Thank you.
Thank you.
but you sure why is it saying that the water department website doesn't need
fulfilling acceptable use policy today for the first time
yeah that's a crucial map i need to throw water
kisha are we on
good good morning everyone my name is bill bergman i will be chairing this morning zba hearing
With me is our board member, Cheryl L. Gaston.
Present, Mr. Chairman.
Board member, Tanetta Graham.
Present, Mr. Chairman.
Our board member, Michael Johns.
Present, Mr. Chairman.
Our board member, Ty Wynn.
Present, Mr. Chairman.
And our board member, Ryan McAdams.
Present, Mr. Chairman.
Also present is the board attorney, Hillary Emerson, and our board administrator, Lakeisha Dandy.
A recording of the hearing will be posted on the ZBA website.
By participating, you consent to be recorded.
This is an in -person meeting with remote capabilities.
Whether remote or in person, if you're called to speak, state and spell your name, then wait to be sworn in.
Once you've been sworn in, please state your name each time before beginning your testimony.
Any person may enter an appearance.
There are three ways.
You can identify the case property address on your Zoom.
You can see the staff member, or you can call ZBA appearance line at the close of the business.
call 267 -270 -5548. Leave a message that includes your email address and the address of the property
of the appeal. The following guidance is for our remote attendees. First, when directed,
you must raise your virtual hand in order to be recognized to speak. Second, if you're called to
testify, you'll be prompted to join as a panelist. Please accept the request and turn on your camera.
Third, the webinar Q &A is for questions about the hearing.
Do not comment on cases in the Q &A.
Fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.
For in -person attendees, please refrain from talking, eating, or drinking during.
Verbal and physical aggression will not be tolerated.
Restrooms are across from the elevators.
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When speaking on the record, you must speak directly into the microphone in order to be heard.
by all attendees in the court reporter in the event of an emergency please follow the directions
given over the public address system or the staff the main exit is through the double doors at the
rear near stairwells to the left outside the doors case of an evacuation the rally point
is love pork love park directly across harshly please remain so we can account for you
let's look at our our schedule for today
Number three, MI -2025 -00484, 4240 Edgemont.
Holly Jo Harvey is the owner applicant.
We want to check to make sure all documents are in.
Holly Jo Harvey.
Yes, good morning, Mr. Chair.
This is Jason Handel, who will be your co -host for this session.
i do not see that person in the virtual audience this morning and no hands have been raised for
oh oh there you go there you go why don't you come up okay sorry about that i'm sorry she was
sitting right in the front row here oh well no he can come and sit next year sure we'll put a chair
there i just have a few questions before we start you're not going to present yet right
Could you state your name and spell for the sonographer?
Holly Joe Harvey, H -O -L -L -Y, space, J -O, space, H -A -R -V -E -Y.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
We understand there's a few documents missing.
Am I correct on this?
You put this on, excuse me.
One second.
um proof of posting yeah that was the that was the uh biggest uh concern that we had we did not
Proof of posting.
Yeah, that was the, that was the.
have any photos showing that the property was posted um is that the deed no we we received
we did we received the deed but proof of posting there was a poster that was emailed to you that
you had to post at the property so that the public would be aware of the hearing
um i think the the this hearing you're talking about yes and i'm no no recollection of that
all right okay so so what we're gonna have to do is we're gonna have to continue the case
okay all right no no no no no and what what i want you to do is for the next date the staff will
tell you exactly what you need and things like that right so we'll we'll we'll start very early
with you in it to get you set and ready to go all right because we if we don't have a posting we
can't have a hearing so someone emailed me i don't in a list and i saw something deed and then there
was nothing to post i can pull up the email i don't remember you would have gotten an email
about 30 days before your hearing with a hearing notice and a hearing poster attached and there
would have been instructions for to print the poster and post it at your property so unfortunately
it's a code requirement and we cannot hear a case unless it has been posted okay all right so
no so state your name turn your mic on please
uh joseph harvey j -o -s -e -p -h -h -a -r -d -e -y do you swear or affirm to tell the truth the whole truth
nothing but the truth yes or do you know anything about the post i don't know anything about the
posting um but the when we had the bridesburg uh meeting for the civic association um i don't know
are they were they supposed to send it to us no it comes from the poster comes from the zoning board
okay yeah all right so the case is going to be continued we'll make sure that we get with you
beforehand and the date that we have is is uh 2 -4 -26 it's into february um but call in advance
okay and we'll make sure that you're ready to go you already had your bridesburg meeting
yeah and just one more question is there anything else that we are short on so we didn't have any
um interior photos or have them here okay all right so all of that needs to be submitted in
advanced interior photos proof of tax compliance oh i i tried to do that multiple times and it
kept saying i had the wrong information and every part of the information was correct so i even took
a picture of it so you guys can say i could not do it okay if you can continue to have tech issues
i would call call the office or email rcozba at phila .gov and for assistance because it so that
Because otherwise, sometimes we do have issues and we have to have people email stuff to us, but we really need to have it in advance to make sure your packet is complete and that we have everything we need in order for the hearing to proceed.
All right.
Sorry about that.
Thank you.
Thank you.
Appreciate it.
Have a great day.
Number four, MI 2025, 000486, 3522 to 24 North A Street.
That case has continued to 2426.
Number five, oh, I'm sorry.
Number five is a withdrawal.
MI 2025 -000 -585 -1509 South Bouvier Street.
That case has been withdrawn.
number 10 mi2025 000629 3465 north third street that case is continued to 2426
number 13 mi 2025 000 685 11920 waldemere drive that case is continued to 2426
And number 14, MI -2025, 000686, 418 North Southford Street.
That case is continued until 2426.
Are there any other requests for continuances?
Yes, Chair, I have a hand up from David Garcia.
I will allow them to speak.
Mr. Chair and board members, good morning.
I'm Mr. Chairman, board members, good.
Good morning, counsel.
Could you please state your name and spell for the stenographer?
Very well.
It's David Garcia, D -A -I -D number 54351 Garcia, G -A -R -C -I -A.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
All right.
And Mr. Garcia, if I read, let's see here.
You have one case at 6441 North 20th?
Well, that's, in all candor, Mr. Chairperson, I just was retained on that, and that was going to be my request for continuance as to do with a meeting with the RCO.
Apparently, the initial meeting was scheduled.
Only one person showed up, so the RCO wanted to reschedule it.
All right.
Thank you.
So MI -2025 -000622 -6441 North 20th Street, that case is continued to 2426.
Thank you.
Thank you, Mr. Churchman.
Are there any other requests for continuances?
No further answer, Mr. Chair.
Okay, so I have a few cases here with no exhibits.
Number one, MI2025, 000479, 5239 Rising Sun Avenue.
Julia Rene is the listed applicant.
No exhibits, first listing.
I got a hand up from Charles Richardson, Mr. Chair.
I'll have him to speak.
Good morning, Mr. Chair.
um you like to get in early mr richardson i know that please state your name and spell for the
stenographer charles richardson r -i -c -h -a -r -d -s -o -n office of councilwoman cindy bass room 508 city
hall do you swear or firm to tell the truth the whole truth nothing but the truth i do i see um
are you interested to have an interest in his case 5236 rising sun yes sir uh this morning uh very
early. We received an email, and I think that he meant to send it to everyone, but I don't know
whether it reached everyone. Julian Rene, the applicant, he stated, I apologize for the last
minute notice, but I am unable to proceed with the meeting schedule for this morning at 9 a .m.
Thank you, Julian Rene. It did go to RCO notifications and myself and the ZBA as well.
Okay, so this is the first listing. So MI 2025, 000479 -5236 Rising Sun Avenue. Cases continue to 2426. Thank you, Mr. Richardson.
Mr. Richardson, can you forward that to the board council?
Because we did have a question for the applicant as to whether they might need an attorney or not.
We weren't clear whether they were a tenant or they were representing the owning entity of the property.
Thanks.
Thank you.
Number six, MI 2025, 000 -592 -2296 Bryn Mawr.
this is the first listing
we do not have any exhibits
Rodney Wright
and Monique Gray Wright
are the listed applicants
I do not see any hands raised
for the matter
so MI2025
000592
2296 Bryn Mawr Avenue
cases continued
must be heard 2426
number 7
MI -2025 -000 -594 -7311 -17, Oxford Ave.
Alice Walker is the listed applicant.
The listed owners are Ling Chen and Lin Jin Fang.
No exhibits, first listing.
Chair, Alice Walker has the hand raised.
I have allowed them to speak.
hi good morning good morning could you please state your name and spell for the stenographer
alicia walker a -l -i -c -i -a -w -l -k -e -r do you swear or affirm to tell the truth the whole truth and
nothing but the truth yes uh miss walker we have no exhibits for your case no exhibits
no no no you haven't sent your paperwork in
oh i didn't know i was supposed to send in paperwork
okay all right so here here's what we're going to do we're going to wind up continuing your case
All right. So here's what we're going to do. We're going to wind up continuing your case.
What I want you to do is to call the office and they will tell you prior to your next hearing exactly what you need.
OK. Thank you so much.
No, thank you, ma 'am. So M .I. 20, 25, 0, 0, 0, 5, 9, 4, 73, 11 to 17 Oxford Avenue.
Cases continue to 2, 4, 26.
OK. Thank you, ma 'am.
Okay. So we're going to go to our add -on list. MI 2024 -001 -938 -2901 Bridge Street. I vote yes.
Excuse me, Mr. Chair. We have an interpreter for this case.
Okay. You're right.
Okay. Sure.
lakisha are we going to tell this person they may have to hang around for the next case
okay okay okay thank you thank you
interpreter yes good uh good morning your honor good morning good morning could you please state
your name and spell for the stenographer yes your honor my name is leonel spelled as an l e o n as
in Nancy, E -L. Last name Gillen, spelled as in G -U -I -L -L -E -N, as in Nancy. Do you solemnly swear
or affirm that you will interpret accurately, completely, and impartially from English to
Spanish and from Spanish to English to the best of your ability? I swear. Thank you, sir. So
what at this, your case is going to be a vote we're having, so we don't have to call
Hillary we don't have to call the only right okay all right so sir it's MI 2024
001 938 and address is 2091 Bridge Street
could you state that for me first yes your honor it's uh you said case MI 2024 001 938
address is 2091
Bridge Street.
Could you interpret that
in case the person is on the line?
Muy bien, entonces
en cuanto al caso
número MI2024001938
de la dirección
2091 de la calle Bridge.
Thank you very much.
And my vote is yes.
Mi voto es sí.
Michael Johns,
my vote is yes.
for johnson my vote is yes
cheryl gaston my vote is yes
tenetta graham my vote is yes
ryan mcadams my vote is yes
ryan mcadams my vote is yes
tayo win my vote is yes
thank you very much sir we appreciate your help
Thank you.
Thank you.
See you next time, Your Honor.
Have a beautiful day.
Thank you very much, sir.
All right.
So we're going to go to start with number two, MI 2025 -000 -480 -1513 West Butler Street.
We also have an interpreter for this.
Your board has been promoted to panelists.
They'll be coming back in shortly.
Sure. Thank you.
Interpreter, if you're still in a virtual audience,
please raise your virtual hand away to respond again.
Yes, I have my hand raised.
OK, thank you.
Could you turn on your video, please?
I do have it on.
I'm not sure why you cannot see me.
OK, I had to promote them to panelists.
They'll be coming back in shortly.
Mr. Chair. Sure. Thank you. We're going to bring it back in.
Excuse me.
Okay. Are you able to still hear me?
I hear you, but I think
he's going to bring you back as a panelist.
Here we go. There you are. We see you now.
Could you please state your name
and spell it for the stenographer?
My name is Claudia
Pineda.
The spelling is C -L -A -U -D -I -A
E -I -N -E -D -A.
Do you silently swear or affirm that you will interpret accurately, completely, and impartially from English to Spanish and from Spanish to English to the best of your ability?
Okay, so I'm going to give you the numbers to call the case.
I'm going to give you the numbers to call the case, MI -2025 -000 -480, and the address is 1513 Butler Street.
MI 2025.
Estamos llamando el caso número MI -2025 -000 -480. La dirección es 1513 Butler Street.
And the listed applicant is Julia René.
No, I'm sorry.
Listed applicant is Gilberto Álvarez Corona, current owner.
Could you please call him to come on?
Yes, my name is Gilberto Alvarez Corona.
Okay, so what I'm going to do is I'm going to swear him in, but he has to spell his name
for the court stenographer.
but you have to write your name for the court, the stenographer of the court.
Yes, my name is Gilberto Álvarez.
G, I de puntito, L de león, B de burro, de bueno, E de león, D, R de rosa, T de tito, O de oso, A de Antonio, L de
Yes, my name is G as in George, I, L, B as in boy, E, R, T as in Tom, O, A, L, V as in Victor, A, R, E, Z as in zebra.
I'm going to give you the oath.
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
Le voy a tomar juramento.
¿Usted jura o afirma decir la verdad,
solo la verdad y nada más que la verdad?
And so this application is for a change of use
to two -family household living
in an existing structure.
Esta solicitud es para el cambio de uso de una vivienda asistida de dos familias a el,
y permíteme un segundo a la intérprete.
Your Honor, this is the interpreter speaking.
Would you repeat the last part of your statement?
Sure, I most certainly will.
This application is for change of use to two -family household living in an existing structure.
Y esta solicitud es para el cambio de uso a dos familias en una vivienda, que es solamente una estructura.
And further, the proposed use to family household living is prohibited in the RSA 5 zoning district.
If you want, go halfway through it, I'll come back for you.
so the proposed use
to family household living
el uso que se está proponiendo
es la vivienda
o que viven hay dos familias
is prohibited
in the RSA 5 zoning district
y ese uso está prohibido
dentro del distrito
de zonas de RSA 5
one more thing before he starts
There's a letter of unanimous opposition from the 13th Ward Democratic RCO.
Though there's unanimous opposition from the 13th Ward Democratic RCO.
Could you please ask him to start his presentation and share his computer?
Okay, we have that.
We have that. Please move on.
Please move on.
Ya lo tenemos. Por favor, continúe.
We have all those documents.
We have it.
Tenemos todos esos documentos.
Lo tenemos.
Now, Holden, we need right there. Stop there, if you would.
Ahí. Deténgase.
If you make that a little larger, we want to see the drawings.
Lo puede hacer un poquito más grande. Queremos ver los dibujos.
So the question is, there's nothing in the basement, ask them that.
La pregunta es, no hay nada en el sótano.
Oh, show us the first floor.
Muéstonos el primer piso.
Is that the first floor?
Is that el primer piso?
Is there a full bathroom in the first floor
or is that a half bath?
¿En el primer piso hay un baño completo
o es un medio baño?
Baño completo.
Baño completo.
Full bathroom.
Let us see the other drawing, please.
Muéstrenos el otro dibujo, por favor.
The piso.
Okay, so on the first floor
we do not see a full bathroom in the plans do you have photos please
completo. Yeah, there's not a full bathroom downstairs, but I want to build a full bathroom.
What is existing right now? What do you have there on the first floor?
¿Qué es lo que hay ahora, actualmente en ese primer piso?
La casa esta residencial es solamente una casa que hasta ahora.
it's a residential home
it's just one home so far
do you show us photos
nos puede mostrar fotos
keep going
continue
oh boy
is that the entrance to the where's the entrance to the second floor
your honor this is at jeffrey speaking i couldn't hear what he said
We're trying to see where the entrance is to the second floor.
Is that the entrance to the whole property there?
That's the entrance, and the stairs are the stairs that go to the second floor.
la propiedad está una sola residencia residencial no está dividida the property is just one
it's like a residential home just one home
would you ask them what happened when he went to the rco meeting
¿Qué pasó cuando fue a la reunión del RCO?
Yo expliqué cómo iba a hacer todo.
Well, I explained how I was going to build everything.
Questions for the board.
Preguntas de la mesa.
Yeah, could you walk us through your plans for each floor of the new construction?
Si, nos puede explicar paso por paso los planos que tiene para cada piso para la construcción?
so why don't you show the first floor and let him say everything that's on the first floor
Muestre el primer piso y díganos todo lo que está en el primer piso.
muestra el primer piso y díganos todo
Let him know that the plan doesn't make sense.
There's not a full bathroom.
There's no air.
Que el plano no tiene sentido.
No hay un baño completo ahí.
Sí, porque todavía no está.
Eso es lo que estoy proponiendo.
Yeah, it's still not there.
That's what I'm proposing.
No, we know, but what is being proposed does not make sense.
There's no full bathrooms.
There's no way for a person to shower or bathe themselves.
And there's a notation that says bedroom number two,
but there's no bedroom number one.
So we want a full idea of what is the plan for the two apartments?
How many bedrooms?
How does he think it's going to be laid out?
We do not have a bathroom, or there are no way to get a bathroom, so that a person can
have a bathroom that says in the bathroom.
There is a note that says fourth number one, but no fourth number one.
So, we want to know how many rooms will put there, how it will be put there.
etc. Yes, that's what I want to build. One room, a kitchen, which is already existing
there is already there a bathroom a um like the the the the room there and on the first floor
the living room on the first floor how many bedrooms does he plan to have in the first
apartment. What's the plan for the basement? There are no plans. I don't have any plans
for the basement. That's a storage. Okay. Is there any other duplexes on the block?
I'm sorry. Can you repeat the question, please? I'm asking if he knows of any other
two family or two units on the block.
¿Sabes si hay alguna otra vivienda de dos unidades en esa calle, en esa misma calle?
Al frente sí, hay, pero al lado no sé exactamente si hay.
Across the street, yes, but I don't know if there are any on the side, on either side.
Any other questions from the board?
Una otra pregunta.
Why do you want to add a second apartment to this building?
for personal use um because i want to be able to live like myself live on the second floor and my
mom and dad who live with me, I want them to be able to be on the first floor.
I have a question. Does he know why the RCO was opposed to him making this change?
Una pregunta, ¿usted sabe por qué los del RCO se opusieron a realizar este cambio?
yes uh they did not approve of the trash in the in the back in the back area
okay so what's your plan for trash
Well, that will be within the family because, you know, I'm going to be living upstairs.
Well, that will be within the.
My mom is going to be living downstairs.
So as a family, we'll know how to make arrangements for the trash.
Yeah, so typically that's now how it works when you subdivide a property.
Like, I understand that he is seeking to do this for family, but this is getting legally subdivided.
So there's no saying that it's his family living there in the future.
and that this is the process like typically you're gonna have to come up with a trash plan
as though you had tenants i think also in this instance for these plans there's no they have an
interpreter oh sorry you're right it's okay so i don't know how it works normally when
se subdivide una propiedad si entiendo que usted está buscando esto para el uso de su familia pero esto está solicitando que se haga o sea ya se haga una división de manera legal por ahora lo está lo habitará familia pero en el futuro no se sabe si será la familia la que lo habitará entonces ahí existe un proceso para lo de la basura porque dentro de sus planes no sé si en el futuro
vaya a haber
algún inquilino
o algo así
¿Preguntas o comentarios
de la audiencia virtual?
Tengo aquí
una hoja de información
el chairman ya lo voy a ingresar
en breve
good morning again Mr. Chair
just state your name Mr. Richardson
and you've already been sworn
Charles Richardson
R -I -C -H -A -R -D -S -O -N
Office of Council
in the Cindy Bass room 508
City Hall
thank you Mr. Chair
do I need to wait for the
No, no, no. Please proceed.
Okay. All right.
The RCO did send a letter with regard to the reasons why they were not going to support the request to convert this to a duplex.
They did voice concerns with regard to trash storage and debris removal.
about the density of the area already
and the fact that
trying to turn it into a
two family
from a one family didn't seem to make sense
the councilwoman is concerned about
some of those same things
the plan doesn't seem to make sense
he's given an opportunity
given the drawings
which pretty much show things as they exist
And that has how he plans to actually accomplish these things.
So the councilwoman is going to oppose granting the variance to change this into a duplex.
Thank you very much for taking the time to call.
Is there anyone else in the order?
We don't see any further answers, Mr. Chair.
All right.
the interpreter, the council person's, the councilwoman's person who testified said the
councilwoman is against the project. Could you tell him that?
Señor, el concejal o la persona que habló a nombre de la persona que es la concejal
Thank you, Chairman.
Can I say something?
Claro.
Yes, thank you.
But my best intention is to do it in a legal way and that's why I'm asking you to do the thing as it should be done.
Well, I'm doing it because there's a need.
My mom and dad, they live with me, and I just want to divide it up.
I want to have an apartment upstairs and another apartment downstairs for my mom and dad.
I'll be using the upstairs part.
So if the community is against it, I will just do whatever they say,
but i'm just trying to do everything the legal way and that's why i am approaching you
thank you planning commission thank you chairman and good morning david effecto
f -e -c -t -e -a -u with the city planning commission do you swear or affirm to tell the truth the
whole truth nothing but the truth yes sir i do please proceed uh chairman and board members
The comprehensive plan recommends no change to the RSA -5 residential single -family zoning at this location.
Do you want the interpreter?
The interpreter, you want to?
Oh, this is interpreting, yes.
Planning, and I'm sorry, this is interpreting.
Would you say that for me just one more time?
Sure, certainly.
Happy to help.
The comprehensive plan recommends no change to the RSA -5 residential single -family zoning at this location.
Señor habla la intérprete. Esto es lo que la persona está diciendo.
La comisión de plan de la ciudad recomienda que no haya ningún cambio a la resolución RSA -5,
The city rezoned this neighborhood in 2021 in accord with recommendations in the comprehensive plan.
This is a single -family block face.
There are no unique physical conditions or circumstances
of this property that were prevented from being used
in strict conformity with the zoning code.
No hay ninguna condición física o circunstancial
en esa propiedad que no permita
que haya un cumplimiento estricto
con el código de zonas.
The City Planning Commission recommends
that the board deny the proposed use variance
for two dwelling units.
La mesa recomienda,
la comisión planeadora recomienda
que la mesa deniegue esa solicitud
del plan recomendado
para que sea una unidad habitable
por dos familias.
So MI 2025 000 480 1513 West Butler,
I vote no.
Tendera Grant, my vote is no.
Ryan McAdams, my vote is no.
Ryan McAdams, my vote is no.
Tyowin, my vote is no.
Tyowin, my vote is no.
Thank you.
And Terper, thank you for an excellent job.
You really did.
I mean, we got to learn to slow down.
But thank you very much.
Thank you for using our services.
Have a good day.
Okay. Number eight, MI2025 -000621 -1541 Adams Avenue, David Garcia. Valerio is the attorney.
Okay, Chair, they will be coming back in shortly as a panelist.
mr chair good morning david garcia good morning um counsel you've already been sworn
um could you identify your client the relationship to this property
yes it's elba yedling carolta which she should be on uh mr chair and she is a tenant on this
property. It's a commercial space, open commercial space. Right. And all
of your exhibits have been sent in five days prior?
That is correct, Mr. Chair. Why don't you share your screen and start your
presentation, sir? Very well.
let's show me to start a little bit backwards so you're located at 1541 adam street this is an
open commercial space uh presently it's approved for vehicle sales and rental and the variance we
seeking is an extension of that used to add vehicle repair
and maintenance. And there's a detached structure that I will show
in a bit on one of the drawings in regard to
that. For purpose of the variance,
the vehicle maintenance and repair we're talking about is minor.
It's tires, brake work, oil changes. Whoa.
What happened here?
I'm sorry. Can you hear me?
I hear you.
My screen went blank for a bit.
There's not going to be an expansion of the space,
and there will be about 10 parking lots at that location.
On the application for appeal that I have in front,
and I'm scrolling down,
I'm scrolling down because here's the original application for the variants.
And, of course, here that I just scrolled up is the appeal.
and if anybody just wants me to stop
we have all that
why don't you start your
the plans, the photos, etc
oh very well, let me just move this
over here
and I'll just go directly to the drawing
just to give it
a perspective
let's reduce this a bit
this area that I'm scrolling
at the time, this is the proposed area
for the metal garage
As you can see, we have Adams Street Avenue.
The entrance would be here on Kensington, and there's Romaine Street.
There is a trailer that is, I believe, located at this location,
but it's actually a little more towards the middle,
but obviously it will be moved at a later time.
Here's a detail of that space.
