Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
are we ready yes chair we have 41 attendees
Are we ready?
good morning everyone my name is bill bergman and i will be chairing this morning's meeting
of the zoning board of adjustment with me is our vice chair senator graham president mr chairman
board secretary cheryl l gaston that's it board members okay board members michael johns
present mr chairman i win mr chairman ryan mcadams present mr chairman also here is our
attorney hillary emerson this hearing is being recorded and will be posted on the zba website
by participating you consent to be recorded this is in-person meeting with uh remote participation
whether in person or on the zoom if you're called to speak please state and spell your name
and wait to be sworn in after that each time you testify please state your name
to enter an appearance
place the address on your zoom webinar speak with the staff member
call the zba office by the close of business tomorrow call 686-2429
and provide your name, email, and the case address.
Remote participation.
Raise your virtual hand when directed to speak.
When we call on you,
ensure that you click on the Join as a Panelist button.
Use the Q&A only for procedural questions,
not for anything about the case.
If you are joining by phone,
press star 9 to raise your hand and star 6 to unmute.
in-person participation if testifying get close to the mic so that all present and court stenographer
can hear you no talking eating or drinking during the hearings aggressive behavior will not be
tolerated in in a emergency follow staff instructions the main exit is the double
doors at the rear the stairwell is to the left if we um evacuate please go to love park which is
across arch arch street remain there until so that we can account for you so let's look at our
schedule for today number one mi2025 001 245 1440 hellerman street um no exhibits this is a second
listing uh idol valentine is the listed owner applicant good morning chair this is doreen and
i will be co-hosting this morning sessions i don't see any hands up so mi 2025 001 245 1440 hellerman
street i vote to dismiss michael johns my vote is to dismiss carol gaston my vote is to dismiss
tanetta graham my vote is to dismiss ryan mcadams my vote is to dismiss i win my vote is to dismiss
Yes. Number two, MI-2025-001-281-9418 Frankfurt Avenue. Marianne Volkstock is the listed owner.
Abdul-Fadal is the DBA on the project. So the owner is Marianne Volkstock. This is the third
listing no exhibits I have a hand up by a person named Christine letter last name
beginning with the letter C I will allow them to speak sure
Hello, how are you?
Good morning.
Could you please state your name and spell for the stenographer?
My name is Christine Cerquitelli, C-H-R-I-S-T-I-N-E. Last name Cerquitelli, C-E-R-Q-U-E-T-E-L-L-I.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Are you involved in this Frankfurt Avenue?
I am not. I am coming in as a protestant for this.
Okay, just stand by a minute.
Do we see the owner?
no i don't see anyone with that name chair so this is the third list and so mi 2025 001 28
so this is the third list and so mi2025-001-281-9418 frankfort avenue i vote to dismiss
michael johns my vote is to dismiss carol gaston my vote is to dismiss tennetta graham my vote is
to dismiss ryan mcadams my vote is to dismiss hi i win my vote is to dismiss uh christine you have
any comments um could you just explain what dismiss means uh the case is done which means
there's it's not being uh agreed to um this is not it's not been approved and it's just it's
dismissed okay okay great thank you so much for you sure okay
uh number three mi 2023 001 309 1014 fansworth street um frank
turner is the attorney um no exhibits third listing
is i believe that's fanshaw street
fan star street fanshaw yeah
right turner has been promoted
Yes, he was in the audience.
I'm trying to see.
I think he dropped out.
I'm here.
Mr. Turner, could you please state your name as Bell for this stenographer?
That's Frank Turner, F-R-A-N-K, T-U-R-N-E-R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Would you please give us your update on Fanshawe Street?
Fanshawe Street is a, well, we were hoping to do a continuance, a short continuance to the next listing because the applicant is unavailable this morning.
okay so remember this is the third listing we still have no uh exhibits oh i understand i can
i can pour those over before the uh before the next hearing okay um okay so i want to continue
this but this is the last time okay i understand all right so mi 2025 001 309 1014 fanshaw street
I continue, this is continued to 1-6-27 at 9.30 a.m.
Thank you.
You're right.
Pardon me?
It must be heard.
You know, I think I made that clear.
I understand.
Thank you.
Number four, MI-2025-001-318-6247-49 Dix Avenue.
Joseph Coletta is the owner applicant.
