell your first and last name um yes my first name is q u e t t a last name jefferson
we're in the firm to tell the truth the whole truth nothing but the truth
yes i do sir please proceed ma'am um yes i'm here representing um west shore civic association
one of the rcos um we attended well i attended both meetings um upon attending both meetings i
thought that the community was in approval of the construction but um i met with several
opposition so i'm here to support them in stating that um they're opposing uh the new construction
chairman i object to the testimony as its hearsay in this matter specifically those members i'm
unsure the constituency to whom miss jefferson is representing and miss jefferson while i respect
you is not their coordinating rco for this matter so i would rest on what southwest
Philadelphia District Services put in their letter as the coordinating RCO.
Yes but
let's let let's let Ms. Jefferson get their final say in please. I'm sorry sir but there were letters
sent from several neighbors um opposing um this construction um to Mr. Ross and he was supposed
to send them to you sir what is the objection is it the objection was just multi-family or
i'm sorry sir it's the objection of multi-family it's the objection of the noise from some of the
neighbors it's the objection of i guess the whole trash situation um there's several objections from
some of the elderly neighbors about parking, sir.
And Chairman, to the best of your knowledge,
do you know if the neighbors who are concerned about trash,
are they aware that there will be trash areas provided for the tenants?
Yes, I spoke with them.
A lot of the neighbors were not able to attend
because, again, they are senior citizens
and they don't have a computer access
like some of the neighbors who did attend.
And so I do apologize for that also.
No need to apologize.
I just wanted to respond to that.
In the notifications that I send out,
I include dial-in information for anybody
who wishes to dial in.
I also include my personal phone number
and I include my email address
and I entreat anybody who has any questions
to reach out to me and I'd be happy to bring them a copy of the plans as well.
I did not hear from anyone with respect to any of that. So while I appreciate what Ms. Jefferson
is saying, we did everything that we possibly could to reach out to every single neighbor
and held not just one meeting, which is all we're required to do under the code,
but a second meeting at the request of the RCO. In rebuttal as well, to Ms. Jefferson's point,
I'm now screen sharing release addendum that I shared with the community group during our second
meeting which include the following provisions i'd just like to incorporate them from the record
um i can send this to ms zuletta to ensure it's actually added to the record itself
but in summary we have parking no wall street parking is provided out of respect for your
neighbors we require each unit have only one car each tenant is required for the run permit
each tenant is required for their own permit trash storage we provide trash storage we explain that
trash storage we provide trash
recycling must not be bagged as the city will not collect it we provide a list of city holidays
which show which days trash will not be collected and include a link to all streets department
regulations regarding trash collection if they do not follow as tenants the rules of the city
we individually find them 25 for the first infraction 50 for the second and 100 for each
subsequent these are considered additional rent and those are in addition to any of the tickets
that city suite would recommend we also include a provision regarding being respectful to your
neighbors noting specifically and i quote you live in a quiet residential neighborhood please
be respectful of your neighbors all near neighbors have our contact information and in this case our
refers to my client on me we take complaints about our tenants behavior seriously you have three
strikes the first two complaints from neighbors will result in written warnings the third strike
will be considered a material breach of lease and subject you to eviction we took our neighbors
concerns very seriously and listened intently during that first meeting we came back for the
second this is what we shared and we had hoped that this would assuage neighbors concerns i
understand that parking is a continuing concern no matter where we are in the city but that is not
an issue in this matter and members of the board every time i've gone to that property i've
been able to obtain without any hesitation parking on the street and i've been there both in the
morning afternoon and evening um i know that's not my one anecdotal experience it's not everybody's
experience and i understand that people are concerned by the number of bedrooms that were
in there however we feel as though we assuage that concern by including the lease term that
each unit has one car moreover you can't enforce that but i i let's just for the purpose of the
record members of the board uh there'd be and it were renovated one it would be very expensive the
house itself would cost a lot to do because of the construction costs that will be incurred by my
client and then there's no enforcement as to how many cars somebody would have it could be a five
bedroom house who knows how many vehicles a person could have at that point and if it gets sold
There's no enforcement mechanism whatsoever by my client to whomever they sell the property to.
We really tried our best to be respectful of neighbors' concerns.
The hardship is such that we have the layout of a building, which exists with two entrances, two stories, was previously a market.
It's no longer zoned to be a market.
We're keeping the quiet residential use that was proposed by the City Planning Commission and by, I imagine, Council and the Southwest Philadelphia District Services District as well.
Thank you.
Anyone else would like to testify in this case, please raise your hand.
No further hands at this time, Mr. Chair.
Thank you.
Planning Commission.
Thank you, Chair DeChico, Ian Hegarty for the Philadelphia City Planning Commission.
Members of the Board, the comprehensive plan recommends no change to the single-family
zoning at this location, however, the applicant's property is irregularly shaped.
and the proposed two family uses similar to documented previous uses one dwelling and one
store and so accordingly the city planning commission would recommend that the board
grant the variance
frank you're muted
sorry about that thank you mi 2020-002206 1370 south 46th street my vote is yes my vote is yes
my vote is yes my vote is yes my vote is yes my vote is yes thank you members of the board i'm
I'm sorry, I realized my camera got unplugged,
but I'm back.
Thank you.
Welcome back.
Members of the board, I'm sorry,
I wasn't here earlier with respect to another case
I had on today's list for 533 West Montgomery.
May I address it?
I believe that case was continued, if I'm not mistaken.
No, it was.
Yeah, it was continued.
I'm sorry.
Montgomery Avenue, continued.
Okay, members of the board,
just to provide some context for that matter.
I don't know, Ms. Tenera, do you need to announce that so we have that for the record?
MI 2020-002267, 533 Montgomery Avenue.
So members of the board, Leo Mulvihill again, M-U-L-V-I-H-I-L-L, 2424, oh, no, not anymore.
1441 East Oxford Street, Philadelphia, 19125.
I promise to tell the truth.
So with respect to this matter, members of the board, we were inclined to an RCO and that didn't work out.
um an RCO and that didn't work out I spoke with Mr. Folk in councilwoman's office we are being
reassigned to South Kensington community partners I'm currently scheduling a meeting with them
so we may have that reviewed by that RCO and then we hope to be back to present that project as well
I just wanted to ensure the board knew what was going on it's not a lack of diligence on our part
It's just a matter of dealing with some RCO politicking.
Thank you for clarifying that.
Thank you.
Thank you.
Number seven.
Calendar number.
Thank you.
Calendar number 0714, 2544 Montgomery Avenue.
Do you know hands for this, Mr. Chair?
So anyone here for 2544 Montgomery Avenue?
The owners are Vernon and Helen Jackson.
One more time, 2544 Montgomery Avenue, anyone present for this case?
has this case all have been continued previously it has been has been yes my vote is to all right
mi 2020-000714-2544 montgomery avenue my vote is to dismiss my vote is to dismiss dismiss dismiss
Dismiss.
Okay, we're at number nine, calendar number 1278-5247,
Frankfurt Avenue.
The attorney is Sean Ward.
The award has been promoted to panelist.
Mr. Ward, can you put your name and address on the record, please, and spell your last
name after you unmute yourself?
Good morning, Mr. Chair, members of the board, Sean Ward on behalf of the applicant.
uh i'm trying to get my uh start my video i know you all want to see my smiling face
the high school the high school picture you had up was too much name and address
that was actually my campaign photo for when i ran for district judge but
that was six years ago my god uh sean ward s-h-a-w-n-w-a-r-d attorney for the applicant
331 East Street Road, Trevos, PA, 19053.
Do you swear a firm to tell the whole truth and nothing but the truth?
I most certainly do.
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
And have you emailed the exhibit packet in with proof of ownership tax compliance,
a copy of the refusal and referral and or 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 yes yes and yes
you may proceed thank you very much uh uh members of the board i'm sharing my typical exhibit packet
which, as you'll see, is the exhibit list.
Let me blow this up.
I am here on behalf of Forum Realty Company, Inc.,
the owner of the property, as well as Gold-555, Inc., the tenant.
It's 5247 Frankfurt Avenue, and as Carol stated, calendar number 1278.
This is an application, it's basically the renewal of a temporary permit for a pawn shop as part of an existing jewelry store in an existing structure.
This property is located at basically Bridge and Pratt across the street from the Frankfurt Transportation Terminal.
It is a regulated use, not permitted in the district, and according to the renewal of our previously granted variance,
A2 is the application of appeal. A3 is the PIF, project information form. A4, proof of ownership. A5, tax clearance.
A-4, proof of ownership, A-5, tax clearance.
I would point out that the tax clearance attached to the exhibit packet
did not show the taxes clear for 2021, which are basically due today.
However, I did check that, and they have, in fact, been paid.
Additionally, we have photographs of the subject property,
a petition of support, an RCO letter from Frankford NAC.
I don't know if a letter of support has been submitted from the council office.
And quite frankly, I'm not sure if it's actually Squilla.
It might be Councilwoman Sanchez's office.
But if Sloan Folks is here, I'm sure he'll chime in.
As far as the relevant zoning history,
a zoning permit was granted on a five-year temporary basis in 2009.
Again, we came back in 2014, renewed that temporary permit.
The board was gracious enough to, again, grant a five-year temp.
Today, I would ask that we give them a permanent variance, but defer to the board on that.
A-12 is the zoning map, and A-13 is the aerial photograph.
So quickly, we have the application of appeal.
included the notice of refusal,
included the PIF,
my transmittal letter to Tanya,
confirmation of the zoning permit denial,
the zoning permit detail through Eclipse.
A copy of the deed was unavailable on Philodox
because, as you can see,
my client, I believe it or not,
has owned this property since 1928.
Amazing.
um copy of the lease here was the original uh revenue department detail indicating that the
taxes were paid through 2020 again they're due today they have been paid with regard to the
photographs of the property this is a pawn shop it's been operating successfully and without
incident since 2009 or 2010 at the subject location. Let me just use the cursor. You'll
see the rear of the property. As you can tell, my client takes pride in maintaining the property.
There's no trash. There's no debris. It's an extremely well-maintained property,
especially given its location at Frankfort and Bridge Street.
Inside the store, it's your typical retail outlet. They sell jewelry and other materials.
So this is looking from the front of the store to the rear.
Here's a picture looking from the rear to the front.
uh this is the office area that's my client enjoying a hot cup of coffee
this is the jewelry repair area inside the store these are the stores located to the right of the
subject property we've got a dollar discount store uh metro pcs uh wine and spirits etc
and then to the left you have a another wireless gadget repair churches a church's chicken
this is a view looking south on frankfurt avenue uh as you can see directly across the street is
the fractured transportation uh station northbound on frankfurt avenue uh this is a petition of
support signed by upwards of 55 or 56 persons, most of which are from the neighborhood and
are obviously recurring customers because they're the ones that come into the store.
I would point out that in 2009, a use permit was issued following a zoning board hearing
granting a five-year temporary permit for this site.
We came back in 2014 to renew, plus for direction of a flat wall sign.
That permit was also granted, subject to a five-year temporary permit.
This is the zoning map, as you can see.
It's in the heart of the Frankfurt Commercial District at Bridge and Pratt.
and then we have just for your uh own view an aerial photograph again this is the
frankfurt train station you know the frankfurt terminal we're located directly across the street
we're located directly across the street i would point out that here is the
i would point out that
proof that the taxes for 2021 perpaid
we sent out the notice of the meeting with the frankfurt knack on or about february 22nd
that notice went to well i'm sorry it included the notice of refusal
it included a copy of the zoning notice with the login instructions for this meeting
and it went to the addresses provided by the city planning commission
the frankfurt neighborhood advisory committee issued a letter on march 9th and i would point
out that nobody nobody attended that meeting other than the board of the frankfurt neck and
And I don't know why, but they decided to grant us a two-year temporary variance, despite
the fact that they supported the variance in the past without.
Here's their letter from 2014, indicating that there was one vote cast, one in support,
zero opposed, and they approved the variance since there was no opposition to the project.
And yet, at our recent meeting, there was no opposition, there was nobody present, nobody
attended.
And again, this is just the copy of the zoning board's decision, dated 2014, granting a
five-year temporary.
So at minimum, I would ask that the board grant an additional five-year temp.
However, given the fact that they've demonstrated that they are a good tenant and good operator,
Over the last 10 years, I think it's time that they be granted a permanent variance for this use,
as they've demonstrated that they're good citizens, good taxpayers, and just a good benefit to the community.
My client was unavailable for this hearing, but as an officer of the court,
I would ask the board to stipulate that if they were present, they would verify my testimony to the board,
as proven by the documentation provided
and that they would accept same
as their own testimony.
Well noted, thank you.
Is there questions from the board?
Anyone else would like to testify in this case?
If so, please raise your hand.
Chair Sloan, folks, has his hand raised.
I will allow him to speak.
Good morning again, Mr. Foulkes. Please identify yourself with the record. You're still on the road.
Good morning again, Chairman DiCicco and ZBA board.
Salome, folks. Office of Maria Quinones, Sanchez, room 508 City Hall.
The councilwoman has no opposition to this very request based on the letter that she received from the RCO and including their proviso request. Thank you.
And that proviso again was?
Their proviso request was for two years.
Mr. Chairman, again, the board granted a five-year temporary in 2009.
They renewed it in 2014 for another five years.
To suggest a two-year variance is going backwards,
and there was no justification nor reasoning provided by the RCO,
nor was it even discussed at the meeting.
It just appeared in the letter.
I think at the time, it's time to move forward
and give these businessmen some peace of mind
that they can operate in the future.
All right, thank you.
Anyone else would like to testify in this case?
Please raise your hand.
Don't get me wrong.
I don't mind coming back every five years.
I hear you.
You can do it every five months, if you like.
You're right.
I'll file my application today.
Anyone else to testify?
No further hands at this time, Mr. Chair.
Thank you.
Planning Commission.
Thank you, Chair DeChico.
Ian Hegarty for the Philadelphia City Planning Commission.
Members of the board, this use is a well-established use.
There are a few, if any, complaints about its presence on the block.
City Planning Commission would recommend that the board grant the variance without proviso.
MI 2020, that's 001-278-5247-Frankfurt Avenue. My vote is yes with the proviso.
a five-year temporary variance.
A five-year temporary variance.
So the five-year would end April 1st, 2026.
Is that correct?
Five years to expire April 1st, 2026.
Seems right.
My vote is yes with proviso.
Yes with proviso.
Yes with proviso.
Yes with proviso.
Thank you.
Mr. Chairman, thank you very much.
That concludes my business until the 2 o'clock list.
May I be excused?
See you then.
Talk to you.
Calendar number 002.
Yes, Sharon.
I actually have Mr. Schwartz on the line right now.
Okay, great.
To get the board through.
They're in between cases.
I'm trying to get them to call you now.
I'm going to, would you be able to go back to the first case on the add-on list?
and i will um sure i'll call it in right now thank you sure calendar number zero three eight
three twenty eight ten frankfurt avenue okay i'm looking for mr schwartz and sloan folks
and madam vice chair this is the one that i will not be participating in because i was not at the
original hearing right um mr schwartz can i confirm that you can hear this and are available
hello hello can mr schwartz can you hear the board speaking yes i can thank you okay thank you
and mr folks you're there yes ma'am yes i'm by share okay this appeal was mistakenly voted on
march 24th before sloan folks of councilwoman sanchez's office had an opportunity to put
the councilwoman's position on the record we are therefore vacating that vote and reopening the
record to allow mr folks to testify so you may respond thank you ma'am i just uh sloan folks
office of councilwoman rea can you understand chesney 508 city hall um again i'd like to thank
the zba board for allowing us this opportunity and mr schwartz for returning um the councilman
would like to say that this uh property has been in the in the uh in the queue for a
request since the autumn of 2019 um our office requested a continuance uh for the for for the uh
for this case back in September, September 14th of 2020 and October 27th of 2020 in hopes to
take part in the discussions with the community and with the applicant and to better understand
the request. Specifically, given the crisis that the community is confronting with, that that
community, the Kensington community is confronting with opioids, she had hoped that there would be
an opportunity for dialogue with the applicants but that did not happen so given the support
the applicant has received from the RCO and the state the councilman has no opposition
to the request that's our statement thank you okay calendar number zero excuse me Mr.
Schwartz would you like to respond yes the councilwoman supports and that's it yes that's
fine that there's no request for a co or anything no excuse me you're you're being heard by the
board mr schwartz so you can speak to them um no again i apologize to the board uh because i was
ill and uh i just couldn't uh i apologize again um okay well we do hope that you begin to feel
better okay then the board can go ahead and vote the case there are no provisos no or anything no
do or not calendar number zero three calendar number zero three eight three 2810 frankfurt
avenue my vote is yes my vote is yes my vote is yes my vote is yes
okay we have enough votes calendar number zero zero two nine fifty four oh five christian street
I promoted Mr. Gossett to a panelist.
Mr. Gossett, he has to unmute himself.
Mr. Gossett?
Please unmute yourself, Mr. Gossett, if you are available.
I'm sorry, Mr. Hand, can you promote the other device he has?
He might have two devices on, and his hand is up again.
just promoted the other device to uh panelists
Mr. Gossett you can put your camera on and unmute yourself to proceed
okay good morning can you hear me hi Mr. Gossett yes and we can also see you put your name
your address on the record please and spell your last name. 4840 Old York Road, Philadelphia PA
19141. Do you swear or affirm to tell the whole truth and nothing but the truth?
I do. Do you also agree to wait the reading of the refusal and stipulate to its accuracy?
Yes. Have you emailed the exhibit packet with proof of ownership, tax compliance,
photos and or plans of the property, refusal or and or referral, five days in advance of this hearing,
and have you met with the RCO, and do you have a letter?
Thank you.
Yes to all.
Very good.
Good morning, everyone.
This is concerning a refusal on the property 5405 Christian Street.