Let me just move this over.
As you can see, it's just a steel structure that's going to be erected.
It'll have two cars, no more than two cars that will have the availability of you to go in and make whatever repairs they are that will be needed.
And, again, let me just go down.
Again.
Oh, there we go.
Here's a tax clearance certificate.
If I could just go to the photos real quick.
That would be $39.
The overhead view, and I'll just scroll over.
Here's a lot in the exact location of where the attached structure is going to be placed.
And as you can see, this is a little bit different than the rendering on the drawing with the office trailer.
The posting photos for the hearing are here, and here's some close -ups as I'm scrolling.
Now, in terms of the photographs, here is the location.
oh by the way this is precisely looking from it's in this area where that
with that detached structure is going to be located um is there any photo in particular
that you would like to see here's the trailer that is going to serve as the office here's
why don't you do this why don't you why don't you go back and show the garage that's going
up then you have a little drawing of the garage that's going to go up yes i did i'll go to the
drawing right away and were you at the rco meeting council yes sir i was mr chair
yes sir i was mr chair when you give us a report of that yeah it's the well they approved that it
why don't you give us a report of that yeah it's
is go there first i guess here we have the letter but i mean just give me tell us what happened
oh basically they had several i would say maybe a half dozen community members um the the questions
varied as they actually there wasn't that many questions to be quite frank with it there was a
some discussion as to whether
or not the structure could be moved to the other adjacent
masonry wall
I had already sent a letter out
or an email out to the RCO
indicating that that would just start the whole
process again and I had explained how
everything at least
there was a septic right away that had to be
executed by the client but
that that would just be onerous
with respect to the owner
and contemporaneously with
that letter that's when we received a little delayed but we received a copy of the letter
from the RCO where they gave their approval right you explain again what's going to be done in the
garage there that you're building basically in this what would be the extension of the use in
this area here whether it's the proposed location and I and here is the more detailed drawing
it's just going to be for purposes of bringing in vehicles for what I would consider light
maintenance, everything from brake work to oil changes
to tire changes, in addition to the vehicle sales and rentals
from that lot. That is it. There's not going to be any change within the location
itself. It's not going to be extended in any shape or form.
Okay. Why don't you bring your client on?
Yes. Ms. Peralta, are you on, please?
We will be joining as a panel shortly.
Thank you.
Hi, can you guys see me?
Yes, I can.
Could you please state your name as spelled for the stenographer?
her. My name is Elba Peralta, E -L -B -A -P -E -R -A -L -T -A. Do you swear or affirm to tell the
truth, the whole truth, and nothing but the truth? I swear. Counsel, proceed. Ms. Peralta, you just
heard my, you did hear my presentation to the board this morning? Yes. And do you agree with
everything that I've said to the board with respect to the variance that is being sought
at this location? Yes, I agree. And in the words that I, the explanation I provided to the board,
would you have explained it in the same way in terms of the variance that you're seeking to get
on this property? Sure. So the business is going to be like a tire shop. We're going to build the
garage to put uh feed two cars and do the maintenance like a tire change uh brake change
just simple maintenance uh the community will need just in case of an emergency
um so that's basically what we are going to be doing and Mr. Chair to the extent that there's
any questions there's not going to be any excavation or with or the digging of footers
with respect to the proposed
I'll call it metal
shed where the vehicles will go in for
repair. Okay, questions
from the board. You said there's
not going to be any foundations?
What is this, a prefab sort of
bring in?
Yes, sir. That's basically it.
It's obviously going to have to be
bolted in, but in terms of having
a site
excavator come in and dig footers
so there could be a pouring, it's not going to happen.
It'll be on the existing slab.
That is correct.
And is there going to be any painting?
No painting.
As I said before, the repair and maintenance that is going to be done at this location is minor.
Painting would require, as you well know, certainly a completely different, I would say, guidelines and prerequisites in order to allow for it.
That's not going to take place at this location.
Do you have a grading plan of the site?
I think my concern would be if this is slab -on -grade, most parking lots are on a slope to drain water.
And how is this metal structure going to sit flush to the ground in that location?
The framing and foundation plan shows, again, if you look at number seven, that's the manner and how they're going to bolt it.
Let me see if I can get the detail up here.
Yeah, but that's a plan. I'm looking for an elevation.
yeah but that's a plan i'm i'm looking for either and i'm looking for an elevation
I don't believe there's been any issues with respect to addressing the elevation.
I'll say this, that whatever water that is filtering out due to rainwater or otherwise, it hasn't changed.
There's not going to be that change to it.
I don't expect really any water to emanate from this location because it's really just going to be a cool shed with parking spots to do the repairs and maintenance.
Obviously, if there's an oil change, they do have to gather the oil and have to dispose about it.
I've never seen a garage that had no runoff.
So I guess my question is really how are we handling any runoff that comes from any work being done with the repairs?
Do none of these repairs need any type of water hookup?
because right now this is a simple shed
with no water
access or even
electricity. Where's the electricity?
I don't know
if the rendering
here indicates it
Alba, do you now
I didn't anticipate this question but Alba, do you
know with respect to the utility
services to that shed?
A few months ago I reached out
to PICO
is like a brand new
they will have to go and make all the
installments for the to build
a line because there's no line
attached to that lot
but they're going to have to dig up the asphalt
anyway
look they do for the line
more than probably yes but in terms
of digging up put footers in for
a garage space that's not going to take place
okay and then
are customers able
to access the bathroom because I see
there's only the one port -a -potty?
There's
going to be. I know there's one port -a -potty.
There may be another one. The only
other bathroom that's going to be
at least enclosed would be the one
in the trailer. They're going to have
to refit that if, in fact,
that's what they're going to do. But I don't
believe a bathroom consideration is taking
place. Am I correct with that, Ms. Peralta?
You're correct.
I have a question. Is there a separation
between the vehicles that are for sale
and the vehicles that are being worked on
and the customer parking.
Ms. Peralta, could you respond to that, please?
We are going to more focus right now on the garage.
If there's going to be any vehicles for sales,
it's going to be there's plenty of parking space
that we're going to have them,
if you can see right next to the garage.
Yeah, there's tens of parking spaces.
So I have a question.
So in your garage, is there any kind of lifts or anything that the cars would sit on to lift the cars to, like, do the oil changes or anything like that?
Well, sir, if we're talking about pneumatic lifts, they're not going to place pneumatic lifts.
I forget the name of the – it's like a portable lift.
you know Ms. Peralta can you explain that
I think that's what you're going to do
yeah just you know
the ones that you just put under the
car and you just left it it's not going
to be any other like
digging to
bring the cars up
Ms. Peralta do you already have a business
that conducts these activities
do you have experience
running tire shops
no I don't
um actually uh it's me and my dad that we build in um this business uh he's the one that um
is gonna be more like in charge of it um but i'm i'm not very aware of like i don't have
experience with tire shops and how many employees do you anticipate that you have on site so far
is going to be my dad and my uncle so and then how many customers are you projecting a day
uh well you know it's a new business so we have to build uh the customers so hopefully i wish
since day one will be full of customers but we're gonna plan into uh we are planning to open like
uh the earliest as possible like around 6 a .m uh till 7 p .m so hopefully we can get
from our expectation expectation from day one like at least 20 30 customers
and did you already talk with the rco about the business hours
question never came up never came up okay and then my last question
question never came up never came up okay and then my last question is about the tire rack
so it looks like everything on this site outside of that very the two -car garage is exposed where
are you storing like metal tools tires in the winter like what's your seasonal plan for the site
if i could just plan on on the on the rendering and the drawing you could see that there's a tool
shed box that is detailed uh they have the tire the dry tire changing and they have the workshop
stock against material light bulbs whatever it is that they're going to store up
okay questions other questions yeah okay so what are you doing there now you you i'm not seeing
any pictures of what you're doing there now so what are you doing at this location at this point
it says here that you the proposed uses uh right now we ran that a lot two years ago in this past
june was two years ago so for um it's been just sitting there we've been paying rent uh for this
past two years waiting for everything to get approved so right now it's not in use
the quick answer to that is that uh is that there hasn't been any
commercial activity at this location pending this variance that they're seeking
okay and uh you um okay so part of this you're gonna need to have some kind of hazardous waste
disposal? I mean, if you're going to be changing oil and other
fluids in the car, have you made arrangements for that?
And what are you planning to do about that?
Well, my understanding is that as soon as the variance is approved, they would obviously
have to make those arrangements for waste disposal, primarily
of oil, but also of tires, to the extent new tires put on
and the old ones are discarded. Okay. And then the other thing
about tires of course is you know there's the risk of fire and what have you so where if you
don't have any like hookup for like water or I mean you're going to need other kinds of fire
suppression types of equipment what are you doing about that I don't think there is going to be an
overall large accumulation of tires and in the form of it's not a retail shop it's more of a
repair shop um am i correct with that miss peralta yes and of course if there is a is there is a i'm
sorry if there is a fire code um issue that has to be met you know obviously it will be done and
corrected or not corrected but it will be done and implemented so where are the tires going to
be stored right well they have it if you see here on the rendering it is at this location
which is but again we're not talking about a retail shop selling tires just talking about
tire repair just to confirm what you just pointed to is not tire storage and what is shown is on the
there's tire racks which is usually where tires are stored and they're shown on the site plan
in the north what is that west quadrant of the plan correct but what i what i don't and i don't
want to speak but what i'm saying here there's not going to be any retail higher sales this is
strictly for repair whether it's patching or whatnot even though the sign says tire sales
on the drawing well the drawing says what the drawing says but in terms of what the
variance that is being sought for it's not for tire sales it's for repairs
okay all right thank you and questions from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
do not see any hands Mr. chair planning commission
thank you chairman and good morning David Vecta with the city planning commission
chairman and board members the comprehensive plan recommends no change to the RSA5 residential
single family zoning at this location the city rezoned this neighborhood in 2014
14 in accord with recommendations in the comprehensive plan there is plenty of space
along the perimeter of the lot and within the interior to accommodate the required landscaping
and screening there are new numerous examples of auto sales businesses in the suburbs with
there are new numerous examples of auto sales businesses in the suburbs with exterior landscaping
exterior landscape
that still allow customers to see vehicles being displayed in the lot the appellant also has
approval for personal vehicles sales and rentals they have not shown that the use is not viable
without the proposed vehicle repair and maintenance the city planning commission recommends that the
board deny all proposed use and landscaping variances okay um council i'm going to wait
till next uh wednesday to vote on this i'm going to sit with the board and executive session and
figure out where we stand with this okay very well all right thank you council thank you board members
number 11 mi 2025 000 630 39 67 87 ford road daniel loza is the attorney
we have all the documents
we're going back in as a panelist now mr chair thank you
now you hear me good morning counsel yes i can could you please state your name
and spell it for the stenographer daniel gustavo losa i'm the attorney for the applicant
okay um do you swear or affirm to tell the truth the whole truth nothing but the truth
yeah you don't know could you identify your client a relationship to this property
okay my client is here with me let me uh him on the screen okay could you identify
he's the thing of the property the name of the client is she had weather and he has a company
name tent halal food nlc great have you seen all your documents in within five days prior
yes i'm sorry chair this is the reporter i did not hear the response of the name of the
client or the company could you please repeat that okay thank you could you identify your client
again yes how you say your name yeti yeti with that without spell it please y -e -h -d -h -a -h
last name w -e -d -a -d all right sir while you're there i'm gonna do you swear or
firm to tell the truth, the whole truth, nothing but the truth.
Do you swear to say the truth?
Counsel, have you sent all your exhibits in within five days?
I think we sent most of the stuff last week, yes.
Please proceed to start your presentation.
Mr. We did apply for a zoning change
um why don't you share your screen do you have your computer loaded
let me i know the computer savvy i want to try to do my best how are you going to make
your presentation give me one second
you need a computer to make the presentation right i have it here just i know that go with
the computer. Give me one second. I'm trying to find out. I was looking that when people
were talking. I'm trying to find out the way to share this.
Well, you're going to have to put your documents up, right? On the computer, right?
Yeah, I have the documents on my computer. Okay, here, share.
um the share screen right
so so why not why why don't i do this i'm gonna i have one other case i'm gonna go to the other
case i'll come back to you when we come back okay give me a couple of yeah that's perfect
okay so in about 10 to 15 minutes i'm going to be back thank you thank you thank you
10 to 15 minutes are going to be back thank you thank you thank you all right number 12
mi2025 zero zero six seven three 60 11 to 13 market street tamika mccoy is the attorney
there's a letter of support from achievability rco 13 and support one in opposition
the applicant also has 62 signatures six from the block
Tameka McCoy is coming back
in as a panelist
Good morning, Tameka McCoy
Could you please state your name and spell for this
Sure, Tameka McCoy
T -A -M -I -K -A, last name
M -C -K -O -Y
Do you swear or affirm to tell the truth
the whole truth and nothing but the truth?
Could you identify your client,
the relationship to the property?
I represent Jerry Carr,
who owns Home Healthcare Plus,
who is the owner of the property
at 6011 -13 Market Street.
And all of your exhibits
have been in within prior five days.
Am I correct?
That's correct.
Share your screen
and start your presentation, please.
So I heard some of the discussion with the board with regard to the RCO, meaning that
I have an achievability RCO, the vote was 13, and support won in opposition.
That is correct.
Separately and apart, the RCO recommended that home health care do a survey of affected
communities.
A survey was done, and it looks as if there were 62 signatures of affected neighbors that
were also in support of the project. And these are the signatures of those affected neighbors
for this particular project. This location is at 6011 Market Street. This would be looking
directly across the street from the actual property. This is a frontal view of the property
itself. It's currently zoned CMX 2, and the required use on the first floor only is to allow
for use as an assembly facility, which requires special exception. Inside of the facility, there
are photographs here that depicts a kitchenette, small bathroom, and this is the open floor plan
of the interior of the building. It was acquired back in 2015 and has always operated
for its intended use as a gathering space for the community. They have essentially a men's rally,
a unity in the community event scheduled for August 16th. They allow for people in the
community to utilize the space, to have repasses, to gather, have family gatherings. On Sundays,
there is a religious organization that uses it to congregate for worship. The location
is one where there is metered parking outside of the actual building along the Market Street
corridor. It is a commercial corridor. It is my understanding on a second floor,
there is a home healthcare business that has been operating. This is just to allow for that
first floor location to have the opportunity to be used as an assembly location. The notice
This is properly affixed to the front window of the structure, and the floor plan, and
I'm just going to turn this so that it's easier to see.
this would essentially be the market street corridor the front entrance there's separate
entrances for the second floor unit but the main first floor entrance has an open floor plan
there is a handicap accessible restroom here there are also two additional restrooms that are
nearby. This is a half counter wall and the kitchenette is in the back along with a storage
along with a storage area and an exit point in the rear of the structure.
area and an exit point in the room.
There is no construction that would be contemplated.
And as I indicated, this was a routine L &I inspection that was done,
and it was realized that the zoning need to be legalized for the actual use,
And the community actually supports the current intended use by virtue of overwhelming support during the RCO meeting and from the affected neighbors who signed the petition in support of the program.
It's my understanding that the trash plan essentially is that for special events, there would be a hired company that would come and remove whatever excess waste.
And so there would be little to no impact to neighboring properties.
And with that, I would like to have Jerry Carr
enter the meeting without the testimony.
Jerry Carr is coming in as a panelist.
Thank you.
As he comes in, I'm going to bring up the deed
that shows home health care as the intended owner.
In addition, we were able to also include
that there is no taxes owed on the property.
Mr. Carr?
do we see mr car yes chair mr car could you please unmute and turn on your camera
thank you okay cool smart video good morning mr car hello hi mr car could you please state
your name and spell for the stenographer. Jerry Carr, J -E -R -R -Y, Carr, C -A -R -R. Right. Do you
swear or affirm to tell the truth, the whole truth, nothing but the truth? Yes. Please proceed,
counsel. Sure. Mr. Carr, you are the owner of Home Healthcare Plus that owns the building
located at 6011 S13 Market Street. Is that correct? Yes. And the testimony and information
provided to the board today you were able to hear um that information that was provided yes
was it accurate in the way that it was presented yes i would submit on that all right questions
from the board um i'll just say that i've been there to a number of uh events that have taken
place and the politicians and fundraisers and things like that i always thought it was a
nice space so that's all i can add to it there's a little advertisement for you how about that
other questions from the board
questions or comments from our attorney not at this time mr chair what are your questions is
this first floor only if that's where they would like to uh limit the use then i would suggest
the proviso because otherwise it's it doesn't specify on the refusal questions or comments from
the virtual audience you're not seeing any hands raised mr chair planning commission
thank you chairman and good morning david effecto with the city planning commission
chairman and board members the comprehensive plan recommends a change in zoning at this location
from cmx2 to cmx3 commercial mixed use under the proposed zoning event assembly facilities
would still be allowed with a special exception.
The appellant has shown that the proposed event assembly facility
will have no detrimental impacts beyond what might be expected.
The City Planning Commission recommends that the board grant a proposed special exception
for an event assembly facility.
Thank you.
MI 2025 -000673 -6011 -13 Market Street.
I vote yes.
proviso first floor only michael johns my vote is yes with proviso
cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso
ryan mcadams my vote is yes with proviso tyo win my vote is yes with proviso thank you council
thank you all right number 11 39 67 to 87 ford road daniel loza is the attorney
39 67 to 87 ford road daniel loza is the attorney
yeah your honor good morning could you please turn your computer on
and state your name again just for the record my name is daniel loza i'm the attorney for the
applicant. Okay. So I have one of my assistants here. He
gonna share the computer with us.
All right, let's share. Okay.
Give me one second, please.
yeah council how are we doing with this he's trying to connect but can we do
one more and then we come back to us what do you say can you do the next the next person
and then that was the last case okay so you're you're you're the only case left okay just give
me one second we try to connect sir do you see the share screen button on your computer and have
tried to click that to share your dog i see but i what i don't see is my desktop on on
the little window i have an i have an apple computer okay i'm requesting to do you see
alberto perez with there is that your assistant yes okay bring mr present one
Yes, Mr. Perez will be coming back
shortly. Thank you.
You know, obviously
Mr. Perez will testify. We'll just let him
use the computer and you'll direct him as he
uses the computer, okay?
All right, yes.
So you're going to share the
Yes, I'm
getting all of the files.
I will share the
okay your document should be coming up yes uh forgive me i i have it all in the emails
uh i said i did not have it all in downloaded
he's good with computers i'm not
okay so this is a sit -down take -out restaurant in a shopping center that's correct there is a
there is a street mall shopping center yep and he has it he leaves the corner property
we get the notice
I don't know if you can see my
no no no we
we need to see your computer
okay okay
you can't hold papers up to that
alright we have that sir
move that one on
so what we need
is the photos of
the shopping center
we need the plans on what you're going to do
in the individual restaurant
the pictures
the corner property is the
subject property
which one is yours the one with the yellow
yes the one with the
going to go there it's not in an existing restaurant now no now it's closed but before
there were other commercial usage on the property
are you make sure you're speaking into the mic sir yes there is no a current uh restaurant we
are applying to how the restaurant put there so and what else is in that shopping center
you so and what else is in that shopping center you have a pizza place next door right
You have a pizza place.
and then you have a holly steak place next door yeah yeah and a chinese restaurant right
all right so then could you show us a drawing of what the inside is going to look like
yes that's the that's the floor plan
here it is okay
you have the tables right the access to the property right here is the bathroom
where's the bathroom storage area
the food prep area right
and this has been a restaurant in the past
yes there's a gene before listen to me listen to me listen to me
yes listen one minute do you have a venting system for the place
excuse me can you repeat the question
um is the restaurant vented over the uh cooking areas or event going outside
yes okay
and what are the hours of a place the hours of the place is night night to 10
9 a .m to 10 p .m seven days a week seven days a week yes could you bring your client on yes
can you see him sir you've already been sworn in um council could you have him
adopt your testimony yes sir
council
what i told to the board that's the truth yes
you agree with everything he said and that would be your testimony i correct
yes yes questions from the board
questions or comments from our attorney hillary emerson i just want to get the clarification
because i understand there was discussion about the use being limited to a specific
unit at this location, and I understood from the lease that it was 3967, but then looking at the
community benefits agreement that was submitted with the RCO's meeting summary form, it indicates
that it's unit D so what what is where it like what is what's the best way to
if this is approved designate which unit the use would occur
council do you have a lease there that you did yes i do have a lease of agreement here with me
right and so what i i know but what does the lease say the location is let me see
can i ask you a favor can i have um alberto yes may alberto answer the question
what's that may alberto press answer who's alberto my assistant no no he cannot testify
on behalf of your client he's not an attorney
either you or your client need to answer the question
so the last 67 to 85 will be identified with unit d as in david d okay okay thank you very much
and mr i just want to note for the record that there that there is a community benefits agreement
that references the hours of operation
and also discusses having twice -weekly commercial trash pickup.
So I just want to note that that is something that the parties have agreed to.
Questions or comments from the virtual audience?
oh that's mr chair thank you planning commission
I'll answer, Mr. Chair.
Thank you.
Planning Commission.
thank you chairman and good morning david fechto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rm1 residential
multi -family zoning at this location the city rezoned part of this neighborhood in 2015
however this block face was not included the proposed sit -down restaurant is what a reasonable
person would expect to find in a shopping center which exists as a legally non -conforming use on
this property the city planning commission recommends the board grant a proposed use
variance for a sit -down restaurant all right thank you um mi2025 000630 3967 to 87 fort road
I vote yes, with proviso.
Unit D, commercial trash pickup,
hours 9A to 10B every day.
Michael Johns, my vote is yes, with proviso.
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Ryan McAdams, my vote is yes, with proviso.
Ty Owen, my vote is yes, with proviso.
Thank you, counsel.
Thank you so much.
All right, thank you.
Is there anyone in the audience who their 9 .30 a .m. case has not been called?
I do not see any hands raised, Mr. Chair.
See everybody at 2 p .m.
Thank you.
Good afternoon, everyone.
My name is Bill Bergman.
I will be chairing this afternoon's meeting.
With me is our board member, Cheryl Algaston.
Present, Mr. Chairman.
Board member, Tanetta Graham.
Present, Mr. Chairman.
Board member, Michael Johns.
If he's not there, he'll be there shortly.
Board Member Taya Nguyen. Present, Mr. Chairman. And our Board Member Ryan McAdams.
Present, Mr. Chairman. Also present is our Attorney Hillary Emerson and our Board Administrator
Lakeisha Dandy. A recording of the hearing will be posted on the ZBA website. By participating,
you consent to be recorded. This is an in -person meeting with remote capabilities. Whether remote
or in person, if you're called to speak, you must state and spell your name, then wait to be sworn
in once you've been sworn in please state your name each time before beginning your testimony
any person may enter an appearance here are the three ways you can identify the case property
address on your zoom webinar registration you can see a staff member or you can call the zba
appearance line at the close of business tomorrow call 267 -270 -5548 leave a message that includes
your email address and the address of the property of the appeal. Following guidance is for our
remote attendees. When directed, you must raise your virtual hand in order to be recognized to
speak. Second, if you're called to testify, you'll be prompted to join as a panelist.
Please accept the request and turn on your camera. Third, the webinar Q &A is for questions about the
hearing. Do not comment on cases on the Q &A. And fourth, if you're participant by phone,
press star 9 to raise your hand and star 6 to unmute. For an in -person attendees, please refrain
from talking, eating, drinking during the hearings. Verbal and physical aggression will not be
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right. When speaking on the record, you must speak directly into the microphone in order to be heard
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given over the public address system.
The main exit is through the double doors at the rear.
The nearest stairwell is to the left outside the doors.
In case of an evacuation, the rally point is at Love Park,
directly across Art Street.
Please remain there so we can account for you.
So let's look at our schedule for this afternoon.
Number five, MI -2025 -001 -280, 1629 South 10th Street, cases continue, attorney moving party.
Number six, MI -2025 -001 -283, 3338 North Reece Street.
We have a request from the RCO for a continuance.
We have no exhibits.
The listed applicant is Shayla Torres.
Do we see any hands?
Good afternoon, Chair.
I do not see any hands.
Thank you.
