The Painted Bride is closed.
is closed.
It's not operating the theater there now, but you couldn't operate the theater there.
Did you say 144 parking spaces?
No, no. 12 car parking spaces and 44 bicycle spaces.
12 spaces?
12 spaces. And we have car share spaces, so we get the bonus for them.
so we do not get a variance
for parking spaces
we meet the required parking spaces
as I'm sure the chair knows
in the last few years
they've opened up underneath the Benjamin Franklin Bridge
so it has made parking
much more accessible
in this part of Old City
because there is a whole bunch more parking now
available to the neighbors
these are the
on the second floor
On the second floor are the visitor accommodation spaces, and they're, again, just basically
10 short-term rental units. They have balconies at the second floor level. Again, Nshimi can
explain them a little bit better.
Then you have the third through six floors. They each have 14 units, I can't remember, 10 or 12 units.
I can't remember exactly how many units. And then on the top floor, there's six less units.
I'll have Shimmy explain that to you as we go along.
The property is zoned CMX3, which the zoning code states is Community Commercial Mixed
Use Zoning District.
The CMX3 zoning class is, according to the zoning code, meant to accommodate active commercial
and mixed use development, including community and region serving retail and service uses.
This proposal meets these goals. It brings density to the community and provides a
reasonable commercial space to serve the community. It's a type of development that's specifically
provided for in the CMX3 zoning class. Now, with respect to the mosaic, Philadelphia's
Magic Gardens have been the caretaker of Isaiah's Garden Mosaics for the past 12 years.
They have the experience and expertise to maintain and make necessary repairs to this mosaic,
which has been a concern that was expressed at the RCO meeting.
There was concern about some other projects in the area that had problems
where they promised to preserve facades and stuff, and those promises did not happen.
We have contracted with the Magic Gardens in order.
They are the experts on this.
That's why we contracted with them.
They will maintain.
They will come in.
They've already done assessments.
They will do a further assessment of the experience and expertise to maintain and make the necessary repairs.
They have a staff of people, so they don't have to go out and hire people to do the repairs.
Magic Gardens conducted a condition assessment report of the Mosaic and prepared a repair plan in February 2020.
A copy of that plan is included in the materials at Exhibit 6.
The repair plan is included at Exhibit 7.
Room Investments has entered into an agreement with the Magic Gardens regarding the preservation
of the mosaic post-construction.
That's attached to Exhibit 13.
Room at Magic Gardens will perform an assessment of the mosaic prior to any construction,
and pre-construction repairs will be completed to preserve the mosaic.
Magic Gardens has agreed to an initial $50,000 in escrow to guarantee all repairs necessary
to stabilize the mosaic prior to construction.
Again, that was a concern raised at the RCO meeting that there wouldn't be any money here
to do the repairs. Magic Gardens also agrees to maintain a fund of at least $25,000 for ongoing
maintenance, repairs, and replacements once construction is completed. Emily Smith, the
Executive Director of the Magic Gardens, will speak about their experience and the agreement
to be entered into and how they have the staffing and a capability to maintain and update and upkeep
the mosaic. If the proposal is denied, there's a possible alternative of a 16-unit multifamily
development with 16 spaces and 16 units and 16 parking spaces. The alternative is permitted by
the zoning code, but certainly doesn't meet the spirit of the type of development that the code
calls for in the CMX3 zoning district, as this proposal is relatively low density and does not
contain any commercial space. One big concern from area residents that was expressed at the RCO
One big concern from area residents that was expressed at the RCO meeting is that if this
meeting is that if
variance is granted, it will set a precedent for open floodgates for other height variance
requests in this CMX3 zoning class.
There are two recent large-scale developments that show that this fear is unfounded.
244 to 58 North 2nd is the 13,400 square foot lot, approximately the same size as this
property.
There's a developer who just obtained an over-the-counter permit to put 11 townhouses in a by-right project.
This site was specifically mentioned at the RCO meeting as a site that, hey, somebody's going to come in.
If we get a height variance, if they're going to get a height variance and want one for that site at 244 to 58 north second.
That's not happened.
That's a very large site, same size as this, and the developer has decided that the highest and best use is an 11 townhouse project developed by right.
And that's despite our pending application.
The developer decided not to seek any variances.
The same happened at 214 Vine Street, where a recent permit was granted for a six-story structure with 29 units in compliance with height.
In fact, today you heard 213 to 15 New Street right down the street as well.
And again, there were no height variances requested there.
But two of the largest development sites close to the property are being developed in conformity with height requirements.
So the concern that we would open some floodgates somehow to a whole bunch of other people seeking height variance is just belied by what's happening in the community.
Here, though, we believe that this property did not have the iconic cigar mosaic.
It would be developed in conforming with the requirement for the zoning code, because it would.
But it has a special and unique circumstance to it.
It's got an unnecessary hardship.
it's got an iconic mosaic. The only way that this mosaic can be preserved is to grant the
requested variances. And that's the only way that this will happen. And you shouldn't have to tear
down something, as in demolish this, because, hey, you can build something there. They shouldn't have
to demolish the existing structure, because you arguably can, because you should be able to build
around what you have, and you accept the property with the hardships that it has, and this property
has the hardship and the benefit of this cigar mosaic. We believe we will show that the requirements
to be entitled to a variance will be met, that the denial of the variance would result in an
unnecessary hardship. The variance is the minimum necessary to permit the development of the
property. We've already reduced it in scope and number of units in response to concerns from the
community. The preserving the mosaic will cost in excess of a million dollars and will add
significant time to the development. The variances, if granted, would be in harmony
with the purpose and spirit of the zoning code, allowing a mixed-use, multi-family development,
and preserving the exterior mosaic at the ground floor level. The granting of the variances will
benefit public health by allowing the preserving of the mosaic on the exterior of the building,
a throwback to the beginning of residential development in old city the variances if granted
would not adversely affect and we're going to show will not adversely affect the surrounding
properties but will benefit them by adding residents and bringing on a nice new commercial
space in the area the granting of the variances will not cause congestion we have permitted number
of units and meet the parking requirements the granting of the variances will not adversely
affect their overburdened public facilities. The granting of the variances will not conflict with
the master plan of the area, which calls for mixed-use development. As will be shown, the
granting of the variances are due solely, again, to the unique physical conditions of this property,
the cigar mosaic, that make it impossible to develop the property and conform to the height
and other dimensional variances if the mosaic is to be preserved. Again, the cost of compliance
justifies granting of these variances.