The applicant who would be the tenant is Amelia Bond.
And she hopes to open up a restaurant in the downstairs location and have an apartment upstairs.
It would be a sit-down restaurant on the first floor, the same building.
Mr. Gossett, I apologize for interrupting, but do you have a file or an exhibit package to share?
Yes, that exhibit package was sent, and I can also share it.
Yes, could you do that, please?
Yeah, I just need to walk you through.
No worries.
Okay, great.
Thank you.
This is Sharon Saleta.
If I can put on the record that Councilwoman Gauthier's Andrew Goodman from her office emailed today to say that she has no objection.
So once you open up your exhibit package and it's open, then you go to the green button at the bottom of your computer that says share.
Once you click on that, and click on, there you go, and it's opening up for us.
I'm zooming, okay.
I will start with the photos of 5405 Christian.
Thank you kindly.
All right, can everyone see that?
Not yet.
So actually what you need to do, Mr. Gossips, is unshare again,
because you have to open up the specific file you wish for us to view prior to screen share.
So click the green button.
All righty.
Now open up your exhibit so you actually see it on your screen, then hit screen share again.
Thank you for your patience.
It's our pleasure.
All right.
Come out of that.
are you able to see it great okay yes we have it thank you all right okay so the first uh pictures
are the actual picture uh the document showing that the i'm sorry the zoning notice
that is a copy of the refusal
and these are the actual photos of the the property itself just to give you a back history
on the property it is a two-story property that has that is zoned uh residential rm1
It has a apartment on the first floor and has been used.
It has an apartment on the first floor and has been used throughout various times as commercial space.
There was a use, it was used as a clothing store in 1993.
I'm sorry, it was approval was approved for a clothing store in 1993, but the permit was never picked up.
and also in 1988 the property was being used as a beauty salon as a result of it of a period of
inactivity the property lost its zoning and was not being used as commercial space. I'm sending
you I'm going to scroll through just a few pictures so that you can see what it looks like
in relationship to the neighborhood.
That is a corner of 54th and Christian Street there.
I do want to bring out to the board's attention
that the property right next door to the property
is being used, I believe, as a commercial barbershop.
that's a picture of the neighboring properties on 5405 Christian Street there are various
properties they're residential and commercial properties both both on that on that particular
strip that is a picture of the intersection of 54th and Christian in Baltimore Avenue
to where the two major intersections that intersect in front of the property.
This is a picture of the interior of the property as it is right now. The plan is to build out
a seating area where patrons will be able to come in and eat their dinners or food there.
This is an actual picture of what will be the customer restroom, view of the kitchen area, and there's also a kitchen area with a bathroom specifically for the staff.
This is another picture of the dining room area.
That is a stairway to the basement for storage for food items and also things necessary to
run the restaurant.
This would be the office area.
and the
backyard area will be for
to be stored
and this is the alleyway that leads from
the breezeway to the
actual
main area of the
property.
Okay, with regards to the actual procedures taken on September 26, 2020, there was a Zoom
community meeting. The RCO was West Philadelphia Economic Development Council. I believe the
representative is on the call, too, if additional questions need to be asked of them.
There was a vote that was given with regards to the matter, 32 votes in support, seven votes were by way of a call, and there were eight votes in opposition.
So the total in favor of the proposal was a total of 39.
I have on the call
the applicant
Ms. Amelia Bond who is
present to answer any additional
questions that the board may have
and there's also
I believe Mr.
Sampson of the West
Philadelphia RCO is also
on the call. Does the board have any
questions for me?
Okay, at this point, does the board have any questions for the applicant, Amelia Bond?
We need to get your client on, I'll swear her in, Ms. Bond, if you're available, please
raise your hand.
Mr. Lord Carpenter's
hand has been raised
do I allow him to speak
good morning sir please identify yourself
with the record spell your full
name and address
spell your full name rather and provide us with your
address
Lord Michael Carpenter
all right mr gossett as an officer of the court we'll stipulate that your client would have
adopted your testimony are there any questions from the board no no no no one else would like
to testify in this case if so please raise your hand miss bond uh i'm sorry uh mr chair miss
bond's hand raised a few moments ago i will allow her to speak right now okay thank you
miss bond you have been allowed to speak please wait to be sworn in
please identify yourself with the records by your full name and uh swear you in yeah good morning
Thank you, everyone.
You can't believe in media, Bon.
Tell your first name and last name.
First name, spelled A-M-E-L-I-E.
Last name, B-O-H-N, Bon.
You swear and affirm to tell the truth, the whole truth, nothing but the truth?
Mr. Gossett?
Yes, Ms. Bon, good morning.
Good morning.
Can you tell, you heard the testimony that I gave with regards to the presentation?
Okay, do you accept everything that I said as truth for this particular hearing only?
Is there anything that you would like to add to the board, for the board to hear?
Well, I can't talk, you can.
Yes, and I will also have the owner of the property to elaborate on something because of my eyesight of English.
I think we got that.
I just want to ask the court reporter, were you able to get, I think it's Bond?
Bond's testimony, did you get her full name?
Yes, I have her name.
Okay, all right, so we can move on, Mr. Gossett.
Any questions from the board?
Would anyone else like to testify in this case?
If so, please raise your hand.
I have a Mr. Kyle Sampson whose hand is raised.
Mr. Sampson, please identify yourself with a record, first and last name.
Good morning.
My name is Kyle Sampson, 255 South 58th Street.
With the West Philadelphia Economic Development Council,
So we were the coordinating RCO for this application.
Would you please spell your first and last name?
K-Y-L-E-S-A-M-P-S-O-N.
Thank you.
You swear in the firm to tell the truth, the whole truth, nothing but the truth?
Thank you, sir.
Please proceed.
We were the coordinating RCO for this matter.
I think the attorney got the numbers a little, the vote a little confused.
But the applicant provided 54 signatures of community support for the project.
Many residents said that a restaurant would be good in the area because there is no restaurant.
And we strongly support this application.
Thank you.
Thank you for your time.
Anyone else would like to testify?
Please raise your hand.
here we have we do have lloyd carpenter who's standing by to testify carpenter yes
lloyd identify yourself first and last name lloyd carpenter l-l-o-y-d-c-a-r-p-e-n-t-e-r
do you swear in the firm to tell the truth the whole truth nothing but the truth
yes please proceed sir i'm opposed to the restaurant for several reasons
one the numbers that they're presenting to you is not the letter that kyle simpson sent to us
it was he suggested that there were eight no's and seven yeses in his letter that was sent to the
46th Ward RCO
and now they're saying that
they have signatures of over
50 some people
so that's depends on who you want to believe and i have a copy of his letter that he sent
so that's
depends on who you want to believe
to zba second of all in the first meeting that we had it was not over 10 people in that meeting
it was the block captain of the 5400 block of north fork was the jason right behind the
restaurant myself the democratic committee person for that division and resident for 5430
webster street there was a miss katherine blunt um who is the chairperson for the rto for the 46th
ward there was nicole crawford another committee person adjacent to my division sir so you're
going to need to speak for yourself. Okay. Well, I'm just saying the letter that he sent us is
not the same thing that he sent to y'all, obviously. He meaning Mr. Sampson? Mr. Sampson.
Okay. We'll look at the file. We'll look at the file. Okay. The other thing is I've been here,
i've been in this neighborhood for over 60 years okay and i have a responsibility
okay to be responsible for what goes on in my area uh the alley that they showed you
there's no way you're going to get a dumpster back there the alley is too narrow
and in the front if you which i should have took the pictures but you have 54th and christian
and you run right into baltimore avenue you got the trolley you have another angle from baltimore
avenue where if you want to go down 54th street cars are coming from that angle you have cars
coming up christian street that's going into baltimore avenue and i'm saying you can sit
there any day and watch cars trying to beat the trolley and almost creating accidents
that aisle in there the barbershop they park up on the island but there is no parking in the
neighborhood plus we've had several shootings in this neighborhood all down 55th street 54th street
so is it safe to say the issue this you hear is the bar the the guy that has the barber shop
he doesn't want a restaurant next to his store because he's saying it's going to create a problem
sir again you need to speak on for yourself you can't speak for the
the barber or anyone else just speak speak to the issue of what your objection is
mr carpenter you can unmute yourself i muted you please do not speak when the chair is speaking
oh i'm sorry i hit by accident no problem there's no parking in that area for a sit-down restaurant
all they're going to do is create a bottleneck and god forbid out of that would come out of that
and the residents on
Norfolk Street, Webster Street, and
54th and Christian are opposed
to this.
We're going to look at...
I need to interrupt you. You keep
talking about other folks. So we're going to look at
the file and see
if we can make sense of
what you're saying and what Mr. Simpson
is saying. But obviously there's conflicting
statements.
So we'll look at the file.
Okay. All right.
Anyone else who will testify in this case?
Mr. Chair, I have a Celeste Hardister with her hand raised.
I will allow her to speak right now.
Good morning, ma'am.
Please identify yourself with the record.
Spell your first and last name.
Provide us with your address.
Good morning.
I'm Celeste Hardister, C-E-L-E-S-T-E, Hardister, H-A-R-D-E-S-T-E-R,
at 368 Green Lane, Philadelphia, 19128.
You're swearing up for him to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
And where is Green Lane in relationship to 5405 Christian Street?
Green Lane is nowhere near.
I am testifying in the capacity of being a longtime friend of Amelia Bond.
She took care of my mother in her last days.
I know Amelia to be a responsible person who would fulfill what she says she will fulfill.
So if she says she's going to take care of the trash, she will do that. I can see in the photograph
that a dumpster is not a possibility here, but that certainly doesn't mean that trash can't be
A dumpster is not a possibility here, but that certainly doesn't mean that trash can't be taken care of responsibly.
So she would do that.
Thank you.
Anyone else?
We have no one further, Commissioner.
Thank you.
Planning Commissioner.
Thank you, Chair DeChico.
I'm so sorry, Chair.
If I could interrupt before Ian gives his recommendation.
there are two more hands up would you mind if they speak oh okay i'm sorry i thought we were
finished yes thank you i have a miss nicole crawford i can allow her to speak right now sir
good morning miss crawford please identify yourself with a record first and last name
spell your name i'm sorry my name is nicole crawford n-i-c-o-l-e-c-r-a-w-f-o-r-d i am
a community person for the 20th division 46 ward um and i live and do you swear and affirm to tell
the truth the whole truth nothing but the truth indeed i do please proceed um i live off of 55th
Baltimore Avenue, which is about a block away from the proposed restaurant. When we met with
Ms. Bond, we did share a lot of our concerns with it. As Mr. Lloyd said, one of the concerns or my
concerns is the parking and the foot traffic. We have had a lot of shootings around that area
and it's already a high trafficking area. If it's a sit-down restaurant, and I do believe based on
what I mean, they wanted to be a BYOB. I definitely oppose of that because when it's a BYOB,
generally people can bring as much alcohol at their table as they would like. And we just don't
want any type of loitering and open bottles any more than what we already have, as well as possible
people stumbling out intoxicated and public urination and things of that nature. It is a
residential block even though that property has been used for a commercial use before but
it's been a very calm kind of a usage so that so the neighborhood we know we supported that but at
this time I don't believe that this is a good match for our neighborhood at this time. Thank you.
Thank you, anyone else?
I have a Ms. Sylvia Murphy whose hand is raised,
I can allow her to speak right now.
Thank you, Ms. Murphy, please identify yourself
with the record and I swear you're in.
miss murphy please unmute yourself okay can you hear me okay awesome please identify yourself
and i'll swear you in my name is sylvia murphy i live on 733 south of the coast street
tell the truth the whole truth nothing but the truth yes i think you have another device on
pardon me
we're getting an echo
do you have on two devices
oh yes
you have to mute one of them
because there is an echo
okay great
all is well
okay so my concern is
parking in the area
I live
one block around the corner
from the establishment.
And the parking definitely affects all the way around the corner.
Traffic flow,
just trash, and people walking to and fro,
it's overwhelming, it's congested,
especially during rush hour
in the area.
um the the um uh i forgot my point that that's just a major concern i have a 10 year old daughter
who who um goes to the corner sometimes and i just don't want her to be uh overwhelmed or or
afraid because there is has been a lot of shootings um there is a corner store as well
the children frequent to go get potato chips and pretzels and she's afraid to go over there now
and afraid of crossing the street in that area. So that's just some points.
crossing the street in that area. So that's just some points.
I also have my black captain, Gerald Dabney, that would like to speak on Norfolk Street,
if he's allowed. Yeah, please, sir, please give us your full name,
personal last name, spell your name for us. My name is Gerald Dabney, G-E-R-A-L-D,
be any why.
You're swearing for him to tell the truth, the whole truth,
and we're getting a lot of feedback.
Do you have another device on?
Okay, try it again.
Okay, please proceed. Yes, we can.
Please proceed. I'm the block captain
of 5400 block of Norfolk Street.
since the last time we had
this meeting about this establishment,
parking has become even
worse because as of last night people are literally parking on the corner because parking
is so tight around here recently just on my block alone there's three families on on this block
that have three cars and it's becoming overwhelmed with with the cars and there's lack of parking
and to put an establishment at that particular location
would cause nothing but congestion.
And I don't live that far from the establishment.
And in the summertime with the windows open,
I would be able to hear everything that goes on around the corner
because that alley makes it an echo.
We already have issues with the raccoons, possums, mouse. We have issues with people just dumping
trash all over the area, especially 54th Street. People tend to dump their trash in the alley,
and there's no way you want to get a container in that alley, simply because of the pole
that's there. I believe there's other places suitable along Baltimore Avenue for that
particular kind of establishment, but not in a residential. People around here work. They work
all three shifts, 7 to 3, 3 to 11, 11 to 7. And to have that kind of establishment, 54th and
Christian and Baltimore Avenue would eventually be like 49th Street used to be.
So I oppose the establishment being at 54th and Christian.
Thank you. Anyone else?
Mr. Chair, I have Ms. Catherine Blunt. I will allow her to speak.
Ms. Blunt, there is somebody has something open. There you go, Mr. Gossett. All right.
Ms. Blunt, please identify yourself. First and last name.
Catherine Blunt, B-L-U-N-T. I am the co-chair of the 46th Ward Democratic RCO.
ma'am do you swear and affirm to tell the truth the whole truth nothing but the truth
i swear thank you please proceed so the concern also is that the first floor which includes a
kitchen takeout window catering business and the business office is not large enough to accommodate
all of those enterprises i so one of the things that should have been shown would have been the
lay out the the plans because there are plans which could identify where all of these entities
or how all these entities would be placed on the first floor. We also sent testimony
September 27, 2020 and I would ask that that be considered as part of the record.
So noted, thank you. Anyone else? Something new and different?
that's all chair we can move on thank you planning commission thank you chair chico
ian hegarty for the philadelphia city planning commission members of the board um the proposed
use at this location is consistent with the building's documented history of ground floor
commercial and uses on similar adjacent non-conforming properties accordingly the
city planning commission recommends that the board grant the variance thank you uh sharon
Endor, Tanya, we had some conflicting comments earlier about letters. One gentleman said there
were 54 votes in favor. Others are saying that is not accurate. Do we have any of that
material in the file? I will have to check that, Chair, but we do have, as I mentioned
earlier, Councilwoman Gauthier is in non-opposition. We can always check for whatever we have in
We can always check for whatever we have in the file.
the file.
I believe a reference, I'm sorry, this is Tanya, a reference was made to a letter for September 2020 as well.
If you wish, we can try to find the documents for the board to review at a later time.
It's up to you, Chair.
And do give me a minute.
I believe that Councilwoman Gauthier's email referred to the RCO's position as in favor.
I'm checking that now.
As far as the Councilwoman's email, it actually just says 5405 Christian Street.
our office has no opposition to the variance application at this address thank you and any
do we have anything in the file uh the earlier gentleman i can't remember his name uh uh that's
suggested there were 54 yes votes yeah that would be uh mr sampson
that would be mr sampson i believe he's still on the call
he's asking about the file we would have to check
here's what we're going to do we're going to close the record and the board will make a decision
next wednesday's executive session for mi 2020-000029 5405 christian street
okay okay calendar okay calendar number 0709 5830 arch street the attorney is christopher
bradley there are no exhibits third list is anyone here for 5830 arch street
i see no hands mr chair thank you mi 2020 that's 000 709 5830 arch street my vote is to dismiss
my vote is to dismiss dismiss dismiss dismiss thank you i believe that concludes the 9 30 list
there anything outstanding no that's it okay we'll see everyone back here at two o'clock
thank you all thank you i'm sorry chair if i could yes you know how we do if it would be okay with you
Oh, yeah. I'm sorry.
Thank you.
Can we just check to ensure
that there are no other matters
that the attendees would like to discuss?
Matters that have not been yet discussed?
There's no one in that virtual audience.
i believe there are two hands up
there's a halfling nicholas nicholas's hand is raised up let her speak
morning ma'am
miss nicholas yes um i'm her son i'm speaking on behalf of her but uh excuse me identify yourself
I'm Keon Nicholas.
What's your first and last name?
K-E-O-N-N-I-C-H-O-L-A-S.
We're in for him to tell the truth, the whole truth, nothing but the truth?
And you're speaking regarding?