So MI -2025 -001 -283 -3338 North Free Street, cases continue to 12 -17 -25, Mark must be heard.
Number 14, MI -2025 -001884, 1342 South 22nd Street.
Number 14.
This case is continued to 121725.
Are there any other requests for continuances?
i do not see any hands mr chair so number 13 mi 2025 001 469 1800 solace street
um marcella mitchell is the listed applicant there are no exhibits this is the first listing
here i do not see any hands so mi2025 001 469 1800 solid street cases continue to 12 17 25
at 2 p .m and mark must be hurt
we're going to go to our add -ons mi 2025 001 268 222 market street
that case has been rescheduled to july 23rd at 2 p .m
number two mi 2024 001 897 2614 pine street i vote yes
cheryl gaston my vote is yes tennetta graham my vote is yes
i am mcadams my vote is yes my vote is yes
number three mi2025 000475 5017 woodland avenue a request for consideration i vote yes
for reconsideration and a re -hearing.
Cheryl Gaston, my vote is yes
to reconsideration and re -hearing.
Tanetta Graham, my vote is yes
to reconsideration and re -hearing.
Ryan McAdams, my vote is yes
to reconsideration and re -hearing.
Ty Nguyen, my vote is yes
to reconsideration and re -hearing.
Thank you.
We're going to go to our regular list.
Number one, MI 2024, 005385,
116 South 11th Street.
Andrea Solomon is the attorney.
hi good counsel good afternoon please state your name and spell for the stenographer
andrea solomon claire harrison harvey bransburg on behalf of the applicant top tomato that's
a -n -d -r -e -a -s -a -l -o -m -o -n do you swear or affirm to tell the truth the whole truth and nothing
but the truth? I do. Have all your exhibits been in five days prior? They have. Could you share
your screen and start your presentation? Should note that Washington Square West has voted in
non -opposition. There's a letter of non -opposition also from Council Member Squilla.
okay here we go good afternoon um this is a property at 116 south 11th street a top tomato
bar and grill the property is zoned cmx5 and we're requesting a special exception
in order to construct the addition of a roof deck accessory to the existing restaurant
as chairman bergman stated we received a letter of non -opposition from washington square west
and the applicant is in close communication and has also received the support of the
adjacent neighbor directly to the north of the property
uh these are the existing conditions of the property some exterior images
the roof deck will be above the second story
sorry there's a little bit of a lag here
this is the interior of the of the property the top tomato has made significant investments in
and they're really just adding additional space to provide outdoor dining
posting photos
posting photos I'll get to the zoning plans
so uh the roof deck is has a 42 inch high railing set back from the street the HVAC
mechanicals are uh to the north of the property and really buffering from the adjacent property
to the north the adjacent property uh in this direction is currently vacant
and with me here today is chris dixon the owner of top tomato he's here and can answer any
questions i'll have him adopt my testimony and um with us also is raymond rolla the project architect
but that can answer any questions about the design this is a rendering of what the roof
deck will look like to access structures fairly straightforward accessory roof deck for the
restaurant so with that I'd like to request any really any other relief necessary and this is a
special exception but this is a special exception that's correct and i'll ask chris to come up so
he can adopt my testimony you can push the button yep yeah why could you please state your name
and spell for the stenographer chris dixon chrs d -i -c -k -s -o -n you swear or affirm to tell the
truth the whole truth nothing but the truth yes counsel chris can you just state for the
record your relationship to top tomato uh i'm one of the owners of the bar and uh you saw my
presentation in its entirety yes and uh it was true and accurate to the best of your knowledge
absolutely thanks okay um and so what i will do is we'll open up the board and then if we need the
architect we'll bring them up questions from the board are you doing anything to manage sound
buffering for the surrounding buildings um from the from the roof structure like to our current
north neighbors or just like uh yeah i mean and we're still working on the plans now but the plan
is do like you know like a nice little kind of sound wall between like the existing structure to
you know the building to the north and everything will be to code and ray can speak to that as well
Don't have a choice.
Other questions?
How many seats?
I mean, hopefully we get like 40, 50 seats, I think.
And then the rest of the facility has how many seats?
I mean, it's 30 plus, but it has almost 100 -ish.
Between, there's two other floors?
And what are the hours of the roof deck?
It'll be 10 a .m. to 10 p .m.
and you agreed to that am i correct yes yep yeah we kind of we talked to him with the
yeah any other questions from the board questions or comments from our attorney hillary emerson
not at this time mr chair or comments from the virtual audience or the audience here
i do not see any hands raised mr chair well any commission amy boyd with the planning commission
amy boid where we're a firm to tell the truth the whole truth nothing but the truth i do
please proceed the comprehensive plan recommends no change to the existing zoning of cmx 5 commercial
mixed use the appellant has demonstrated that the opposed use will not cause the tremendous impacts
beyond what would reasonably be expected the planning commission recommends that the board
grant their requested special exception for non -residential roof deck thank you mi2024
0 0 5 3 8 5 1 16 south 11th street i vote yes with proviso roof deck time 10 a 10 piece sunday to
saturday cheryl gaston my vote is yes with proviso tennetta graham my vote is yes with proviso
ryan mcadams my vote is yes with proviso tywin my vote is yes with proviso thank you thank you
Thank you. I'll see you on the roof next year.
Oh, okay.
Number two, MI 2024 -005 -733 -2225 West Norris Street.
Alan Nockamson is the attorney.
This is a resumptive hearing.
so mr knockamson um state your name please and spell for the sonographer alan knockamson
a -l -a -n last name knockamson n -o -c -h -u -m -s -o -n you swear or affirm to tell the truth the whole
truth and nothing but the truth i do uh mr knockamson the order of this will be an update from
uh mr knockamson the order of this will be an update from you and the rco meeting
you and the
there'll be questions from the board and council public testimony limited to the information
that's presented today and a planning commission recommendation uh thank you uh mr chair members
of the board again alan knockam said knock knockam simpc i just want to give a brief overview of how
we got here today. We originally proposed to have four dwelling units in this RSA -5 property.
The 2035 plan actually proposes to make this an RM -1 property. The lot size of this property
is 1 ,240 square feet. If this was an RM -1 property, three units would be allowed as of right.
After considering the situation and given the 2035 plan, my client agreed to reduce the unit count to three units.
So if this board feels inclined to grant the variance request, we would ask for a proviso maximum three units.
Again, just some more facts.
There's only two occupied properties on this block on our side of the street.
there's 11 properties nine of them are vacant the uh one of the other two at 22 29 nora street is
also a triplex with for which further leads credibility as to why the triplex is appropriate
we met with the community uh this past monday i believe um with strawberry mansion community
concern which which was the coordinating rco for this matter uh there were only two people present
other than Mr. Goldberg who made the presentation to the community, Bonita Cummings, and I believe
there was another board member from Strawberry Mansion Community Concern. There were no neighbors
at all that appeared at that meeting. Again, at the beginning of that meeting, we were told that
before we even made the presentation, unless you proposed to have two units, you're not getting it
essentially so we said well let's let's make the presentation uh so a letter was issued um
afterwards that you probably have in front of you uh mr chair members of the board dated july 14th
2025 um i would like to quickly go through that letter point by point um and it starts with page
two with the bullet starting with the bullet points with the header of concerns with three
apartment units uh no demonstration do you have your screen up oh no i didn't i just
so i could share my screen yeah why don't you go ahead yeah yeah i could do that thank you
thank you sorry about that it's okay let me share my screen to make it easy for the board
thank you
so can everyone see my screen it should be coming up okay all right so so if you this is page two
of that letter um starts with archer could you enlarge yeah sure we'll go uh first part of that
uh page two is concerns with three apartment units there's uh the indication was there was
no dentist demonstrated hardship there's extreme hardship here uh first of all it's out of character
to have multifamily or more in character to have multifamily on that side of the block.
We have 2229 West Norris Street, and I believe across the street is RM1.
So it's more in character to have multifamily there.
Also economically, and I believe Mr. Ali Dodd stated at the last hearing, it's not feasible
to build a single family home here.
While this is RSA 5 zoning, this property has been vacant for some time.
We made that presentation to the board last time showing that this has been a vacant lot
for the longest period of time.
Stated that the next indication is about the open space deficiency.
Again, our requests for dimensional variances are de minimis in nature.
As you can see, we are requesting a rear yard of 7 feet 6 inches where 9 feet is required
under the Philadelphia zoning code.
And we're asking for an occupied area of 86 .3%, where 75 % is required under the Philadelphia Zoning Code.
This is to allow to have functional floor plans for the units themselves.
Again, it's always an issue with, you know, when you do have multifamily, are they functional units?
And these are functional units providing a great amount of space within the units themselves.
The density overload was the next cause of concern with the three.
The density overload was the next cause of concern with the three apartment units.
Again, 2229 West Norris Street, which is one of two occupied properties that's not vacant lots, is a triplex as well.
And again, the Planning Commission has recommended under the 2035 plan, these should be RM1 dwellings with falls in line with what our request is now, maximum three dwelling units.
And we do have a responsible trash storage and maintenance plan.
The first floor has access to a rear yard, and then the upper floors each have a ventilated trash closet.
Fourth bullet point has to do with we are attempting to undermine the single -family block nature of this block.
Well, again, nine of the 11 lots on this side of the street are vacant lots.
One of the two occupied lots is a triplex. Across the street is RM1. So this is not a single family portion of the neighborhood. We also provided many instances on intersecting streets on North 22nd Street, where there are many, many, many multifamily dwellings.
Then the next set of objections have to do with light wells on sidewall, obstruction
of future row home infills, or encroachment.
This goes beyond zoning.
These are issues regarding how the light wells will affect neighboring properties.
I will say this, that obviously if we're so lucky to get the zoning variance approved,
we have to go through the building code process as well, getting a permit.
We have to comply with the building code.
And these side wall light wells would have to comply with the Philadelphia building code.
But, you know, how it's written is as though we are putting light wells on someone else's property, which is not the case.
We're putting that on our property.
We're not affecting other people's properties.
The next item is about key concerns about, again, excessive.
You know, three units is excessive for 1 ,250 square foot lot.
It's not. Again, if this was an RM1 property, that would fall within line of allowing that type of use.
We mentioned the light wells, and I think that's basically it.
So, again, we, again, originally proposed four units.
We are now reducing that request to three units, which falls in line with what RM1 zoning would be allowed, and the Planning Commission has proposed that.
Given the nature of that block, given that our side of the block, there is one triplex there
and nearby multifamily there and across the street is RM1. We respectfully request that
the board grant the variances. Thank you. Thank you. We have an update from the RCO.
Good afternoon, Ms. Cummings. I'm okay. Good.
so if you could turn your mic on
seems like it's on okay right could you please state your name and spell for the stenographer
okay um my name is bonita cummings b as in boy o n i t a cummings c -u -m -m -i -n -g -s do you swear
or affirm to tell the truth the whole truth nothing but the truth i do why don't you give
us an update of the rco's position again um we we want to make look um we weren't sure whether the
board would have had a chance to review this because we were only able to meet again with
this property on monday and we submitted our information um yesterday okay um so we did just
want to indicate that um just to make it expressly clear that strawberry mansion community concern
an rco is pro -responsible development and the notion that rcos are anti -development is both
inaccurate and misleading so i just wanted to unstate that so that it's not like we're here
all the time saying we're opposed to development because we are not okay um we spend a lot of time
with professional people in assessing what we have to come before this board to do so we're
not being emotional, it's not emotionalism, and it is not just made up. We try to look at the code
and we try to present before you what your role is structurally and looking at these properties.
So when we assess that through the code, and it's all written down, I don't have to go back over it,
you all are able to see it. If you're following your own code, your own code says that this is a
small lot based on what they proposed so it would be an overload in density and that is one aspect
an overload in density, and that is one aspect of how we feel that this project is flawed.
The other is, there's nothing I've written that indicate that we're talking about something right
now that's on other people's property. We're talking about a block that we're very clear about
is a block of many lots, but the way that this particular property is designed with the light
wells will prevent other developers from building properly in that block so if you start with this
one string of properties where that property has a light light well something coming up next to it
is now blocking the light well so you kind of force people to either develop inappropriately
or irresponsibly. And that is what we see as it relates to that many lots being available to
really develop this block. You can do this development responsibly. Also, again, putting
families in these properties where every single inch of space, including the basement, is where
they live with no no space there's no space to do anything so here you have three units of families
and and the first floor starting with the kitchen being in the basement and there's no real um you
know some of the air air um you know your air the installation all of these factors that um are also
impacted by trying to start development in ways that in not you know pretty much philadelphia's
neighborhoods, 1900s, were not designed.
So you can do as you may.
We just ultimately looked at it.
We looked at the zoning overview measurements.
And based on your code, those measurements
say that three units is too many, particularly
based on how they want to go down into the basement,
put the kitchen in the basement, and how they
want to overbuild.
So you want to, it's like 11, what is it, 11 .5 % over, 11 .5 percentage points, the maximum occupied area, taking it to 86 .3 % that overbuild.
And also, as we're continuing in communities to work with professionals around these developments, we're starting to understand, too, overbuild also impacts properties onto other blocks.
And letting these things happen excessively in this manner is impacting the quality of life of those blocks.
So, you know, again, we're not, we're here to just say we are, you know, appreciate responsible development and we support that, but we also try to express to the board that our health, welfare, and safety, our mental states are impacted by things that you might not can see right now, but then it happens, then we, you know, later on we're dealing with it.
So you got a code that says it shouldn't happen.
Two units would be, you know, and people talking about what RM1 did and what the 2035 plan, that's not an effect.
So we need to talk about what is in effect.
So we would hope that the owner would be responsible and say, you know, she's right.
The window, the light wells will impact how that block streams, how other properties and other property owners can come along and develop in that block.
So thank you.
Hold on one minute.
What was the vote?
Well, I'm having a hard time.
It says the people present here said two in opposition, four in non -opposition.
No, it wasn't four in non -opposition.
4 is the indication based on your form of, well, I took this form to mean, when I was
doing 4, I was just talking about the attorney and the applicant, so it was no vote in terms
of that, but it was just the committee's presence and overview of who was present, but it's
more members that were assessing and overview.
Thank you very much for your presentation.
Do you want to? Yeah, Mr. Chair, briefly respond. As indicated, not one member of the community came in and in to this meeting in opposition or in support, but more so in opposition.
We know from experience that if there is an issue with a project, we will see members of the community show up.
there was not one member of the community or close by neighbor that showed up my understanding
it was miss cummings as well as one of her board members who did not participate in the meeting
did not have her camera on and did not make any indication of what
did not have her camera on and did not make any indication of what their position was
in terms of the fact that this is an overbuild compared to the amount of units given the lot
size again 1250 square feet given the recommendations of the planning commission
this would be allowed and in terms of the light wells like we're trying to provide as much light
and air within the units themselves.
They're being built within the building structure itself.
And as we went through those drawings previously, we think that's a responsible use, especially
given the fact that this is an affordable housing development.
Mr. Ali Dodd, who's the owner, that's all he does is affordable housing.
So we hope that the board embraces the fact that Mayor Parker is looking to have 30 ,000
affordable units built during her administration.
and we hope that these are the three of those 30 ,000. Thank you. Thank you. Questions from the
board? Yeah, I have a question. So, two questions. The first one is, are the affected RCOs being
notified of these meetings? Yes, we are required under the Philadelphia Zoning Code to notify any
affected RCOs. So, again, I can look at my notice, but my notice would have all those RCOs participate.
Typically, as you know, it's not very often that those other RCOs do participate.
In this neighborhood, they do.
Ms. Cummings sometimes is not, you know, her organization's not the coordinating RCO.
And she does a great job of participating in those meetings and giving valuable input.
But most times, those other RCOs do not participate.
And the other question I have is for the light wells.
do you have a diagram or can we see a rendering of where they are in relation to where another
building would go adjacent to it yeah we can do that um let's see let me share my screen
i'm having probably oh wait here it is that's what
okay if you can see here these there's well obviously it's the front and back light wells
right you know for the front and back of the first floor and then throughout the whole building
we provide light wells to provide additional light and air for all floors.
Again, as a design feature, we want to make sure that there's proper light in there
for the residents within this building.
But it's built within the actual building itself.
It's not outside the confines of the actual building.
They're in the side walls.
So a building coming up next to, based on the renderings they showed in the meeting, a building coming up next to -
Noah, I can barely hear you.
Oh, I'm sorry.
Well, my mind is on.
Oh, I'm sorry.
I'm sorry.
That's okay.
So based on the renderings, the, I mean, maybe I'm crazy.
The side, those are party walls.
So in essence, we're either creating, what do they call them, easements or breezeways automatically without any mapping, without any way of really responsibly designing homes or properties in blocks.
This is a block of lots, and I'm assuming once one go up, you'll have a whole bunch of other owners who own the properties next door to that lot wanting to build.
But they can't build to the to the lot line of that property because that property has sidewall light wells that will then change the light into that building of those families if they're in there, because now another 38 foot building is next door.
so that's it's not responsible and it injures families that would already be in it and um in
in uh this property this um 2225 uh property so that's a design flaw maybe if they change this
so this time no okay yeah so i can just tell you from experience i own a home in philadelphia that
has breezeway it's not uncommon to have breezeways there and this breezeway is going like again
straight up. It's not affecting anyone's ability to build onto the party lines or the adjoining
lines. It's just providing additional light in there. As you can see, we're providing additional
windows by taking advantage of that area with the light well. It's just a design feature which
It's just a design feature which we think will provide more light and air into each of the units on every single floor.
we think will provide more light in there.
And it will in no way intrude on anyone else's ability to build on their properties.
I will say this, that while Ms. Cummings definitely hears a lot of presentations, she does not have the aptitude to make determinations of whether it affects other people's ability to build.
that would have to be through expert testimony which she she does not have a license in
architecture or anything like other questions from the board um yes um question uh did we
discuss before the um household living in the basement i cannot remember but i know that that's
that is a you know obviously always a concern of the board and and i again if this board feels so
inclined to make restrictions on the lower level might you know we would defer to the board we
would appreciate to have that additional living i think it makes it better experience for those
for that unit on the first floor in the lower level um but we are capable of having this project
not as good by having only use of the first floor other questions was a light study done
of the design by the architecture firm in what way to understand in elevation what the light
quality is like through those light wells into that second floor and third floor bedroom i i do
not believe there was a light study done but it was an opportunity to add additional windows
you know for those units so it's not just front and back there's some interior windows as well
so it was an added feature it wasn't to you know but it's we could do it without the light well
we thought it was a positive. You would lose a bedroom. Yeah. So I think that's the question I
have. It's like right now on the second and third floor, you have two bedroom, I think one and one
bath, one and a half baths. And the light well is what is allowing you to legally have light into
the second bedroom. And so I think my question is just assuming we're got to assume something's
going to get built on the party line. Eventually it's not a corner property. Do you know how much
light attenuation they're getting into the second and third floor because all the other windows are
going into either bathroom or laundry room. We did not do a life study in that respect.
Other questions on the board?
Safe to say it'll be dim. They'll be light, but it'll be dim.
I mean, you know, this light and air, that's just what it is, but that's
pretty much it. All right. Questions from our attorney?
Hillary Emerson? Not at this time, Mr. Chair.
Questions or comments from the virtual audience or the present audience here?
I see no hands, Chair.
Planning Commission.
Sorry, just a second.
Amy Boyd with the Planning Commission.
While the district plan had recommended RM1 residential multifamily,
the property was remapped to RSA 5 residential single family in 2014.
The appellant has not demonstrated that there are unique physical conditions or circumstances that would prevent the property from being used in conformance with the zoning code.
The Planning Commission recommends that the board deny their requested variance for multifamily, max -occupied area, and rear yard depth.
Thank you.
Mr. Nockman, we're going to vote on this next Wednesday.
We'll vote at 2 p .m.
We're going to go over it in the morning at the 9 o 'clock executive session, and both of you will hear where we are next week at 2.
Thank you.
All right.
Thank you, Mrs. Cummings.
Alan, you have one more here, right?
Or you have a couple more.
Yeah, well, I think you should do.
You have one, then we'll take a little break for you, okay?
All right.
Am I still here?
Am I still staying here?
MI 2020.
Oh, hold on.
Oh, here it is here.
No, there's two more in a row.
You're right.
MI 2025, 001 -142, 4814 Howell Street.
just for the record state your name alan knockamson right could you identify your client
relationship to the property yeah my client are the owners of the property uh carlos uh baka
cardona and uh diana uh ma brevet or garcia do you waive the reading of the refusal and agree
with its accuracy i do um why don't you start your presentation all right
all right so we're at 4814 howell street uh there are 12 exhibits in my packet 81 nearby neighbors
were uh given notice of the community meeting and in addition to having unanimous support from the
coordinating rco we actually have a petition of 36 nearby neighbors uh so let's go straight to
So let's go straight to the notice of refusal. So this is an RSA 3 property. What happened here is my client hired someone to build a detached garage towards the end of their property. And we have one variance request. We're supposed to be three feet from the party line. On one side, we're a foot and a half. Another side, we're two feet, four and a half inches. And another side, we're a half a foot from the party line.
notice of refusal. So this is an RSA 3 property. What happened here?
We're not affecting anyone's light in there,
and we have support for many of those neighbors
who would be directly impacted.
So I was having problems with this.
Hold on.
There's like an X in the one in the notice,
not the notice, but the letter of support
or non -opposition, so it's messing my presentation up.
But you can see there's a letter of non -opposition.
There were seven voting members,
and they were unanimously in non -opposition to this matter.
Let me go down a little further, get away from that X,
go back to full screen mode.
So we did a map of the, and my client did this themselves,
like not the map, but like the petition.
And they got all their nearby neighbors basically in support of this.
This is just residents who hired someone who didn't get the right permits.
They understand that this is the first step of the process.
They have to now hopefully, assuming we get support for the variance request, to go get a building permit, get this thing inspected, and making sure it's compliant to get a CO.
But their nearby neighbors are in support of this.
They've lived in this neighborhood for over four years.
So aerial view of the property.
This is pre the garage being built, but the garage is being built right here.
Um, there's, you know, the, really the only people would be directly impacted are these people
on, uh, Hagerman street. This is an apartment building right here. So I don't think they're
going to care too much. There's this resident right here, kind of enclosed, not really seeing
it as well. And then this property right here, which also has, it looks like potentially issues
with a rear structure like ours,
which is on Van Kirk Street,
we actually got support from them.
And we got support from this person as well.
So maps to the area.
Again, we're not increasing density or doing anything else.
We're just trying to legalize, basically, this detached garage.
And you can see here,
uh not uncommon for people to be very close to their property lines here
and then photographs of the property is solid single family home this is from the back of the
property uh this is our hearing notice poster uh this is our howl street from the right of the
property till left of the property this is our garage this is kind of you see the apartment
building there i mean we're hoping that this was done well and we'll have obviously l and i bless
it after this, assuming the board grants
our variance request, but it's
just meant for a garage and for
additional storage in the rear.
They are extending out their driveway as well
from front to back because there's legal parking.
He just wants to push the cars
all the way at the back of his property.
That's where the storage is.
Then these are just our plans and drawings.
This is the driveway.
extending it further on the property and trying to legalize this building structure here.
And then we met with the community on May 27th at 6 p .m.
Again, we notified 81 addresses of the community meeting.
These are the addresses, proof of mailing of those addresses,
our application for appeal, loaned a notice of refusal,
the project information form,
our deed to the property,
showing that my clients own it,
and a certificate of tax clearance.
I will stop sharing my screen.
I would ask that either Carlos or Diana
virtually raise their hands and be sworn in,
and I have a few questions for them.
Oh, come on.
good afternoon sir
could you state your name is spelled
to this stenographer
I can't hear you
can't hear you
is that mic on
he doesn't speak English
He doesn't speak English.
Al, let me ask you this.
Have you interviewed him?
Yes, we have.
Our office have.
With the family and understand it.
Understood.
And somebody went also to the RCO meeting?
That is correct.
All right.
So why don't we, as an officer of the court, we'll take your time.
Thank you.
I appreciate it.
Questions from the board.
What is he doing in terms of storm water on the site?
with all the all the new concrete going in and all that so i'm not his design professional
um i it looks like it was handled by a design professional um i would say that he would
obviously have to deal with those issues as part of the building code uh building permit process
and he'll handle it appropriately.
