because if you see the dormer on here again it's 50 feet high well in excess of what is presently
legal i mean that's it's legal the only reason that's legal because it preceded uh the code
when it was built um so oh again just asking to to be in compliance uh with the rest and balance
of the neighborhood the four-story properties right down the block the four-story unit of
the trestle in at the end of the block we're not going over their height
and just disregard the the three individuals who didn't like our presentation because our
architect was ill the evening of the second presentation couldn't answer there we don't
we don't know that that that's what happened well you can read the letter i mean the letter
indicates that they didn't like our uh that that's actually stated within their within their
letter that that we were unable to answer some of their questions but again none of their questions
relate to um the reasons for the refusal and i just asked that you go with the majority i mean
overwhelming majority here and what is is not an outlet i mean there are again there are hardships
here the hardship being that you're going to have to deconstruct this property cut into the third
floor set it back eight feet you're going to have to reconstruct the entire first floor to make it
into an industrial because again this is an uh an industrial residential mixed property what
industry is going to be able to be placed in that in that small location there's no industry
it's not even it's not listed as commercial mixed this is industrial so we're not going back to
this is industrial so we're not going back to woodmills we're not going back to to soap farms
wood mill.
or soap uh dispensaries or any of that sort what you're going to do is you're going to change
the complexion of this neighborhood by preventing them from completing what the rest of this
neighborhood looks like which is i mean you have art art studios etc but art studio is not an
industrial use. These properties are both listed as industrial residential mix. All I'm asking is
to come down in zoning to make it completely residential, go up four stories. Their request
for the height variance is not significant. It is a, I'm trying to remember the actual zoning
language. It's the minimal change in the variance that we're asking for. It's such a minor change
to go. As a matter of fact, they're coming down in height in order to get to that 44 and a half
foot total length, total height, I'm sorry. Well, let me ask this. Is there anyone here
who wishes to testify. Is there anyone here from the RCOs?
And if so, can you raise your hand?
Madam Chair, we have a calling user with the phone number ending in 0224. I can allow them
to speak. Okay, thank you. You're welcome. Please unmute yourself and please wait for the chair.
hello hello can you put your name and address on the record please and spell your last name
uh yes i actually tried doing unmuting unmuting before my name is chris hamill i'm the architect
uh i'm with i represent deborah deborah v anderson's office at 13 ohio trail
uh in medford new jersey
do you swear to tell the whole truth and nothing but the truth
uh yes ma'am you may proceed no i i was just when they had asked for uh me to step in previously
uh they had also uh david uh david or jim one of the two stepped in and i tried to like talk at
the time but they already had talked for me so i saw i was trying to get in earlier so if there's
any questions someone wants to ask i have no problem answering it for you he's our architect
we don't have any additional
questions
I mean I don't as far as the presentation
if the members of the
board have any additional
questions but I think that they were
adequately replied
to by Mr. Chang
is there anyone here from
the Callahoe Neighbors Association
I see no hands Madam Chair
May I perform one last task, which is to ask both of my clients if they were to testify, if they heard my lengthy presentation, if that would be their testimony?
Sure may.
And if we can unmute David Chang and Jimmy Chang, and I can ask that question.
Did you hear my question, Mr. Chang?
David?
Mr. Chang, you have to unmute yourself.
David, are you able to hear us?
I have Jimmy Chang in my office.
I don't know whether he's muted, but I can actually bring him behind me, if you would like, because it doesn't sound like, and it's Chen Tuan Chang is Jimmy Chang.
I'm sorry.
Mr. Calavita, in the interest of time, as an officer of the court, we could agree and stipulate that.
Thank you.
You would agree with testimony.
Thank you.
Thank you. With that, I would just move all of the documents presented as part of it and make it part of the record.
Thank you. Does the board have any other questions?
Planning Commission?
Thank you, Madam Chair. Ian Hegarty for the Philadelphia City Planning Commission.
Excuse my dog.
Excuse my dog. Madam Chair, members of the Board, in 2015 the zoning map was amended to IRMX here
Madam Chair, members of the board
in 2015
in accord with recommendations from a community remapping process. We feel that the configuration
of the existing buildings does present a hardship for strict adherence to the use requirements of
IRMX, specifically the requirement for non-residential use on the ground floor.
However, the dimensional requirements, we don't feel impose a financial burden on the applicant, which is the measure for dimensional variances.
The IRMX district requires an eight-foot setback of the fourth story on narrow streets, such as Carlton Street.
The example properties shown by the applicant are not on narrow streets,
and we just don't feel if applicants demonstrated a hardship that compels them to increase the
existing non-conformity of the setback from Carleton Street. The code does not require
the applicant to cut into the existing building which is a legal pre-code non-conformity
and so accordingly the Planning Commission would recommend that the board grant the use variances
for 327 and 329 North 11th Street but deny the dimensional variance for building height and
setback at 327 north 11th street just a single comment on that uh wood street with the three
um 11 13 15 and 17 is actually a a smaller street uh as well as the the other properties
on wood street that is it it's not not smaller than carlton street uh but it's definitely
a small street. It's not a thoroughfare where you're, it's not a two-way street. You don't
have parking on both sides of the street. It actually is a small street. So it's the only
disagreement with Mr. Haggerty's comments. Okay, calendar number 3250-327 North 11th Street
and calendar number 1432, 329 North 11th Street.
My vote is yes to the variances on both
and no to the dimensional variances.
My vote is yes with provisos on both.
