Thank you.
Thank you.
Someone has their mic open?
Only me.
Okay, Chair, we have about 32 attendees.
We can start whenever you're ready.
Good morning, everyone.
My name is Carol Tenere, and this morning I'll be the Chair of the Zoning Board of Adjustments.
hearing. I'll be participating in today's hearing along with Board Secretary Confessor Plaza and
Board Members Thomas Holloman and James Snell. Our Board Administrator Jason Hand will also
be in attendance along with our Attorney Sharon Saleta. For those of you who haven't yet
participated in one of our virtual hearings, I'll go through some of the basics of what you can
expect. First, we will be administering oaths to individual participants prior to their testimony.
Second, we'd like to advise everyone that this proceeding is being recorded and that by
participating, you acknowledge your agreement to be recorded. This is available to the public
on the web or otherwise. Third, for anyone participating by phone, if you wish to testify,
you must raise your hand by hitting star nine, then star six to unmute yourself. To enter an
appearance statement, call Google 267 -270 -5548 and leave your email address and address of the
property at issue. And I'll repeat that. If you wish to testify, you must raise your hand by
hitting star 9, then star 6 to unmute yourself. To enter an appearance statement, call 267 -270 -5548
and leave your email address and address of the property at issue. Fourth, the Q &A box is not for
testimony. Any comments are to be directed to Ms. Tanya Sunkit. Today we have continuance.
I will call out the ones I have first. Calendar number 0361 -1631 South 52nd Street.
calendar number one nine five seven twenty two twelve Bryn Mawr Avenue
calendar number one eight three nine five zero one one Woodbine Avenue
and calendar number zero three three two nine oh six East Shelton Avenue
if there are any objections to these continuances please raise your hand
sorry for uh interrupt you did uh the ones with no exhibits as well there's a couple with no
exhibits uh the number five has no exhibits but it's a first listing
and number eight is no exhibits first listing right and number i'm sorry for this one you're
going to if you can get the continuance is done first then you can call out the no exhibits one
at a time you have to check to see whether anyone is here for any of them do you want me to even
call out before the regular progression of cases the um all the ones with no exhibits even if it's
first listing or do you want me to just follow no just if you could just call one at a time
confirm that some whether someone is here for them and then you can okay so um i guess seeing
that there are no hands for objections are there any additional requests for continuances or
withdrawals. Please raise your hand.
Please raise your hand.
Madam Chair, I see no hands at this time.
Okay, let me find this.
Okay, calendar number, this is number
5, 0360 2338
North 16th Street. There are no exhibits for this case. Is there anyone here for that case?
The owners are Rashun Abdurrahim and Kadir Abdurrahim.
Please raise your hands if you're in the virtual audience.
there's no hand okay this case will be continued
Calendar number number eight. Calendar number 0333 -3353 Emerald Street. There are also no
exhibits for this case. Is there anyone here? The owner is Capital Group, LLC. Please raise your hand.
I see no hands for this one either, Madam Chair.
Calendar number, thank you.
Calendar number 0333 -3353 Emerald Street will be continued.
Next case number 10 for the Board.
Calendar number 1841 -3469 Crystal Street.
There are no exhibits for this case, and this is the second listing.
Is there anyone here? Please raise your hand.
Mr. Carlos Moronta has his hand raised. I have allowed him to speak.
Thank you. Mr. Moronta, can you please put your name and address on the record
and spell your name, and then I will swear you in.
Carlos Moronta.
Hello.
Yes, we can hear you.
okay let me check this in and put my computer right here
excuse me um can you please give me the address for me please
3469 crystal street yes it's carlos diclo c -a -r -o diclo is d -e -c -r -o
and who is carlos moranta
i believe that's another case not this one that's another case
um okay on this case i have the owner as ib realty and services llc yes is that your llc
yes okay you can there were no exhibits submitted five days in advance and in any case
because the owner is an llc you will require an attorney to represent you
and this is also the second listing yeah madam chair my vote would be to dismiss this case
that would be my vote too holding us up let's go yep calendar number 1841 3469 crystal street
this case is going to be dismissed dismissed dismissed dismissed calendar number 0968 4240
Calendar number 0968, 4240 North Broad Street, Suite 2.
The owners are Adam Kee Kim and Minja Kim.
There are no exhibits with this listing, and it's the third listing.
My vote for this case.
Can we see if anyone is here first, please?
Thanks, Sharon.
just in case they have some reason
they'd like to put on the record.
Jason, are you there?
No hands, Chair.
no hands thank you calendar number 0968 4240 north broad street suite 2 my vote is to dismiss this
case dismiss dismiss dismiss thank you number 14 for the board calendar number 0357804 east
tioga street oh and the owner is carlos moronta there are no exhibits and this is a first listing
if anyone is here could you please raise your hand
once again madam chair no hands
okay this case calendar number zero three five seven eight zero four east tioga street will be
continued are there any other requests for continuances or withdrawals please raise your
hand. I'm sure Mr. Moronta has raised his hand again. I will allow him to speak. That is okay.
No. His case was dismissed. So he can contact the office. You can go forward with the next.
All right. Ms. Tina Marie Russell has her hand raised.
And excuse me, just to clarify, Mr. Moronta's case was continued, not dismissed.
It was the first listing.
I'm sorry.
It's okay.
Right.
No, the one case was dismissed, the Crystal Street and Tioga is continued.
And Tina Marie Russell is here for which case?
Hi, Tina Marie Russell for a continuance request.
Can you put your name and address on the record, please?
Tina Marie Russell, North Central Philadelphia, CDC, RCO.
Thank you.
Do you swear for him to tell the whole truth and nothing but the truth?
Okay, you may proceed.
We're asking for a continuance for 2338 North 16th Street, MI000360.
We haven't received any communication from this applicant as of yet.
this has already been announced just continued okay i'm sorry about that i just came on thank
you though thank you okay so i'm going to begin the hearings calendar number 0331 1121 lindley
avenue the owner is jonathan wichkins
Mr. Widgkins, please raise your virtual hand so that you may be sworn in.
He's been promoted to panelist, Madam Chair.
Thank you.
Mr. Widgkins, can you hear me?
excuse me sir okay thank you mr widgekins put your name and address on the record please
and spell your last name my name is jonathan widgeons w -i -d -g -i -n -s my address is 1121
linley avenue philadelphia pa 19141 thank you do you swear or affirm to tell the whole truth
and nothing but the truth yes ma 'am have you emailed the exhibit packet with the required
documents proof of ownership tax compliance a copy of the refusal photos and or plans
photos, and or plans of the property five days in advance of this hearing? And have you met with
of the property five days in advance of this hearing
the RCO? And do you have a letter? Yes. And the last one, I do not have a letter. I did meet with
the RCO. Okay, you may proceed. Do I speak my piece now? And I've never done it. You sure do
change the use of my home from a single family home to a multifamily. It was already made like
a multifamily unit, but it's owned as a single family unit. So I just want to do things, I guess,
the right way, legally. Do you have drawings of the space you're speaking of? Yes, I submitted
the floor plans. Can you share it on the screen? I don't have it on this computer. Let me see here.
I should. Let me see. Okay. Oh, no. Okay. How do I share it on the screen? Just tap share screen.
yes tap share screen and then you choose the screen that you want to share
okay it will be download
is it sharing yes it is okay
but you have to actually open up your file okay this is the first file
um and then the other one is the actual you guys don't need this one right
we need to see the exhibits that you submitted which is pictures plans um to discuss your case
here we go will this will this be suffice we're not we're not seeing any of that we just see your
like your calendar sorry oh need to unshare and then when you have it open reshare it okay and share
i didn't know my computer literacy no it's fine okay and now make sure this is the right screen
hit new share um so i don't know if you actually stops did you go down to the bottom green button
and say stop sharing uh okay here's stop share yeah there you go and now um have the document
that you want to show open on it before you can. Okay. Thank you.
It's going to be this one. Can you see it now? There you go. Yes. Okay. Thank you.
This is kind of nerve wracking. And this here is the basement.
and what isn't just utilities are in the basement yes the water heater no washer and dryer
just the water heater uh electrical panel it's pretty much empty okay
this is the floor
uh the entrance living room bathroom bedroom kitchen the outside porch here
and this is a wall here that separates it the hallway going upstairs
shall i proceed sure okay
here's the second floor uh here's that same stairway this is a wall this is a door to the
living room see kitchen bathroom bedroom number two bedroom number one master bedroom
storage closet in the hallway and this is the third floor stairway wall
bedroom number one bedroom number two bathroom living room kitchen
bathroom, uh, living room, kitchen.
So that's three units. Yes, ma 'am. Okay. What is on either side of your home?
Um, single family. It's a twin. It's a single family, but it's connected to another home.
If you're facing a home to the right, and then there's a walkway in the yard to the next home.
the next home is pictures of that um well actually yes i'm showing this one okay now you have to
rotate your screen oh geez it's okay it's okay we're all learning uh wait one more rotate because
we're all facing right side up let me see here we go so is your house the corner house
my no this is my house here and no the grass doesn't look like this now
and this is the home to the right is a single family this home here yes yes yes
and what about the rest of the street uh which side um on your side across the way is it basically
a single family neighborhood oh no it's it's several multi -family units uh here
multi -family unit and directly across the street it's two multi -family units
here it's apartment complex here uh i'm not sure if it's multi -family units here i don't
i don't know the owners or anyone in the house i'm just assuming here and you attended the rco
meeting with the 35th district town watch yes ma 'am did they take a vote uh far as i know yes
i didn't get the letter yet to my understanding they do not oppose what i'm trying to do
um if you guys would like to wait to hear from them before you make a decision
that'll be fine maybe there's someone here in the virtual audience
from the 35th district town watch um there was supposed to be someone here i'm not sure if she's
in attendance miss hillary emerson hillary are you here if you are can you please raise your
hand if she's here i will allow her to speak at this time thank you
good morning madam chair hillary emerson on behalf of councilwoman cherelle parker
hi hillary do you swear from to tell the whole truth and nothing but the truth
i do okay you may proceed hi thank you um in terms of the rco meeting um the coordinating rco
uh was the logan civic association um there the 35th district town watch the person who heads
that organization um oversees the zoning for the logan civic association so that's why the
um the names got crossed there um but the the at the meeting um you know mr widgeon's presented
um the community asked some questions um and uh afterwards mr ridgen's left there was a vote and
um there was no opposition to his request to um have the property they used to be a triplex and
i can speak on the councilwoman's position now if you would like as well yes i would okay um
The councilwoman doesn't oppose the request.
This property has been at least a duplex since 1941.
L &I's records are a little confusing as to whether there were two, there have been two units or three units in the property, but it has been multifamily since at least 1941.
The other half of the twin also appears to be multifamily as well.
um and as i mentioned the community is not opposed um the councilwoman um asked for uh
because this is a triplex um that a certificate of occupancy be obtained in nine months and that
there be um no um no unit in the basement okay thank you no unit in the basement and what was
the other? A certificate of occupancy within nine months. Okay. I'm metal chair. May I ask a
request? Oh, sure. Ms. Emerson, state her name and spell it for the record, please.
I think she did. Hillary, go ahead. I stated my name, but I don't think I spelled it this time.
I think she did. Hillary, go ahead. I stated my name, but I don't think I spelled it this time. I'm sorry about that, Tanya. My name is Hillary Emerson. Last name is E -M -E -R -S -O -N.
Thank you. We have a new court reporting agency. I just want to make sure that they're able to follow along.
Absolutely. Great. Thank you.
Thank you, Hillary. Is there anyone else here?
on this case if you are please raise your hand
no further hands at this time madam chair thank you does the board have any questions
no no no thank you calendar number zero three three one oh no planning commission hi david
hi carol how are you good um good good morning madam chair members of the board
david effecto f -e -c -t -e -a -u with the philadelphia city planning commission
uh madam chair members of the oh do you want to swear me in yeah i forgot that too tanya come on
do you swear or affirm to tell the whole truth and nothing but the truth i absolutely do thank
you for asking thank you i apologize for that oh that's okay madam chair members of the board
the comprehensive plan recommends this property for single family use there is a documented history
of this property as a two -family home dating back to 1951. We recommend that the board approve the
requested variance. Thank you. Calendar number 0331, 1121 Lindley Avenue, my vote is yes,
with the proviso's certificate of occupancy within nine months and no units in the basement.
yes with proviso sorry about that yes with proviso yes with proviso thank you calendar
number 2198 1904 south 7th street the applicant is maria linerzi estevez rosario
excuse me madam chair we've had a request for a an interpreter spanish interpreter for this
case. I see this. Ms. Sunkit, are we able to or will this have to be rescheduled?
It will probably have to be rescheduled.
Is there anyone here on this case? Ms. Esteves with her hand raised.
so we now are doing our speed
madam chair um yes is there an interpreter here i don't think so madam chair i was just thinking
about that okay so this case will have to be continued calendar number two one nine eight
1904 south 7th street this case is continued an interpreter is required and i would if i could
madam chair request that miss estevez um please reach out to me directly um so that i can give
you a great date i apologize but we did request an interpreter um miss dandy could you please
give her my email address
so she can reach out to me. Thank you
kindly.
Calendar number
1957, 2212
Bryn Mawr Avenue. The attorney
is Vernon Anastasio.
And it
appears that he is requesting
a continuance.
and I think that was already called out as a continuance.
Mr. Anastasio has been allowed to talk, Madam Chair.
Okay, Mr. Anastasio, can you put your name and address on the record and spell your last name, please?
Sure. Good morning, Madam Chair.
Vern Anastasio, V, like Victor, E -R -N, like November.
Last name A -N -A -S -T -A -S -I -O, 1315 Walnut, Suite 1006, Philadelphia, 19107.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Okay, before I go into the reading and stipulating, are you requesting the continuance?
This case has already been continued.
It's already been continued.
At the beginning of this hearing, yes.
Thank you.
Thank you.
Calendar number 0335 2734 South Marvine Street. The owners are Nico Holdsworth and Gabriela Mostero.
Calendar number 0 -335 -2734, South Marburg.
Madam Chair, if I could point out that this case and the next on your list are adjacent properties. However, there are two separate property owners. I'm not sure whether they were requesting that this be heard together.
um presumably they should be heard individually since they are separate property owners just so
that you're aware of that okay so i think i should hear them separately don't you think
yes unless um the owner of the first case indicates that she is requesting that they
be heard together okay madam chair miss miss narrow has her hand raised i will can
With Marisha, I can promote it to panelists.
Food Network.
She's been promoted.
Thank you.
Ms. Mastaro, can you put your name and address on the record and spell your last name?
Okay, she's not unmuted yet.
i'm sorry can you hear me now i can can you put your name and address on the record
and spell your last name please gabriella mustero m -a -s -t -e -r -o 2734 south marvine street
okay do you swear or affirm to tell the whole truth and nothing but the truth
i do okay i have a question there are two uh addresses here 2734 south marvine and 2736
south marvine are you requesting that they be heard together um yes we're asking for the same
exact thing so it probably would be easier for you to hear them together okay then i'm going to
call out uh 2736 south marvine street calendar number 0334 and the owner for that property
is um michael colazzo if he could also raise his hand and be promoted
mr colazzo has been promoted thank you jason
so ms mistero if you could present your case first and then
mr colazzo could explain that his is the same if that's the case okay
Okay. How are you? Okay. There you are, Ms. Mastaro. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and plans of the property five days in advance of this hearing? And have you met with the RCO and do you have a letter?
yes to everything except for the tax compliance we were having trouble getting in touch with them
um we tried to call but they they're not taking calls they made us email them and we're waiting
for them emails back so that we can get that handled i did um submit some assistance to
excuse me this is sharon let me just say that i will look up the tax compliance thank you
thank you thank you okay that was the only thing missing everything else was completed yes
okay you may proceed okay um i believe my architect is on this call ellie are you here
um if not i will continue do you want to see the drawings first that we're proposing
i yeah i would like you to share your screen sure miss ellie hayes has also been promoted
to panelists madam chair okay if it's okay she'd like to present the drawings
she can share the screen and present the drawings you'll have to do the explanation
i'm looking for her on the screen i'm here i've raised my hand ellie hayes
hi uh can you put your name and address on the record spell your last name please
Yes, my name is Ellie Hayes, E -L -L -I -E -H -A -Y -S, and my address is 107 Park Street, Ridley Park, Pennsylvania, 19078.
Thank you. Do you agree? Strike that. Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Okay, you may proceed.
So Gabriella, now she can show the drawings and you'll do the explanation.
Okay. In that case, then I'll just, Ellie, I'll show the drawings. I'm going to share my screen right now.
okay let me know when you can see them we can okay um on the left hand side is our original
house as it is on the right hand side is what we're proposing we're proposing a third floor
addition. Our second floor, we want to come forward so that it's the first, second, and third
floor goes straight up in the front. We're proposing a roof deck feature and a three -foot
overhang on the back of the third floor. And I believe that covers it.
Tom, do you have any questions?
yes do you do you have a refusal for the step back in the front of the building i do have the
refusal you do have a refusal yes okay thank you okay okay and you've met with the rco the south
philadelphia community civic association and there's a letter of support correct yes for this
rich the drum does anyone else on the board have questions before i move on to marvine street no
okay mr collazo
yes hi my name is michael collazo c -o -l -l -a -z -z -o my address is 2736
do you swear from to tell the whole truth and nothing but the truth yes
and you're
let me see the application is identical to the one that was just presented yes okay somebody has a
okay does the board have any questions for mr collazo because we also know that he's met with
the south philadelphia community civic association and there's a letter of support as well no no
okay planning commission
Good morning, David Fecto, City Planning Commission, Madam Chair, members of the Board.
The comprehensive plan recommends this property for residential multiple family use.
The setback requirement was placed into the zoning code to require new homes to match the
context of the block. In this case, since most of the homes do not have their third story set back
from the front of the property, we believe that the proposal matches the rest of the block.
We recommend that the Board approve the requested variance.
Okay, is there any, thank you.
Is there anyone else in the virtual audience
who would like to speak on this case?
Madam Chair, Mr. France -Pierre has his hand raised.
I will allow him to speak at this time.
Thank you.
good morning sir can you put your name and address on the record and spell your last name
absolutely good morning madam chair fellow board members that's france pierre council member
johnson's office last name p -i -e -r -r -e council member johnson joins the coordinating rco
in the community and their support of the appeal.
Okay, thank you.
Madam Chair, this is Sharon.
If I could ask that this not be voted immediately,
if you could hold it for just one more case
till the end of the next case,
because I haven't been able to check the tax compliance yet.
Okay, great.
Thank you.
Calendar number 0258 -335 East Price Street.
The attorney is Joe Consul.
Mr. Consul has been promoted to panelist, Madam Chair.
Thank you.
Hi, Mr. Consul, can you put your name and address on the record and spell your last
name and then I'll swear you in?
Yes, of course.
Joseph Consul. Consul is C -O -N -S -O -L -E. My address is 1 West 3rd Street, Suite 204,
Media, Pennsylvania, 19063. Do you swear or firm to tell the whole truth and nothing but the truth?
I do. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,
have you emailed the exhibit packet with proof of ownership tax compliance refusal or referral
refusal or
photos and or plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes to everything okay great you may proceed hey board uh joe
Council here on 335 East Price Street. This is in East Germantown. We're here with two
representatives from National Sign Corporation. This is an appeal to put signs on a storage
facility at this property. The refusal that we're getting is because in ICMX, you're
prohibited from putting signs above the second floor windowsill, and we are seeking to do that.
I'll show you guys what we're trying to do. Hopefully you'll agree it's pretty unobtrusive.
um so one of the signs that uh is above the the legal space is uh this one here um the it's in
the gray or the light gray and then uh the other one is here uh and it's on the corner of the
building here, just above the second floor. So we got a refusal for two of the signs.
