Thank you.
Okay, Chair, we have 27 attendees, and we can start as you wish.
Sure, thank you.
Good morning.
My name is Bill Bergman, and I will be chairing this morning as EBA hearings.
With me is Carol Tenere, our vice chair.
Present, Mr. Chair.
Hi. Ishmael Shaheed, our board secretary.
President, Mr. Chairman.
And Thomas Holloman, our board member.
President, Mr. Chairman.
Morning. Also here is Hillary Emerson, our board attorney, and Lakeisha Dandy, the ZBA supervisor.
Before we begin, here's our virtual format.
Be advised, the proceedings are being recorded.
By participating, your knowledge agreement will be recorded.
The video will be available by contacting TanyaSunkett at phil.gov.
For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
to enter appearance statement call 267-270-5548 leave your email and the address of the property
in question and finally the question answer box on the screen is not for comments or testimony
any comments should be directed to our executive director tanya something now let's take a look
at our continuances for this morning's cases. Don't even say. Number one, MI 2022-003-757-2048-2024-28
North 22nd Street. That case is continued. Number two, MI 2022. Hello? 003-769-10206
Busselton Avenue. That case is continued. Number six, MI 2022, 003-781-1820 West
Burke Street. That case is continued, along with case number seven, MI-2022-003-780-1916,
Burke Street, and number 12, MI-2022-003-782-3907 to 11 North Reece Street. That case is continued.
Is there any questions or comments relative to those cases I've just called for continuance?
Good morning, Chair. This is Fatina L., and I see no hands, sir.
Thank you. Are there any other requests for continuance?
I see no hands, Chair.
Thank you. I also have a number of cases that don't have exhibits.
MI 20 number four MI 2022 003 779 122 West Susquehanna Avenue this is the first listing
no exhibits Daniel Barron is the listed applicant
I see no here this year so MI 2022 003 779 122 West Susquehanna
Avenue. That case is continued. Number five, MI 2022-003-765-5027 Rising Sun Avenue. Cedric Allen
is the applicant. No exhibits. First listing. Chair, we have Mr. Allen.
sir please unmute mr allen could you shake state your name please
and spell for the court reporter good morning my name is cedric allen c-e-d-r-i-c
a-l-l-e-n right do you swear for him to tell the truth the whole truth and nothing but
A-L-L-E-N.
Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
I see where you went to the RCO, but we do not have any exhibits for you, Mr. Allen.
When you say exhibits, is it the documentation you asked to email in?
We emailed him in. Maybe we emailed him to the wrong place.
What place did you email it to?
I don't have it on hand, but my wife emailed it to the email that we had from the documentation that was sent to my email.
Should I continue it and get it right?
What's the best course of action?
Can we just place this on hold so we can just check that?
Mr. Allen, what we're going to do is we'll place this on hold, and then we'll try to figure out where it is if it's here.
Jason, can you check the RCO ZBA box for the exhibits and just let me know, please?
Okay, Mr. Allen.
Mr. Allen, we'll get back to you.
So you want me to stay on hold or just?
Just stay on the line and we'll call you back in.
Okay, so number 11 is no exhibits.
It's MI-2022-003-784-9481 Woodridge Road.
Samaya Sampson is the owner applicant.
No exhibits.
This is the first listing.
Mr. Chair, what number is that?
Number 11.
Oh, okay.
So you jumped to there.
I see no handshare.
So MI-2022-003-784-9481 Woodbridge Road, that case is continued.
And then number 13, MI-2022-004-471-4836 North Fairhill Street, there's no exhibits,
first listing, Davida Fleming is the applicant.
i see no issue so mi2022 004 471 4836 north fair hill street that case is continued so what we're
going to do is we're going to start the cases after the first case we'll check back to see
where we stand with that one that we have no exhibits for okay because i don't want to leave
the applicant on the phone all day long. So number three is our first case, MI 2022-001-683-1340
Green button on the bottom.
We thought you had this in front of you.
Take us one second.
We had the documents open on a different computer thinking we were just referring to them.
I didn't realize we had to share a screen. I apologize.
Mr. Byrne, can you get it on the other computer?
I have it on my other computer right now. I have it in front of me, yeah.
It's just we didn't know we'd have to share it with you. We thought we were just
referring to it, so we had it up on the other computer for ease.
Okay, so only one should testify, okay? Sorry.
You don't have to be sorry. You don't have to be sorry.
Can you bring it up on the other computer?
I have it on my other computer, yeah.
So, Mr. Byrne, let me say this.
If it's going to take you a while to do it, we'll just come back to you, okay?
So, why don't you get set with the other computer, and we'll call you in about 5, 10 minutes, all right?
Okay, I'll call it.
Thank you.
You have to log on to Zoom onto that computer, so you'll be able to share it.
Yeah, we can pull the document up on the computer that we're on right now.
um it'll just take us a second okay all right thank you we'll get back we can come yeah i'm
sorry yeah i apologize all right we'll call back okay go out and come back in we'll call you all
right so let's move to number eight mi 2022 003 808 705 crestview road parcel a melissa joseph
is the applicant, a letter of non-opposition from the Upper Roxburgh Civic Association.
Good morning, Ms. Joseph.
Chair, Ms. Joseph is coming back in as a panelist. Sorry for the delay.
Thank you. Fine. No, it's fine.
Ms. Joseph, please unmute yourself.
Yes. Good morning. Thank you.
Good morning, Ms. Joseph. Could you state your name, please, and spell for the court reporter?
Sure. Melissa Joseph. M-E-L-I-S-S-A-J-O-S-E-P-H.
Right. Do you swear for them to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
All right. So our vice chair has a few questions for you, and she'll read into the record what your case entails. Okay?
Good morning. Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,
voters under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes. Okay, great. This application is for two accessory surface parking spaces for an existing and expanded structure. The addition is under construction, and this is to be used as a single-family household. Size and location is shown on the application. No change to addition previously approved.
one use refusal exists surface parking spaces are prohibited in the required front side and rear
yards whereas the proposed two surface parking spaces are located within the required 25 foot
front setback as per table 14-701-1 in the rsd-3 residential zoning district there's also a letter
of Non-Opposition from the Upper Roxborough Civic Association, you may begin by sharing your screen.
It's about that little green button, right, Mr. Chairman? I got that in my head.
So I have all my documents that I sent.
Sure. So why don't you know, it's always easy if you can. Why don't you start
with a picture give us an idea what it looks like sure
so this is my current house with the addition
it's not up yet we're waiting
let me see actually i may pull up a better one for you
So it's not, it doesn't appear to be coming up.
so it's not it doesn't appear to be coming up
Excuse me, ma'am, you would need to just stop sharing and then share this screen once it has the picture open that you want to show.
I understand. Thank you.
So this is my current with the addition and where we would like the driveway to the right of the addition.
okay um
why don't you show us what the area looks like do you have any photos of the area
like other places in the in the area did at one point take how about the front of the house you
have a shot of the front of the house this edition's in the rear right no it's on the
on the right hand side so this is the front of the house oh okay all right and then on the if
you're looking at the house on the right is where we added the addition okay all right and then where
where do your party line is sure sure listen we can only take one person testifying so melissa
you could just explain that's fine i don't know okay um what other photos do you have of the
property i just took these three um do i have to stop sharing and reshare every time i change
my screen it depends how you shared um okay yes give it a try and we can let you know is this
so i only took three um well that's fine that's fine let's see what else that okay
so this is the this is the side of the house
and then i just took two of the front i think you saw kind of they're they're the same
and here's the other one where's the front door of the right behind mr frosty
oh okay all right all right that's a good way to describe it thank you very much
sure i need to do gardening okay all right so what you're what you're saying is you want to
park your cars on the side of the house here yes behind the fence what street is that there
so our our front our front door is on crestview and then the side door is on henry ave
oh okay all right i know what it's okay thank you um
questions from the board no mr chairman is is that a garage there no garage
thanks okay um questions or comments from the virtual audience
i see no yes chair and melissa just for a point upper rocksborough has approved this
Correct. Yes. Planning Commission.
Good morning, board. Sarah Bond, City Planning Commission, S-A-R-A-H-B-A-N-H.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes. Proceed. Oh, I'm sorry. Well, good. Proceed.
Okay. The comprehensive plan recommends no change to the existing residential single-family zoning at this location.
The proposed use of accessory surface parking spaces is consistent with nearby properties on this block.
The City Planning Commission recommends that the Zoning Board grant the variance.
Thank you. MI 2022-003-808-705 Crestwood Road, Parcel A, I vote yes.
Carl Tenere, my vote is yes.
Thomas Holloman, my vote is yes.
Ishmael Shaheed, my vote is yes.
Ms. Joseph, you have your variances, okay?
Thank you very much.
Oh, sure, sure.
Do we want to go back and take a look at the 1340 East Columbia Avenue, John Byrne, MI2022001683?
Mr. Byrne?
he's coming in as a panel this year thank you
yes we're here hi mr burn you've already been sworn with you know could you we want
to see your photo again please just so we know what you're testifying yes right here
Thank you.
okay Mr. Byrne uh are you ready to proceed with your computer you've been sworn we know
everything about your case so why don't you why don't you if you could bring up a photo
of your property at least it gives us an idea of what we're looking at okay
I guess we're pulling it up right now okay take your time
sorry this is no no no you don't have to be sorry can you see this we cannot
have you hit the screen button the green button in the bottom yes
are you working with this is Pauline from IT are you working with one or two computer monitors
uh just one okay and when you click share screen does it give an option
pop up to pick different documents or different views?
If so, you just pick the document that is the one you want to share.
So when you hit share screen, what do you see on your end?
I'm sorry.
It's not bringing up.
So I downloaded the document.
It's just not giving me the option to share that particular one.
And do you have it open?
It's open.
It is open.
The document is open.
The only thing I can think is if you try to leave the Zoom and come back in, but have
your document open on your computer when you do that.
Yeah, I don't know why it's not.
It's downloaded.
We're just looking at it.
If you click on files.
why don't you go out and come back in okay okay we'll try that i apologize no no no no we're fine
chair while we waited we uh called the other one with um the exhibit we can
Okay. That was number five, Mr. Chair, 5027 Rising Sun Avenue.
Okay. MI 2022-003-765-5027 Rising Sun Avenue. Cedric Allen, could you come back in, please?
LaKeisha did we find anything? Yes so they are missing some documents so the case
will have to be continued and ma'am Ms. Joanne I think she would have to be sworn in because
Cedric spoke last time. This is this is Hillary um so yes so these the um we we did find um some
exhibits um unfortunately we are missing a tax clearance um photos of the exterior and interior
of the property yes can you hear us mr allen okay um and we're also missing um a photo showing that
the property was posted um for today's hearing so because we don't have any of those things
we're going to continue this case um to another date but mr allen the case is going to be
continued okay and i and i think for your own sake you should call the office
and they they could help you prepare for the next time okay
mr allen you have to unmute yourself sir
mr allen
hello hi hi mr allen so uh you're missing quite a few pieces of documents that we would need
so what i recommend you do is to call the office and they'll help you prepare for the night no no
you don't have to be sorry it you know it's it's a it's a it's a process that we just have to follow
so call the office and they will tell you what you need to in your packet and then next time
you'll be ready to go okay so MI 2022 003 765 5027 Rising Sun Avenue this case is continued
thank you Lakeisha thank you chair all right Mr. Byrne let's see where we are
Mr. Byrne yes sir okay so can you bring it up now
It's a nightmare.
Pauline, do you have any ideas?
Tell me what we see.
Is it open on your end right now?
Yeah, I'm just seeing the screen, whiteboard, iPads.
I'm not seeing the file, but we try to...
Why do you click on files?
When you click share screen, what are the options that you have?
Dropbox, Microsoft OneDrive, Microsoft Edge, Microsoft Office.
from chrome not under the not under the drop down but if you actually click
the share screen button like not the arrow with the actual button
yeah there you go okay there you go okay and now you just need to navigate to your document
oh there you go okay so sorry okay all right so so so mr burn here's what what i want you to do
let's let i think the easiest thing to do let's we we have all that why don't we try to get a
photos of your property okay i'm scrolling down to that right now uh it's all you had it all mr
burn sorry you had everything okay yeah this is here uh these are the plans um
you can see can you see this down here the um where i'm pointing that's where the old kitchen
is the kitchen that currently exists right um this is the proposal here right so it's it is
slightly bigger the reason that the original plans got rejected was because there is a um
an alleyway uh that's that's open on the ground floor but is uh a livable space on the second
there's considered livable space so because of that that's what put us slightly over the 75 so
so what we see there's there's only a couple feet difference we see it so yeah why you could just
enlarge that photo for us one minute and that way the board can see it so what you're yeah that's
good so you're you have that small place you're going to large it to the one on the right here
right yes yeah okay okay all right okay questions from the board no mr chairman questions or comments
from the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Chair.
Sarah Bond, City Planning Commission.
The comprehensive plan recommends no change
to the residential single-family zoning at this location.
The proposed dimensional variance for occupied area
is just under 3% of what the code requires.
The application meets the intentions of the zoning code
and the comprehensive plan.
and granting the dimensional variance will not impair the use of the adjacent property.
The City Planning Commission recommends that the board grant the variance.
Thank you. So MI 2022-001-683-1340 East Columbia Avenue, I vote yes.
Mr. Mary, my vote is yes.
Thomas Holloman, my vote is yes.
Jamil Shahid, my vote is yes.
Thank you, Mr. Byrne, for staying with us.
Thank you for staying with us.
All right. Let's see here. So, okay. So MI 2022 003. This is number nine. MI 2022 003 783 400 West
Shelton Avenue. Steve Masters is the attorney. We have letters of support. We have letters of
opposition. Also, there's a petition of support signed by 750 individuals.
Mr. Masters. Yes, good morning, Mr. Chair. How are you? Can you state your name and spell it for the
court reporter, please? My name is Steve Masters, S-T-E-V-E-M-A-S-T-E-R-S with the law firm of Just
laws, and I'm here representing the applicant. Do you swear for him to tell the truth, the whole
truth, and nothing but the truth? I do. Could you identify your client and the relationship to this
property? Yes, I represent the tenant events by center stage, and I also represent the property
owner, Philly Office Retail. Okay, our vice chair has a few questions. Good morning, Mr. Master. Do
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 or referral vote is under
plans of the property vote five days in advance of this hearing and have you met with the rco
and do you have a letter um yes to all of your questions that's great you may proceed
That's great. You may proceed and begin to share your screen.
and begin to share your screen.
Okay, wonderful. I just wanted to first do a really brief opening. So we're here today on a
Okay, wonderful.
special exception for an assembly and entertainment use at this location of 400 West Sheldon Avenue.
This special exception has now been supported by the coordinating RCO and the other RCO that
conducted a separate meeting with us. And the Planning Commission has issued a preliminary
review letter that we've included in our exhibit. In error, because this was the first time we got
a preliminary review letter, we mistakenly labeled that a letter of support. But the Planning
Commission is clear that their preliminary review letters are not letters of support. Nevertheless,
less, they seem to welcome this special exception. The provisos that we have in our exhibit binder
were critical for the community's support. As you know, in a special exception, the issue isn't
whether there will be some kind of a detrimental impact from this use. It's presumed that there
will be some kind of an impact. That's why we're seeking a special exception. But the issue is
whether the impact will be less than or equivalent to the typical assembly and entertainment use
in this location. And the provisos that we've entered into with the community and which the
owner of the property has agreed to put into the terms of its lease with any future tenant
for the event space mean that the potential impact of this use on the surrounding community
is much less than would be the typical use.
The other thing to keep in mind is that this event space has in fact been operating for
three years at this location, admittedly without the proper zoning permit, but the importance
of that is that there's a long track record that the community knows this business, they
know what the impacts are.
Over 740 neighbors signed a petition in support, and we have an analysis that shows where those where the support is coming from.
So I will now open up my screen.
so um you're seeing everything right mr chair yeah okay great all right so um the only referral
that we have is for the Assembly and Entertainment special exception. We have two RCO letters of
support. One of them just came recently because it was the result of continued engagement between
the applicant and the community. This is from the 12-4 Democratic Committee, which is the
coordinating RCO, they had originally taken a position in opposition because there was a small
number of folks who came out from the near neighbors who were opposed to it, and there
were more near neighbors opposed originally than were in support. It was 12 to 8, basically, or 6
to 2 when you look at the near neighbors. But the RCO, in our continued conversations with them and
And in reviewing the proviso, the RCO decided to shift their position to one of support.
And they explained that in their letter, that the concerns that the near neighbors had were basically addressed by the proviso, which was the purpose of creating a proviso to assure the near neighbors that the impact would be less.
And break down, you know, all of the tables. We're limiting the maximum capacity to 49 guests. And that's to lower the impact for the surrounding neighborhood.
There usually is no need for any security at these events because they're very, they're like, they're not events that would require security. But in the event that an event host wants security, we will require that all security personnel not be armed.
We have an effective trash pickup, trash management system where there are usually the city's trash bins and city pickup is sufficient.
But in the case where there's events where there is a larger amount of trash, then there is a commercial hauler who has been under contract and removes the trash.
For sound management, and we'll look at the photos, the sound speakers are located in the deep rear of the property, the farthest point away from the front door.
And there are double pane windows throughout the building that are soundproofing.
So the sound is really much less of an issue than in a typical assembling entertainment use.
And then for parking management, this is a busy commercial corridor. And from time to time, there were complaints that some of the attendees at the events were double parking to enter or exit the space.
And so the applicant is going to add language to the rental contracts requiring hosts to instruct their guests that double parking isn't allowed and to show them a map where you can pull off into a parking lot to, you know, to let people off or pick them up.
um so those are basically the provisos those are actually not basically those are the provisos that
that we have agreed to um with the community there was one additional proviso that west
chelton neighbors asked for that we weren't able to do and that was um number 11 um they wanted a
paid member of our um of the applicant to be present on site at all times during the events
These events can last from the beginning of just set up through breakdown. They can last six or seven hours. And the economics just doesn't work for personnel to be there 100% of the time.
Typically, there is a staff person who is there at the beginning and the end of an event, but in order to accommodate that request, we would have to raise the rates significantly on the events, and that wasn't economically feasible.
So, we have a preliminary review from the Planning Commission, in which I spoke earlier, in which they said that we appear to meet the specific conditions of the use, and that our detrimental impacts appear to be less detrimental than the typical assembly and entertainment use.
um uh we have the proviso many places in our in our exhibit binder um this is our uh these are the
the petitions for support and um rather than really scrolling through uh 740 names i'm going to
um go down to our analysis
actually our first look at the photos so this is the space um what we're doing here is facing
our back is to shelton avenue and we're facing um into the space and right in the back here is where
the the sound system is set up these are the double-paned windows on the side of um which
is morris street we're now looking towards the front towards shelton avenue from the back of the
space. And this is Morris Street on the right. This is a small elevated area in the back of the
space. And this is where this location is. The event space shares a location with a performing
arts dance school for mostly very young girls teaching them dance. And so this is an area where
the dancers are able to look at the mirrors and practice their dancing.
This is another view of the main space.
Here's the front door.
You'll see the signage for events by center stage, the event place where we're here today for,
and then the iconic performing arts academy, which was what we described before.