So what street alley does this garage run on?
Does it run on a back street?
No, it's just a rather large lot.
Let me just share my screen again.
And there's an existing driveway to the left of the building structure,
of the front building structure, the house.
so if you see here this is our single family home right here can you see my screen
and then this is the existing driveway to left of it he's expanding that driveway to over here
and then he has the actual secondary building structure which is his garage structure in the
rear and the refusal is because he built too close to the property line but as you can see
from this site plan so did this person and so did this person not saying they're illegal or not i
haven't looked at it he they also could have some issues here but those people have no issues with
what he's doing um but um yes he's going to have to make sure that there's not going to be issues
in terms of stormwater runoff especially to the person to the left of him yeah but how does he
how's he getting out of here to the street or wherever right you see my cursor yeah you just
drive right down here the side there's a curb cut there oh yeah this is yeah there's an existing
curb cut already all he's trying to do instead of parking back here he wants to move it push
his cars back here and then have secondary storage which is again not uncommon because
you see this building structure here on this lot you see this building structure here on on
maybe on the lock on the other side okay and have we checked about turning radius there or
did we have to or what did he he he's been using it uh previously that's what happened so what
happened is he found out after the fact that he didn't have the right permits so he has been
my understanding he has been using it if you can look at the pictures you can see the mud on the
tires he he was using it for some time and he's had my understanding no issue because it's a pretty
wide lot like the width of the lot is 47 feet three inches so it's a rather wide lot where
he would just i would assume come out this way and then turn around come out this way turn around
well it doesn't have enough concrete to do that which you just suggested yeah i don't know that
but the 40 -some feet is at that area where this garage and storage is.
What's that dimension?
It's hard to see from the plan.
Let's see.
He's at 8 feet, 4 1⁄2 inches.
So you got close to 30 feet?
Yes, he has 29 feet, 11 1⁄2 inches.
So in order to make a three -point turn, he's going to need more concrete unless he's just going to completely ruin his grass.
But to your point, he probably can do that turn, but it's going to be – he's got to do a lot more concrete, you know, solid surface.
So, again, I always –
Either that or he's backing out into the street, right?
I don't think he's going to back out.
i mean honestly it's a long street i wouldn't want to back out of that street so
so um but i i again i i hear your point and you know we'll just i'll point that out with his
design professional uh to maybe add another patch like right here where he can do that turn
but maybe not have to do it as much you know in other respects because it seems like he could
you know in other respects because it seems like he could probably again not a design professional
You're probably, again, not a design professional myself.
myself but like he could probably cut a little bit out here and add it up here and then i guess
my other question is we're using um impervious like that's right that's right has there been
any thought to using pervious kind of surface there which would help with the drainage issue
I think it's already built
let me see
I don't know if it has
let me take a look
let me look at the pictures
he may have to do some
revision
this could be one thing he could think about
while he's at it
yeah I don't think he
based on these pictures
it doesn't look like he's done
any of the
driveway work yet
just a yeah just a suggestion or something you might want to think about in terms of
how he's going to deal with the drainage issue and also the extension that he's going to make
yeah we'll talk to his design professional in that respect all right any other questions
i think the two questions i had one do you know if this is slab one grade or what the subsurface
is under the garage i'm assuming it was stick built based on the design it does but i yeah i
can't speak to that yeah um i think that the concerns i have around again similar to what
everybody said with drainage but also slope typically when you have that much concrete to
back to a garage there's considerable site work that has to happen and you end up having to dig
things up and put beds of stone underneath everything to make sure that it both has the
weight appearance as well as the drainage properties um and since the garage is already
there not being really clear that's all um as it should be and then it looks like there's
electric service to the garage and so i noticed there's no electrical permit for this uh project
so just wondering um what's going to be the process because i think we've run into this
with other garages right hillary and driveways is lni doesn't do co's i thought for the whole
building all right for i think for the structure i think they would do a co but you can't do a
structure for like a parking lot yeah yeah so we you know have a proviso you know co within nine
months yeah typically the review that would happen for the groundwork is streets and water department
questions for our attorney not at this time mr chair questions or comments from the audience
for the virtual audience you're not seeing any hands mr chair planning commission amy wood with
the planning commission amy boyd the comprehensive plan recommends no change in zoning from the
existing rsa3 residential single family the proposed garage was built without the benefit
of permits the appellant has not demonstrated that there are unique physical conditions
or circumstances of the property that prevent it from being used in conformance with the zoning
code the planning commission recommends that the board deny their requested variance for setbacks
thank you mr chair just two points not out of character what's happened here sadly there's
other properties nearby that are all victims and the same thing don't know if they have permits
And then secondly, he detrimentally relied on the contractor expecting that this was done the right way.
Thank you.
All right.
MI 2025, 001 -142 -4814 Howell Street.
I vote yes with proviso.
CO to be obtained for structure and all permits.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with Proviso.
Tywin, my vote is yes with Proviso.
Thank you.
Thank you.
Mr. Nockmson, this is your left, I understand, right?
Your last case here.
All right, thank you.
Thank you.
MI 2025 -001 -278, 4363 Frankford Avenue.
Mr. Nockmson, just for the record, state your name.
Alan Nockmson.
Could you identify your client and relationship to the property?
Yes, my client is 4363 Frankford Ave, LLC.
and to the left of me coming up here saying to the desk next to me is Keith Brunden, its member.
And my understanding is there's a letter of opposition from the Frankfort Neighborhood Advisory Committee,
which we have a copy.
The applicant also has 33 signatures.
Do you waive the reading of the refusal and do you agree with its accuracy?
Please share your screen and start.
Right. So just to the beginning, we spoke to Sloan folks of the district council member's office.
We spoke to Sloan folks of the district council member's office, and our hope is that we can
make the presentation and then hold it so we can meet with the community additionally.
Most of their concerns are non, well, all their concerns are non -zoney related.
So we just want an ability to meet with them.
And then once we meet with them, to let the board know and then to have just a continuance
of just for community comment only.
Thank you.
all right so this project this board has heard before we're proposing to do 11 units here
at the corner of unity and frankfurt avenue the only difference is is that instead of having a
renovation of the pre -existing building structure we want to do new construction of the pre -existing
building structure this project is better than the board previously approved and we'll explain why
Our presentation includes 11 exhibits, 50 nearby neighbors were notified of the community meeting, and we have a petition of 33 signatures.
And this is an ICMX property.
So as an ICMX property, where we're proposing to have 11 dwelling units and one vacant commercial space, we are getting one variance request for 11 units in this building.
Again, not out of character to what this board previously approved.
So we did meet with the Frank Furnack.
It was a well -attended meeting.
It was 24 individuals.
Nicholas Sladoff, my legal assistant, did not make the presentation.
Mr. Goldberg did, but the letter says that.
It's one factually accurate.
So we had 24 residents there.
We thought it was a great, positive meeting.
The concern of the board themselves is just the construction -related matters.
And I have some testimony from the architect.
I also have a letter from the demolition contractor.
I always know it's an issue with the community.
Whenever you have a demolition project, people get scared.
But if you do it responsibly and according to the rules and regulations of L &I, it's
really no different than having sometimes a renovation.
But those are the issues.
That has nothing to do about the use.
They said that all 24 people in the audience could not vote.
I don't know why.
they weren't affiliated with us. They showed up, but they took none of their votes. Here's our
petition. Again, we made a concerted effort to go and get a petition of people who are in support of
this project. And this is an affordable housing project. And I'll let Keith talk about it. This
is a specific affordable housing project, but he has state funding and he'll lose it if he can't
get this approved even this small delay risks like losing that funding because he cannot build
the 11 unit renovated property that's why we're back here today um and i'll have the architect
talk about that a little bit as well but this is the petition in support of this project
uh so and then we have a letter uh from i can't read it below here but a letter of support
what oh jim jim harity sorry um who's who is you know a council member at large who's in support
of this project again we have an affordable housing crisis in philadelphia like we have
a goal to reach 30 000 affordable units by the end of mayor parker's term we're hoping to add
this in in addition to the other project to that it takes a little bit at a time and we're hoping
that the board sees that as well. And then we also have a local pastor, Archbishop Mayor Floyd
Palmer, who is also in support of this project as well. And then this is from the demolition
contractor. This is who we're using as our demolition contractor, Joseph Gingoli and Son
Inc. And we just got that letter. He may be in the virtual audience. I wasn't 100 % positive. We
But his firm has been doing demolition work for 100 years, over 100 years.
So he's well -versed and experienced to handle this type of project.
And then the property history.
This is just a zoning permit for the 11 units that's allowed based on the variance request under calendar number MI -2021 -001677.
Unfortunately, he can't do this project given the condition of the property.
He, it really is a tear down.
And then this is what the board saw and approved.
I will say this.
I did a comparison between the current project, which was approved in the new one.
The current project, which was approved by the board has basement living.
This one's built on slab.
The current project had no trash room.
had no trash room we have a trash room with direct access to the street the current project
We have a trash room with direct access to the street.
meaning the one that's been approved had no in -unit laundry facility it was all on the lower
level down here the new project has in -unit laundry facilities so each unit has its own
laundry washer and dryer the of the 11 units eight units are bigger on this new project so and so
So there's a lot to be said that this project is a better project than the one that the board granted three years ago.
And then we are ICMX here.
Probably wrong zoning classification, but obviously that's not the purview of this board.
If anything, this should be IRMX, which this use would be allowed as of right.
And then photographs of the property.
This is what the property currently looks like from Frankfurt Avenue in Unity.
This is the zoning hearing notice postings from both public streets.
This is Frankfort Avenue to the right of the property.
We're on the line.
We're in between stops.
There's also two bus routes nearby as well.
It's Frankfort Avenue to the left of the property, Unity Street to the right of the property, and to the left of the property.
Architectural rendering, and I have Jesse Smith, who is the architect in charge of this project.
I think I'll have a few questions for him.
And again, you can see this is built on slab
where the other one wasn't.
So I always know that the board's concerned
about basement lit or below grade living.
That's not the case here.
And in terms of the of the plans and drawings,
let me just kind of get out full screen mode.
Oops, let's see.
Try to do it this way.
all right so trying to get it maybe do it this way
escape all right so if you look here this is frankfurt avenue this is the commercial space
right so it's its own space right here this is the trash room that has direct access to the street
This is the utility room.
You get into the unit number one, direct access to the street.
Units two and three that's on the first floor comes through this common hallway that's on Unity Street.
You get into that unit, that unit.
You go up a flight of steps.
And by the way, there's also a separate entrance here too on Frankfurt Avenue.
But you go separate flight of steps.
You have units three and unit four coming off Unity.
Same thing for the third floor.
Instead of going off of Unity, you have Frankfurt Avenue.
You go up a flight of steps.
You have access to this unit.
And the same thing holds true for, oops, same thing holds true.
Try to get back there.
Next page.
Trying to get to the next page.
The same thing holds true for the third floor as well.
The unit composition is eight studios and three one -bedrooms.
All right.
All right, let's continue the presentation.
So we met with the community on June 12th.
It was a very well attended meeting. For whatever reason, no one was allowed to vote at the meeting other than the board themselves. But we'll reach out to the board and we were actually really surprised by what we got in terms of a letter. That's why we want to kind of come back, see what happens, see if we hopefully can answer their questions about construction a little bit better than what we did.
again we met with we sent this notice out to 50 members of the community or 50 properties
proof of mailing to those properties this is our application for appeal that we filed on behalf of
4363 frankfurt ave llc along with the notice of refusal and the project information form
the deed to the property showing that they own the property and then finally our tax clearance
certificate um i want to have mr brundon be sworn in i have a few questions for him
sir could you please state your name and spell for the stock for keith brunding k -e -i -t -h
b -r -u -n -d -i -n do you swear or affirm to tell the truth the whole truth nothing but the truth
all right i might want to stay close that way i'm just i'm pull the mic a little
you're good now you just gotta keep it on move that it'll move right to you okay all right so
okay all right so keith what's your role with uh regards to this development project
So Keith, what's your role with regards to this development project?
the owner and uh developer okay uh and then tell tell the board a little bit about the local state
and federal affordable housing funding you're getting for this project i have a an rcap uh
grant from the state which has been you know very helpful um trying to do affordable housing i've
been doing it for many years and it's really hard to build something of this size without that um
So we have this grant, and, you know, really looking to construct it.
And it's just not feasible to do a building of this size without it.
Can't make the numbers work.
Okay, and is it because of the condition, the current building structure there?
The building, the current structure, we needed a make -safe permit just to even get in there.
I had no idea what I was buying because it was just it was it was 12 dumpsters I had to take out of there.
And so we we we did our best to sort of shore up all of the brick and create an empty shell for the rehab design.
But then further analysis and further reviewing this, it's just especially with the design aspects of having a basement.
that we didn't want, and we had to actually deal with that space
and pay for the renovation of that space.
When you compare the two analysis, it's less money to build it new.
It's a better building.
It's better in every single way.
It's better for the community.
It's better for me.
It's better for the tenants.
So we'd really like to do it as a new building.
yeah and and like you said just to reiterate it's not feasible for you to build it the way that was
previously approved i'm i'm not going to be able to do that okay thank you um i would ask that jesse
smith the architect for the project virtually raise his hand and be sworn in
do we see mr smith's hand i'm yes they'll be coming back in as a panel shortly thank you
good afternoon mr chair members of the board could you please state your name and spell for
the stenographer jesse smith j -e -s -s -e -s -m -i -t -h you swear affirm tell the truth the whole truth
nothing but the truth i do please proceed counsel uh yes mr smith uh what's your role with regard
to this project i am the project architect all right and then what you're experiencing in designing
residential multifamily development projects in Philadelphia?
Quite a bit, a few hundred.
And then what are the benefits of this proposed new construction as opposed to the renovation
project that was previously approved by the board?
So as mentioned, the existing conditions were worse than we originally thought.
Over 60 % of the framing needed to be revised, which would therefore trigger requirements
for new construction regardless.
list. The new design doesn't have a basement, so we don't have to worry about taking the current
basement condition and digging it deeper to make it a habitable space. This also helps alleviate
some of the construction concerns from the adjacent neighbors. Interior spaces inside the
apartments themselves are now nicer. Eight of the 11 units became slightly larger. We've relocated
the trash room to the interior of the building rather than tacking on a dumpster behind the
property. And now that the trash room is at the interior, it has direct access to the street,
and we don't have that smelly dumpster situation outside.
From the exterior, the building looks nicer.
It fits in better contextually.
And from a building code perspective,
it's now considerably a safer building.
We now have two stair towers
to service the upper floors instead of one.
And again, one of those units
has direct access from outside.
All right.
Thank you very much.
Thank you.
Is that your case?
That is my case.
Questions from the board.
I guess a question I have is, could you shed some light into some of the concerns that RCO had?
I think the letter kind of spoke for itself.
It was really the fact that having any type of demolition project is an annoyance to the community.
And they preferred not to have that happen in their community.
Ultimately, that was it.
And as we indicated to them, there are measures in place, especially the last few years City Council passed in terms of making sure that demolition projects are done responsibly with ample notice and new construction as well.
I think, Keith, am I correct to say that the lot to the right of us is vacant?
am i correct to say that the law to the right of us is vacant right so that again we wouldn't have
Correct.
an issue where we're tearing down a structure with an adjoining property even so we try to
explain that but it again the meeting didn't seem like oh we're against it nodding their heads
this board approved it for 11 units this is a better project we were surprised um and that's
why you know i think it's best to always talk to the community i mean and we promise that too but
we think that that's the appropriate thing to do is to try to reach out to them and see if there's
anything we can put in writing to make them feel better honestly if i can add um they mentioned
there's a school a few blocks away and there's a post office a few blocks away okay and um yes we
We would love to work with them on a plan to mediate any traffic, things like that, and, of course, make this demo be about as short as possible, right?
But we never got a chance to work with them.
They had concerns.
We said, we're happy to work with you.
They went away, and they voted no because we hadn't addressed the concerns.
So that was the surprising part.
Was the RCO in favor of it the first time?
I wasn't the attorney the first time, so I don't know.
The same RCO approved it.
They approved it.
So the vacant lot you just mentioned next door, are you the owner of the lot next door?
I am not.
So as far as that building not being rectangular per se, is there any plans for like a fence
for that lot or anything next door to it?
I know you don't own it, but is there any plans to shield that building from the side
with a vacant lot?
uh so there's our building a lot and then another building but yeah we we we were not going to get
anywhere near the building on the right um and but we're going to be yeah i'm not saying that i'm
just saying you're going to have an empty space right next to your building structure yeah right
and i'm just saying it's not square so you're pretty much eliminating anything being built
next door right with the way the way to the way that it's shaped so is there any plans to
maybe purchase the lot next door and maybe make it something else at some point in time
i'd like to control that lot and we're in contact with the owners of that yeah i have one more
question um how i know you said that this is a rack fee grant rack fee grant is capital grant
for construction how is this building going to be affordable um my target rents are 900 to 1100
dollars a month okay it's really a naturally so no gotcha yeah exactly so um and that's that's
what we're going to get right there okay any other questions questions or comments from our attorney
not at this time mr chair comments from this audience or the virtual audience
here i have a hand up from sloan folks i will come up them and they will be back in shortly
uh good afternoon uh chairman bergman and board can you hear me we can and we haven't heard from
you in a while mr folks could you please state your name is bell for the sonographer yes my name
is Sloan Fuchs, S -L -O -A -N -E, F -S -O -F -I -R -O -L -K -S. I am representing the Office of Councilmember
Ketchy Lozada, and most of the cases have been pretty straightforward, so I haven't had
to add anything to them. Do you swear we're referring to tell the truth, the whole truth,
nothing but the truth? Yes, sir, I do. Thank you. Please proceed. Okay, I'm calling in
today just to confirm a few things. The first thing I want to confirm is we did our office
on behalf of the applicant to reach out to the board of directors of the Frankfurt NAC
RCO. Last Friday, we met with their board president, Thomas Garland, and two of their
members, Christine DeJesus, who was an RCO chair, I'm sorry, the NAC chair, and a regular
board member um um carl murray um uh we pre we based on uh the um letter of submission to the uh
cba um we understood there was only one uh prevailing issue um and that prevailing issue
was that um was the was the was the demolition of the property and we requested that if the
applicant were able to come up with a suitable response to allay their
to allay their concerns um would they be willing to meet with them again um and they stated that
concerns, would they be willing to meet with them again?
they would so uh we recommended that the applicant uh request that the cba uh unity
hold their vote until uh after we can after they had their meeting and we were hoping they would
have a meeting with the um with the rca within the next couple of weeks i just want to make
One other point, and it is that regarding the vote with the RCO, there were 24 members in attendance for that meeting, but none of the members that were in attendance were affected members.
They were there for a subsequent meeting, which was approximately half a mile away.
So the vote really fell to the discussion and determination fell to the RCO.
Now, that's basically what we canvass them.
Our office is too late on this case.
Thank you very much, Mr. Fogues.
We appreciate you calling in.
Is there anyone else in the virtual audience?
Whether or not, Mr. Chair.
Will the Planning Commission take their position now?
Planning Commission?
Amy Boyd with the Planning Commission.
The Comprehensive Plan recommends – sorry, I'll start over.
The Comprehensive Plan recommended no change to the previous CMX2
commercial mixed -use zoning.
However, the parcel was remapped to ICMX Industrial Commercial Mixed Use since then.
Under the recommended CMX II, multifamily would be allowed, but only four units.
The proposed 11 units is an overuse of the property and not the least minimum.
We know for the board that absent participation in any state, federal, or city program or city zoning initiative,
affordability mentioned in the appellant's testimony cannot be enforced by any city agency.
The Planning Commission recommends that the board grant their request of variance for multifamily with proviso max four units.
Thank you.
Hillary, we're going to hold this and they'll get back to us?
It'll be closed also other than where we stand with the RCO.
Right.
So we can do one of two things.
We could have a brief resumption or we could close it except for a letter from the RCO after another meeting and then and possibly the council office.
Let's close it except for the letter.
And his chance to respond?
The RCO, council office, they want to weigh in as well and response from the applicant.
Can we get a date, CERN, just because he has funding issues, he really has to have this heard pretty quickly.
Well, he just said it's three to four weeks, right?
Yeah, so let's do it
if we can do four weeks and it
puts a date on the RCO as well.
I don't see this as an RCO that holds
things but like off
but like it gives a deadline
for everyone involved. What about August
20th? Yeah.
That's one month.
So August 20th at 2 o 'clock.
August 20th, 2 o 'clock.
A short resumptive year. Thank you.
It's a closed other than responses
to... Right, that's the vote.
It's scheduled, yes.
Thank you.
Thank you.
Number 7, MI2025 -001 -321 -4928 Walnut Street.
Sean Whalen is the attorney.
Good afternoon, everybody.
Is this the first time you've been here since you've been back?
No, I was lucky enough to -
Once before, right?
Once before, I got to present at like 7 .30 at night.
were we all still here were we all here i mean or you i do remember it happens
you i didn't remember it was so late you guys had you know shoved it out of your memory i'm sure
you state your name and spell for the stenographer certainly sean whalen w -h -a -l -e -n
here from vintage law on behalf of the owner of the subject property light up gold llc do you
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
I notice there's unanimous support from the Walnut Hill Community Association.
And do you waive the reading of the reviews and agree with it?
Yes, I do.
Okay, please start.
Thank you very much.
I'll share my screen.
So I have what I hope is a nice, easy one for you today.
This is to legalize an existing triplex.
there you go okay so it's up uh this triplex has been is on the 4900 block of walnut street
um it has been in use since at least 1967 the prior owner bought it in 1967 and just sold it
to my client recently uh turns out he didn't have any permits or approvals or anything it's
Turns out he didn't have any permits or approvals or anything. It's just been in use.
has been in use. It was a trip
It was a triplex when he bought it. So you can see it's mid -block property. This block is fully
built out and tellingly, and I think a large part of the reason why we did get full support from the
community is there is not a documented single family house on this entire block. You'll see
that the um so again just showing you mid block there uh here it is right here with the red dot
on it you can see that no vacant lots or anything um sorry and i'll show you the zoning map this
whole block and across the street has all been designated rsa3 at some point in time for single
family residential attached again going through the documented zoning records for every property
on that block and in fact walking up and down that block you can see evidence of every single
property that has anything showing or anything of record is actually generally speaking a triplex
There are 10 triplexes. There are five duplexes. There's a four -unit building, a five -unit building, a six -unit building, and there are actually two rooming houses or additional lodging buildings on that property.
So this fits completely in with the context of the neighborhood and this specific block.
We did receive two refusals.
One, because this is RSA 3, you know, multifamily proposed use is not allowed.
And also in RSA 3, you have to provide off -street parking.
It's always interesting when you get a district rezoning like this on a fully built out block where there's not parking for any single property.
So now every property is a prior non -conforming use.
Again, here we had unanimous support from the community.
Here's an image of the front of the building.
There is no basement living.
the basement is unfinished and has actually the only thing that's in the basement aside from
some storage is you can see there's actually separate gas and electric meters already installed
for the various units so this has long since been considered a triplex by even the public
utilities and everything again my client bought it went to pull a rental license for three units
and realized that you know there was no zoning in place so now he's trying to get this done so that
he can move forward with that we have um the existing uh property i should note there's no
new construction or structural work to be uh part of this application no additional height or
anything it's just going to be cosmetic work you can see the interior of all of these units is
pretty tired um you know a mess and pretty tired trying to be polite and so all of this is going to
be you know gutted and rehabbed um to try to bring it up to the current standards of this is a very
nice neighborhood and yeah you have kind of this mid -block building that hasn't been touched
probably since the original owner bought it in 1967 being polite um so again all the units this
is now the second floor unit. All the units are vacant. We did not want to put anybody in, did not
start any work until we were able to get through this variance process. Again, very nice bones in
the building, so there's no need to do any structural work. We have the existing floor plans
here. The first unit is 1 ,128 square feet. It's actually a three -bedroom unit. That's on the
first floor. The second floor is a 530 -square -foot one -bedroom, and the third floor is a 750 -square -foot
two -bedroom. Those are going to remain unchanged. Again, those are nice large units here for
everyone to move into. So with that, again, we had the owner, when he sold the property,
We had him sign and notarize an affidavit of continuous use, since obviously my current client couldn't do so since he was buying it new just recently.