And if you have specific questions about the signs or the shape, I can call the folks that
drafted all this. But I guess the takeaway from my end is we met with the RCO and we have full
support the proviso being they asked that the um that the developer of the builder or the owner
install safety lighting on the sides of the building uh facing both rittenhouse and osceola
streets which we wholeheartedly uh agree to and you know if that's enforceable by the board
it is not it's too vague for it to be enforceable by lni but if they can reach a private agreement
that it would be completed yeah happy to we have emails um saying we agree to that so if they'd like
anything in writing that's perfectly acceptable and the rco is faith community development
corporation oh yeah part of support faith community development corporation if you look
on the bottom here we got support with proviso as i just explained okay does the board have any
questions? No. No. No. Okay. Is there anyone else who would like to testify on this case in the
virtual audience? If so, please raise your hand. Madam Chair, Mr. Charles Richardson has his hand
raised i will allow him to speak at this time thank you hi charles
good morning madam vice chair how are you hi mr richardson can you put your name and address on
the record spell your last name and then i'll swear you in yes charles richardson from the
office of councilwoman cindy bass room 312 city hall thank you do you swear or affirm to tell
the whole truth and nothing but the truth? I do. Okay, you may proceed. Just letting you know that
the councilwoman has no opposition to granting this variance. Thank you so much. Thank you, Charles.
Is there anyone else, Jason, in that audience, raising their hand?
no madam chair no further hands at this time thank you calendar number zero two
planning commission hi david hello good morning members of the board david fecto
city planning commission the comprehensive plan recommends this property for industrial and
commercial mixed use we recommend that the board approve the requested sign variants
thank you calendar number zero two five eight three three five east price street my vote is yes
my vote is yes my vote is yes my vote is yes thank you and sharon do you want me to go on
to the next case or um no madam chair i've confirmed that both of the marvine street
properties are tax compliant. Okay, great. Calendar number 0 -335 -2734 South Marvine Street
and calendar number 0 -334 -2736 South Marvine Street.
2736 South Marvine Street, Monteges, or both?
Yes to both.
Yes to both.
Yes to both.
Thank you. Good luck.
Calendar number, 1836 -3461 Cotman Avenue.
The attorney is Vern Anastasio.
Mr. Anastasio has been promoted to panelist.
Thank you.
Mr. Anastasio, can you put your name and address on the record and spell your last name, please?
Yes. Hello again, Madam Chair. Verne Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia 19.
Okay, you're already under us. Do you also agree to wait?
And that's Verne, V -E -R -N, like November.
Yeah, I was just spelling for the.
Okay, for the court reporter.
Yeah, but I guess we're good.
Does the court reporter need that spelled?
No, I do not. Thank you.
Thank you.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Thank you. So this is...
Mr. Aestasio, can you hear me?
Yes, I can. Can you hear me?
Yes. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Okay, have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos and or plans of the property, five days in advance of this hearing, you met with the RC, and do you have a letter?
Yes, to all of that.
Thank you. You may proceed.
Thank you. So this is the subject property. It's right on the corner.
there's the side of it previously this lower level was a doctor's office approved by the
zoning board of adjustment and then there are two previously approved apartments above we are
simply dealing with this first level the application is for personal services nail salon
here's the interior as it exists it needs considerable amount of work which my client
is willing to do. There are two parking spots that come with the property. One of the provisos
that the RCO had asked for was that we make these spots available to clients of the personal
services center. And of course, we agreed to that. In exchange, we were able to receive a letter
of non -opposition which is here not opposed with proviso and again it speaks to the available
parking spots excuse me this is Sharon Mr. Anastasio can I ask because this is the there
are existing two residential units was parking required for those units and concerned with so
would this generate another variance? Parking was not required with those because the application
was not for, the previous application did not speak to parking at all. It was just use.
Okay. Thank you. You're welcome. And the variance that was granted was in, I think that says 19,
yeah, 61, was actually for the doctor's office. The two -family dwelling was already in existence.
okay thank you and you've met with the mayfair civic association and the 64th democratic board
there's a letter of non -opposition i met with mayfair and i believe the other rco was
included in that but we have a non -opposition with provisos as this shows
okay does the board have any questions no I have my client here no if I could get her to
uh to uh just adopt my testimony absolutely thank you I appreciate that Judy could you raise your
hand she's been allowed to talk
it's right here here hello are you there judy yes yes i'm here thank you did you hear my
presentation to the board this morning yes and is it true and accurate to the best of your knowledge
and is it true and accurate to the best of your knowledge yes and do you adopt it as your own
yes and do you adopt
testimony uh -huh thank you very much okay i'm sorry this is sharon can i interrupt for one
more minute um i'm only concerned that if the board adds this proviso that the existing parking
spaces will be made available to clients of the business are those the existing parking spaces
have they ever been approved are they legal do we know
if they were approved it was prior to 1961 and everybody parks back I mean it's a there's a
shared driveway so it appears as though they were at one point legalized although they don't speak
to it in any of the history on Hanson or Atlas okay so if the board adds that proviso it's just
with the understanding that you may have to legalize those spaces understood thank you okay
judy are you still on yes do you swear if i'm to to tell the whole truth and nothing but the truth
yes okay um planning commission we get her spelling as well
sure judy your name can you please spell your last name yes j -i -a -n -g down
C -U -I, J -I -A -N, Kui Wan, Kui Wan Jiang.
Address 3461 Common Avenue, PA -19149.
Thank you kindly, Madam Chair.
Thank you.
Planning Commission.
Good morning.
David Fecto, City Planning Commission.
Madam Chair, members of the Board,
The comprehensive plan recommends this property for residential single -family use.
However, the other three corners of this intersection have commercial uses.
We recommend that the board grant the requested variance.
Thank you.
Is there anyone else in the audience who would like to speak on this case?
If so, please raise your hand.
Madam Chair, I have Mr. Ernest Garfield with his hand raised.
at least I will allow him to speak at this time.
Thank you.
He's available to be sworn in.
Thanks, Tanya.
they've hit my car mr garfield can you hear me yes can you put your name and address on the record
please and spell your last name yes can we also is can you tell us which property this is for
because i have my neighbor on the line and he's trying to get 3461 copman avenue no we're not
here for copman we're for bremar which mr istagio is the uh attorney we're just confused as to
whether or not it's been continued or not it was continued okay thank you so much so how many
thank you tanya
so is there anyone else here on a 3461 copman avenue if so please raise your hand
do you know further hands at this time madam chair okay calendar number one eight three six
thirty four sixty one cotman avenue my vote is yes my vote is yes my vote is yes my vote is yes
thank you
completes
the 930 hearings
is that correct board
believe so
wow okay
I will see
I know I will see
everybody back I know
I will see everybody back at 2 o 'clock
you got it
See you later.
Thanks, everyone.
Good afternoon.
My name is Carol Tenere.
Wait, am I muted?
Okay, good afternoon.
My name is Carol Tenere, and today for a while,
I will be the chair of the Zoning Board of Adjustment.
I'll be participating in today's hearing along with Board Secretary,
confessor plaza and board members thomas holliman and james now board administrator
Jason Hand is in attendance, and Board Attorney Sharon Saleta is also in attendance.
jason hand is in attendance and board attorney sharon saletta
For those of you who haven't yet participated in one of our virtual hearings, I'll go through
some of the basics of what you can expect.
First, we will be administering oaths to individual participants prior to their testimony.
Second, we'd like to advise everyone that this proceeding is being recorded and that
by participating, you acknowledge your agreement to be recorded. This is also available to the
public on the web and otherwise. Third, for anyone participating by phone, if you wish to testify,
you must raise your hand by hitting star nine, then star six to unmute yourself.
To enter an appearance statement, call 267 -270 -5548 and leave your email address and address of the property at issue.
Again, if you wish to testify, you must raise your hand by hitting star 9, then star 6 to unmute yourself.
to enter an appearance statement call 267 -270 -5548 and leave your email address and address of the
property at issue fourth the q a box is not for testimony any comments are to be directed to miss
tanya sunkett period okay are there any requests for continuances
if there are and you're in the audience please raise your hand
madam chair this is sharon i believe there was one continuance at least that you were
going to read into the record that was previously requested is that number nine
15th Street
Ms. Saleta
I'm going to read what I do have
it's calendar number 3251
400 -18
North 15th Street
this case is continued
are there any other requests
for continuances
If so, please raise your hand in the virtual room.
Good afternoon, Madam Chair.
Ms. Catherine Missimer has her hand raised.
I will allow her to speak at this time, if that is okay.
It is okay.
I just continued her case, but sure.
Catherine, can you put your name and address on the record and spell your last name?
and i'll swear you in it's katherine misamer m -i -s -s -i -m -e -r 1835 market street suite 1400
19103 and you're you're on because of uh calendar number three two five one four hundred dash 18
north 15th street that case was just continued that is my case but the address should be fifth
street rather than 15th so i just want to confirm that okay i'll call it out again calendar number
3251 400 -18 north 5th street is continued great thank you thanks listener i apologize that has
to do with my typing skills not visions no problem i just wanted to make sure we were talking about
the same case she's so good at being a lawyer she makes these minor mistakes thank you sure
are there any additional requests for continuances or withdrawals please raise your hand
madam chair a missed wait she had her hand this person had her hand raised but then it
was put down for some reason.
Someone else, Ms. Debra
Silvera has her hand raised. I will
allow her to speak at this time. No, she doesn't need
to speak.
Thanks. Thank you. Debra, you can reach out to me if you need
by Q &A.
But that's our interpreter.
We're only doing continuances right now.
The next person I have up is Ms. Penelope Long with her hand raised.
I'm sorry, Chair Penelope, are you here for a continuance?
Hi, can you hear me?
Are you here for a continuance?
i'll be honest i'm not sure what that means i am okay so we're going to ask a question you can do
I'll be honest, I'm not sure what that means.
Okay, so we're going to ask a question.
it in a q a we're only doing continuances right now sorry what does that mean thank you chair we
can move forward okay so i'm going to start with the um first case which is an add -on calendar
number madam chair if i could suggest that um one of the reasons the cases were delayed
was so that all of the board members could be present if we are expecting um Mr. DiCicco to
join us later in the session you might um hold the add -ons until that time
um I think I can go forward okay thank you okay
calendar number 0760 1415 north 7th street my vote is no
my vote is no voters no my vote is no
and calendar number 2481 3948 -50 west gerrard avenue
my vote is yes my vote is yes my vote is yes my vote is yes and just to be clear that is yes to
reconsideration and rehearing yes that's right thank you um yes yes to reconsideration and
rehearing yes to reconsideration and rehearing yes to reconsideration and rehearing yes to
reconsideration and rehearing.
Calendar number 0870
1209 Snyder Avenue. The attorney is
Michael Phillips.
Mr. Phillips has been promoted to
panelists.
Good afternoon, Mr. Phillips. Hi. Can you put your name and address on the record and spell your last name and then I'll swear you in?
Sure. Michael Phillips, P -H -I -L -L -I -S, 1500 Market Street, Suite 3400, Philadelphia PA 19102.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes to all.
Thank you. You may proceed.
Okay. I'm about to share my screen.
We're here on 1209 Snyder Avenue.
I'm here on behalf of DSPS LLC, which is the owner of the property.
I have Michael Agnall here with me to testify.
This is an existing property, zoned CMX1.
It's been long vacant, and we're looking to add an addition at the rear and above
and to use it as a three -family dwelling unit. We met with East Passion Crossing
back in earlier this month and they indicated their unanimous support for the plan
and their letter of support is located at Exhibit A in the packet. I see there's a letter of
non -option from councilman as well okay um thank you uh i will run through uh the plans uh briefly
and the refusals again we have a refusal for use as this is zoned cmx one however we're in uh
snider avenue where there are a number of multi -family uses uh in the vicinity as well
as ground floor commercial um show you some existing photographs of the property
so here's the property right here it's the one that is boarded up and vacant
and as you go to the corner there are some commercial uses at ground floor however those
commercial uses stop at the property right before us this property right here at 1207 actually has
approval for three family dwelling with ground floor commercial again we're not looking for that
floor commercial we're just looking for the three -family dwelling we also received refusals
on open area 75 percent required we're putting 85 and in the rear yard where nine feet required
we're proposing three foot eight but as i'll show in plans that three really is just a product of
But as I'll show in plans that three really is just a product of the balcony off the second floor rear, which was also a refusal for the CMX one district.
the balcony
So and here's the property and the rendering. We're showing an addition here to the rear as well as above for the roof deck.
there would be a balcony off the second floor and these steps that come off of the first floor to
the rear area and that is aside from those steps right here we have seven feet eight inches
so you know that that rear there actually is quite an ample rear yard I am just going to
hop on that list just so you can see the homes to the rear along Mercy Street all pretty much
have 100 % lot coverage come right up to the property line. So we're going to be more open
than they are. And then I will just take you quickly through the floor plans. Here is the
proposed first floor plan. The enter is about a 550 square foot, one bedroom unit. The second floor
actually uh is enters through the same way but they have the rear area here with the rear yard
that's really the nicest unit it's a 726 square feet two bedrooms and uh and two baths and then
lastly you have the third floor unit which is about 584 square feet again that one's a two
bedroom one bath and that has the access to the roof deck and here's the roof deck plan
with the appropriate setbacks. Here is the zoning map, again, showing that we're right next to CMX2.
We're CMX1. Here's all RSA5. There are some duplexes mixed in. There's a large multifamily
building across the street that zoned CMX2 .5, 17 units. So again, nothing out of context with
the neighborhood. We believe that this fits, and that's indicated by the overwhelming community
support we received. Here are just some more photographs of the street. You can see the width
and the, you know, some commercial uses across the street. Here's that large multifamily building
that I had mentioned a moment ago. So, and we believe that the variance is consistent with the
surrounding neighborhood and won't adversely impact the neighborhood at all, and it will
support Snyder Ave and take this long vacant property and revitalize it and bring it back
to use. I would just like to ask if Michael Agnall is here, if he could be sworn in and
adopt my testimony. If you're here, can you please raise your hand?
Mr. Michael Agnall has been allowed to speak, ma 'am.
Thank you. Michael, can you hear me?
Yes, I can. Can you hear me?
Okay, yes, I can. Can you put your name and address on the record and spell your last name, please?
Sure. My name is Michael Agnall, last name E -G -N -A -L. Address is 1904 Mount Vernon Street,
Philadelphia PA 19130. Thank you. Do you swear or affirm to tell the whole truth and nothing
about the truth? I do. Okay, Mr. Phillips. Michael, just a couple quick questions. First,
you heard everything that I stated a moment ago? I did. And do you agree to adopt my testimony as
your own? I do. And do you agree that everything that I said is true and correct to the best of
your knowledge information and belief? I do. And can you just briefly tell the board the condition
of the property when you purchased it? Yeah, when I purchased it late last year, there was an L &I
make safe violation that had to be addressed before anything else could be done. The entire rear
of the building was crumbling and had to be torn off and shored up before I could begin to file for
a permit, and the neighbors were understandably, you know, incensed about that. In fact, I think
some people had broken into the property at some point over the last several years and had been
kind of living inside and turned it into a bit of a squatter encampment, so it was just in really
bad shape, and it's a great block and a great community, and it was kind of holding the whole
area down so I was happy to tear the back down and fix it and again the use that you're proposing
are just three units in the three -star building that's right okay I don't have any further
that's right okay i don't have any further questions for mr agnell thank you does the
questions for Mr. Eggnall. Thank you.
board have any questions no no no planning commission
good afternoon board peter bernard for the planning commission can you spell your last
name please b as in boy a as in apple r as in roger n as in nancy a as in apple r as in roger
d as in dog do you swear or affirm to tell the whole truth and nothing but the truth
i do okay you may proceed this property is indicated for single family residential in the
comprehensive plan we feel this proposal represents an overuse and that the property
is not unusual in shape or size we feel the applicant has failed to demonstrate sufficient
hardship accordingly we recommend against granting of the variances thank you
calendar number zero eight seven zero excuse me yes then can we hear from uh i guess the
community group or anybody else yeah sorry about that is there anyone else who would like to speak
please raise your hand
i see no hands at this time madam chair thank you calendar number is 0870 1209
snyder avenue my vote is yes my vote is yes my vote is yes my vote is yes
thank you very much thank you calendar number 2181 1322 south 53rd street the attorney is leo
Mulvihill.
Mr. Mulvihill has been promoted to panelists.
Mr. Mulvihill, can you hear me?
Yes, you can.
Name and address for the record
and spell your last name, please.
Certainly, name is Leo Mulvihill,
that's M as in Michael, UL, V as in Victor, I -H -I -L -L.
Address is 315 Green Street,
first floor, Philadelphia, Pennsylvania, 19123. Thank you. Do you swear or affirm to tell the
whole truth and nothing but the truth? I do. Do you also agree to waive the reading of the
refusal and stipulate to its accuracy? I do. Have you emailed an exhibit packet with proof of
ownership tax compliance, refusal or referral, photos and or plans of the property five days
in advance of this hearing? And have you met with the RCO and do you have a letter?
with the packet's been emailed we met with the rco yesterday and i do have a letter which i
will share separately thank you you may proceed so good afternoon members of the board this is
leo mulvihill on behalf of city block acquisition 10. what i have for you today is a discussion
about the proposal that we have for this property and along with that this we will be requesting at
the at the end of our presentation a resumption hearing based on communications we've had with
council person's office since uh the meeting that we just had on i'm sorry on monday night
what i'll do first is i'll get to that letter that we received and then i'll get to my packet as
well okay a moment please so members of the board what i'm showing now is what i'm going to be
marking for the purpose of the record is applicant exhibit i guess we'll call it x just for purposes
of clarity. So we did hold this meeting. This letter is dated April 26, but I believe that
was a typographical error as we only had our meeting on Monday for this property. We did
meet with near neighbors. We are proposing a multifamily development after we had taken
several lots, six altogether, did a lot line relocation subdivision in the four lots that
were approximately 25 feet wide. We were proposing on each lot to build a multifamily residential
unit. So between the four lots, a total of 24 units. When we originally undertook this project,
this lot was zoned RM1. And by the time it was submitted, the lot had been rezoned our SA5. So
that's really the crux of our appeal here. But for the purpose of the record, again, I'm showing
into that x we had 32 attendees at a meeting with the 51st ward democratic rco there were a number
of votes in favor a number in opposition a number of abstentions but after continuing discussions
with this rco my client does wish to have containing discussions with them and the
council person's office but i will go through the remaining parts of my presentation now
that's part of the reason this was not included with the packet so back to my title page now i
I have a refusal appeal and project information form at page one area zoning maps at page 12 deeds for the properties are page 13 and they take up a substantial amount of my packet as a commercial activity license for my clients at page 126.
of my packet. It's a commercial I could be licensed for my clients at page 126.
Tax clearance is at 127. The zoning notification letter that I sent out, along with proof of
mailing, is at page 128. Photos are at page 131. Plans are at page 140. I also just want to mention
I'm not intentionally wearing sunglasses. These are my normal screen glasses, and my normal glasses
have broken. I'm waiting for a new pair. I'm not trying to be cool. This is the only way I can see.
So, for right now, I'm going to show everybody my presentation packet, including the refusal.
So, as I discussed, this is a single -family residential district.
We're proposing to erect four multi -family dwellings for a total of 24 units.
When we originally undertook this project and got everything rolling, did the subdivision, this was all zoned RM1.
and as part of council persons blackwell's uh efforts this was rezoned rsa 5 by the time we
had gotten all of that done this would have been a by right project before now it's not so now we're
in front of you essentially in this what we're proposing is for each structure two ada accessible
units in the ground story and then additional two bedroom units above um each of the units are going
be approximately 850 square feet for the two bedroom units and 650 square feet for the ground
floor units for purpose of the record i'm referring to page 5 of 147 of my packet so that we have that
all clear what's also been shown on the middle of the page here paragraph three is a number of other
multi -family properties on this block um they range in between two and five of six dwelling units
I know there's a rooming house on the corner as well, which indicate this property's multifamily history, despite the fact it's been recently rezoned as a single family, as it is largely single family home and homeownership across the street.
Going now to page 13 of my zoning packet. These are the screenshots that I took from the Philadelphia Atlas site. To the top, we see the area zoned RSA 5. I'm going to zoom in so it's less blurry.
the city zoning map doesn't yet reflect the fact that we've had this subdivision and new lot line
relocation done so the six lots that previously existed which varied from between 14 feet
to about 20 feet are now all even at approximately 25 feet looking down to the bottom of page 12
this is a screenshot showing the overhead view showing the large vacant lot which is the lot
that we're discussing, which is now currently legally for equal lots.
I'm going to skip over the several, approximately 100 pages of deeds, but I will assert for
the record that my client is the owner of all these properties.
We have received new OPA address numbers for them.
The subdivision has been completed to the best of my knowledge.
Just bear with me for one moment.