I got a notice in the mail about a hearing today at 930, but I didn't hear it come up.
uh it is the i guess the the refusal
sir what's the address what's the address
the address of the case you're uh you're inquiring about he appears to be muted
can you hear me yes yeah we can hear you now what what's the address
3539 north 16th street
i don't see that on the 9 30 list
we can do a check offline yeah we don't i don't it's not on our 9 30 list
what was the address again 3539 north 16th street i don't see it listed at all today
what was the address again
yeah so mr sunkett will go offline with you to discuss that anyone else
i have a brian harris whose hand is raised sir
morning chair if i could interrupt for one second if you don't mind
miss bond continues to raise her hand miss bond your case has been completed
please confer with your attorney the decision will be rendered next week thank you kindly
thank you tanya anyone else
no further hands at this time mr chair okay with that uh we will see everyone back here at two
o'clock okay all righty thank you recording has begun is tom here no i don't think tom will be
with us this afternoon we're ready set me a note earlier um i don't think he'll be back right okay
got it got about that note are we live yes thank you uh so we'll give you a few minutes uh
jason no we're ready to go oh we're ready ready okay that makes sense thank you
mr mirror good afternoon good afternoon everyone my name is frank de chico i'm the chair of the
zoning board of adjustment i'll be participating in today's hearing along with our vice chair
miss carol tenere board secretary confessor plaza and board member mr james snell
Board Administrator Mr. Jason Han and our Board Attorney Ms. Sharon Saleta are also in attendance.
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 the report and that the recording will be 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, 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 should be directed to our board, Jason Hand.
With that, I will read from the 2 o'clock list, we have one request for a withdrawal, number 11 on our list, MI-2021-000373, 7912 Loretta Avenue.
it anyone object to that case being withdrawn please raise your hand at this time
no hands chair thank you is anyone at this time requesting a continuance or withdrawal
if so please raise your hand mr knock up some has his hand raised i will allow him to speak
Good afternoon, Mr. Notkinson. You know the drill. Identify yourself and I'll swear you in.
Yes, Alan Notkinson, A-L-A-N, last name Notkinson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Sir, please proceed.
Yes, we are seeking a continuance of 3338 North Reese Street.
That's number nine on our list.
MI 2021-000379-3338 North Reese Street will be continued unless there's any objection to that.
And if there is, please raise your hand.
Pardon me.
Hillary Emerson has her hand raised.
Good afternoon, Ms. Emerson.
Please identify yourself and I'll swear you in.
Good afternoon, Mr. Chair, members of the board.
Hillary Emerson on behalf of Councilwoman Sherelle Parker.
You swearing the firm to tell the truth, the whole truth, nothing but the truth?
and I'm actually I have my hand raised to discuss another case so not not the case uh that Mr.
Dockamson is here for. Okay just hang in there then. Sure. Any uh any objection to the uh continuance
of 3338 North Reese or EESC Street? And if not is there anyone else requesting
a continuance or withdrawal please raise your hand at this time.
for the two o'clock list request for continuances or withdrawals mr chair this is hillary emerson
again um number 10 on the list um 67 29 i'm sorry martins mill road um there were as i understand
there were no exhibits submitted this is the third listing um our office and the community are
opposed um and seeing that there's a rco meeting was held and seeing that no exhibits have been
submitted um we do ask that it be dismissed um with enforcement um see the illegal use is uh
already happening at the property okay thank you is anyone here for six seven two nine martins mill
I don't think I see any hands for that, Chair, but there's a Batita here.
There's a Batita with her hand raised.
I won't allow her to speak.
Yes, I'm here.
neighbor
well the case is going to be dismissed ma'am
why what happened
nobody showed up
no exhibits
what do you mean no one showed up
I'm sorry you're opposed to this
application yeah we're the
ones that live next door to that property
just relax
we're going to dismiss the case
you don't have to worry about it
MI2020
000746
6729 martins mill road is dismissed with enforcement dismissed with enforcement
dismissed with enforcement dismissed with enforcement
and the other requests for continuances or withdrawals
chair this is sharon i'm sorry if i missed this but i was on a call and did you announce that um
number 11 was withdrawn? Yes. Okay. Thank you. 11 was withdrawn. Number 10 is dismissed with
enforcement. Thank you. Thank you. One more time. Any other requests for continuances or withdrawals?
I see no further hands, Mr. Chair. Okay, Carol, I guess we proceed with number one on the list.
Okay. Calendar number 014310541 Drummond Road. The attorney is Rachel Pritzker.
There is a letter of non-opposition from Councilman O'Neill's office and a letter
of support from Walton Park Civic Association. Yes, that's correct.
Good afternoon. Hi, Rachel. How are you? Can you put your name and address on the record and spell
your last name? Yep, 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. Sorry. Gosh, the cat's not going to listen, right?
Mm-mm. No? Okay, so do you swear or affirm to tell the whole truth and nothing about the truth?
Yes. Do you also 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?
Have you emailed the exhibit packet with proof of ownership tax compliance?
Refusal refi-
We don't have a letter from the RCO. I believe they only sent it to the council office, but we do have a letter of non-opposition from council. So, yes.
Okay, can you have the cat raise its right paw? Frank would like to swear the cat in.
Leo? Oh, the cat's name is Leo. It is Leo. Okay, you may proceed. Thank you. I'm going to share my screen.
Okay, this is 10 541 Drummond Road.
This is a large parcel that is currently zoned I-2, and we are looking for a use variance
to propose a child care center, which is expressly prohibited in I-2 as it's an industrial zoning
district um i'm just gonna go down here's the leo here's the application here's the tax compliance
um here's the deed for the property
so as the board can see this is located on drummond road it's an industrial corridor
the company is called spins and they actually own the neighboring properties as well
and as you can see here, this is all of their buildings and they actually are just expanding
one of their daycares to be able to facilitate additional children. This is their business that
they run and they have a very good reputation in the community as you can see. Here's their
signage just so that you can see ownership of the building. There's also where our zoning poster is.
Again, I-2 doesn't allow for child care centers, so that's what we're here obtaining a variance
We met with the Walton Park Civic Association on Monday, March 8th, and received a letter
of support from the council office, and here is the meeting materials evidencing support
from the RCO, which was contained in the packet in addition to Councilman O'Neill's letter
as well. So again, this is just a large industrial space. We're just looking to utilize it as
a child care center and we have support from the community. And also we own the neighboring
building. So it shouldn't be any interference with the neighborhood in any way as they're
used to this use and the only thing prohibiting us is just the industrial classification of the
area. So that's the skinny of it and I would be happy to take any questions. I also have
my client Richard Greenberg on as well who I'd like to corroborate my testimony or adopt it as
his own and I'm happy to show plans if the board's interested but this is mostly just internal and
and then a small playground equipment on the property as well.
Now let's get your client on, please.
Do you see a Richard Greenberg?
Sorry, Greenfield.
My apologies.
Greenfield.
Hello, I'm here.
Hi, sir.
Good afternoon.
Please identify yourself with the records by your last name.
My name is Richard Greenfield, G-R-E-E-N-F-I-E-L-D, and I am the Chief Operating Officer here at Spin Incorporated.
We're in the firm to tell the truth, the whole truth, nothing but the truth.
Yes, I do.
Richard, have you heard my testimony today in front of the board, and do you adopt it as your own?
Yes, Rachel, I have heard your testimony, and I do adopt it as my own.
Thanks.
I'm happy to take any questions that the board may have, and Richard's here as well.
if there's any questions regarding this company.
Thank you.
Any questions from the board?
Anyone else would like to testify in this case?
If so, please raise your hand.
No hands at this time, Mr. Chair.
Thank you.
Planning Commission?
This is Ron Bednar, City Planning.
That's B-E-D-N-A-R.
Thank you.
You swear to the firm to tell the truth, the whole truth, nothing but the truth?
Thank you, Ron.
Please proceed.
Property is indicated for medium industrial use on the city plan.
We recommend that the use variants be granted.
We recommend that the use variance be granted.
Thank you.
Thank you.
MI 2021-0.
Sorry for that.
Please forgive the interruption.
No problem.
Ms. Agnes Elliott Santiago has her hand raised.
Should I allow her to speak?
Please.
Ms. Elliott?
I'm just curious to know,
is this the property on Reese and Glenwood?
33 38 about the right meeting no yeah that case has been dismissed okay let me make sure hold on
i'm sorry continue that case is continued 33 38 north east street is continued what do you mean
continued but i have another hearing date they're not hearing the case today so they changed they
didn't tell us nothing well i'm sorry excuse me uh the attorney representing the client
uh called up uh called in a few minutes ago and requested a continuance you'll be notified of a
new date you can continue chair thank you um where were we we were any other this is about
the dorm road anyone else would like to i think i already asked that we got planning commission
So MI 2021-00014310541, Durham Road.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you.
You're welcome.
Bye, Leo.
Calendar number 0446-1632-40, South 2nd Street.
The attorney is Zenzhen.
So long the oath from this morning.
Yes, Mr. Chair.
Okay, Madam Vice-Chair.
Mr. Jennings,
Thank you.
Hi, Mr. Jin.
Can you put your name and address on the record?
Please, and spell your last name.
Good afternoon.
Xin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA, 19103, here on behalf of the applicant.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and or plans, five days in advance of this hearing?
And have you met with the RCO and do you have a letter?
Yes to all.
Thank you. You may proceed.
Thank you. I'm going to share with the board the information regarding this case that we previously submitted to the board,
which included the refusal RCO letter from Pennsport Civic, photos, plans, related documentation, proving ownership, and tax compliance.
This is an application to subdivide what was a commercial-type building to build four new residential single-family properties with rear-access parking.
the refusals essentially uh two of the sets of refusals for open area and minimum rear yard
depth is partially triggered by the desire to put in the parking from the rear i will show the board
that via the plants that are attached but i just want to give the board a better idea of the
building we're talking about that is being replaced with the single family houses so this is a
commercial building that is going to be demolished and the lot itself is one large lot that will be
subdivided and put into four single family residential properties. As you can see nearby
most of the properties are in fact residential even though this particular building has been
in the neighborhood for quite some time. The proposal is to essentially take this lot which
is not completely rectangular in shape, but to put four single family houses with rear access
parking. In order to do this, the idea is to have the parking come through one end, one street,
and exit from the other. Mountain Street being the entry side and Morris Street being the exiting
side. This allows the minimum amount of intrusion into each of the street as these properties will
be at the end of the street near 2nd street and by putting the entrance here cars don't have to drive
street near 2nd street and by putting the entrance here cars don't have to drive all the way down
mountain street to get access in fact as soon as they pull into the street they will pull into
their parking and the same would apply on the exit side as a way to compensate for the lost
space due to parking it is proposed to have the upper floors pushed out a little further
this way allowing for nicer interior space for the living room which are essentially on the
second floor and then bedrooms and finally the roof itself. So the first floor will be the parking
for the cars with a small storage area and stair access in the front and then everything else will
be above for the single-family house use. When we met with Pennsport Civic, the Civic itself
generally was favorable of this design, and they prefer having these off-street parking.
Some neighbors had some objections, especially based on the access on the Mountain Street side.
However, in general, we had most of the neighbors were, in fact, not in objection, in any form of
objection to the proposal, including the neighbor immediately behind the property. Their main
concern with construction and my client offered her contact information and will work with
them directly during construction. As a result, we have a letter of non-opposition from Pennsport
and we would ask that the board rule favorably in this request for the variances. Again,
the variances itself, the lot sizes are actually very much consistent with lot sizes in the
area with the zero percent open space and rear yard is mostly because it's taken up uh firstly
by the driveway for the parking and secondly by us trying to make some more livable space on the
upper floors i'll be happy to answer any questions or present any other portions of plans that the
board would like to see more closely. Any questions from the board? No. No. No. Jim, before we
proceed, you want to have your client available? Yes, Ms. Peggy Peihong Tang should be available
with us. Peggy, if you could raise your hand so you can be identified by the administrator,
please. I have a TLC with their hand raised. I believe Planning Commission would like to speak
as well. I'm going to get, yeah, well, we're not there yet. Okay. I have a TLC with their hand
raised. I have allowed them to speak. Thank you. Good afternoon, ma'am. Please identify yourself
of the record spell your full name? My name is Pei-Hong Teng. Spells P-E-I-H-O-N-G. Last name T-A-N-G.
Do you swear and affirm to tell the truth? The whole truth, nothing but the truth?
I do. Thank you. Mr. Jin. Thank you. Peggy, you heard my testimony before the board and
saw the presentation. Can you verify that the information I presented to the board is true
correct and adopt my testimony as your own? I do. Thank you. Thank you. Does anyone else
like to testify in this case? If so, please raise your hand.
Ms. Madeline Shacumba has her hand raised. I will allow her to speak now, sir.
Good afternoon, ma'am. Please identify yourself with the record,
spell your first and last name, and provide us with your address.
Hello.
Oh, I'm trying to speak on this case.
I've been trying to get through, and I didn't know I had gotten through already.
So I have another case I wish to speak on.
Chacomba, this is about 1632 South 2nd Street.
No, no, I don't want to speak on that case.
I don't think you did.
I'm having trouble with my computer.
All right, just hang in there.
Anyone else like to testify in this case?
If so, please raise your hand.
There are no further hints at this time, Mr. Chair.
Thank you.
Planning Commission?
Ron Bednar, City Planning.
Property is currently indicated for mixed use on the city plan.
We recommend that the requested variance be granted.
Thank you.
MI 2021-000446-1632-40 South 2nd Street.
My vote is yes.
My vote is yes.
my vote is yes my vote is yes my vote is yes thank you calendar number
My vote is yes.
My vote is yes.
zero four four eight 1929 cater street the attorney is matt monroe
good afternoon uh good afternoon name and address on the record please matt and spell your last
name sure uh maddie monroe m-o-n-r-o-e 2030 pemberton street 19146 do you swear or firm
to tell the whole truth and nothing but the truth i do do you also agree to waive the reading of
Refusal and stipulate to its accuracy.
Agree to waive the reading, but the refusal is inaccurate.
It states that there is a five-foot setback at the front,
and the plans state that there is a zero-foot setback at the front,
and that's why we're here.
Have you emailed an exhibit packet with the required documents
consisting of 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?
To all of them.
You may proceed.
Great.
Chairman DiCicco, members of the board, I'm pleased to be here today with my client,
Kira Kaczynski.
And if I may, I'll just go ahead and share my screen.
Here's just a second.
Quick adjustment.
Okay. My client owns 1929 Cater Street. It's a single family row home on a small block of the
1900 block of Cater Street. Ms. Kaczynski has been in the house a number of years and is planning to
add a third story because, you know, she's closed in by the square footage. Just to introduce you
to the documents we have, we have exhibit A, one, the deed, exhibit two, the refusal,
exhibit three, the application for appeal, exhibit four, all the notices with the certificate of
mailing, we posted the notices, exhibit six, we have the RCO letter of deferral, and I'll explain
that in a little bit, and then the plans at exhibit seven. At exhibit eight, we have some
property context photos and exhibit nine is a good tax certification um uh chairman chico members
of board the the plans here mr monroe yes you're you're stuck on the first exhibit um okay uh let's
see let me uh let me let me do an unshare and then a reshare
all right
are you looking at a page of a deed now
yes okay great thank you sorry about that uh you can make if you can enlarge those a little bit
that would be helpful. Absolutely. Let's see.
Let me get down to the plans, because I think that's probably what we're going to be more
interested in, because I don't want them to be totally outsized.
All right, here we go.
Now we're cooking.
All right.
Well, I guess for starters, I'll just go show you the zoning context here.
It's an RSA 5 block on the 1929 Cater. And here's a photograph of the current conditions.
The photo on the left is Ms. Kaczynski's home. The next photo is a new construction of another
home with a third-story mansard roof that's being built. Ms. Kaczynski engaged her designers and
And before she went and started spending money on the plans and permitting, she talked to people in the neighborhood.
SOSNA, the South and South Neighborhood Association, has had a long-time policy of encouraging people to build to the character of the neighborhood and has typically supported plans for third-story additions so long as the cornice line was maintained and the scale of the third-story wasn't out of size of the block.
SOSNA, the South and South Neighborhood Association, has had a long-time policy.
Here's a view looking north, or I'm sorry, a view looking west on the street, and on the other side
you can see a view looking south on the other side. To the plans, Ms. Kaczynski just wanted to
have a nice Philadelphia row home that kind of fits in with the character of the neighborhood.
There was one change that the South to South Neighborhood Association Architectural Review
Committee requested, and that was to change the dormer windows from a shed roof to a gable,
I'm sorry, from a gable roof to a shed roof. They made that change in the documents that are at
Exhibit 7, and if the Board approves this request, we're going to ask that the proviso be entered
for the shed roof instead of the gabled roof, which is an exterior change of the plans.
Here, Ms. Kaczynski is on a very small lot. It's an 800-square-foot lot. Under the code,
there's a 1,440-square-foot minimum lot size under the new code for a RSA-5 property.
So in order to have a livable space, which she can have as of right, up to 38 feet high,
we're requesting a modest variance to eliminate the front setback. And as part of the visual
element, we're adding the mansur roof. Now, just to get to the dimensions, and I'll bring up the
size a little bit. Here, the code permits people to build an RSA5 property up to 38 feet at the
roof line. As you can see here, the only the pilot house, the pilot house comes under 37 feet. It goes
up to 37 feet. The roof is actually at 27 feet or just shy of 27 feet. But because Ms. Kaczynski
didn't want to have something that was way out of whack with the rest of her block, she opted to
come down and bring down that pilot house, which is below 37 feet. So technically, she could put
on an entire fourth story at this height, but has chosen not to, and instead keeping
that as an access structure to the roof deck.
With that, I think it's a relatively simple issue.
I think that there is a good case for the hardship, and I know that there may be one
or two people appearing from the neighborhood, so I just want to cover some key points that
were in Saskia's letter, very well detailed and kind of goes into what was discussed at the RCO
meeting. I'll note that we were one of two projects with a third story edition that night
and there was some debate on the hearing prior to us about whether or not they wanted to have
a mansard on that one because it was on a block with various different types of roofs.
um and here again this was something that was uh proposed and um in accordance with uh what
sas has been requesting that people do um one the there were two near neighbors who showed up
um and and one and both expressed uh some concerns uh there's a gentleman immediately across the
street who um effectively said that he preferred a straight up and down building as opposed to a
answered um i took that as a as a um uh an approval of the uh zoning um of the zoning
variance that was requested because effectively what he was asking for was a design change but
um uh the opposition wasn't to um to the third story uh across the board and then two there was
another uh person who lived down the block uh who was concerned about their creating precedent
As I stated at the RCO meeting, and I'm sure the board will agree that each of these cases
is taken on a case-by-case basis, and certainly there's not just one size fits all as it comes
to a variance.