And with that, we have a clear evidence of a hardship here.
There's an existing building.
It's fully built out as a triplex.
It has been for 70 -plus years, and it would be prohibitively expensive to redo it.
It's the least minimum variance in that we're not asking for any additional units just to maintain the status quo.
we're not asking for any additional units just to maintain the status quo and there's obviously
from the letter from the of support and just contextually there's no detriment to the public
health safety or welfare okay um is your client here yes uh dan hewitt you should uh please raise
your hand they will be coming back in as a panel shortly
I saw his name pop up.
I am here.
Can you guys hear me?
Yes sir.
Could you turn on your video please?
uh yes would you please state your name and spell for the stanak
dan hewitt d -a -n -h -e -w -i -t -t you swear or affirm to tell the truth the whole truth and nothing but
the truth i do please proceed counsel thank you very much chairman mr hewitt uh you're here today
on behalf of light up gold llc correct that is correct and did you hear all the presentation
that i already provided i did and do you believe that information to be true and correct to the
best of your knowledge and information i do and would you adopt that testimony as your own
yes i would uh is there anything else in addition to that testimony that you would believe pertinent
for the board to hear today i think you covered it thank you very much mr hewitt uh board question
from the board sure i was trash managed i was going to say that there is a substantial amount
of space on the side of the building and in the rear of the building um not even on the side it's
more in the rear the tenants keep all the trash in the back and they can't it's you can't see it
from that view it's actually on the other side of both of those pictures but there's a probably 10
feet between the buildings and behind uh the uh basically each each unit has had its own trash can
and they take it out on trash day and it's not stored in the front okay board member johns i
apologize for not addressing that already what you can see here is the rear of the building that
i showed there's a an alleyway breezeway between the two buildings the main entrance is right up
where in front of this white section and there's a large backyard here with an open area where all
of the trash is stored so that no trash is stored on the street. Other questions? Basement is just
used for utilities or laundry? And who has access to it? The only way you can access the basement
is through the first floor unit, but there's nothing down there except the meters for the
electric and the heater it would be just storage all right and we would be perfectly fine with a
proviso of no basement living it's not it's not finished now uh it's not going to be finished
gotcha you said that's the only access to the basement how are the other tenants that aren't
the first four unit gonna coordinate access to utility meters when needed there there's well
So there's actually, or go ahead.
Mr. Ewan, I'll handle this.
In my experience, actually, when we go through, because we're going to have to get zoning now, we're going to have to get a new CO issued.
In order to issue the new CO, the basement meters will likely be required to be moved by PICO and PWD.
um you know as i've been going through this process now for 10 years they come in they tell
you what they want to where they want to move them to how they're going to do it i presume that's
what's going to happen here i just showed here the separate meters as evidence that you know
this has been actually used as uh an existing triplex with separate meters to date again but
good question it will likely be moved at the requirement of pico and pgw here actually not pwd
because they require street access so they'll either put it in the back of the building
or at the front in a case keep it right there so it looks like there were four units in this
at one time i see first floor front second floor front second floor rear third floor
or or there was just how many there were always three units in the building there there have
always been it has always been a common space um for reasons that we don't know and unless and
until we open up walls the rear of i can show you the existing floor plan so this is real quick the
rear of I can show you the existing floor plan so this is real quick the fourth meter is the
fourth meter
house meter there's actually five right yes so there are actually five meters one is the house
meter um Miss Graham what you're referring to is when you come into the building right here off
the street this is this is the entirety of the first floor here are the stairs in the rear that
go down to the basement they also go up and the third bedroom is actually on the second floor
um we have no idea why that is and the prior owner said that it's just always been that way
so i i believe for whatever reason they put a separate meter for the second
rear area could have been an add -on to the to the house
questions or comments from our attorney hillary emerson not at this time mr chair
Questions or comments from the virtual or present audience?
No hands, Mr. Chair.
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change to the existing zoning of RSA 3,
Residential Single Family.
The plan has demonstrated that there are unique physical conditions or circumstances
that would prevent the property from being used in conformance with the zoning code
and that the proposed use is in character with the block.
The Planning Commission recommends that the Board grant their request variants for multifamily and parking ratio.
MI 2025 -001 -321 -4928, Walnut Street, I vote yes.
Michael Johns, my vote is yes.
General Gaston, my vote is yes.
Tannetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Iowyn, my vote is yes.
Thank you very much, Board Members.
mi2025 001 -339 -267 green lane william o 'brien is the attorney
uh good afternoon mr chairman members of the board william o 'brien for dexter street partners the
owner of 267 green lane mr o 'brien could just for the record could you spell your name for this
stenographer? W -I -L -L -I -A -M, O 'Brien, O -B -R -I -E -N. Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth? I do. Do you waive the reading of the refusals and
stipulate to its accuracy? I do. Okay, and I see that
hold on one minute there's a letter of support for the manioc neighborhood council
18 in support three in opposition there's also comments made we would like to highlight that
the applicant engaged with manioc neighborhood council at an early stage and that their plans
being presented include modifications resulting from the engagement please start your presentation
thank you if i may share my screen
this is the index page there's a 56 58 page exhibit package i'm not going to go through
each exhibit but i would ask that these exhibits be included in the record
thank you they are the uh let me skip quickly to the
philosophy water department map parcel map uh this is 267 green lane it fronts as as you would
expect on green lane but it extends along boone street and then also extends up to fleming street
it's approximately 9 000 square feet and it has frontage on all three streets the proposal is to
subdivide the parcel and create three lots from the existing one lot. The Green Lane property is
now a legal triplex, and the plan is to introduce two single -family homes fronting on Boone Street,
each with off -street parking. There are two refusals. One is for the parking for the proposed
new construction and introducing parking for the existing triplex. The triplex will have parking
in its rear yard. The proposed new single -family homes will have parking on their side yards,
and technically that's prohibited under the zoning code. The other refusal is for two trees,
and I'll get to that in a second. It's tree number three and tree number 10,
and I'll get to that in a minute.
Let me go through some photographs.
This is the existing triplex facing Green Lane.
You'll notice the zoning poster in the foreground.
you'll notice the zoning poster in the foreground. This is the Boone Street side of that house.
This is...
The lot is this area where the white car is parked. And again, the zoning poster
is in the foreground. And then finally, this is the Fleming Street
side of the lot, which is steeply sloped. It's not being disturbed, but it is steeply
sloped from Fleming Street down towards Boone which is why there is a chain link fence there.
This is the approved subdivision plan.
Again you'll see this is the proposed what will remain 267 Green Lane where the triplex is
and then the two lots fronting on Boone Street. They each extend up to Fleming in terms of their
legal dimensions, but the improvement is in the flat area. There's no steep slope disturbance.
And I also note that the cart path, this is Boone Street, but it's also known in the community as
Little Boone Street, the cart path is only 12 feet wide. There's no street parking on either side.
So the introduction of the curb cuts will not remove any existing parking for the neighborhood.
This is a rendering of the facade of the proposed new construction. There is occupied
space in the ground floor. There is a window, safety window well in the rear of the building.
First and second floor, the third floor is recessed with a roof deck above it.
And this is a view from above. So this is going to be a shared curb cut. There is
easement language so that the occupants of the existing triplex can share access to that one
curb cut to access the three spaces in the rear yard and then along the side of the property to
the north, the proposed single family on the north side, there'll be a parking space here
and then there's a curb cut on the right side of the southerly single family dwelling that has
parking space there. So the arborist report, which is, which starts on page 13, is dated July 29th.
The arborist went in and inventoried the trees. He did not have, he didn't, he wasn't sure where
the property lines were. And so he inventoried everything that he thought might be on the lot.
um when that plan when his inventory was then reduced to the tree preservation plan
um and i think it's january or december of 2024 uh it turns out that tree number three
is not it's on a neighboring line it's not it should not have been included in the inventory
but it was so the engineer placed it on the plan but as you can see uh it's on the next property
which is not part of this development. When this was submitted to the Planning Commission for
review, the Arborist Report, when it was completed in July of 24, satisfied the current regulations.
By the time it was submitted as part of this application in January of 25, however,
the regulations had changed. And on page 29 is a copy of an email from Ben Schmidt from the
Planning Commission, including the language in the new regulation. I won't go through the
whole thing, but the new regulation requires the photographs to represent the entire tree
from crown to base and must be taken during the tree's most recent period of full foliage.
Previous regulation did not require photograph from crown to base. It required photographs
to indicate and to demonstrate and show the deterioration of the tree.
So the photographs that are in the arborist report, again, pages 13 and 20 to 28 of this document,
go through each tree and photograph it and describe what the conditions are.
In response to this comment from the Planning Commission, the arborist...
In response to this comment from the Planning Commission, the arborist issued another follow -up.
This is January 28th of 25th, addressing the two trees.
Now, as I said, he responded to tree number three and explained in better detail or more detail why it is decayed and where it's decayed and why it's not safe.
But again, that's not on the lot, so that's not really relevant.
And then tree number 10. The arborist went on to say that it exhibits and proved to inhabit root decay. When we performed resistance testing, this tree also is causing the existing stone wall to heave and fail. Over time, the soil will erode and cause the whole tree to fail. Unfortunately, this tree is not to be preserved.
The subject root decay alone denoted the reasoning for condemning this tree. The arrow indicates the area of decay.
the lot is the trees that are on the upper area again the Boone Street photograph really didn't
show many trees the trees are closer to Fleming Street and it's steeply sloped and it's been
an area that has not been maintained or or received any attention for for decades
So those are the two refusal items, the parking, which does not affect on -street parking for the neighbors, and tree number 10, which the arborist went on, again, to explain why that tree is decayed and not safe and should be removed.
I think that's in a nutshell. I'd be happy to answer questions.
Why don't you have one of your clients adopt your testimony?
Okay. Sitting to my right is Andy Molson, who is a managing member of Dexter Street Partners, the owner of...
Could you please state your name and spell for the stenographer, sir?
Andrew Molson, A -N -D -R -E -W -M -U -L -S -O -N.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Mr. Molson, you were sitting next to me. You heard my testimony. Was I truthful?
yes uh was i complete yes uh do you adopt my testimony as your own i do okay questions from
the board yes uh two questions one what's being done on the property to keep the future tenants
from interfering with the steep slope is there retaining wall or a fence um place in the backyard
Let me go to the earth moving plan.
So here's the earth moving plan.
You can see that the tenants are in 267 Green Lane.
They are distant from the steep slopes, which are in the rear of what will become the two Boone Street properties.
The Boone Street properties will not be tenant occupied.
They will be owner occupied.
I understood that, but I was just trying to figure out, like, is there any provision being put in the yards for those owners when they purchase the property?
Yes, if I can go back to the aerial image, I think you'll see there's a terrace on the rendering.
Here we go. You can see here that there is a terrace, a little retaining wall on a terrace to separate the occupied area from the steeply sloped remaining rear yard.
Yeah, I just didn't I didn't see the retaining wall on the plant. That's why I asked. And then how is water drainage being managed so that the water doesn't run down the slope into the house?
well the area of disturbance is less than 5 000 square feet so uh water regulations are
pretty limited here um it will be yeah less regulations i was more so wondering
what provisions were accounted for in the design yeah i it may be over my pay grade um cheryl let
me let me see if uh andy can address that i'll step in um thanks for the question uh yes we're
being very conscientious about the water coming down off that hill. We understand, of course,
with some of the most recent heavy rains we've gotten. Then we're also going to have an egress
window back there. So we will be putting several yard drains in the rear there as well as handling
it with the pitching and sloping and everything like that. We will be tying into the city storm
water system on this. So it's not like we're dealing with trying to capture and preserve any
of this storm water. So we feel that we can definitely mitigate this properly without it
So we feel that we can definitely mitigate this properly without it being a concern for near neighbors and, of course, for the new properties as well.
being concerned for.
Are those yard drains connecting to the city sewer through the basement, through the existing sewer pipes for the house?
Well, no, no. So these are new homes so that we have all new sewer connections and stormwater connections.
Those stormwater connections, typically we run on the outside of the property as opposed to bringing them in through the property.
Does that answer your question?
I think so.
And then my question for the parking, is there an easement on the current, I guess they're all going to be new lots, on the, I forget which street it is.
Yes, this is Boone Street, and there is a cross easement between 267 Green Lane and this first property on Boone Street, because that curb cut will be shared by those occupants.
And assuming that that stormwater pipe is now running underneath that paved surface, is it on the Boone Street property?
Yes, it'll be in the shared easement. It's on the Boone Street property.
It's on the Boone Street property. The shared easement really addresses the curb cut and just, you know, the parking area.
I don't have it in front of me. I don't have it on the exhibit, but it's basically this area right here, which is shared.
yeah i just wasn't sure from the fence line from the adjoining property i wasn't sure where the
property line was from comparing the rendering to your site along this fence line is the property
line but you couldn't get in and out of this parking space without accessing part of the
boone street property it's true right okay all right all right other questions questions or
comments from our attorney hillary emerson uh just noting that there is a corrected refusal
Mr. Chair. Thank you. Questions or comments from the virtual audience?
I do not see any hands, Mr. Chair. Planning Commission.
Apologies, Mr. Chair. I had technical difficulties. Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change to the current RSA3 residential single -family zoning
at this location the proposed configuration of parking is insuscitated by the unique physical
conditions of the property the appellant has not satisfied the arborance requirements in section
9 .4 .6 .3 of the planning commission regulations in order to arrive replacing any trees as identified
in the arborist report and on the site plan accompanying photographs must be must represent
the entire tree from crown to base and must be taken during the tree's most recent period of full
foliage. Under the regulations, the trees that were deemed healthy must be replaced in kind,
can be waived if certified as dead or damaged or diseased, or pay $1 ,000 per tree in fee of
replacement. The appellant has confirmed that they do not wish to pay the $2 ,000 fee in lieu
to waive replacing trees and instead seek a refusal for landscape regulations. They also
have the options to eliminate the refusal through submitting a compliant arborist report. The
The appellant refused both administrative remedies.
The Planning Commission recommends that the Board grant their requested variance for parking
and deny their requested variance for tree replacement.
Thank you.
MI 2025, 001 -339 -267 Green Lane.
I vote yes.
Proviso per refusal dated 7 -15 -25.
Michael Johns, my vote is yes, with Proviso.
Cheryl Gaston, my vote is yes, with Proviso.
Tanetta Graham, my vote is yes, with Proviso.
Ryan McAdams, my vote is yes, with Proviso.
Tyra Wynn, my vote is yes, with Proviso.
Thank you, counsel.
Thank you.
Thank you.
Adam, we need five minutes.
We're going to take a five -minute break, but I promise you, you'll be right back.
and my 2025 is zero zero one three four five twelve sixteen shaka maxon street adam labor
is the attorney good afternoon mr chairman members of the board adam laver la vias and victor er of
blank rome one logan square on behalf of 1216 shaka max and partners llc the owner of 1216
Jacquemaxon Street and 1213
Frankfurt Avenue, contiguous
properties. Do you swear or affirm to tell
the truth, the whole truth, nothing but the
truth? Yes, Mr. Chairman, I do.
Do you waive the refusals
and agree with their accuracy?
Yes, Chairman Bergman. I will notice that
Yes, Chairman Bergman.
I will notice that the Fishtown Neighbors Association vote was 27 in support, 11 of them near neighbors, a letter of unanimous support from Fishtown Kensington Area of Business, and a letter of non -opposition from Council Member Young.
the Fishtown
Neighbors Association
Please start your presentation.
Thank you very much.
And I do note that I believe representatives of the coordinating RCO are with us virtually.
Blank Rome represents the owner of these two properties, which are contiguous, consisting of a relatively recently constructed structure.
You can see the residential entrance off of Shackamaxon Street.
The focus of today's hearing and the request for relief is actually concerning Frankfurt Avenue on the other side.
And you have that property there, that image there, just behind that white station wagon along Frankfort Avenue.
What was previously built is four residential units accessed off of Shack and Maxson Street with vacant commercial along Frankfort Avenue.
And you see that Frankfort Avenue photo here.
Doug Jordan is managing partner of the ownership entity. He has appeared before this board
previously. He extends his regrets as he's held up due to a flight delay and not with us this
afternoon. However, virtually, we do have Emory, E -M -O -R -Y, Emory Land, who is director of
construction and facilities of the proposed commercial tenant, 7th Street Burger. I'd like
to move to some additional photos. And right now, we are still along Frankfurt Avenue.
The property itself has the four dwelling units above the ground floor. The proposal before the
board for special exception, for special exception relief, calls for a takeout restaurant. It's
approximately 1 ,338 square feet of that ground floor interior, plus 590 square feet of outdoor
space along Frankfurt Avenue. The outdoor space is courtyard style, meaning it's within the
property line out of the public right -of -way, accessed only from within the restaurant.
And here you can see what that space looks like now. We really believe it's going to be transformed
in a dramatic and enchanting way, as many of our spaces are in Philadelphia neighborhoods.
and it's important to note on behalf of the property owner that with the four residential
dwelling units there vis -a -vis sound and traffic etc there really is a synergy of interest in that
Doug wants to maintain the best living environment for both those who live in his property and the
surrounding area in which he's a vested stakeholder.
Here you can see some streetscape photos
which are likely familiar to this board.
The proposed restaurant would incorporate
the neighborhood -oriented retail feel of Frankfurt Avenue
while preserving the residential feel of Shackamaxon,
which was that first photo that I showed you,
which really will remain residential,
not be touched by the proposed fit -out of the commercial space.
And here you can see some interior photographs of the ground floor commercial space.
We're at the back of the space looking towards what would be windows out onto Frankfurt Avenue.
And some conceptual renderings.
So as I mentioned, the proposal is for 7th Street Burger.
i'll tell you more about that in a moment and you can see a concept of what it would look like
to the right where you see the ivy beyond that is that courtyard space that i showed you
and here you see some interior renderings showing seating for approximately 17
And from the focal point of where we are, farthest away from Frankfurt Avenue, would be the ordering counter back of house.
And here you see, having walked into Seventh Burger, what you would see.
So towards the back, before back of house, would be fully accessible restroom area.
and you can see two or three folks towards the back lining up for their meal.
The property itself is located in the CMX 2 .5 zoning district, which generates the need for special exception relief, which brings us here today.
The property itself is located in the CMX 2 .5 zoning district.
It's actually two special exceptions that are required.
One is due to the neighborhood commercial area overlay district, which generates the need for special exception relief generally for all types of restaurant use.
whereas CMX 2 .5 would require a special exception for takeout.
So it's a double special exception, if you will.
And here I've highlighted those two requests for referral,
as noted by the Department of Licenses and Inspections.
The proposal calls for the fit -out of the tenants based on the ground floor.
for 7th Street Burger, which specializes in smash burgers.
Existing locations of 7th Street Burger are in the New York metropolitan area,
as well as New Jersey and Washington, D .C.
One of the nice features of the newly upgraded property
is that there is built -in commercial trash pickup for the entire property,
And together with the residential, which is in place and operating well, the commercial trash pickup will join together so you don't have extra pickups.
And trash pickup would be the only portion that would impact Shackamaxin is the trash, which is already there.
So fewer trash pickups and deliveries.
The project is supported, as noted by Chairman Bergman, by the Fishtown Neighbors Association.
and the Fishtown -Kensington Area Business Improvement District.
And we appreciate the partnership with them
in helping to maintain the residential feel along Shackamaxon
and add to the vitality of a vibrant Frankfurt Avenue.
Just some operational notes for you.
No liquor is proposed for 7th Street Burger.
Just to underline and underscore, indoor trash storage is an important component of this with the private trash collection during mid -morning hours, which is increasingly an issue for our neighbors throughout Philadelphia.
So that's an existing operations positive. The proposed hours of operation for 7th Street Burger, as discussed with the community, would be 11 a .m. through 10 p .m., Sundays through Thursdays, and until 2 o 'clock a .m. on Fridays and Saturdays, with one important note, which we brought to the community proactively.
The outdoor space, which, again, is going to be a nice component, is proposed to close at 9 p .m. on all days because this is a densely, a dense community of the mix of commercial and residential.
And that makes sense.
The building has been designed with venting through the roof.
7th Street Burger anticipates approximately three through five employees per shift, which will be nice to add to the economy.
The proposal fits into the surrounding neighborhood as evidenced by the support of the neighborhood stakeholders, which also speaks to the granting of relief being of benefit to the public and within the spirit of the zoning code.
As I mentioned, we do have Emory Land virtually at the appropriate time.
You have someone coming on to adopt.
Yeah, yeah, right.
Somebody's going to call on him, right?
Yes. Emory Land, would you please raise your virtual hand to be recognized by Chairman Bergman?
All right. I'll be coming back in as a panelist shortly.
Thank you, Mr. Hand. There's Mr. Land. Emory, please unmute so Chairman Bergman can speak to you.
Yes. Hello. Hello, everyone. Good afternoon.
sir, could you please state your name as spelled for the stenographer? Sure. Emory Land, E -M -O -R -Y
L -A -N -D. You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. Please proceed, counsel. Thank you, Mr. Chairman. Good afternoon, Mr. Land. Is it
correct that you've been present during the entire pendency of the hybrid proceeding of
the Philadelphia Zoning Board of Adjustment this afternoon? Yes, that is correct. And would you
adopt and affirm the testimony that I've offered as your own? Yes, I would. Thank you, sir.
Questions from the board? Yes. Can you explain the outdoor seating and how that's going to work?
Yes, Mr. Johns. The outdoor seating is accessed only via the
The outdoor seating is accessed only via the interior of the proposed restaurant.
Patrons would, I'm trying to go back to the area.
Just bear with me for a moment.
I'm just trying to figure, because you said it would be all internal to the parcel.
So if you look towards the left of the plan, which is Frankfurt Avenue, there is a door into the restaurant, into the existing structure.
That is the only way to get in to both the inside out of the elements restaurant and the outdoor seating.
So one would have to walk into the dining area and out the door to the outdoor dining, which would be a landscaped area, which would close at 9 p .m. every evening.
And is the outdoor area covered in any way?
It's not covered from the elements. It's open to the elements. But the intent is to have as much of the plantings to add aesthetically, but also as a sound dampener to a certain extent.
And the wall is already there because it looked like in photos there was a garage door access to the sidewalk.
Yes, you're absolutely correct. That is there and it will not be opened to the sidewalk. So here we're looking from the inside, Ms. Nguyen, and from the outside you can see it there.
It will be spruced up, it will be camouflaged, but as we shared with the community, it is in the interest of the property owner, the existing residents, and quite frankly, to our knowledge, both residents and businesses around to maintain the courtyard as not visible to the outside.
We do have, as you'll see even in this photograph, large open windows into the main area of the restaurant.
And then two other questions.
One, oftentimes places, I'm assuming they have fries at this smash burger place, usually things that have a hot grill tend to have more fumes and off -gassing.
Is there anything that's been done for the restaurant fit out to sort of mitigate transference to the units above?
Yes. The building was designed to have the venting through the roof so that it neither negatively impacts neighbors or residents who are there already. So that's why I refer to it, I think, appropriately as a synergy of interest.
And then what is the plan for deliveries? Understanding trash is going to be out of that trash room at the rear. What's their plan for deliveries and frequency?
Yeah. Like all of, I would say all, or shall we say most of the restaurants and other retail commercial businesses along Frankfurt Avenue. It's working together. It's working together with FNA and the streets department on where loading zones are appropriate because it is intended to come in off of Frankfurt.
We want to respect the smaller -scale residential feel along Shack and Maxson.
And I believe Mr. Everett is here, but we've made a good -faith commitment to trying to coordinate those efforts because it's difficult.
Any other questions?
Questions from our attorney, Hillary Emberson.
Not at this time, Mr. Chair.
um questions or comments from the virtual audience yes chair i have a hand up from a
jeremiah polly i will promote them and they should be back in shortly sure
Mr. Laver, while we're waiting, do you want a proviso for time?
I don't think that it's necessary.