At page 124 of the packet, this is the address notice to be received with respect to the new parcels from the Office of Property Assessment.
This is my client's commercial activity license at page 126.
At page 127, this is a copy of my client's tax clearance certificate.
This is my notification dated Thursday, 22nd, 2021.
And the reverse to page 129.
At page 130, this is our proof of mailing showing that we sent out 126 letters to affected neighbors.
Going to page 132, pardon me, 131 rather, this is the property in question.
There's currently a fence.
There's large Victorian homes on the block.
On this side, the other side of the block, slightly smaller homes, not quite as grand as the large Victorians, but still very nice.
I'm just going to circle through so we have an idea of what we're looking at on the block.
This is looking towards the corner, 53rd Street.
You can see at the left of these photographs, which I apologize, are a little bit blurrier than I anticipated.
To the left, we see those larger Victorian homes, as I discussed.
At the end of the block, indicating where my cursor is, this is the larger rooming home that's been currently permitted, I believe for six units.
Across the street, these are the two family homes.
Pardon me, the two -story homes, rather.
This is looking up the block again.
back to our lot and back to the adjacent properties that show the larger Victorian homes on our side
of the block. For purposes of the record, this is an unnumbered page as it was a slip page that
was added to update our rendering at the request of an initial community meeting we had several
weeks ago with the RCO and some of the other affected residents. What we tried to do with
the terms of this design is kind of pay an homage to the existing structures on the block, a rounded
base, red brick, and try to make them look instead of like a large apartment complex,
and try to make them look instead of like a large apartment complex which we could have done if this
which we could have done if this were.
were one lot that we had built one building on when this was zoned rm1 rather we tried to take
an approach to make each of them look like a single property itself in line with what exists
already on the block which appear to be a mix of twins and row homes there have been discussions
after our community meeting on monday that there might be some revision to this facade
Specifically, some sort of addition of a porch area or an overhang in the front to try to tie into the existing structures that are adjacent on the block.
Some folks had wished that we'd put stairs or whatever else on the front.
The reason we're not, and really can't, because we want to keep the ADA accessibility for these ground story units.
And as soon as we start getting ramps or anything, pardon me, stairs or anything involved, that becomes a more difficult problem for us.
There are not basements for these units. There will not be substantial excavation or danger to the buildings adjacent.
As I referred to earlier, members of the board, this was a by right subdivision that was done a lot line relocation prior to this being rezoned RSA 5, which happened during the process of us trying to get everything together.
So we originally had one, two, three, four, five, six different sized lots, ranging in size from approximately 15 feet, indicating with my cursor, to approximately 20 feet, just shy of that.
So we took those six.
And now moving to the right side of that page, which is page 141 for the record.
Made four equal lots, each of which are in excess of what's required in this zoning district for lot size.
none of our buildings are proposed to be larger in terms of size height footprint scope open
area than what's allowed in the zoning district either so we tried to pay careful attention to
the immediate neighbors and the context of the neighborhood and designing the structures
the page 142 this is just a color version of the overhead site plan showing the front
porches that were front open areas that we're proposing perhaps we will be considering adding
some sort of decorative porch to match more in line with what's going on next door or at least
some sort of program. There's a rear yard area. That's where our air conditioning compressors
are going to be. There's an alley behind the properties. It's a common alley. The lots are
large. So it's 42, pardon me, 24 feet, 10 inches by approximately 102 feet deep. And that was what
we were thinking when putting this together, the highest best use of the lot. Considering
construction prices, considering AMI especially. My client does a lot of projects in this area
and we were very sensitive to new construction single -family homes price point versus new
construction multifamily in terms of allowing existing neighbors or whoever else wants to live
there to be able to get into these units at a price that is affordable. Units would be starting
around $1 ,000 a month. Now getting to page 142 of my packet, this is the typical floor plan for the
first floor as i indicated before no basements no large excavation we have a unit facing the front
unit facing the rear there's a backyard area there's a front yard area for congregation
of people so wished and these are each one bedroom units approximately 650 square feet
going up the stairs that would get us to the next stories
two bedroom units are going to be on levels two and three of each of these buildings
are approximately 850 square feet. So each of those also has a balcony to allow some fresh air,
fresh light, a little bit of outdoor space, a cafe chair. In the front unit that comes off the
living room as I sit back, this is essentially a mirror image. Washer dryers are included in the
units, and my client has his own property management company and will be managing the
properties himself. This was a prior version of the facades of the building. These drawings just
and updated for purposes of this presentation but it shows the scope of the height of these
buildings versus the adjacent next door building which is again Victorian style has a little bit
different facade a little bit different corners line just not so much how we do building these
days and you can see the changes that we made too this was a much more modern looking design
flat without the bump outs that we had discussed previously or shown in the other renderings
however based on community feedback that's what we're looking to do and frankly that might change
a little bit more in terms of facade once we have the continuing conversation with the community
group and with council person's office this is the prior version of the rendering that i showed
you previously again just to compare this at page 146 to the newer rendering which was an unmarked
slip page that i added you can see the changes that we made the rounded bays etc to try to make
that difference for the neighbors to the rear of the property this is just our rendering showing
the elevation again not exceeding height not exceeding total scope of project not exceeding
not exceeding total scope of project not exceeding open air rear yard requirements nothing like that
open air rear yard requirements nothing like
otherwise completely in line with the requirements of this zoning district other than the fact that
we were looking for multi -family uh with that you've met with the rco and yes they would like
to meet with you again yeah so we've had work they'd like to have a continuing conversation
with us with respect to this project um there are a number of different community concerns
that were brought up at our meeting um andrew goodman i believe from councilwoman's office
was present my client was receptive to having an ongoing conversation with the council person's
office and the community group mr gretory benjamin was in charge of to see what potential tweaks we
can make without changing the overall scope necessarily of the project or adding any
additional refusals that would require an amended application to see if we can make everybody a
little bit more happy about it. But that's essentially where we are. And Alan, if you're
on the line, would you please raise your hand so you could be unmuted?
All right, so my client, Alan Borovitch, was on the line.
He may not be at this time, but I can attest that as an officer of the court
and having been present at the community meeting, both the women...
There we go. Hey, Alan, how are you doing?
Can you please state your name, spell your last name, and give your address for the record?
Alan Borovitch, and the address is 1602 Frankfurt Avenue.
Can you please spell your last name for the record?
Oh, sorry. B as in boy, O -R -O, V like Victor, I -C -H.
All right. Now, Alan, you've heard my testimony today with respect to this project.
One second. Oh, I'm sorry, Mr. Neri.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Thank you. You may proceed.
Thank you, Mr. Neri.
Now, Alan, you've heard my testimony today with respect to this project.
Specifically that this was undertaken as originally designed for Bi -Right RM1,
correct and that the zoning then changed and we proceeded with the plans based on the substantial
efforts you had already put into this project correct correct and that's including the
subdivision that was done when this was done as an rm1 lot yes and you've heard my testimony with
respect to meetings with the neighbors not just at the official rco meeting but other individual
meetings that we've had both with all of us and you independently yes all right is there anything
you like that at this point no all right my testimony been true and accurate to the best of
your knowledge yes okay thank you i have no other questions for you mr borowich and we're happy to
take any comments and questions from the zoning board at this time understanding that we're asking
uh that there be a resumption scheduled to allow us continuing discussion with the neighbors
does the board have any questions no no no excuse me yes it's in an effort to um
to limit the resumption hearing to what is absolutely necessary if there are any community
members or if the council person's representative is here they should testify and perhaps then the
resumption hearing could be limited to reading a letter from the rco into the record would that
work? Is that question directed towards me, Ms. Soleta? It is, it is, Mr. Mulvihill. I mean,
that's, that's fine with me. This was, I was initially, I was roped into the communication
a little after the fact, once everything had been worked out. If Mr. Goodman's present,
I'd be happy to have him testify as to the scope of what those revisions and discussions ought to
be I just don't want to speak for him thank you is there anyone here from the council person's office
I believe Mr. Goodman has his hand raised he's been allowed to speak good afternoon
good afternoon name and address on the record and spell your last name please
Andrew Goodman g -o -o -d -m -a -n here representing the office of third district council member
Jamie Gaudier room 586 city hall you swear I'm from to tell the whole truth and nothing but the
truth yes I do okay you may proceed thank you um yeah so just here to affirm what Mr Mulvihill
said about the resumption hearing um to allow more time for for discussion with um with neighbors
We'd ask that we also be able to give testimony at the resumption hearing and just also ask that
anybody from the public who is here to comment today have the opportunity to do that as well.
public who is here to comment today have the opportunity to do that as well. Thank you.
Thank you.
I think there has to be a limit to what testimony is taken at the resumption hearing. We don't want
to continue this scheduled resumption hearing and have community members who are not here today
who are having an opportunity today to testify. The resumption hearing is limited to the change,
any changes that are made to the proposal that's being presented today, and whether those changes
affect the RCOs or the community's position on the project.
No, I have, I'm sorry, I should have, I'm sorry, I should have been clear. My, I was more referring to
if anybody is, if anybody from the community is present today, that they should have the
opportunity to speak today if they're, if they're here to give testimony.
Okay, I misunderstood. Sorry.
No, no, no.
Thank you. That concludes my testimony for today.
Okay, so Ms. Saleta, if no one is here from that community group today, does that mean they speak during the resumption hearing?
No, it means that if you call to ask if any community members are here today, if they are here to testify, then they should be permitted to testify today.
and the resumption hearing then will be limited to a letter from the community organization that
will be read into the record stating their position given any changes that are made in
the interim between this hearing and the next. Okay do I call planning commission for this one?
Ask if anyone else from the community. Yeah I'm sorry I just got it. Hi Frank is there anyone
else here from the community who would like to speak please raise your hand madam chair i have
a jihad ali with his hand raised i will allow them to speak at this time thank you
good afternoon chairman chico and mr turnini and other members of the board
hi mr ali can you put your name and address on the record and spell your last name please
My name is Jahad Ali. I'm with the Southwest Philadelphia District Services. Our address is 5213 Woodland Avenue.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Okay, you may proceed.
I'm sorry, I could ask if we could have a spelling of your name, please.
My first name is J -I -H -A -D. My last name is A -L -I.
Thank you, Tanya.
I would just like to agree with the attorney and with the council person's representative, except for one difference for Mrs. Soweto's comments is that the community received an email from the council's office that this was going to be postponed and that the developer had agreed to that.
this meeting that we had, as the attorney told you, there were multiple meetings we had,
but this last meeting, there was over 30 -something people there. Those people really were vocal and
wanted to testify. And I'm just thinking if we close the record, they will feel that they were
shorted and not advised that they would have been here today. I know Mr. Benjamin would have been
here and the other RCOs. I'm representing one of three RCOs out there, actually four. And I know
the other RCOs would have been here as well but you'll have to make the decision but if you want
me to testify you know today I'll do that. Where are those RCOs? I'm sorry. Did they not know that
there was a hearing today? We were aware there was a hearing but there was an email that came
out from the council's office that this was going to be continued. So just from a lay person point
of view they would have thought they were going to have another opportunity to talk and I know
that mr uh mr benjamin would have been here because he's an active participant okay miss
saletta i'm sorry for interrupting i was just going to say that of course this is the board's
call under those circumstances but going forward i would just like you to keep in mind that it is
always the board's call as to whether a matter is going to be continued as long as it's still
on the list you should assume that it's going forward if i can just comment we're lay people
We're not even down.
I might be one of the only people that attend this on a regular day basis, but I don't think
the other people even attend.
And to this developer's point, and his attorney will attest to this, this developer has been
well -received in the community as far as his honesty.
And I think that if this was to go forward and the community was led to believe that
they were shorted, they would hold this against this developer.
This developer has done numerous, the reason I'm here is to testify in support of this
project.
But I don't want to short the other people because at the end of the day, this developer has done multiple things.
One thing they didn't mention was that the community, we wanted the developer to consider renting these units to PHA.
This developer met with the leadership of PHA and even considered that.
This developer met with the leadership of PHA and even considered that.
So he did several things.
He redesigned all so forth and so on.
So I don't really know if you want me to get my testimony if you're going to rule that everybody has to be here today.
Where do we go with this?
Or Mr. DiCicco, Mr. Chair, where do we go with this?
These are special circumstances you will have to consider.
I wish we had known this in advance.
It could have been a straight continuance.
But at this point, it's your call.
members of the board just just to alleviate any confusion here um i just i received an email from
andrew goodman which i was copied on it looks like may 11th at 104 um asking whether we would
be open to proceeding with the hearing today and then asking for a resumption date where the vote
would take place to allow for further conversation i don't want to put words in mr goodman's mouth
but i just pulled up the email moments ago just so we're all clear i'm not sure exactly what meeting
what email was sent to the members of the community uh one way or the other but that
with this a good faith conversation a good faith email from the council person's office that's why
we proceeded today i got in late so i'm only hearing this back end of the testimony um
i understand there's a call for resumption i'm wondering if and i don't know if council
would know this or not is there do you expect uh although mr ali said that he's here in support of
the project um i don't know could someone speak to whether that's going to be the consensus would
you have any idea whether that's going to be the consensus of the rcos if there's opposition then
certainly we're going to need a lot more time yeah the answer mr chairman to chico there there
it's there's strong opposition to the project that's why i don't want that to okay understood
and from our position chair i defer to mr goodman from the council person's office as we were
pulling we were acting on the information we received from the council person we don't want
to step on anyone's toes or have anyone feel like they're hoodwinked today i just i think that's
perfectly clear we understand this maybe maybe i'm wondering tanya well we don't know what the
changes are going to be whether the stool will be opposition or not uh it sounds like we're
going to need a little bit more time at least from this conversation um chair with the resumption
hearing it's chair can i suggest that we do this and miss sunkett if you could weigh in as a
continuance meaning the property will be reposted and notices will go out yes we can do it as a
regular like in the whole new hearing yep all right let's do it that way thank you all right
and i don't think there's any further need for any more com comments if we're going to
have a hearing that uh will give people at that time an opportunity to speak
um do have people present to speak at this time if you wish
well i don't want to cut people off but if there's going to be further conversation with
the developer it's it's almost like having a new hearing uh i don't know if it makes sense
to have testimony today because that testimony may change i don't think so too mr chairman
i defer to the board's guidance and judgment on this
let's let's do as sharon laid it out and and we'll suspend of any further comments on this
on this case today it will give people an opportunity to have way in at a later date
when the project plan may be changed and some people may have a difference of opinion
why go through an exercise today on something that may
may have a different outcome a month or whatever the next date would be
that's just my opinion my opinion as well as the board wishes
understood chair all right thank you and we don't mean to be disrespectful but things may change and
understood time is of the essence here thank you
all right so uh caro i don't know where you left off i i i don't even know if we need the
planning commission to weigh in yet because again the plans may change so we're going to continue
it well so yeah it's it'll be like a special almost like a special hearing i think that's
That's what I heard Sharon said.
We were originally considering the idea of simply allowing the RCO to read a letter into the record, but we didn't understand at that point that certain community members may have been discouraged from
didn't understand at that point that certain community members may have been discouraged from
attending because they believed that there was going to be a resumption hearing and they'd have
an opportunity to testify so at this point probably better as you say to simply cut off
testimony and continue it to a future date yep okay that's what we'll do all right thank you
members of the board. Thank you, everyone. Calendar number 2181, 1322 South 53rd Street.
This case is continued. Calendar number 0789, 1620 Chancellor Street. The attorney is Ron Patterson.
A letter of non -opposition with a proviso.
Mr. Patterson has been promoted to panelist.
Thank you.
Mr. Patterson, can you hear me?
Yes, you can.
Name and address for the record, and can you please spell your last name?
Good afternoon.
Ronald Patterson, P -A -T -T -E -R -S -O -N, 1835 Market Street, Philadelphia PPA 19 -103.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, I do.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral,
photos under plans of the property five days in advance of this hearing,
and have you met with the RCO and do you have a letter yes to all the above thank you you may
proceed thank you may I share the screen okay all right we're good so this application regards
1620 Chancellor Street primarily funding on 17th Street it's the Hyatt centric hotel
located across the street from the Warwick Hotel.
This was approved as a matter of right back in 2017
after a rezoning that allowed this.
All of it started in 2012.
It is a hotel, or as we call it, visitor accommodations.
It has 332 units, a parking garage having 220 spaces,
an eating restaurant, banquet hall, personal services, and the like.
When the building was constructed, or I'm sorry, approved, it was approved with a step back here on 15th Street and slightly off of Chancellor Street, a little bit of a, let's call it a roof.
You see how the building is set back on the upper floors.
So this application, after some consideration, is to use this deck as an amenity.
And we'll explain as to what that amenity would be.
This is located in a CMX commercial zoning district, and so any roof deck that is used for a non -residential purpose requires a special exception in this district, and that's why we're here.
So with that said, if you could allow Morris Clark access so we could discuss. He's our architect from DAS.
Morris?
Hello, can you hear me?
Thank you.
yes can you put your sir can you put your name and address on the record and spell your last name
yes morris clark c -l -a -r -k -e 1628 jfk boulevard suite 1500 philadelphia pa thank you do you
swear or firm to tell the whole truth and nothing but the truth i do thank you you may proceed oh
Hi, Morris. Can you just tell the board your name and then your address now?
Morris Clark, 1628 JFK Boulevard, suite of the G -100 photo from PA.
And you are the architect on this project?
Correct.
And you are familiar with and you've prepared the plans that are on the screen right now,
is that correct? Correct, yes.
is that correct correct yes and you've heard my presentation would you adopt it as your own as
And you've heard my presentation, would you?
it were true and accurate yes okay so this is the depiction of uh uh of the of the deck we'll call
it now was a could you please describe how it was originally designed as a roof and what we're
proposing to do correct so it was originally designed as a uh as a green roof area um so
there's some small plants and low green vegetation out there. Currently it's a little over 500 square
foot little roof area and we are looking to remove some of the green roof area. We'll be keeping the
planters along the perimeter and then we'll have new paving as shown here for a couple tables
and chairs to be able to be out there for some time now i'm going to jump around here but we
did meet with center city residents association correct and you participated in that meeting
and uh here is uh my page of five of my exhibits which uh is their letter of non -opposition
uh with some provisos that there'll be no live ramp or five music on the deck
appropriate curbs or safety barrier. And that's so that you couldn't, someone couldn't fall off
the deck. So let me, let me go back to that exhibit. And so if you can just describe and
confirm with that, where that curb line will be. Yeah. So in this rendering where the, where the
green shrubs are that's a raised planter now so per the discussion with the local RCO they had
asked us to create a curb and maybe raise the planter to prevent people from being able to just
step flatly from the paper area into the soil area and reach over the side of the parapet wall
which is over 42 inches above the roof paver, the paver height, which meets code.
So we've provided a raised bed there, which will be about another 8 to 12 inches above the pavers,
and will be heavily planted with large shrubs, as shown here.
We'll be planting mature shrubs to help ensure that people are not able to go get to the outside.
The concern was that they'd be able to reach out there and put a drink with the planters in the distance.
They should not be easy for them to do.
So, with that description, I'd like to promote it, Mr. Brad Marmon from Hyatt, so he can testify.
Good afternoon, sir. Please identify yourself with the record. First and last name and spell your name, please.
And, Ron, while we're waiting, is there a revised plan?
uh no there already is a curb there so we just want to make it uh you know five inch tall
agreed to do that if not maybe uh maybe Gilbert Santana is here
one of those two gentlemen can testify if not we can uh you being an officer of court will
stipulate that they would adopt your testimony yeah and I and I wanted to add that this was
really an amenity uh that would be open during a normal uh like restaurant hours there's no
restaurant is that correct mars attached behind this glass i would really be from you know whatever
amenities are down on that floor and further down in the hotel just to use for outdoor space
um no service food but food could be brought there uh you know to be enjoyed and just enjoy
the outdoors is that correct mars yeah the restaurants on this level it's just um those
meeting rooms right behind this window they're the small restaurant hotel restaurant is down
in the hallway from it and they would be using it.
So the use is not limited to the restaurant.
It's just an outdoor space.
Outdoor space.
All right. Thank you.
Thank you.
Any questions from the board?
Anyone else would like to testify in this case?
If so, please raise your hand.
Mr. Gilbert Santana has his hand raised.
He has been unmuted.