These are the zoning posters.
This is, our building goes all the way to the middle of this block on Morris Street.
So where my cursor is here, these areas are, this is a street in behind here,
a street and behind here but these are not part of the building it doesn't go that far back
but these are not part of the building.
It doesn't go that far back.
this is another view on Morris street this is from Shelton avenues behind us and we're
and we're facing down so halfway down this block is is where our building ends
and these are more photos of the zoning posters
We have existing uses that I reference that are currently operating at the location, and that is specifically the Performing Arts Center, the Performing Arts Dance Studio is a personal service, and there's also a retail sale of consumer goods.
the um this is a a basic brochure for people to to look at when they're considering using
this event space you'll see the rate the 49 guest maximum seven hour rental what it basically
entails. Here is photos of the space as it's used as a dance studio for the young girls.
One of the nice features of these windows, in addition to being sound blocking, they also
Don't let people outside look in and see inside the building.
So there's privacy and that's a good security for both the little dancers and also for people who are holding events.
Here's the space when it's used for the event purposes.
and here's another example of a of a party that was held at the space
this is just briefly we'll look at this interactive map of the petitions there were
some questions by some people in the community that many of the petitions may have been from
people far away. So here we have this is the location that we're that we're here today for
the little house. Every purple dot is a position signer. Every red dot on top of a purple dot is
multiple signers at that location. So this is this property we may hear from someone from this
property today at the hearing. This property is apparently opposed to the special exception,
but the right next door, which is basically virtually across the street, these signers are
in favor. These locations here are all right down the block. There's an apartment building here
where we had multiple signers. When you click on the red, you see six signers in this apartment
building. At this location, there were three signers right directly across the street.
And then all of these purple spots show petition signers.
These are within up to, I believe, 1,000 feet of the actual distance to the location.
But we have 29 signers that were within the 250 feet.
So I'm going to come back to, here we go.
And then we have some graphs that I thought were helpful, too. So within 250 feet, 29 signers. Between 251 and 500 feet, another 42 signers. And between 500 and a mile, 270 signers. So that's considerably more than the few neighbors who showed up at one meeting and were opposed to it.
We have a tax clearance for the property.
We have the lease between the tenants and Philly office retail.
our application for special exception is in the binder as is our project information form
we had as i mentioned several rco meetings
We did the official mailing for the coordinating RCO meeting, and then we also flyered the surrounding area for the other meeting.
And that, I believe, concludes the Exhibit Minder.
Okay. So I wanted to call my clients to adopt my testimony. Okay, Shantae Doughty, can you raise your hand?
So I wanted to call my client.
Hi, could you state your name, please, and spell for the court reporter?
good morning shante dowdy s-h-a-u-n-t as in time a-e-d as in dog o-u-g-h-t-y
okay do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do proceed mr masters um good morning um shante you've heard the testimony that i've given today
do you agree to its accuracy and do you adopt it as your own good morning i absolutely do
um great are there um any questions questions questions from the board
no mr chairman no mr chairman questions or comments from the virtual audience
i see no hands chair oh wait sorry chair okay okay two hands just popped up we have miss
constant winters okay ma'am hi could you state your name please and spell for the court reporter
hi my name is connie winters c-o-n-n-i-e-w-i-n-t-e-r-s right do you swear or affirm to tell
the truth the whole truth nothing but the truth yes i do are you a neighbor uh i own the property
directly across the street okay fine proceed uh i i'm unclear if this is one comment or doable i
have a chance to give a more lengthy protest when the protestants can speak or is this it for me
well this is this is what what do you want to say today well first of all i'd like to address the
petition that Mr. Masters has introduced. I also have a petition. I was ill for the last week,
so I don't have exhibits. I have the petition in front of me. I have 40 of the closest neighbors
who have signed opposing this. The 750 people on the petition were at a much greater distance
and will not be directly impacted by this use.
Okay, so should I go on with my other thing?
I think where you should be is why don't you say,
you know, what do you think of the project period?
I mean, I think that's where we,
what we want to hear is what's your concerns,
your particular concerns?
Well, I think it's unnecessary.
There are a lot of spaces further up
in the more commercial part of Shelton Avenue
that will be coming available for this type of use.
This block is not a commercial corridor. This block is primarily residential.
I own three residential properties on this block and have for the last 20 years.
And I've been working very hard to improve the quality of the tenants and the physical appearances of the buildings.
Most of the special exceptions that were agreed to by the West Shelton neighbors were voted on.
Their voting procedures for an RCO meeting require a vote only by the board members, and the board members, I think only two of them qualify as near neighbors, and they're unenforceable.
The noise, well, I won't go over all of them because Mr. Masters has presented them, but they're basically unenforceable for people who live directly across.
us. It would be a full-time job. The 12th Ward RCO meeting, I attended all of the RCO meetings.
The 12th Ward changed its position without having an additional RCO meeting. I object to that
because I could have mustered more of the near neighbors. But I think where we want to concentrate
on not you objecting to the meetings. What's your particular issues? Have you covered your issues
why you're not in favor of this? Well, I think it's going to increase noise, additional traffic,
parking's already an issue and will become increasingly an issue. The events can have
alcohol at them provided by caterers. It's really bringing something that could be operating as a
bar into a residential area which is already considerably impacted by things that are
make it more difficult for a residential quality of life. Okay all right so we appreciate your call
we thank you for your comments. Is there anyone else in the virtual audience? Yes chair we have
Charles Richardson. Good morning Mr. Richardson could you please state your name and spell for
Good morning, Mr. Richardson. Could you please state your name and spell for the court reporter?
the court reporter.
Good morning, Mr. Chair. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass, room 508 City Hall.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, sir.
Councilwoman is actually going to leave the decision making on this up to you guys.
The proceedings have been kind of messy.
You know, as was mentioned, the 12th Ward RCO and Solo Germantown wrote letters of opposition initially for this property.
In the interim, then Mr. Masters engaged and the applicants engaged in a separate RCO meeting that actually no one was told about with regard to the other RCOs or this council office and came up with a letter of support.
That being said, you know, and we took them the task for that because of the fact that, you know, everything needs to be transparent.
In the interim, the RCO has reversed position from what we understand.
You know, what we've heard is that the young ladies that are running that space have done a pretty good job over the last three years.
Having heard Ms. Winters and, you know, and some of the things that she's talking about.
unfortunately parking is and I continue to say that in all of the zoning related issues that
we deal with parking is not a zoning issue so you know that's not and and it will not
and it will continue to be because there's other things that are coming into the neighborhood
it's a changing neighborhood that being said again we're leaving it in your hands because
of the fact that now we've had an RCO which has changed the position we've got an RCO that's
opposed and we've got an affected rco that had had another type of meeting so uh thank you thank
you for your comments already all right anyone else in the virtual audience yes here we have
allison weiss
good morning miss weiss could you state your name please and spell for the court reporter
good morning allison weiss a double l i s o n weiss w e i s s solo germantown civic association
Okay. Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Proceed.
We are the RCO that has not changed our position.
We're standing by the neighbors who have been affected by this in a negative way.
And with our experience with a similar situation, not too far away, where there was a granting of a variance for a entertainment center,
which has now come back to haunt the neighbors. So these situations are unnecessary and we would
oppose. And I think in our letter, we did state that if the board were to grant this, we would
hope that they would consider a temporary variance. Thank you, Ms. Weiss. Thank you very
much for your call. Anyone else in the virtual audience? Yes, Chair. We have a calling user
phone number ending in 8122. All right. Could you state your name and spell for the court
reporter, please? Hi, my name is Cheryl Smith. I'm with the 12th one RCO. Ma'am, you're going
to have to speak up a little bit. I'm sorry. My name is Cheryl Smith. Excuse me. I'm with
the 12th one RCO. Okay. Could you spell your name for the court reporter?
I'm sorry, Mr. Chairman, this is the reporter. I did not hear that.
I know. You're going to have to speak up.
State your name and spell it for the court reporter, okay?
Hello?
Ma'am, please come mute yourself.
Hi, could you state your name, please, and spell it for the court reporter?
I think it's star nine to unmute, or star, which one?
Is there anyone else in the virtual audience?
Mr. Chair, that speaker was the head of the coordinating RCO, but it looks like she's not able to unmute herself.
But she, yeah.
All right.
Anyone else in the virtual audience?
I see no handshare.
All right.
Planning Commission.
Thank you.
and ma'am you're uh muted
Thank you. Sarah Bond, City Planning Commission, S-A-R-A-H-B-A-N-H. The comprehensive plan recommends a zoning map change to CMX 2.5 at this location. The proposed special exception will not cause detrimental impacts to the neighborhood beyond what normally might be expected for this use. The City Planning Commission recommends that the zoning board grant the variance.
thank you sarah bond city planning commission sa
mr chair before you do the vote i do want to request that as many of the provisos as possible
be added to the special exception so perhaps we can confer with board council on that but there
are definitely i think i already have and and she's given me three okay okay um just so you
know i i am going to add this the temporary special exception well mr chair we would strongly
be opposed to the temporary variance for several reasons. There's a three-year track record on
this, and there's literally been no significant complaints of any kind. Philly Office Retail
has a letter that we can look at if we didn't look at it before that is committing that every
future, and if this tenant was- I heard your testimony. Yeah. So a temporary variance would
would be financially harmful to the applicant because this is a very it's a small business
it's it's not a it this is not this is not live nation or i understand i understand so she would
have to come back in a few years and that would be that would be a financial blow to her okay and
and it's and it doesn't really respond to the the community groups that are that really want to
support this business all right okay so mi 2022 003 783 400 west chelton avenue i vote yes with
provisos um temporary special exception to expire 12 8 26 events end by 11 p.m no music after 11
and commercial trash pickup when necessary.
Carol?
Carol Tenere, I was writing the provisos.
Carol Tenere, my vote is yes with provisos.
Thomas Holloman, my vote is yes with provisos.
Ishmael Shahid, my vote is no.
Thank you.
Thank you, Mr. Masters.
I think I'm going to see you later this afternoon.
MI number 10, MI 2022, 003-793-1003 West Dauphin Street.
Zen Jin is the attorney.
Recommendation of support from the 37th Ward.
Mr. Jin is coming back in as a panelist.
good morning good morning good morning sir how are you good did you state your name please and
spell for the court reporter yes uh zen jen z h e n last name j i n 1617 john f candy boulevard
suite 1838 felt fapa 19103 here on behalf of the applicant right do you swear or firm to tell the
truth and nothing but the truth? I do. Could you identify your client and relationship to the
property? Yes. Olympia Holdings LLC is the owner of the property. Mr. Bader, Shagai Bader, should
be here with us. He is the managing member. Thank you. And our vice chair, Carol Tenere, has a few
questions. Hi, Mr. Jinn. 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,
refusal referral, photos under plans of the property, five days in advance of this hearing,
and have you met with the RCO, and do you have a letter? Yes, to all questions. Okay, great. You
may proceed and begin by sharing your screen. Thank you. I'm going to share with the board the
documentation that was submitted previously. Can everyone see my exhibit on their screen?
Yes. Thank you. So we have submitted copies of the refusal, a support letter from 37th Ward
RCO, photos, plans, and related documentation. The refusal is based on a RM1 multifamily district.
This is currently a vacant lot. And the refusal here is for the total number of units based on
the calculated square foot of the lot itself. I want to point out that the actual lot size
Actual lot size of this property is pretty substantial at about 2,250 square feet.
of this property is pretty substantial at about 20.
The by right use of six units would be somewhere around 2,400 plus square feet.
It's 425 times 6, so 2,500 square feet, I'm sorry.
So we're about 250 square foot short on the overall lot size.
However, this lot is rather large, and it is located in a multifamily district.
The RCO actually, upon reviewing the plans and seeing the proposal and based on what's
surrounding the area, which is relatively underdeveloped, supported our additional unit
request. In the grand scheme of things, the additional unit does not necessarily increase
substantially the density of what is being proposed because we are trying to propose a
building that has a layout which has less overall bedrooms per unit which lays out better for the
community as far as what they're looking for from apartments in the area. As far as the height is
concerned we're actually coming in substantially less in height than what is permitted going for
a 33 foot and change building to kind of keep the building lower because of some of the shorter
buildings in the area. From the layout perspective, there are some large lots. There are some existing
residential properties. And the layout we are proposing, which is a front back layout of the
three floors, each essentially working out to be two units per floor with two bedrooms and trash
room and balconies being made available for each unit, as well as a rooftop deck for the upper
unit. The first floor unit, actually, the front unit has a trash room built in, but the back unit
also has a trash room and access to the yard. The building overall will have, in addition,
an access alley, so allowing even the other units to access the rear yard for trash storage,
pending actual pickup. So from the standpoint of managing trash, the total number of units
and layout, we're addressing most of the community's concerns when it comes to these
multifamily proposals. And from the layout itself and size, the potential cost of the units,
which were discussed at the meeting, the community is satisfied with our request for the additional
unit. While there's not a specific hardship to the land based on the layout, we do believe that
this is a relatively close variance dimensionally to what the code would otherwise allow, and we
would ask for the board's favorable review of this application for the one additional unit from the
by right numbers. I'm happy to share any additional information or screen with the board and my client
is ready to testify to verify. Why don't you bring your client on? Sure, thank you. Mr. Bader, can you
raise your hand virtually to be identified? Sir, please unmute yourself. Hello? Hi, could you state
your name, please, and a spell for the court reporter. And my name is Chagai Bader. C-H-A-G-A-I.
My last name is Bader. B-A-D-E-R. Right. Do you swear or affirm to tell the truth, the whole truth,
nothing but the truth? Yes, sir. Proceed, counsel. Thank you. Mr. Bader, did you see and hear my
testimony to the zoning board? Yes. Can you verify what I have represented is true and correct and
adopt it as your own testimony yes thank you okay questions from the board no mr chair
no mr no mr questions or comments from the virtual audience
i see no yes chair hi planning commission
thank you chair sarah bond city planning commission s-a-r-a-h-b-a-n-h
the comprehensive plan recommends a zoning map change to rsa 5 residential single family zoning
at this location the appellant's hardship claim is not supported with evidence of unique physical
circumstances or conditions of this 2,244 square foot lot the city planning commission recommends
that the Zoning Board deny the variants.
So MI 2022-003-793-1003 West Dauphin Street, I vote now.
1003 west dauphin street uh i vote now
carol tennari my vote is no thomas holloman my vote is no
thank you council thank you
okay okay okay so number 14
yes mi2022-004-470-601-41 north 46th street joseph vaccaro is the attorney
letter of support from the west pountain saunders park rco
councilwoman gauthier has taken a position of non-opposition
Mr. Vaccaro good morning how are you today could you state your name please and spell for the court
reporter certainly my name is Joseph Vaccaro V-A-C-C-A-R-O attorney for the Allegheny East
Conference Association of Seventh-day Adventists also known as the West Philadelphia Seventh-day
Adventist church, the apple. Right. Do you swear for him to tell the truth, the whole truth and
nothing but the truth? Yes, I do. And I do have my client's representative, David Gordon. Okay. So
our vice chair will ask you a few questions first, counsel. Thank you. Hi, good morning. Do you agree
to waive the reading of the refusal and stipulate to its accuracy? Yes, I do. Have you emailed the
exhibit packet with proof of ownership, tax compliance, refusal, referral, photos under
plans of the property five days in advance of this hearing and have you met with the RCO and do you
have a letter? We have met with the RCO. I've submitted everything within five days except for
the tax clearance which I submitted yesterday and the email in support from the RCO was forwarded
yesterday when I received them. Okay great you may proceed and begin by sharing your screen.
thank you very much thank you okay this is an application to permit a sign
on the property as as indicated um in the plans if i could find the plans
you have a refusal ah show all windows here we go
can you see the sign uh can you see my screen any minute we see it now okay so the seventh
day adventist church has a car um has a sign as indicated um in the photographs that i'll be
sharing shortly the the sign is very old it needs to be replaced and i'm showing you a rendition of
proposed sign, which is 112 inches wide by, if I could zoom in over here, 112 inches wide.
The sign itself would be 48 inches tall, sitting approximately up to nine foot eight inches high.
It would be an illuminated sign, as indicated on the plans,
with welded and painted structural aluminum. Essentially, we're just here to seeking to replace the current sign.
The sign would be located at the same location as the current sign, 45 feet set back from North 46th and 35 feet set back from Haverford Avenue.
you. We've met with the RCO, we have the RCO support, and we hope to have the support of
the community. I would call Mr. David Gordon of the church. Hi, sir. Could you state your name,
please, and spell it for the court reporter? My name is David Gordon, D-A-V-I-D-G-O-R-D-O-N.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Proceed, counsel. Thank you. Mr. Gordon, good morning. Good morning, sir.
Have you heard my presentation to the board? Yes, I did. Do you agree with it and do you adopt it
as your own as if you would testify? I do. And can you also tell the board what type of
illumination the sign would have and what hours it would be illuminated? Yes. After meeting with
the community it will be it will be illuminated illuminated for 24 hours but we will not have
moving parts after after eight o'clock um we can adjust the illumination so that it will be
Um, we can adjust the illumination so that it will be consistent with the one that is there now.
Um, the sign is being used to, we have done many things in the community.
Um, we have a soup kitchen regularly on Wednesday.
We have grosser window once a year, once a month.
Um, we have had, um, our location was one where the black doctors of Philadelphia gave the, one of their first COVID vaccine shots.
So we have been partners with the community. We have partners with Allen Lock School, with the Mill Creek. We have done computer training. So we're vested and partners with a number of different entities in the community. And we believe that the sign will help us as we serve the community and even as we share messages of hope as people pass by during the daytime.
okay questions from the board no mr chairman no mr chairman
thank you questions or comments from the virtual audience
i see no hands here hi planning commission
Thank you, Chair. Sarah Bond, City Planning Commission. S-A-R-A-H-B-A-N-H. The proposed use is not likely to cause detrimental impacts beyond what reasonably might be expected. The City Planning Commission recommends that the Zoning Board grant the variance.
Thank you. MI 2022, 004-470-601-41-North 46th Street, I vote yes.
Harold Taneray, my vote is yes.
Thomas Holloman, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you. That concludes my business.
Thank you. Absolutely.
So, number 15, MI 2022-003-770-3929 North 17th Street.
Bern Anastasio is the attorney.
No RCO letter at this point.
And we're looking at an L&I issue, right, Hillary?
Mr. Chair, excuse me, so there's a concurrent appeal against L&I, but it is my understanding from correspondence with the council that they wish to proceed with the zoning appeal, and the outcome of that will determine whether or not they need to proceed with the appeal against L&I.
Okay, so do we, we'll hold the vote for an RCO letter?
um since the meeting was just held on november 29th um that i think that would be advisable
um in this case and and mr anastasio can speak you know to the meeting um and the testimony if
we do have a member of the rco here that wishes to testify that could substitute um but we do not
have feedback from the rco okay all right good um could you state your name please and spell for the
court report. Good morning, Mr. Chair. Vern Anastasio, V-E-R-N. Last name is A-N-A-S-T-A-S-I-O.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do. Could you identify your client in relationship to this property?