So with that, I think that those are the basic issues, and if I could ask Ms. Kaczynski
to virtually raise your hand.
is my client.
Ms. Kuczynski has been allowed to speak, sir.
Good afternoon, Ms. Kaczynski. Please identify yourself with a record, first and last names, by your last name.
Good afternoon, Ms. Kuczynski.
Please identify yourself with a record
first and last name, Spike.
Kira Kaczynski, K-A-S-Z-Y-N-S-K-I.
I'm going to tell the truth, the whole truth, nothing but the truth?
Thank you.
Ms. Kaczynski, did you hear the factual statements that I made in my presentation?
And were they accurate to the best of your knowledge?
Do you adopt them as your testimony?
Yes. Okay. And Chairman DiCicco, we'll try to keep this quick, but I believe that Ms. Kaczynski did bring a witness to speak in support of the project because I think Ms. Chacombo might be speaking in opposition if we could.
Ms. Kaczynski, do you know who else is on the Zoom call?
Yes, I believe a couple of neighbors from Cater Street. Stephanie Sesker.
Before you get to that, just excuse me.
I just want to ask, do the board have any questions?
Now we'll ask if there are any other witnesses who'd like to testify.
Now, Ms. Kaczynski, your neighbors, could please get on, identify themselves first and last name,
spell their last name, and I'll swear them in.
and if any of the witnesses could uh who are present could raise their virtual hand
okay mr chair i have a uh miss stephanie sesker i have allowed her to speak
good afternoon ma'am to be sworn in good afternoon ma'am please identify yourself for the record
spell your first and last name uh stephanie sesker s-e-s or stephanie s-t-e-p-h-a-n-i-e
sesker s-e-s-k-e-r tell the truth the whole truth nothing but the truth i do and what is your
address ma'am 1915 cater street thank you mr monroe uh good afternoon miss esker um uh thanks
for being with us um now so you live on the same block as miss kaczynski yeah my husband and i are
block captains and i've lived here for 20 years okay and um have you seen the the plans for uh
her house? I have. And as people who've lived on the block for 20 years,
would this application be in keeping, if it was built out, in keeping with the character of the
block? Absolutely. I would have to say that in all honesty, the block doesn't really have that
much character. There are several three-story houses, some with bump outs, all except one
goes straight up in the front there's a mansard roof being built right now um i i don't there's
really no consistency on this block and so um and uh i guess as far as the scale of this uh house
goes is it is it in keeping with the scale uh or or shorter than the other uh three-story homes that
are on the block uh it's shorter than quite a few okay and um and and i guess because it was uh
Cater Street used to be just an all two-story block.
When I moved here, it was all two stories except for one old house, right?
That was three-story.
And since then, there have been a lot of additions.
Some of them go way out in the back.
Currently, there's being one built with a huge pilot house in the middle of, you know,
that basically interrupts everyone else's view.
The construction is not very uniform.
Let's put it that way.
And is it fair to say that this one doesn't do that?
this one looks uh like it fits very well with the more modest third editions on on the block
okay great thank you thank you for your time i appreciate it okay thank you ma'am anyone else
to testify please raise your hand
uh mr kumba i'm sorry mr kumba wanted to testify but i put her hand back
down until it was time. Matt, do you have anyone else? I don't know. Kira, is there anybody else
on? I think John Black should be on. Okay. Mr. Black, if you're there, please raise your hand.
Mr. Edward Black had his hand raised. I have just allowed him to speak.
Good afternoon, Mr. Black.
Please identify yourself with a record, name and address.
My name is Edward John Black, Jr.
People call me John.
My first name, Edward, is spelled E-D-W-A-R-D, last name Black, B-L-A-C-K.
And I live at 1924 South Street in Philadelphia.
Do you swear to the firm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Thanks for being with.
Thanks for being with, oh, I'm sorry, that didn't mean to interrupt you, Mr. Blackheart, just to ask you a couple of quick questions to try to get to the point. How long, so you live on the same block as Ms. Kaczynski?
Oh, I'm sorry.
That didn't mean to interrupt you, Mr. Blackheart, just that we can see that at
Correct, but on South Street.
Oh, I'm sorry, but on South Street, so at the rear of the property. And have you seen the plans for Ms. Kaczynski's property?
I have.
And tell me, I guess, what is your interest in this property on the basis that you're
at the rear of the property versus at the front?
Well, again, it will be obstructing my view, potentially.
So I wanted to make sure that the building was appropriate in size and structure, and
I believe it is, compared to the house three doors down that is now being built with a
huge bump out in the back, as was previously noted.
this this house is more fitting this construction is more fitting for the block great and so and
I don't know if you heard in the testimony that under the zoning code people have the right to
build up to 38 feet but in this case and so Ms. Kaczynski could build a four-story building up
to 38 feet but the pilot house which only occupies a portion of the roof is going up to 37 feet which
is less than the absolute height and then the remainder of the property is going to be open to
light and air um did you did you hear any of that uh information or testimony or you see that
previously in the plans yes i did and um how did that factor if at all into your uh opinion on this
property well again i think that the the size of the pilot house is appropriate given the size of
the house so i have no objections okay great thank you for your time mr black thank you thank you
anyone else who wishes to testify please raise your hand I think uh Jenna Marcolina might be
able to talk she might have had to hop off if she's there uh she may have a second
hi good afternoon can everybody hear me yes ma'am please identify yourself for the record first and
last name spell your last name and uh provide us with your address sure it's Jenna Marcolina
1933 Cater Street
Spell your last name please
Oh spell M-A-R-C-O-L-I-N-A
Thank you
Swear and affirm to tell the truth
the whole truth
nothing but the truth
Please proceed Mr. Monroe
Good afternoon Ms. Marcolina
and thank you for being with us
How long have you lived on the block?
I have lived here since 2014
And you saw the presentation earlier. I guess, can you tell me what you think about this?
How, if at all, does the design of this home impact the character of the block?
In reviewing the design, I think it is a reasonable proposal. I think it keeps in character
with the existing look and feel of the block. And I appreciate all of Kira's efforts to keep
per project within the size and scale of similar houses on Cater Street.
Great. Thank you very much. Thank you. Okay, Matt, do you have anyone else?
No, I don't think so. Is that it, Kira? That is all. Thank you.
Okay, anyone else to testify in this case, please raise your hand.
excuse me chair i know that um miss sunkett has mentioned this but i know that madeline
is trying to um get on to testify if she isn't able to um connect by her zoom link would it be
possible for you to wait for one minute so she can call on my cell phone and testify the speaker
thank you okay all right can you hear me hear you now please identify yourself with a record
spell your last name madeline shakumba spelled s-h-i-k-o-m-b-a did you swear and affirm to tell
the truth the whole truth nothing about the truth yes i did humble please proceed okay first of all
um we had a there was a meeting held concerning this matter and the letter sent in by sasner
was the letter of the pharaoh because most of the people there were opposed to what she wanted to
build she has now come forward with people who i don't know if they were at the meeting or not
because uh she they couldn't have been because she comes forward with them now
what i'm asking but that's not her responsibility i understand that what i'm saying
shakamba please it's been a while just relax i just want to point that out she has the applicant
it's not the applicant's responsibility people want to oppose they do exactly what you're doing
now they can call in and will listen to their company their concerns
and will listen to their concerns. Please proceed.
Mr. Comber has been muted. I've asked her to unmute.
They think my computer keeps going back and forth on this thing, but that's why I'm having a problem.
Anyway, the building that he's referring to, all the buildings in that block don't meet the zoning code.
Remember that this zoning code came to play in 2012, and all these buildings were built way back, maybe 50, 60 years ago.
So therefore, none of the buildings, in fact, a lot of the buildings in our area do not meet the zoning code.
Second thing is that it was a letter to the federal that was sent to you by Sazna because of the opposition from the people who did attend the meeting.
Thirdly, we are opposed to, because if you notice, she has a huge pilot house that she wants to build that goes beyond the existing regulations.
I wanted to know why she needed such a huge pilot house.
I thought a pilot house was one that would just give you access to the roof.
But yet hers extend beyond that.
And many of these people are now building pilot houses that go beyond what their regulations are.
And I noticed she didn't mention that in her presentation, nor did Mr. Monroe.
Okay, so that's another thing that we have a problem with.
Okay, we're trying to get more conformity in our neighborhood because of the various hodgepodge methods that are being taken place in the neighborhood.
A lot of these houses that have been built were done before there was any kind of regulations.
let's just stick to this property at 1929 cater as i'm speaking to okay well you're saying other
properties and apparently there are people who live on this block who have testified in favor
of these are the people who will be most immediately impacted well there were a couple
of people that two near neighbors or three near neighbors who were at the meeting well they have
And they were right next to her, and they were opposed to what she had to do.
Well, if they're wrong, we'll listen to them.
But as of right now, speak for yourself, please, and we'll appreciate it.
I just want to make two objections for the record.
I understand Ms. Chacombe is still speaking, but one would just be based on any hearsay statement about what other people who are not present at this meeting said.
I object to that on the basis of hearsay.
And then number two, I object on the basis of Mr. Comba's standing.
Wait a moment.
I represent the RCO, okay?
All right.
Let me tell you what I have to say.
Sustain on the first objection, overruled on the second.
What I'm saying to you now, if you look at Sassana's letter,
they themselves point out the people who were there and the vote that they gave.
So not that I'm saying anything on hearsay.
the vote shows that two people who
said they were near neighbors opposed
what she wanted to do and those near
neighbors were almost live right next door
to her so I don't know what he's opposing
me but the Sassner letter
will support what I have to say
we have the Sassner letter
he said two near neighbors
were opposed
to it okay and
one was in support
of and then the community at large it was
two who was opposed to it
okay what they mean the people some of them still live on the block but they too were opposed to it
well they they have an opportunity to do what you're doing and apparently
unless there's anyone else to speak on this case they chose not to well it chose to say
they didn't they didn't realize that okay it's hearsay okay if they have a problem with this
application they have every right and responsibility to make their voices heard
anyone else would like to testify in this case
no other hands at this time mr chair thank you planning commission
sir ron bednar city planning
property is currently indicated for residential use on the city plan given the documented site
constraints. We recommend that the variants be granted. Thank you, Ron. Mr. Munro, is there a
revised plan? Yes, and we emailed that. One page? Two pages. Okay, very good. MI 2021-0004481929
cater street my vote is yes with the proviso revised plan two pages approved today thank you
yes with proviso my vote is yes with proviso yes with proviso you calendar number
yes for proviso my vote is yes with proviso
zero four five oh two one two eight south 15th street the attorney is zhen
yes good afternoon hi name and address for the record please yes zhen jen z-h-e-n j-i-n
1617 John F. Kennedy Boulevard Suite 1838 Philadelphia EPA 19103 here on behalf of the
applicant. And you're still under oath. Do you agree to waive the reading of the refusal and
stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership tax
compliance, photos and or plans of the property, a copy of the refusal and or referral, and have
done this five days in advance of this hearing? Have you also met with the RCO? And do you have
a letter? Yes to all questions. Thank you. You may proceed. Thank you. Good afternoon. I'm going
to share with the board the information related to this case. We have submitted the refusal RCO
letter from Broad Street West Civic Association, photos, plans, and related documentation of
ownership and tax clearance.
This application is refused because it is an application
to legalize a two family structure
that exists at 2128 South 15th Street.
And the proposed use is prohibited in the zoning district.
We met with the RCO in person
and received a non-opposition from the RCO.
No actual neighbors showed up,
Although a neighbor did send in an email objecting to the request, but I believe we discussed the reason for the proposal because the building exists in its existing situation.
although there are no specific records of a legal application prior, my client purchased it to live
in one of the units and actually was seeking to rent the second unit. She did not realize,
of course, at the time of purchase that this is not zoned currently as a legal duplex structure.
The RCO board reviewed the situation, asked my client questions, and ultimately voted not to
oppose the project, partly because this is not a new structure, nor is this recent changes or any
changes that my client was involved in. And she essentially purchased the property, thinking that
it was a duplex property. The layout is as it exists in the property. The first floor and
basement is one unit, second and third floor, which is a half size floor, is a second unit.
my client does own the property and she is residing she's planning to reside in the property
as well so we would ask the board's consideration in this case based on the rco's non-objection
as well as on the prior existing conditions of the property being that it was set up as a duplex
prior to my client's purchase i'll be happy to answer any questions or share any specific
information the board would be interested in again this is the property in the photo
just for reference thank you is your client available yes my client should be here with us
miss lee first name is bi
the full spelling i don't know if she's here as her name on the um on zoom but it's bi xia li
I mean, Ms. Li is here, but she appears twice in the audience list.
She may raise her virtual hand.
Yes, Ms. Li, can you raise your hand on the computer system?
You might be logged in on both the phone and the computer.
I don't know if she's having technical issues.
Okay, why don't we do this as an officer of court
we'll stipulate that your client
would be adopting your testimony.
Any questions from the board?
Anyone else like to testify in this case?
If so, please raise your hand.
No hands at this time, Mr. Chair.
Thank you.
Planning Commission.
Ron Bednar, City Planning.
property is indicated for residential use on the city plan given the use history we have
we recommend that the variance be granted. Thank you. MI 2020 does
variants be granted. Thank you. MI 2020-000450-2128-South 15th Street. My vote is yes.
My vote is yes. My vote is yes. My vote is yes.
Thank you. Calendar number. Excuse me. Yes. Mary, before you proceed, can I interrupt for one
minute? There's a case. There was a rather a hearing on reconsideration that was scheduled
to be heard at two o'clock it is not on your list and it is being continued at the request of all
parties um so can i just read that into the record yes please okay mi 2020 001383 4003
filbert street the hearing on reconsideration is being continued thank you sharon calendar number
0398-2417 Coral Street.
The attorney is Matt Monroe.
Hi, Matt.
Can you put your name and address on the record and spell your last name?
You have to...
I'm muted, Matt.
sorry about that that's okay go ahead no worries uh yeah matt monroe uh uh m-o-n-r-o-e
2030 pemberton street 19146
um do you swear from well you're already sworn in do you also agree to waive the reading of
the refusal and stipulate to its accuracy i do 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 to all those
thank you you may proceed uh good afternoon chairman de chico members of the board i think
this one should go uh pretty quickly uh faster than the last um my clients are uh jeff cullen
and i'm sorry uh jeff miller and cullen quinn uh who are partners who are jeff miller is a long
time tattooer in Philadelphia community and Colin is his apprentice who's becoming a full-fledged
tattooer as we speak. They've gone in together on a partnership on the studio at 2417 Coral Street in
the East Kensington area. The document that I have on the first page shows the building that they're
planning to occupy. As you can see, it's a recently renovated, very nice new construction
building with a commercial space on the ground floor. It's relatively small in an apartment
upstairs. Unfortunately, there was the photo building business that was on the ground floor
that became a victim of COVID pandemic and went out of business and the commercial space was
shuttered. My clients are looking forward to starting this place. Tattoo businesses were
one of the businesses that opened along with hair salons and professional services,
other personal services businesses earlier in the pandemic, and have been thriving since.
So what we have here is just an application. The hardship, of course, is based on the fact that
The zoning code makes it very difficult, near to impossible, to open a tattoo shop as of right in the city of Philadelphia.
And this is based on sort of archaic positions and opinions about tattooers and people with tattoos.
Jeff Miller, for example, is just another suburban dad who has been doing this business for a number of years,
basically comes in at 9 or 10 in the morning, tattoos one or two clients, and then gets home
to be with his kids in the suburbs by the afternoon. Cullen lives in the neighborhood
near the Coral Street property. They've got a lease with several options, and I'll just get down
to the details. We did send out, of course, the notification letters. We have the certificate of
service. We have the lease. We have the tax compliant documents. The zoning notice was
properly posted and documented, as you can see here in the window. And our meeting, we had a
well-attended meeting at the East Kensington Neighborhood Association, and we received a
support letter. There was only one concern that was raised by a single individual, and the only
concern that anybody in the community had about this after hearing from me and Colin
and Jeff was the type of art that would be posted in the window.
Without any basis, I think that he raised a question and was concerned that there was
going to be adult material in the window.
adult material uh in in the window uh they they don't do that they won't do that and um it was
it was unfounded uh there's an overwhelming vote in favor of granting the variance and um just to
to show uh the board they are in this small cmx1 property that's on the corner the area had been
uh recently uh or not i guess in the last 10 years rematch it's directly across the street
from an irmx property and there's um uh industrial properties in the area it's also a long time uh
working class rsa5 uh you know single family home neighborhood there's a tight-knit community
jeff and colin have already gotten to know their neighbors and um i believe they they could get
some out in support though uh in order to avoid you know dragging things out uh we we just wanted
to try to do a short hearing just uh for the record here's a list of other types of regulated
uses that are treated like tattoo shops and are differently in, you know, basically adult-oriented
merchandise, adult-oriented service, drug paraphernalia stores, gun shops, detention and
correctional facilities, etc. These guys are just going to be doing as a, by appointment only,
their, you know, their hourly rates are pretty high, professional services type rates,
um so it's not just going to be you know people coming in uh like they would and you know panama
city beach trying to get like a dolphin tattoo because they were drunk on vacation it's not that
kind of a shop uh this is pretty elevated stuff and they're going to be spending money um if the
board's interested here's uh some of their art uh which i'm putting up on the screen uh uh and
they've they've been uh these guys do good work uh they're clean and they just are looking forward
going in business for themselves after working for people for a long time with that if the board has
any questions i um will rest my presentation so my road do you have a client i do and uh jeff
or cullen if you're on if you could raise your virtual hand either one we don't need both right
just just one well good afternoon sir please identify yourself with the record first and last
name my name is cullen quinn spelled c-u-l-l-e-n last name q-u-i-n-n i do have my partner jeffrey
miller next to me as well if you'd like him to speak we're in the firm to tell the truth the
whole truth nothing but the truth i do all right uh mr uh mr quinn did you hear the factual
statements that i made in my presentation yes and um were they accurate yes do you adopt them
as your testimony i do okay great thank you questions from the board no
anyone else like to testify in this case if so please raise your hand
Mr. Chair, I have a Trevor Moran, whose hand is raised. I will allow him to speak at this time.