I am actually the general manager here
at the Hyatt Centric.
I was just raising my hand to answer
Mr. Patterson's questions.
hit ryan if you want um sure i could have him adopt real quick
uh go where he needs to be sworn in i take it please identify yourself
Gilbert, it needs to be sworn in.
I take it.
Please identify yourself, sir, name and a full name.
Spell it, please.
Yes, it's Gilbert Santana, G -I -L -B -E -R -T -S -A -N -T -A -N -A.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, Ron.
Hi, Gilbert.
What's your position with Hyatt?
I'm the general manager here at the Hyatt -centric Center City, Philadelphia.
Perfect.
And you've heard both my testimony and Mars.
and would you agree that it's true and accurate and you would adopt it as your own?
I would, yes.
And anything you'd like to add to how the deck would be used to be different than what I've said?
No, I think it's exactly how we would be using it.
Okay, and you were in agreement with the CCRA provisor letter?
I am, completely in agreement, yes.
Great, thank you. That's all I have, Mr. Chairman.
Thank you. Anyone else to testify?
Mr. Wade, Albert had his hand raised. He's been allowed to speak.
Good afternoon. Please identify yourself with the records, spell your full name, and I'll swear you in.
Sure. Good afternoon. This is Wade Albert, W -A -D -E, last name A -L -B -E -R -T,
counsel for the Center City Residents Association, and I'm with the law firm of Stevens and Wayne.
You swear a firm to tell the truth, the whole truth, nothing but the truth.
Thank you. Please proceed.
Thank you. So I'm just here. I am glad to hear that, that the applicant is agreeable to the provisos that CCRA requested. I know that we discussed that at the RCO meeting that was held a couple months ago.
And I also appreciate seeing that the applicant has made some changes to the deck area, which were an issue of concern for us, that we were worried that people who might be on that outdoor area could possibly get too close to the edge and drop something off and injure somebody who's walking on the street.
So at this point, I just respectfully request that the provisos that are listed on our letter be included in the license if the application is approved today by the board. Thank you.
excuse me this is Sharon
I don't have a lever in front of me
but I remember thinking that
going through them and it seemed that
the only one that would be enforceable was
no music on the deck
that was I think you requested no
amplified
or live music so maybe
just no music since I'm not sure what other
alternative music type there would be
were there others that you'd
um yeah as we mentioned uh there was a uh uh we were going to raise the curb uh that's in the in
front of the landscaped barrier that's in front of the wall so that it adds an extra layer of
protection from people walking through uh the landscaped area to go near the wall whether
to fall over or to drop something so uh we're agreeing to install that mr patterson is that
something that you could just agree to with the um rco since it's not specific enough to allow us
to to make it enforceable by by lni correct me if i'm wrong isn't it's in the plan though the plan
identifies that now correct the concern about the the ledge not being uh people not being able to
put a drink on it the way it's designed now with the shrubby and all correct me from wrong
would prevent that from happening anyway is that correct
but i don't believe there were any revised plans submitted whether i asked if there was a revision
but it seems like it's addressed i don't know if it was revised or not that's why i asked that
question oh morris if you're still there there was a curb here correct and we're just going to
agree to raise it. I mean, it's not something that will be shown on the plan, zoning plan, but.
Excuse me, council. Excuse me, council. Yes. Do you have a section of the wall? Yes.
Sorry.
So here is where my pointer is and the landscaping and this dark black line here is the curve
which we would raise to that appropriate height. Right behind the black line, sorry, right here.
Is that correct, Morris?
Can you note that in the revision sheet?
Sure. We can do a revised plan if that's okay.
We can do a revised plan if that's okay.
Yeah, why don't we do that?
Yeah, why don't we do that and I think it'll put that issue, the rest.
Okay. I'll submit a revised plan with that clearly denoted that the curve will be raised to appropriate.
Thank you. Thanks, Tom. Thank you. Anyone else?
Ron, can you hear me?
Okay, so you're correct. So that is the curve line.
And in the permit drawings that are ready to be submitted, the curve has been raised.
It is eight inches higher than the pavers with the raised planter being lower, soil
being level being lower than that, and then large shrubs to prevent people from being
able to easily reach through and place any drinks on the surface of the paint.
So Morris, for the purposes of this hearing, we're going to submit the sheet with that
denoted on there so the board can stamp it so it'll be part of the zoning permit
approval okay all right thank you all right planning commission
good afternoon board peter bernard for the planning commission
peter were you in i guess you've been sworn in correct i was sworn in on the first case chair
thank you this property is indicated for commercial mixed use in the comprehensive plan
we recommend that the special exemption be granted. Thank you. MI 2021 -000789 -1620
Chancellor Street. My vote is yes. Excuse me, Chair. We can't vote it until we have the revised
plans and form. Could we close the record aside from the plans and form and vote it next week at
the beginning of the two o 'clock session. Okay. All right. So MI 2021 -0007891620
Chancellor Street. The record, no, we won't be closing the record, correct? We'll be closing
the record aside from the receipt of the revised plans and proviso form. So noted. Thank you.
Carol, we can go to number four.
Okay, calendar number 0948, 1601 North Front Street.
The attorney is Dan Reisman.
Reisman?
Mr. Reisman has promoted the panelists.
Thank you.
Sir, can you hear me? Yes, I can. Yes, I can. Can you put your name and address on the record,
please, and spell your last name, and then I'll swear you in? Sure. Daniel Reisman,
address is Eckert Siemens, 2 Liberty Place, 22nd floor, Philadelphia, Pennsylvania, 19102.
thank you your last name please uh daniel reisman r -e -i -s m as in mary a n as in nancy
thank you do you swear if i'm to tell the whole truth and nothing but the truth
yes i do do you agree to waive the reading of the refusal and stipulate to its accuracy
yes have you emailed the exhibit packet with proof of ownership proof of tax compliance
a copy of the refusal or referral photos and her plans of the property five days in advance of this
hearing and have you met with the rco and do you have a letter yes to all questions thank you you
may proceed and i see that you already have with sharing your screen good uh thank you madam chair
members okay excuse me um can you center what you're sharing please is that better yes it is
thank you okay okay as i said my name is dan reisman and i represent the applicant i'm here
also with um the the applicant is 16 front lp i'm here with the principal reed slogoff who is um and
the entity the the applicant is affiliate of pearl properties mr slogoff is a principal of pearl
properties. I'm also here with Michael Solomanov and Steve Cook of Cook and Solo. They are the
proposed operator for the property for uses of food prep and distribution, a restaurant and a
banquet hall. I've submitted to the board, which I'm showing on the screen, exhibits one through
12. They include photos of the property, plans and mats. Exhibit one also includes letters of
and support from the Fishtown Neighbors Association
and the Fishtown Kensington Area
Fishtown Kensington area business improvement district I've also included in the packet the
Business Improvement District.
I've also included...
referral so significantly we're here for a special exception from the board and not a variance
and the referral is also included in the package the exhibits I'm going to walk you first through
the map that shows the property in relationship to other properties
okay this is the property 1601 front street it's um front street is on the west side of the
property and on the north side is columbia avenue which is basically a continuation of cecil b more
on the east side is Blair Street and then on the south side is East Oxford Street and
the portion on East Oxford Street I will show you the an overhead view
you can see here this is the again the property and there's just a small cutout portion
where I'm showing right now at the corner of Front Street and East Oxford Street that that
that fronts East Oxford Street.
Here's another overhead view.
And here you'll see what I was just talking about.
And there are five parking spaces
that are part of the property.
Here's the zoning map.
And you'll see that the property is located in IRMX.
And what you'll also see from the zoning map
is there's a mix of uses in the neighborhood.
So there's RS5, RSA5, there is CMX2, CMX2 .5, and CMX3.
So it's a very mixed -use neighborhood, and we think this property, which has long had an industrial use,
and the proposed use for the property fits in very nicely with the mixed uses in the neighborhood.
I'm going to show you some photos of the property now, closer up.
Okay, so what you'll see in this first picture is the property immediately adjacent to the elevated rail.
So the property is right here on the other side, and here is the L.
this is looking from Oxford Street this is the property so what as we go through the photos
you'll see that the property has uh long had an industrial use um and then in I've also included
in the materials in 2015 a permit was granted for use of the property for food distribution
and preparation by HoneyGrow.
So basically HoneyGrow has been using the property since that time as both its food
prep and distribution to its different restaurants, and then also it's been using it for its
corporate offices.
This is looking up north on Front Street.
here's another photo again with the L and the property looking north on Front Street
this is Front Street and Columbia Avenue
now Honey Grow has been vacating the property over a period of time so effectively
this property is going to be vacant in short order and my client is the purchaser under an
agreement of sale with the current owner of the property and Cook & Solo will be the tenant
under the with the new buyer once it closes on the property. This is now looking here's front
this is Columbia Avenue. Columbia Avenue again you'll see here's another commercial use right
across the street from the property now this is looking the other way from columbia avenue towards
front and what i want to point out in this photo is this is a um a bay garage rolling door
we'll talk a little more about the the um what my client has done to minimize any
impacts on the neighborhood, which as you know, is a standard for a special exception. And this
is one of them, which is all trash. The trash is going to be stored internally in the property,
The trash is going to be stored internally in the property, and all trash is going to be removed through this door internally.
and all trash is going to be removed.
The truck will pull in and then pull out.
Likewise, deliveries will also use this door to bring in deliveries for the venue.
Now, this is looking on the backside down Blair Street, and that's Oxford Street in the background.
And then this is coming back down Oxford Street to complete the circle and the property will
be on your right coming back.
And these are just surrounding, there are other photos in here of the surrounding neighborhood.
And then there's some interior photos that I've included too, and this show's currently being used by Honeygrove, but you can see it's largely vacant because, again, they're moving out, which is a concern because it's an important property siding on four different blocks, and it's going to be basically this large hole in this important property in this neighborhood.
As I mentioned, the operator of the property is going to be Cook & Solo, and we've included materials on their background.
For those of you who are not familiar with that, they're the owner of the Zahav restaurant.
They've won six Beard Awards.
They were actually just issued a new award yesterday from Conde Nast for their Laser Wolf restaurant, which is in Kensington.
Here's a list of their different restaurants, which you're all probably very familiar with.
The Condé Nast Award was one of the best new restaurants for 2020.
It opened in 2020.
And I said, is that in Philadelphia?
And I looked up and the award was actually one of the best new restaurants in the world, believe it or not.
So that just shows you what a terrific operator Cook & Solo is.
And on the ownership side, it's Pearl Properties, who is one of the very prominent and respected developers in Philadelphia.
And we've included their they've been investing in the city for years and we've included a number of their projects as well.
Mr. Richman, I appreciate your testimony and you can summarize.
I think we got a pretty good understanding. And I did read about the award that they received in the world.
Yes, that's right. In the world. Yeah, that's really it. We've included the only we have a floor plan in there and my clients available on the architect, John Weckerley, to answer any questions about that.
The only other item I'll point out is that in Exhibit A7, we've included in detail the operations of the property, the benefits to the neighborhood, but also all the operations and how they've been geared towards minimizing any negative impacts on the neighborhood.
But a plan shows various parking lots that will be available for the patrons of the of the restaurant.
And of course, aside from the significant investment, we think that that may easily satisfy the standards for a special exception, which is that the proposed use will not have a greater impact than a typical use of this type.
And as I mentioned, and for that reason, we have letters of support from the RCO and the Business Improvement District as well.
And that's my presentation.
So my client's available for questions, and I would also just like to ask them, if I may, to adopt my testimony.
Thank you. Please proceed.
Stephen Cook, if I could call you as a witness, please.
Yeah, Mr. Cook, please identify yourself with the record, spell your full name, and we'll swear you in.
Steve Cook, S -T -E -V -E, last name Cook, C -O -O -K, 1614 South 4th Street, Philadelphia, 19148.
You swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you. Mr. Reisman?
Yeah, Mr. Cook, just a few questions. You have heard my testimony, is that correct?
And you've reviewed the exhibits, is that correct?
and is my testimony and are the exhibits true and correct to the best of your knowledge
yes and do you adopt them as your own i do okay thank you and mr chair if i may um as i said mr
cook is the operator of the property i would like to ask reed slogoff to adopt my testimony as well
given that he's the owner or he will be the owner of the property please proceed
please proceed uh mr slogoff if you could please raise your hand call your full name and i'll swear
mr slogoff if you could please raise your hand
Thank you.
you in if you're out there sir please raise your hand so you can be sworn in here we go
it's been a lot to speak sir sure reed slogov r -e -e -d slogov s -l -o -g -o -f -f
do you swear a firm to tell the truth the whole truth nothing but the truth
i do thank you mr reisman just slug off you're a principal of the buyer and to be owner of the
property is that correct yes and you have heard my testimony and reviewed the exhibits that i've
submitted is that correct that's correct and are they true and correct to the best of your knowledge
yes they are and you adopt the testimony um and statements thereof uh as your own i do thank you
thank you thank you no more questions mr chair thank you thank you thank you again and congratulations
on the award um any questions from the board no no no anyone else would like to testify in this
case? If so, please raise your hand. Mr. Chair, Mr. Sloan, folks, as his hand raised, I will
allow him to speak at this time. Mr. Folks, please wait to be sworn in, sir.
Good afternoon, Chair Machico and members of the ZBA board. My name is Sloan Folks. I am from the
office of Councilman Maria Keyones -Sanchez, room 508 City Hall. Mr. Folks, I'm looking for you
here this morning. Have you been sworn in yet? No, sir. I have not. Okay. Do you swear or affirm
to tell the truth, the whole truth, nothing but the truth? I do, sir. Thank you. The applicant
having met with the coordinating RCO and receiving a letter of support, the councilman offers her
support for this special exemption. Thank you very much. Thank you. Anyone else to testify?
no further hands at this thank you planning commission
good afternoon board peter bernard for the planning commission
this property is indicated for industrial commercial mixed use in the comprehensive plan
there is no unusual impact as part of the proposal accordingly we recommend that this requested
special exemption be granted. Thank you. MI 2021 -009. Start over again. MI 2021 -000948 -1601
North Front Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes. My vote is yes.
Congratulations and good luck. Thank you very much. Thank you.
Calendar number 0950 -210 North 3rd Street. The Attorney is Rachel Pritzker.
Good afternoon.
Good afternoon.
Can you put your name and address on the record and spell your last name, please?
Rachel, R -A -C -H -A -E -L, Pritzker, P -R -I -T -Z -K -E -R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.
Thank you.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and or plans of the property five days in advance of this hearing? And have you met with the RCO? And do you have a letter?
Okay, you may proceed.
Thank you. I'm going to share my screen.
so this is two two one zero north third street um i'm going to bring the zoning map the only
refusal we have here is for a multi -family uh for three units this is an rsa5 property however
it's on a block that has only one other house every other lot except one is owned by the city
and is vacant. So we are proposing three units on this site. We also have the list in front of the
board of all the other vacant lots on the block, as the board can see, and I'll bring up Atlas in a
minute. This is our property where the blue is. This is all vacant. This is all vacant. This is
all vacant. So there's only actually one structure near our property on this lot, and then there's an
near our property on this lot and then there's an industrial building so it's a significantly
industrial building. So it's a significant
vacant plot and again most of the adjacent properties are actually owned by the city
um and i'm not sure if there are plans to redevelop them but as for the moment
our project is the only one that proposes uh development on this site um i will show the
zoning maps um
As the board can see, RSA 5, however, again, it's directly adjacent to some RM1 here and industrial and provides for a significant amount of vacancy on this block.
We have plans for the project. Here's the zoning posters, as you can see, the notorious city fences around their lots and then ours as well.
um and again just the amount of vacancy in this block in particular um do you see scott murray
just want to promote him to review the plans while i kind of go through our hardship here
essentially we looked at providing ground of new construction single family given um you know the
large size of the lot not irregularly large but considerably large um in addition to the fact
There's a significant amount of vacancy on this block, in addition to considerations about more affordable housing and also price points that meet the general demographic and socioeconomics of this neighborhood.
A single family would have been priced significantly higher than the medians here.
Additionally, there is some precedent on nearby blocks for RM1, and there's other blocks that provide for RM1 by right, specifically, you know, beginning on the west of North 6th Street,
which permits multifamily virate which undercuts the viability of single family on large blocks
like this covered in vacancy. Additionally as I had mentioned we reviewed the comprehensive plan
as per usual and the plan really points to that this is really in a vacant hot spot on pages 23
and 45 of the 2035 comprehensive plan. We believe that new construction would align with the plan's
goal to reduce vacancy in the district and again all the immediate neighbors are vacant so there's
not much there's not any precedent on the block for ground of new construction in RSA 5 that has
been viable in the last let's say a decade to be kind we met with the RCO which is was the Norris
Square Civic Association and they were supportive of the project non -opposition accepted with
conditions. Some of the conditions that they were worried about was like potential density
and potential parking issues. They acknowledged that there was no issues with density and parking
right now because the block is vacant and they acknowledged that there's only one house there
and that the industrial site is sort of directly across the street, a very large industrial site,
as you can see here on Atlas, takes up most of the other block. And as you can see, their parking
lot is empty and there's not a whole lot of parking on the street that's being taken up.
They did want us to work with the land bank to try to acquire the vacant lots to provide
parking or green space.
And we had said to them that we were happy to work with them and the council office and
the land bank to see if that was something that was available to us, but again, weren't
really able to commit to for sure acquiring city -owned lots, as the board is well aware
that that's a pretty detailed process that involves a little bit more time and planning,
but we were open to that with their support. They also wanted us to find a lender who would
approve a deed restriction for affordability. We had told them that we were actually pricing
the units below the median of what's even available in that area, which was a real
conscious choice because the developer in this case actually lives in the neighborhood
and owns a home in the neighborhood, but that we weren't able to
commit to a deed restriction on affordability. At this point, typically you need a little bit
more density in order to feel, I guess, comfortable putting a longstanding restriction.
And honestly, for the financing considerations of the project and the consideration for
affordability that we were already providing, we had said we would work with them, but we didn't
want to preemptively put a deed restriction before we even got through the process enough to
understand if that would hinder the you know the way that a bank would look at this project for it
to even be built in the first place. Parking again wasn't a concern the immediate and neither was
green space as all those lots are owned by the city so they probably will remain green for the
foreseeable future but that we would work with the community in the event that there was some
alignment with the land bank the council office and the community as to what to do with those
lots and that we could be supportive of it. I went back and forth with them. We also went
We also went and doorknocked because there were only four people that showed up at the meeting, most of which were the zoning committee of the actual RCO.
in doorknocked because there were only four people that showed up at the meeting, most of which were
with the zone.
So the client went because he lives in the neighborhood, and I believe there's 12 letters of support from your neighbors.
We also did provide this to the RCO, and they were happy to see that there was some additional support for the project.
We also made sure to get their way in as far as the exterior.
They were pretty pleased with the, we kind of have a more traditional exterior and we're
open to doing red brick or gray brick.
The choice was red, but I'll have Scott bring up those, but just wanted the board to see
the additional letters to support that we provided the RCO.
The last thing before I let Scott do his thing is I wanted to bring up sort of the back and
forth that we had just to memorialize and send to the RCO in writing that we were willing
to work with them and make local hiring a priority.
um making as long as you know they were qualified and some of these other things that are really
outside of the scope of this project or even uh the boards um you know what the board gets involved
in as far as the land bank and adjacent properties but we wanted to show a good faith effort that we
were willing to do that and if they had recommendations for a lender they had said
they did that we'd be willing to meet with them we just didn't want to preemptively put a deed
restriction um this you know this soon in the process so um you know we kind of went back and
forth with them. I spoke with Stephanie from the RCO today. She had sent everything to the board,
but had not gotten back to us or heard back. So again, we are trying to make a good faith effort
for some of these conditions, but a lot of them are kind of well outside the realm of this
conversation, but just wanted to make note of that. I'm going to stop my screen and let Scott
go through the plans briefly, and then happy to take any questions that the board may have.
you see a scott murphy yes i do miss pritzker he's been promoted to panelists wonderful thanks
so much good afternoon sir please identify yourself with the record spell your full name
and i'll square you in
hey how's it going guys can you guys hear me yep yes okay full name scott murphy s -c -o -t -t -m -u -r -p -h -y
we're in the firm to tell the truth the whole truth and nothing but the truth
i do thank you thank you miss pritchker mr murphy can you spell your last name
m -u -r -p -h -y thank you scott will you just share your screen and just briefly go through the plans
for the board absolutely yeah can you guys see the screen yeah yeah awesome okay so uh what
you're looking at right now is the basement plan as rachel mentioned there are three dwelling units
being proposed on the property. So as you can see here, two bedrooms, two baths in the basement.
