I'm sorry.
Thank you.
Thank you.
Thank you.
Thank you.
Questions from the board?
No, Mr. Chairman.
ish no chair questions from our attorney hillary emerson not at this time mr chair
questions or comments from the virtual audience
yes mr chair i have a hand up from hillary langer i have allowed them to speak
hi could you please state your name and spell for the court stenographer
Hilary Langer, H-I-L-A-R-Y-L-A-N-G-E-R.
I'm chair of the school community.
Yep, I know who you are, sir.
Yep, do you swear for him to tell the truth, the whole truth?
Nothing but the truth, Hilary Langer.
Please proceed, sir.
Yes, I wanted to state we had our required community meeting, and there was no opposition to the legalization of the two units. That's all I'd like to say.
Yes, I wanted to state we had our required community meeting.
Thank you very much for taking the time to cause. Is there anyone else in the virtual audience?
There are no further hands, Mr. Chair.
All right, Planning Commission.
Thank you, Chair Bergman, and good afternoon. David Fecto with the City Planning Commission, Chairman and Board Members.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
This appears to be a long-standing duplex operating since at least 1987.
The City Planning Commission recommends that the Board grant a proposed use variance for two dwelling units.
Thank you. MI 2023, 005-120-3538 Calumet Street, I vote yes.
Thomas Holloman, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you.
Thank you, sir.
Number two, MI 2023-007-037-2136 North Percy Street.
Michael McElhaney is the attorney.
vote of community was undecided per email from north central east rco
good afternoon mr chairman good afternoon sir could you please just state your name for the
record and spell for the court stenographer michael mcelhenny m-c-i-l-h-i-n-n-e-y right
do you swear or affirm to tell the truth the whole truth and nothing but the truth
Could you identify your client, their relationship to the property?
Yes, Mr. Chairman.
It's N as in Nicholas, G as in God, Properties, LLC, and the member is Nori Furco, who is here today with us.
All right.
Our vice chair has just a few questions.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Yes, I do.
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
Yes, I did.
Thank you. Please proceed and share your screen.
And Mr. Chairman, I was coming in when you referenced the RCO letter. I didn't actually receive one, so I sent an email.
The vote of the community was undecided per email from North Central East RCO.
Excellent. That's the email that I did for it over this morning just because I didn't get a formal letter.
As a matter of prerequisites, members of the board, Exhibit 11 consists of my client's tax clearance, just showing the taxes are paid through 2024.
The deed to the subject property is at Exhibit 10.
My client acquired this lot in 2019.
Our RCO notices at Exhibit 9, and Exhibit 8 are photos just showing the zoning poster at the property.
um exhibit two and i'm going to speed up just because i do know the board is running behind
exhibit two is the refusal uh our application is for the erection of a new construction
structure uh attached structure with a roof deck for two family household dwellings
the property is owned rm1 residential multifamily and we have three refusals
when my client purchased this property he knew it was rm1 but in this on this block we actually have
a overlay. RM1 generally has a 360 square foot minimum per unit. In this area, it's 425. So our
property is 742 square feet, whereas we really need 850 for a buy right two units. So that creates
the first refusal for number of units. The second is we have a roof deck access structure that is
at the back property line or at the back building line, whereas the code specifies a five foot
setback. And the third is the subject vacant lot is between two two-story structures, and the code
requires an eight-foot setback at the third floor level, and we're proposing to make the front wall
flush with the other properties without the setback. Exhibit three, I've included some maps,
including the zoning maps and aerial maps. The first page is just the zoning map showing the
The property is owned RM1, as is the block and the immediate surrounding area.
And properties to the south are I2 and I3.
The aerial view map, and I'm going to scroll down, just to give context, the second photograph
just shows that we're 10th Street.
There is a SEPTA train track that runs through.
Temple is to the west of us, as is 10th Street.
Susquehanna to the north, 9th Street to the east, and Diamond Street to the south.
The south is a PGW service center.
the eighth and diamond playgrounds around the corner and as i mentioned the temple football
field and what i would call the attention to the board on page four is looking at the
And what I would call the attention to the board on page 4 is looking at the 2100 block of North Percy. This is the view looking west. This is a block that consists of 56 parcels, lots. On this block, as you look, it's sawtooth. There's only 25 structures on this block. There's a ton of vacancy and some abandonment, as I'll show on the street view photos.
So exhibit four are the site photos for the block. The property is the vacant lot in the middle of the screen between two residential structures. Going to the north, we have the residential structure to the north of my client's property and then a vacant lot at 2140 North Percy, which is part of a PHDC workforce housing proposal that a bid has been accepted, although the property, this property and a bunch of other properties on this block have not transferred.
but it is planned for workforce housing.
Farther to the north are two other residential structures,
and then going farther to the north, 2146 through 2156 North Percy,
are again a series of vacant lots,
several of which are part of the PHDC workforce housing,
and then 2152 is approved for two dwelling units,
similar to the project that my client is proposing today.
And the property at the corner at Susquehanna going to the north
is a nine-unit apartment building under construction.
And I included views looking west on Susquehanna
and then a view looking east
just to show the context of the parking
and other vacant land on the area.
The photo for page four is looking the properties
to the south of the subject property.
There's three existing structures
and then again, a series of vacant lots.
And I identified what's going on in those lots.
We have 2126 and 2128 North Percy,
which are approved for duplex uses, the same as my client's proposing today.