My vote is yes with provisos on both.
My vote is yes.
Thank you.
Thank you. May I be excused?
You sure may be.
Thank you.
Calendar number 0452-3645 Emerald Street.
Madam Chair, Mr. Furlong has been promoted to panelists. He may unmute himself and please wait for the chair.
Hi, Mr. Furlong. Can you put your name and address on the record and please spell your last name?
Hi, good morning. My name is Ryan Furlong, F-U-R-L-O-N-G. My partner, Joshua Horvitz, is also on the call.
He'll be presenting. I ask that he also be promoted.
Okay. Tanya?
He's been promoted, Madam Chair.
okay sir can you hear me yes ma'am can you put your name and address on the record please and
spell your last name yes my name is joshua horvitz of the law firm fineman krexstein and harris
the last name is spelled h-o-r-v as in victor i you granted the use for the multi-family but
not the dimensional variances? Basically, yes. Do you swear or affirm to tell the whole truth
and nothing but the truth? Yes. Okay. You may proceed, Mr. Furlong, but wait one second. Do you
also agree to waive the reading of the refusal and stipulate to its accuracy? Yes. Have you emailed
the exhibit packet with the required documents consisting of 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? Yes, ma'am. Okay, which one of you are,
Mr. Furlong, aren't you presenting? You're the attorney, correct? I, my name might have been on
the appeal, Madam Chair, but my partner, Joshua Horvitz, will be the one presenting.
Okay, great. You may proceed.
Thank you, Madam Vice Chairwoman and what members of the board. We were actually here
um we were actually here two years ago for the same exact application as we are today
two years ago for the same exact application as we are today.
and due to an administrative error we're back um it's been a long road back two years to get back
here um we did board approve this exact application um but when my client went to pick up the permit
from lni the permit said a mistake uh on one building so building one here which is um 10
storage spaces it was listed as eight parking spaces on the permit not on the plans excuse me
can you share your screen sure so mr furlong is going to share his screen and i'll be happy to
show you um the documentation that i'm speaking about okay going back and forth thanks
Is that the controls on the bottom of the screen?
Can you see my screen now?
Yes, we can.
All right.
So, let me try to see his screen here.
So Ryan, if you can go to, we'll go to by page number, page number 80.
This was a grant of a variance.
So this was the grant of the variance, well, this one it looks like it's from 2009.
It looks like it was the wrong document. We'll go to page number 82. So page number 82 has a zoning permit that my – wow, this doesn't look like to be the right document either.
What are you looking to do? A three-family dwelling in an existing structure?
So there's three uses here. And my client's also online. There are three uses. It's a CMX2 property. And they've all been approved. There's a single family home. And then in the back, there's these other uses, similar to other properties along the same block.
and there's a warehouse use and then there's the storage uses and they're all within the same
legal address and we went to the RCO in 2019 so Ryan if you can go to page 60 there's the plans
that we initially submitted these were the mistake plans that caused this issue they have eight
parking spaces that were drawn submitted to LNI in 2019 and then if you go to page 62 we corrected
the plans and um these are the same plans we're presenting here today um the board granted the
variance calendar number 36788 for this exact thing we're asking today with this exact set of
plans um when we went back to pick up the zoning permit it's number 946399 i can pull it out from
my file here but it looks like we got the wrong one in the packet um that that zoning permit um
And it was issued, and it said the wrong thing.
It said the eight parking spaces instead of the 10 storage.
Okay, have you met with the RCO?
Yes, we did.
And they voted with proviso to support or not oppose the project.
And we also have a letter from Councilman Squilla.
It didn't make our packet on Friday, but we submitted it on Monday.
And he also not in opposition.
Nobody at the RCO, sorry.
We have that.
Is there anybody in the virtual audience
who would like to testify on this case?
I see no hands, Madam Chair.
Does the board have any questions?
Planning Commission?
Thank you, Madam Chair.
In 2017, the zoning map was amended
from CMX 2 to RSA 5 at this location in accord with the recommendations from the comprehensive
plan. However, the applicant's property, as you can see, is unusually deep, and this is an expansion
of a legal non-conforming use, and it's similar to conforming and non-conforming uses on nearby
properties, and so the Planning Commission would recommend that the Board grant the variance.
Thank you. Calendar number 0452, 3645 Emerald Street. My vote is yes.
my vote is yes
my vote is yes
okay so that ends your long saga thank you so much through this process
okay so that ends your long saga
sure calendar number zero four five six six eighteen north 40th street the attorney is henry clinton
mr clinton has been promoted to panelists please unmute yourself and please wait for the chair
Hi, Mr. Clinton. Can you put your name and address on the record and spell your last name?
Sure. Henry Clinton, C-L-I-N-T-O-N, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you agree to weigh the reading of the refusal and stipulate to its accuracy?
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, to all of the above.
Okay, you may proceed. And I also see that we have a letter from Belmont Alliance Civic Association in support. You may proceed.
Correct, thank you. Can I share my screen?
Sure, we'd love to say it.
Start at the beginning.
This is my evidence binder. This is the table of contents. I'll walk through each of the documents
as necessary or as the board feels is warranted. The parent statement, this is a refusal. This
property which has been residential since the day it was built is in the cmx2 zoning designation
district i believe because the zoning was changed in that area even though this has been a residential
property for many many moons the rejections concern in the cmx2 district you need commercial
along the first 30 feet of the building on the first floor and then there's an issue with regard