We have a ventilated trash closet in line with the laundry there and then a full walkout rear yard.
So glass sliding doors to a sunken rear yard, which is all level with the basement. And then
there would be a trash enclosure beneath staircase taking you up to the alleyway to get you out there.
um as we move on part of the same unit here so you would enter in a common vestibule get into
this unit and have a third room here for that unit on the first floor as well as another bathroom so
big open kitchen and living bedroom and then a actually a little balcony there in the back
overlooking that fucking basement courtyard so this is the first unit first floor basement
three bedroom three bath moving up to the second floor you would come up the staircase again a
small common vestibule here you would make a right into this smaller unit here with two bedrooms
and one bathroom and again a balcony in the rear overlooking the sunken courtyard and then on the
third floor moving all the way up your entrance is down on the previous level you would get up
into an open kitchen living. And this would be a one bedroom and a one bath, one and a half
with a covered balcony in the front. And again, the ventilated trash closets.
So as Rachel mentioned as well, we do have a couple, sorry about that. We do have a couple
different designs for the fronts. I'll show you an updated rendering in a minute. But basically
this gets you a sense of the front facade, the rear facade, and then a 3D view of what we're
talking about here with the face, the sunken basement courtyard here, and then some balconies
above as far as our space, and a 3D view of that front bay there. And then this is the updated
And then this is the updated rendering based on the feedback that we had from the community where, as Rachel mentioned, we'll have more traditional red brick and a white bay.
rendering based on the feedback that we had from the...
Thanks, Scott. Can you just go through quickly what the square footage of each of the units is?
Sure. So you'll see the square footages on the floor plan. The first unit, unit A, is going to be 607 square feet. The second unit is 557 square feet. And the third unit is 621 square feet.
Thank you.
Rachel, anything else?
no if the board doesn't have uh any questions um i'm gonna ask that now i didn't know if you
were finished no i'm finished chairman okay thank you thank you mr murphy questions from the board
no no anyone else would like to testify in this case if so please raise your hand
there i have sloan folks with his hand raised i won't allow him to talk at this time
After good noon again, Mr. Folks, you're still under oath. Please identify yourself.
Good afternoon again, Chairman Chico and members of the ZBA board. Again, my name is Sloan Folks, S -L -O -A -N -E, Office of Councilman Maria Quinonez -Sanchez, room 508C.
The applicant has met with the coordinating RCO and other local RCOs and has received a letter of support.
The letter of support does have a number of requests in it that are unenforceable, that we know that are unenforceable at the ZBA level.
But we do know that the applicant has made and will continue to make every effort to work with the community.
and our office is committed to working with the applicant and the community
specifically in regard to the land bank issues and any other issues that are out there.
Given those things, our office has no opposition to this area's work.
Thank you.
Thank you.
Planning Commission.
Good afternoon, Board.
Peter Bernard for the Planning Commission.
this property is indicated for single family residential in the comprehensive plan
the area underwent a community remapping in 2017 and is undergoing a revised remapping
both remappings identify the property as appropriate for single family the application
represents an overuse of the property and there is no hardship for regularly shaped
vacant land accordingly we recommend against granting the variance
okay um chairman can i have my client adopt my testimony yes yes please thank you um do you see
a michael murphy
kind of about to speak thank you very much
please identify yourself for the record display your full name and i'll swear you in good afternoon
board. This is Michael Murphy. Last name spelled M -U -R -P -H -Y. We're affirmed to tell the truth,
the whole truth, nothing but the truth. I affirm. Michael, can you just put your address on the
record, please? Sure. My address is 2040 North 3rd Street, Philadelphia, PA 19122. Thank you.
And Michael, have you heard my testimony that I gave in front of the board today?
Do you accept it to be true and accurate and do you adopt it as your own?
Thank you.
Chairman, we conclude our case.
Thank you.
Am I...
Sorry.
Somebody else?
Oh, sorry.
It was just the applicant, Michael Murphy.
I was wondering if I could make a brief statement.
Please.
I actually don't have a lot to add about the project, but I just wanted to thank the members of the board for the opportunity.
I'm excited about the project, and I'll respectfully note that the overwhelming majority of the community supports the project as well.
I've been a resident since 2018, and I think there's something very vibrant about the community, and there's a lot of potential.
I live about a block from the job site, and back in April, I spent a few days walking and door knocking,
explaining who I was, what the scope of the project was, and addressing a lot of community concerns.
Overall, I found most of the members of the community, particularly along the Susquehanna Corridor,
To be very supportive of development, especially when driven locally, people just kind of want it in a thoughtful and tasteful way that adds value to the neighborhood and a way that reinvests in the neighborhood, all while being sensitive to their concerns.
I think it's something I'm uniquely positioned to do, and I'm excited at the opportunity.
Thank you.
Thank you.
MI 2021 -000950 -2210 North 3rd Street.
two two one zero north third street my vote is yes my vote is yes my vote is yes my vote is yes
My vote is yes.
My vote is yes.
my vote is yes thank you mr chairman we're going to go out of order
calendar number is that correct i don't know i wasn't here for that so go ahead proceed
okay um calendar number 0376 3871 jasper street the owners are melvin barberina moreno
and maricel barberino i'm sorry i was here you're right i'm that's the 330 list okay
no one was here for this but right we're calling
there are no exhibits anyone here for 38 71 jasper street yes that's us right here
okay um we have no exhibits is that correct no exhibits and it's the first listing
would you please identify yourself ma 'am spell your first and last name
my name is emily barberina it's e -m -e -l -y barberina b -a -r -b -e -r -e -n -a do you swear or
affirm to tell the truth the whole truth nothing but the truth yes do you understand that we do
not have any exhibits? Chair, may I ask a question? Please do. I'm sorry. Jason, could
you promote our interpreter? Interpreter, if you could raise your hand, please. And
come forward. So as necessary, you can interpret. And I'll give you a minute, because I have
a question for emily yes to determine who or you are in relationship to the project oh i was here
because um my dad is the owner and i was going to interpret for him but i'm yes so we have an
interpreter are you there interpreter i am here i'm present if i would ask could you please
ask the question, did the exhibits requested and the instructions sent get emailed to the attorney, Sharon Saleta, as well as the RCOZBA email box?
Excuse me. Do we want to confirm first that the owner, whose name is Melvin Barbarina Moreno, is present?
Yes, me.
here okay and who is who is Maricel Barbarina my wife my it's my wife but she's not here because
her mother her mother is sick and she's scared right now okay okay
so whoever's going to speak do you swear to tell the whole truth and nothing about the truth
yes thank you
well who's speaking emily or uh mr um we're waiting for the interpreter are you here i am
i am here yes okay also ma 'am miss interpreter can you please identify yourself for the record
please yes my name is devora silvera d -e -b -o -r -a -h s -i -l -v -e -r -a you swear for me to tell
truth the whole truth nothing but the truth i do okay and on the applicant side is emily or
melvin speaking melvin okay melvin so please spell your full name for the record
my name is melvin barbarena moreno okay i'm sorry this is the interpreter can i interrupt and let
him know that he can speak in Spanish so it's easier for him. Señor, si quiere hablar en
My name to spell it is M -E -L -V -E -V -I -N, excuse me, and my last name is B -A -R -E -N -A.
B -E -R -E -N -A.
We swear to affirm to tell the truth, the whole truth, nothing but the truth.
Jura decir la verdad y jura y afirma decir la verdad, toda la verdad y nada más que la verdad?
No jura.
I swear.
Thank you.
Tanya, we have a question for you, ma 'am.
You can ask the applicant.
Tanya?
Yes, Mr. Moreno was a zip an exhibit package email to the email addresses stated on your instruction sheet.
Mr. Moreno was a zip and...
Señor Valverena, ¿un paquete de pruebas fue mandado por correo electrónico a la dirección de correo electrónico que estaba incluida en su página de pruebas?
okay our council does not have the exhibit would it be a way for you to
state the email addresses that you sent it to nuestro abogado no tiene las pruebas nos podría
decir por favor tal vez las direcciones de correo electrónico a las que usted mandó las pruebas
You know, the person that I sent the proofs to the exhibits to was my applicant, the person
that was helping me with the plans and all that he was supposed to send them but I do have my
email open here with me and I could share my screen and show them to you if that would were
possible it's the call of the chair uh chair if you want to verify that the exhibits was sent
timely and that's your call yeah Sharon we're okay uh to approve that if we so true I I did
not receive them if he could email the packet to me right now i can go through it to confirm that
everything required is is included
yes i could do it if you can give me an email sure it's s -u -l -e -t -a -z -b -a at gmail .com
but if he's asking for the email that means you never send it it should be honest yes it does
If I could interject a thought, Ms. Saleta, I believe we had a discussion early part of the week or last week where there was an error in your email address.
um it doesn't sound as though from his reply that he emailed it to me at all and it's of course the
board's call on whether to go forward but i would like him to email it to me now in any case so that
i can review it to be sure that all the required documents in the interest of time i don't what
what is somebody's going to speak just then who uh it was the interpreter i was just trying to let
him know what's going on um in case you do not understand um el señor nada más que querían
estaban discutiendo si lo había mandado no lo había mandado lo mandaron ahorita mismo
parece que no hay pruebas de que ya lo habían mandado
can you please repeat the address the email address so i could email right away
first it's s like in sam u l e t a z b a at gmail .com okay señores zuleta s
de Sandra
U L de Larry
T de Tomás
ZB Grande
arroba gmail .com
i have sent it already did you receive it um it just came in yes
i apologize for the delay um it appears that the applicant sent that uh differently so that's uh i
i really do apologize for the delay okay there are there are many exhibits individual exhibits
it's attached. Can you tell me if it includes the deed?
Hay muchas pruebas que están incluidas. ¿Me puede decir si incluye el título?
¿De la propiedad?
The property title, the deed.
The property title, the deed?
The property deed?
Yes, that's correct.
No, I did not send it, but if you want to, I can send it as well.
So if I could step in now, Ms. I think we don't have the required documents.
I think we can continue.
Is that where you're going, Tanya?
Yes, Chair, I was.
Yeah, I'm sorry to mean to interrupt you.
Yeah, with all due respect to the interpreter, to Mr. Barbarina, there's just too many documents that we haven't received in a timely manner.
We're going to need to continue this case.
We apologize, but we can't go forward without the proper documentation.
May I interpret that?
I'm sorry.
Let me apologize, sir.
Mr. Chairman,
con todo respeto, señor,
después de toda la inscusión,
parece ser que hay muchos documentos
que no se recibieron a tiempo
y por esa razón vamos a tener que aplazar
porque muchos documentos
no fueron recibidos a tiempo.
I'm sorry.
Mr. Chairman, you can continue.
I apologize.
No need to apologize.
So we'll work with the applicant
maybe through yourself
as the interpreter can work with Ms. Tanya Sunkit
on a continuing state.
And I'm not sure I haven't seen the exhibits either,
but make sure that he has a letter from the RCO.
Yes, we have the letter from the RCO.
okay all right and i said also in the in the proof i said to to the lady the the letter is there
okay oh thank you chair may i speak for a moment yes please um mr barberino um and emily please
look to your email where you will get a new email with a new date with instructions of where all
exhibits listed should be emailed please follow that if you should need to please reach out to me
at the zoning board, okay?
Thank you.
Okay, nada más.
I wanted to tell you, Mr. Dualvarero and Emily,
if you will receive a new email with a new date
and with all the instructions
that list all the tests that you have to deliver,
please, if you have any questions,
don't hesitate to contact me at the Zonami.
Okay, thank you very much, everyone.
Thank you.
All right, so MI 2021 -000 -376 -3871 Jasper Street is continued.
Okay, and Tanya and or Sharon, do we go to number three from the 930 hearings this morning?
Okay, calendar number 2198, 1904 South 7th Street. The applicants are Maria Linerzi Estevez Rosario, the applicant singular.
If you are in the audience, please raise your digital hand so you can be sworn in.
This case requires an interpreter also, correct?
Ms. Estevez has been promoted to panelist.
Good, Mr. Chairman.
is the
interpreter still with us
or is it a different
interpreter
no she should still be here
how old did she leave
I don't see her
up on the screen
I see Miss
but I don't see
the interpreter
if the interpreter is present please raise your digital hand
oh boy she left i can well why don't we go to the next case maybe you can reach her again
and we'll come back all right as soon as you're ready to let us know all right carol let's go to
number number six yep calendar number zero eight three one twenty two twenty two market street
the attorney is robert carolus
The attorney is Robert Kerales.
Mr. Kerales has been promoted to panelists.
Mr. Kerales, can you put your name and address on the record and spell your last name?
After you unmute yourself.
i'm sorry thank you robert c -a -r -e -l -e -s -s cousin o 'connor 1650 market street philadelphia
can you spell your last name c careless c -a -r -e -l -e -s -s i don't know if i just asked you
to do that twice i'm sorry it's criminal that you did that to me do you swear or affirm to tell
the whole truth and nothing but the truth i do do you agree to waive the reading of the refusal
and stipulate to its accuracy i do agree to waive the reading i can't stipulate to the accuracy the
notice that was issued by ellen i overlooked our acknowledgement one of the four dimensional
variances that we're asking for we've requested all four of those dimensional variances in our
application of this board okay have you emailed the exhibit packet with the required documents
consisting of proof of ownership tax compliance refusal or referral photos under plans of the
property five days in advance of this hearing and have you met with the rco and do you have a letter
yes yes to all questions thank you i proceed uh thank you
um members of the board we were before you um just in the recent past for the new professional
office building for morgan lewis which is under construction at 2222 market street
At that time, our application was for a special exception to permit the accessory use of two outdoor areas as roof decks on the 13th and 19th floors of the new office building.
Those areas are highlighted in the drawing that I'm displaying here.
We're now back before you on the present application requesting an adjustment to the railings and to request the additional use of occupiable space on one of the decks, the 19th floor.
just as a point of orientation quickly market street is here where i'm indicating we have a
large surface parking lot to our north culinary arts building is to our west across 23rd street
the 238 condominium building is to our south across ludlow street which is in the gray shade here
our application is mixed as i noted what we are requesting is is to maintain in lieu of a five
foot setback we're requesting to maintain a three foot setback on the 13th floor terrace which is the
drawing I'm displaying here along Market Street a three foot setback along 23rd Street for our
railing and a three foot three inch setback for the railing along Ludlow Street on the 19th floor
we are requesting an adjustment to the railing facing Market Street and requesting a set to
maintain a setback of three foot nine inches and then just to note we are adjusting the placement
of the railings along 23rd street and uh and along our eastern facing rail here as a matter of right
as a result of those railing adjustments the occupiable space on the 13th floor deck would
increase by 281 square feet and the occupiable area on the 19th floor would increase by 184 square
feet we were also as i mentioned requesting the additional use of this area on the 19th floor deck
which is in the hatch here along the 23rd street frontage.
A companion application for the special exception to permit this use was included,
which is comprised of the referral component of the notice that we got from L &I.
Just pictures here to orient again.
That's the area here.
The top picture is a perspective from 23rd market looking east.
um you can see a large parking lot to our north along market and the 23 a condominium building
here again to our south um the condominium the 23a condo building is 118 feet in height
our proposed deck just to give you some perspective on the 13th floor is an elevation of
180 198 feet or 80 feet above that building um within our packet uh we have a cba with 23a which
contemplates the use of these decks again provided that the use of the decks is accessory to all the
office building use and not for any purpose which constitutes a nuisance that covenant is also in
our lease with morgan lewis we met with the center city residents association on march 23rd to
discuss our application following that meeting as you can see here ccra voted to not oppose the
application and then just as a brief matter i just reiterate the railing adjustments that were
asking for are dimensional variances. They're not use variances. They're de minimis in nature
uh they're de minimis in nature um in that we're only asking for a reasonable adjustment or minor
and that we're only asking for a reasonable adjustment or a minor db.
deviation from what your zoning regulations and state zoning regulations apply uh state and um
i would assert that granting the variances here would not alter the character of the existing area
that includes my testimony i would ask i have two witnesses mr chairman i would like to come off
mute just to adopt and affirm my testimony um while i mamugandji could you raise your hand
so you can come off mute.
He's been allowed to speak, sir.
Good afternoon, board.
My name is Wale.
Good afternoon.
Please identify yourself,
spell your first and last name.
Certainly.
My first name is Wale,
W as in Walter,
A as in Adam,
L as in Larry,
E as in Edward.
Last name, Mabogunje,
M as in Mary,
A as in Albert,
B as in boy,
O as in orange, G as in gun, U as in umbrella, N as in Nancy, J as in juice, E as in egg.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you, Mr. Chair.
Thank you, Mr. Chairman.
Wale, did you hear my presentation of the board?
Yes, I did.
And would you adopt and affirm that testimony as your own?
Yes, I would.
Thank you, Wale.
One more witness, Mr. Chairman.
Can I ask Alexander Kluwer to please raise his hand so he can come off mute?
been allowed to speak hi this is alex clore
you need to be swinging
mr chairman or madam vice chair would you like to swear mr clore
you swear if i'm to tell the whole truth and nothing but the truth
i do please spell your full name sure it's alex a l e x last name is chlor k l o h r
and alex you're an architectural designer at gensler is that correct yes and you're familiar
with the grant of variances and special exceptions that set forth in the philadelphia code is that
correct yes in your professional opinion we meet the grant of the criteria for the grant of the
variances and special exception yes and you heard my presentation to the board i did and would you
adopt and fund that testimony as your own i do thank you no more uh questions um thank you
may i ask one question chair um mr careless you said that one refusal was missing from the notice
that you received from lni what was that refusal yes uh thank you mr let i had i intended to note
that um on the 13th floor deck um we had requested to maintain a three foot setback along 23rd street
uh that was the refusal that was missing that was included in our application lni and also
in our board here so that three foot setback along 23rd street is the was the one missing refusal
okay so any if the board should approve it it would add a proviso stating um approval includes
setback for
includes approval of setback
for 13th floor deck
along 23rd street
thank you
any questions from the board
yes Mr. Chairman
can council
go back to the drawing
showing the handrail section
yes I can
and which deck are you are you looking for sir the one you have is okay can you blow it up so
I can see the height of the handrail over to your chart that that doesn't have a dimension
over to your chart yes it's oh the height of the height of the rail is is uh 42 inches
okay thank you you're welcome any other questions from the board no
anyone else would like to testify in this case please raise your hand
no further hand at this time mr chair thank you planning commission
good afternoon board peter bernard for the planning commission
this property is indicated for commercial mixed use in the comprehensive plan
we recommend this that the special exemptions and variances be granted
Thank you. Sharon, what was that terminology on the setback 13th floor?
Approval includes, I'm sorry, includes approval for 13th floor.
includes approval for 13th floor setback of deck along 23rd street we'll make that we'll
so note what you're saying will be the proviso uh so mi 2021 -000831 2222 market street my vote
is yes with the proviso that has been read into the record by ms soletta my vote is yes with proviso
Yes, for Proviso.
Yes, for Proviso.
Calendar number 0952 -2324 Waverly Street.
Mr. Charles Loomis has been promoted to panelist.
Sir, can you put your name and address on the record and spell your last name?
Yes, this is Charles Loomis. Full name, C -H -A -R -L -E -S. Last name, L -O -O -M -I -S.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing, and have you met with the OCO, and do you have a letter?
We have, and we do have a letter.
Sir, are you an attorney?
I am not.
I was just about to say I'm an architect.
The owners are here.
Bob DuPlessis and Rachel DuPlessis are on, and they should be speaking.
Mrs. DuPlessis, please identify yourself with the record, spell your full name.
My name is Robert DuPlessis.
The last name is spelled D as in David, U -P as in Paul, L -E -S as in Sam, S as in Sam, I -S.
You swear or affirm to tell the truth, the whole truth and nothing but the truth?
Thank you.
Please proceed.
The project is simply for a regularization, I guess that's the right term, of an existing deck that has been on our house since at least 1994.
All right.
Mr. DuPlessis, do you have any exhibits or Mr. Loomis that you can share with us?
