All right. Thank you very much for taking the time to call, and we appreciate your input. Is there anyone else in the virtual audience?
Chair, we have a Kitty Tam with her hand up. Ms. Tao, please unmute yourself and wait for the chair.
hi could you state your name and spell please for the court reporter
yeah my name is kitty tan wait a minute wait a minute wait a minute wasn't she in the earlier
case and the case is ep stash i know but we're not hearing that case right now
okay thank you yes you can put is there anyone else in the virtual audience
Chair, we have Gloria Rolfs with her hand up. Ms. Rolfs, please unmute yourself and wait for
the chair. Good morning. Could you state your name, please, and spell for the court reporter?
Gloria Rolfs, G-L-O-R-I-A. Right. R-O-H-L-F-S. Right. Do you swear or affirm to tell the
truth, the whole truth, and nothing but the truth? I do. Are you a neighbor? Yes, I'm a very near
neighbor. All right. Are you supportive of this program? Yes, I am, and I have a statement to that
regard. Okay. I live at 249 East Sydney Street, and I've lived here for 30 years. I'm one of more
than 20 neighbors whose properties back onto the proposed development. We near neighbors voted at
the RCO meeting to support this development because Stewart addressed our list of concerns.
We gave him a whole big list of concerns, and this will be an improvement over what is there now.
The developer revised his plans to allow a 40-foot setback between our property lines in his building, have terraced walls, better fencing, and more green space.
This development will provide better water management, more light, and more green space than now, and will keep the community garden.
Parking is included, so that will not be an issue.
I mean, it's similar to the Devon Enclave at the end of Sydney Street that has the parking included.
And this development will fit into the neighborhood and improve it.
Thank you very much for taking the time to pause and your input.
Is there anyone else in the virtual audience?
Chair, we have Emma Stern.
Ms. Stern, please unmute yourself and wait for the chair.
Hi, Mr. Could you state your name and spell, please, for the court reporter?
Hi, yes, it's Emma, E-M-M-A, Stern, S-T-E-R-N.
All right. Do you swear if we're going to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Are you a neighbor?
All right. We've had a lot of input from the neighbors. Do you support this program?
I do. I am in favor of the project.
Okay. Thank you very much for calling in. We appreciate it. Is there anyone else in the virtual audience?
Chair, I see no other hands at this time.
Thank you very much. Planning Commission.
thank you chair bergman david vecto with the city planning commission chair and members of the board
the comprehensive plan recommends a change to residential multi-family at this location
to promote transit adjacent development the proposed use is consistent with the comprehensive
The proposed use is consistent with the comprehensive plan, so the City Planning Commission recommends that the Board grant the use variances for multifamily dwellings and multiple family dwellings on a single-family zone block.
plan so the city planning commission recommends
Thank you very much.
Hillary, we have a proviso for one.
Do we have anything for four?
Yes, Mr. Chair.
For number one, the proviso.
Let me do number one first, okay?
Okay, sure.
MI 2022-003-147-28208 East Mount Airy Avenue, Parcel D, I vote yes with proviso per amended
refusal dated 12-14-22. Chairman, regarding the proviso, if I can. So, as I said, there is an
access easement here that provides access, both vehicular and pedestrian, to 224 and 226 across
our development site, which we believe kind of addresses the concerns of Mount Airy that was
requested in the proviso. But if you are inclined to grant the proviso, we would simply ask that it
be broad enough to allow the final design to be approved by L&I and streets. Certainly those
properties are outside of the scope of the current application. There isn't a site plan for those
properties associated with this development. So the specific nature of the proviso requested a
driveway that crosses over that retaining wall um but certainly the intention and consistent with
the current design um but as those properties are outside of the current scope we would simply ask
that the proviso be broad enough um to mandate that we provide access um with the final design
other to lni and streets department review yes um so the i did see the proviso that was suggested
Like you said, it does involve properties that are outside the scope of this proposal.
So because of that, and also because it involves a private agreement between parties, it's not appropriate for the zoning board to enact a proviso related to that.
So the proviso we have is per amended refusal dated 12-14-22.
Thomas?
Thomas Holloman?
my vote is yes with proviso. James Snell my vote is yes with proviso. Ishmael Shahid my vote is yes
with proviso. Okay and and Billy what's our proviso for number four? There's revised plans
three pages stamped uh today April 5th 2023. Okay number four MI 2022 003 146 208 East
Mount Airy Avenue. I vote yes with proviso. Revised plans, three pages, stamped today,
April 5th. Am I right? April 5th. Thomas Holliman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso. Thank you, counsel. Thank you very much. All right,
Number five, for the record, number 14, MI 2022-001-328-914 West Drive Avenue.
That case is continued.
The owner has been notified.
So we're going to go to number five, MI 2022-006-10713 North 42nd Street.
Zen Jin is the attorney.
Letter of support from the West Belmont Civic Association.
Chair, Mr. Jin is coming back in as a panelist now.
Good morning, counsel.
Could you state your name, Ms. Spell, please, for the record?
Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838.
Philadelphia EPA 19103 here on behalf of the applicant.
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 this property?
Yes, my client is the owner, North Broad Holdings LLC.
Mr. David Goldenberg is here on behalf of the LLC.
Our vice chair has just a few questions, sir.
Good morning, counsel.
Do you agree to waive the reading of the refusal and stipulate towards accuracy?