I represent 3929 North 17th LLC. Okay. And before our advice share,
You look like you wanted to say something.
is a two family dwelling since the 1960s. We have a basement with mechanicals. The first floor
is a two bedroom apartment and the top floor is a two bedroom apartment. Property historically
was owner occupied on the first floor and the top floor was rented out. It had a rental license
for one unit because it had been historically been owner-occupied.
I'm going to show you the history of the property.
Two-family dwelling, 1961.
Two-family dwelling, 1961.
My client purchased this property after his grandfather passed away.
His grandfather was the owner-occupant of the property since 1960,
the 60s and prior. So he purchased it after the grandfather passed away to keep it in the family.
He purchased it. It was listed by Keller Williams as zoned RM1 and also as a duplex.
He purchased this with the two-family dwelling already in place. And for those reasons,
we respectfully request the granting of the variance as it has a long history of a two-family
dwelling. It was listed by Keller Williams when he purchased as a two-family dwelling,
and there is absolutely no history of use of it being anything other than a two-family dwelling.
And with that, I'd like to have Justin Adams raise his hand and sworn in.
Mr. Adams, could you state your name, please, and spell for the court reporter?
Yes, Justin Adams, last name A, D as in David, A, M as in Mary, Sam.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Mr. Adams, did you hear my presentation to the board this morning?
I did.
Is it true and accurate to the best of your knowledge?
And do you adopt it as your own testimony?
Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.
With me is Carol Tenere, our vice chair.
Carol Tenere, yeah, I'm present, Mr. Chairman.
Thank you. Ismail Shahid, our board secretary.
Present, Mr. Chairman.
Also, here is our Board Attorney, Hillary Emerson, and our ZVA Hearing Supervisor,
Lakeisha Dandy.
Here's our virtual format.
By participating, you acknowledge your agreement to be recorded.
The video will be available by contacting TanyaSunkett at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify
themselves before testifying. If you are participating by phone, if you wish to testify,
press star 9 to raise your hand and star 6 to unmute. To enter an appearance statement, call
267-270-5548. Leave your email and the address of the property in question. And finally,
the question answer box on the screen is not for comments or testimony. Any comments should be
directed to our Executive Director, Tanya Sumter. Let's look at continuances for this afternoon.
Number 12, MI 2022-004-087-273 Delmar Street. This case is continued. Is there anyone who has
any comments relative to that case? I see no handshare. Any other requests for continuances?
I see no handshare.
Thank you.
I want to look at number nine, the status of number nine, MI-2022-004-093-3712 Clarendon Avenue.
We're missing several documents in this case.
Is there anyone here from 3712 Clarendon Avenue?
I see no handshare.
So MI-2022-004-093-3712 Clarendon Avenue, that case does continue.
We're going to go to our add-on list.
Excuse me, Chair, a hand just went up for Alice Udovich.
Ma'am, please unmute yourself.
Hi, could you state your name?
Thank you, Chairman, members of the board.
could you state your name and spell for the court reporter please my name is alice udovich
u-d-o-v-i-c-h that's right i'm here from councilman brian o'neill's office okay do you
swear for him to tell the truth the whole truth nothing but the truth i do what case
i was here on clarendon i was here to uh voice the councilman support okay so so we're missing
several documents on that and we believe uh that there's an attorney needed to represent the
the appellant so that case is going to be continued
thank you
well let's go to our add-on list
number one mi 2022 003 649 3000 west schoolhouse lane the vote for this has been changed vote will
now be held on wednesday december 14th at 2 p.m number two mi 2022 004 017 5427
Wayne Avenue. This is a re-vote with additional provisos. I vote yes, with proviso. Trash stored
in a dumpster, commercial trash pickup six days a week, temporary special exception to expire 1-1-26.
six. Carol? Ishmael Shaheed, my vote is yes. With proviso. Carol? It seems like she dropped
out here. If you wanted to pause until she get back in, it's up to you. Yeah, let's,
let's hold, I'll give her a call. Let's hold one minute.
Thank you.
Hillary, do we want to continue this particular case
and then we'll vote on it later?
yeah we'll just we'll yeah we just can't vote without carol so um we'll just have to wait um
but if carol is not here then we should announce we have an alternate board member here so that
we have a quorum and we can proceed is he is he on yes he is okay could he could identify himself
please i'm on chair john munlock from the department of planning and development thank
thank you appreciate it okay you're welcome so also we'll revote 1709 north marshall street
next week okay mi 2022 003 699 1709 north marshall street we'll vote that next week
Okay, so we're going to our regular list. MI 2022-002-384-3125 Page Street. We have a letter of opposition from Strawberry Mansion CDC and also, I believe, a letter of opposition from Strawberry Mansion Community Concerns.
Good afternoon, Mr. Chair, members of the board.
Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, Pennsylvania, 19 Fonserado.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and the relationship to the property?
Yes, my client is Brandon Ortiz, and he's the owner of the property.
Mr. Nakhansan, for a point of information, this is a request for single residents?
Now it is, yes.
We have revised plans and other alterations to the project.
Okay, thank you.
A few questions for more at Board Secretary, Ishmael Shaheed.
Good afternoon, council.
Good afternoon.
mr knockinson you've you've you've sent in all required forms am i correct including that and
we do have two letters now at this point oh i didn't get the second letter yeah we have we
have a second letter too okay uh yeah and i'll make sure hillary sends you the letter okay if
if Ms. Emerson can send it during the presentation
so I can just quickly review it.
Absolutely. Hillary, is that okay?
That's fine. I'm pulling it up now.
Okay. So we're good. Proceed.
All right. Thank you.
Hi. So I'm here to present 3125 Page Street.
This property is in the Schroeder Mansion section of Philadelphia.
During my presentation, we'll review the notice of refusal.
So the correspondence that we have so far from Strawberry Mansion Community Development Corporation, my understanding is maybe another RCO has submitted materials.
So we'll review that as well during our presentation.
We had two passionate meetings with the community, I would say, about this project.
Their primary concerns had to do to multifamily use.
They also had concerns about their overlay.
We have addressed as many of those concerns we can to make it a functional viable project and we'll go through those changes as well maps in the area photographs of the property or plans and drawings or RCO meeting notice for the last meeting.
Again, we met twice with the strawberry mansion community development corporation as the coordinating RCO or with other RCOs or application for appeal.
our application for appeal and we followed the cba or deeds of property showing that brandon
And we follow up with the CBA or deeds and property showing that brands and orthopedics.
ortiz is the owner of the property and our certificate of tax clearance in the virtual
audience in addition to mr ortiz who will got my testimony at the conclusion of my presentation
and can answer any questions you may have about this presentation
and the project is chris johnson 24 7 design the architect for the project
Just a little background, Mr. Ortiz is a firefighter with Philadelphia Fire Department.
All right, so this is an RSA-5 property.
Originally, we were proposing a two-family structure, and that's one of our refusals as an RSA-5 property.
We are submitting plans that will revise certain aspects of it, and if the board is so inclined to grant this variance request, we would ask for two provisors.
One, maximum of one unit, you know, a single family structure.
And then the second proviso would be the revised plans.
And we'll go over those as well.
Now, the two other refusals have to do with overlay issues.
Even though it's a RSA 5 property, which typically would allow 38 feet in height, we're in the NCO, Neighborhood Conservation Overlay District,
strawberry mansion too which only allows a height of 25 feet where we're proposing 30 feet six
inches again uh if my philosophy in zoney variance law is this in philadelphia if i walk by the
property built or used as proposed does it stick out like a sort of thumb or is it something that
fits more so with the fabric of that portion of the neighborhood if you look at what we are
proposing especially the rendering and comparing it to what is on that block on that side of the
block it would be something that would you would walk by and you would comment oh that's a newer
version of what's already there so we think it's appropriate uh for what we're proposing in spite
of the overlay you can't put you know a round peg in a square hole and you know that's what's
being asked of us and we just want to make it a viable project because we couldn't build a two
family excuse me a two-story single family structure the second or the third refusal
first one we're dealing with by way of proviso hopefully but the third refusal has to do with
the porch deck where six feet is required a porch deck and we're proposing five feet
the reason why we're pushing really hard on this request is that that's what's there on the other
properties on our side of the street is five feet so if we had to conform uh to this overlay district
requirements, our facade, the front of it would be out of line with the other properties
that are further down the block. And eventually when the block gets filled in,
it would just be strange to have a building facade that was deeper into a property than
its neighboring properties. Again, we're trying to, you know, fit within the fabric of the
neighborhood and you can't put in a vacuum these requirements. And that's why we have this process.
so sure we mentioned uh cdc again i don't have the other letter um wrote a letter and it was
opposition for two family household living which we addressed um they were opposed you know just
again on conceptual grounds because there is an overlay that they fought for but again you can't
just put that in a vacuum requiring two-story structures were on that side of the block there
three-story structures and then requiring porches of a minimum depth of six feet where five feet is
proposed where again it's five feet on that side uh so that was basically you know their concerns
i mean again i believe there may be members of the community here but their primary concern was the
multi-family structure obviously they want to protect you know their overlay as well and they
have every right to fight for that. But the primary response we got was more so about the
multifamily nature of the project, which we have eliminated by agreeing in concept if this board
is agreeable to single-family household living. So we have revised plans. We made three changes
according to our revised plans. We decreased the unit count from two units to one. We removed the
bay windows. Now, even though that wasn't a zoning requirement, they particularly did not care
about the aesthetics of having a bay window on the second floor. And I would agree, like if you
walk by the property built or used as proposed, is this something that you would see in that
porch of the neighborhood? And having a bay window was not. But you'll see from our drawings,
or at least rendering and comparing to what is on in that block, it's a porch neighborhood,
man started roof you'll see three stories you'll see uh you know porch man started roof three
stories that's where we're single family what they're trying to build uh so that's the second
So that's the second change we're making. And then the third change we're making is removal of an egress well located at front of building structure. Now, this is single family, so it really shouldn't go into the equation, but some members of the community don't want egress wells in their front.
change we're making and then the third change we're making is
They're like, we don't have egress wells on these existing structures that have been built many, many years ago.
Our position is this.
We are all about safety, especially with single-family homes.
You're not going to have a concern of people having bedrooms down there, but people are still going to be living down there, whether they're doing their laundry, they have storage, they have a family room down there, they have an office down there.
We want it to be safe.
There was an issue with fire.
We want an emergency way to get out other than the front door or the steps.
And that's why we proposed these egress wells. Well, we still have an egress well in the rear, you know, from a code perspective. Again, the reason why I mentioned that Brandon Ortiz is a firefighter, this is something he was very passionate about. Like, he wants to make sure that this is a safe, livable environment.
Again, to compromise with the community, he has one egress well.
In the rear, so from an aesthetic point of view, again, it won't affect the look and feel of that portion of Strawberry Mansion, but it will still be safe.
So those are the three changes we made with our drawings.
And then here's obviously our drawings, which, you know, you'll see.
There's a site plan.
And again, just to see where we are in the neighborhood, we're on Page Street.
We're between 31st and 32nd Street.
there is a multi-family portion. This is a multi-family portion of the neighborhood as you go up
closer to Diamond Street. But again, in the interest of compromise, in order to have a viable
property being built, which, you know, it's been a vacant lot for many, many years, we're willing to
do a single family structure. And as you can see, we are near a commercial corridor ridge. So
increasing any density, even single family is going to help support that commercial corridor.
which will help the neighborhood as a whole.
And vacant lots or nuisances in neighborhoods will tend to be,
and we want something that can be built that's responsible as well.
And then photographs of the property.
This is Page Street, you know, our property in front of the property.
This has been a vacant lot since 2009.
This is as far as it goes back.
So obviously there's reasons why it's been difficult to develop.
And nowadays, it's even harder with high interest rates, rising construction costs.
But my client is willing to make an effort to build this as a single family structure, which will add value to this community.
And then here's our zoning hearing notice posters as well showing proof of posting.
And then Page Street's the right of the property.
And then this is our side of the property, Page Street's the left of the property.
And I just want to zoom in here. Short porches, three-story structures, man-sword roofs. This is the side we're building on, right? And they're not 25 feet high. That would be the requirement. 25 feet high, six-foot depth porches. That's exactly not what's there.
and then our plans and drawings if you look at it exactly the same a modern twist but again a
short porch three feet three stories again man's road roof we're trying to build something that
was fit within the fabric of this neighborhood it does not conform to the overlay but the overlay
should not be applied to the vacuum it should be it's a case by case basis and that's what this
dba process is all about and then this is the rear of the property and then this is again the
drawings based on you know our revised drawings again we have an egress well in the back we
eliminated the one in the front and then just it's just a single family layout you come in
from the covered porch you walk in on the first floor uh living room dining room kitchen uh go
downstairs, there's a flex space, utilities down there, no bedrooms in the basement, but again,
a single family structure. You go up with quite a steps. There's two bedrooms and two baths on
the second floor, and then two bedrooms and two baths on the third floor. And then this is our
RCO meeting notice for the last meeting we had on November 17th at 6 p.m. 166 addresses were
notified of this meeting list of the addresses proof of mailing
proof of emailing to the uh applicable parties of the rcos the council member things like that
our application for appeal that we filed with the zba along with our project information form
and notice of refusal our deed to property showing that mr ortiz is the owner of the property
and our certificate of tax credit is showing that he's in good standing.
and our certificate of tax credit showing that he's in good standing.
I'm going to unshare my screen.
I'm going to ask that Mr. Ortiz vertically raise his hand
so he can be sworn in and adopt my testimony as his own.
But I will say this.
He's not a sophisticated developer.
He's trying to build something nice and strawberry mansion,
and he's trying to do the right thing.
And I hope the board sees that as well.
Currently, there's no one listed in the audience with their last name.
Ortiz Norris is in the hands up.
Mr. Nackamson, you're an officer of the court, and we will take your testimony.
Questions from the board?
No question.
No question.
Thank you.
Questions or comments from the virtual audience?
Chair, we have Tyrone Williams.
Mr. Williams, could you state your name and spell it, please, for the court reporter?
I'm sorry, Chair.
He just put his hand down.
We have Strawberry Mansion.
Anyone else?
Yes, we have Strawberry Mansion Community Concern.
Good afternoon, Chairman.
Hi, could you state your name, please, and spell it for the court reporter?
My name is Bonita Cummings, and I am the director of Strawberry Mansion Community Concern,
and my name is spelled B-O-N-I-T-A, Cummings, C-U-M-M-I-N-G-S. Right. Ms. Cummings, do you
swear for them to tell the truth, the whole truth, and nothing but the truth? I do. Please proceed.
I just wanted to indicate that the changes to single family are being received like the day
before. So it's difficult for the RCOs to look at these revised plans and make reasonable
decisions. So this information of single family is for some of us just being presented or we only
received the revised materials yesterday. So the understanding that we have, and particularly with
overlay is that the measurements that we're asking to stay in place meet with this side of
the street or meet with this project. In terms of egress wells, it was no egress wells front or back
of the property as it relates to the conformity of what is in that block. So we're asking that
That we not be given materials to review overnight and then it be presented as if there is, you know, some clarity or some understanding that may not have taken place.
Okay, so, so Ms. Cummings, let me tell you what we're going to do is we're going to go through the process.
We're going to hold this until next week for a vote.
And that way you can respond to the changes that have been made.
Thank you. Okay. Anyone else in the virtual audience?
Yes, Chair. We have Ms. Nixon.
Hi, Ms. Nixon.
Hi. Can you guys hear me? Yeah. Could you state your name and spell for the court reporter, please?
Sure. No problem. My name is Alcina Nixon. It is spelled A-L-T-R-E-N-A. Last name is spelled N-I-X-O-N.
Right. Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?
I do. Proceed.
So I was on the meeting, the actual, the two meetings that we had in the community, and I stand in support with Strawberry Mansion Community Concerns and Strawberry Mansion CDC in opposition to this being built on Page Street because of the things that Ms. Bonita just said.
We didn't even know that they changed the layout until just now.
Well, I know. Well, that's why I made the change. You're going to know, and then we'll wait until vote next week, okay?
Not a problem.
All right. Thank you.
Anyone else in the virtual audience?
Yes, Chair.
We have Tyrone Williams.
Mr. Williams, state your name and spell, please, for the court reporter.
Yes, my name is Tyrone Williams, T-Y-R-O-N-E, Williams, W-I-L-L-I-A-M-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I don't want to be-
William, are you a neighbor, Mr. Williams?
No, I am actually the program coordinator for the Strawberry Mansion Community Development Corporation, as well as the chair of the two Zoom meetings, Mr. Allen and number 10.
So the first meeting, there was some requests made for changes, egress well, and some other things.
So we talked about the measurements and we also talked about the importance of the overlay with
And we also talked about the importance of the overlay with Mr. Allen and let them know that we didn't, you know, he continues to use this statement, it should not be in the vacuum.
For us, it's important.
It's not in the vacuum to us.
We worked close to two years on it.
Residents came together and it's a law.
And I just want to be clear to ZBA as well as to Mr. Robinson, it's a law. It's not in a vacuum. It's the law. It's disrespectful to come back in the second meeting with the same drawings as if we did not have a first meeting, which the second meeting did become contentious because people were offended that you were trying to show us the same thing we just talked about.
as if we didn't discuss some changes.
Another thing, the block is just starting to be developed.
There's other lots next to that property.
It's not as if that property is going to set any precedent on anything.
There's other properties and things in that same lot here.
And secondly, the egress wells can go in the back.
I can appreciate the new designs that we just seen today, because I haven't had time to open them yet, that the egress well is not on the front.
But in the last meeting, the egress well was still on the front.
These changes to this property just happened.
That was in the back.
Mr. Williams, Mr. Williams, Mr. Williams, listen to me.
I've addressed that.
I understand what, listen to me.
listen to me listen to me i understand what everyone's saying that's why i'm going to
continue the vote for a following week and all the groups will have a chance to respond yeah okay
thank you mr williams for your input is there anyone else in the virtual audience
i see no hands chair planning commission
good afternoon mr chairman and members of the board david fecto f e c t e a u
with the city planning commission i do you swear or for him to tell the truth the whole truth
nothing but the truth yes sir i do okay proceed thank you mr chairman mr chairman and members
of the board the comprehensive plan recommends no change to the residential single family zoning at
this location the strawberry mansion neighborhood conservation overlay became active in december of
2020 and was put into place at the request of a coalition of civic associations there is no unique
physical condition of this property that would prevent it from being used in conformance with
the zoning code and so the city planning commission recommends the board deny the
requested variances thank you mr not going to say we're going to hold this until uh
the record will be closed other than what we received from the rcos we will vote on this
next week at 2 p.m yeah mr chair sorry i just sorry a hand just came up chair mary
jones okay okay mary ms jones state your name and spell for the court reporter please
um good afternoon mary jones mary jones from council president daryl clark's office
right do you swear affirm to tell the truth the whole truth nothing but the truth
i do um yes thank you for allowing me to speak i thought my hand was left but it was not
um today i just want to express the council president's support in the community and the
overlay that was put in place like mr fechtal just uh gave the brief background for just support them
in the opposition and ask that you deny the variance thank you okay thank you and i think
you've you've heard what i said before yes the they mentioned that you just received the
information so we're going to wait a week to vote on this okay mr chair two things um
if those members of the community are still on obviously my office and my client will make
ourselves available within that week period to have any further communications if there are
any court if there's any correspondence um including the correspondence that i did not see
up until uh now that ms emerson uh sent to us i would just be i would ask for the opportunity
just to respond to any additional correspondence okay thank you thank you hillary
yes that's fine mr chair yes we'll we will um close the record except for um follow-up
correspondence from the two rcos um and then we can give mr knockamson an opportunity to respond
to that um in writing and then the board can discuss and vote okay thank you very much everyone
Thank you, Mr. Knockerson. Number two, MI 2022-004.