May I turn this back to our architect, Mr. Loomis?
You have to testify, but he can show us the, and we can ask him questions.
Thank you.
So I think I have the screen shared up, Bob.
And on the first is the refusal.
Right.
The refusal had two reasons.
One is that the existing porch railing is 45 inches high rather than 42 inches high.
And the second reason was that there is no setback of five feet from 24th Street, which is where the deck is.
Our house is a corner house at the corner of Waverly and 24th Street.
The deck, as I say, oops, I don't know what happened there. Something happened. Maybe Charles can do that again. Charles, can you?
What's wrong is this? The screen share there. Thank you.
The deck was on the house when we bought it in 2003. Photographs that are in the exhibit show
that it has been on the house since at least 1994. It is in severe need of repair. The surfaces
are warped and it's not usable. There is no possibility to actually move the edge of the
deck five feet back because the door as you see here from the hallway is right at the edge and
to move the door would mean essentially destroying our bathroom. This deck is on the third floor
Uh, we have no backyard. This is our only outside space. So we would like, uh, to be, uh, granted, uh, whatever it is, I guess, a waiver or a regularization or whatever the term is, um, uh, with the understanding that, uh, the railing when we, uh, renovate, when we repair it would be 42 inches high.
we have no backyard
this is our only outside
we had a meeting with the center city residents association they voted to not oppose with no
provisos and we talked with a number of our neighbors and at the CCRA meeting one of the
neighbors appeared a neighbor whom we did not know and made an unsolicited supportive statement
and also submitted a letter of support to CCRA.
Thank you.
Thank you.
Do we have any questions from the board?
Anyone else would like to testify?
Please raise your hand.
i would just i can't raise my hand because i'm screen sharing at the moment i'm the architect
uh yeah you could just hold off for a second um
do you have anything else to add sir and if you do you have to provide us with your full name
yeah this is charles loomis hello charles you were already sworn in i'm sorry
already sworn in. I just wanted to point out on the refusal that LNI noted in its note to the ZBA
that the deck has been existing since 1994 but no permit history can be located. This deck was built
prior to the 2012 zoning regulation in which the five foot setback went into effect. So it's quite
possible that when this deck was constructed that it was a completely compliant deck but there's no
record of it. Thank you. Thank you. Okay. Anyone else? If not, Planning Commission?
Good afternoon, Chair. Peter Bernard for the Planning Commission.
This property is indicated for commercial mixed use in the Comprehensive Plan.
The roof deck has existed since 1994, and we feel the violation is de minimis. Accordingly,
we recommend that the special exemption be granted thank you MI 2021 that's zero zero zero nine five
two two three two four Waverly Street my vote is yes my vote is yes my vote is yes my vote is yes
thank you Mr. Duplitz I understand you were an amazing professor at one time oh no I'm not sure
who would have told you that,
but thank you for saying it.
Like everybody, I always like a compliment.
I'll ask it this way.
Sharon, would you agree?
Well, I would agree that his wife was.
Oh, okay.
All right.
And I'm sure you were too, Mr. Duplessis.
Thank you.
Okay, have a good day.
Thank you.
Thank you very much.
Small world, wow.
calendar number 2710
home avenue
the attorney is
Ron Patterson
and he's already
been sworn in
we have a letter
of support
from the RCO
can we promote
Hi, Mr. Patterson. Can you put your name and address on the record and spell your last name
again? Sure. Hello again. Ronald Patterson, P -A -T -T, E -R -S -O -N, Claire Harrison Law Firm,
1835 Market Street, Philadelphia PA, 19103. You're already sworn in. Do you agree to
weigh the reading of the refusal and stipulate to its accuracy? Yes, I do. Have you emailed
the exhibit packet with proof of ownership tax compliance refusal or referral photos under plans
of the property five days in advance of this hearing and have you met with the RCO and do
you have a letter yes to all of the above okay thank you you may proceed sure thank you so
this application as you mentioned regards 2840 home avenue here is a aerial picture it's located
across to the north here on this picture configuration of northeast old nazareth hospital
configuration of Northeast Nazareth Hospital. This is the property here. And I point to this
rear back because this is an outdoor play area to the existing daycare. And that's the subject
of this application. Here's another view of the hospital across the street. So this building,
although in an RSA2 residential zoning district, was never a residential building,
never used for residential. It was built in 1961 and was used as a YWCA. In 2014 I was before the
board to ask for a variance because of the conditions that would be a non -residential
to approve a daycare center. And that daycare still exists. And it is,
there's some pictures of it. Does it exist now? Where we find daycare, I may say.
um so here we are we're in existing space two and uh space three has become vacant and as you'll
hear from Anna Pasek who is the operator and has been since 2014 where we before the board
we wish to expand into space number three which is vacant um the expansion however will not um
increase any occupancy of the number of children. It's just an amenity to create a separate play
area. You know, in COVID times, it can spread out further and not have to worry about being
inside during the inclement weather. And I'll show you a better picture of the interior.
So as I showed you, here is the existing. Here is the new proposed space. Not being used, but it's ready. It is already state licensed, which is a prerequisite.
And as I mentioned, you know, the property can't be viably used for the zoning district that it's located in being residential single family.
And as I mentioned, the hardship was granted a long time ago, although it was probably existing, approved, but no longer conforming as a fitness center and history, as I mentioned, variance granted.
So we're asking for an extension in a way of that previously granted variance.
We did meet with Mayfair Civic, and they have provided a letter of support.
and that letter coupled the fact that this has operated without incident without complaint
there's adequate parking on site if you were able to see the parking lot that has been listed
so there has never been any issues with parking loading drop -off since it is a self -contained
use I'll go back to this photograph see the parking area here
um here's a view of that rear uh kind of play area that i showed you from the aerial view
um if you if i may if you could promote anna passing p -a -s -e -k uh to testify
while we're waiting it says with proviso is that just for the four plans or is that
what is the proviso it says yes if yes with proviso um chair this is these these are not
revised plans that the proviso would be approving it's simply that the community asked mr patterson
to confirm the existing uses in the various spaces so you would be if you approve this it
would be the proviso as per floor plans approved by board today okay okay i thought there may have
been something else? No, the floor plans, it actually was the floor plans that were shown
to the civil group. We met with them twice. The first time the plans that were shown to them
were not accurately depicting the space and configuration. So I just thought there was
something other than the floor. No, nothing for you to approve since it's an e -plan. Okay, understood.
Thank you. All right, thanks. Is Anna here? Yes, I am. Oh, hi, Anna. Good afternoon, ma 'am. Please
identify yourself with the records by your full name and and we'll swear you in yes my name is
anapasuk a -n -a -p -a -s -u -k my address is 1123 camp lane philadelphia pennsylvania 19115
do you swear or affirm to tell the truth the whole truth nothing but the truth
yes i do thank you mr patterson thank you uh hi anna you've heard of my presentation would you
Hi, Anna. You've heard of my presentation. Would you agree that it's true and accurate and you adopt it as your own?
agree that it's true.
Yes, I do.
Okay, thank you. And so, you know, as I mentioned, you have been there since 2014 and you've operated without any issues in terms of loading and parking or complaints. Is that fair to say?
Yes, that's correct.
Okay. And what we're here for today is for you to expand from Space 2 into Space 3.
And could you just briefly tell the board what your current occupancy is and what you plan to
use Space 3 for? Yes, our license occupancy is 82 children. We are fully enrolled. And we would
like to open indoor play area. Since we're participating in Keystone Stars and we recently
receive the third one we going for a higher standards so when the children can play outside
because of the weather uh we will like them to have an area larger area to be able to run and
play and do all the gross monitor games so by space become available we like to use it for that
reason thank you and so just to clarify the number of children are not increasing no it's not it's
It's not being counted as a classroom, it's just being counted as a model area, like playground.
Okay. Thank you. So again, in light of that, we feel that there will be no continuing
adverse impact upon the area of public health, safety, self -welfare, and traffic.
Thank you. Questions from the board?
Anyone else like to testify in this case, please raise your hand.
and mr peter mcdermott has his hand raised i will allow him to speak at this time
thank you good afternoon sir please identify yourself with the records by your full name
and i'll square you in mcdrmot i am one of the three rcos involved made for civic association
being the coordinating 64th democratic board which is ours and there's a 60th or let me
interrupt you will you swear for him to tell the truth the whole truth nothing but the truth
i do thank you please proceed uh 60 democratic board which is registered at 7535 pattersby
one nine one five two uh i'm gonna i'm gonna confirm what mr patterson said
the initial issue we had with hearing one was clarification and cleanup to administrative
losing you you're breaking up
yeah we lost it we'll stipulate all right we'll stipulate mr patterson you being officer court
that the gentleman who just got disconnected would adopt your testimony okay planning commission
good afternoon chair peter bernard for the planning commission
this property is indicated for single family residential in the comprehensive plan and is
located within a child care overlay however we recognize a hardship at this property and that
the existing daycare has been in operation and is supported by the community accordingly we have no
objection to the granting of the variance thank you mi 2020 -002 -710 -2840 home avenue my vote is yes
with proviso uh as court plans approved today my vote is yes with proviso yes proviso yes for
proviso thank you so much thank you madam vice chair i think we go to number 10 and for the
court reporter once after this case we'll take a 10 minute break okay thank you calendar number
4290 North Penn Street.
The attorney is John Sabatina.
Mr. Sabatina, are you in the audience?
If so, please raise your hand and please wait
to be sworn in, sir.
not available
he's in the audience but he hasn't raised his hand
mr peter mcdermott is here we go here's mr sabatina
He has now been promoted to panelist, madam.
Hi, Mr. Sabatina, can you put your name and address
on the record and spell your last name?
As soon as you unmute yourself.
yes hi hi mr sabatina can you put your name and address on the record and spell your last name
please on sabatina 1742 emerson street philadelphia pa 19152 thank you do you swear
for him to tell the whole truth and nothing but the truth i do do you also agree to waive the
reading of the refusal and stipulate to its accuracy yes and finally if you email the exhibit
packet with proof of ownership tax compliance refusal referral photos and or plans of the
property five days in advance of this hearing and have you met with the rco and do you have a letter
yes to all the above except we don't have a letter before we go any further mr sabatina
would you please by your last name s -a -b -a -t -i -n -a thank you thank you you may proceed
frank yes uh i believe mr mcdermott is going to place the exhibit up i don't know he i just
texted me that he was somehow cut off
uh we lost him in the last hearing i don't know how i'm sorry mr chairman but uh mr mcdermott has
been uh reconnected and he has been promoted to panelists at this time
darman i believe it was sworn in minutes ago please identify yourself for the record and proceed
My name is Peter McDermott. I'm with Sabatine and Associates for this case,
and I'm going to try to share my screen now.
Here we go. Can you see our screen?
yes okay yeah we'll start off obviously this is the index of the list of exhibits
we do have the application for the zoning and the use registration
and the app the notice of refusal of the proposed use
application for appeal to the zoning board
Project information form, deed, the tax clearance certificate, and the commercial activity license.
Here's some exterior photographs.
The building is a former Catholic school, St. Joachim's.
There's pictures of the postings, interior photographs.
As you can see from these pictures, it was obviously a former school, and the application is for use.
Part of the building is a school for GE, GDE or whatever, you know, for people who have possibly dropped out or couldn't finish their education, and another portion of the building to be used as a daycare.
there's a site plan
can we go back to the site plan
there was on the refusal it mentioned
the fact that there was no
parking designated however as you can see from the rear of the building
there is ample room to provide parking as needed.
There's ample room to provide parking as needed.
There's a floor plan which shows the existing school and the proposed child -based care alongside of that.
here's a zoning map of the area
as is evident from its prior use to try to open this building for an educational facility is not
a stretch and that's basically what the owner has intended there was some we had several meetings
with the RCO the first meeting on March the 4th
seemed fine. And then later on, we received, noticed that they had additional questions
and they requested another meeting, which we had again on May the 6th, which
and we had that on may the 6th the only question was whether or not we were going to be we needed a
an affidavit of restricted use for the upper floors.
However, inquiring to the Michael Jackson of the fire code unit,
he indicated back to my clients that that was only necessary
if the upper floors were not compliant with the building code.
We also, at the meeting, voluntarily advised the people that we would seal off the third floor if they had an issue with it.
And I don't know why we don't have a letter of their findings, but it was a recent meeting, May to 6.
Perhaps they'll send the letter later on.
Were you at the May 6th meeting?
Yes, I was.
Do you know if the vote was taken, and do you know what the outcome of the vote was?
No, I did not know the vote was taken.
When we left the meeting, they were still questioning whether or not we needed an affidavit of restricted use, which, according to the fire code, we don't.
which we research. We don't need it. What we did, we are clients willing and able to
close off the third floor to prevent access. There was some concern as to whether or not the
children, young children in the daycare might wander up to the third floor. And, you know,
we offered to simply seal it off, but we can't get an affidavit of restricted use
because they don't issue them
when the floor is in compliance.
All right.
Have you concluded your testimony?
Yes, it does.
Is there anyone else you need to bring on?
Questions from the board?
Hello. Anyone else would like to testify in this case? If so, please raise your hand.
Mr. Chair, Sloan Fulks has his hand raised. I'm all alone. I'm just picking his thumbs up.
Thank you. Good afternoon again, Mr. Fulks. You're still under oath. Please identify yourself.
Good afternoon, Chairman Chico, members of the ZBA board. My name is Sloan Fulks,
Office of Councilwoman Maria Quinones, Sanchez, 508.
The I was I was in attendance at the meeting last week, the final RCO meeting between the RCO and the applicant, the app, the the the RCO did request this affidavit.
I was in attendance at the meeting last week.
Their concerns were safety around safety regarding the children that would be attending the the daycare and access to the third level, which was not in use.
They did request this affidavit. I do not know why they haven't submitted their letter, but I know that this would be, the letter that they would submit would be a proviso that they would request.
I humbly request the RCO hold their decision for a week until the RCO can submit their letter.
You mean the ZBA hold?
The ZBA. Thank you, sir.
Mr. Chairman, this this has been going on since March of 2020.
We've met with them. We cannot comply with something that simply doesn't exist.
And that was the only issue that was raised.
Sharon, I need you on this one. If we put a proviso in that the third floor is not to be utilized or sealed off, would that be a proper proviso?
um mr sabatina would that be consistent with your plans for the property would you be willing
yeah i'm sure my client would be willing to seal the third floor uh off uh while there's no no use
being taken place there so mr folks that would satisfy that issue that was yes yes sir but again
the the rco was very adamant in requesting that that affidavit be provided by the city
um i i don't think that a week would be onerous to the applicants i do know that the the you know
um one way or the other uh they're going to move forward the process i do know that the
that the rco is not in uh complete opposition uh toward the project they're just concerned
about the safety and the welfare of the children understood mr chairman mr chairman yes tom the
The ceiling off of the floors above is a building code issue.
Yes, Chair.
Actually, this is Sharon again.
If you could hold the record, hold the vote for one week, closing the record except for receipt of the letter from the RCO, which will be read into the record.
And I could, during that time, confirm with Ellen and I whether this would create a problem if you were to add that proviso.
All right, John, just give us another week.
it'll be resolved yes uh you just have in mind that it doesn't exist we can't get an affidavit
understood i think but made that made me to be that message may need to be uh uh clarified with
the community and mr folks i think will handle that and mr sabatini can i say that if we it
would take more time if the board were to add a proviso that um ellen i would object to so
So one week to clarify that would probably be helpful to your clients as well.
All right, then.
Okay, so Shara, we're going to just, we'll hold this for one week.
The case will be voted.
The record is closed aside from a letter from the RCO, which if submitted in the next week will be read into the record.
So that case number MI2020 -000121 -4290 North Penn Street. The record is closed. We will hold this matter until next week's executive session to review the letter from the RCO.
Thank you, ZBA.
Excuse me, Mr. Chairman. Is it necessary for me to attend next week?
No, it'll be done in executive session. Correct, Sharon?
it will be um discussed in executive session if a letter is submitted in the next week it will be
read into the record and there will be a vote but there will be no testimony so not necessary for
you to be here thank you all right john thank you all right with that that concludes the two o 'clock
list i believe excuse me mr chairman yep i'm sorry this is peter mcdermott from uh 2840 home avenue
i don't know why i got cut off but i just wanted to finish my statement on 2840 so the applicant
and their attorney did clean up the site plan for us the only other thing that the 64th ward
were worried about was the amount of trash in the area and they they um confirmed with us that they
were going to routinely do maintenance around the area and make sure that the trash was picked up
so that that site is actually uh has a large slope in it and the address on home avenue actually
backs up to the confluence of solly avenue and lexington avenue and at the top of their site
There was an unbelievable amount of trash that we wanted to make sure that was put on record.
there was an unbelievable amount of trash
that we wanted to make sure that was put on record
that that has to be cleaned up.
Mr. McDermott, this has already been voted
and we're not sure if the applicant is even still present
or his representative.
So the record is closed.
Miss Aludia, with all due respect,
we're in a different world right now with pandemic
and me getting cut off is a little bit different.
Well, we understand that.
Well, that is part of it.
It's a challenge for all of us
and we're sorry that you got cut off.
You were actually breaking up for a while
and then we lost you completely.
You hear me good now, right?
Yeah, we hear you perfectly now.
Yeah, we can.
Chair, if I could mention.
This is Tanya.
There appears to be other individuals
who wish to weigh in on this case.
Same case, Holm Avenue?
Or Penn Street?
Are we talking about 2840 Holm Avenue?
um i have i have someone with their hand up that's asking
penstreet he's saying mr gross is here
um we already voted that um no you haven't voted yeah i'm happy
you were holding it for one week for the letter from the rco if mr sabatina is still here and
others would like to testify. I should hear it. Jason, could you please allow the one with the
hand up to speak, please? Mr. Aaron Gross has been allowed to speak. Mr. Gross, please identify
yourself. Mr. Gross, Mr. Gross, hold on, hold on. Would you please spell your first and last name
I'll swear you in. Yes. Good afternoon. My name is Aaron Gross. That's spelled A -A -R -O -N -G -R -O -S -S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I affirm. Apologize for the technical problems we're having today. Please proceed.
No problems at all. I'm an attorney for the owner of 4290 Penn Street, and I was also on that
meeting last week. The document that you saw of the email exchange between Michael Jackson
and the owner was that was between myself and Mr. Jackson and Mr. Sabatino was correct in stating
that this proviso is literally non -existent and I understand where the RCO is coming from and
they said they have a double standard for safety and we agree to that but this document is actually
a document that is necessary only prior to a CFO. If a CFO is issued, it means that this document
was never necessary. It's under the city's website listed under documents that are necessary to obtain
a CFO. And I understand the confusion because we stated that we weren't using it. However,
I just want to be clear that the owner doesn't want that the use is granted with the proviso
that the third floor, that we need to come back to you guys to be able to use the third floor.
We just want to, you know, we want to be amenable to the RCO and allow them to, you know, give
them assurances that we're going to make the building as safe as possible. But the whole
discussion was based on a misunderstanding, which I understand where that came from,
but it was based on a misunderstanding of the applicable laws and documents.
Thank you.
Any questions anyone have?
Sharon, do you have anything to add?
Just one question, and I'm not sure that I completely understood the last statement,
but would a proviso, the proposed use is going to be on which floors of the structure?
On the first floor.
so proviso stating um approved use limited to first floor only would that satisfy the rco
i believe that would but again i think they still need to be somebody needs to clarify to them that
the document they were requesting they they said that because the city requires such a document
therefore it's a safety issue and therefore they don't want to they want to have a double standard
but well the thing is that if if it is required then it will be required as part of the building
it's not required that's what i'm saying mr gross hold on please yeah sorry if it isn't required
we can't require it the board can't require it if it is required you'll be required to
um submit it as part of the in order to get a cfo so no problem thank you okay thank you i think
that hope anyone else
sure that appears to be all thank you very kindly thank you we're going to take a
Chair, that appears to be all. Thank you very kindly.
Thank you. We're going to take a 10 -minute break. We'll be back here at 10 of, what's it called, 20 of, 10 of?
Everyone, my name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.