No exhibits, third listing.
No one with that name.
chair thank you number four mi 2025 001 318 6247 to 49 dix avenue i vote to dismiss michael johns
my vote is to dismiss carol gaston my vote is to dismiss tenetta graham my vote is to dismiss
I'm McAdams.
My vote is to dismiss.
Ty Wynn, my vote is to dismiss.
Thank you.
Number six, MI 2025-006-108-4562-64 Wayne Avenue.
We have a Spanish interpreter for this case.
this Spanish interpreter has been promoted thank you so this is the one we have information that is
okay okay all right right sure
good morning my name is Stephen Aubain AUBAIN my interpret ID is YM288
uh steven um do you swear or affirm um to uh affirm that you will instruct accurately completely
and impartially from english to spanish and from um spanish to english yes i do thank you uh could
and from um spanish to english yes i do thank you uh could you please call for us the uh
uh the owners of this property um han gi and yanni kim and and also the applicant who i
believe is the one who requested the interpreter is delvis is delvis or delvis tavarez delos tavara
angie yanning kim y delvis tavares y se pueden unir a la llamada si pueden levantar la mano para
entrar a la conferencia y los repito del vista bar si puede levantar la mano para poder entrar a la
audiencia. Is there anyone in the audience? No, no one raised a hand. Okay. So for this case,
MI 2025 006. Oh, excuse me, chair. A hand is up now. Okay. And that's a wise. That wasn't one of
the people you asked for okay so all right so mi 20 26 0 0 6 1 0 8 45 62 the 64 wayne avenue
i vote to dismiss michael johnson state that así que mi 20 26 0 0 6 1 0 8 4 5 6 2 al 6 4 win
avenue voto para retirar michael johns my vote is to dismiss michael johns voto para retirar
cheryl gaston my vote is to dismiss cheryl gaston voto para retirar
tennetta graham my vote is to dismiss tennetta graham boto para retirar ryan mcadams my vote
is to dismiss ryan mcadams voto para retirar taiwan my vote is to dismiss taiwan and voto
thank you very much interpreter yeah um i believe that there's another hearing um that requires
spanish interpretation yes well once we finish going through the yeah we have yeah it'll be
the first case that we call okay we'll be back to you right thank you okay number eight mi2025
006 294 1319 west allegheny avenue this case is continued to 1627 at 9 30
Okay, number nine, MI 2026, 000859-5222 Germantown Avenue.
This case is continued until 1-6-27 at 9-30.
Right with you.
Number 13.
MI 2026-001-081-6221 Ray Street. This case is continued until 1-6-27 at 9.30.
number 16
number 16
MI 2026
5019 North 9th Street
this case is continued
until 923
at 930 a.m.
Number 17, MI 2026-001-567-10610 Evans Street, Van Aniston, Vern Anastasio is the attorney, we have no exhibits, first listing.
Also, Clinton Wax is the complainant.
Vern Anastagio is coming in as a panelist.
Good morning, Mr. Chair.
Morning, counsel. Could you please state your name? It's valid for the stenographer.
Morning, counsel.
Could you please state your name?
It's Velvra's sonographer.
Yes, sir. Bern Anastasio, A-N-A-S-T-A-S-I-O. On behalf of Mr. Soleig, Matt Joff.
Could you please give us an update on this case? This is the first listing.
Yeah, we just met with the RCO. There were some concerns. We're tweaking it. We may or may not go back to them, but we're just not prepared to present it today. So I do respectfully request a continuance while we work on some issues.
Thank you. So MI 2026-001-567-10610, Evan Street. This case is continuing to 1627 at 930. Mark must be heard. Thank you, counsel.
Thank you so much.
And then number 18, MI 2026-003-572-3601, Haverford Avenue. This case has been withdrawn.
Thank you.
Thank you.
Are there any other requests for continuances?
There are no hands, Chair.
We're going to go to our add-on cases, right?
MI 2025-007-690-3301, Grand Sac Street.
um this case the vote on this has been continued until 9 16 26 at 9 30 a.m
Number two, MI 2024-004-244-5300-202, Haverford Avenue, this case is continued until 2 p.m. this afternoon.
Number three, MI 2024-007-291-4005 Brown Street.