Good afternoon, sir. Please identify yourself with a record, spell your first and last name,
and provide us with your address.
Sir, please unmute yourself.
Sorry about that. Can you hear me now?
Yes, please identify yourself.
Sorry about that. My name is Trevor Moran, spelled T-R-E-V-O-R-M-O-R-A-N.
I live in and own the adjacent property at 2419 Coral Street, Philadelphia, PA, 19125.
You sparing a firm to tell the truth, the whole truth, nothing but the truth?
Thank you. Please proceed.
I'm here in opposition of this variance for the tattoo parlor at 2417 Coral Street.
In addition to the separation requirements from the protected use properties, which in this case includes nearby schools and a popular playground less than 100 feet away, I'm opposed to allowing a tattoo parlor in the CMX1 property that lays it adjacent to a residential district.
citing the legislative findings in code 141605 which I quote the council finds that there have
been a recent proliferation concentrating in certain areas of the city of certain uses and
that the concentration of these uses causes a deleterious effect on the aesthetics and economics
of the areas in which these uses are located. A tattoo parlor is expressly included as one of
these regulated uses and I agree with the findings here. Within a half a mile of this
proposed tattoo parlor there are already in operation eight other tattoo shops and three
of these shops are existing within 1300 feet of this property. I question what benefit to the
community can be provided by adding another shop to this high concentration of tattoo shops in the
neighborhood. This residential district is a growing one and in need of businesses that serve
of businesses that serve regular convenience to the local community for which this property is
regular convenience to the local community for which this property is.
specifically zoned to accommodate. However within the same half mile that contains these eight
existing tattoo shops to the best of my knowledge there are zero hardware stores, zero bookstores,
zero art supply stores, zero sporting goods stores, music supply stores, zero financial advisors,
there's numerous schools, there's no school supply stores, and the list goes on and on.
By proving this variance we'd be denying the opportunity for a business that'll benefit the
residential district to occupy the space and a residential district which is in need of these
basic and valuable commercial services. Instead this variance would be adding another tattoo
parlor with little utilities to the majority of the surrounding neighbors and in an area already
proliferated with tattoo shops. There are a number of alternative parcels with zoning industrial
zoning available in the surrounding area as well as commercially zoned corridors which are more
suitable for tattoo shops. I believe the application for this variance is solely based on the convenience
of the lessee and not the neighborhood and not because a variance is the only reasonable
alternative. Citing Article 9 of the Pennsylvania Governor's Center for Local Government Services
handbook on special exceptions, conditional uses, and variances when I quote, a variance is not
inappropriate merely because the zoning ordinance is in conflict with the landowner's desired use
of the land. I contend that the desired use is the primary reason of the variance and I urge you not
to approve it. Thank you for your time. Thank you. Anyone else who would like to testify
in this case, please raise your hand. No further hands at this time, Mr. Chair. Mr. Monroe,
would you bring up the the vote sheet from the RCO? Yes. Yeah, there was 29 votes in favor,
one in opposition, three in non-opposition. Thank you.
Anyone else to testify in this case, please raise your hand.
No further hands at this time, Mr. Chair.
Thank you.
Planning Commission.
Ron Bednar, City Planning.
Property is indicated for commercial mixed use on the city plan.
We recommend that the requested variance be granted.
by 2021 that's 000398 2417 coral street my vote is yes my vote is yes my vote is yes
my vote is yes thank you sure good luck calendar number 0 4 2 9 24 0 2 north 2nd street the
attorney is Alan Nockamson.
Mr. Nockamson has been
has he been sworn in already?
Yeah, it seems like he's always here.
So I never know if it's from one
week to another when he was here.
Hi. Name and address for the record.
Yes, Alan Nockamson.
and Occamston, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
So you're already sworn in?
Do you also agree to wave the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with required documents consisting of 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, in all respects.
Okay, great. You may proceed.
All right, can I share my screen?
All right, thanks.
All right, so I'm here to present 2402 North 2nd Street.
My client is V2 Properties.
I've been in front of this board probably a half a dozen times over the last year or so on projects on North 2nd Street.
This board on each occasion has granted a similar variance.
This is a CMX, I believe, 2 property, and, oh, by the way, my packet of materials will include the deed to the property, the tax clearance, notice of refusal, nearby CMX 2 residential triplexes this board has granted in the past, application for appeal, the zoning map and other maps of the neighborhood, photographs of the property in the surrounding area, and architectural plans and drawings, and most importantly, a letter of support from the coordinating RC.
NARA SQUARE COMMUNITY ALLIANCE, AS I INDICATED WE'VE BEEN
Norris Square Community Alliance as I indicated we've been here many times this is the deeds of
property but in the tax clearance certificate but I've presented this similar type of project
in front of the board many times over the last year this is CMX2 property all we're trying to
do is make this all residential so we're getting refusals because we're swapping out we're proposing
to swap out the commercial component and put a residential unit in there my clients v2 properties
one of the better known developers in the city of philadelphia twice they've been recognized by
the philadelphia inquirer as developer of the year not only do they have a large quantity of
inventory year in and year out but the quality of inventory is well known as well again the two
refusals are because we're swapping out the commercial component for the residential component
And, you know, just as an example, and these are the ones I've done, I know that there's been other on North 2nd Street, 2204 North 2nd, 2529 North 2nd, 2531 North 2nd, 2240 North 2nd, 2262 North 2nd, 2238 North 2nd, all approved by the board under similar circumstances.
Just for the Board's notation as well, every single time we've presented, the Planning Commission has supported the granting the variance because according to the Planning Commission, this section of the North Square area, which is close to a commercial corridor, has not been rezoned since, I believe, the 1930s.
And if there was an opportunity to rezone it, it would be RM1, which would allow this use as of right.
My computer's kind of slow, so I'm sorry.
Just dragging.
Here's our application appeal to the ZVA along with our project information form, again showing
where we are in the neighborhood, all CMX2.
We are near some RM1, but the goal here is to support the commercial corridor that's
trying to develop on North Front Street and not to redirect commercial traffic away from
there on North 2nd.
here's a picture of the properties of vacant lots that's well maintained pictures to the
right of the property on north second pictures to the left of the property on north second
and then the architectural plans and drawings let me just make this a little bit smaller
but this is the quintessential v2 properties brick facade uh to keep you know a modern
a classical look but with a modern feel
floor plans each of the each of the kitchens will have a trash closet
and then most importantly our letter of support from the community
and just so you know that we are working closely with the north square community
one of the our goals and we've been trying to work with them over the last few months is to
create an internship program. Because of the amount of volume we have in the Norris Square
area, we're trying to work with the community in terms of employing members of the community
through an internship program. And then that's noted in our letter of support as well. With
that, I would ask that Bill Archer virtually raise his hand.
Mr. Archer has been allowed to speak, sir.
Can you hear me, Alan? Yes, yes. Mr. Chair, do you want to
swear in Mr. Archer? Yeah, please identify himself.
uh bill archer uh b-i-l-l archer is a-r-c-h-e-r we're in the firm to tell the truth the whole
truth nothing but the truth yes i do all right thank you um mr archer you heard everything i
stated today yes i did and is it true and correct yes and do you adopt it as your own testimony yes
I do okay okay any questions from the board yeah who's the developer that you referenced
oh v2 properties okay thank you you're welcome we have some did we recently have some issues with
permitting for some of the projects v2 has been involved in
I believe so.
I'm not aware of that, Mr. Chair.
I think there was an article in the Enquirer about it before.
Oh, that was years ago.
That was about maybe a year and a half ago or so.
It was. And my office actually worked with the city in terms of dealing with that issue, where we were working with a general contractor who did not obtain, I guess, sidewalk closure permits in a timely fashion.
It was, and my office actually worked with the city in terms of
But we eventually obtained all those permits and paid whatever the fees were in the associated funds.
But that was one of three crews that we have for V2 properties.
So that was a problematic crew.
We have two other crews that have never had issues.
So they're not the crew that was forging permits?
Oh, well, that was our general contractor.
They were not fee-to-properties.
That's what I'm saying.
Like, we hired the general contractor who was a problematic contractor and dealt with it.
All right.
Anyone else would like to testify in this case, please raise your hand.
Mr. Chair, I have Sloan Fulks. I will now have to speak at this time.
Good afternoon, Mr. Fulks. You're still on their oath.
Good afternoon again.
Yourself for the record.
Yes, sir. Good afternoon again, Chairman DiCicco and ZBA board.
My name is Sloan Fulks, S-L-O-A-N-E, F is a fire, O-L-K-S, Office of Councilwoman Maria
Keyones-Sanchez, room 508 City Hall. The Councilwoman, given that the coordinating RCO provided
a letter of support with conditions that cannot be enforced by the ZBA, the Councilwoman
offers her uh offers uh uh non-opposition provided that the uh the developer meets the uh requests
of the community um as stated in the uh letter that uh they provided to the uh zba and to the uh
applicant mr knockinson has your client entered into a community benefits agreement
uh no we have not formally entered a community benefits agreement but mr slokes was present at
the initial meeting we had a few months ago uh with regards to the internship program
so even without a community benefits agreement we have been pushing hard to get that internship
program up and running if anyone else would like to testify in this case no oh i'm saying no
planning commission i'm sorry jason did i get ahead of myself anyone else
um no sir no further hands okay planning commission i'm bednar city planning
while this property is currently indicated for commercial mixed use on the city plan
we recommend the grant for variance provided maximum three units only
well but we're allowed three units
they're saying not to exceed three you got it but we're what we're asking for is to swap the
fourth unit which would be the commercial unit for three you know to make it four units we're
allowed three residential units and Mr. Nockimston not to be difficult but I think you said when I
asked the question that you're still working through the uh community benefits agreement
No, we're working with them on the internship program.
We have actually reached out to them on multiple occasions to schedule a follow-up meeting.
And, you know, they've stated to us that, unfortunately, at this moment, they don't have the time or the bandwidth to address this because they're dealing with COVID-19 issues.
But we are working through them.
You know, we're the ones who are trying to push this program along in this community.
What exactly is the program?
uh so we would we would be um employing one individual uh in the community um i believe
it's a full-time job i believe that bill how much was the uh rate the uh the salary
i don't want to mistake but i believe it was 15 an hour salary but um that was that was the point
to someone who is going to learn
from the ground up.
That's correct, Alan.
Okay, so we're ready to vote, I guess.
Why don't we do this?
I think I'd like to have
a further discussion.
So the record will be closed
for calendar number MI 2021-000429
2402 North 2nd Street.
The record is closed, and the board will discuss and make a decision at next Wednesday's executive session.
The record is closed and the board will discuss and make a decision at next Wednesday's executive.
Thank you.
Thank you.
Calendar number 0-428-2563 Salmon Street.
The attorney, once again, is Alan or is it Clementa?
No, it's me.
Okay, you're already sworn in. Name an address for the record.
Oh, yes.
Alan Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
Do you agree to wave the reading of the refusal and stipulate to its accuracy?
Yes, I do.
And you're already under oath.
Have you emailed the civic packet with proof of ownership, tax compliance, refusal, referral, photos, plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, in all respects.
Thank you. You may proceed and yes, you may share your screen.
All right. Thank you.
So this project is in the Old Richmond area of Philadelphia, 2563 Salmon Street.
All we're looking to do is there's a pre-existing garage, one-story garage on this property that goes street to street from Salmon to Emory.
um we're trying to just build on top of that and uh you'll see in the letter that not only do we
have a letter of non-opposition from the old richmond civic association we actually have a
letter of support from the neighbor to the left of us and to the right of us uh really the reason
why we're here today um and you'll see you know we'll first go over the table of contents the
deeds certificate of tax clearance notice of refusal application for appeal zoning map photographs
of the property, architectural plans and drawings, and letter of non-opposition from Old Richmond
Civic Association, letter of support from 2561 Salmon Street, letter of support from 2565 Salmon
Street, both owners as well. The reason why we're here today, I'm going to jump straight to the
notice of refusal, is that all the refusals pertain to the fact that at the request of the
neighbor to the left of us and to the neighbor to the right of us, we're not demolishing the
pre-existing garage, which is of a height where by building on top of it, we're getting some of
these refusals. So the first is the lower roof deck at the second floor is not set back a minimum
of five feet from the frontage of Emory Street. Again, all we're doing is we're having instead of
a patio on the first floor, we're having our patio on the second floor on top of that roof
of the garage. So that's refusal number one. Refusal number two is we have a de minimis height
variance. Instead of having 38 feet as required by the code, we're asking for 40 feet, one inches.
Again, the first floor, the pre-existing garage is of a certain height that we cannot have adequate
floor height for the other floors as well. And then the third variance is that the open area,
We have no open area because, again, the first floor, we are having the garage that goes street to street, and then we have the patio on the second floor in the rear.
So everything has to do with the fact that we're using the pre-existing first floor garage at the request of the neighbor to the left of us and right of us.
It was really important to them for us not to have a newly constructed building with underpinning between those houses.
So, you'll see the application for appeal that we filed with the Zoning Board of Adjustment along with the Notice of Refusal and the Project Information Form.
The zoning map, again, this is, you know, an RSA 5 of the part of the neighborhood.
We're just off of the 95 exit.
We go street to street.
You can see from Salmon to Emory.
You can see the overpass here.
You can see photographs of the property.
This is from Salmon Street.
As you can see, this is the one-story garage I was mentioning.
This is the rear of the, from Emory at least, of the property with the garage.
Pictures to the right of the property on Salmon.
Pictures to the left of the property on Salmon.
Pictures to the right of the property on Emory.
Pictures to the left of the property on Emory.
And then there's architectural plans and drawings.
and you'll see oops sorry
now we're trying to keep the brick facade this is a three-story prop neighborhood part of the
neighborhood we're not going that much higher than what's allowed you can also see that it's if you
look at it based on the roof line we're also instead of doing a parapet wall which would allow
for another three and a half feet off of the 38 we're doing something that you can see through
we're doing something that you can see through so in essence it's almost the same thing if
so in essence it's almost the same thing
because the 38 feet is based on the roof line uh not the power pit this is the rear of the property
and then this is you know our second our second floor patio area which would be like on the first
floor but for the fact that we have a garage there and that's our refusal and then oops
Let's try to go through the floor plans quickly, it's going to reduce the size.
So floor plan is pretty basic.
You have an open floor plan on the first floor with a livery room, kitchen and dining room,
and then you have, oops, actually I'm sorry, this is it.
You come in, there's a den, there's a lounge area, there's a living room, kitchen, dining room, and then there's three bedrooms.
The top floor is the master.
And again, we have a letter of support.
What's it called?
11 people voted, 10 in favor, 1 in opposition.
Of the 10 that voted in favor, 8 were within the affected area.
and then we have our letters to support from the neighbor to left of us and right of us and both
of them stated it was it was contingent on the fact that we we not do on any underpinning which
we have no intention of doing because we're keeping the pre-existing uh garage with that um i asked
that uh louisa gonzalez uh virtually raise his hand good afternoon mr gonzalez please identify
yourself with the record, spell your first and last name, and I'll swear you win.
Mr. Gonzalez has been allowed to talk.
Hello, Mr. Gonzalez.
Again, please identify yourselves by your first and last name.
Yes, how you doing?
Luis Gonzalez, L-U-I-S, last name G-O-N-Z-A-L-E-Z.
You swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Thank you, Mr. Knockington.
Yeah, Mr. Gonzalez, you heard everything I stated today.
Yes, sir.
And is it true and correct?
And do you adopt it as your own testimony?
Yes, sir.
Any questions from the board?
Would anyone else like to testify in this case?
If so, please raise your hand.
No further hands at this time, Mr. Chair.
Commission, I'm Bednar City Planning.
property is indicated for single-family residential use on the city plan we believe the applicant has
not demonstrated necessary hardship regarding the requirements of the code the application is an
inappropriate over build not consistent with our adopted district plan recommended the quest for
variances not be granted I think it may have been noted for the record I'll do it again the old
Richmond Civic sent a letter of non-opposition, as did Councilman Mark Squilla. MI 2021-000428-2563
Salmon Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes.
thank you sure calendar number 0449 39-40 south 11th street gussie o'neill is the attorney
miss o'neill has been promoted to panelist
Ms. O'Neill.
Good afternoon.
Hi, can you put your name and address on the record, please, and spell your last name?
Sure. My name is Augusta O'Neill. Last name is spelled O-N-E-I-L-L.
My address is 1835 Market Street, Suite 1400, Philadelphia, PA, 19103.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to wait the reading of the refusal and stipulate to its accuracy?
Do you also agree to wait the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with 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 the RCO? And do you have a letter from them?
Yes to everything.
Thank you. You may proceed.
Thank you very much.
I'm just going to share my screen, if you give me one second, I'm sorry.
Can everyone see my screen?
Wonderful.
Thank you so much.
Mr. Chair, members of the board, I represent Ace Sign Company on this application.
Ace is proposing to install two wall signs for WeWork on the property that's located at 34-40 South 11th Street.