Number two, MI 2022-004-079-2132 East Cumberland Street.
Sean Whalen is the attorney.
Non-opposites from East Kensington Neighborhood Association.
Council Member Squill is leaving the decision to the board as his office was contacted by numerous neighbors in opposition
who couldn't attend the RCO meeting.
Mr. Whalen, could you identify yourself, please,
and spell your name for the court reporter?
Certainly. Good afternoon.
Sean Whalen, W-H-A-L-E-N, from Vintage Law,
here on behalf of the owner, the Soft Bulletin, LLC.
Right. Mr. Whalen, do you waive the reading of the refusal?
Yes, I do.
Okay. And all of your photos, paperwork, tax information, et cetera, has been sent in on time?
Yes, it has.
Okay. Could you identify your client and the relationship to the property?
Certainly. The owner is the Soft Bulletin LLC, and that is who I'm here representing.
Okay. Proceed.
Thank you very much.
Share your screen.
all right you should now be seeing a google aerial map we do sir that we're talking about
it's actually here if i do this uh 2132 east cumberland yes it's right the board should be
familiar with this area a lot of development has taken place this is frankfurt avenue right here
trenton avenue right there right off of the horatio school right at that uh york roundabout
just to give a little context. So this is, we are just about two houses down from the
Frankfurt Avenue commercial corridor. Again, this is just showing Frankfurt Avenue here.
The building in question is this property, and you can see it's significantly built out. This
is an existing three-story that's been in its current condition for decades and decades.
we are not notably today asking for any new addition construction no addition to height
nothing of the sort we are simply asking for to legalize a pre-existing third unit that's
been in the building since before my client purchased the property so again here's frankfurt
avenue here's trenton avenue right where collins street hits east cumberland that's the property
that we're talking about. Highlighted here, it is, as you can see, just off of the CMX2 corridor
up and down Frankfurt Avenue. There is a significant amount of multifamily mixed all
in with single-family residential, as the board is aware, right here off of the commercial corridor.
So we have one refusal. Like I said, we have an existing three-story building that has at all
times been divided into three units and used as three units. However, the zoning permit for it
right now states two units, and so we are seeking to legalize the existing third unit. Again,
this does not require, there are no plans today because this does not require any new construction
or interior subdivision whatsoever, the unit in question has been in its current form since
well before my client purchased the property. Again, we have non-opposition from the RCO, ECNA.
It was actually a very well-attended meeting. 29 people attended the meeting. There were 17 votes
and, uh, 11 votes in support, six votes opposed. Um, they did not give a position as to why
an 11 to six vote is not support, but non-opposition. Um, and they specifically
state that they did not include a letter of explanation or rationale. So, uh, like I said,
it is officially in non-opposition. However, we did receive 11 supporting votes and only six
opposing votes. So the property that we're talking about is this building right here.
You can see it right in through the frontage here is a first floor two-bedroom unit. The second
floor and third floor are one four-bedroom unit also accessed by this front door. There's also
There's also separately an underground first floor breezeway that accesses the rear portion where that houses the subject unit that we're talking about now.
So separately an underground first floor breezeway
Here you can see multifamily. This is a three unit right across the street.
This is if you're standing on the stoop of 2132, you're looking up.
here's East Collins, here's East Cumberland, and Frankfurt Avenue is right up there. You can see
the commercial uses right there. Again, the multifamily up and down the block.
Again, just to give you an overview of what it looks like looking east. And this is, again,
just directly out. You have the multifamily on this side and the very large new buildings
on that side of the block.
So, and this just shows the posting that was in place.
We're just seeking to have it, I guess, re-legalized as a studio.
So with that, I'm happy to answer any questions the board may have, or I'll call my client.
Why don't you call your client, Mr. Whalen?
Certainly.
Dan Hewitt should be on.
Mr. Chair, I'm here.
I know.
Thank you.
john thank you for your help stand by john just in case
is your client on yes i'm this is dan hewitt hi could dan could you state your name and spell
for the court reporter please dan hewitt h-e-w-i-t-t right do you swear or affirm to tell
the truth the whole truth and nothing but the truth yes i do proceed thank you uh mr hewitt
You are here on behalf of the owner of the property, correct?
Correct.
And you heard all of the testimony that I've already presented and saw the documentation that I presented already in this case?
Correct.
And do you believe all of it to be true and correct to the best of your knowledge, information, and belief?
Yes, I do.
And would you adopt it as your own testimony?
Yes, I would.
With that, Chairman.
Sean, Mr. Whelan, real quick.
Is the third floor already an apartment?
So the second and third floor combined make up one four-bedroom unit.
Right.
And then this entrance on the side takes you to a floor unit?
So there's a two-bedroom unit on the first floor here, a four-bedroom unit upstairs that covers the second and third floors.
And then when you walk through this breezeway, you get to – I'm sorry to –
click oh you know what here it is yeah you come down to a walkway here it's an open air walkway
that comes out of the breezeway so what you have is this is the existing building and you can see
it's contiguous with what's all built on there at some point long in the future i couldn't get
building permits for it uh but you know 50 years ago or something a first a one-story addition was
built on the rear of these two homes and what you do is you walk through the breezeway right here
the breezeway takes you underneath uh the first floor or the second floor and then you have this
open-air walkway and right here at the rear of this uh one-story existing addition is that
entrance that i'm showing uh right here i should have taken a picture from the breezeway no that's
fine that's fine questions from the board no mr chairman no mr chairman okay so questions or
comments from the virtual audience i see no handshare planning commission thank you mr chairman
and board members, David Fecto, City Planning Commission.
The comprehensive plan recommends no change
to the residential single-family zoning at this location.
In 2016, the city changed the zoning maps in East Kensington
to conform with the recommendations in the comprehensive plan.
At that time, the zoning remained unchanged.
It has been zoned single-family since 1972.
The applicant has presented evidence
that the requested third dwelling unit existed prior
to zoning to the zoning application through no fault of the applicant requiring removal of the
third unit would present a hardship the city planning commission recommends that the board
grant the proposed use variance thank you david mi2022-004-079-2132 east cumberland street i vote
yes. Carol Tanari, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Mr. Whelm.
Can I just confirm that Mr. Shaheed voted yes?
He did. Oh, yeah. I'm sorry, it cut out on my end for a second.
Okay, he voted yes. My vote was yes.
All right. Thank you so much. I appreciate it. Sorry for the duplication. I hope everyone
has a good day. Thank you. You too.
All right, number three, MI-2022-004-117, 2134-38 Ridge Avenue.
Letter of support from Brewery Town Shardsway Community Civic Association.
Meredith Furlegger is the attorney.
Ms. Furlegger, excuse me, Ms. Furlegger is coming back in as a panelist.
Hi, could you state your name, please, and spell it for the court reporter?
Hi, could you state your name, please?
I'm Meredith Ferliger, F-E-R-L-E-G-E-R, 1500 Market Street, Suite 3500E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and relationship to the property?
My client is 2134 Ridge Avenue, LLC, represented by Emmanuel Laguticus or otherwise known as Mike.
Our vice chair has a few questions.
I do agree with the reading of the refusal and stipulate to its accuracy.
And I will also point out that there was an amended refusal that was apparently issued about two weeks ago.
So if the board is inclined to grant this, it will need to be with a proviso referring to that amended refusal.
Okay. 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?
Yes, all of the above.
You may proceed and begin by sharing with what you've just done.
Thank you.
on your screen sure thing uh good afternoon uh mr chairman members of the board again meredith
ferlinger with dilworth paxton i do have our architects with design blends here today
if the board has any questions the property before the board today is 2134 ridge avenue
which sits at the convergence of ridge avenue west oxford street and north 22nd street in the
city's brewery town Sharswood neighborhood. The exhibit packet includes 16 exhibits that I will
walk through which includes at tab 11 both a letter of support from the official RCO
as well as a petition of support from the few near neighbors we were able to speak with.
The aerial that I will put up at exhibit 10 shows the location of this property
which you can see is a large but oddly shaped piece of vacant land that's just under 11,000
square feet. This parcel has not, from what I can see, had an active use in many, many decades.
Just to the southwest of the property is one of the recently completed phases of the Sharswood
Blumberg Redevelopment Project, which this board has heard about in several cases over the last
few years. The area surrounding this property is otherwise comprised of mixed commercial and
at quite a few points around the border that will accommodate some additional landscaping
as well as the nine street trees that will be added.
So if I turn to the floor plans now at exhibit seven, we're starting first with a roof level
view. You'll notice that there is a very small roof deck marked by the hash lines,
but most of this roof is left unoccupied. Turning to the lower level or basement floor plan,
you'll see that this basement is going to be used for utilities, storage, and just over 1,600 square
feet is allocated to that first floor commercial space. On the first floor, you'll note there's a
roughly 2,400 square foot commercial space. So in total, the available commercial space will be
roughly 4,200 square feet and is really oriented towards that, you know, crucial intersection right
at Ridge and West Oxford. The 11 parking spaces that you see are under the building line, so
they're not exterior parking spaces. And they're accessed through two different curb cuts, one off
of North 22nd Street and the other on Ridge Avenue. These driveway entrances and exits were designed
based on streets department guidelines, which require the driveway entrances be as far from
intersections as possible. An interior trash room is also shown on the first floor, which will have
twice a week commercial pickup. These units are comprised of a mix of one and two bedroom,
ranging from 615 square feet to just over 1,000 square feet. As noted in the agreement with the
community, two of the affordable units will be two-bedroom units, and three of them will be
one-bedroom units. Now, as I mentioned regarding the refusals, Ellen and I did issue a revised
refusal about two weeks ago. I only inadvertently discovered that in preparing for this hearing,
So, if the board is inclined to grant the request, the proviso should be that it is subject to the revised refusal issued November 16, 2022.
There are three total refusals.
This was the original one, and now you'll see that third refusal that was added.
So, the refusals are for density, height, and parking.
I'll start first with the parking, which was the recently added refusal.
The refusal is for providing parking that's not accessed by a shared driveway, alley, or rear street.
The hardship in this refusal stems primarily from the extraordinarily unique lot shape here, which does not lend itself easily to interpretation under the zoning code.
As you can see on the ground level floor plans, this parking is accessed from two different points, which was designed to ensure the safest and most efficient ingress and egress to the parking areas.
The Lower North District plan that I included at tab 14 does include reference to parking areas that have visible entries from major streets.
And so in this case, this parking would be very consistent with this plan, since the parking is designed to be visible from Ridge Avenue as well as North 22nd Street.
Furthermore, the parking design is consistent with the intent of the code, given that North 22nd Street is, logically speaking, the rear to Ridge Avenue, even if the triangular odd shape of the property prevents that specific finding under the code.
The board is aware that CMX 2 does not require parking, but the developer felt it was crucial to provide it for nearly half the residents of this building to further reduce the on-street parking shortages in the area.
Now, regarding density and height, I can address the hardship on each of those together.
The application requests an additional five units and an additional seven feet in height.
This request primarily stems from some unfortunate timing.
Prior to closing on the purchase of this property, the owner engaged the Design Blends design team to craft a project for this critically located property that would be consistent with the planning goals for this location.
The project was designed to take advantage of the then-available mixed-income housing bonus that would have granted an additional 7 feet in height and an additional 25% units.
and an additional 25% units. Now, shortly before the purchase closed, the 5th District overlay
was amended, and that amendment eliminated the availability of all bonuses in that overlay.
That amendment became a pending ordinance as of October of 2021, and the property closed
less than two months later. Now, even without entitlement to the bonus, the owner has always
still intended to provide the required number of affordable units to ensure that the goals of the
former bonus are met. And in fact, in response to interaction with the community, the owner has now
agreed to provide five affordable units, which is 18% instead of what would have been required with
bonus which is 10 percent the project overall has been designed in conjunction with the goals of the
lower north district plan which encourages higher density mixed-use buildings along ridge avenue
these variances are the least minimum to provide relief given that they are consistent with the
formerly by right density and height that were available through the now eliminated bonus
structure. In conjunction with the recent PHA redevelopments in this area, this project will
meet the planning goals of providing a vibrant mixed-income community, both within this building
and more broadly for the community. This project will further strengthen this important commercial
corridor and is consistent with the Lower North Plan that does encourage taller mixed-use buildings
at prominent intersections like this one. The additional seven feet does not enable an additional
floor. Instead, it will enable this commercial space to have 13 feet ceiling heights, as well
as high ceilings in all the residential units. The height will be consistent with some of the
newer developments directly across Ridge Avenue, which you can see in some of the photographs that
I provided. And of course, across the street has more permissive CMX 2 zoning, which would allow
for higher height buildings. We submit the proposal will not increase congestion, harm
neighbor's properties, or impair light and air. Full analysis, as always, is provided in my
memorandum of law submitted to the board at tab 10, and I'd be happy to touch on any point in
additional detail. With respect to the community, we did meet with Brewery Town Sharswood Community
Civic Association. That discussion did result in a vote of support that is in your packet at tab 11,
which is also supplemented with additional expressions of support from near neighbors.
So at this time, if the administrator could look for either Mike or Emmanuel, I'm not sure how it
comes up on the Zoom screen, Lagudakis.
Sir, you can amuse yourself.
You're free to speak.
Hi, could you state your name and spell for the core reporter, please?
Hello, everyone.
My name is Emmanuel Lagudakis, E-M-M-A-N-O-U-I-L-L-A-G-O-U-D-A-K-I-S.
Mr. Kelly, do you have that?
Yes, Chair.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Thank you.
Mike, have you heard all of the testimonies that I've offered before the board today?
Yes, I did.
And do you agree that testimony is true and accurate, and would you adopt it as if it were your own?
thank you we're happy to answer any questions questions from the board no mr chair no mr
chair questions or comments from the virtual audience i see no answer planning commission
thank you mr chairman and board members david effecto with the city planning commission mr
chairman and members of the board the comprehensive plan recommends no change to the commercial mixed
to use zoning at this location, although the configuration of this lot may seem odd,
project could be redesigned to maximize the commercial ground floor frontage along Ridge
Avenue. We will also argue that the intent of the council president's prohibition of housing bonuses
in this section of the fifth council district was clear. So while the applicant's intent to
provide units to low to moderate income tenants is admirable, there is no mechanism which the
city can use to ensure that either the units or the tenants will meet low to
income low to moderate income standards. So the city planning commission recommends
the board deny the requested variances. Okay. Thank you.
Meredith, you want to respond? I would like to. Yes. Thank you.
I would like to. Yes, thank you. Just two things. First of all, there is no refusal in this case for anything concerning the commercial space. So I would just point out that that is fully compliant with the code.
Just two things. First of all, there is no
and there were other challenges i would be happy to bring the architect on if the board needs
additional clarity but there were quite a few challenges given the lot shape here
that ultimately dictated where this commercial space was located and how it was designed
and then you know just as far as the enforcement mechanisms you know that first of all we do have
a formal agreement with the community and that agreement will be recorded brewery town has often
entered into these types of agreements with other developers that have come before this board
uh and you know i'm confident that brewery town has appropriate counsel to ensure that the terms
of these agreements uh are met uh so so we we do not believe that will be a concern okay thank you
MI-2022-004-117-2134-38 Ridge Avenue, I vote yes per amended refusal dated 11-16-22.
Carol Tenere, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Thank you, counsel.
Thank you.
You're welcome.
All right. Number four, MI 2022-004-046-533 East Honey Park Avenue. Michael Molloy is the attorney. Letter of non-opposition from Council Member Lozada. Letter of support from the 42nd Democratic Ward Executive Committee.
Mr. Molloy. Yeah, Mr. Chair, this is Hillary. I just wanted to let you know we did receive
the tax information, then this matter can be voted on today. Thank you. Thank you. I appreciate it.
Mr. Molloy. Mr. Chairman, can you hear me? Yes, I can. Could you state your name and spell for
the court reporter, please? Sure. Good afternoon, Mr. Chairman. My name is Michael Molloy,
and it's M-A-L-L-O-Y. Right. Do you swear a firm to tell the truth, the whole truth,
and nothing but the truth? I do. Could you identify your client in relationship to the property?
Sure, Mr. Chairman. My client is SBG Real Estate, and it's at 533 Hunting Park Avenue. They are the
owner of the property. Okay. And our vice chair, Carol Tenere, has a few questions.
Hi, sir. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do. Thank you.
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of this 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.
Great. You may proceed and begin with sharing your screen.
Well, thank you very much.
Thank you.
Hold on one moment.
One second here, sorry.
so we see the deeds up so can everybody see my screen um with the uh the deed is sideways but
that's that's okay let me let me just hold on let me make sure i'm sharing the correct screen here
hold on give me one second here um
i just wonder so mr malloy what mr malloy yes mr malloy yes so here here's what i think we need
we need some photos of showing the existing property and then what the sign will look like
sure uh thank you very much and i'm sorry about that let me let me just make sure let me get the
the correct um i'm looking for the correct screen to share i'm sorry um
okay so mr malloy here's what here's what we could do let me get back to you let me go on
to the next case get your sorry thank you no no and we'll call you in about 15 minutes okay
Okay, that's great.
Thank you very much.
Great, thank you.
Case number five, MI-2022-004-028-3634-9.
004-028-3634 North 19th Street, Justice of Consul. Consul is the attorney, letter of support from the 13th Ward RCO.
Councilwoman Bass has taken a non-opposition to this project.
Mr. Consul.
Hello?
Hi, Mr. Consul. Could you state your name, please, and just spell for the court reporter?
Yeah, it's Joseph, J-O-S-E-P-H. Last name is Consul, C-O-N-S-O-L-E.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
Yeah, the client is Invest Realty 3 LLC, and Mr. Sidney Shaw is on this call to adopt my testimony.
And Mr. Consul, our vice chair has a few questions.
Hi, Mr. Consul. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
have you emailed the exhibit packet with proof of ownership tax compliance refusal referral
photos and or plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes to all okay you may proceed and begin to share your screen
i think i tried to share is my packet up it's it it's up okay all right so uh there's a visual
of the property it's the property on on the end here we don't have that mr council we have your
zoning appeal hearing package oh good okay so you got my packet up it's 3634 north 19th street
that's in the nice town tioga section of the city in um october of 2016 this board approved
a three residential unit variance for the property prior to that the property had been
approved for two residential units and a hair salon i had um operated that way what appeared
to be for many years fell into disrepair the owners in 2016 got it rezoned and approved as
a three unit and i have that approval here's the application the appeal number permit for three
family dwelling in an existing structure, and this was in 2016, granted September 20th of 2016.