I'll be participating in today's hearing along with our vice chair, Ms. Carol Tenere,
Board Secretary, Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James Snell.
uh board administrator is that who is that today i apologize i wasn't here
thank you and uh board attorney ms sharon sletta are also in attendance for those of you who haven't
yet participated in one of our virtual hearings i'll go through some of the basics of what you
can expect first we will be administering oaths to individual participants prior to their testimony
Second, we'd like to advise everyone that this proceeding is being recorded, that by participating, you acknowledge your agreement to be recorded and that the recording will be made available to the public on the web or otherwise.
Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.
I repeat. For anyone participating by phone if you wish to testify you must raise your hand by
hitting star nine and then star six to unmute yourself. Finally to enter an appearance statement
call google 267 -270 -5548 and leave your email address and the address of the property at issue.
I will repeat that as well. To enter an appearance statement, call Google 267 -270 -5548 and leave your email address and the address of the property at issue.
I'd also like to remind everyone, please do not attempt to testify in the chat. Any comments should be directed to our board administrator, to our board director, our board administrator.
I think we've got everything covered.
With that, Carol, we'll call that 930 case.
Thank you.
Calendar number 2198, 1904 South 7th Street.
The applicant is Maria Linares -Esteves Rosario.
There is no opposition from Councilman Scuola.
um court reporter can you check and see if you can unmute yourself please
i'm sorry not court reporter translator can you check to see if you can unmute yourself please
ma 'am i have a per individual with the with the number ending in two six two two zero with their
hand raised? I'm not sure who that is. Do I allow him to speak? Yes, you can.
Sir or madam, you have been allowed to speak. Please wait to be sworn in and identify yourself.
hola hola excuse me um chair you're muted are you the interpreter
okay hello
mi nombre is maria no this is maria chair not the interpreter maria is the applicant
all right uh why don't we do this we'll hold maria off again uh until we find the interpreter
um i believe they're here interpreter can you unmute yourself
number engine 6354 hi are you the interpreter
hello um i'm an intro hello yes i'm interpreter there's a lot of confusions right here um
How many interpreters do we have online?
Am I the only one?
I believe so.
Tanya, we only have one, correct?
Yes, correct.
Yeah, so you can identify yourself for the record, sir.
Name and please spell your full name.
My name is Carlos.
ID number 13613.
That's the name?
That will be Martinez, M -A -R -T -I -N -E -Z.
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do okay carol i need you because i don't have that paperwork um is the applicant available
and to the interpret if the applicant's available we need her to spell our full name
okay senora yes okay so the
Señora. Yes. OK, I would like her to put her name and address on the record and spell her last name.
Bueno, señora, quiero que diga su nombre completo para el record, para la grabación y quiero que me deletre su apellido, por favor.
Maria Estevez Rosario, apellido E -S -T -E -V -E -Z, Rosario, S -R -O -S -A -R -I -O.
Okay, my name is Maria Estevez Rosario.
So, last name Estevez will be Echo, Sam, Tango, Echo, Victor, Echo, Zebra.
Rosario will be Roger, Alpha, Sam, Alpha, Roger.
india oscar thank you can you ask her if she will swear or affirm to tell the whole truth
and nothing but the truth
thank you
has an emailed packet with exhibits been sent with proof of ownership
Can you ask for that?
Okay, my assistant, well actually the lady, she was the one who sent all the information
through email, and it's ready for you guys to see it on the computer if you guys want
This is Sharon.
I can confirm that we received everything.
We did.
Great.
You may proceed.
Thanks, Sharon.
Oh, I'm sorry.
Can I interject, please?
Ms. Estevez, is Bedita available to show your exhibits on our screen?
Señor Estevez, ¿está listo para que le digan en la pantalla para que vea usted?
If we can ask.
It looks good.
Thank you.
Muchas gracias.
So, Ms. Estevez, you have to do the presentation while Badisa shows the exhibits.
You can start now, please.
Hi, my name is Maria Estevez Rosario.
Soy de la dirección 1904 Sur de la Siete, Philadelphia PA 19148.
Yo vivo encima del restaurante de paquete zone.
My name is Maria Esteve Rosario.
I live in 1904 South 7th Street, Philadelphia, PA 19148.
I live right on top of the restaurant Porlo.
Yo estoy aquí hoy para cambiar el uso del primer piso de comerciar a un restaurante de comida caliente
para menos de 30 personas para comer adentro y para llevarse comida.
Mi horario son las 7 de la mañana a las 8 de la tarde.
No vamos a tener licor, no vamos a tener nada de fumar.
I'm sorry, we're going to have to pause and interpret the sentences.
You go along, please.
Buena señora, por favor, quiero que de su respuesta en partes para que yo pueda hacer una interpretación mejor.
Okay, por favor.
Oh, okay, desculpa.
Okay, the reason why I'm here is because I'm calling because I want to open a restaurant at the first floor.
It's going to be a restaurant where it's going to serve warm food, no alcohol, no smoking.
It's going to be between the hours between the 7 in the morning to 8 o 'clock.
There's going to be a takeout food also, and it's going to be for not too many people.
You can continue, Maria.
Continue, señora.
Okay, um, este list, yo entré en este list febrero primero del 2020, pero después la pandemia se pasó.
pero después la pandemia pasó y no pude hacer nada más pero desde el día que tengo el list
yo he podido sometir aplicación y esperar para tener el zoning me he comunicado con la comunidad
y ellos me apoyaron y mandaron una carta de apoyo a zoning
Okay, this visa happens in 2020, but due to the pandemic, I have to postpone it, but
I also sent a letter to the opponent to be supported by this, and I'm still waiting.
Go ahead.
maybe, Ma.
Okay, Torres, I wanted to know that
I'm going to have people,
I'm going to pay for people to pick up the trash
once or three times a week, also
to dispose of the oil
and recycle. We're going to have
a person to do that, and we're going to have
a start at the beginning of the opening of the restaurant,
which is going to be only two persons working,
probably more later in the future.
So, would you ask her a question,
where will the trash be stored?
on the back
is there a yard space
okay and the commercial commercial pickup
correct y eso hace una levantada de comercial verdad sí claro thank you of course gracias
there's a roof mounted exhaust system
well no tenemos techo ya puesto tenemos un exhaust
puesto señora todo eso tenemos una campana para el humo y todo
okay now there's no um exhaust from nothing right now like i said before i got this list
on february 1st 2020 so i was getting the uh a permit and i was wearing an authorization
for you guys to be able to do everything well my question is there will be i thought i saw it on
the plan right there on the right it'll be it'll be a room is that a roof mounted
okay yes all right um it seems to be pretty straightforward any questions from the board
no no anyone else like to testify in this case please raise your hand
i see no further hands at this time mr chair thank you planning commission
this is uh ron bednar city planning
Ron, please identify yourself, spell your name, and I'll swear you in.
His first name is Ronald, R -O -N -A -L -D, last name Bednar, B -E -D -N -A -R.
We're going to affirm to tell the truth, the whole truth, nothing but the truth.
Thank you, sir. Please proceed.
This property is indicated for multifamily use on the city plan.
Given the proposal is consistent with the current character of the corridor,
we recommend that the quest for variance
be granted
Carol I don't have that number
so you can call it up and we'll vote
calendar number 2198
South 7th Street
my vote is yes
my vote is yes
my vote is yes
chair if I could just briefly
apologize to the applicant
for the mix up I do apologize
for future reference we'll try to
always get an interpreter here for you. Thank you very kindly, Chair. Thank you. And to the
thank you very kindly chair thank you and uh to interpret it would you pass that along to maria
interpreter, would you pass that along to Maria?
thank you yeah are we on uh number one if not before you go carol on the 330 list
the following cases have been requested to be continued number two on our list mi 2021
0 0 0 3 7 0 3 4 0 9 goodman street calendar number number seven on our list calendar number
mi 2021 dash 0 0 0 3 6 9 7 2 1 9 woodland avenue anyone is anyone in disagreement with
those two requests for continuances if so please raise your hand
i see no hands at this time mr chair thank you anyone else would anyone else
request is anyone else requesting a continuance or withdrawal if so please raise your hand at this
once again no hands at this time mr chair okay thank you carol then
we can begin with number one on the 330 list um excuse me excuse me chair this is sharon um i'm
wondering would you like to in case someone is waiting for it call out the one case that has
no exhibits to see if anyone is here for it that's number four yes mi 2021 -000376
Oh, I'm sorry. Yes, I apologize. That was no worries. Okay, already, already continue. The only one is number eight. There are no letter in the exhibits, correct?
That's correct. Oh, no, Sharon, you should answer that.
tater street
all right well charmer's looking for that we'll continue i'm sorry i was on mute um the um
i believe the meeting was held so perhaps when they're called they can explain
what happened at the meeting. Very good. Thank you. Carol, number one.
Calendar numbers 0362 -199 West Champlest Avenue. The applicant is Marvin Amy.
I have a Ms. Patrice McCants with her hand raised right now.
I can allow her to speak if that is all right.
Please do, ma 'am.
Please identify yourself for the record.
Spell your full name.
patrice mccance p -a -t -r -i -c -e m -c -c -a -n -c -o -s
excuse me tell the truth the whole truth and nothing but the truth yes and you are
excuse me this is sharon um the name listed in the list is the property owner miss mccann
though is the um she's leasing the property so she can go forward and she is listed as an
individual on the lease okay thank you okay all right miss mccance please proceed okay so you
want me taking my name again no no i'm sorry miss tenere will give you some uh ask you some
questions okay i'm sorry can we just pause for one moment please i'm being as though she is the
one to present jason can you promote her to a panelist please right away ma 'am
she has now been promoted to panelist
Okay, ma 'am, can you put your name and address on the record and spell your last name?
Where is she?
She already did.
We already swore her in.
Yeah, I already swore her in.
Thank you.
Have you emailed an exhibit packet?
Can you hear me?
Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral,
photos and plans of the property five days in advance of this hearing and have you met with
the rco and do you have a letter yes okay you may proceed okay so um i'm trying to figure out how to
share because um i really this is my first time doing it so i'm just trying to figure out no
worries miss McCann are you on a computer or tablet I'm on a tablet you're on a tablet
so do you have your documents on your tablet
So, do you have your documents on your tablet?
Yes, I have it in the email on the tablet.
So, can you open up those documents so that they can be on your screen?
So, what do I do?
Do I go to the email and just open it up and then come back on here?
Yes, you should be able to open them up so that your file is actually open because you're going to actually hit the green button.
And I believe that should be on the bottom of your tablet that says share in order to share those documents on the screen.
Okay, I see it.
All right.
Okay, I'm coming.
I'm sorry.
Okay, that's not it.
okay sorry i'm so sorry y 'all i'm really i was trying to figure this out before i got to this
point okay can y 'all see not yet did you hit the share button at the bottom of your screen
yes and then did you it was at the top of my screen and i'm on the photos now and the photos
is like open. Yeah, we don't see it. It hasn't been shared to us yet. I think it's like trying
to share it is like, is like the internet or something. Let me see. And you did hit the share
button yes um excuse me we don't see anything yet miss sunken do you mind if i ask her a question
no go right ahead thank you sure are you i'm using um a mac um ios system
it was an ipad yes okay um
do you have airplay do you know if you have airplay on your anywhere on your screen
um if you have like basic sharing screen you could look for something called airplay and
then click the blue share button okay i'm gonna look now or you can do like miss sunkett said
which would be best if you're able to hover near the bottom of your screen or like with your finger,
like I guess scroll and see if the green share button comes up.
It came up and then it's asking me like if I want to do my screen.
Yes, you do your screen and then you.
You had it for a second.
I did? I did? Okay, okay, I'm so sorry. Sorry, y 'all. I'm so sorry.
All right. Oh, gosh. Is this sharing it?
I'm a little bit. So I'm on here and I'm trying to share it. I go here.
So I can just see them now.
I don't know how to share it.
Right here, right?
Oh, share the screen.
I think it's about the video, but where's the screen?
You're trying to share the screen, right?
Right.
Screen.
Sorry, Burry.
Could we move to the next case while you guys are trying to work out the technical issues?
Hey, sorry about that.
no problem this happens all the time so don't no worries we'll just go we'll go to the next case
come back to you that'll be case number five uh case number three isn't it uh three was continued
oh okay calendar number wasn't it i didn't call it for continuance for some reason i have it
This continued.
Okay, I'm going to, let me call it calendar number 0371 -3401 Aramingo Avenue.
The attorney is Jennifer Bozzillo.
I love the screen.
We still.
i've been proud of the panelists
now we have the screen that yeah from the prior case miss mccants
Yeah, from the prior case, Ms. McCants.
Hello.
Can you please unshare your screen?
Are we moving on?
Right.
Okay, Jennifer, you weren't requesting a continuance, correct?
No, you called number two for number three.
That was continued.
Number three was continued, but I'm actually number two on the list.
I'm not
Are you for Aramingo Avenue?
Number three on our list
And that
Okay, let's go forward
Either way, it's our
3401 Aramingo Avenue
Can you put your name and address on the record
Please, it's by your last name
Okay, Jennifer
Bizzidlo, B as in boy
A as in apple, Z as in zebra
of y d and david ellison larry o is an oscar 4500 worth street suite d 202 philadelphia pennsylvania
19124 and you swear or firm to tell the whole truth and nothing but the truth reporter my
audio just cut out hello yes um we can hear you john um are you able to hear us now no
um do we have the ability to message the court reporter excuse me hello what a day
um tanya do you uh hello hello we can hear you
does anyone have the court miss sunk it do you have the court reporter's um
email that we could message him uh no uh what did he say what's the problem he said
he can't hear us but we can i have excuse me can you hear us now john
no he can't he needs to go out and come back in let me see if i can chat with him
can anyone hear me and we can all hear you
We all can hear you.
Yes, we hear you.
Chair, I requested that he go out and come back in.
Thank you.
excuse me john can you hear us now yes i can i apologize i my audio cut out right after it
happens no problem no worries no worries introducing yourself i apologize i i don't
know what happened no worries no worries all right so we're ready
hi do you swear to tell the whole truth and nothing about the truth yes okay i'll put my
name and address on the record just one more time just to make sure the court reporter heard me
my name is jennifer bazillo b as in boy a as in apple z as in zebra y d as in david l as in larry
o as in oscar my address is 4500 worst street suite d202 philadelphia pennsylvania 19124
Thank you.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral,
photos, and plans of the property five days in advance of this hearing?
And have you met with the RCO?
And do you have a letter?
Yes, to all.
Thank you.
You may proceed.
All right.
My name is Jennifer Bezidlow.
Like I said, I'm here today with Shinpei Kuo and possibly Scott Montgomery.
He might have had to drop off.
both are representatives of the property owner of 3401 Aramingo Avenue which is map real estate
um I've I have in front of us a packet which is one second the my bar is in front of where
Bar is in front of where I need to scroll. Okay, so I have a packet that includes the refusal, deed, proof of tax compliance, a unanimous letter of support from ProPAC, the community notification letters with proof of mailing, aerial views of the property, a zoning map, photographs, and plans.
I need to scroll okay so I have a packet that includes
I'm going to try to keep this fairly short for you because I know we are running late.
And this is a fairly simple sign variance, a dimensional variance with community support.
So 340 on Aramingo Avenue is a large parcel.
It's over 157 ,000 square feet.
It is along the Aramingo Commercial Corridor.
Jennifer, we're still on the table of contents.
Sorry.
I'm trying to get to where it can scroll. One second. Here we go.
So I got the refusal.
Here's our deed.
Let's see if it's map real estate on there. That's the owner.
This is proof of tax payment.
and our letter of unanimous support from pro pack
community notification letters
i think there's only like 28 parcels that even needed to be notified here it's a short list
and I'll get I'll get to these pictures in a little bit in my presentation but
let's just go to this first picture right here so this is 3401 Aramingo Avenue like I said it's a
large parcel over 157 ,000 square feet it's located along the Port Richmond Aramingo
commercial corridor where there's a whole bunch of these big box stores and shopping centers.
It's on Aramingo in Ontario, the corner, and it runs back through Gall Street.
This is formerly Toys R Us, now at Burlington. And as you can see off to the side here,
there's also was a former Payless shoe store. And the plan is that this Burlington is going
to continue to exist. And in the area where there was a Payless shoe store is going to be a CVS.
This is all by right. We're not here about the use. We are rather here about this sign for the CVS.
So let me go to my plans here.
The plan is to attach a double -sided static illuminated CVS sign under the existing Burlington sign.
The Burlington sign is currently about 93 square feet per side.
The CVS sign will be a little over 41 square feet per side for a total of 134 square feet per side.
There'll be no blinking, no animation, it's just a standard CVS sign that you've probably seen on many other CVS's throughout the city.
The only refusal is for the square footage of the combined signs.
So let me get to the zoning map to explain what's happening.
This is our parcel here, and it is zoned ICMX.
In that zoning, by right, you can have one 20 -foot tall freestanding sign per street frontage.
And each sign can have four faces of up to 100 square feet per side.
So on total, since we have three street frontages here, we could actually have a total of 1 ,200 square feet of signage.
but what we're proposing is roughly 268 square feet of total signage but since it's on one sign
instead of on three different signs this requires a variance but it's not it's also not out of place
at all with um so besides being less signage than we could actually put on the property
it's not out of line with what's already in existence on this commercial corridor this is
going north on Aramingo Avenue. You can see that we have lots of other large signs. This is another
photo up north. You can see these other large signs. This is going south. You see more billboards
and advertising signs. It's a commercial corridor. We're not facing anyone's home. In fact, it's
facing another large shopping center this ross shopping center with an even larger sign across
from it um i know that this property is icmx because that puts on some more stringent um
stringent signage requirements that we're only slightly over but if you look at the zoning map
But if you look at the zoning map, the rest of the commercial corridor, other than this little portion of this block, is zone CA2, which is a car -oriented commercial, which is actually how we're using this property and how this property has been used for decades.
the rest of the commercial corridor other than this little portion
And this sign would be by right in a CA2 zoning. So it would be by right across the street. It would be by right next door. And in fact, in way below the requirement for CA2, which we could actually have, I believe, up to 10 signs with 150 square feet of signage per face.
So we're significantly below what would be allowed by Wright in the adjacent parcels, and we're significantly below the total square footage of what would be of sign square footage that we would be allowed on our property, even in ICMX.
I'm going to go back to that photo of across the street. Like I said, this is what our sign is going to face, this other gigantic sign, which is significantly bigger than our sign.
So we did meet with ProPAC. Let me get to that page. And there is no opposition at all. They were totally in support of the sign variants. They understood that this is a commercial corridor that has lots of these signs and in no way would it be disturbing any sort of residential use.
um and it's just going to fit in with the other signs that are in the neighborhood most people
wouldn't even know that it was out of compliance you have a client that you need to adopt your
testimony yes so um rise and we'll get to that yeah shouldn't pay um can you raise your hand
they have been allowed to speak
please identify yourself hi please identify yourself for the record spell your first and
last name and i'll swear you in okay uh shouldn't pay kuo uh spelled s as in sam h i n as in nancy
p as in paul e i last name is k u o where and different or affirm to tell the truth the whole
truth nothing but the truth yes thank you jennifer uh shimpe did you hear my testimony here today
and believe it to be truthful and accurate i did and yes i do all right and would you adapt it as
your own i would yes thank you thank you questions from the board no no no anyone else would like to
testify in this case, please raise your hand.
No further hands at this time, Mr. Chair.
Thank you. Planning Commission.
Ron Bednar, City Planning.
Properties indicated for industrial commercial mixed use on the city plan.
Recommended request advance be granted.
Thank you. MI 2021 -000371
341 Aramingo Avenue. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you.
Thank you. Are we ready to go with Ms. McCants?