This property is currently zoned CMX5.
We received a refusal on this application due to the height of the sign.
In the CMX5 zoning district, the signage cannot be above the second floor windowsill.
The reason that we work, the tenant in this building, needs the signage is for wayfinding purposes.
It's received complaints from tenants that the building is extremely difficult to find.
People who have come to the building for networking events have also complained that the building is really difficult to find.
The existing signage you can see here and on the wall of the building here is pretty small.
The building's main entrance is right here, and this is actually Clover Street, which is just a
small side street. It's not really visible to visitors who are coming in from either Chestnut
Street or Market Street. ACE is proposing to install signage on the northern and southern
elevations of the building, as you can see from the signage plan that was provided with my exhibit
package. The signage is going to be similar to signage that WeWork has on its building,
currently at 14th of Walnut. I'll show you a picture of what that looks like.
So here's what it's going to look like if this application is granted on the building.
Ace Sign Company already proposed its signage package to the Art Commission.
they received the art commission's approval on december 5th a copy of that approval is
provided in your exhibit package at page 31
we met with the rco for this property the fifth ward republican rco on march 25th
and they did provide a letter of non-opposition which i provided to the board solicitor this
morning members of both the we work and the ace sign company teams are available if the board has
any questions. At this time, I would like to call forward Elise Zenzelietta of A Sign Company to
adopt my testimony. So, Elise, if you could just hit the raise hand button.
Good afternoon, ma'am. Please identify yourself with a record, first and last name. Spell your
name. My name is Elise Zenzelietta, A-L-Y-S-E-Z-I-N-Z-I-L-I-E-T-A.
Thank you, Ms. O'Neal
Thank you
Elise, did you hear the testimony that I just gave
about the application that you made?
Yes, I did
And was my testimony true and accurate?
Yes, it was
And do you wish to adopt it as your own?
Thank you
Thank you, any questions from the board?
anyone else like to testify in this case please raise your hand
no further hands at this time Mr. Chair. Thank you. Planning Commission. Bednar City Planning
property is currently indicated for center city core commercial use city plan we recommend
under the granting of the request of variance.
Thank you.
MI 2021-00044934-40 South 11th Street.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Number 12, Carol, last one.
Thank you so much.
Thank you. Thank you. Calendar number 0453 880 Edison Avenue. Sean Ward is the attorney.
Thank you.
Thank you.
Calendar number 045388.
A letter of non-opposition from Councilman O'Neill and a letter of support from Somerton Civic
Association.
Mr. Ward has been promoted to panelist.
still on the road. Thank you. Sean, can you please put your name and address on the record, please?
There you are. Here I am, live in each other. Name and address on the record and spell your last name.
My name is Sean Dennis Ward, WARD 331 East Street Road, Treeboast, Pennsylvania,
1-9-0-5-3
I am here on behalf of
Before you even say that
you're still under oath and do you also
agree to wait the reading of the refusal
and stipulate to its accuracy
I most certainly do in this case
I represent Kevin Shannon
Before you say that
have you emailed an exhibit
packet with the required documents
consisting of 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, to all of the above.
That's really wonderful.
You may now proceed.
I didn't think it would see you
until April 1st, 2026.
We were really hoping for that.
Oh, yeah.
Don't make me come over there.
Thank you, Mr. Chair.
members of the board it's a pleasure to rejoin you at uh two o'clock in the afternoon uh even
though it's 23. um i submitted my uh typical exhibit packet for kevin shannon owner and
applicant uh for the property at 880 edison avenue calendar uh 2021 dash 000453 i'm going
share my screen at this point in time. I hope this is not considered a complicated application by the
board. It's basically for the demolition and re-installation of a patio with an extension
and a new canopy roof so my uh my typical exhibit packet includes wait a minute hit the wrong button
the application is for the partial demolition at the rear and for the erection of a rear addition
which is a patio cover to an existing building for a single-family dwelling.
There was one refusal for the side yard setback.
The house itself is set back 12 feet from the side yard,
so it's an existing nonconformity.
But because we're adding the roof, the patio cover,
we need a dimensional variance so a2 obviously is the application of appeal a3 is the project
information form a4 uh proof of ownership a5 tax clearance uh we do not have a yeah we do
have a site plan uh a7 is the uh photographs of the property a8 is the rco meeting notice
and certificate of mailing a9 is the rco meeting uh yeah rco letter
as frank indicated a10 is councilman o'neill's letter uh there is no zoning uh history
despite that i looked and uh 12 and 13 are the zoning map and aerial photos so
So not to belabor the point, I'm going to get right to the site plan, which more or less explains everything.
As you can see, you know, from the front of the property, looking back, here's the existing dwelling.
Currently, there's a patio that sits behind the house.
What Kevin would like to do is extend the patio out by an additional nine feet
and cover it with a new patio covering.
As you can see, the required setback under the new zoning map is 15 feet.
map is 15 feet.
the house itself
The house itself is set back 12 feet
as existing. I would point
out that there is a fireplace which extends
another two feet into the setback, but that is a permitted
encumbrance. So just getting
to the photos, that's the front of the house.
uh again this is the side yard here is the existing uh fireplace but that doesn't count
but from the side of the house here to the property line is 12 feet uh you can see the
existing patio uh which is 10 feet from the property line um wait got one too far um
Um, so again, you know, you have basically a 10 foot side yard setback now, uh, with
regard to the existing, uh, concrete sidewalk, I mean, patio, uh, patios are not considered
structures under the code because they don't, uh, you know, rise above ground per se.
Uh, but you'll see here is the, the post for the awning, uh, that is going to be replaced.
here is the awning it's your typical uh aluminum and fiberglass constructed awning that we've seen
uh you know over the years uh it's it's basically outlived its useful likeness
um so kevin is looking to uh eliminate the awning the patio construct a new one
we did meet with the
I'm sorry
we sent out the notice
it included the refusal
the poster
we sent it out to
28 adjoining neighbors
or everybody within
250 feet
the property is owned
we did obtain a letter
from the adjoining neighbor
which is
Ken and Kathleen Enright
at 890 Edison
we did agree with them
that we would not erect, install
or otherwise place any permanent fixture
including
but not limited to an outdoor kitchen
or similar equipment
on the patio extension
which was closest to their house
there was a fear
we don't know why
but they had a fear
that we were going to put a kitchen
on the patio
So the RCO did issue a letter of support. They contained that language in the letter, and they also indicated that the votes were 31 votes in favor of the variance, not indicating that there was any opposition or negative votes.
So I assume it was unanimous. Again, Mr. Chairman, you indicated that there was a letter from Councilman. This is the email. When I got the letter, that's what I got. There was no letterhead, no signature.
So just to be sure, I wanted to include, for the record, the email along with the letter.
I did email Alice Udovich from the councilman's office, but I did not get a reply as to the lack of letterhead and signature.
But I have no fear that it was a fraudulent letter.
And if Kevin Shannon is on, I'm not sure if he made it to the meeting, Kevin, I would ask that you click on it, raise your hand at the bottom of the screen.
If not, as an officer of the court, I would stipulate, or if the board does stipulate, that he would adopt, verify and adopt.
Mr. Shannon has been promoted to, has been allowed to speak, sir.
Good afternoon, sir.
Okay, Kevin's here.
Please identify yourself with the record first and last name and spell your name.
Kevin Shannon, K-E-V-I-N-S-H-A-N-N-O-N.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Thank you.
Please proceed, Mr. Ward.
Kevin, you've heard my representations to the board.
Are they true and correct?
Yes, sir.
and you adopt them as your own testimony as if i had questioned you uh under oath yes sir i do
very good that's all i have mr chairman and i don't want to uh uh you know belabor your day
thank you any questions from the board no no no anyone else uh like to testify in this case if
Anyone else like to testify in this case?
If so, please raise your hand.
so please raise your hand.
Mr. Chair, I have an Alice Udovich with her hand raised.
I will allow her to speak right now.
Good afternoon, Alice.
Please identify yourself with the records by your last name.
Good afternoon, Chairman, members of the board.
Alice Udovich on behalf of Councilman Brian O'Neill.
I just wanted to affirm that Alice...
Alice, excuse me.
Would you spell your last name?
U-D-O-V-I-C-H.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Please proceed.
I just wanted to affirm that that letter minus the letterhead is in fact from the councilman
and the councilman has no objection to the granting of the variance at that location.
Thank you for clearing that up.
Thank you, Alice.
Anyone else to testify?
no further hands at this time mr chair you thank you planning commission
i'm dead in our city planning the property is uh indicated for residential use on a city plan
we recommend the granting of the request of variance thank you mi 2021-000453
Edison Avenue
my vote is yes
my vote is yes
my vote is yes
my vote is yes
thank you so much
thank you that concludes the two o'clock list
is there anyone who believes that they have not
had an opportunity to testify
on any cases that were
heard in the two o'clock list
no hands at this time no hands are up so it's we'll get back here at four o'clock
it's about a 13 minute break does that work yes mr chair four o'clock thank you
um we're about ready to go uh jason you'll let us know when we're ready
we're actually ready now here yes you can go ahead good afternoon again 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 board secretary confessor plaza and board member
Mr. James Snell. Board Administrator Mr. Jason Hand and our Board Attorney Ms. Sharon Saleta
are also in attendance. 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 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
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, 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 also like to remind everyone, please do not attempt to testify in the chat.
Any comments should be directed to the Board Administrator, Mr. Jason Hand.
With that, I will read a list of cases that have been requested to be continued.
Number one on our 330 list, MI2020-003147.
003-147, 114 Green Lane, number seven on our list, MI 2020-003-139, 3214 West York Street.
If anyone disagrees with those cases that have just been read into the record as being
continued please raise your hand at this time anyone disagrees or believe that the case is
being continued in error please raise your hand at this time oh that's mr chair thank you i will
now ask if anyone would is requesting a continuance or withdrawal to raise your hand
We have Mr. Sloan Foulkes back again. I will allow him to speak, sir.
Good afternoon again, Mr. Foulkes. You're still under oath from earlier. Please identify yourself.
Good afternoon, Chairman DiCicco, ZBA Board, Sloan Folks, Office of Counsel 1 Maria Keyona-Sanchez, Room 508 City Hall.
We are requesting continuance for case number 5, MI-2020-003118, 2109 Gillingham Street.
um i know that we know that the uh according rco sent in a letter uh that they uh had not uh
needed to uh had not met with the uh uh applicants and needed to move uh forward with a continuance
is anyone else here on 29 oh excuse me 2109 gillingham street
this is a request from councilwoman sanchez's office for a continuance
i see no hands mr chair without any objection mi 2020-003-118-2109 gillingham street
is continued, must be heard.
Any other requests for continuances or withdrawals?
No further answers this time, Mr. Chair.
Thank you.
Calendar number, are we starting?
Yeah, please.
Calendar number 3136, 11621, Caroline Rood.
The attorney is Steve Bertil.
Mr. Bertil has been promoted to panelist.
Hi, Mr. Bertil.
Can you put your name and address on the record and spell your last name, please?
Good afternoon.
Of course.
My name is Steve Bertil, B-E-R-T-I-L.
My address is 1835 Market Street, Suite 1400, code 19103.
Thank you.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Do you also 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 the refusal or 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 to all the above except for the letter we didn't receive a letter
from the RCO I don't know if they ever sent it out to the council member's office or to the
zba administration but we didn't receive it excuse me this is sharon stiletta we did receive
a letter from councilman o'neill's office saying that he is strongly opposed
okay you may proceed thank you ms saletta thank you
let's bear my screen
Good afternoon, members of the board, Mr. Chairman.
As I stated, my name is Steve Bertil.
I'm here for 11621 or 11621 Caroline Road.
I'm here on behalf of the tenants for this location, for this site, ASAP Commercial Truck Service.
with me, who I'll have to speak later as a representative from the business, Ahmed Ramazal.
We're here requesting for a variance.
We're here requesting for a variance relief to allow for a vehicle paint finishing shop
in an existing commercial truck repair body shop.
The proposed variance in the property, as you can see, is zoned as I-1 Industrial.
This blue sort of highlight here is the site in question, and as you can see around it,
Lose Mr. Patel
It appears
Mr. Brittill, are you there?
I'm not sure what happened here.
Trucking industry, as a natural pairing to the services that we are ready to...
Mr. Brittill, pardon the interruption.
We lost you for a considerable amount of time, so if you can proceed with your most recent comments.
Oh, I'm sorry. What was the – I apologize.
You talked about the business has been existing, I believe, and a sentence or two after that, and we lost you.
Okay. I'll restate that. My apologies.
the uh the existing business which is the truck commercial truck repair service has been in
existence for in this space for about 16 years um providing uh commercial truck service to the
trucking industry as a natural pairing to the services that they already provide um they're
seeking on the additional service of paint finishing for their existing clientele trucks
that they repair um the site they that we're um speaking of just to get a sense of on the ground
level is here it faces on caroline road as you saw from the aerial this is some exterior shots of the
of the site here from caroline road
as you can see this is the neighboring property to the west of it um this is um all along caroline
road as you can see there's warehouses other um sort of industrial storage
the site itself is actually two units two commercial um units we occupy unit one um the
other unit is is a uh storage and warehouse use it's not affiliated uh with the applicant um we
We're here actually for approval for this increased use just for space one, where we are attending.
As I stated, the proposed use is just maintaining the existing use and then adding the vehicle finishing service to that use within that space.
Now, in terms of the refusal, there is a Northeast overlay that restricts commercial truck repairs and vehicle finishing and essentially anything within that realm.
Because this use predated that overlay that we're approved for the existing use, but because of that overlay, what would normally be a by-right increase of service for this use requires variance approval.
Now, we did meet with the RCO on January 27th.
As I stated earlier, we didn't receive any letter, but I do want to address two of the concerns that were raised there.
Generally speaking, it wasn't well attended.
Our position is that's mainly because there really isn't any residential in the immediate area.
I mean, the closest residential space, as you can see from here, is on Commonly Road, which is over 2,000 feet away.
And as such, in terms of the immediately affected sort of neighbors, we're talking about all these, all the industrial sites that are adjacent to it.
Now, the two main concerns that were voiced, one of which has nothing to do with us, which I'll get into in a second.
get into in a second um but the really though the only concern that actually has something to do with
but really
the only
the tenant um is concerned about pollution in the area um or causing additional pollution or
anything of that nature when you hear um a use such as um paint finishing or anything like that
that's a natural concern um so one what we explain at the meeting which i'd like to explain to the
board is sort of just the mechanics of how this increased use will take place on the site.
So first, just to give you a sense of the interior, here are some photos of the interior
of the existing shop for truck repair.
As you can see from these photos, it's pretty sizable, as it would have to be to service
this sort of clientele.
some interior shots here so you can understand the space that we're working with when I get
into how the paint finishing will take place and so let me just go and so just to briefly explain
how this works when it comes to air pollution.
The paint booth that the business is seeking to install
firstly will be housed inside the space.
It won't be housed outside in the parking lot
or anything of that nature.
That was a comment that was made during the meeting
regarding the air pollution.
Per industry standard, these booths are equipped
with both intake, airflow, and exhaust filters
preventing the release of any particles. So in addition to being inside, the way it's set up
is to have these filtration systems within it to prevent the release of any sort of pollution or
anything of that nature. Furthermore, the commercial space itself that's being rented
that will house these booths has all the proper ventilation and airflow required by both the
building code and the health code. So not only will the actual paint booth not produce any sort
of pollution to the exterior, if by some chance there was some sort of malfunction where it did,
the actual commercial space that's housing it as the required sort of ventilation to mitigate
any effect like that. Attached, you know, I won't get in too much detail, but attached to exhibit
just an explanation of how the filters work, how the airflow works for the painting booth. So that
sort of highlights the mitigation of any pollution, increased air pollution per industry standard.
The other concern that was raised at the meeting was an issue regarding some sort of
dispute on the property lines regarding an abandoned railroad train that runs nearby the site.
Again, the applicant here is the tenant. Not only were we not aware of that issue because it has nothing to do with the tenant, it has, I guess, to do with the owner of the property.
It has no bearing on what the tenant is trying to do here. Short of sort of connecting that neighboring property with the owner, there's really nothing that the tenant can do regarding some sort of easement dispute with the current owner.
And so those are really the two main concerns that were expressed here at the community meeting. Again, it was, I want to say about four or five people, one of which was the representative of the RCO, and the other one was the neighbor that had the issue with the easement dispute that wanted to voice that.
Other than that, there was no one else in attendance. But our position is that because
the air pollution will be virtually nonexistent and the property line dispute or the property
line concern that was raised has nothing to do with the tenant, that this proposed use
will have de minimis effect, virtually no effect on the immediate area. And we request that the
board approve that use. Because again, this is existing. This is not something new that's being
built. This shop has been here for over a decade. It's been existing in that right. And they just
want to add this service. They're professionally operated. If they weren't, they wouldn't be in
existence for as long as they have. And as such, we're hoping that the board can see that although
We're hoping that the board can see that although this overlay exists, what I believe is to prevent any additional new sort of shots of this nature being being created.
this overlay exists, what I believe is to
We hope the board will see that adding the service to this existing shop really doesn't have a negative effect on the community.
So frankly, I was surprised to hear that the council member was so against it because we didn't we didn't receive any notice of that.
So barring any questions from the board, I would like to take the opportunity to have a representative from the business, Mr. Ahmed Ramazal, affirm and adopt my testimony.
Please do so, sir. Please identify yourself with the records, spell your first and last name, and I'll swear you in.
Ahmed, if you could just raise your hand so they can recognize you.
I'm not sure I see the individual in question, sir.
okay so why don't we do this uh mr bertill uh as an officer of court will stipulate that your
client would have adopted your testimony i do have a question if you could answer it if not
you know we'll move on currently do you know if your client what your client does with
the trucks that are repaired that are in need of painting is it is it sent out to another location
or is it to another, to a company that spray paints not related to your client?