Do you have an agreement with them?
uh we've made statements to to the community which we intend to honor right okay
sir hello hi yes sir could you please state your name and spell it for the stenographer
yeah my name is jeremiah polly j -e -r -e -m -i -a -h and my last name polly is p -o -l -e -y
why do you swear or affirm to tell the truth the whole truth and nothing but the truth
I do please proceed um yeah I'm the tenant that live directly above this um
Yeah, I'm the tenant that lived directly above this.
If you go back to that original picture that was shown from the Frankfurt side of the street,
I'm the unit that kind of juts out a little bit.
There's like a nook.
Yeah, perfect.
Thank you.
That brown nook that juts out.
So a couple of questions that I would have at this point certainly have to do with found
and how late it's open.
um for for the way it's working right now with with nobody below there uh we have two sound
issues that happen one being that that brown um uh nook that shuts out is our living room and
we there there does seem to be some issues we get wind that comes through there winds
uh sounds of wind uh we were never quite able to get it to warm up during the winter there's
certainly leaks there but also audio leaks so we can hear people below us um like they're in our
own living room is is certainly a concern um not only with the increase of people and conversations
that will be had from people out front of it but you know also the time that this would continue on
till 2 a .m um friday saturday uh i'm not sure if it was sunday or not and then the second sound
concern being uh that the way that that uh inlet where the courtyard is at works right now is that
it really sucks in all the sound from from frankfurt and from the street there and throws
it right into our uh bedroom which is the window on the side did he freeze i think so jeremiah
Jeremiah? He looked like he froze up. Jeremiah? Mr. Pauly?
I'm sorry, Chair. You may have froze up.
I have another hand from Rob from FNA. Looks like he's a chair from the RCO.
mr everett is all right why don't you bring mr everett on they'll be back in this panel shortly
hi mr everett
i'm here turning on the video how are you mr everett could you just
For the record, state your name and spell for the stenographer.
Sure. First name is Robert, last name Everett, E -V -E -R -E -T -T.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth, Mr. Everett?
Please proceed.
You already have our letter of support, so we're just here to affirm that.
Regarding takeout food at nighttime, a lot of the local businesses now have been using the Ubers and the Lyft people,
but they're driving the Indigo bikes that the city has a connection with
because there's several dock stations nearby.
So we see the delivery people using those bikes,
which is a lot easier for them to pull up, pick up,
and get out without affecting traffic at night.
Right.
Mr. Everett, thank you.
As always, you always get us on time.
Thank you, sir.
Yeah, thank you.
Anyone else in the audience?
No further answer, Mr. Chair.
um adam would you want to comment on the uh the one half a phone call we had there i i absolutely
would because i know that uh doug jordan would take that very seriously and will be interested
in following up uh both points uh are taken to heart the difficulty of mixed uses uh particularly
in this neighborhood uh it's an issue if it's not addressed appropriately we do believe um mr
Pauli, if you can hear me, and we'll reach out to you afterwards, that the proposal to improve
the courtyard area will actually help to dampen sound, not to suggest that sound is not an issue
because it is, but will help to dampen sound. And I think that we should take a look at that
bay window area and see what we may be able to do to help to minimize the sound from that issue.
Doug Jordan definitely wants
residents and the commercial
experience to coexist well
and we're committed to that. We'll follow
up. Is there anyone else in the virtual audience?
No, Mr. Chair, no further hands.
Planning Commission. Amy Boyd
with the Planning Commission, AMY -BOYD.
The comprehensive plan
recommends no change in zoning
to the existing RSA -5
To the existing RSA 5 residential single family, the appellant has demonstrated that the proposed use would not cause detrimental impacts beyond what would reasonably be expected.
residential single family. The appellate
The Planning Commission recommends a board grant that requested special exception for sit -down restaurant and take -out restaurant, and sorry I misspoke, CMX 2 .5.
Thank you. MI 2025 -001 -346 -1216 Shack and Maxson Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Iowan, my vote is yes.
Thank you, Mr. Chairman and members of the board.
Andrea?
Thank you.
Thank you.
I appreciate it, Brian.
Sorry we kept you so long here.
I mean, I know you started out a little bit earlier.
All right, so number 10, MI 2025 -001 -404 -913 North 6th Street.
Andrea, could you state your name, and you've already been sworn.
Good afternoon again.
Andrea Solomon, A -N -D -R -E -A -S -A -L -O -M -O -N.
I'm here on behalf of the applicant, my new home, LLC.
um do you um um do you waive the reading of the refusal agree with its accuracy i do i just want
to note for the record that since the original lni application manu home has reduced the number
of dwelling units for this property originally the application was for three units in conversation
with the architect they've reduced it to two units to provide more generous units in the
multifamily. I notice you have a support from Northern Liberties Neighbors Association for
two dwelling units and also non -opposition from Council Member Young, including there's an
application and a petition of support with four signatures. So why don't you start your
presentation? Okay, thank you. Yes, this is a PHA owned property. So Manu Home is under agreement
of sale. It will have a deed restriction and remain affordable housing. Okay. Yeah, we're
really excited about it because this is a PHA property that has been sitting vacant for quite
some time. So this will allow to bring it back into the housing stock and provide more affordable
housing units. As Chairman Bergman stated, we have support from Northern Liberty Neighbors
Association. We worked really collaboratively with them throughout this process and have their
support. Manesh Shandwani is here with me today. He's the president of Manu Home, and he also
went out and got this petition of support from many near neighbors. On the block, we have the
refusal. So Manu Home is, the mission of Manu Home is to partner with different nonprofits
throughout the city to provide a housing solution for nonprofits that have seen a critical gap in
the services they provide and really need the housing to fill and provide long -term
stability for their participants. This particular property will be coordinating with the Women's
wellness space. Their headquarters are in 915 Spring Garden. They provide mental and physical
therapy services, financial education, really provide a safe space for women that have experienced
trauma. And they've identified this housing need in their participants. Right now they have 16
woman that they've identified as in need and eligible for long -term housing uh and this is
the non -profit that manny home will be uh coordinating the the tenants with i'm partnering
with uh the property is zoned rsa 5 um however as you can see from the zoning map the block is
largely a multifamily. Actually, this property also has a history of multifamily use. It's been
a two -family, a three -family, a four -family. It has most recently been used as a single -family.
However, it's been vacant for quite some time now. This is where the property is located,
uh close to poplar street uh
a view of the exterior of the property which has been boarded up um the neighbors are quite
the neighbors are quite excited about it being habited again there have been squatters there
excited about it being habited again there has been squad
have been vermin and they're happy to see it uh re re renovated um the other side of the street
this is the interior of the property as it stands now as you can see it's an um it needs quite a bit
of repair. Hence the agreement of sale with PHA. They don't have the capacity right now to do
the renovation. This particular property is currently configured with six bedrooms,
two baths. The proposed plan is to reconfigure it for two two -bedroom units.
the trash will be stored internally and in the rear yard um we're happy to answer any questions
that you may have about the design and about the programming uh and with that we we asked for the
board's approval and granting the request the requested relief and i'll ask manash be sworn
in so he can adopt my testimony um what's in the basement there is living in the living space in
the basement for the first floor unit and some mechanical storage um there's no bedrooms uh but
it it does have the living space uh just to provide more space for the first floor unit
why don't you bring your client on sure sir could you please state your name and spell for the
stenographer.
Why don't you get closer to the mic and make sure it's on?
Manesh Chandwani.
First name is spelled M -A -N -E -S -H.
Last name C -H -A -N -D as in Delta, W -A -N -I.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Manesh, can you just state for the record your relationship to Manu Home?
Yeah, so I am currently the president and CEO of Manu Home.
And like Andrea said, it's an initial project to work with different service provider NGOs in the city that offer services such as financial health and spiritual health and mental health training and job training and employment recruitment.
But their participants don't have sort of a housing solution.
Housing could be quite like arduous and hard to sort of go into.
So the idea is to start with this program and work alongside the women's wellness space, see how their participants do in sort of housing, and then hopefully take this program to other service -oriented programs in the city to offer them a housing solution for their participants.
And Manesh, you saw my presentation in full, and it was true and accurate?
Yes, it was true and accurate.
And do you adopt it as your own testimony?
Questions for the board?
Well, first...
Did you see the whole plan?
Go ahead.
The first problem I have, as I always do, is the fact that you're going through a bedroom to get to the backyard.
So that's always an issue for me.
I don't see any exit wells out of the basement.
You'd have to put those in.
I've got a concern with the depth of the basement below grade, considering the elevation of the front of the first floor is probably only about three feet or so above the pavement.
So, that living area would be almost completely submerged underground. So, those are three big concerns for me.
Okay. Other questions?
Where is the trash being stored for the second floor unit?
It will be stored internally. There's a closet space here.
It says coats.
yes these are schematic plans but they'll be stored internally
all right other questions yes um the there's what is this two bedrooms one bath on each floor here
there's two bedrooms two baths both units where's the second
Okay. All right. Okay.
Other questions?
Questions or comments from our attorney, Hilary Emberson?
Only to note that because the original application was for three dwelling units,
if the board approves two, we would need to add a proviso.
So what's the proviso?
The maximum two dwelling units since the refusal is for three.
since the refusal is for three. Thank you.
Thank you.
Questions or comments from.
Questions or comments from the virtual audience?
Yeah, I do not see any answer for the matter.
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change to the existing RSA 5
residential single -family zoning at this location.
The majority of parcels on this block are two or three -family.
However, this is one of the smallest parcels.
The proposed three -family is out of scale with the block's density, and it is not the least minimum.
The Planning Commission recommends that the board grant the requested variance with proviso max two -family.
You said three units, right? It's two, right?
It's the refusal says three. They're asking for two.
I'm over. I'm over. Okay. All right.
So MI 2025, 001, 404, 913 North 6th Street, I vote yes with proviso. Maximum two units, no basement household living.
Michael Johnson, I vote yes with proviso.
Cheryl Gaston, my vote is yes with provisos.
Teneda Graham, my vote is yes with provisos.
Ryan McAdams, my vote is yes with Provisos.
Tywin, my vote is yes with Provisos.
Okay, number 11, MI 2025 -001459 -7202 North Marshall Street.
Andrea, just state your name for the record, please.
Andrea Solomon, A -N -D -R -E -A -S -A -L -O -M -O -N.
Represent the same owner?
Correct.
And I see that there's a letter of support from APM
and also a letter of non -opposition from Council Member Young.
Could you start your presentation?
Absolutely.
A relatively similar presentation.
I'll just state everything for the record.
We do have the support of
Association Puerto Ricanos and Marta.
Manesh also went out and received a petition of support
from near neighbors.
And this refusal will also need a proviso
So for two living units, the original application was also for three, and we've since reduced it to two dwelling units.
I already spoke to you about ManuHome.
They're partnering with various nonprofits around the city to provide a housing solution for nonprofits that see a housing need as a critical gap in the services they provide.
This property will also be partnering with a women's wellness base who's headquartered not too far from the property, and they've identified at least 16 women that are in need and eligible for long -term transitional housing, affordable housing.
uh here it is a similar scenario that while um the property is zoned rsa5 the block is largely
multifamily in fact the two adjacent properties are a duplex and a triplex and i'll share
the photos of the property
it is also PHA housing it's been vacant for over six years and so the interior of the property
is quite in a bit of need of repair this property is currently configured with five bedrooms and
one and a half bathrooms so this will also be a reduction in the number of bedrooms um but
provide providing you know a respectable housing density um this configure proposed configuration
is for two units um both one bedroom sorry one one one bedroom unit and one two bedroom unit
um the trash will also be stored internally as i mentioned in the prior property
and we're happy to to take any questions what's in the basement there this property also has the
living room in the basement and just utility and storage sorry bathroom in that basement
no bathroom in the basement right no it's just uh the other one other one disk the other one
had the bathroom all right questions from the board yes i have a question about property management
One, understanding your company's new to this market.
How are you going to be managing property across all of the different partners that you have?
Yeah, so we have identified a young woman that has been working at the women's wellness space for over two and a half years.
She currently is their office manager.
She currently is their office manager.
She's been doing so well there.
She's been doing so well there.
And so she.
And so she has been identified as being the person.
Can you speak a little more into the mic?
She's identified as a person as a property manager.
Also, she's worked alongside the women at the space that some of the women who will be utilizing the housing.
So not only will she have that property manager status with them, she also has a connection with them where she can, you know, answer questions from them or take care of maintenance requests.
And so it's someone they feel close with already.
And then are the tenants going to be on traditional leases or is this more like short term or emergency housing?
Yeah. So this is not short term emergency housing. The idea is to give the women a chance to start to build generational wealth.
And so this will be we call it like short term and long term traditional one to three years of a lease.
It'll be signed as a traditional one year lease. And at the end of three years, we'll be able to decide if they can extend it or not based on where they are financially.
They also have goals to save as they're living in these homes so they can, you know, find their own afterwards.
And then are there any affordability metrics placed on the units for the tenants?
Yeah, it'll be strictly followed by the affordable housing rules of PHA with the restricted deed.
So restricted deed. Okay.
Other questions?
I have the same issues I had with the last one.
Questions from our attorney, Hillary Emerson.
Not at this time, Mr. Chair.
Questions or comments from our
virtual audience?
Do you not see any hands raised, Mr. Chair?
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change
to the existing RSA 5
residential single -family zoning
at this location. The majority of the parcels on this block are two and three family. The
planning commission recommends the board grant the requested variance with proviso max to a family.
MI 2025 001459 1702 North Marston Street. I vote yes. Proviso. Maximum two dwelling units.
No household living in the basement. Michael John. My vote is yes with proviso.
Cheryl Gaston, my vote is yes, with provisos.
Tanetta Graham, my vote is yes, with provisos.
Ryan McAdams, my vote is yes, with provisos.
Iowa, my vote is yes, with provisos.
Thank you, counsel.
Thank you very much.
I hope we held you here all day.
Number 12, MI -2025 -001 -465 -5651 -63 Walnut Street, TA -55610.
Devin Upta is the attorney is the attorney.
There's a letter of non -opposition from the RCO.
Good morning, Commissioner.
Position of neutrality.
And there's a letter of opposition from the generalists.
So West Philly Economic Development Council is non -opposition.
And the generalist is against this.
Morning, Commissioner.
There are.
Hold on a minute.
There's 28 signatures from neighbors.
nine from the 55 and the 5600 block on Walnut Street
and four letters of support,
two from the 5500 block on Walnut Street.
Counsel, could you please state your name
and spell for the stenographer?
Yes, Devin Uqda, U -Q -D -A -H.
Right, do you swear or affirm to tell the truth,
the whole truth and nothing but the truth?
Counsel, could you identify your client
and the relationship to the property?
My client is actually here with me.
Mina Perez.
And this is not a, this is a referral.
Do you agree with its accuracy of the referral?
Why don't you start your presentation, please?
May I share my screen?
Please.
let me know when you can see it
we're good we're good you're good you can see it okay um so commissioner yes this is the address
for 56 51 -63 walnut street um before i get into it just to offer you some background on the
property um this is a gas station as currently states um in the past in 2022 um that we already
received the approval to remodel the gas station so basically um the gas station will be remodeled
and it'll be expanded and be larger and modernized um this specific what's in front of you now is
What's in front of you now is specifically to add hot food to that, right?
specifically to add hot food to that, right?
So we've already...
So we've already received the approval and been through the process to actually do the remodeling and building a property or rebuilding a property.
So now what's in front of you is specifically for serving hot food.
So here's a letter of refusal.
As you can see, the reason for the review is where it's a proposed use takeout restaurant requires special exception approved from the Zoning Board of Adjustment and the CMX Commercial Zoning District.
So again, although you'll see pictures of the property, we're only referencing the food aspect of it.
Here's the application of the appeal. Here's the deed to the property.
Again, the deed is owed by Sire Investment LLC. I'm here with Mina Perez, who's a member of the LLC.
You can see that the deed was recorded. So going into some pictures of the area. So
this property, again, is on Walnut Street on a commercial corridor. And one thing I wanted to
note to just drive from the idea of what a commercial corridor is, Philadelphia defines
a commercial corridor is a concentrated area of business businesses within a neighborhood that
provide jobs and offer residents local local access access to good services so as you look
at the pictures you'll notice that on walnut street there's a bunch of businesses in the area
and on a block um there's a the restaurants across the street and on the same block as it there's a
beer distributor there's all type of business because the street is on an actual commercial
corridor um in reference to the area so again it's a commercial corridor all of this area is
commercial on the block. So here's a current picture of the gas station as it stands now.
Here is the part of the gas station. It's small. It's only room for a person to actually
just work inside. So you're not, if you actually pull up to the gas station, you're not able to
actually go inside the actual area where the person is. It's just one person working. You
would like walk up to the stand. And so here's a picture of what the street currently looks like.
It's a restaurant, Family Dottos across the street.
And here's a bigger picture of what the current state
of the gas station looks like.
So again, you will walk up here to the counter,
well, I guess to the screen,
speak with the operator who's inside.
There's only room for one person to be inside.
Get your gas or goods,
whatever it is that you're looking to buy.
Ideally, when you see the new pictures,
what you'll see is that what's already been approved
is for this to be revamped and made larger so that people can actually go
inside the actual property. So again, we already have the proof of that. We're just
looking to add the ability to serve hot food when you do go inside. Here are some
pictures of it at night. So in the traffic in the area. Here is a restaurant. So this is a Chinese
store. It's a restaurant that's exactly across the street. And here are some pictures of other
commercial buildings in the area. It's a Rite Aid down the street. It's a whole plaza down the
street. So again, it's in a very, very commercialized area. So now we're looking at some internal
drawings of what we would be doing. So this would be the entrance to the property. This is the
counter here. Here's will be a grill and a sink and a kitchen area, and there's a bathroom in the
back. So again, currently, as it states now, you're not able to actually walk into the actual
property. Ideally, what's already been approved is the ability to build this so that you can walk in
and actually go inside the establishment
and buy stuff from the concession stand
and stuff like that.
Again, we're looking to be able to add the ability
to serve hot food in the establishment, though.
So here's what the property will look like
once it's revamped on the outside.
It's a corner property.
Here's an additional picture of what it will look like.
So as you can see, it's a lot larger,
and you're able to actually enter it inside the building.
Looks like cleaner and is modernized. Again, here's some drawings of actual property.
And then here are some petitions signed by neighbors. So now I will preface that these petitions are signed by neighbors to the property.
However, they are not the RCO near neighbors, right?
So these are people who, so just for clarity, when we filed these petitions, when we filed with the RCO, when we filed with the RCO, we're given a list of near neighbors who will be impacted, right?
These addresses were people who were within two blocks of the actual property.
So the RCO notification, it does not list them as near neighbors.
However, they are within two blocks of the actual property and they were in agreement with the project.
Um, additionally, here are letters from neighbors.
Additionally, here are letters from neighbors who were within two blocks of property, and they supported it as well.
This is the proof of mailing. We had the community meeting. We actually had two community meetings. The first meeting was June 18th, proof of mailing.
this is the letter so chair mr chairman you mentioned that the west philadelphia economic
development council they sent in a letter i believe this morning and um basically they stated
that they were um not in opposition they were not opposed to the project the rco date and this is the
um coordinating rco and they were not opposed to the project right um this proof of tax compliance
This is a proof of posting. I also have a few people on this call who are actually, I should have five of them, who actually are affected neighbors that we're going to speak when I call them so that they can, you know, give their opinion of the property and show that they are in support of it.
So if possible, Mr. Chairman, I'd like to call some of them up to speak of their support.
You want to call them as your witness?
Yes, please.
Go ahead.
Okay. On the first I'm going to call is the block captain, Karen Johnson. Are you on the call?
Please raise your virtual hand away to be sworn in.
Ty, could you please state your name and spell for the stenographer?
I'll be coming back in shortly, Mr. Chair.
Sure. Thank you.
Is she in yet?
Commissioner's in now.
Would you please state your name and spell for the stenographer?
Ms. Johnson?
Can you hear me?
I can.
Could you please state your name and spell it for this phonographer?
Yes, sir.
Karen, K -A -R -E -N, Johnson, J -O -H -N -S -O -N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Ms. Johnson, could you turn your video on, please?
OK. OK. All right. Proceed, counsel.
Good afternoon, Ms. Johnson. How are you? I'm fine. How are you?
Great. Great. Would you mind for the record stating your address?
Yes. I'm at 216 South Frazier Street. I'm off to the block center, the whole 200 block of Frazier Street.
OK. Thank you. And Mr. Chairman, for the record, 216 South Frazier Street is an affected neighbor.
just for the record. Okay. Ms. Johnson, could you explain to the board why you're in support
of the project? Yes, it's a commercial corridor. We need more variety, and I support the hot food
application for this project. There's not a lot of places for us to eat around here but two Chinese
restaurants and they're not restaurants they're walk -in like places like that so i support this
project wholeheartedly okay thank you thank you thank you devon who's your next witness yes um jasmia
deluge thank you it's me at the mooch please raise your virtual hand to wait to be sworn in
deluge sorry deluge with an
jasmir deloach
Hello?
I'm a virtual audience.
These are the next hand.
Who's your next witness, Devin?
Yeah, James and Kathy Lawton.
All right, Mr. Chair, they should be coming back in as a panel.
Okay, thank you.
Wait, which one is coming in, James and Kathy Lawton or Jasmia Deluge?
Both of it, James Lawton.
Okay. All right. Perfect.
Oh, wait. I'm sorry. They must have put their hand down for some reason.
James Lawton, if you're still in the audience, please raise a virtual hand away to be sworn in.
James Lawton, if you're still in the audience, please raise the virtual hand away to be sworn.
Do we see him?
Yes, but now they're coming in as a panelist.
Mr. Lawton?
What's that?
Could you unmute yourself, sir?
Hi, could you please state your name and spell for the sonographer?
Kathy Lawton, L -A -W -T -O -N.
Right. Could you put your video on? Is that possible?
All right, Devin, start your presentation.
Ms. Lawton, could you state your address for the record?
This is Mr. James Lawton, 141.
I live on the first house of the court.
Wait a minute, wait a minute, wait a minute.
Mr. Lawton, state your name, please, for me.
James Lawton.
It's spelled for the court stenographer.
J -A -M -E -S -L -A -W -T -O -N.
Do you swear or affirm the tell the truth, told truth, nothing but the truth?
please proceed counsel um mr lawton could you state your address um for the record
141 south 57th street on the first house okay so mr chairman just just to give i understand i
understand his house is the house that's directly next to the property so if when i when i put the
presentation it's basically the back of the gas station i understand okay um mr lawton could you
explain to the to the board um why you support this project oh i support the um the hot food
applications because that gas station is just like it's like it's abandoned it's like it's
they're attracting unworn attention i'm on the corner i got grandkids i got kids that comes over
here and supporting that it gives them a variety to go someplace to get hot food that that's that's
that's um more um more safe because that's not safe at all you know they got a chinese restaurant
across the street everybody don't eat chinese food so bringing that gas station with the hot
food there gives me personally right there i could just come out my my house or my grandkids
or my child come out of my house
and actually go get something affordable
that's more different than, you know, that they like.
It's very much needed in this community right here.
All right. Thank you very much.
Devin, do you have anyone else?
Yeah, I think Jasmia Deloach is, I see her in audience.
Is it going to be the same testimony?
Hello?
Kai, could you please state your name
and spell for the stenographer?
hi my name is jasmia deloach j -a -s -m -i -a -d -e -l -o -a -c -h right and devon could you ask her
if she's in favor of the project for us yeah miss lucius i'm sorry just mr would you say your address
mr lucius what address are you at 124 south 56th street okay and mr chairman for the record
she is um and miss mr lucius are you in support of this project yes i am okay all right
Was she sworn in, Mr. Chair?
Do we swear her in?
Mr. Looch,
did you swear or affirm
to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Devin, do you have anyone else?
Is Sean Johnson
on the call?
Sean Johnson?