Have you emailed all the required documents and exhibits to proceed with this case five days in advance of this hearing?
Thank you. Please proceed and share your screen.
Thank you. I'm going to share with the board the documentation previously submitted.
Thank you. I'm going to share with the board the documentation previously submitted.
We have submitted to the board copies of the refusal, support letter, photos, plans, and related documentation.
This is an application for a use of a CMX 2 zone property as a residential use only three household living, essentially seeking a variance to convert what would be a normally required commercial space into a residential space.
This lot is actually located at a triangular corner.
I will show the plans in a minute, but the community did give us support and asked that the residential use be approved,
mainly because of the location of the lot and some of the unique aspects of the lot.
What this is, this property actually is part of a triangular section between Warren Street and North 42nd Street.
What's unique about the lot is we do have a residential property next to us, and these properties further down in the triangle, this portion, are all RM1 designated zoning.
On the corner here, we have CMX2, partly because our lot, which is actually this blue door you see in this photograph, is part of what was and is an auto repair shop.
we have the only the lot itself that consists of the width of the lot and not we're not taking any
part of the auto business so this is a lot in and of itself which is actually shaped differently than
what is normally expected of lots like this where it's normally a rectangular shape due to the
triangular nature of this property, our lot essentially curves towards the back and gets
wider but is narrower in the front. Because of the way it's laid out and also because of the prior use
and the uses that are further to the south of us, the community agrees that a residential use makes
more sense to try to squeeze now a small commercial use into this space when there's a corner
auto business and mostly residential all around us otherwise, and with Lancaster Avenue, which is
the commercial corridor so nearby, does not make a lot of sense. And therefore, the community
supported our request for the residential use only. From a layout standpoint, I'm going to zoom
out a little bit to give the board easier view of the plans. So because of the way the lot
increases in the back and curves. The proposed layout of the building is also with a curvature,
but essentially it is a single unit on each floor with living space and bedrooms.
It's a very straightforward layout, but all three units have access through the entrance on 42nd
Street, and the rear yard is a triangular shape, which is somewhat unusual, but does
meet code requirements for open space. Our sole variance is, in fact, the lack of the commercial
space for the first 30 foot within the building. Again, because of the way the lot is, the front
is only about 15 feet wide. So with the walls, we're talking about a 14 foot space. It makes it
a rather narrow space for any commercial use. And that's essentially part of the hardship that we
feel exists. And based on the RM1 zoning next door, we feel that the conversion to all residential
makes the most sense at this location. So that concludes my presentation regarding this matter.
I'm happy to redirect to any specific part of the exhibits, and also my client is here to verify my
testimony. Why don't we have your client adopt your testimony? Thank you. Mr. Goldenberg, can you
raise your hand virtually to be identified?
Mr. Goldenberg, please unmute yourself and wait for the chair.
Sir, could you state your name and spell, please, for the court reporter?
My name is Dimitro Goldenberg, D-M-Y-T-R-O, Goldenberg, G-O-L-D-E-N-B-E-R-G.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed, counsel.
Thank you.
Mr. Goldenberg, did you see my presentation and also hear my testimony before the board?
Yes, I did.
Can you verify what I have represented is true and correct and adopt it as your own testimony?
Can you verify what I have represented is true and correct and adopt it as your own testimony?
Yes, sir.
Thank you.
Questions from the board?
No, Mr. Chairman.
No, sir.
Questions or comments from the virtual audience?
I see no hands at this time, Chair.
Planning Commission.
Good morning, Chair.
David Fecto with the City Planning Commission, Mr. Chairman and board members.
The comprehensive plan recommends a change to residential multifamily at this location.
The removal of the required ground floor commercial space is in keeping with that recommended zoning.
And so the city planning commission recommends that the board grant the proposed use variance.
Thank you.
MI 2022-006-310-713 North 42nd Street, I vote yes.
Thomas Holland, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you.
Number eight, MI 2021-003-847-4911 Frankfurt Avenue.
John Taylor is the attorney.
We do not have an RCO letter at this point, but there was a meeting on 2923.
Mr. Taylor, Mr. Taylor, if you're in the, there he is, he's coming back in as a panelist
now chair.
Thank you.
Mr. Taylor, could you state your name, please, and spell it for the court reporter.
He should be back in shortly chair, he's coming in there.
Mr. Taylor, are you here?
He was on earlier.
I saw him when he cut in one time.
He's available, Chair.
He's just on mute.
All right.
Mr. Taylor.
There he is.
Mr. Taylor, could you state your name, please,
to spell for the court reporter?
My name is John Taylor, J-O-N-T-A-Y-L-O-R.
I'm here to...
Great.
Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth?
I swear and affirm.
All right.
Could you identify your client in relationship to this property?
My client is the owner of the property, Cindy Real Estate LLC, and Susan Jen is here to testify for the owner.
Thank you. Our vice chair has just a few questions for you.
Good morning, Counselor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed all the required documents and exhibits to proceed with this case five days in advance of this hearing?
Yes, I have.
Thank you. Please proceed and share your screen.
Out of curiosity, do you have a letter from the Frankfurt CDC?
We do not have a letter from the Frankfurt CDC.
And my anticipation is that they've actually refused the project, but haven't sent a letter.
Okay, thank you.
Proceed.
This is the, before I begin, I would like to show you the exhibit list.