My clients, Invest Realty 3 LLC, bought the property in November of 2016, so a few months
after the approval was given for the three units. They operated the property with a three-unit
rental license until 2019 when the property had squatters in it. During that time, they
filed and eventually had the squatters removed, but did not keep up with their licensure and never
received a certificate of occupancy for the property, having not known that it was required.
And so when they got the squatters out, they sought to apply for the three-unit rental license
again and they got the refusal which is again three dwelling units is prohibited in this zoning
district now on the notes of the zba the only thing that's that's odd is it notes the um beauty
shop was and two units was granted in 1955 but it does not acknowledge the fact that three dwelling
units was granted in 2016. Nevertheless, at that time, Ellen and I had reached out to my clients
and said, unfortunately, it's just kind of a shorthand of this letter, there was no CO ever
applied for, so the 2016 approval for three units has lapsed, and you'll have to go back in front
of the board for a variance, and here we are. So I'll run through my packet. There's the refusal
again. We have support from the 13th Ward RCO committee. Neighbors came out. Takeaway seemed
to be that this property needs to be fixed up, and my clients got the squatters out, and everyone's
appreciative of that, and now they're going to be using it as a three-unit again, and hopefully
we get the support for that today. This is more of their letter, showing eight in support,
no opposition from anyone. RCO itself is in support. Councilwoman Bass, as mentioned,
has no objection to the variance. It's a proof of mailing, proof of the meeting.
It's a proof of mailing, proof of the meeting, photos and plans showing the property.
We had floor plans drawn up for the RCO, showing the breakdown.
The site area is 1,500 square feet.
We've got three units, one with three bedrooms and two with two bedrooms in this property.
We, per the RCO's request, showed where the internal trash storage is in the new configuration here.
And sort of a wider view of the block.
Entrances to the units as they stand now.
Now, property obviously needs some love after the squatters and such, but they have started to take some of the RCO's advice, installed some security lighting, and there's the rest of my compliance documents at the end here.
And then finally, we sent the board the previous approval, and sorry, it's zoomed in too much, showing that it had been granted for this same variance in 2016.
That's really the extent of what I have.
Mr. Counselor, you want to have your client or representative of your client adopt your testimony?
Yes, sir. It's Mr. Sidney Shaw, S-H-A-U-Y.
Sir, can you mute yourself?
Hi, could you state your name and spell for the court reporter, please?
Yes, my name is Sidney Shawi, S-H-A-U-Y is the last name.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I do. Proceed, counsel.
Good afternoon, Sidney. Did you hear my testimony just now regarding your property?
Do you adopt it as your own?
Absolutely.
Okay. Thank you, sir.
Questions from the board?
No, Mr. Chairman.
Thank you. Questions or comments from the virtual audience?
I see no handshare.
planning commission thank you mr chairman and board members david fecto with the city planning
commission mr chairman and board members the comprehensive plan recommends no change to the
residential single family zoning at this location this property has a documented history of use as
two dwelling units with a beauty shop which existed before the original 1933 zoning code
adding a third dwelling unit to replace the former beauty shop would have no discernible impact on
the block face and uh and no impact on the adjacent properties the city planning commission
recommends that the board grant the use variance for a third dwelling unit to replace the former
beauty shop thank you mi 2022 004028 3634 north 19 street i vote yes harold scenario my vote is yes
thank you council i couldn't come off mute sorry about that that's okay everyone
okay number six mi2022 004032 3870 lancaster avenue lynn nichols is the attorney
um letter of support from the people's emergency center
council member gotheye has taken a position of non-opposition
miss nichols could you state your name and spell for the court reporter
good afternoon lynn nichols l-y-n-n-n-i-c-h-o-l-s right do you swear or affirm to tell the truth
the whole truth and nothing but the truth? Yes. Could you identify your client in relationship
to the property? My client is Michelle Vaughn, and she is the owner of the business located at
3870 Lancaster Avenue. All right. Our vice chair, Carl Tenere, has a few questions.
I do agree to waive the reading of the refusal and stipulate to its accuracy. Yes. Have you
email the exhibit packet with proof of ownership tax compliance a copy of the refusal or referral
photos under plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes thank you you may proceed and begin to share your screen yes can
everyone see my screen we can yes all right and so here we have the exhibit packet for the project
at 3870 Lancaster Avenue, Ms. Vaughn is asking for a special exception to hold in it to have
Ms. Vaughn is asking for a special exception to have an event space at the location.
She would like to be able to hold events and house approximately 70 customers at any one given time.
The special exception that she's seeking will not increase the congestion in the public streets or in any way endanger the public.
It will not cause overcrowding of the land, nor will it impair the adequate supply of light.
It will not burden the sewer, school park, or other public facilities, and it will not permanently injure the adjacent properties.
We have included in the packet the lease for her business, which is called Canvas Incorporated.
um and she also has we have the tax compliance certificate these are the neighbors that we
mailed letters to it was approximately 148 neighbors this is the letter that was mailed
to the near neighbors this is showing the proof of mailing here we have the posted zoning notice
this is the copy of the refusal attached you now see a view looking at the front of 38 lancaster
Avenue. This is a view looking, again, at the front of 3870 Lancaster Avenue. Here we have a
view looking across from 3870 Lancaster. This is a view looking to the right, a view looking to the
left. Here are some interior photos of 3870 Lancaster, another interior photo, and a final
interior photo. Here we have the plans, which shows the space inside of the location. You have
approximately 29,322 square feet of space inside of the location. And finally, we have a letter
of support from the RCO. The RCO noted that Ms. Vaughn is very committed and involved in the
community. She donates her space frequently to area businesses for various reasons, whether it's
a meeting, if they need to hold an event themselves. She's very involved in the community, so they were
very proud to be able to provide her with a letter of support for this project. At this time, I would
like to call my client, Michelle Vaughn. Hi, Ms. Vaughn. Could you state your name, please, and spell
for the court reporter? Yes, Michelle Vaughn, M-I-C-H-E-L-L-E, last name V-A-U-G-H-N.
Do you swear or affirm, tell the truth, the whole truth, and nothing but the truth?
I do. Proceed, counsel. Thank you. Ms. Vaughn, have you heard my testimony that I presented here
today? Yes. And do you agree with the testimony that I presented here today? Yes, I do. And you
adopted as your own? Yes, I do. Is there anything that you would like the board to know about the
project? That we have been in business for several years and as you stated, as well as the RCO, that
we are committed in the community to provide a safe place for individuals to gather and host
events as well as commit ourselves to the community to be a safe haven and again provide services for
businesses who do not own brick and mortars but to utilize our space to operate operate and own
and host their own business activities thank you thank you questions from the board
and mr chair no questions or comments from the virtual audience
i see no hands chair hi planning commission thank you mr bergman and members of the board
David Fecto, City Planning Commission. The comprehensive plan recommends a change in zoning
at this location from commercial mixed use 2 to commercial mixed use 2.5. The applicant has shown
that the proposed assembly and entertainment would have no impacts beyond what would be expected from
an assembly and entertainment venue. The City Planning Commission recommends the board grant
the special acceptance. Thank you. MI 2022-004-032-3870 Lancaster Avenue. I vote yes.
Carol Tannery. My vote is yes.
Thank you, Council. Thank you. Merry Christmas. Happy holiday. Thank you. Same to you.
Hi, 7-MI-2022-004-84045 Baltimore Avenue, letter of non-opposition from the Spruce Hill Community Center.
Letter of non-opposition from the Spruce Hill Community Association.
Councilmember Gauthier has taken a position of non-opposition.
Nicholas Couchet is the attorney.
He's coming back in as a panelist chair.
hi could you state your name and spell for the court reporter
hi uh good afternoon everyone uh nicholas cuche c-u-c-e uh attorney for the applicant uh dish
wireless llc right do you swear or affirm to tell the truth the whole truth and nothing but the
truth i do and do you identify one more time your client sure it's dish wireless llc okay
Our vice chair has a few questions.
Hi, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, 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?
Yes, to all of the above.
Okay, great. You may proceed and begin with sharing your screen.
Thank you much.
Thank you.
Can everybody see?
We see the list of your files.
Okay, fantastic.
I'm just going to put up my exhibit list.
As noted, Nicholas Couchet here on behalf of the applicant.
By way of very brief history, DISH Wireless is, a lot of people know, DISH Network, the satellite television provider.
DISH Network, over the past few years, has purchased Spectrum from the FCC to get into the wireless telecommunications game, if you will,
and compete with the other wireless carriers, such as Verizon, AT&T, T-Mobile, et cetera.
That being said, DISH Wireless is looking to, in the process of building out its network,
and in doing so, the main model is to co-locate on existing structures whenever possible,
as opposed to building a new structure.
Sometimes that has to happen in this particular instance for this project, which is 4045 Baltimore Avenue. There is an existing apartment complex, and I'll go through pictures in a bit.
We are looking to co-locate on the rooftop of this structure.
Our antennas with equipment at the base of the building, there is a sort of a first floor
garage, if you will, and it will be within a fenced compound.
We filed for a zoning permit.
The application is Exhibit A1.
We have our affidavit of posting and photographs of the posting as Exhibit A2 submitted.
We have our license and inspections referral dated July 23rd.
So that referral, as you will see here, is basically a referral for special exception.
So essentially a permitted use, assuming a special exception is granted by this board.
There were no additional notes.
The property owner itself is New Horizons West 1 LP.
That is our landlord.
And as you can see from Exhibit A6 provided, we have a lease agreement with the property owner.
The deed is also provided to the board as Exhibit A-5.
Counsel, counsel, counsel, why don't you show us photos of what the property looks like and what you're going to do?
Certainly, certainly.
Plus, we have the rest of everything you have listed.
Absolutely.
So, here's an aerial, Mr. Chairman.
Here is the existing building, and here are the three locations that we are looking.
It's to the rear of the property, so off the street.
This is where the three antenna arrays, if you will, or sleds will be placed.
if you will, or sleds will be placed. What we are doing, and I want to pull up
bear with me one moment uh our
photo simulations right so we saw this already um
so here is an existing view um as you can see uh from pine street
This is the existing site as it looks today. As you can see here, once we install, if approved, there is our antenna array. They will be painted to match the facade of the building as required.
uh here is a view from baltimore avenue of the existing property um you cannot see uh the sector
here it's obstructed uh by existing building facade and landscaping vegetation um
site not visible from this view from uh baltimore avenue again um it will be placed
past the building facade. So this building will obstruct any view of the installation of the
antennas. And here is our view from 41st Street, probably the most prominent view, but again,
off of the back of the building, again, painted to match what is existing for the facade as required.
by the ordinance as well as by our landlord. Essentially, we met with the RCO. We do have
their non-opposition. The council member's office also has no opposition. We've included
that email in your packets. As noted, our – just wanted to show you the plan very briefly.
Here's the property again with the antenna arrays.
uh the ground level um fenced compound uh the the cabinets are locked um the fence will be locked
of course it will be a six foot fence that is one uh revision we made and we did uh include our
proviso plan form um to to the solicitor uh we had a larger fence a taller fence eight and a half
feet uh that was not compliant uh obviously with the ordinance so we made it six feet for compliance
purposes um and just so you can see an elevation view um the first floor parking is where we will
have our equipment and then the three arrays will be at the rooftop that is essentially the proposal
Do you have your client here that can adopt your testimony?
Absolutely.
The applicant has shown that the proposed wireless service facilities will have no more of an impact than wireless service facilities would be expected to have.
So the City Planning Commission recommends the board grant the special exception.
Thank you, David. MI 2022-00484045, Baldwin Revenue. I vote yes with proviso. Revised plans, one page, stamped by ZBA on December 7th, 2022.
Harold Tineri, my vote is yes, with proviso.
Ishmael Shaheed, my vote is yes, with proviso.
Thank you, counsel.
Thank you very much.
Happy holidays, all.
I appreciate it.
Thank you.
Same to you.
Thank you.
Number eight, MI 2022, 004109, 1948, 16th Street.
Alan Nockmson is the attorney.
We have recommendation of support from the East Point Breeze neighbors.
Also, the applicant has provided 12 form letters of support from neighbors, six of them from the 19 block of South 16th Street.
Mr. Nockamson, could you just state your name, please, because you've already been sworn.
Yes. Good afternoon. Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-L-A.
Mr. Nackamson, could you identify your client in relationship to this property?
Yes. This is the one on 16th Street, right?
Yes, it is. 16th Street.
Right. Welcome back.
Exactly.
Louis Maglio, he's one of the owners of the property.
All right. And our vice chair has a few questions.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral, photos and or plans of the property five days in advance of this hearing?
And have you met with the RCO? And do you have a letter?
Yes, in all respects.
You may proceed and begin to share your screen.
All right. Hopefully we'll make this as painless as possible.
All right. Here we go.
1948 South 16th Street.
We're in the East Point Breeze section of Philadelphia.
As you can see from this rendering, we're on the corner of McKean and 16th Street.
In my presentation packet, we'll review the notice of refusal.
So this is an R-in-1 property.
We're trying to make it a functional two-unit dwelling.
And you'll see some dimensional variances, which are more technical in nature.
We have a letter of support from the East Point Breeze neighbors,
which I think was mentioned while I was trying to get on.
We have letters of support.
We have a rear yard area variance request, 144 feet are required and 121.92 square feet is proposed.
Our letter of support, as you can see, we have overwhelming support from nearby neighbors as well as the community board as well for this project.
Letters to support by nearby neighbors.
Again, my clients actually own a bar which is across the street, and they've owned this property for some time.
uh and um rosemary maglio uh actually lives around the corner as well so this is a family
that's lived in this section of philadelphia uh i believe for generations uh so this is an
investment property they're looking to uh revitalize as you can see from the renderings
and you'll compare it to uh what we're doing uh what's there right now but you can see we have
overwhelming support and my clients made a really concerted effort to get that support
and then again just map of the area from a zoning perspective we are an arm one property
so that's multi-family in nature we're a tad short of the lot requirements to make it to family
dwelling but here we are in McKean and on 16th street and as you can see we're not that far from
Broad Street or Pass Young. So these are commercial corridors in order to help to support the
commercial corridors. It's always great to increase the density of residents. And then photographs of
the property. This is from the 16th Street side. You see there's one door here. You see this is
from the McKean Street side. There's a second door here. Each of the units have their own entrance and
exit. And the great thing about corner property is that trash is going to be stored in the rear
and accessible by both unit orders.
Here is our proof of posting of the orange notice posters.
And then here's the property from McKean,
again, just to give you contextually what we're looking at.
And you can see this is a two-story structure.
All we're doing is going up one story
to get more room here.
And then here's South 16th Street
to the right of the property,
south street 16th street to the left of the property mckean to the right of the property
mckean to the left of the property our plans and drawings again you can see it's night and day
literally um what we're trying to do we're trying to revitalize this property take that ugly
white siding that's on the second story expose the nice brick and do a mansard roof here and
And as you can see, there's a separate entrance on the 16th Street side for one unit, and
then on the 16th Street, on the McKean Street side for the other unit.
And then there is access for both units for garbage outside.
And then as you can see here from the site plan, currently this is a two-story structure.
The second story does not go the full length of the first story, and we're proposing to
have the third story edition merely sit on top of the second story and then you can see here from
this is where our variances are where the fact is this third story um we have like a rear yard depth
of eight feet and eight one half inches um again this is a non-conforming structure so we're
increasing the non-conformity and the same thing with the the um the uh rear yard area it's 121.92
square feet so again as you can see here uh it's it's longer on the first floor uh then the second
and third floor is existing and we're adding a third story um and each again each side has its
zone front door as you can see from here and then just the floor plans to quickly go through it oops
so the floor plans you have unit number one uh which is on the side here on mckean street
you come in you have an open floor plan of a kitchen in a dining room in the living room
you have a bedroom in the front you have a bathroom back there you go down the flight of
steps there's an additional living area half bath and an office instead you want to go to unit number
And, you know, within internally within this unit, which would be the third floor where the addition is going to be, and we have two bedrooms, a bath, and a washer and dryer.
And then there's our meeting notice.
We met with the community at a well-attended event on October 19th at 6.30 p.m.
162 addresses were notified that meeting.
uh these are listed addresses the proof of mailing to those addresses the proof of email
to the rcos and the other relevant parties our application for appeal that we filed with the zba
along with our notice of refusal and our project information form as you can see the maglios
own the property and have for some time
and our certificate of tax claims showed that there's no balance owed actually have a credit
uh with that being said i would ask that mr magalio virtually raise his hand
so he can be sworn in and adopt uh my testimony as his own
mr magalio could you state your name please and spell it for the court reporter
lewis maglio l-o-u-i-s maglio m-a-g-l-i-o do you swear or affirm to tell the truth the whole
truth nothing but the truth i do proceed counsel oh yes mr maglio you heard everything i had to
say today with respect to your i have and is it true correct it is and do you adopt into your
testimony i do thank you all right questions from the board and mr chair questions or comments from
the virtual audience i see no issue uh planning commission thank you mr chairman members of the
board david facto city planning commission the comprehensive plan recommends no change to the
residential multi-family zoning at this location this 690 square foot lot creates a clear hardship
which supports the proposed dimensional variances these variances are in keeping with the intent
of the rm1 zoning district the city planning commission recommends the board grant the
variances thank you mi2022-004-109 1948 south 16th street i vote yes carol tanari my vote is yes
thank you council thank you could we go back to number four please michael malloy is the attorney
MI-2022-004-046-533 East Hunting Park Avenue.
Michael Malloy.
Mr. Malloy is coming back in as a panelist.
Thank you very much, Mr. Chair.
Mr. Malloy, I think you've already been sworn, and I think our Vice Chair already spoke with you.
Am I right?
That is correct.
Yes, thank you very much.
So why don't you start your presentation?
Yep, cut right to the chase and share my screen.
So up in front of you, you see the plan that shows the sign detail that we're talking about today.
We're only talking about building B and signs 3 and 4.
Building A, the signs are already in existence.
So I'm going to scroll down and show you signs 3 and 4.
You'll see that the signage is on these two elevations of the building shown on three and four.
This in front of us is the west elevation.
It's the life storage sign.
These signs are not, we're not asking for any relief with respect to the area of the signs.
uh to what we uh let's see was under uh exhibit d in your packet and let me reduce the size a
little bit here hold on one second yep okay we'll start at the top um let me see the various uh
sites of the building. This is along building A. You see the existing signage which is very
similar to the signage we're proposing. Another shot of building A along East Hunting Park.
And then we also have included two shots of some similar uses along the area where we see the condition where the signage has been placed above the second floor sill and roof line.
We said we attended the meeting of the new 42nd Ward.
We received unanimous support for the application. The community holds the use in high regard,
and they like the development and the improvement that the use is provided along the roadway there.
I have with me Daniel Lyman from the applicant, and if you
don't have any questions for me, I could have him sworn in and confirm or give you more detail.
Why don't we have him adopt your testimony? Okay, great. Mr. Lyman, are you there? You could raise
your hand. Yes, I'm here. Can you hear me? Could you state your name, please, and spell it for
the court reporter? My name is Daniel Lyman, D-A-N-I-E-L-L-Y-M-A-N. Right. Do you swear or
a firm to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Proceed,
Councilman. Mr. Lyman, were you, oh, sorry, thank you. Mr. Lyman, were you present for
my statements on the record today? Yes, I was. And do you adopt those statements as your own?