If not, we'll move on and come back. Okay, so we'll go to calendar number 1382 -4426 North 19th
street alan knockamson is the attorney i'm sorry i was ready sorry i'm ready for miss mccance
yes let's go to that one carol and then we'll come back to uh okay so we're back on calendar
number 2198 1904 south 7th street miss mccance um we'll do your name and address on the record
oh no no it's not
carol i think it you it's isn't a camp post or no
um no is that wait a minute i don't know what she you're on the wrong sheet what number is that
it's number one on your list for 330 number one on 330 you read a different number okay um are
they ready though before you hold on carol i'm going to interrupt you are they ready excuse me
ma 'am i just have a quick question do you have the zoom app downloaded or are you just going
through the internet to get to zoom i'm going to best the zoom app okay um so you go through the
app and you still don't get you get the share screen but then it just doesn't allow you to
choose it it comes up but it's just like taking a long time like this trying to it's trying to
taking a long time like this trying to is trying to get the internet yeah do you are
you in a place where it has strong wi -fi um i would have to break off so i would just go
i'm just gonna go outside i'm sorry um chair if i could um would it be um difficult to hear this
case without the exhibits or if necessary my staff can try to find them so we can try to present um
my own yeah my only concern is that there's a notation about a provisor with a three -year
temp i don't know if that interferes with what is being presented we can go on to the next case and
and hold this to the last um excuse me i think the problem is the wi -fi because it seems like
it's getting to the point where it needs to and she has zoom but it's just not making the final
connection i'm looking at the zoom things yeah right tanya why don't we do that if at the end
if we have to we'll do as you suggested um this is sharon i could also um miss sunkett i will email
you the exhibit packet that was sent to me and also i believe that hillary emerson may be here
to testify on this case but i could be mistaken on okay sharon okay let's move on
and then we'll come. We'll hold this to the last, all right? There's only a couple of cases in
between. Okay. So again, calendar number 1382, 4426 North 19th Street. Alan Notkinson is the
attorney. Afternoon, Mr. Notkinson. Were you on this morning? Mr. Notkinson, it's Ms. Clementa
amazon sir she's okay thank you okay can you put your name and address on the record please and
spell your last name of course good afternoon clemente amazon c -l -e -m -e -n -t -a last name is
a -m -a -c -a -n once you're referring to tell the truth and nothing about the truth
I do. The address is 123 South Broad Street, Suite 1600 -19109.
Thank you. Do you also agree to waive the reading of the refusal and stipulate accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, copy of the refusal or referral, photos and plans of the property five days in advance of today? And have you met with the RCO and do you have a letter?
Yes, in all respects.
Okay, you may proceed.
Thank you.
Can you all see my screen?
Yes, we see the house.
So I will make this brief.
I am presenting 4426 North 19th Street.
We are looking to convert this into a duplex.
There is no basement living.
we have a letter of non -opposition from the councilwoman, as well as from BCB, I'm sorry,
as well as the RCO. So my presentation, I will go over the deed, tax clearance, notice of refusal,
application for appeal, maps from the area, photographs of the property, as well as our
plans and drawings, and the two letters of non -opposition that we've received. First,
the deed showing that my client Keechid and Latanya McLean McLean McLean -Sheed own the property.
tax clearance information receipt of the tax felons being paid a notice of refusal as i
mentioned we are proposing a duplex for this particular address our application for appeal
project information form a map of the area again we are on north 19th street with north uber street
to the rear of the property and we're in between west cayuga and west winga hawkins street the view
of the front of the property, views to the right of the property, views to the left of the property.
Photo showing that we did put up the orange notice. Our plans and drawings, again, this is a duplex.
We have no basement living. As you can see, we have a designated area for the trash in the basement.
We do have two letters of non -opposition from Nicetown CDC, who we met with on March 4th at 6 p .m.
letter of non -opposition from Councilwoman's office,
a notice that we sent out for the meeting on March 4th,
and the properties that were notified of the meeting,
all 164, a list of set properties,
as well as certificate of mailing,
proving that we did in fact send that notice
out to all of the designated properties.
So with that, if I could have my client adopt my testimony,
I believe it is Keith Sheet on the line.
mr sheet has been allowed to speak good afternoon sir please identify yourself
spell your first and last name
hello please identify first and last name my first name is keith k -e -i -t -h last name she
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes thank you miss amazon did you hear my presentation today yes was it accurate
yes and would you adopt it as your own testimony yes thank you thank you any questions from the
board no no anyone else would like to testify in this case please raise your hand
no further hands at this time Mr. Chair thank you Planning Commission Ron Bednar City Planning
this property is indicated for single family residential use on the city plan and is zoned
accordingly our adopted 2035 comprehensive plan does not recommend any changes to the
zoning designation we do not believe a hardship exists to justify the granting of the variance
therefore we recommend that the requested variance for multi -family use not be granted
thank you uh councilwoman bass is anyone from councilwoman bass's office on the line
we do have a letter of non -opposition for none as well yeah okay i just wanted to make sometimes
uh staff mr chair i'm here here you go this is charles richardson good afternoon mr richardson
please identify yourself charles richardson from the office of councilwoman cindy bass room 312
city hall call your last name please r -i -c -h -a -r -d -s -o -n we're affirmed to tell the truth
the whole truth nothing but the truth i do thank you please proceed uh i am confirming the fact
that the councilwoman has no opposition to this project okay thank you very much anyone else
seeing none mi 2020 -001 -382 -4426 north 19th street my vote is yes
my vote is yes
all right so we go to number six thank you thank you
Calendar number 1850 -610 Fernand Street.
Attorney's Rich DeMarco.
Letter of non -opposition from Councilman Squilla.
Mr. DeMarco has been promoted to panelists, Mr. Chair.
Mr. DeMarco.
Hi, can you put your name and address on the record and spell your last name?
Good afternoon, everybody.
Richard DeMarco, D -E -M -A -R -C -O, 2005 Market Street, 16th floor, Philadelphia, PA, 19103.
Thank you.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I can waive and stipulate.
okay i wanted to just say are we ready to go back into the room on 1515 art street everybody or no
no not until the end of the year okay have you emailed the exhibit packet with proof of ownership
tax compliance refusal referral photos under plans of the property five days in advance of
this hearing and have you met with the rco and do you have a letter yeah we we did everything except
we were a little late on the exhibits they came together a little late we had to wait for we had
our rco meeting on monday i had some some issues on friday but everything had was submitted on
monday and we have an rco we had our meeting we have support from the rco non -opposition
thank you you may proceed all right i'll share my screen i'll do this quickly had a long day
be able to see the rco letter here do you see that
rco letter from epx right yes yes uh this is our refusal mr chairman members of board
This is our refusal. Mr. Chairman, members of the board, we're asking for dimensional variances for this matter and for the not have to set back eight feet at the third story. This is a entirely narrow and tiny property. It's actually only 12 feet wide. I'll go to the plans.
we're asking for dimensional variances
so you can see what I'm going to do our hardship is the actual property itself it is tiny it is
shallow we're asking for what we think are reasonable dimensional variances we're not
proposing any additional density go to the plan here believe it or not the proposed home is only
going to be 44 feet let me rotate for you
that kind of a day
the um it's all it's only 60 feet deep by 12 feet wide um i'm sorry 50 feet deep by 12 feet
So 600 square feet lot area.
You are asking to set back at the third story to not set back at the third story.
The lot is so tiny.
If you lose that eight feet, you can't even really do a third story.
And the third story should be permitted.
There are a few other homes on this block where this board has granted permission for rear additions as well.
Your photos are all upside down.
I know, I'm rotating.
It didn't happen that way when I was practicing this.
One moment, I'll be very brief.
There we go.
You can see how this is from the front door.
You can see how shallow the existing structure is.
It had to be gutted.
It was in poor condition.
and we need the extra space at the third story to have a viable, developable property.
I'll ask my client to join. It's either Mr. Mattia or CGI should be on the screen.
Or on your, Tanya, if you could activate Mr. Mattia or CGI.
you can see these are typical row home tiny row home properties i'll show you
one more thing here's the atlas hopefully you can see the atlas page can you see that the go google
maps this board granted a variance for the property next door to set back uh extremely
deep into the lot you can see how and there's some other properties here uh this board has
been amenable to bring some additional room to fit these houses in where you're dealing
with such a small lot. Do we have Mr. Mattia? Ask him to adopt my testimony.
You're with us, Mr. Mattia.
Please identify yourself. First and last name. Spell your name for the record.
I'm Mattia, A -N -T -H -O -N -Y -M -A -T -T -I -A.
We're in a firm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Mr. Mattia, you are the contractor?
Sorry.
Yes, Rich.
You are the contractor for the owner, correct?
Correct.
Did you hear my factual testimony?
Do you adopt it as your own?
Correct.
Do you agree that if you're unable to add this additional room for this property,
uh the property would never have been worth uh entering into uh due to the very small size of
the existing lock correct chairman that's all i have uh we we have the councilman and the
neighborhood thank you uh questions from the board no no no anyone else would like to testify
in this case please raise your hand no further hands mr chair thank you planning commission
city planning ron bednar property is indicated for residential
use on the city plan recommend the request of variance be granted thank you ron
chairman is muted okay calendar number hold on hold on my mistake i muted by accident
mi 2020 that's zero zero one eight five zero six one zero fernon street my vote is yes
my vote is yes my vote is yes my vote is yes
my vote is yes my vote is yes my vote is yes sorry about that let's go to number eight
have a good night everyone thank you thank you you too rich calendar number 2733 9721
dediker street to dacra street and lisa de chico and angelo monaco are handling this per se
so for the record i just would like to state although miss lisa and i share the same last
name we are in no way uh we're not related at all and we had that conversation a few weeks ago we're
not related at all okay just for the record thank you sure mr chico has a this is the seagull has
her hand up i will promote it to panelists right now
I missed the Chico can you hear me yourself there you go hi can you put
your name and address on the record and spell your last name please short Lisa
DeChico, L -I -S -A D -I -C -I -C -C -O, 9721 Dedeker Street, Philadelphia PA, 19115. Do you swear or
affirm to tell the whole truth and nothing but the truth? Yes, I do. Have you emailed the exhibit
packet with proof of ownership, tax compliance, copy of the refusal or referral, photos under
plans of the property five days in advance of this hearing, and have you met with the RCO,
and do you have a letter yes thank you you may proceed
okay um well this is a continuance of march 3rd um we want to put a 12 by 24 shed in our yard
which is bigger than a 10 by 12 um because we have a handicapped son and we have a lot of
equipment that needs to be put in there for our handicapped son um he's severely autistic
he has a lot of um other issues he doesn't do very well out in society so and especially this
year because of covid uh he hasn't been able to even go to his program and then you know
I was just curious, Mr. Chico, do you have exhibits to present?
I emailed them to you.
I do not know how to bring them up and share them with you.
My computer, it's an older computer.
So I've sent them several times through email.
So, Chair, it's your call, how you want to proceed.
Yeah, I think we already had some issues in the past.
Do we have, you said you have a letter from the RCO?
Jack's on the line right now.
Jack is who?
He is from the, where is he?
The RCO, the RCO.
All right, just have Jack stand by.
Okay, tell him to stand by.
Charon, do you have anything that we might be able to use to get this hearing underway?
I can try to email you the exhibits now, if that would help.
all right listen you know what let's hear from the rco and then then we'll make a decision
all right he said go ahead yeah he's on okay he's on uh yep well whoever he is we need his
full name spell it and i'll square him in
mr o 'hara jack please raise a hand
I'm sorry, I'm going to put you in, sir.
Hello.
Hello, Jack, are you there?
i'm having a little bit of trouble finding him sir i'm sorry
take your time no rush no i don't see him listed
he he's calling in right he he just called me said he's on the zoom call he said he's on the
zoom call he just called so he would have to raise his hand to be recognized okay jack can you raise
your can you raise your hand he is raising and he is raising his hand now 2 -1 -5 -2 -8 -0 -0 -0 -1 -9
There he is, there he is.
there he is there he is okay hello i apologize for that
Hello.
no worries could you please identify yourself spell your first and last name
uh yes my name is jack o 'hara j -a -c -k -o apostrophe h -a -r -a i am uh the president of the greater
bustleman civic league my home address 9823 veree road philadelphia 19115 jack do you swear
a firm to tell the truth the truth about the truth yes i do thank you sir please proceed
uh i'd like to uh share with the board that uh uh mr chico and husband uh presented to the
greater boston civic league back in january uh after the presentation of the shed that they
uh wanted to build uh we took a vote and the vote was uh 20 to 2 20 to support uh the variance
request of uh mr chico okay thank thank you um i don't know if the other board members you get a
uh from sharon did you get the uh the proposed uh shed
any board members have any questions no uh anyone else would like to testify in this case if so
please raise your hand i see no further hands mr chair thank you planning commission uh ron
recommend the quets of variance began. Thank you. MI 2020 -002733 -9721 Dedeker Street, my vote is yes.
My vote is yes. My vote is yes. My vote is yes. Thank you. Okay, we're back to number one, correct?
yes and chair if you're able to access your text messages it might be a little difficult to read
but i did send um three of the exhibits yep i'm just seeing it now thank you you know what now i
can't find number one this is terrible i'll read it off mi 2021 -000362199 west chample street
there's a letter of support with the proviso proviso is a three -year temporary variance
and we know we don't know yet if hillary's on miss emerson
or more importantly are we able to get the applicant on yes i'm here the somerson is on
as well sir okay i'm sorry miss mccans if you have on two devices you need to mute one i get
a little echo from you.
You lost him again?
No, I'm here.
All right.
We're trying to get it on another device,
but they i'm raising my hand on the other device so we can get it on here so we can pull this share
screen you can just go ahead and speak to your case go ahead and i'll be okay thank you okay
So my name is Latrice McKent, last name is M -C -C -A -N -T -S, and I'm trying to open up a bakery at 199 West Champlau's Avenue, Philadelphia, PA, 191 -2 -0.
um i have pictures i have pictures um i'm signing a lease i'm for a bakery um
what uh i got a refusal letter saying that i needed to get the zoning um
I'm sorry. I needed to get approval from the town meeting to have the bacon.
Um, approval from the town meeting to have the bakery there, which I sent out letters
and I got a letter from the CEO and they, they all supported the, you mean the RCO, correct?
I'm sorry. Yes. The RCO, um, they supported the, the bakery.
Do you have any plans you can share with us?
floor plans? Yes. It's actually a floor plan that I gave y 'all in the files.
Yeah. Okay. Yeah. We have, I have it on my phone, I think. Nope. I don't.
No, it should be down a little more.
That's the refusal.
Where's your table?
Oh, that might be the picture there on that one.
screenshot maybe no that's not it that's the um that's for the license inspection that came in
okayed everything for me to get the business license why don't we do this just hold off
miss mccance for a moment is miss emerson on let me see i'm here mr chair okay why don't we
we'll get your testimony we'll get your testimony uh hillary please identify yourself and i'll
you in uh sure i actually was sworn in earlier um this morning but identify myself no problem
i'll identify myself again hillary emerson on behalf of councilwoman um sherelle parker
um the councilwoman after considering a number of factors in this case um is not taking a position
in this matter um the reason is um this this property does have a commercial history at least
i think there may be a residential unit in there but it does have commercial history on
on the space being requested and has been vacant um for at least several years um in the commercial
um part while the councilman believes that a commercial use would be appropriate given the
history and the location um this is a residential area but there are other there's commercial on
three out of the four corners um she um she is all understanding of the opposition from the
adjacent neighbor. This is the end of a row house or end of a row of row houses. And the neighbor
who shares the party wall has expressed to our office that she is opposed to having a food
business at this location. I believe she indicated she'd be okay with another commercial use as it
was in use when she purchased the property um but she has indicated to us like she may be here today
um as well that she she did not want to have a food business um on the other side um of um of
the wall the party wall um we so given those those concerns where we we feel commercial is appropriate
but the commercial um that's a that is being proposed is of concern to the neighbors um
we are not we are not taking a position however we are asking that if the board does decide
um to grant this use um that it be granted on a temporary basis because it's being classified as
a grocery store um and there's already another grocery store convenience store across the street
um so we we we like we don't want to see a proliferation of the same you know type of
business um should the bakery not continue um if again if the board decides um to grant this
thank you do you have any knowledge of history of the prior uses were
my understanding um is it was approved for a dry cleaner um and a tailor shop um i remember seeing
that in the um in the history and the neighbor um who we've spoken with told me that it was a
a tailor shop when she initially moved in about 15 years ago no food that you're aware of thank
you no this um according to the zoning history um the board did um i think it was in 2015
approve a takeout restaurant at this location but it never opened and i understand
approve a takeout restaurant at this location but it never opened and i understand the neighbors
were opposed to that as well at least the neighbor that that we spoke with and again she may be
on this call and can speak for herself okay thank you um
where are we miss mccance are you able to get us um i'm trying to see if we can pull it up on
the other screen so i can show you all my photos of the shop um my sister raised her in on here and
her name is nicole johnson and is not letting her go come in excuse me i don't know if you want to
do this or not but if um she has it on her ipad she could use her phone as a hot spot maybe it
would give her stronger wi -fi but it's up to you obviously it won't let me share the screen
I don't know how we go forward without knowing something about it.
i mean it's the one we've tasted before was a shed we understood that was so i don't hear i have a
promoted miss johnson um as requested if she wishes to share her screen it might be able to work for
her thank you okay can you see it yes can they see it yes the plans the chair asked for the plans
if we can bring those up that would be helpful i've showed the other documents
okay you're gonna play here there we go okay so
i'm having a hard time reading it it's uh the print is very light
uh it's a little blurry yeah before you go any further did i hear
miss mccant i think earlier say that you have a lease agreement yes how long is the lease
agreement what are the terms of the lease um it's for a year one year yes
and i i actually um remodeled the place um because i didn't know that i needed zoning
because i was told from the takeout shop that was going to be there in 2015 that it was already
zoned so when I when I leased it they I didn't know that I needed zoning so I did all the
remodeling I actually spent all my savings that I had I didn't get like no loans or anything I
used my savings to remodel the place to make it a takeout bakery because the person that was there
in 2015 she was it was a takeout sandwich shop your your your intention excuse the interruption
is strictly takeout yes it's all takeout and it's pastry or or break uh what is it pastry
it's like yes cupcakes cookies and like let us like cakes cookies cupcakes that's it what would
your hours of operation be? Okay. Monday through Tuesday, it will be closed. Wednesday through
Saturday, it will be 9 to 6, 9 a .m. to 6 p .m. And on Sundays, it will be 9 a .m. to 3 p .m.
Chair, this is Sharon. If you'd like, if it would make the use more acceptable to the neighbors,
you could limit it to bakery use hours of operation through your attempt to expire on a
specific date yeah i was kind of getting there with the day that's why i asked about the days
and hours since the category is a little broader than that it's a grocery store it's classified as
you could limit it further to the bakery use
bakery use right days of operation and hours
um trying to think you're an exhaust system already in place yes
um i don't know does the board have any more any questions no
is there anyone else who would like to testify in this case if so please raise your hand
no further hands at this time mr chair i'm the chair sharon again if you'd like to hold it for
i'm sure sharon again if you'd like to hold it for a week for discussion i could in the meantime
a week for discussion i could in the meantime
send you all of the exhibits hey i don't i think it's for me anyway it seems to be pretty clear cut
what she's proposing okay unless the other members want to wait it's up you know to me
i i don't need to wait okay uh there won't be a takeout window correct
no it's just you come get your order and just leave no okay thanks and you only have a one
year lease um yeah but i'm going to see i was trying to wait for the the zoning permit so i
can ask her for longer she don't mind my um owner is pretty yeah i mean for you for your purposes i
would suggest that you try to make something like a three five year lease right well three years
something like that okay all right um planning commission uh ron bednar city planning uh the
property is indicated for residential use on the city plan we recommend that a temporary use variance
be permitted thank you so uh miss mccanson i'm going to go over again what was the uh monday
and tuesdays closed mondays and tuesdays closed wednesday through saturday from 9 a .m to 6 p .m
sunday 9 a .m to 3 p .m okay thank you thank you all right i think i got it right mi 2021
that's zero zero i'm sorry is there anybody else who wanted to testify i apologize
guys you asked you we're good all right mi 2021 -000362199 west shampoels my vote is yes
with the following proviso used to be limited to bakery purposes days of operation monday and
Tuesday is closed, days of operation Wednesday through Saturday, 9 a .m. to 6 p .m., Sunday, 9 a .m. to 3 p .m., with a three -year temporary variance, to expire June 1st, 2024.
My vote is yes with proviso.
Yes with proviso.
Yes with proviso.
I think that's it. Oh, we're all finished, right?
Yes. We are finished as far as the list is concerned,
but may I make a request that we check to make sure everything that was
supposed to go forward today has been.
We leave anybody out. Is that what you're asking?
Yes, chair.
Did we forget anyone? Any, any applicant, I should say.
Anyone else?
I do not see anyone, Mr. Chair.
Very good. We appreciate that.
Thank you. And again, thanks to everybody,
especially those folks behind the scenes
to make this all happen.
Have a good week. Stay safe.
Thank you.