Sean Johnson,
they should be coming back in as a panel shortly.
yes good evening mr johnson could you please state your name and spell for the stenographer
uh sean johnson that would be s -h -a -w -n -j -o -h -n -s -o -n right do you swear or firm to tell
the truth the whole truth nothing but the truth yes i do devin could you ask him whether or not
he's in favor of the project or not yeah um mr johnson for the right could you state your address
uh i'm on 122 south 57th street okay mr chairman just for the record that's an effective neighbor
um mr johnson are you in support of this project yeah being right right across the street from the
project uh i'm in favor of it i think that would stop the loitering all right thank you very much
i think that it would stop the loitering all right thank you very much devon have you
brought your owner on yet no i can bring him i can bring him why don't you bring him on to
adopt your testimony sure sure one of the members is here with me i'm going to turn my
okay hi could you please state your name and spell for the stenographer amina perez a -m -i -n -a -h -p -e -r -e -z
do you swear or affirm to tell the truth the whole truth nothing but the truth
Thank you, Devin.
Amina, did you hear my testimony?
I did.
Did you testify that it was true and accurate to your knowledge?
And do you adopt my statements?
Okay, thank you.
All right, Devin, I'm going to have questions from the board.
Devin, my first question is, this just says food to go.
Am I correct?
You walk in and get the food, you leave.
Take out, yes.
That's all it is.
Okay, all right, questions from the board.
Oh, yeah, I do have a couple of questions.
What's the status of the upgrades to the existing gas station?
Because that gas station is ragged.
It really is.
It looks like pumps don't work.
It's just a horrible situation.
Right.
So the idea is that assuming we get this approval, everything will just start all at once, right?
So they'll shut down everything.
It'll be just done all at once.
The remodeling and everything.
They'll build out the kitchen that's needed for the takeout restaurant. So it all happened at one time.
Right. So I'm hearing from the community that there's some support for the project for this for this takeout restaurant.
What what is the proposed menu for the restaurant?
what a proposed menu is a you know just preliminarily a chicken dish some vegetable
dishes some starches some kind of potato and or rice um a vegetarian option and you know
it'll rotate it won't always be fixed okay so the other question the when i look at the plan
And it's only seven feet by 13 feet.
So you're only going to be able to get maybe about three people, four people in there at one time, in and out, right?
How are you going to deal with one of the statements that one of the residents said that this will stop loitering?
I don't know that having the takeout restaurant is going to stop loitering if loitering is an issue.
How are you going to, what's your proposal to deal with that?
Well, I plan to have more lighting.
I think the lighting will help.
Um, I've been talking to the neighboring business about, um, putting some lighting
out and, you know, if it became more of an issue, hiring, uh, security to ensure that
that doesn't happen.
And also the use of signage because currently there is none.
Um, but I've been out there in the community, I've been talking to people and I do think
that, um, when people start seeing the activity in the revitalization, just the aimless hanging
around will, will cease.
what's your proposed hours
for the for the restaurant
this gas station is open
yes so maintaining the same hours
the food would probably stop around
10 11 but the gas station will remain open
yeah the gas station will remain coming but the gas station stays open all night
correct
other questions from the board
does the interior store sell anything other than
the hot food
I mean it sells like normal
stuff that a gas station sells
yeah that's my question
but it's all behind
so how many
employees are
going to be operating
in the space
it will add three
full -time jobs after the proposed renovation. So it'll also add work and plan to hire from the
community, which will also help. Is it all under one manager? So like the person managing the
restaurant portion or the hot food portion is the same manager that's managing the convenience sales
portion? Yes. I mean, it'll be a team. I'm sure it might work better where, you know, like when you
going to a 7 -Eleven everybody kind of works together as a team depending on where they are
somebody might be doing um you know a drink while somebody might be getting somebody to hot food out
of it um you know that was not my question because at a 7 -Eleven they're all employees of 7 -Eleven
so I guess my question is are all of the employees that work at inside this building at the gas
station going to be under the same management team versus like if it was a sonoco and crunchy
versus like if it was a Sonoco and Crunchy Kitchen or Crunchy Chicken had rented out the
kitchen or crunchy
kiosk space to serve food? Is it all their one management team? Yes. I'm sorry. I misunderstood
your question. Yes. Okay. And then what's the plan? Because I know when you do have gas stations that
have hot food, they tend to also cater to people who are not coming by car and people who are not
coming to also receive gas so is there parking spaces on site for people who might be coming
just to do food pickup what's the plan for food pickup in line management i know across west
philly there's a few of these different types of restaurants that have opened up at gas station
sites and the traffic gets really really crowded some of them as much as a you know chick -fil -a
type takeout line. So what is the traffic management plan? The traffic management plan
is to have a really cohesive team if we need more employees to bring them on to make sure that we
move the line. But there is sufficient space in the parking lot currently. And I was talking to
the neighbor to the right. Their customers are currently using the parking lot to park. So
explaining to them that, you know, once we reopen, that kind of arrangement won't continue
to take place. We're going to have to have the parking lot available for the customers
of the gas station. I don't know if, Mr. Ucta, can you pull up the site plan again? I didn't
see dedicated parking spaces in the renovation plan for the gas station.
so it sounds like maybe a restriping yeah like i just want to understand so
so i can show it's actually when when we were looking at the pictures of the lot you actually
could see the cars that were parked there for a different business and they were lined up could
you show the photos yeah yeah but not the photos i'm talking about the actual plan that you have
for the new building did not it's bigger right so like there's going to be changes to the site plan
And it's not going to be based on what is currently there.
And I didn't see any dedicated parking spots on the site plan.
Sorry.
I think we're referencing this on this wall right here.
Rendering.
Devin, we can't hear you.
I said we're referencing is on this wall right here where my mouse is, this is another business.
So along this wall, when we're remodeling, you can do the dedicated parking.
So just restriping and painting right here.
And that's separate.
That wall is separate.
that area is separate from the actual parking
where people are getting gas.
It's also a spot where people are sometimes parking
their cars to go to the restaurant that's here.
This is what we're referencing, this area over here.
I got it. And that is part of
this parcel? Yes, correct.
But there's no site plan currently
for the whole parcel showing
car movement, the building,
and the pumps, and...
Well, these are pumps, and
I guess... Yeah, I know. I said a site plan.
This is a rendering. So there's no
No. No, it's not. Thank you. So I have a question about the dumpster. Just anticipating more trash with the takeout. The dumpster and any trash receptacles on the site plan.
Where is it located on the site plan? I'm sorry.
Other questions? I asked about the dumpster on the site plan.
Yeah, so basically it's going to be private dumpsters. So we would just also, the space is big enough that we can have dumpsters on site. And there's some already here now. So when we reopen back up, it'll also be dumpsters. And that's also something we mentioned in the RCO meeting that we were going to do and continue to do. We'll probably use dumpsters.
There's no RCO letter or summary. So what's the...
So the RCO submitted this morning a letter of non -opposition.
Right.
And the other RCO is against it.
Let's try to get through who else wants to testify.
Questions or comments from our attorney?
Not at this time, Mr. Chair.
What are your comments from the virtual audience?
Chair, I have a hand up from Evandeline Waring.
I will promote them, and they should be back in shortly.
Hello?
hi could you please state your name and spell for the sonographer
Uh, yes, it's Vandalin Waring. It's V as in Victor, A -N, D as in David, E -L -Y -N, last name W -A -R -I -N -G.
it's Vandalin Waring
it's B as in Victor, A -N, D as in David
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you a neighbor?
I am the generational RCO.
Okay, please proceed.
So, yes, I did submit a letter of opposition and speak to the neighbors over the last two
meetings. The near neighbors that were present on both calls were in opposition of the hot foods
being served. Unanimously, everyone on both calls, each call was in support of a brand new project,
new development, but not the serving of hot foods as it would not decrease the loitering.
It will increase loitering. It will maintain criminal activity that currently goes on at
that property, as some neighbors already mentioned. And they do not want the hot food served only for
this particular application regarding hot foods. In addition, the council submitted to you
petition signatures of neighbors that support the project. Council did also mention that they
were not near neighbors. I want to further explain that petition of 27 signatures
is in regards to a new construction, a new development,
not anything pertaining to this particular application regarding the serving of hot foods.
I also submitted a petition of near neighbors, 37 signatures total,
in opposition of the serving of hot foods.
Thank you very much.
Devin, do you have any questions?
No, I just want to reiterate.
The copy of the petition that I showed you, it does say on there, including my packet, that this is for a convenience store and hot food preparation on the top of the petition, not the new.
Okay, let me see.
Anyone else in the first audience?
Mr. Chair, I just want to note, I was able to pull a site plan from the city's Atlas website for the permit for the demolition and rebuilding.
So if it's okay with the board, I can share the screen.
I think that will help clarify something.
We're going to bring up the site plan.
You can look at it with your owner.
Go ahead.
Can I ask a question while she's doing that?
Is this the owner?
How long has this owner been the owner of this facility?
Since the beginning of the year, January of 25.
Okay, so you're a new owner.
Right.
So you're a new owner.
So I think that's important for me because the history of this facility
place. Your fault. Right. And I think that is right. Thank you so much for clarifying it
because it is new management and this new thoughts process. Yes. It will be a new day.
So Amina, on the screen is the site plan. Right. Could you take a look at that and then talk about
how and where you're going to put cars at dumpsters and things of that nature?
so there are currently dumpsters right now um it's a little yeah i can't difficult because it
it does okay can you you'll make it bigger where it says premise b on the top um
it's like the top like if you look where it says 56 where the opa number is if you look to the left
of that there's already dumpsters there so move them further back towards that back wall and then
there's a lot of space you know the gray areas where the gas station pump parking and all that
is but there's a lot of space between the neighboring business to the right and where
you pull it is a very wide gap at least 25 feet and like my counsel said I could stripe it and
make it very organized um and ensure even having security out there or somebody to help direct it
i have no problem with making sure that it runs i mean why don't you talk about how the cars are
going to go through the pumps what's the plan here so there's two entrances to pull in off of walnut
street so you could pull in in your immediate right and pull up to park when you're when you're
closest right or you could pull at the second right and pull to the pump right so there shouldn't be
interference between people getting gas and people coming into the store hoping to make it more like
you know how when you go to Wawa it's kind of sectioned off in a way right that they don't
When you go to Wawa, it's kind of sectioned off in a way that they don't bring into each other.
And striping helps a lot with that.
When I study how other gas stations do it successfully, it's the signage, and it's the stop, and it's the striping.
Any other questions for Amina?
Any other questions in the virtual audience?
We might see any further ask, Mr. Chair.
Yeah, I just want to note, if the parking isn't currently on this plan, you're probably going to need another zoning permit for any additional parking you plan to add, which will need reviews by streets department and probably planning as well, depending on how many spaces you're seeking to add.
Just wanted to be clear on that.
So the question would be, if we voted on this now, you got to come back.
Well, I don't know. I'm just saying that if there's, if they're proposing additional parking, more than what's already been approved, this is a plan that was approved with the other permit.
If they're proposing parking that's not on this plan, they're going to need to get another zoning permit, which is going to mean other reviews and could potentially mean a return to the zoning board if the parking was not code compliant.
Right.
Well, Mr. Chairman, we're okay with that.
say that again Devin I can't hear you Mr. Chairman we're okay with that we have to come back to
zoning to do additional parking after the development we're fine with that our planning
commission Amy Wood with the planning commission the comprehensive plan recommends a change in
zoning at this location from the existing CMX2 commercial mixed use to CMX3 the appellant has
demonstrated that the proposed use will not cause detrimental impacts beyond what would reasonably
be expected. Moreover, the proposed use would allow this use by rate. Just to note that this
is a use application only. Any development, including parking lot changes, must be made
under a separate application. The Planning Commission recommends that the Board grant
the requested special exception for takeout. MI 2025, 001 -465 -5651 -63 Walnut Street, TA -55610.
I vote yes. Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes. Tywin, my vote is yes.
Thank you, sir. Thank you, Mr. Chairman. Is there anyone in the virtual audience
whose two o 'clock case has not been called?
I do not see any answer, Mr. Chair. Is everybody okay to go right into this?
Yes. You ready?
good afternoon my name is bill barkman i will be chairing this meeting this afternoon with me is
our board member cheryl l gaston present mr chairman or board member tenetta graham present
mr chairman board member michael johns mr chairman board member tya winn president mr chairman board
member ryan mcadams present mr chairman also present is hillary emerson our attorney and our
Board Administrator, Lakeisha Dandy.
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Let's look at our schedule for the 3 .30 list.
Number five, MI 2025, 000796, 2061 Byberry Road.
that case has been continued
cases continued until
2 -4 -26
at 3 -30
any other requests for continuances
good afternoon Mr. Chair
rather good evening this is Jason
and I will be a call host for this session
I do not see any further hands raised
for continuances
thank you very much
Stephen
Stephen, number one, MI 2024 -006 -475 -917 South 9th Street.
Stephen Henschick is the owner applicant.
Stephen, could you please state your name and spell it for the stenographer?
Yes, it is Stephen Henschick, S -D -E -P -H -E -N -H -E -N -C -H -E -Z -K.
Do you swear? Do you have a computer with you, sir?
Oh, we're going to do it. Okay.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
This application is for uses of visitor accommodation within an existing structure, whereas the proposed use visitor accommodation is prohibited in the CMX -2 zoning district.
There's a letter of non -opposition from Bella Vista Neighbors and a letter of non -opposition from Council Member Squilla.
Please start your presentation.
All right.
Just to give a little background.
Could you get a little closer?
Sorry.
Just to give a little background.
Towards you.
Just to give a little background, I own a coffee shop at that location for 22 years.
I've rented for 20 years, and then I bought it three years ago.
The tenant upstairs currently, it's a two -floor, two -bedroom apartment.
She was going to leave last year.
That's why I started this process.
She hasn't.
She wants to stay for now, so that I'm still doing the process just for future.
My goal eventually is to have an Airbnb, do the visitor accommodations.
It's very, all the neighbors seem to really want me to do it.
My customers seem to want me to do it for their families.
There's nowhere to really stay in that area.
It's a very, a lot of people visit that area.
There's nowhere to really stay in that area.
everyone has to move everywhere else so i think it's a very good spot my neighbor did it down
the street you're a couple blocks above the market right above the what the north of the market i'm
right in the market right between carpenter 900 block 900 block yes okay um i'm right if you know
the the festival there's the graceful directly across the street from that so okay um yeah
that's basically it do we have the photos of his property i have
there it is i see it wow current photos of the inside of the property just she she's putting
it up here okay sorry yes so this is the living room this is the current state of things um
this is the the larger bedroom um there's a just a mother and a child in there now this is the
kitchen um there's but it's one unit it is one one unit uh it's two floors two bedrooms
um there's the bathroom there's not much i need to do construction wise uh i just i've been
collecting for years a lot of uh stuff from the italian market old businesses and whatnot so i
kind of want to make it like a a little bit of history a little bit airbnb um
uh that's pretty much the point you don't own any other airbnbs no okay no right and i i live
literally the first house right around the corner from it so you own the store downstairs yes
all right questions from the board what did you say that you said the tenant was moving
the current she was going to move out last year that's why i started the process and i was all
ready to go but her daughter didn't want her to so so what are you going to do if you get the
Airbnb, she's going to have to move, right? She's eventually planning on moving and buying a house,
but she wasn't ready to do it last year. But I, as soon as she's ready to go,
I mean, I'm ready to go. Gotcha. Thank you.
Yeah. What's going to be your property management plan? Right now, I plan on just using the coffee
shop as the base for kind of like a bed and breakfast style, just word of mouth through
that way, but use the Airbnb platform to kind of push it forward. So you're in the shop every day.
kind of push it forward um so you're in the shop every day i'm there every day what's your what's
I'm there every day.
your trash how do you handle your trash i have seven day a week pickup um that the current tenant
uses so basically in my mind i'm just going to rent it for shorter periods of time than i do now
other questions questions from our attorney oh i did have another question have you talked to
the adjacent property owners um well across the street is the parking lot um i think i'm pretty
yeah i mean all my the neighbors are all ready for me to do it they're all wondering why it's
taking so long i i had to continue this case because i was in march and i'm computer just
fine but the immediate next neighbor there is it's actually the um the store next door
is is the visitor center of ninth street so got it and there's no apartments above i can't remember
Above them? Yeah, there is.
There's two. They're both customers.
They're ready.
Giving everybody coffee
dinner. Yes.
Questions from our attorney?
Not at this time.
Questions or comments from the virtual audience?
Planning commission?
You got a question?
anything kish okay planning commission good afternoon uh nina solomonic with the planning
commission n -i -n -a -s -o -l -o -m -o -n -i -c do you swear or firm to tell the truth the whole truth
nothing but the truth i do the comprehensive plan recommends no change to zoning from the existing
cmx2 commercial mixed use there is no unique physical condition or circumstances of this
property that would prevent it from being used in strict conformity with the zoning code the city
planning commission recommends that the board deny the proposed use variants for visitor accommodations
Thank you. MI 2024 -006 -475 -917 -South 9th Street. I vote yes with proviso. Temporary variance, that will expire 7 -17 -28.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Iowen, my vote is yes with proviso.
You have your votes.
Thank you so much.
You've been sitting there an awful long time.
All right.
Number two, MI2025, 0006892325, North 26th Street.
Glenda Tate and Edward Fleith.
There's unanimous non -opposition from Strawberry Mansion with several provisos.
and there's a letter of non -opposition from council member young and a letter of support
from david hardy mr william kerr has been promoted to panelists he should be joining us again shortly
mr chairman can everyone hear me we hear you yep okay sorry my audio is down i think my video is
up now also hi mr kirk could you uh say your name and spell for the stenographer yes good
afternoon to William Kerr, K -E -R -R. I'm an attorney with High Swartz, 40 East Airy Street in
Norristown. All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the
truth? I do. Do you waive the reading of the refusal and agree with their accuracy? I do.
The refusal is accurate. Yes. Why don't you start your presentation because I've already identified
your clients. Okay. Thank you. Yeah, you've been here quite a long time today, so I'll try to keep
quick. I'm representing All in the Family Group Associates, Inc., which is a registered community
organization in the village section of the Strawberry Mansion neighborhood. Ms. Odessa
Tate, who's the director of business development and the daughter of the property owner. She's
on the call here with me today as the representative of both the owner and the
applicant the applicant is all in the family group associates all in the family is an rco and
they've had their headquarters in the cecil b more rec center for for a number of years
that building was recently demolished um and it's being renovated it's being rebuilt so
all in the family is looking for a new headquarters
and what they're they're proposing to use the first floor of this property
And what they're proposing to use the first floor of this property on 26th Street as their headquarters.
The second floor will be configured for residential, a residential apartment.
Now, Miss Tate's mother has owned the property with partners since 1998.
The last use of the first floor was a barbershop.
That goes back to the early 2000s.
And the property has been totally vacant since around 2011 or so.
So getting the property reoccupied and rehabbed is important both to the owner and to all in the family.
All in the family intends to use...
Excuse me, Mr. Kerr, can you please share your screen?
We are not seeing it yet.
I'm sorry.
I'm sorry.
That's okay.
Let me find the share.
Here we go.
Yeah, I wanted to do that up front.
are you seeing the screen that you should see that it's not working okay
it's coming up are you seeing that now we see it
you should be seeing a photo of the property we do
is that visible
yes we can see it now thank you okay okay good yeah this is the uh the the view of the property
from gordon street i'm going to scroll down this is the prop this is the view on 26th street it is
it is a corner property and you can see the first floor has these commercial windows
on both store frontages or on both frontages so it is configured more as commercial than
as residential and I'm going to try to scroll down here without jumping around too much
this is the elevation sort of the renovated elevation for Gordon Street that was the
first photograph that you saw and then we have the renovated elevation for 26th street is the
smaller frontage I do have some diagrams of the floor plan this is the site plan
this is the basement plan which is you know basically not part of the proposal today that
will just be storage for the occupants and then we have the first floor this is the existing first
floor and this is the proposed renovated first floor we'll have a space here in the front about
200 square feet a middle area space again these are theoretically be meeting rooms and offices
then we'll put a restroom back here and also a kitchen in the back and then another
smaller meeting slash office area and then the second floor will be the residential unit
and it has essentially what would be probably a bedroom or living area there's an existing
kitchen up there and a bathroom and then another another room again which would either be the
living room or bedroom depending or i guess yeah it does have windows so it could be a bedroom as
well um so that's the physical layout um as the chairman indicated we do have uh support from
uh the councilman the the strawberry mansion rco as far as the programs that all in the family
offers they'll be offering tutoring job readiness training fitness and health classes
sewing and culinary classes they will have regular community meetings in the facility
and they also do a holiday food distribution program around the christmas holidays
the hours and days will be monday to friday typically the programs will be three to
8 p .m. Monday to Friday, and then Saturday late morning, say 11 o 'clock to 1 or 2 o 'clock.
So that's the gist of what I have. I'm going to ask Ms. Tate to be admitted as a participant.
Mr. Kerr, just for a note, there are three what we believe
provisos. Interior trash storage and trash stored must be stored in the rear yard for both units.
no household living in the basement
and a certificate of occupancy to be
obtained. Is your client okay
with that? I'll have
if we can just ask her, Ms. Tate, are you
Odessa Tate?
Odessa Tate
Ms. Tate should be coming.
Ms. Tate should be coming back into the Panama Trolley Council
Yeah, I don't think there's a problem with those provisos
but I just want to clarify with Ms. Tate
Let me swear in first, okay?
I'm here, how is everyone?
Hi, I'm fine, Ms. Tate, could you
state your name and spell for the stenographer?
Sure, it's Odessa Tate
first name
m -o -d -e -s -s -a last name t -a -t -e could you turn on your video please
thank you very much do you swear or affirm to tell the truth the whole truth of nothing but
the truth yes please proceed counsel yeah miss tate have you been uh on the on the zoom this
afternoon for the entirety of this uh this hearing yes i have been and you've heard all
my statements to the board yes and do you adopt them as accurate and your own and as your own
testimony yes but there's one thing that i want to clarify for the upstairs floor everything is
already existing but in the back space is no intention to create another bedroom it's just
all still living room space that's it okay the basement will not be a bedroom correct the
basement will not be a bedroom okay uh did you hear the provisos that the chairman just read
yes i did and you're okay with those with the with the exception that the basement will have a
a living room but not not any any let me let me figure this out so the first floor
is a community center right owned by the corporation we'll say correct the second
floor is an apartment yes and then you're saying you want to put a living room in the basement for
for for the apartment or for the business no there's no living room space that's going in
the basement the basement is just going to solely be for storage more so for ram equipment no living
room. Okay. So the proviso is no
household living in the basement? No.
Right? That's the proviso. Right.
Okay. So it will just be storage in the basement. I'm trying to get back
to that basement screen.
Yeah. That's the basement space,
correct, Ms. Tate? Yes. And there's no
dementias or anything listed because the stairs are broken in the basement so naturally if you're
not going down there to do work you don't want to go down there and do an assessment just to look
okay so that proviso is uh acceptable mr chair okay um questions from the board yes can you walk
us through the apartment layout i think the the survey plan doesn't really delineate what's
happening where or where there's bedrooms. Okay, let me get back there without jumping around too
much. That's the first floor. Okay, here's the second floor. So, Ms. Tate, what will this
room be? So, that room is the bedroom. That's 179 square feet. And when you leave out of the
bedroom and you make a sharp left that is the bathroom space and when you link in there yes
it's a sink it's a toilet and the bathtub is right in that rectangular section yes
right in there okay yes so when you leave out of the bathroom those are the stairs leading down
and then it's another sharp left and there is the kitchen when you leave out of the kitchen
this is the hallway area and as you move further back this is just extra living room space here in
this area and the area that says space inaccessible that's additional living room area and there are
windows there and then closets in the back and that is the first floor apartment the second
i'm sorry second floor apartment okay so this entire area will be available for use as as
occupied space then correct yes even even the area that says space inaccessible yes it was a ton of
boxes there and it was just stuff out of the ceiling so they didn't walk back there okay that's
an architect's note then okay okay so it's a one bedroom one bath correct okay and then where is
this tenant going to store their trash and how do they get to this unit separate from the what's
And how do they get to this unit separate from what's going to now be the community center office use on the first floor?
going to now be the
Okay, so if you don't mind, if you go to the first floor plan, and then with the trash, they'll be storing their trash out in the yard.