Yes, I do. Great. Did you have anything to add?
Nope. I think it was great. Pretty straightforward. Thank you. That's all I have.
Mr. Mollet, what you're doing is quite similar to what's in the area.
That is correct. And quite similar to what's in the area. It is because of the, as you see, the elevations along the road on Hunting Park and the size of the building at three stories versus, you know, the two stories. It's to make the signs more visible.
Thank you, Mr. Malloy. Questions from the board?
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no handshare.
Thank you, Mr. Chairman and Board members. David Fecto with the City Planning Commission.
The comprehensive plan recommends a change in zoning at this location from heavy industrial I-3 to medium industrial I-2.
The placement of the proposed signs matches the character of the other buildings in the Hunting Park East Industrial Protection Area and will not adversely impact the use of adjacent properties.
The City Planning Commission recommends the Board grant the proposed variances.
Thank you. MI 2022, 004046, 533 East Hunting Park Avenue, I vote yes.
Carol Tannery, my vote is yes.
Ishmael Shahi, my vote is yes.
Thank you, Council.
Council, number 10, MI 2022-004-094-2413R, Tulip Street, letter of opposition from Council
member Skwula with a petition.
Mr. Chair, this is Hillary. We also received from
council member Skwula's office the letter of opposition that was prepared
by the Old Richmond Civic Association. I've forwarded that to Mr.
Anastasio on his request. We also have all of the deed and tax
clearance information that we need. Perfect. All right. Thank you.
Counsel? Good afternoon,
Mr. Chair, Vern Anastasio, on behalf of Old Richmond Ventures, LLC, and Carlos Massif.
and Carlos Massip, the owner. You've already been sworn.
You've already been sworn.
Our vice chair has a few questions. Thank you. Hi, Mr. Anastasio. Do you agree to wave 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
ladder? Yes. Okay, you may proceed and begin to share your screen, which you've already done.
Yes, thank you. Thank you. 2413 R Tulip Street, Mr. Chairman, I just want to take you down here.
This is zoned RSA 5. It's actually three separate lots with four separate OPA accounts,
Which already tells us that there's a history of multifamily use, although difficult to find, because for the past 30 years, these lots have been vacant, at least by 1996, if not beyond.
And I want to show you the vacant lots for now.
This is Boston Street. You see the two-story homes across the street.
There's proof of posting.
We have proof of mailing. 161 individual households were mailed.
And the flyer that went out to ORCA.
And we met with them on 1122 at 730 in the evening.
What we have here is, as I said, three lots with four OPA accounts.
My client was here before with prior counsel and had proposed two three-story structures with a four-family dwelling.
That did not get approved.
We're here today just for a three-family dwelling.
As Mr. Avellino, the architect, will testify, we've reduced the height of the home facing Boston Street so it reflects the other homes on the block.
Now, to build compliant here because of the unusual shape of the property, and here we are.
This is our site.
As you can see, it's twice the width of any other home on Boston Street.
It's completely irregular.
To build compliant, we'd have to have a hodgepodge of sorts of three single family homes on each of the lots, not fitting with the block facing.
It would be incongruent in size and massing to the adjacent homes and incongruent with the Boston Street streetscape.
So we'd also need easements, cross easements, and large dimensional variances to make this work with three separate lots that are all zoned for single family development.
It's the strange site layout of the unique physical condition that has prevented by right development for nearly 30 years on the site.
What we are proposing is three units, which would be by right if each parcel was developed independently as three tiny homes.
It's also, I also submitted a legal brief in part of my evidence today to be included in the record.
It details our hardship faced per Valley View Civic Association and as it relates to the dimensional variances Hertzberg.
So we do have case law on each.
What I'd like to do, by the way, we met with the RCO.
It was very poorly attended.
Only nine people showed up. Eight of the nine opposed it because they said they didn't think the units would be affordable and would be rentals.
But a by right single family home, though not marketable at all, given its shape and size, would exceed the price point of the neighborhood and would be cost prohibitive.
And it could practically house as many people as the three units.
But the Napers also rejected a single family proposal or idea.
And you'll hear evidence, testimony today that each and every person, each and every one of the eight people in attendance that opposed it wanted the lots to remain undeveloped.
They also offered the idea of a park or a place to put fire pits.
Now, this is a site just steps from mass transit. We've got York Street steps away,
Frankfurt Avenue steps away, both commercial corridors that rely on residential development
and density like this one. It's a transit-oriented development from someone who lives in the
It's a transit-oriented development from someone who lives in the community. My client, Mr. Massip, is not a developer. He lives in the neighborhood. He's had these lots, and he'd like to be able to use them so they don't just stay fallow. They are, in fact, zoned for residential.
community, my client, Mr.
we also have because it was so poorly attended we decided to go door to door with the list of
the addresses that the planning commission provided us uh and discuss the plans as such
we've got 40 signatures of support from immediate neighbors on boston on tulip on york
um so we have that as well i also want to make sure that you understand that the letter that
was sent by the civic association is not a letter of opposition they framed it as a letter of
non-support they also affirmed our hardship sentence three apparently this lot has gone
undeveloped for some time. We suspect this is due to its irregular shape and situation.
So the RCO itself is confirming that we have a hardship here, and that's why it has gone
fallow for so long. These are buildable lots. When combined, we're able to offer a quality product
that fits the streetscape and the massing of Boston Street without any adverse impact.
But with that, I'd like to have my client raise his virtual hand so he can adopt my presentation as his own.
Carlos Massip.
Hi, Carlos. Could you state your name and spell for the court reporter?
Good afternoon. Carlos Massip, M-A-S-I-P.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Proceed, counsel.
Thank you, Mr. Chair.
Mr. Massif, did you hear my presentation to the board today?
Is it true and accurate to the best of your knowledge?
Do you adopt it as your own testimony?
Yes, I do.
Thank you.
Mr. Chair, I would like to call Mr. Jeremy Avellino, who's the architect.
Mr. Avellino, state your name and spell for the court reporter.
My name is Jeremy Avellino, J-E-R-E-M-Y.
A-V-E-L-L-I-N-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
There you go. He's out.
Okay. While we wait for Mr. Avalino to rejoin us, I'm going to call attorney Harry Cook as a fact witness who attended the RCO meeting.
Mr. Cook, could you state your name and spell for the court reporter?
Harry Cook, H-A-R-R-Y-C-O-O-K, Anastasio Law.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
Thank you, Mr. Chair. Mr. Cook, did you attend the RCO in representation of the particular project at Barr today?
Yes, I attended with Mr. Masseth and Mr. Avellino.
Okay. And can you give us some context as to the RCO's position based on those eight individuals?
Sure. So the presentation lasted about an hour. There were about eight or nine folk in attendance for this particular project.
We presented all the hardship argument that you're referring to as it relates to the irregular-shaped parcels, the amount of dimensional variance that would be required to develop each individually, and that this was essentially a like-for-like transfer of the three units from the three parcels to a larger single parcel that diminished the needs for many of the dimensional variances and how it fit within the streetscape, et cetera, so on and so forth.
Mr. Avellino presented. And, you know, towards the end of the presentation, it was clear that everyone except for one person was not supporting the project.
So we brought up in contrast, you know, on grounds of density, rentals, et cetera, and brought up the idea of something similar, but single family by right also having the same, you know, mass, larger massing or even same massing.
And the folks in attendance were not supportive of that either. And Mr. Avellino asked point blank, well, what would you like there? To which everyone to a person essentially responded, nothing, a park or a place for fire pits.
So, you know, it was not as if there was a good faith exchange of what could or could not be built and, you know, as a project there that evening.
So I think the vote is more a vote of Nindyism than any principled disagreement about hardship, et cetera.
Thank you, Mr. Cook.
Mr. Albolino?
I wonder if he's back, Mr. Chair.
So, Vern, could you explain it to us?
Is that possible?
Of course.
What we have here is three units.
The first unit is 1,597 square feet, which consists of the basement, first and second floor.
The second unit is the basement and first floor with 1,116 square feet.
Again, nice, sizable, livable quality products, not not tiny little 400 and 500 square foot units.
And then finally, unit three is fourteen hundred and fifty one square feet with a mezzanine, very, you know, very well designed, all high end finishes.
is again still more affordable than if we just built one large monster house and affordability
wasn't at least a talking point in you know in the community meeting but nevertheless
because if developed separately we could build three small homes instead of a more reasonable
plan here today because we're we've met the burden in testimony evidence and legal grief
all that I'm entering into evidence today that is affirmed by the RCO letter itself of hardship
under Valley View and Hertzberg and because the RCO at least the eight folks that showed up
will oppose anything that's not a park or a place to put fire pits and finally because we do have
the signatures of 40 immediate neighbors all in support of our appeal I respectfully request
that this board grant the appeal. Thank you. And I've moved everything into evidence, including
my exhibit and the brief that was sent under separate cover, as well as the tax compliance
documents. All right. Questions from the board? No, Mr. Chair. Questions or comments from the
virtual audience? Chair, we have Michael Lang. Okay. Hi, Mr. Lang. Could you state your name
David, spell for the court reporter?
Thank you, Mr. Chairman.
lang l-a-n-g uh i live on the 2200 block of boston okay okay so one hold on one minute
yep do you swear or affirm to tell the truth the whole truth nothing but the truth
i don't proceed mr lang i live on the 2200 block of boston street about a half a block away from
the proposed project um there's so many different variances that he needs on there it's just
i don't see how this can be pushed through at all i mean it says strictly expressly prohibited
it for multifamily household living.
End of story.
I oppose it, but there's no
hardship being met. He's just trying to bend the rule.
Permission to cross?
You can. Thank you.
Mr. Lange, are you...
Mr. Anastasia, just to let you know, I brought
eight people to the meeting myself, so I don't
know who to count.
Hold on one minute.
That's your RCO leader.
He gets to ask you some questions.
I just need to make sure, Mr. Lange, you're aware of the three separately deeded parcels as they exist currently.
Is that right?
And the regular size and situation of each and every one of them.
Is that correct?
Correct.
What would you prefer to be built there, sir?
Fire pits, because that's what we all said, right?
Fire pits.
No, I want a building built there that adheres to the laws.
I have nothing further.
Thank you.
You got it.
Thank you.
Thank you.
Thank you for calling in, sir. We appreciate your input. Is there anyone else in the virtual audience?
Yes, Chair. We have Anthony Fullard.
Okay. Mr. Fullard.
I do want to ask Mr. Anastasio, I did not receive the petition that you showed in your packet, so if you would like that included in the record, please forward that ASAP.
I do. I'll forward it as soon as we end this evening.
But there's an issue with the architect not being able to testify that if we close the record, he will not be given that opportunity.
So I don't know how we would want to deal with that.
uh excuse me this is pauline kirmaiti does he he has the link correct and he just can't
is he receiving any errors on his end or it's just it's my understanding that the link isn't
working he's actively trying to get in he keeps getting an error message okay do you know what
error message he is receiving i don't but so so hillary i i would i would say uh
Um, maybe we leave it open then to next week to let him testify, but it would be a short
testimony because Vern, you pretty much went over it for us, but if you think that he can
add something, then we're going to give him a short period of time to have something to
Only because he's-
So would that be like a resumption hearing?
Hillary, is that okay?
Yes, that's what I was going to say.
Yes, I would say we could do a very, very brief resumption hearing at 2 p.m. for the
architect's testimony.
um we've already heard from the public we've already heard from the planning commission so
it would be only for that and then the board could vote um the record is is otherwise closed in this
case that's fair i appreciate he's he has to testify as the expert design professional okay
thank you all right all right thank you i appreciate it thank you number 11 mi 2022
2-0-0-4-0-5-4-600 East Roosevelt Boulevard. Jared Klein is the attorney. Letter of non-opposition
from the 35th Ward Democratic Executive Committee. Civic design review required and completed.
Mr. Klein. Good afternoon, Mr. Chair, members of the board. Jared Klein. It's J-A-R-E-D-K-L-E-I-N
from Blank, Rome, 130 North 18th Street in Philadelphia.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
All right.
Could you identify your client in relationship to the property?
Certainly.
And it is this area that's indicated by your triangle. This is what 5501 Whittaker will be when that parcel is activated.
um the the proposal here is for a self-storage unit and the challenge for developing this lot
is due to the shape it's a triangularly shaped parcel so we have a nice amount of frontage here
but towards the rear of the parcel it gets very very slim uh to the point where you can't really
there's no buildable space on the rear of the parcel so you're left really with this front
piece that is developable. These are views of what the lot area looks like now.
This is the area where the self-storage will go. As you can see, there's also a grade to this site,
and so part of the hardship that's unique to the lot is having to regrade this lot to be able to
build a usable structure there. Very quickly, photos of posting that were placed around the
lot, including on the shopping center. And this will give the board a sense of what we're looking
to do. This will be the proposed three-story storage unit, 46,000 square feet. There's
proposed to be a retaining wall and landscaping throughout the facility. And it's going to have
a covered loading area so that customers of the storage facility can come in through a two-way
driveway. There's a covered area with some exterior storage units, and then there will be
interior storage units throughout the rest of the building. This is an overhead showing that
covered loading area that I referenced, and a general floor plan of what the storage unit will
look like when it's completed. This is an area of land that's been vacant for some time
and was never included in the shopping center parcel despite having previous common ownership,
So we think this is a much more beneficial use for the lot than just the vacant space that's been there for some time.
Just some renderings to give you a sense.
It's a very standard looking cube smart self-storage building that I'm sure we've seen throughout the city.
This is just to contextualize. This is the shopping center and industrial buildings that surround us.
And this is where the new building would sit in context with what's around it.
just to show the board another rendering of what we hope the finished product will
look like. We did take the project through CDR. Their letter noting that their comments and that
the process has been complete is included for the board here. And as I was coming into the meeting,
I heard the chair mention our meeting with the 35th Democratic Ward. Their letter of
non-opposition is here before you on the screen. I can certainly share additional detail,
but I think at this point, I'll ask my client to raise his hand and adopt my testimony.
James Coakley, I know he was with us at the start of the meeting. I don't know if he's still with
us now. Hi, if you're there, could you state your name, please, and spell for the court reporter?
yes hi james coakley c-o-a-k-l-e-y right do you swear or affirm to tell the truth the whole truth
nothing but the truth uh yes i do mr chairman proceed thank you uh james did you have a chance
to listen to my presentation this afternoon yes i did and uh would you adopt my statements as
true correct and your own if you'd had the chance to more substantively testify yes i would thank
you very much uh mr chair if there's any questions about the operation mr coakley certainly happy to
answer all right questions from the board no mr no mr chairman no mr chairman questions or
comments from the virtual audience as they know he is chair i play any commission good afternoon
mr chairman and board members david vecto with the city planning commission the proposal completed
its civic design review in September of 2022. The civic design review committee's advisory
recommendations are not an expression of the city planning commission's recommendation
or opinion regarding zoning variances, special exceptions, or other discretionary approvals
associated with this proposal. The comprehensive plan recommends no change to the commercial mixed
use zoning at this location. The applicant has failed to show that they cannot use this site for
any of the activities allowed by right in commercial mixed use three one of the city's
most permissive zoning districts so the city planning commission recommends that the board
Yes. We have two cases left before the 2 p.m. break. Are you okay to go through the two and
then we'll take a little break after that? I am, Chair. Thank you. Okay, so we'll hear these two
And then just around the corner, 1643-51 North 6th Street, again, a RSA 5 property granted under similar circumstances.
And then this, I think, is the most impactful thing.
This is the 1600 block of North Marshall Street.
The green one is us.
The red, which is labeled 2 through 12, these are all multifamily properties, even though they're RSA 5.
zoning classification so what we're proposing is definitely not out of character what you would
expect for on this block and then maps of the area yes we're yellow uh rsa5 but again as you
saw from this map here you know it's not out of character to have worldwide family this portion
of the neighborhood and then just maps uh a google map of the area as well and then photographs of
property again as you can see there's a property to the left of us and to the right of us over this
vacant lot four meters four meters one meter for each unit uh which is three and another meter
for the common area we would be doing the same so what we're doing is mimicking what's the left and
right of us and then you can see this property has been vacant you can see the left and right
the properties of left and right of us were not there up until recently but our law has been
vacant since 2007 which shows you know the hardship here about being able to develop
pursuant to the strict confines of the build-up historic codes and then you can see here this is
our proof that we posted the property to the community about today's hearing and then this
is north marshall street till uh right of the property north marshall street till left of the
property are plants and drawings. As you can see, we're mimicking the, you know, the stairs to the
front steps, the height, the look even in some ways of the property, traditional red brick flat
facade. Again, no dimensional variances, pretty straightforward floor plans. You walk into a
common vestibular area, you go to the left.
Unit number one is the first floor and lower level.
You go up another, instead of going to unit number one,
you go up another flight of steps.
Unit number two is completely on the second floor.
You go up another flight of steps.
Unit number three is on its own floor,
on the third floor.
And then this is our RCO meeting notice.
we met on november 2nd at 6 p.m 149 addresses were notified
these are listed the addresses proof of mailing to those addresses
proof of email uh to the rcos as well as other relevant parties our application for appeal that
we filed to the zba notice and refusal project information form or deed to the property
showing that Preston-Berkeley LLC
is the owner of the property.
Another certificate of tax clearance
showing that there's no balance due on real estate taxes.
With that being said,
I would ask that Mr. Nadeau
virtually raise his hand
so he can be sworn in
and then adopt my testimonial system.
Hi, could you state your name, please,
and spell for the court reporter?
sir please unmute yourself sorry pardon me uh sanjeev naidu s-a-n-j-i-v last name is naidu
n-a-i-d-u right do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do proceed counsel uh yes mr naidu you heard everything i had to say about your zoning matter
I did. And is it true and correct? Absolutely correct. And do you adopt my testimony as your
chairman? Yes, I do. Thank you. Questions from the board? No, Mr. Chair. No, no, Mr. Chairman.
Questions or comments from the virtual audience? I see no handshare. Planning Commission.
Thank you, Mr. Chairman and board members. David Fecto, City Planning Commission.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
The zoning maps were changed in 2017 in Ludlow to conform with recommendations of the comprehensive plan.
There is no unique physical condition of this 1,272-square-foot lot that will prevent it from being used in conformance with the zoning code.
Although there are two quadplexes and several duplexes on the block, the majority of the block is still single-family.
The City Planning Commission recommends that the Board deny the use variance.
Thank you.
MI 2022-004-053-1640.
MI 2022, 004053, 1644 North Marshall Street. I vote yes.
You're muted, Carol.
The dog. Carol Tenere, my vote is yes.
Ishmael Shahi, my vote is yes.
Thank you, counsel. Stay right where you are. MI 2022, please.
Please, please stay where you are.
Excuse me, Mr. Chair.
This is Hillary.
I just want to interject because I do need to clarify from one of the earlier cases, something on the record.
24-13 R Tulip Street, that's MI-2022-004094.
We are having a resumption hearing next week, Wednesday, December 14th, 2022 at 2 p.m.
and that will just be for testimony from the architect. The record is otherwise closed.
Thank you. Thank you, Hillary. Appreciate it. Okay, so MI 2022-002-378-3107 Clifford Street.