My understanding is that they don't, oh, I understand the question.
Yeah, so it would be to a company that's not related to our client.
If I understand, you're asking whether they provide the service at a different location?
Correct.
To my understanding, they do not.
Excuse me, this is Sharon Saleta.
We received an email from Alice Udovich at 412, providing us with the case summary from the RCO
meeting. And in fact, their position is one of support. I'm trying to go through the email now.
Alice may be here. I'm not sure whether that changes the councilman's position,
but she may want to speak to that. Alice, are you with us?
Ms. Sudevich, please raise your hand so we can swear you in.
He's already been sworn in.
We'll just have her identify herself with the record again, spell her last name.
She's still on the roof.
U-D-O-V-I-C-H.
Although I did have to forward that notice from the RCO, I wanted to disclose that there
were only four in attendance of the actual meeting. Those were all board members. The board
did oppose it. However, the new president of Normandy Civic is quite nervous, and she
put a vote out on Facebook, and that's what that summary indicates, which I believe was
18 opposed, 25 in support. I don't believe that that vote should
really matter because um as miss pointed out there aren't a lot of near neighbors here
this is sort of an isolated spot however the councilman does have an office directly across
the street we received a letter from the president of the fop and i believe there's also a near
neighbor on this call um who let us know that this outfit have not been um good tenants and
good neighbors so to add to allow them to add this when they've already operated um in manners that
are not appealing to to um the neighbors there you know is part of the reason why the councilman
is opposing it? Well, I'm not, this is actually the first that I've heard about the secondary
vote. I don't, you know, I'm not aware of kind of what the change in leadership or anything with
regarding that. But I believe that the neighbor that's probably on the call is the neighbor that
attended the meeting that was raising issues that, again, actually had nothing to do
with the tenant. Those were issues that are tied to the owner regarding property lines.
that are tied to the owner regarding property lines and a railroad, an abandoned railroad,
again, which was all outside the, you know, I had no understanding of that because it wasn't
related to what we were trying to do here. So maybe they can speak to that in a second,
I would imagine. But as far as the vote goes, I can confirm that, again, there was only four
people there i i didn't know all of them were board members but i figured that to be the case
um and i think partly it's because of the affected area is just not residential and so um the people
that would have in any invest vested interest in this would be um the fop which is down this down
the road and adjacent industrial sites. Now, no representative from the FOP attended the meeting
or contacted our office in response to our notices. So again, this is the first that I'm
hearing that they're opposed to. I'm not sure why. But again, this is an existing, this won't be a
new use. Well, the paint finishing will be a new use, but the business that's operating there,
The truck service that the overlay generally is meant to prevent has been in existence prior to this overlay and will continue to be in existence with this or without this use.
And so they're trying to be able to provide an additional service to not lose out business, which is already sort of tough now in terms of I think anyone can admit that operating a business is sort of tough in this environment.
So they're trying to add an additional service to maintain customers and, frankly, attract more.
And so in terms of the effect on neighbors, there virtually is none.
Why don't we do this? Let's see if there are any individuals who want to testify on this case.
And then I'll make a suggestion at the end.
So if anyone is here to testify in this case, please raise your hand.
Mr. Chair, I have Mr. Sean Ward with his hand raised, do I allow him to speak?
Yeah, Mr. Ward, he's got a case later on, doesn't he?
Mr. Chairman, can you hear me?
Yes. As the board may be aware, I am zoning and code council for FOP Lodge 5. I did have a conversation on the phone with John McNesby, the president of Lodge 5.
He reiterates and joins in the councilman's objection to this application, and I wanted the board to know that.
He indicated that the operation there is quite oppressive to the ongoing industrial slash commercial use in the neighborhood.
So we would join in the councilman's objection to the grant of the variance.
Thank you.
Anyone else to testify in this case?
Please raise your hand.
I have a Barbara Cohen with my raise right now.
ms cohen please identify yourself first and last name and your address
my name is barbara cohan um i am counsel to phoenix lithographing corporation
at 11631 caroline road we also own the property ma'am ma'am hold on please
sorry things would you spell your last name and then i'll swear you in sorry c o h a n
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Phoenix Lithograph Incorporation owns the properties on both sides of the subject property.
This may be an industrial park, but apart from the subject property, it is well maintained.
It's extremely well kept.
um we have had numerous problems with the subject property in that they leave these big car carriers
and tractor trailers parked on both sides of the street which causes a hazard it's posted against
which causes a hazard. It's posted against it. The FOP has actually gotten involved several times
against it. The FOP has actually
when they left trucks that were smashed up sitting out on the street for as long as two and three
weeks. And it was only after the police got involved that those were moved. We are concerned,
And notwithstanding their promise to have this high-tech booth, there's no guarantee
that if the variance is granted that they will in fact use such a booth.
Automotive paints have odors, they're environmentally problematic.
There are risks to the buildings on both sides, so we have an interest in that.
In addition to that, these tenants have repeatedly shown an unwillingness to be good neighbors, to abide by the rules.
They're always young guys tearing in and out of the property without even looking.
They've created a hazard.
They've really become a nuisance.
They frighten our customers.
our concern is simply that we cannot depend on their representation that they will do this
in a safe manner when they don't do anything else in a proper manner and that's why we join
the FOP and Councilman O'Neill in opposing the property, opposing the variance.
Thank you.
Thank you very much.
Anyone else?
Yeah, please, Mr. Pertone.
I can just respond to a few things here.
Firstly, I mean, there's been some characterizations of, well, let me just start by representatives
from the Phoenix Corporation did attend the community meeting that was held, and none
of what Mrs. Cohan just stated was mentioned at that meeting. In fact, because they were
the only people there that weren't on the board, I specifically asked them regarding
any specific issues that they had with this site. None of this was brought up. None of
these statements were brought up. The only issues that were brought up was something regarding a
property line and a railroad line that I just wasn't aware of and wasn't sure how to resolve
it because we weren't related to that. In addition to that, there is, we aren't the only tenants
here. I'm not sure about what Ms. Callahan is referring to regarding people tearing out of the
property um but this the site itself uh is you can see from the aerial in fact is part mostly
does the the construction commercial vehicle not construction commercial vehicles that are being
serviced um are parked in the site so there's really no opportunity to tear in or out um so
i'm not really sure how that's even really possible on this site with every with all the vehicles that
apart there. In addition to needing, doing things by, you know, by the rules and doing it the right
way, the, every license, every inspection, as you would imagine with a commercial trucks
operation, there are multiple health code and building code and L&I inspections regarding to
just the maintaining of the license to be able to do this kind of, do this kind of work. All of that
as active. There's no violations. There's no issues there. In addition to that, the installation
of something like this, which again will be inside, not outside in the parking lot,
all of that is heavily regulated by both state and local agencies. And seeing as how apparently
there's a councilman's office across the street and the FOP is paying attention to that, I have
no doubt in my mind that if there was any issues regarding the installation and operation
of this, that complaints would be filed or, you know, people would be paying attention.
Again, I had an open channel of communication with the Phoenix Corporation's representative
who attended the meeting regarding any continuing issues, and none was brought to my attention
until five minutes ago. And so I'm obviously happy to continue to have the conversation
to see how we can sort of reach some sort of agreement. But the fact of the matter is
And most of what I've heard today, most of what the board has heard, has been sort of abstract. I'm not sure why the FOP is against it. I'm not sure why the councilman's office is against it, because no one has said they were against it until just now. This is the first that I'm hearing of it.
most of what I've heard today, most of what the board has heard has been sort of abstract.
And so outside of what would happen at the meeting and the correspondence pursuant to that meeting, I would ask the board to allow us to have an opportunity to maybe address or communicate the issues that were brought up, because this is the first time I'm hearing them.
yeah and i i kind of agree on that point uh when miss uh alice if you're still there um you mentioned
that 54 signatures were attached to a petition did i hear that correctly
is miss vudevich still there
i don't want to speak i apologize i am still here
No, it was just the RCO sent over a meeting summary that indicated that there were 18 opposed and 25 in support, but it was done as a Facebook vote.
So I don't think it should be taken into consideration because it was done for neighbors that really aren't impacted by this and don't see this location at all.
Anyone else like to testify in this case?
If so, please raise your hand.
I see no further hands at this time, Mr. Chair.
Thank you, Planning Commission.
Ron Bednar, City Planning.
Property is indicated for light industrial use
on the city plan the applicant has not demonstrated a necessary hardship regarding the requirements
of the code the application is inappropriate not conforming use not consistent with our
adopted district plan recommended request of variance not be granted thank you mi 2020-003
Caroline Road
my vote is no
my vote is no
my vote is no
my vote is no
calendar number
1233 North Front Street
the attorney is Leo Mulvihill
on the oath from earlier
and i think sharon may weigh in on this
okay question about amending the application which we may not have to amend it based on
some recent uh event or conversations excuse me this is sharon i think maybe leo should present
the case first and his and explain his latest conversations with the rcs okay trying to get my
video started. Sorry, guys. Good. Okay. Hi, Leo. Good to see everyone again. Leo, can you put your name and address on the record and spell your last name? Of course. Leo Mulvihill, M-U-L-V as in Victor, I-H-I-L-L. Address is, get it right this time, 1441 East Oxford Street, Philadelphia, 19125. You're still under oath. Do you also agree to waive the reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership tax compliance, refusal or
referral photos and or plans the property five days in advance of this hearing and have you met
with the rco and do you have a letter yes to all thank you you may proceed okay so members of the
board um this letter mentioned at the outset and i will share my screen assuming i can get this to
work so members of the board this was actually a previous application my client had put in oh
that's the wrong screen that's my insurance let's put that away
one moment you know sometimes zoom works great and other times it doesn't work so great at all
i know stop to share try again let's pretend that i did this right the first time so i'm
not embarrassed since this is being recorded all right so members of the board leo mulvihill here
today on behalf of b as in bravo hb as in bravo r development llc for 12 33 to 37 north front um
we actually submitted an application for this uh i don't know does 2020 even count as a year
at least a year and a half ago um initially asking for commercial ground floor
and four stories above all residential with rear access parking um we withdrew that application
based on circumstances in the neighborhood and then resubmitted.
circumstances in the neighborhood and then resubmitted so here we are again today
So here we are again today.
initially this was submitted as all residential um this is cmx3 what we decided to do after
speaking with the community group fishtown neighbors association um and i had extensive
communication with ian wilson their chair of zoning um was to put the commercial back in
so it's a four-story commercial building in cmx3 uh i'll go through our packet briefly for the
forward. So we have the refusal appeal and project information form at page one, area zoning maps at
page eight, deed and agreement of sale at page nine, tax clearance at 27, notification letters
and proof at 28, letter of support from F&A at 30, that's the previous letter of support based on
our commercial proposal for the ground floor. Photos at 31, plans at 46. I separately have an
exhibit which I'd like to mark as petitioner's exhibit one, which is my client's commercial
Activity License. I only received that today. It's not part of this packet, but today we have it.
So members of the board forgive my neon pink numbering this time versus the orange I usually
use. Adobe Acrobat was not cooperative so I had to renumber everything with neon pink.
So we received this refusal initially 11-24-2020. CMX3 property located directly north of the
Front Street and Girard Avenue intersection. It's currently a one-story garage. They do auto repair
and other things next to it. Directly north of us is the old baths in the neighborhood back before
everybody had playing. I believe it's now play arts which is a daycare more or less. We received
several refusals for purposes of the record. One for accessory parking. We had parking in the rear
So we received a refusal for that.
Excuse me.
We received a refusal for landscaping.
And we received a refusal for permitted maximum occupied space.
We're looking for 83% versus 75% permitted by code.
What I'll do is I'll go to now page 8 of our packet.
So we see the overhead view of both the screenshot from Philadelphia Atlas
and the overhead shot from Atlas.
As I noted, you can't see it here, but ladies and gentlemen of the board,
Girard Avenue is directly to the south here.
If you were heading westbound, Girard, you made a right, go right up.
This property I'm indicating with my cursor, this is the old Jumbo Theater,
which is now a Deals dollar store, I believe, a vacant lot, new construction building.
And then this here, where the blue is indicated, that's our structure,
directly adjacent with this white roof.
That's the bathhouse I was discussing earlier.
Looking to the bottom map, all that red, that's all CMX3.
So everything we're proposing is by right for use.
This is our initial deed at page 9.
I have my client's agreement of sale at page, for the record, 15.
Here we go.
Scrolling, scrolling.
Page 27 for the record.
again as i noted earlier this morning the city's tax clearance system is a little wonky and not
working so we have proof that no taxes are owed through 2021 zero balance
page 28 this is a letter that was sent up by landmark architectural design
for the property with respect to the meeting
proof of mailing and uh here we have a letter from july 20th 2020 and this is when we initially
proposed this structure as having commercial on the ground floor and residential above.
You'll see this is a letter of support. The reason this was referenced here in this application
is because the only difference between our application today and the prior application
is that we took a floor off. It was still proposing commercial on the ground floor,
proposing residential above in terms with the CMX3 guidelines. That's it. So they were in support.
the vote was overall
within 500 feet
pardon me I got to look a little closer
my glasses aren't as good as they used to be
might have to start getting bifocals
to 0 no
community overall 14 yes to 0 no
total vote was 23 yes to 7 no
in support
neighbors were generally in support of the use
landscaping construction
there was no opposition at that meeting
and I was present for that meeting
back in 2020
back on February 4. Going to page 31 of my packet numbers of the board, we can now see
the actual area itself. Looking to the north, this is Front Street right underneath the L.
To the left, you can see new construction. You see my car right here parked behind the
Deals, which is the old Jumbo Theater at the corner of Girard and Front Street. This is
This is looking southbound.
looking southbound.
This is looking now northbound on the same street.
No, I'm sorry.
This is still southbound.
Pardon me.
My picture's got a little out of order.
This is directly across the street.
This is looking slightly northwesterly.
This is new construction apartments with commercial ground floor.
This is looking northbound.
Front Street Cafe is here.
This is that logo that I'm circling.
the bathhouse that I indicated is here. This two-story structure with a stucco front, that's
not our structure. This one-story structure here with the roll-up doors, which is an auto repair
shop now and radio store, that's our building we're talking about.
We construction directly to the south of us. That's our structure. Play Arts building,
as I indicated, still says public baths on top. It's actually really cool. It's right here.
This is from our property looking directly across the street.
These are the photos that are taken by our architect, Landmark Architectural, incorporating
for the record page 46.
We can see to the bottom left of the presentation SC, that's Charlie, S as in Sam, C as in
Charlie Electronics, which is an auto repair and technology store.
really putting sound systems in more or less this is our proposed four-story structure the
plans will be submitted this is at page 47 for purposes of the record the property goes through
from front street all the way through to lee all the parking is off of lee street lee is a very
narrow street that runs directly behind the property if you ever were to come up get off
the gerard l stop walk up the front street uh to thompson hang a right right past front street
cafe and you hang another right it's a very very tiny street there's no legal on-street parking
so proposing frankly uh provides additional parking to the neighborhood the plan is to use
that parking either for residents or for the tenants in the commercial space
so these are the most recent plans we have um only because we we initially have proposed this
for all residential. Our new proposal is including the commercial as required in CMX3 for this
district. I'm happy to get revised plans to the board that reflects all of that, but essentially
I'll show everybody here. This is our basement space. We have the Pico vault here to allow for
all the meters. I'm going to try to zoom in without going too far ahead. So this is our commercial
space up front see we have a lobby office area and the board can see this i don't have to go
through everything bike storage space and then to the rear of the property along lee that's where
we start to have our residential units one two three four five all street parking spaces off of
lee street accessed by two curb cuts these are planned to be landscape so they look very nice
lee street's a pretty quiet street as is only because it's very small it kind of goes southbound
and then dog legs behind the 7-Eleven that used to be either a Long John Silver's or a KFC, I can't recall.
For the record now, we're on page 49.
This is looking at the second through fourth floors.
And here are our units.
We have balconies potentially in the front.
Bedroom, living, kitchen areas.
So we have a mix of units with one, two, three bedrooms.
And then the roof deck, common roof deck setback from the street right up against the L, we have the two pilot houses for access.
At page 50, here we have the proposed rendering showing the massing of the structure.
Oh, there we go. Hold on.
Now, if you look at the bright yellow part, again, for the record, page 50, this is our building.
Along North Front Street, he's here. This is the L.
this is a building that currently exists it's gray plastic siding on the outside there's some
pink highlights um you all may remember this building it's a building that got blown over
a little bit ago before they rebuilt it uh that's that's this one here uh we're proposing here in
the yellow these are again more massings that are shown uh important to show you here is the
parking along lee street as i stated before lee is very narrow um it's narrower than the street
upon which I live, which at least has parking on one side. There's no legal on-street parking
on Lee. We're adding five spaces to the neighborhood by doing this. It's the view under the L,
view among Lee, and then again another view among Front Street. Going now to page 51,
which is the final rendering that we have. It's a pretty traditional-looking structure,
It's a pretty traditional-looking structure, all things considered, a little bit industrial, lots of windows, red brick,
all things considered, a little bit industrial, lots of windows.
some cast stone at the bottom, perhaps some siding along the sides, but nothing too crazy.
We're proposing exterior lighting, since we are under the L, although frankly, since they put the new LEDs under the L,
it's quite bright down there, but more lighting never hurts.
We originally proposed five stories previously. We've cut that back to four.
This is a view from Lee, looking to the right of page 51.
Again, the siding on the back balconies and each of these shadows represents a parking space.
We have five of those with this landscaping here. This is an amended application because
we originally proposed this to have no commercial space on the ground floor,
but after speaking with the community group with Mr. Wilson at F&A, understanding that the F&A
would be in support of this project if we had the commercial space in the ground floor.