So the yard space is about 100 square feet or a little larger, but they'll have access to the yard too to be able to store their trash.
so as we look at the first floor this first part the opening on 26th Street
this is the actual office area that's the separate entrance so here is where
folks this is another way to get to the back rooms where we'll be meeting or
doing different programming it's a hallway that gets you through to the
other side and then also coming in the apartment entrance it has its own
separate entrance going up in the middle of Gordon Street, there is a door there as soon as
you come in that leads into the other space, but that's going to be closed off. And that person
will have the opportunity, their space would be, you know, going up these stairs, that's their
one entrance. And then also we're going to make sure that there is a fire ladder outside the
second floor window. That way, that will be another way for them to get out as well.
Okay. So when they use their key, where's going to be their secured door? Because even right here with your entryway, are you closing that entrance into the 184 square foot room off? Are you sealing that doorway?
I don't think that it'll be completely still, but it'll be where they still have their privacy.
No one will be going through this entrance unless it's the person that lives in the apartment upstairs.
So folks won't be able to just go in on this side and use this entrance to get into the program area.
And then also they'll be able to enter off of Gordon Street side as well, going around the back to have like a second entryway into the first floor.
but go back so so you're gonna have to walk through the first floor somewhere right
yes space to get upstairs to get upstairs well to get upstairs in the middle in the middle area
of gorton street that is the direct interest to go into upstairs so i recommend mr kirk could you
move the presentation up to the pictures where they could see the side of the building the gorton
street view because you'll be able to see the door but go back to what what ty has said to you
the the 84 184 square feet that's not going to be closed off right the 184 are we talking about in
the back of the second right right here will there will there be a door right in this area
well yeah it's it's a it's a door there to get into the other side but people that are coming
for programming won't be going through this entrance because it's more
like a private entrance. You know, this entrance is private to go
upstairs. So let me ask you a question.
So this entrance here on the corner, this will be the entrance
for the community center, correct? Yes, that's the entrance
for the office to go in. And folks will come in here and then
come back through this hallway area, correct? Yes, that is a hallway
through right yes and then the residential area for the residents you'll enter here off of gordon
street this will be a door that's that's closed theoretically um and then the resident will the
resident will just go up to the second floor and have access to the apartment correct correct
which i understand but that's not a legally separated unit unless there's another
entry door at the top of the stairwell so that was not okay let's go okay let's go to clarify
i got you i see what you're playing this is what happens when you're trying to do it i think you
got i think you got to be clear that if you're defining the entrance to the upstairs that there's
not a door into the downstairs from that entryway. You need to close that off, right? And if you
need to provide a second means of egress out of your first floor, you need to provide it somewhere
else. Either that or you got to put a door at the top of the stair, which I know you don't want to
do because it messes up your old layout. Right. Everybody's trying to tell you, right? You're
coming into the side and you got a door that's going upstairs, but then you got this opening
on the left which does not comply to any code right because you can't exit in from people going
in there and be able to go upstairs so if you stop it right there stop stop stop stop stop stop
slide down or you can keep that this needs to be a sealed off wall
Slide down. Or you can keep that. This needs to be a sealed off wall. Period. That's it. That's it. It's sealed off. First floor is a one unit. Second floor is completely separate. The door there doesn't work. So just understand that. So that's the problem that everybody is kind of hearing. Coming into this unit on the first floor, you're accessing everything this way. That's it. And that's all. Right?
you got to provide second egress out of that first fourth you do it someplace else that's all
everybody is really kind of telling you right that's it thank you okay yeah that that and that
makes sense i understand that any other questions i believe actually that would be a requirement of
the building permit process anyway so i get you it's going to be a ceo requested so is it right
anyone anyone else with a question hillary our attorney questions or comments from the
virtual audience i don't have any questions mr chair okay mr chair there are no hands raised
for this matter planning commission strawberry mansions oh all right mr chair i'm sorry strawberry
mansion uh community concerns have been allowed to speak i'm sorry okay good afternoon um you've
already been sworn once today just please yeah bonita cummings okay miss cummings proceed i just
wanted to um for the record state that story mansion community concern was the coordinating
rco for a community the public meeting which was um attended by a community resident supporting
this project. We did a site visit, and it was our understanding initially that that area would
be closed off. I don't know whether maybe there was a little confusion about it, but the first
floor is a walkthrough where you come in one way, and then you can get to the back area,
and then there was the understanding of the ladders that would accompany anything
happening on the second floor so we you know we looked at it from the standpoint of a visual
and at the second floor bedroom is bigger than many of the zoning developments that we see come
before this board um okay so um the only thing i wanted to uh also um the the city code the
philadelphia zoning code section 14904 with all of those windows there you know the required we
We just wanted to, as part of the proviso, understand why that 20 % would not be or can't be a part of the proviso just so windows are not, you know, like there's not excessive marketing or advertising.
We have problems with that in terms of some of the commercial corridors, so we'd like to start to try to keep those windows in compliance with the code.
Thank you very much for your call. We appreciate you getting back to us.
Planning Commission.
Nina Solomonic with the Planning Commission.
The comprehensive plan recommends no change to the existing zoning of RSA 5 single family.
The proposal for one family above non -residential matches the apparent configuration of the property.
Therefore, the Planning Commission recommends the board grant the requested variance for multiple principal uses and community center.
MI -2025 -000 -689 -2325 North 26th Street. I vote yes with proviso. Interior trash storage and trash
stored must be stored in rear yard for both units. No household living in the basement and a
certificate of occupancy to be obtained. Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso. Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with provisos.
I am Wynn.
My vote is yes with provisos.
Thank you, counsel.
Okay, thank you.
Good seeing everyone again.
Take care.
Number three, MI 2025, 000690, 5942 Tallahill Street.
Devin Upta is the attorney.
There's a recommendation of support.
No explanation of HMC squared RCO.
The vote was nine in support, one in opposition, five abstain.
this is a legal request for legalization
good afternoon mr chair uh devin just for the record state your name you've always been sworn
no devin ukda uqdah could you identify your client the relationship to the property
yes um sorry one second um my client is michael
Yes. Sorry, one second. My client is Michael Clark, but the property is owned by an LLC. He's a sole member of the LLC.
Thank you. Do you do you waive the reading of the refusal and do you agree with its accuracy?
Yes, Mr. Chair. Why don't you start your presentation?
Sure. Can I share my screen?
Please.
let me know are you able to see my screen i we see it sir okay all right so um this property
is 5942 kylo hill street um this is a legalization of a duplex um a client um found out that the
property the property was always used as duplex but he found out that it was not zoned correctly
so he's seeking to legalize the duplex um so we'll go through the letter of refusal
there's a letter of refusal the proposed use to family household living is expressly prohibited
rsa we have that we have that devon all right um we have the deed we have everything we have all
your exhibits okay um so just just pictures of the areas rsa5 yep um here's pictures of the
outside of the property, they met with the RCO,
they got the support.
Again, this is just details about the property.
This here is a ground floor versus the second floor.
I'll zoom in.
Try to zoom in, sorry.
So this is the ground floor, it's one unit,
ground floor is one unit, second floor is another unit.
It's two bedrooms, one bath on the ground floor.
and also two bedrooms one back on the second floor um there's the first floor pictures of
the inside of the property i'll zoom out a little bit so you can see it better
uh pictures of the inside of the property uh this is the second floor again pictures of the
inside of the property really well maintained and well kept um it's currently um it was purchased
So basically, when it was purchased, it was marketed to him as a duplex.
He found out that the zoning was not accurate.
So although it was maintained as a duplex, we're seeking to legalize the fact that it is used as a duplex.
Legalized current use is not new construction.
Again, when it was acquired, he was told that it was a duplex.
But upon looking into the zoning, he found out it wasn't.
Again, it was used as duplex, so it had minimal impact to the community.
um notice to the neighbors that was sent out on a meeting was held um proof of mail proof of mailing
to the neighbors it's just all this is just proof of mailings all the the affected neighbors
it's going to go down to the
letter of support sorry it's a good amount of documents um here's proof of posting on the
property and here's a letter of support from the rco um saying that non -people non -people supported
it uh there were no none i guess one person was in opposition but in general um they voted in
support of it um i have an old tax clearance from june 2025 um but also then proof that there's
zero taxes on a property um so that really much concludes my appreciation for the most part i'd
like to call um my client uh to the to to adopt my testimony if that's okay yeah what's your
client's name michael clark okay it's becoming back in as a panel when was the property purchased
um look
well when he comes home we'll ask him
mr clark yes hello hi mr clark could you please state your name and spell it for the stenographer
uh michael clark m -i -c -h -a -e -l clark c -l -a -r -k -e right do you swear or affirm to tell the truth
the whole truth nothing but the truth yes sir devin proceed yeah mr clark did you hear my
testimony? Yes, sir. And would you attest that it was true and accurate? Yes, it was. And will you
adopt my statements? Yes, sir. Thank you, Mr. Clark. Mr. Clark, I guess the board, the chairman
Mr. Clark, I guess the board, the chairman asked, when was the property purchase?
asked when was a property purchase? Do you recall when you purchased the property?
Do you recall when you purchased the property?
I believe it was sometime in 2018, 2019.
Right.
And it was a duplex then?
Yes, sir.
Did you change it over?
I mean.
No, it wasn't.
It had the original electricity.
It was, I just did some basically cosmetic work, repair the roof, et cetera.
All right.
All right.
Questions from the board.
What's the trash plan for the two units?
Yes, ma 'am.
The trash will be located in the rear of the property.
It has a gate.
The tenant will be advised to put their trash in the rear, and there will also be supplied trash cans.
Do both units have access to the backyard?
Yes, ma 'am.
You can access the backyard through Salford Street.
Other questions?
questions from our attorney hillary emerson not at this time mr chair questions or comments
from the virtual audience
planning commission oh that's true okay
nina solomonic with the planning commission the comprehensive plan recommends no change to the
existing zoning of rsa 5 residential single family the proposed two -family household living
is expressively prohibited in RSA 5.
There is documented use of commercial
with two separate entrances.
Therefore, Planning Commission recommends
the board support the granted
or grant the requested variance.
Thank you.
MI 2025, 000690, 5942 Callahill Street.
I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tynetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Tywin, my vote is yes.
Thank you, counsel.
Thank you, Mr. Chairman.
Number four, MI 2025, 000692, 1414 South 18th Street.
Richard DeMarco is the attorney.
Thank you.
That was a very slow join.
Mr. DeMarco, could you please, first of all, we haven't seen you in a while, so could you state your name and spell for the court sonographer?
Richard DeMarco, last name is spelled D -E -M -A -R -C -O.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Do you identify your client, the relationship to the property?
Andrew Lye.
He is the owner.
He's on the Zoom.
Do you waive the reading of the refusals and agree with their accuracy?
And I see Point Breeze Community Development Coalition, based on revised plans, sent a letter of support.
Exactly.
Please proceed, sir.
All right. I'll be as brief as I can. Mr. Chairman, let me share my screen.
let me bring that up there we go can you see my screen okay mr chairman we see it sir all right
so uh two -dimensional variances for this matter uh mr chairman there's a history with this property
uh this has been before the board before twice matter of fact let me cover that and jump over
that right now get that out of the way um if you see uh here back in 2016 and 17 this board approved
uh a single family dwelling proposal with an addition on the rear i'm going to show you that
plan and the reason why i show you you'll see why it's relevant um right here um the issue
in this case is solely the position of a structure right here. But I wanted to show
you and the members of the board that this board did approve 100 % lot coverage back in 2016.
The property always existed as a 100 % lot coverage. It's not a very large lot. It's about
900 square feet. And this board did approve an addition there. There's a garage opening here on
the old plan that was approved by this board back in 2017, we're not seeking that curb
uh that curb cut that's not part of this application matter of fact we agreed with
cut. That's not part of this application. As a matter of fact, we
the neighbors that we would not be seeking that so what you see on your screen now is our revised
proposal this was and by the way the reason why i mentioned your 2017 decision is because
actually this plan has is significantly scaled back from that we no longer have a second story
addition. It's just this one piece here, in addition to the main structure. The structure
that existed there before has been knocked down. There were structural issues, and my client has
already invested significant money in bringing down the old property. There were some issues
with the structure. He had to knock it down. He did so, and he's back here now to develop it.
We also shortened, if you will, the roof deck.
It's not actually a roof deck, as you see here from the cross section.
It sits on the third floor here.
No height variance, just that open area and rear yard variance.
We agreed with the neighbors to remove a deck.
We were initially proposing to have a deck on top of that one -story structure in the back there.
That has been removed per the request of the neighbors.
We had two meetings, and we made all their requested changes.
There was a proposal that this board heard a couple years ago that the applicant abandoned.
It was a mixed -use attempt to have a storefront, a restaurant on the first floor.
that has been obviously removed. So basically, Mr. Chairman, this is a classic Hertzberg case.
Going back to the refusal, it's two -dimensional variances in pursuit of a permitted use,
which is the single -family dwelling. And I'll have Mr. Lycomore in a moment, but I'll summarize
what his testimony will be. He's basically asking you to approve that addition here because it's
going to be used for storage. Like I said, it's not a large lot. Bicycle storage, trash storage,
that sort of a thing. Let me see if there's anything else I want to show you. While I'm
going through the rest of this, can Mr. Lai raise his hand virtually so he can adopt my presentation
and testimony? By the way, Mr. Chairman, we will ask you to stamp one page revised plan. We did
submit the required form um and so we'll ask you to stamp one page uh revised plan by the way mr
chairman a lot of the corner properties also have 100 lock coverage it's a common occurrence in this
particular area and that's shown on some of these photos that the architect prepared by the way we
do have agada a reister from landmark available as well on the call if you have any questions
so with that i can uh ask uh mr lie to uh be uh promoted hi
okay andrew andrew lied uh did you hear my testimony and wait a minute oh he's not with
us hello i'm here mr lie could you please state your name and spell for the stenographer first
name andrew last name lie l -a -i right do you swear or affirm to tell the truth the whole truth
nothing but the truth? That is correct. Please proceed, counsel. Mr. Lai, did you hear my
factual presentation and remarks to the board just a moment ago? Yes, sir. Is everything true
and accurate, and can you adopt all those statements as your factual testimony in this
matter? Yes, sir. Thank you, Mr. Chairman. That's it. I do want to point out we actually changed
the elevations to show proof
to the neighbors that we were not seeking any type of side
curb cut in this case.
Questions from the board?
Questions or comments from our attorney? Hillary Emerson.
Just briefly, board,
the refusal doesn't list the proposed use, so if the board does
approved we would just want to indicate be a proviso that the approved uses single family
household living yep thank you questions or comments from the virtual audience
i do not see any further answer mr chair planning commission
nina solomonic with the planning commission the comprehensive plan recommends no change
in zoning from the existing rsa5 residential single family the appellant has not shown that
the property cannot possibly be used in strict conformity with the zoning code and that a
and that a variance is therefore necessary.
variance is therefore necessary. The proposed variance will impair an adequate
The proposed variance will impair an adequate supply of light and air
to the adjacent conforming property.
The Planning Commission recommends that the Zoning Board
deny the variance for rear yard depth and occupied area.
So MI 2025, 000692, 1414 South 18th Street.
I vote yes with proviso.
Approved use is single -family household living.
revised plans one page
stand by ZBA July
16, 2025.
Michael John, my vote is yes with
proviso. Cheryl Gaston,
my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Tywin, my vote is yes with proviso.
Ryan McAdams, my vote
is yes with proviso.
Thank you, counsel. Thank you. Have a great time.
Thank you so much.
Thank you, Mr. Lai. Number six,
MI 2025
825 -000 -803 -843 -North Lawrence Street.
Roger Perry is the attorney.
There's a letter of support for Northern Liberties
and a letter of non -opposition from Council Member Young.
I'm back in as a panelist.
Thank you.
Well, there you go, Mr. Perry.
How are you, sir?
Could you please state your name and spell for the court stenographer?
My name is Roger Perry, R -O -G -E -R, last name Perry, P -E -R -R -Y.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and their relationship to the property?
Thank you.
I represent Michelle and Peter Torelli, T -O -R -E -L -L -I, who are the co -owners of the property at 843 North Lawrence Street.
Do you waive the reading of the refusal, and do you agree with its accuracy?
Yes, I do.
Why don't you start your presentation, Mr. Perry?
Thank you.
You see my screen?
It says I'm sharing.
I see your screen.
Thank you.
Here's just a list of the exhibits, and I won't go through all of them, of course, but I incorporate those.
I'm having a hard time.
Could you get closer to the mic?
I'm having a hard time here. I'm sorry. Sure. I'm sort of leaning back after a while.
843, the list of the exhibits I incorporated into my presentation. I won't go through them all. I
certainly want to hit the highlights. The property was properly posted. We do have a letter of
support, as you know. We have another letter of support from Len Polachek, who's next door. This
is a refusal for, let me go down here, this is the front access and the rear area that we're
talking about. This is a request for a subdivision of the rear property. The rear property is a gap
to, so to speak, between two large single -family homes on light gout. So this property from
843 North Lawrence Street is through to LifeGal and what I'm showing
the board is LifeGal Street. This here
is the gap that we're talking about and the client has provided
a survey to subdivide this lot off
approximately 760 square feet.
Let me show you that.
Survey of postings front and back. This is the front of the
property. And let me expand this a little bit. Okay. So here is the survey. Oops. That's
what happened.
Here's the survey.
This is the property
843 North Lawrence Street
through a light gout. What I showed you
in the photographs just
a second ago was
these two houses which sort
of border
the property. We're seeking
to subdivide this
lot off, have no changes to
843 North Lawrence, which is an
old period house and it's going to remain the single family house with a backyard and we wish to
period house and it's going to remain the single family house with a backyard and we wish to
border this off and sell this or make it available to sale or development because it'll be consistent
i tell you the truth i'm really having a hard time hearing you i'm sorry okay i go to my audio
yeah okay can you hear me better i hear you a little better but i mean just just try to tell
us what you're doing there yeah what we want to do is subdivide the uh property uh at 843 north
lawrence here right is to create this lot here which is now uh surrounded by two large single
family homes um on light gout street so that would make this parcel b uh available for development
it. And just to go back, just to make sure you see this, that's the lot that we want to subdivide,
and this is Leifgau Street. So Leifgau Street already has all these single -family homes,
and this is the lot we're seeking to subdivide off. The refusal is that this is an undersized
lot is just under 800 square feet but we're asking the board to approve the subdivision
because it is consistent with what's been done on lifegall street here
so so parcel a is the one that you've already built
right parcel a is not going to be changed right
it's this property here right 43 right right here it's part right yep yep
You're going to take a portion of that and put it with the other parcel.
That's correct.
This particular lot goes all the way through to LifeGal, and the properties on LifeGal have been previously subdivided over the years to put in those single -family homes.
So this is what we're seeking is to do the lot that would allow consistent development as exists on LifeGal Street.
and uh as you know we have a uh letter of support from uh northern liberty's neighbors association
yep i see it and i don't know if you see this one but we have a letter of support from
len polachek who's the immediate neighbor on light gow street who supports
this particular subdivision right okay you want to bring your client on yeah sure uh
Well, I think Peter Torelli may be here. Are you there, Peter?
Michelle or Peter Torelli?
Peter Torelli should be coming back in as a panelist.
Thank you.
Thank you.
Hello, hello. This is Peter Torelli.
Hi, Mr. Torelli. Could you turn your video on, please?
Say it one more time.
Could you turn your video on?
Yes, give me one second.
Sure, sure.
Are you able to see me?
I do, sir.
So could you please state your name and spell it for the stenographer?
Peter Torelli, P -E -T -E -R -T -O -R -E -L -L -I.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Counsel, could you please proceed?
Thank you. Peter, have you heard my presentation about the subdivision of this lot on Lythgall Street?
And would you testify similarly and adopt my testimony as true and correct at this time?
Yes, sir.
Thank you.
Questions from the board.
yes um so how big are the majority of the lots on leithgow street that you all are using as
reference uh they're between 650 and 750 square feet generally
and you have do you have a survey drawing that shows that
And the survey that I have here shows the adjacent.
Here you go.
This is, these are at least the two of them, 848 and 854.
And these are the properties that exist on North Lawrence Street.
And these both have approximately backyards in this area here.
So these these properties are on. I don't have the deeds in the file, but these properties are about 650 square feet.
you're saying the adjacent properties because i just know most of the houses on life scale street
You're saying the adjacent properties, because I just know most of the house.
while they are squatter in lot there many of them have been subdivided from smaller lots
and are wider so a lot of them are closer to 28 to 30 feet wide um which makes most of them
slightly larger than the parcel b that you all are dividing it into i think my concern
is that on the Lawrence Street side, you have a lot of three -story homes and putting a three -story
home, if somebody were to come back and try to use Parcel A in the future, it would now be an
under 750 square foot lot with a three -story home. That's very dense and very tight to match
the context that's already existing on that block face. Well, the properties on Lawrence Street
are these properties generally two stories.
The properties on Leifgau Street
and there's into the backyard
are generally three stories.
This is the existing view of Leifgau Street.
This is our lot right here.
And you can see these are all three stories
with backyards.
And we're presuming they're going to be backyards.
The backyard at 843
three is approximately 14 square feet and i'm sorry in the backyards on these properties usually
are nine feet yeah but you're going off to backyard dimensional variant like dimensions
for example 841 north lawrence street is 965 square feet which is almost 200 square feet more
than the proposed lot that you are subdividing from so while your 1400 is closer to the typical
Philadelphia lot at 1460, that the subdivision into 750 and 744 actually makes it really undersized
compared to the neighbors on that block. Well, I could send you that. I don't believe 848 and 854.
854 is essentially a double because they have a garage. And this is the one supported by Len
Palachuk that I showed you. That's a double lot. It's 854, 856. However, 848 is a smaller lot,
actually, than what we're proposing. And all I can tell you is almost all of these,
I think all of these that I'm showing, yeah, have been subdivided off of North Lawrence Street.
So what we're doing is we have the space that's like a tube gap here and so forth. And these have
all been sold and developed, and the lots from Lawrence Street through the Light Gower
were all substantially similar.
I think he put a double lot at 854, but the other lots were generally 16, 16 plus by 90
feet, but they were subdivided.
854, for example, is 1 ,263 square feet.
It's a double lot.
it is but it is still one house on 1200 square feet we can only do what 848 has done here
and 848 is actually i believe a smaller lot i don't if you have a dimension you can tell me
what 848 is but 854 um 856 is supported by mr polachek and and but he has a uh a double lot
Len Palachuk is 854, 856.
He's supporting the development, you know, of this particular lot.
The problem is all you have now is a lot on Lighthouse Street that's bounded by, you know, blank walls on both sides.
And all they're trying to do is, you know, draw a line back here, which would be consistent with their rear yards
and still allow for a 14 -foot rear yard for 843, which is here.
These properties are fairly consistent here, 843, 840, I think that's 841,
are fairly consistent on here.
It's 841.
841 and 843 are pretty consistent
older homes with an
alleyway through to the backyard
here they are
so I think the one
that you're citing at 854
856 purchased
essentially two rocks
so Mr. Perry
is there any other questions from the board
any questions from our attorney Hillary Emerson
not at this time
any questions from the virtual audience do not see any hands mr chair here's here's what i'm
going to do mr perry um we're going to i'm going to have the planning department give their position
We're going to I'm going to have the planning department give their position and then I'm going to hold the vote until next Wednesday at 2 p .m.
OK, I'm going to take this to executive session and we're going to try to figure this out ourselves exactly where we stand.
OK, OK. So by square footage, I just needed.
OK, planning commission.
Good afternoon, Nina Solomonic with the planning commission.
The comprehensive plan recommends no change in zoning from the existing RSA 5 residential single family.
The minimum lot area required in the RSA 5 residential zoning district is 960 square feet, whereas the proposed lot areas of 744 .46 square feet, parcel A, and 750 square feet, parcel B, are prohibited.
The applicant has not shown that the existing parcel could be used in conformance with the zoning code.
The Planning Commission recommends that the Zoning Board deny the variance.
So, Mr. Perry, we've had your presentation.
We have all the documents.
I'm going to take that to executive session next Wednesday morning at about 845, and we
will vote on this at 2 p .m., okay?
Thank you very much.
Yeah, thank you, sir.
I appreciate it.
Is there anyone in the virtual audience whose case has not been called?
I do not see any hands, Mr. Chair.
have a good night all