21-24 North Percy is an abandoned clean and sealed building.
21-22 is a two-story house.
And then at 21-20 North Percy is another vacant lot approved for a duplex use,
same as my client's proposal today.
Going down the block, we have other residential structures,
including a three-story structure in the middle of the photograph.
and farther to the south we have some of the other workforce housing projects 2110 and 2112
north percy and at the end of the block 2102 through 06 north percy are three new construction
duplexes that were completed a few years back again that's almost identical to what my client
is proposing today for this block of percy street um at the corner there is a storage facility
at Diamond Street. And then looking north at the properties, heading north on the east side of the
block, we have a bunch of the vacant lots, 2105 through 13. Again, part of that workforce housing
initiative. 2119 through 21, part of the workforce housing initiative. And going up the block to the
north are an existing two-story structure, more vacant lots. 2133 Percy is another lot for that
workforce housing. And then there's residential structures going towards the north heading towards
Susquehanna. And two more vacant lots are part of that workforce housing at 2143 and 2151. So this
is a mishmash of developments on this block with existing single families, existing duplexes,
and the workforce housing projects that are coming on. I'm going to jump down to
our zoning plan the page five of page one of exhibit five is just the zoning site plan just
showing the lot dimensions we have a lot that is 14 wide and 53 feet deep and the second page of
the zoning plan i'll show in the middle is the rendering so we're proposing a three-story
structure without the setback at the third floor level. The height allows for 38 feet,
but we've shrunken the building down to 34 feet is the proposal. And the front of the property
will have an egress well at the front. The site plan for the proposed structure,
the front of the property is on the right on Percy Street. We have the egress well at the front,
the front entryway that leads into both units. And we've allowed for a rear yard that is 13 feet,
three inches deep, whereas nine foot is required by code. And the pilot house we did put at the
rear of the property without the five foot setback. And part of that is for floor plan layout
because it is a smaller size lot. The floor plans are on the screen now. The first floor
again enters at the front of the property and turns to the left. You have the dining room area
with an eating bar, a full kitchen, and full living room
with access to the outside backyard
with access to the outside backyard through rear steps and deck, washer dryer in the first unit
through rear steps and deck, washer dry.
one, I'll call it. And we have a indoor trash storage closet because the neighbors in the
community always voice how we deal with trash storage. So we have indoor trash storage and
access to that rear yard space to like the other houses on the block. The lower levels have two
bedrooms, two baths at the bottom, along with mechanicals and a full egress well to the backyard
and an egress well to the front for health safety requirements.
The second unit, which consists of the second and third floor, again, it's a two-bedroom,
two-bath unit.
The second floor has the kitchen, the bathroom, one-bedroom and one-bathroom, and mechanicals.
And we included a deck at the front of the property that's recessed so that we have outdoor
space for the upper unit, as well as an outdoor trash storage unit or closet for that unit
so it doesn't have to be stored inside the actual unit.
and the third floor consists of the one bedroom bathroom and a full living room at the rear
and the steps lead up to that rear um lead up to the roof deck and by pulling the pilot house back
it just allows for a better layout for the bedroom and living room um in the what is a small small
lot in terms of width um i've included at exhibit six just for the record i went through this as i
I was showing the street view photos, just the zoning records for all the properties on the block and how they're currently used and permitted for duplex use, workforce, housing use, the non-existing single-family uses.
and with that um mr chairman i would submit to the board that based on the vacancy on this block
the abandonment the fact that my client bought this property rm1 and quite frankly didn't
understand the calculation that there was an overlay in charge in place here because he saw
the other multifamily uses on the block um the duplex uses in keeping with what's happening on
this block um and should be permitted like the other duplexes on the block if i could call nori
or to raise his hand
nori can you hear on the zoom they've been allowed to speak okay sure could you please
Please state your name and spell for the court stenographer.
Hi, my name is Nori Ferko, N-O-R-I, that's Ferko, F-E-R-K-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
So, she counsel.
Mr. Ferko, did you hear the statements that I presented to the board today?
Were my statements true and correct to the best of your knowledge, information, and belief?
yes would you adopt my statements as your own yes is there anything that you need to add or
want to add or clarify for the board no no further questions mr chairman questions from the board
no mr chairman no chair questions or comments from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
i do not see any further hands mr chair planning commission thank you chair bergman and good
afternoon david effecto with the city planning commission chairman and board members the
comprehensive plan recommends a change in zoning in this location from residential multi-family
to residential single family this is a 783 square foot lot without the ncp zoning overlay the
the appellant would be allowed two dwelling units by right.
With two dwelling units and the relatively small lot size,
the third floor addition without the codes required
eight foot setback is supportable.
However, there is no requirement for roof decks
or roof deck access structures to be built on row homes.
So the city planning commission recommends
the board grant the proposed use variance
for two dwelling units and the dimensional variance
from the third floor setback provision,
but deny the proposed dimensional variance
for the roof deck access structure.
MI 2023-007-037-2136 North Persia Street.
I vote yes for the two-family living with the no eight-foot setback, but rooftop deck five-foot setback, I say no to that.
That is my provisos.
That is my provisos.
Thomas Holloman, my vote is yes with provisos.
Thomas Holloman, my vote is yes.
Ishmael Shaheed, my vote is yes with provisos.
Thank you, counsel.
Thank you for your time.
I'm going to put number three first.
And number 13 at the same time.
MI 2023-006-168-1708 Walnut Street.