I spoke with my client and they were amenable to changing that back to commercial space versus
the original residential space that was proposed. As such, other than dimensional variances,
it's my understanding that this proposal is entirely by right. We are not going to cause
any harm to neighbors adjacent structures or city infrastructure. In fact, we're adding
off-street parking, which as this board knows is a premium here in the city, especially where one
cannot park legally on the street um with the support then of fma and um i hope also of council's
office uh we'd ask the board to consider this application and uh grant a grant request for
variance this matter mr mobile hill do you have your client uh mr rooks are you currently on the
line if you are please raise your hand please raise your hand and when you're acknowledged
Let's spell your first and last name and I'll swear you win.
Okay, if not, Mr. Rookstool, Agata, are you in the line?
I'm here.
Oh, Bill, good.
Bill, please state your name, spell your last name, give your address for the record.
Okay, William Rookstool, and my last name is spelled R-O-O-K-S-T-O-O-L,
and I live at 239 East Road, 18901.
They're going to swear you win now, Bill.
We're in a firm to tell the truth.
The whole truth, nothing but the truth.
Yes, I do.
You've heard my testimony today to the zoning board.
Is there anything you'd like to add?
No, I think that summarizes it.
To the best of your knowledge, has my testimony been true and accurate?
You adopted as your own?
Thank you.
I don't have any other questions for you.
Agata, are you on the line still?
If you are, please raise your hand.
already been allowed to speak sir yes can you hear me yes we can hear you agatha
same as before please state your name spell your last name give your address for the record
and then the chairman will swear you in um agatha reister a-g-a-t-a-r-e-i-s-t-e-r with
landmark architectural design we're in a firm to tell the truth the whole truth nothing but the
truth i do thank you mr mr reister you're the architect for this project yes uh and you've
been involved in this project for several years? That is correct. How many years would you say
you've been involved with this project? Since 2019. Have you been present for community meetings
regarding this project? I'm sorry could you repeat? Yes my apologies. You were present for the
community meetings for this project? Yes. And you heard my testimony with respect to Fishtown
Neighbors Association request for commercial standing on floor? Yes. Is that true and accurate
to the best of your knowledge yes have anything you'd like to add uh no um you adopt my testimony
as your own today i do thank you agada i have no further questions for you um excuse me this is
sharon seleta mr mulvihill just to clarify when you said that you amended your application you
were not suggesting that you submitted a formal amended application to lni and correct you are
amending it in effect by requesting that the board approve addition of commercial space either
through plans or through proviso and um the last letter though you've spoken with the community
organization since then the last letter that we have was the february letter that opposed it based
solely on the absence of commercial space is that correct that's correct one moment and i will pull
You did have the July letter that referred to, that would have supported it with commercial space.
But would it be possible for you to, if we were to schedule some kind of hearing or just a time for you to come back, say close the record, except for getting another letter confirming that the, that FSA...
except for getting another letter confirming that the that FNA now has no objection if we could hold
close the record except for that and perhaps revised plans showing um the exact commercial
space that you're proposing yes so uh Ms. Suleta and members of the board the plans that I showed
today are the revised plans including the commercial space I am now sharing I believe
which shows an email sent from fishtown zoning zoning at fishtown.org dated february 16 104 pm
says see below so he's going back to this original proposal if so we approved it unanimously in which
case you just withdrawal please review and let me know if what you're talking about proposing is any
different from this and back in the office so call any time sign ian wilson w-i-l-f-n-a-zoning chair
And attached to that is the letter that I've attached as part of our packet, the letter dated July 20.
This might be July 20th, 2020.
Still in support.
And then separately, I'm now showing on my screen the meeting summary form dated 7-20-2020, indicating FNA's support.
Thank you.
That does explain it.
It is put my name wrong on this.
I'm going to have to talk to Ian about that.
If I can offer a suggestion just then that the record be closed, that the board vote this next week after executive session, only for me to work out the exact language of the decision if it is to have a proviso.
Excellent.
All right.
Okay, thank you.
Is there anyone else who would like to testify in this case?
If so, please raise your hand.
No other hands at this time, Mr. Chair.
Thank you.
Planning Commission?
I'm Bednar, City Planning.
The property is indicated for neighborhood commercial mixed use on a city plan.
Based on the revised plans presented today, we recommend that the variance be granted.
Thank you.
MI 2020-0031261233 North Front Street.
The record is closed.
The board will discuss this
at next Wednesday's executive session,
at which time we will render a decision.
Great. Thank you, members of the board.
You have a good evening.
You too.
Thank you.
Calendar number 0055,
1526 Manton Street.
Anyone here for 1526
Manton Street
This is Sharon Saleta
This is the third listing
I know you said that's correct
Yes that's correct
One more time
Anyone here for 1526 Manton Street
no hands no thank you mi 2020 that's zero zero zero zero five five one five two six
manton street my vote is to dismiss my vote is to dismiss dismiss dismiss here we go to number six
Calendar number 1529-2120 East Arizona Street.
And again, we are graced with the presence of Mr. Sean Ward.
I think.
Mr. Ward has been promoted to panellist again.
Thanks, Jason.
Hi, Mr. Ward, can you put your name and address on the record, please?
Name and address.
Oh, it is a pleasure to be back.
Good afternoon, Mr. Chair, members of the board, Sean Ward.
Again, 331.
Okay, go ahead.
Sorry.
331 East Street Road, Tree Roast, Pennsylvania.
19053 on behalf of the applicant you're still under oath do you also 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 and plans of the property five
days in advance of this hearing and have you met with the rco and do you have a letter
in advance of this hearing and have you met with the rco and do you have a letter yes yes yes and
yes thank you you may proceed awesome thank you very much uh mr chair members of the board i will
share my screen. Let me see which one it is here.
This is not the one I want to share, but
this one is okay i've submitted my typical exhibit packet which includes
notice of refusal this is a uh an application for a simple lot line subdivision relocation
to create four lots from two deeded lots for use as single family dwellings
It resulted in three refusals, one for lot size, 1,440 is required in RSA 5, whereas 570 plus or minus is provided for each lot, which is typical in the East Kensington area.
The lot width 16 feet is required, whereas 12 and three quarter foot on each lot is existing.
And the rear yard depth, I would point out that the lot one with the existing dwelling, which has since been sold, was going to result in a two foot seven inch proposed rear yard.
However, prior to the sale of that property, the typical rear shed addition was removed, and therefore that lot now complies.
So we're going to withdraw that request for the rear yard depth.
So basically, we're just seeking two dimensional variances, one for lot size and one for lot width.
uh a2 is the application of appeal a3 the project information form a4 is the proof of ownership
a5 proof of tax clearance a6 are the site plans a7 are photographs a8 would be the letter from
east kensington neighbors who we met with and they support the application uh i don't know if
a letter has been received from the district council office if it has i would ask that that
be marked as a nine a 10 is the relevant zoning history uh in uh for 2120 east arizona uh again
we have a copy of the permit for the rear shed uh demolition and there was a small two-story
addition added to the back of the property uh but that complies with the rear yard um setback
So again, that's not an issue. And 2122 East Arizona, there has been erected a new three-story single-family dwelling, and this application will make way to allow us to develop the properties on Dakota Street, which is the rear street.
And then I have some relevant zoning history just for the board's edification that, as you can see, the lot sizes are similar to that which we propose.
You know, going from 2119 down to 2115, you get 446 feet, 435 feet, 569.
and then further down the block 213 211 and 2109 uh these were some of these were recently
subdivided and they are 489 square feet um let me get out of the screen so um so in the packet
is the notice of refusal might transmit a letter to the board uh with the appeal
uh the application of appeal the notice of refusal project information form the deed
um the uh proof of tax clearance showing that the property taxes have been paid um again
uh 2021 is due today if i had to check i would suggest that they have been paid
uh if not they'll be paid by the end of the week um uh with regard to the lot
With regard to the lot itself, let me pull this up, what you have here is two lots that go from Arizona Street through to Dakota Street.
We are proposing the subdivision of those lots. Again, Proposed Lot 1 has an existing dwelling on it. At the rear was a one-story shed addition, typically for a kitchen or something like that, but that has since been demolished and removed.
So this lot does comply with the rear yard setback.
But the idea is to make four equal size lots, two fronting on Dakota Street, two fronting on the front Arizona.
Moving on very quickly, not to take up too much of the board's time.
This is the existing structure that was at 2120 Arizona.
um this is a shot from the rear uh the green uh facade here is 2120 and you'll see that one story
shed addition which has since been removed uh the uh the excavator is not part of our project
as part of something that's going on across uh the street on Arizona um
again an aerial view you can see it is typical construction you can see all the structures that
are going up on both dakota street arizona street uh pardon my photograph from google
some of it got whited out but that's an ongoing project which is probably close to completion at
this point this is a view looking up east arizona street again that's the excavator that's not part
of our project. 2120 is over here. And then looking the other way on Arizona, again, showing
our property here to the right. Again, just another aerial view to show the typical construction
and the size of the lots. We're not breaking the piggy bank here. We're not creating anything
new and different it is uh the way the properties are situated on both arizona and dakota uh i've
been in uh before the board on several other projects on arizona and dakota quite frankly
so we also have the zoning permit for 2122 for the erection of the new structure uh we have
The zoning permit for 2120 for the erection of the rear addition, which included the demolition of that, you know, rear addition, one-story shed addition.
You know, we have the plans, the permits.
There's a zoning permit there.
Again, showing the proposed structures included there is all the all the zoning
permits are in the packet. Again, here's the zoning map. You can see by the zoning
map that this gray shaded area here is 2120. The yellow one next to it is
21-22. But you'll clearly see that the size of
the lots of Long Dakota are all similar.
Pretty much, I would ask the board to take judicial notice of that.
Same thing with Arizona. And of course
we have the deed
registry map. Again, showing that the
lot sizes are pretty much consistent with what we're proposing.
another aerial view and um wait a minute well that's it um we have the rco letter
uh we did meet with east kensington they voted uh 35 in support nine not opposed with nine
opposed so we clearly have the support of the east kensington neighbors association i'm gonna
I'll just blow that up for you so you can get a better shot of it.
So in support, 35, not opposed, 9.
And that is basically the sum and substance of our application.
My client, Kazim Kupa, left the country today for a brief vacation in his native land.
He left the country today for a brief vacation in his native land of Albania.
The board is familiar with Mr. Kupa.
I've been in front of the board with him many times.
I would ask the board to stipulate that as an officer of the court, had he been called to testify,
he would verify the truth or veracity of my representations, and he would so adopt them as his own.
Noted. Thank you.
any questions from the board
no anyone else like to testify in this case if so please raise your hand
no hands at this time Mr. Chair
thank you Planning Commission
Ron Bednar City Planning the property is indicated for residential use
city plan recommended
that the requested dimensional variances
be granted.
The approves, I didn't hear you, you faded
You're muted, you're muted now.
You are now muted.
Ron said grant the variance.
Grant the variance.
That's a rare case,
but here it is.
Requested dimensional variances
be granted.
Remember, dimensional only.
Thank you. I love you today, Ron.
I love you today.
MI 2020-001529-2120
East Arizona Street.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you.
Last case.
Mr. Chairman, that concludes my business.
May I be excused?
No, I'll stay.
Goodbye.
All right.
I'll sit here all night and eat my egg rolls.
Whatever, whatever.
pleasure skirt up um zero no uh calendar number one one nine five 96 16 dediker street
it's the owners edson santos and rosangela
I believe their architect may be with them just to help with the presentation of exhibits.
Mr. Kenneth Johnson has his hand raised. I will allow him to speak.
johnson
mr johnson please identify yourself with the records by your first and last name and
give us the reason why you're involved in this application
you have to unmute
sorry can you hear me
yes Kenneth Johnson
K-E-N-N-E-T-H
J-O-H-N-S-O-N
and I'm the architect and I'm here to
help the owner present this project
you swear and affirm to tell the truth
the whole truth nothing but the truth
yes I do
your clients are going to
present? Yes, stay on line. I would ask you that the owner of the property please raise their hand.
And Mr. Santos has raised his hand. I won't allow him to speak.
Good afternoon, Mr. Santos. Please identify yourself with a record. Spell your first and
last name i'm sorry cheer i hate to interrupt again but jason can you promote them so that
they could present you got it ma'am and mr johnson will you be doing the screen or no
yes i'll be doing the screen can you promote mr johnson as well thank you kindly
thank you
hello mr santos
hello guys good afternoon mr santos please identify yourself spell your first and last
name? It's Edson Santos. E-D-S-O-N-S-A-N-T-O-S. Do you swear and affirm to tell the truth,
the whole truth, and nothing but the truth? Yes, I do. Thank you. Mr. Johnson, if you can enlarge
that exhibit a little bit, that would be helpful. And Mr. Santos, you're the owner of this property?
yes you own it you're not a non-profit or an llc or an lp
Your owner, you're not a non-profit or an LLC or an LP?
Chair, I have checked the deed.
He's the owner.
Thank you.
Okay, Mr. Johnson slash Mr. Santos, please proceed.
Well, I could present it.
No, I'm sorry, Mr. Johnson.
Mr. Santos would have to start.
And as necessary, you can chime in relating to the plan.
Mr. Santos, you're up. You can present your case.
Yeah, I'm waiting for Mr. Ken to help me out.
Yeah, but you have to start. Just tell them what you're doing.
Okay, so I want to extend my garage as you see on the picture.
I don't know if Mr. Ken put in the picture on the screen.
Yes, it's on the screen.
Yeah, I have a garage before it was very tight and it was falling apart.
So I tried to fix but when I put down I realized it was in very bad shape and I tried to fix.
and I tried to make a little large
but I didn't know
where you have like a limit to go
I measured from another side
for the house so I have 10
foot on the other side so I realized
I could make another 10 foot
for another side which I
have before 15
foot now we just have 10
so and I built
the garage but my big
mistake as I started was in the
April was
COVID the
township and the city was closed and then I was just removing just fixed because the roof was
failing then I started to do the construction everything myself if my helps my people here
and I did it I started without the permit so now so we try to make everything right
so and then I asked for the permit to finish because the car the garage I had before didn't
fit the car. So, and I have
my car on the street.
I mean, on the
car, my car and my car, my wife's
car. So, sometimes the car
had to be on the street. I just tried to make
the car safe for my wife
to start parking inside the
garage.
If you can,
sorry to interrupt you, if you can bring up the
photographs of the current condition
of the garage. There you go.
Thank you.
So, basically
with the exception of siding or whatever it is you're going to have on the facade, the garage
is complete? No, it's not complete. Everything is just the roof and the walls, of course. So if
you can see where the old driveway concrete was, that's what the garage was before. So I extend
like you see like almost four foot. All right. So you're going to do a paving. All right. I see.
Yeah, my request is to extend the drive rate, too, to make it a little bigger.
So that'll leave a 20-foot side yard, is that correct?
That's correct, 10 on each side.
I don't know if we need anything else though.
I'll ask the board, is there anything else we need?
Okay, so why don't we do this?
Anyone else?
Was there anyone who liked to testify in this case?
If so, please raise your hand.
Mr. Chair, I have Ms. Allison, Alice Udovich again with her hands raised.
Good afternoon again, Alice. You're still under oath from earlier. Please identify yourself.
Good afternoon, Chairman, members of the board. Alice Udovich, U-D-O-V-I-C-H, representing
Councilman Brian O'Neill's office. The Councilman has no objection to the granting of the variance
at this location. Thank you very much. Anyone else to testify in this case?
I have Bernard Jadick with his hand raised. I will allow him to speak, sir.
Good afternoon, sir. Please identify yourself with the records, spell your first and last name, and provide us with your address.
Good afternoon, sir. Please identify yourself with the records by your first and last.
Bernard, unmute yourself and speak, please.
I thought I had. Can you hear me?
Yeah, we can. Please identify yourself. First and last name.
Yeah, Bernard Jadak
B-E-R-N-A-R-D
J-A-D-A-C-H
I'm with Greater Bus on this
Sir, do you have another
Do you have something else on
Two devices?
We're getting feedback
Or is it Mr. Santos?
Someone has two devices on
Try it again
Yeah, can you hear me?
Now we can
Okay, I don't know what it was.
All right, no problem. Just spell your last name again, please.
J-A-D-A-C-H. I'm a greater bustling than civically. I just wanted to make sure.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please proceed.
I'm a greater bustling civically. I just wanted to make sure you got our letter.
Howard, do we have that letter in file?
I do not have it in front of me.
I look for it now.
Could you tell us what the contents of the letter is?
Well, it's the zoning summary.
We're supporting it.
It was a 16-1 vote.
It's the standard letter from our organization.
It is ZBA.
That helps us.
We'll locate the letter, but thank you for your testimony.
So that's why I wanted to make sure you're aware that it exists.
We appreciate that.
Thank you very much for taking the time.
Anyone else to testify in this case?
No further hands, Mr. Chair.
Thank you.
Planning Commission.
Ryan Bednar, City Planning.
Properties indicated for residential use on the city plan.
I recommend that the requested variance be granted.
Thank you. MI 2020-001195-9616 Dedeker, D-E-D-A-K-E-R Street. My vote is yes.
My vote is yes. My vote is yes. My vote is yes. My vote is yes.
I believe that concludes the 3.30 list. Is there anyone who feels as though they have not been
had an opportunity to testify in any of the cases on the 3.30 list?
no hands at this time mr chair okay thank you i want to thank everyone as i do every week on
behalf of the board especially those folks that are behind the scenes and make this all happen
and carol confessor tanya jim sharon i think you got an invite we're going to
get off and get right back on with another zoom for a couple minutes thank you are we using your
original invite i don't know that i have no there's a new one there's a new one okay cool
thank you everyone thank you thank you everybody see you're welcome have a great night
thank you for everything good night everybody all right night good night