At this point, we're waiting for a letter from Strawberry Mansion CDC. Is that right?
That's correct, Mr. Chair. Okay. Could you identify your client, please?
Oh, yeah. So first of all, my name is Alan Ockamson, Ockamson, B-C-A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N. And I represent two individuals, Ryan Campbell and Carrie Urien, who are the owners of the property. And they're in the virtual. They should be in the virtual audience.
Alan, could you say that one more time? I think we...
Ryan Campbell and Carrie Urien.
Okay. Our vice chair has a few questions.
Hi, Mr. Nockamson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes. I just wanted to note that we do have an updated refusal that the board does have by way of authorization.
So when the board does vote, if they're so inclined to grant our variance request, I would ask by way of proviso with the correct zoning permit application number.
Okay. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral, photos under plans of the property five days in advance of this hearing? And have you met with the RCO and do you have a letter?
So yes, in all respects, other than the letter.
We do not have a letter with the Strawberry Mansion CDC.
They did not take a vote at the last meeting, and we would like to present this matter one more time to them.
This would be the third full presentation.
We would ask that the board hold this matter under advisement.
I'll be able to present waiting for that letter from the board.
I'm in front of the RCA.
Okay, you may proceed and begin with your screen.
Thank you.
So I think this is a straightforward project, but we'll see how the board thinks and how the community thinks. This is 3107 Clifford Street.
So we did some cleanup work.
this has been a triplex with off street parking since 1938 it had a rental license that was good
through august 1st of 2020 my client purchased the property anticipating that they were going
to completely renovate this property and uh just get you know and be able to get a zoning permit
the building permit they should as of right to be allowed that because as this board knows as
long as the use hasn't been continued for more than three years, whatever the last known zoning
permit would apply and not the current zoning classification. For whatever reason, that hasn't
happened. So they hired me. We're working on this. We're presenting this to the board as way of a
variance. But I would say this should be allowed as a grant. So you had the original notice refusal
on February 20th of 2022,
which somehow omitted the parking.
I noticed that.
That's why I asked the board for authorization
to go back down,
to allow us to go back down to L&I
to recognize the off-street parking as well.
So we have this notice of refusal
on September 8th, 2022.
That is the operative refusal.
So if the board's inclined to grant this variance
after hearing from the community, of course,
We would ask, they would grant it by way of a proviso, specifically referring to that later refusal.
Correspondence from the strawberry mentioned CDC, again, we put that as a placeholder.
We do not have correspondence from them yet.
We're waiting to meet with them. And then once they meet, I would ask for the opportunity to be able to comment on that, on the record, and then we would ask the board to vote.
We're waiting to meet with them.
And then once they meet, I would ask.
There's a permit of 8816, which shows this three-unit dwelling as of 1938, as well as, I believe, the rental license, which shows that it was active as late as August 1st of 2020 for a triplex.
then the 3100 block so that's the property history and if that wasn't strong enough
the 3100 block of clipper street is essentially all multi-family some and a lot of off-street
parking as well and the off-street parking that we have this existing just like these other
properties we're not taking parking off the street because there is no parking allowed on
air streets uh and then the philadelphia 2035 plan lower north district plan encourages increases
in density near commercial quarters where where properties are nearby where there's nearby
commercial quarters which we are we're near ridge avenue now maps of the area you'll see where we
are in relation uh to the general community strawberry major community photographs of the
property and surrounding the area our plans and drawings our rco meeting notice i believe that
was the last one we had. Obviously, we'll have to add another one. Our application for appeal
or deed to the property showing that Mr. Campbell and Ms. Urien purchased this property. As soon
as they purchased it and it needs a complete renovation, they tried to go through this
process and shockingly, they're part of the variance process now. And our Certificate of
Tax Climate showing they're in good standing with the state of Philadelphia with respect to real
and taxes again this is the updated refusal uh applications for the legalization again
legalization because it exists already of one accessory parking space um and we're not changing
dimensions of that um at rear yard depth access by rear alley for multi-family household living
three units an existing structure size and location is shown in the application we're not
even changing the physical structure um and you know we've done a lot with this community
strawberry mansion to show what we're planning to do we have three refusals first is multi-family
rsa5 district again this property has a history since 1938 so that's 85 years of almost multi-family
use uh the parking um dimensions parking are required rear yard depth nines required zeros
proposed is because we're using the backyard as parking where it's been like that you know
previously and it's not uncommon because there's other properties just like that
uh dimensional standards for parking spaces and aisles uh parking is required of eight and a half
by 18 we're at 18 again this is we're taking something that's been there forever and we're
not changing it up and as you can even see here in 1938 this zba granted allowance for
three-family dwelling so again this board back in 1938 pre virtual meetings granted this same
request and then this is the second refusal the earlier version which did not have the parking so
we're just trying to clean that up uh no letter from sherbury mansion because we have to take a
vote so they want us to represent here's the actual permanent cell in 1938 which shows that
it was a three-family drawing and here's the rental license which shows that it was a rental
license that was obtained in August of 2019, which was good through August of 2020 for three
units. So I would make the argument that we shouldn't even be part of this variance process.
This should have been allowed as a right. And unfortunately, we're here today. And then here's
just the meters. Again, we haven't done any work on this property, but these are the existing
meters. You can see there's four meters here, one for the common element or the common area,
and one for each of the three units.
And then the 3100 block of Clifford Street.
Again, I think we did another variance
a month or two ago on Clifford Street
and this board granted it.
But you can see where the green tab on Clifford Street.
There are 16 other instances of multifamily structures
on the 3100 block of Clifford Street.
again apples to apples we're doing something that that this part of the community equally has
equally as. And then the Lower North District Plan 2014 prioritizes commercial residential
and then the lower north district plans
development on the adjacent to the corridor, which assists in restoring street life and
r-y-a-n-c-a-m-p-b-e-l-l right do you swear or affirm to tell the truth the whole truth nothing
but the truth i do let's see you counsel oh yes mr campbell did you hear everything i had to state
about your zoning matter i did is it true and correct it is and do you dot my testimony as
Chairman. I do. Thank you. Okay. All right. Questions from the board?
No, Mr. Chairman. No, Mr. Chairman. Questions or comments from the virtual audience?
Chair, we have Strawberry Mansion. Okay.
Hi, just state your name, please, and spell for the court reporter. I think you've already been
Warren. Right. Bonita Cummings, B-O-N-I-T-A, Cummings, C-U-M-M-I-N-G-S. Right. Proceed,
please. Hi. 3107 was not on the listing that was where we heard 3125 Page Street, so that's why
there probably was no VOOP. But ultimately, again, this is one of those properties where
we got the revised presentation materials yesterday. So again, we're being under a lot
of pressure as the RCOs, unlike Mr. Knuckleson, we're not compensated to come up in a week and
dealing with all of these revised materials that you will hold until, which is really rough for
for the rcos so i don't think that one week and particularly having to review uh several of these
packets would be i never we never said a week well i know like primarily it's been you've been
saying a week so i just say we already got a week to try to do one and now yeah okay you want to be
forced because i do see some things in that packet for 31 those revised materials that are that needs
to be addressed. Okay. All right. Thank you. We hear you. Anyone else in the virtual audience?
I see no answer. Hi, Planning Commission. Thank you, Mr. Chairman and board members. David Decto
with the City Planning Commission. The comprehensive plan recommends no change to the single family
zoning at this location. This property has a documented history of recent multifamily use.
The City Planning Commission recommends the board grant the requested variances to legalize
existing conditions. Okay. So I think we, we talked about this one for a resumptive hearing
and Hillary, didn't we say a month? I, I don't know if we, so that was kind of the question
as to whether we needed a resumptive hearing or not, but Mr. Notcomson is indicating that
he would like to respond on the record to recommendations from the RCO. So maybe what
we will do is we'll do a resumption um lakisha can provide the date um and at that time you can
we can read into the record letters from the rco and mr knockamsey can respond otherwise the record
is closed let me ask because i know that strawberry mansion cdc i believe they need let me see they
need a specific date of the month the day of the month so let me just make sure so we can meet
their needs we're not here to rush that like i want them to have a community meeting um and make
a comment i just want to make sure i get the right date so there was a 17 the last time so that looks
like the third uh thursday of the month so let's you know i just want to be fair to them and give
them an opportunity to meet and not create a special listing just for us so i doubt that they
meet in december and that's probably not enough time anyway so can we say uh
january 25th as a resumption hearing because that one the third the what thursday is january 19.
we can do that uh at three yeah sorry uh lakeisha had to step away for a moment
we can do that the 25th Wednesday the 25th at 3 30. Okay all right all right thank you everyone
and let's so let's take a five minute break before we get into the 3 30 list and when we come back
we'll go right through the 3 30 list as quick as possible. I see several continue which is okay
so five minutes we're back all right thank you.
Thank you chair.
Thank you.
Thank you.
Thank you.
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Thank you.
Thank you.
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Thank you.
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Thank you.
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Thank you.
Thank you.
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Thank you.
Thank you.
Thank you.
lakisha how we look mr kelly are you back
yes i am okay uh carol you're you're okay
i'm okay i always have to mute it when the dog barks okay
He's usually there, but he has a problem with that muting.
I'm here.
Okay, good.
We're ready to go.
Ready to go, Chair.
Chair, all set, sir.
You can go ahead when ready.
And we are ready for court and chair.
Good afternoon.
My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.
With me is Carol Tenere, our vice chair.
Present, Mr. Chairman.
Ishmael Shahid, our board secretary.
Present, Mr. Chairman.
Also here is Hillary Emerson, our attorney.
Lakeisha Dandy, our ZBA hearing supervisor.
Before we begin, here's our virtual format.
These proceedings are being recorded.
By participating, you acknowledge your agreement
to be recorded.
The video will be available by contacting
tanyasunkett at phila.gov.
For the benefit of our court sonographer,
we ask attorney and witnesses to identify themselves
before testifying.
If you're participating by phone and you wish to testify,
press star nine to raise your hand and star six to unmute.
to enter an appearance statement, call 267-270-5548. Leave your email and the address
of the property in question. And lastly, the question answer box on the screen is not for
comments or testimony. Any comments have to be directed to our executive director, Tanya Sunkett.
Let's look at continuances on this afternoon's list.
Number six, MI-2022-003-829-629-South 40th Street.
That case is continued.
Number seven, MI-2022-004-469-401-South 22nd Street, that case is continued.
And number eight, MI-2021-002-261-7234 Woodland Avenue, that case is continued attorney moving party.
And I also have a case that we have no exhibits, case number five.
M-I-2022-003-845-2822 South Simpson Street, Valentine Bennett is the owner. No exhibits, that's the first listing.
Ms. Bennett, are you in the audience?
Chair, there's no hand up for Ms. Bennett.
So MI-2022-003-845-2822, South Simpson Street, that case is continued.
Are there any other requests for continuance?
I see no handshare.
I see no handshare.
I'm going to go right to number one.
We're going to go right to number one.
MI 2021-005-284-2086 Hain Street.
Diane Manning is the owner.
Letter of support from 10th Ward Democratic Committee.
Excuse me, one minute, Mr. Chair.
This is Hillary.
Craig Melodosian has his hand raised.
I don't know if it was in reference to one of the continuances or another matter.
Sure. Hi, could you state your name, please, and spell for the court reporter?
Thank you kindly. Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.
Do you swear or affirm to tell the truth, the whole truth, and not admit the truth?
I do. I raised my hand for two of them. I'm the coordinating RCO on Simpson Street.
I wanted to indicate that we had no record of that applicant reaching out to us.
That's the first listing we have, and we have no exhibits at all.
And we're happy with the continuance.
My second one is regarding 72, 34 through 40 Woodland Avenue.
While we are supportive of the continuance, this case started back in 2019, and we supported Mr. Master's request several times for continuance.
However, the lessee is doing nothing to take care of the property.
We've scheduled site inspections with them in 2021 when I met with Steve and the lessor.
Then two other RCOs met this past summer.
I photo documented, but have not bothered you with it.
Under no circumstance has the individual done any landscaping, hardscaping.
We've asked that tires be stored in compliance undercover.
They are strewn about the facility.
They work in the right of way on the sidewalk.
And this is particularly vexing because not only does it impact the commercial corridor,
but immediately behind it is the Paschal Homes, which is a public housing project.
I have a long history of having worked with that, going back with a Department of Justice
drug and addiction problem.
And I see no reason why an Afro-American majority-minority community should be subject to the blight that this individual is perpetrating upon it.
So we support the continuance, but we ask that there be some sort of control put in place to have them comply with zoning.
He's moved ahead of his application, including setting up structures that were unpermitted.
And again, we want to work with the man, but he needs to work with us.
So, the gentleman has to clean the parcel. It's as simple as that.
Okay. Thank you.
Thank you, sir. Thank you to the entire board.
No, thank you. Thank you, Craig. All right. So, number one, MI 2021-005-284-2086 Hain Street. Diane Manning is the owner. There is a letter of support from the 10th Ward Democratic Committee.
Ms. Manning is coming back in as a panelist.
Hi, Ms. Manning, could you state your name and spell for the court reporter?
Hi, Ms. Manning, could you state your name and spell for the court reporter?
Diane Manning, M-A-N-N-I-N-G.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Before we start, do you have a proof of posting on your project?
Yes, I do.
Do you have it with you today?
All right, and you'll show it in your presentation?
Okay. Our vice chair has a few questions.
Hi, how are you?
Good, hi.
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property five days before this hearing, and have you met with the RCO, and do you have a letter?
Yes, I do. All of the above.
Okay, great. There's one use refusal connected to your case, and that's a sit-down restaurant is prohibited in the CMX-1 zoning district.
you can proceed and begin with sharing your screen carol carol i think that's that we're
that's the wrong one is that wrong yes okay this is number one um yeah it's number one on the 3 30
list 2086 haynes if you don't see it i can read it into the record wait a minute so there's a lot
on this i see it now i went to the to the last page so strike what i said starting from one use
refusal this application is for use as personal services on the first floor of an existing
structure no signs are on this permit there's one use refusal whereas the proposed use personal
services is expressly prohibited in the rsa5 residential zoning district um there's a letter
of support from the 10th Ward Democratic Committee. That's it. I think. Is that all you want me to
read, Hillary? That's fine. Yep. We're good. Okay. Okay. You can proceed by sharing your screen.
Ms. Manning, thank you. Yes.
okay this is a list of all the documents that i have
this is the
Okay, this is actually a letter stating that the tax clearance was satisfied, but we still
don't have the actual tax clearance.
Ms. Manning, this is Hillary Emerson.
And this information has not been submitted into the record by the zoning board to the zoning board.
So if you could do that after your presentation, we can review it and see if this will meet the requirements for a tax clearance.
This is a refusal notice.
we have that application of appeal we're good with that
And this is the project information.
and this is the
And these are some of the architectural plans.
I have the architect here
if you have any questions for him.
Well, if possible,
do you have photos, Ms. Manning?
Why don't you show us photos
and that way you can actually show us
what you want to do, okay?
this is manning you why don't you start telling us what you want to do
in other words you're not tell us exactly what you're trying to do just open the front of the
building no no no what what is the project you're trying to do well actually we need to do um
all construction inside the building yeah but i mean what is it you're creating tell me what
you're creating a hair salon okay all right yes uh unisex hair salon mel and female
okay enlarged the picture so you can see them
yeah could you make it a little bit bigger
are you keep going back to the same one we want to see the photos you're talking
It keeps popping back to that, going back to the blueprint.
Okay, so your picture is not working out.
try to explain him what you're doing so right now there's an auto place there
yes behind the existing building is the auto body business the front is going to
be converted into a hair salon okay all right um and you can't get your photos to open
trying to enlarge them right
So that's a little bigger. Okay.
All right. So the front of the building, what's there now in the front of the building?
Nothing. It's an empty building. Okay. All right. And that's your building? Yes.
And then right behind it is where you operate an auto repair place? Yes. All right. You run that too?
No, my husband does.
All right.
All right.
Go through the rest of your documents here.
That's the side of the building.
Right.
Right.
Keep going.
That's inside of the existing business, auto body.
So we're making no changes to the auto body.
no okay
so show me what you have now nothing there's nothing in the building
no it's just uh empty builder right now just space okay excuse me mr chair this is hillary um
miss manning can you go back down because i think there was a posting photo down there
to be able to see that for the record yes
Where would
where was that placed in the front of the building okay all right okay all right all
right so that's where the the the barbershop unisex hair salon will be yes okay okay
Okay, we have that.
So you had 17 people at 10, 15 are in favor to oppose, right?
Okay, all right.
Questions from the board for the for the board.
No, Mr. Chairman.
i said i said no mr chairman okay thank you
questions or comments from the virtual audience
i see no hands chair planning commission this is uh ron sorry yep one just came up it was dylan
dylan mahoney okay fine thank you good afternoon sorry about that hi dylan state your name and
spell for the court reporter please dylan mahoney d-i-l-l-o-n last name mahoney m-a-h-o-n-e-y
right do you swear or affirm to tell the truth the whole truth nothing but the truth
i do proceed thank you mr chairman um dylan mahoney uh from the office of council member
anthony phillips um we have received the letter um documenting the rco meeting from the 10th ward
rco and the council member has no opposition to the granting of the variance thank you thank you
planning commission so this is ron bednar first name ron r-o-n last name bednar b-e-d-n-a-r
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Proceed, Ron.
While a comprehensive plan recommends no change to the existing RSA single-family zoning on this property,
the proposed use, however, is consistent with the physical configuration of the existing non-conforming structure.
We believe that the submitted evidence demonstrates the non-residential nature of the existing building.
Therefore, we recommend the requested variance be permitted.
Thank you.
MI 2021-005-284-2086 Hayden Street.
I vote yes.
Excuse me, Mr. Chair.
Mr. Chair, we cannot vote on this one because I do need to verify that the tax is going to have been addressed.
We're still waiting for the tax bill.
We have to hold that for today.
When you get the tax bill, send it in, and then we'll vote on it at that time.
okay okay thank you all right sure thank you
number two mi 2022-003-810-2840 chatham street um let me see here
letter of non-opposition from councilman squilla with proviso requested by rco
So, letter of support, Southport Richmond Civic Association, with a proviso of a five-year temporary variance.
Counsel, could you state your name and spell for the court reporter, please?
Sure. Jennifer Bositlo, B as in boy, A as in apple, Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar.
Right. Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?
I do. Could you identify your client and relationship to the property?
Sure. My clients are Michelle Sharp and Jadalyn Nagy, who are the owners and operators of an event-based trendy hall, so they're a tenant of the building.
Sure. My clients are Michelle Sharp and Jadalyn Nagy, who are...
Okay. Our vice chair has just a few questions.
Hi, Ms. Bazzillo. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Do you strike that? I just asked you that.
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 of it.
Okay, you may proceed and begin by sharing your screen.
All right, let's get to the right screen.
Here we go.
All right, let me just go over here to clear this up.
All right, so like I said, I'm Jennifer Pazidlow.
I'm here representing Michelle and Jadelyn, who are the operators of a small event space called Trendy Hall.
We've submitted a packet that has the refusal.
The refusal is for nightclub use, which, as you are aware, any gathering place over 50 people is a nightclub.