With that background, if the board would let me,
I would like to call on Jimmy Zakin as my first witness.
I have a question.
I think you refer to it as the guest housing.
I asked the question, what was that?
And how many units is that?
There's 64 apartment units and 10 visitor accommodations or short-term rentals.
What are the ceiling heights in these units? Do you know?
You'd have to ask Mr. Zakin, my next witness.
Can you tell us? I'd like to know.
The ceiling heights of the residential units.
Does he have his hand up?
I ask that he be promoted.
I ask that he be promoted. Shimmy Zakin. Shimson Zakin. Atrium Design Group and White Beyonder.
Shimi Zakin?
Mr. Zakin has been promoted. Good evening, sir. Please identify yourself
with the record. Spell your first and last name and then I'll swear you in.
good evening everyone my name is shimmy zakin and i am um the principal of atrium design group
the architectural affairs please spell your first and last name sure um shimi s-h-i-m-i
zakin z-a-k-i-n do you swear we're firm to tell the truth the whole truth and nothing but the
truth yes i do thank you i had a question i think mr manianos that you might be able to answer
the ceiling height of the residential component of the building
so it's uh just below nine feet and that's that's below nine feet that is correct
that's all the units would be roughly nine foot roughly and that's before we accounted for any
utilities that work so by the time you uh include those we're going to be a chai
i would say eight foot eight foot two all right excuse me excuse me excuse me are you saying eight
feet ceiling height and then a foot for construction what i'm saying is that
floor to ceiling plywood to joist we accounting for nine foot and that's before we accounting
for any ductwork and mechanicals that will require a drop ceilings and that in these
areas where drop ceilings occur there will be ceiling heights of eight foot
uh so so floor to floor height is what floor to floor height is depends on the height of
the we didn't do the engineering here but if the tji's which is the structural element will be uh
of uh 11 7 8 12 inches the ceiling high the floor to floor will be 10 foot if those will be uh 16
footers a 16 inch height the ceiling height will will reduce from nine foot to eight foot
eight but the floor to four floor will be uh still at uh ten foot ten six so
now you're not clear to me i'm not understanding how do you get to the 85 feet
so you gotta know what your ceiling heights are no no no i wish that that was the case
Well, we got that from solely the first floor and the second floor of the existing building.
The first floor of the existing building has a proposed commercial space, as you can see.
I don't know if you can see my pointer, but.
Yes, I can see your pointer.
You can see my pointer.
okay so this area right here is the commercial space and the other side the existing slab is
higher than uh buying street so we have um a ceiling height i can't the resolution is very
bad and i don't have my own screen because i'm looking at that screen so uh i can ask for my
associate to 14.5 at commercial height okay and that's before the steel beams okay so we have
we have a huge amount of steel beams and large beams in order to support the building i need to
create two platforms that are steel and concrete assembly in order to uh to build on top of them
a five-story stick framing addition.
We have beams that we, at that point,
calculated about 28, 24 inches height.
And therefore, they will take,
we are accommodating,
we are counting for 14-foot ceiling height
for the commercial space,
the lobby and the apartment lobby,
and 12-foot for the parking.
and that's before we drop the ceilings to hide those structural beams. We don't have all the
engineering done, but we definitely not trying to achieve ceiling heights that are not in line with
what you see in any other development of apartment building. We're not trying to achieve 10 foot or
11 foot ceilings in any way which i see nine foot two that is finished floor to ceiling
floor to ceiling no that's not finished that normally in the way for zoning we we we put
no that's not finished that normally in the way for zoning
plywood to bottom of joist um so obviously there will be sheetrock and how good floors
but most importantly and i forgot to mention that and now that i see the section in front of me more
clearly i can say you you you see the existing walls of the uh existing building these walls
has a very high and it's pretty high wall in order to allow for enough light and air to travel
into the second floor windows that are set back about eight foot from those walls. And in order
to achieve the floating, massing image that we are after, and I wish we can move to another
image where we can see the illustration, it will help a lot to understand the architectural concept
behind the proposed project. We basically set back the second floor in a way that we
recreating an illusion of a mass thing that is floating and not touching the painted bride,
the skin of the bride mural. And by that, we see it as respecting and give place for
that mural we're trying to preserve. At the same time, we're creating a very unique space
that is an outdoor space for those units on the second floor and by that allowing for light and
air to get into these units. I believe that we have a very unique resolution for this very
difficult condition of how to preserve a building that has a very different shape. It's not just a
clear rectangular uh warehouse we used to see um it has sections we have to move to another
further i'm sorry i don't have a i don't have a good i need to go to the one excuse me excuse me
excuse me sir go back to that wall section go back to the building section i understand
go back to the building section that you had i understand i would like to go to one of the
illustrations if you allow. Mr. Holloman has a question for you that's why he wants to go back.
There we go. All right now go to the floor lines and tell me the dimensions that are on the floor
lines. You see the floor lines? The floor lines? What do you mean? Floor levels. See the bubbles?
The bubbles that has the floor levels? These guys right here. Only over some more. Yeah now what's the