This is not a nightclub. This is a family-oriented event space.
We'll get into detail later.
the project information form. This is the lease. It's a five-year lease. We're looking for a five-year
temporary variance. We have the certificate of tax clearance for Trendy LLC, the owner and
operator, as well as proof of property tax payment for the property. The RCO letter in support.
As you see, it was a really well-attended meeting. There was over 50 people there,
and the vote was 46 in support with only six that opposed.
So the RCO did issue a letter of support.
It's worth noting that the same variance was granted
on a three-year temporary basis in 2019,
which expired at the beginning of this year.
So that is why we are back here trying to renew that variance.
So that's, here we go, the notice of division.
The proviso was again, the three-year temporary.
Zoning maps of the area, which we'll come back to. This is the overhead view. It's part of a large
former ammunition factory, but we're talking about less than a thousand square feet within that
property. So this is the photographs of my postings. This is, so let me just tell you before
we go further about the packet, there's photos and there's plans, but this is 2848 Chatham Street.
like I said, it's a large former ammunition factory. It's currently zoned I-2, and it runs
street to street between Cedar and Chatham Street on the block that's just north of Somerset
in Port Richmond. But we are talking about, these are photos of the interior of the space that will
be being used as an event space. So you can see it's not a large space. So this is the plans for
event hall and this is the entire first floor we're just talking about this little space right
here which is along the cedar street side of the property so um like i said this building uh trendy
hall is um our application is for a small event space our application says up to 100 people um
their typical event is probably going to be around 50 and i think that upon further evaluation
of the fire code, we're probably going to get an occupancy of no more than 75 people.
But the application was for 100 just because that was the maximum we could possibly conceive
would be in that place. So the typical event would be like a kid's birthday party, a baby shower,
maybe a wedding shower, and other sort of like family-oriented events. I know that they've done
like you know pictures with Santa type things in some of their other locations um the the hours are
rather limited it's going to be a Friday Saturday Sunday primary operation the latest any event would
go is 11 o'clock on Friday or Saturday with an additional cleanup hour Sunday any event would
have to end by eight um and and their experience has been that the type of people and events they
cater to tend to be during the day and be done much earlier than those hours. I wanted to also
note that the garbage will be stored in a dumpster along Cambria Street, which is here. It'll be
permitted and licensed with commercial trash pickup. There are no houses on Cambria. This is
a rec center, and this is one of the sides of the building, so you're not going to have a dumpster
facing anyone's home, which I think is really great location to take care of any trash issues.
which I think is really great location to take care of any trash issues. And also Michelle and
Jadelyn are going to be on site for all events. And they are experienced operators. They had
previously operated an event space smaller on Richmond Street in the same community
with great success. So they were looking for a bigger space and actually moved to this location
and operated in 2016. Unfortunately, there were some issues with code violations on the building
and that business had to be shut down as well as all of the issues, other businesses in that
building. All of those are up to date and repaired and there are no open violations on the building
at this time. And like I said, so after that they applied for variance and it was granted for the
same thing in 2019. So here we go. This is the, and they have a use permit. Um, and so now that
was a three-year temporary and they are looking to have a five-year temporary, um, for their new
lease period of five years. Um, I just did want to talk about zoning for a second. Like I said,
the community is in support of this. Um, overwhelmingly it's a, it's a business for
the community. It's not, uh, for sort of people to have things that they can't fit in their row
house. So this building, like I said, is zoned I-2, which is a medium industrial use. You can
see it. This is this building right here. An I-2 zoning district allows for manufacturing and
production of large equipment and also auto repair. It includes uses by rate of general
industrial uses, which by code can, because of the scale or method of operation, regularly produce
odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond
the property lines of the subject property. I just wanted to put on record that this is a
substantially less impactful use on the community than what would be allowed by Wright in an I2.
We will not have any noise, odors or vibrations extending beyond the walls of the property
and the history of use of this property
by the neighbors can attest to that.
I just want to also point out
because this property is zoned I-2.
It's not really suitable
for high-intensity industrial anymore
and it's because of how industry has progressed
from the time that this was an ammunition factory.
And you see along the Somerset-Lehigh corridor
how you have ITU as an intensive industry, and they're surrounded by ICMX, which is this lighter
purple color. If this building was zoned ICMX, which I would say is a more appropriate zoning,
this would be allowed by Wright. The ICMX zoning district is something that's intended to serve
uh a mix of low and in and uh a mix of low impact industrial and commercial spaces
um that are catered towards the neighborhood right and serve as a transitional area between
Jaden, would you please unmute yourself or wait for the chair?
Hi, could you state your name, please, and spell for the court reporter?
Michelle Sharp.
It's M-I-C-H-E-L-L-E.
Right.
Last name Sharp, S-H-A-R-P.
Right.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Michelle, you heard my testimony here today?
And you believe it to be truthful and accurate?
And you would adopt it as your own?
Thank you.
Thank you.
Anyone else in the virtual audience with comments?
Chair, I see no other hands at this side.
Planning Commission.
This is Ron Bednar, City Planning.
The property is split zone for industrial and residential, and the city plan recommended
another time-restricted temporary variance be permitted. Okay, thank you. So MI 2022-003-810-2884
Chatham Street, I vote yes, proviso. Temporary variance to expire 331-27 and assembly and
entertain entertainment use limited to space 1b carol scenario my vote is just with proviso
thank you counsel thank you so much have a good one all right you too number three mi2022
001 928 6830 ogans avenue sean ward is the attorney letter of support for the
10th Ward Democratic Committee. Good evening, Mr. Chairman. Sean Ward, S-H-A-W-N-W-A-R-D,
Esquire, Attorney for the Applicant, 331 East Street Road, Trevos, P.A. Do you swear or affirm
to tell the truth, the whole truth, nothing but the truth? I do. Could you identify your client
and the relationship to the property? My client is A. Bryce Broad. He is the principal or managing
member of East Hilton Properties LLC, which is the owner of the subject property. All right. And
our vice chair, Carrollton Airy, has a few questions. Yes. Hi, Mr. Ward. Do you agree
to waive the reading of the refusal and stipulate to its accuracy? Yes, I do. Okay. Have you emailed
proof of ownership, tax compliance, a copy of the refusal referral, photos under plans of the
property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, to all of the above. Okay, great. You may proceed and begin with what you've done,
sharing your screen. Thank you. Mr. Chairman, I've submitted my typical exhibit packet,
which includes A1 as the notice of refusal. This is an application to confirm the use as retail
sale of consumer goods in space two, an eat-in restaurant in space one, and an existing hair
weaving salon in space three, in an existing structure with previously approved four dwelling
units above. The application was refused as retail sales is prohibited in the district,
as is eat-in restaurant is prohibited in the district. Accordingly, we seek use variances
today. A2 is the ZBA application of appeal. A3 is the project information form. A4 is proof of
ownership. A5 is proof of tax clearance. A6 is a site location map. A7 is a site plan. A8 are
photographs of the posting, the subject property, aerial views, and street views. A9 is the RCO
letter of support from the 10th Ward RCO. A10, if submitted, I know Dylan Mahoney was on a previous
Copy of the deed. We have our tax clearance. Here is the site location map, as you'll see. This is located near the Five Point intersection of Ogons Avenue, North 90th Street, Haynes and Wincote Avenue.
So with regard to the floor plan, there is basically the three storefronts along the front of the property, unit one being the restaurant, unit two being the retail clothing store, and three being the retail hair salon.
This is a copy of the, a picture of the front of the building with the toning poster in the front door on unit two.
Here is a copy of the actual poster in that door.
Here is a Google street view of the subject premises.
As you can see, it's a well-established three-unit storefront with residential dwellings above.
This is a Google angle view of the subject property at the corner.
Oguns Avenue facing northbound, Oguns Avenue facing southbound.
This is the RCO meeting notice.
It had a copy of the refusal attached.
It was sent to the following addresses.
Our certificate of mailing went out to 74 separate properties on July 27th, notifying
them of that meeting.
We have all of the zoning permits.
Not to belabor that, I'll go right to the final two, which are the most important.
As you can see, in 2012, the very same uses were granted by a variance from the Zoning
board in 2009. And again, in 2014, before the zoning board, those same uses were granted.
Here is the zoning map. It is zoned RSA 5, another aerial view. And in summary,
the applicant owner is East Hilton Properties. They purchased the property in 2021.
It is zoned RSA 5. At the time they purchased it, it was an existing three commercial spaces
in the four apartments with the identified uses. The reason for the application, the previous
owner's rental license lapsed and expired. This is much, much similar to Alan Notkinson's last
application that he presented. The new owner applied for rental licenses. It was denied
as the uses were deemed abandoned or discontinued due to the fact that the
rental license expired. So we needed a new zoning permit required to obtain those licenses.
I submit there's been no change in the uses. It was never discontinued nor abandoned.
The uses date back to 1960, and most recently in 2012 and 2014, the Zoning Board granted variances for the very same uses we're here for today.
Accordingly, we ask that the Board confirm the variances previously approved for these existing uses.
Mr. Weisbrot is unavailable today, but as an officer of the court, I would verify or certify that he has reviewed the exhibit packet.
My representations to the board, he would verify that they were true and correct and he would adopt them as his own testimony.
Questions from the board?
No, Mr. Chair.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no hands, Chair.
High planning commission.
Excuse me, Chair.
dylan mahoney oh sure sure i'm mr mahoney just state your name you've already been sworn
good afternoon dylan mahoney all right proceed good afternoon mr chairman members of the board
um dylan mahoney from the office of council member anthony phillips um you know we have
received the letter um from the 10th ward rco um documenting the um the community meeting
regarding this project and the council member has no opposition to the branding of the variance.
Thank you. Thank you very much. Planning Commission. This is Ron Bednar, City Planning.
While this property is currently indicated for residential on a city plan given the site's
physical condition and its documented use history, we recommend the request for variance be granted.
Thank you. MI 2022, 001-928-6830, Oguns Avenue, I vote yes.
Carol Tineri, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you. Thank you, Councilman.
Thank you, Mr. Chairman.
Have a good evening.
Excuse me, Mr. Chair.
Sorry, this is Hillary.
I just have to interject and clear up one thing.
This was an error in my part.
number six that we continued um mi-2022-003829 right that's 629 north 40th street not south
40th street okay that was that was an error in my notes thank you all right thank you very much
okay so number four mi-2022-003-809-2039
MI 2022-003-809-2039 South Fish Street, letter of non-opposition from 7th Street Community Civic Association, letter of non-opposition from Council Member Squilla, Tracy Soller is the attorney.
good evening tracy soller t-r-a-c-y s as in sam a-u-l-e-r at 1019 south 8th street right
do you swear or affirm to tell the truth the whole truth nothing but the truth
i do could you identify your client in relationship to this property
Yes, I'm here with Tung Phan and Tam Phan, the owners of the building located at 2039 South 5th Street.
Thank you. So our vice chair just has a few questions.
Hi, do you 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, 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 with one exception. I'm still
waiting on one certificate of tax compliance for one of the owners. There was an issue that was
cleared up but the system hasn't updated yet to get us that verification. That can be submitted
to the board within I would say by Friday of this week within two days. Ms. Soller this is Hillary.
If that involves individual taxes, we don't need to see that.
The board only needs to see that the taxes on the property, the real estate taxes, are in compliance.
And I believe that information was submitted in your packet.
Okay, thank you.
You may proceed and begin by sharing your screen.
Thank you.
Thank you.
we're here today seeking the use variance for the property located at 2039 which is
on south 5th street but it's on the corner of snyder and 5th street in south philadelphia
there is currently a use permit for this property to be used as a sit-down restaurant
And I will go through and show that really quickly.
This was back in 2011.
There was a permit for the serving of hot and cold food as part of a takeout restaurant.
The property, I believe, was used as a sit-down restaurant for some time.
I couldn't say exactly how long, but the previous tenant at the property used the restaurant as takeout and sit down from at least 2018.
And then I believe the owner used it as a takeout and sit down as well prior to that.
They're seeking sit down with less than 30 seats for early day, early morning and closing early in the evening restaurant.
It's my understanding the restaurant before was Soul Food.
Like I said, they had tables and chairs in there.
My client purchased this property recently as a restaurant and did not contribute to the hardship in any way.
I am going to show you the proof of ownership, which is in the packet at the end, which is the deed for the property.
Which is here and has both of my clients' names on there.
If you're familiar with the area on the corner of Snyder and Fifth, it's an area with a lot of commercial uses.
There are bars and restaurants in the area. There are churches, senior housing across the street.
So allowing this to be a sit-down restaurant would fit in with the neighborhood and wouldn't change the nature of the neighborhood at all.
we did send out notices to the community we sent out notices to 159 of the neighbors
and we did meet with the local rco one neighbor showed up which was the uh the direct neighbor
and she was also very excited. She said her co-workers went to the restaurant that was
there before and they've been looking forward to something opening up there so that the workers
have somewhere to eat during lunch. We provided notice we did receive this letter here from the
local RCO. And I want to show really quickly photos of the, we have the refusal and I want
to show a couple of photos of the property really quickly so that you can see that the
notice was posted. We have receipts and a certificate of mailing, the letter that went
out to the neighborhood. The refusal. We do have a site plan of the property attached as well.
Here's the posting. It was posted on two sides because it's a corner property. So it was posted
on the Snyder Avenue, which is the busy street. And it was also posted on the corner of the
5th street. And I just want to show you one more photo of the building as it was when it was
purchased, how it's been set up and used. It's just a small, like I said, less than 30 seats
in the restaurant. Why don't you have your testimony adopted by one of your clients?
Thank you. If one of the owners could raise their hand.
Excuse me. Owner, you're free to speak.
Hi, my name is Tom. Can you spell spell your name for the court reporter, please?
Yes, sir. Tong is T as in Tom, U-N-G. Last name is Phan, P as in Paul, H-A-N.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Okay. Proceed, counsel.
Thank you. Did you hear the testimony that I gave today?
Yes, I did.
And do you agree that it was true and correct to the best of your knowledge?
And do you adopt it as your own testimony?
Thank you.
Questions from the board?
No, Mr. Chairman.
Questions or comments from the virtual audience?
Chair, we have Tam.
Could you state your name and spell for the court reporter, please?
Tam, please unmute yourself.
You're free to speak.
Could you state your name and spell for the court reporter, please?
Yes, my name is Tam T-A-M.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Proceed.
Tam, did you hear the testimony that I provided today?
And do you also believe that it's true and correct to the best of your knowledge and adopt it as your own?
Thank you.
Anyone else in the virtual audience?
I see no hands, Chair.
Aye, Planning Commission.
Ron Bednar, City Planning.
The property is indicated for neighborhood commercial mixed use on the city plan.
Given the site's documented use history, we recommend the request for variance be granted.
MI 2022-003-809-2039 South 5th Street.
I vote yes.
Cheryl Tenere, my vote is yes.
Ishmael Shaheed, my vote is yes.
Five days in advance of this hearing. And have you met with the RCO? And do you have a letter?
Yes, to all of those.
You may proceed and begin to share with your screen.
Good afternoon. So this is, we believe that this home that we're here for, 1520 North Lawrence Street,
was built sometime in the late 1800s, and it was a single-family home originally,
and it was converted into a duplex sometime around the mid-1900s, maybe 1950s, 1960s.
Our client, Mr. Cohen, purchased the property 20 years ago when it had already been a duplex
for many decades. Mr. Cohen has applied for a zoning permit because he wants to legalize this
duplex he wasn't responding to a code violation or any or any complaints that were happening
because there have really been no complaints against this property or the tenants who live
there at the original rco meeting uh that was done there were no near neighbors who um appeared
to it was a virtual meeting and um there were however other neighbors from farther away who
were there for a different property that was being considered. And they voted on this property and
they voted to oppose it. The RCO leadership, though, felt that it wasn't a proper vote because
there was no one from the near neighborhood there. So they actually waited. And then at the
next month, it happened that there was a property just a few doors down from this location that was
featured at the RCO meeting. And many neighbors from that street, from Lawrence Street and the
surrounding area came to that meeting. And they voted to support that other project, which was
for a triplex and for an addition onto an existing structure. And at the end of that conversation,
the RCO leader said to them, well, we have this case that happened last month and nobody really
from the neighborhood was there. Here's the deal. She, she gave them the whole, um, background and
they voted and they voted to support it. So, uh, we have the RCO letter of support, uh,
and that is here, um, in, in which, um, the letter basically, uh, talks about, uh, the September
meeting and the residents who weren't really from close by. And then in the October meeting,
this was a meeting around 1533 North Lawrence. So as a result, the RCO has voted to support
this. There was no one in opposition at that second meeting. We also have a preliminary review
from the Planning Commission that describes the appeal,
describes the unnecessary hardship.
So in this case, the unnecessary hardship is that the property
being configured for a duplex for so many years,
for Mr. Cohen to have to convert it back into a conforming
single-family project structure would actually be a significantly
financial burden. And the courts have ruled many times that if the only way to meet the
requirements of the zoning code would be to either demolish or have extensive renovation with
extensive costs, that actually is one of the definitions of unnecessary hardship.
And that's what the Planning Commission also discusses in their review.
In Exhibit 4 is our plans. So let's take a look at those.
So we have, remember, this is existing conditions. This is the first floor plan. We have one apartment on the first floor. It's a one-bedroom apartment.
On the second floor, the second apartment is a split between the second and the third floor.
So on the second floor, you have the living room, a kitchen, and the bathroom.
And then it goes up into a smaller section of the third floor, which is where the other one bedroom is.
And then we have a number of photos.
So this is the second floor bathroom,
the second floor kitchen,
Another view of the second floor kitchen, and that's where the washer dryer is on the
second floor apartment.
This is the living room area for the second floor.
This is another view of that living room area.
Here you have the stairs that go up to that third floor where the bedroom is.
We have the first floor kitchen.
And here's that third floor bedroom.
Another view of the third floor bedroom with their, the door here is the stairs going downstairs.
Another view of the third floor bedroom.
And here's the first floor bedroom.
First floor living room.
With a lot of guitars.
here's the zoning posters um we posted the the zoning notice and the refusal
right on the front door of 1520
we have a tax clearance
this is the deed
Our application for appeal discusses the hardship and quotes from three cases that stand for that proposition that when the premises cannot be converted into a permitted use without demolition and extensive rent reconstruction, that unnecessary hardship exists.
Here's the project information form.
and the zoning notice, RCO notice that was mailed. We have our proof of mailing to 140
addresses, and these are all the addresses that it was mailed to.
At this point, I'd like to call Joshua Cohen to raise his hand so that he can be sworn in.
Mr. Cohen, please unmute yourself. You're free to speak.
Hi, Mr. Cohen, could you state your name, spell for the court reporter, please?
Ottawa Cohen, J-O-S-H-U-A-C-O-H-E-N.
All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed, counsel.
Hi, Josh. You've heard my testimony this afternoon.
Do you agree with it?
And do you adopt it as your own?
Yes, yes, and yes.
I have no further questions.
Questions from the board.
No, Mr. Chair.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no handshare.
Planning commission.
I'll run Bednar City Planning.
Property is indicated for residential and a city plan.
Given the documented use history of the site and its existing physical condition,