The vote on this has been moved until 8-12-26 at 9.30 a.m.
number four mi 2026 000 722 50 36 ogden street i vote yes to a temporary special exception
that will expire, 8-6-31.
Michael Johns, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Tywin, my vote is yes with proviso.
number five mi2026 000727 2913 judson street um i vote yes with proviso front porch approved only
michael johns my vote is yes with proviso tenetta graham my vote is yes with proviso ryan mcadams
my vote is yes with proviso hi i win my vote is yes with proviso okay we're going to go to our
regular list number seven mi 2025 006 127 50 11 d street um joseph acaro is the attorney
Joseph Vaccaro is the attorney, and also there is a Spanish interpreter.
and also there is a spanish interpreter
And hello, my name is Stephen, and I'm the Spanish interpreter.
Stephen, you've been sworn, as you know.
Let's wait for Mr. Vaccaro to come on.
He's rejoining now.
i'm sorry can you hear me i can't hear you can you hear me now joe now i can hear you good morning
all right good uh sir could you please state your name and spell it for the stenographer
gladly my name is joseph vaccaro v-a-c-c-a-r-o on behalf of the applicant right do you swear or
affirm to tell the truth the whole truth and nothing but the truth yes i do so mr vaccaro
you we we also have a spanish interpreter okay thank you very much um what's the best way for
us to to use the interpreter for you um uh my client uh jennifer de la nueces the jennifer
garcia the uh principal of the corporation she's sitting right next to me so what works best for
the interpreter oh good all right so um all right so first thing we want to do uh is let our our
our vice chair have a few words with you okay and we can interpret that at the end okay thank you
good morning have you submitted your documents and exhibits uh five days in advance of this hearing
yes i did and they were supplemented and augmented uh yesterday and today okay and do you waive the
reading of the refusal and stipulate to its accuracy yes i do all right thank you you can
your screen to proceed with your case so joe why don't we do this why don't uh why don't you call
your client a one for us and i'm going to um um have the interpreter you know give her the oath
okay okay fair enough um an interpreter quiere darte el auguramento okay okay please state her
name and spelled for the stenographer okay si no puede dar su nombre y deletriado para el reporter
jennifer garcia jennifer garcia g-e-n-n-i-f-e-r garcia g-e-n-n-i-f-e-r-c-i-a
jure y afirma decir la verdad toda la verdad nada más que la verdad
yes all right mr vicario could you start your presentation
and then i could go slow but then during my pauses if the interpreter could please
for what i said for absolutely okay so jennifer is the principal of jg cosmetics the listed owner
of this property and this is an application to permit two units on the property así que jennifer
She is the principal of JG Cosmetics and she is the owner of the property and in the
solicitude, she is asking permission for two units in the property.
When the property was purchased on December 12th of 2023, it already had the two units.
When the property was purchased on December 12th of 2023, it already had the two units.
And if I could start sharing my screen, we could go to the corrected plans.
In the initial set of plans, it was misidentified as C Street, and then I supplemented it and corrected it with the corrected plans.
It said D Street.
So the basement is not being used strictly for storage.
on the first floor the the applicant is seeking to legalize a smaller unit in the rear which is
highlighted in pink or red and then the larger unit is on the first floor the front half of the
first floor and the full second floor así que aquí están los planos corregidos este fueron
mal identificado como C-street y yo suplementé para que lo corrigieran en los planos como D-street.
Así que aquí está el sótano, no está siendo utilizado, es solamente para almacén.
El primer piso, la aplicante está buscando legalizar una unidad más pequeña en la parte de atrás.
This is in red or red here, and then the biggest unit that is in the first floor is in the bottom.
The entrance to the larger unit would be on the front, where D Street is, and that's where my cursor is hovering over that staircase and that entrance.
Así que la entrada de la unidad más grande sería aquí en la parte del frente, donde está ubicada la Death Street, y a donde estoy apuntando ahora mismo, que es las escaleras.
Y esa unidad es aproximadamente 910 pies cuadrados.
unit that entrance would be in the rear alley
y ahora estoy señalando la entrada de la unidad más pequeña y eso estaría en la
parte de atrás de entrada y esa unidad aproximadamente 366 pies cuadrados
The approximate rent of the larger unit is 1200 feet and the approximate rent for the smaller unit is 700 square feet.
So the approximate rent of the larger unit is 1200 feet and the approximate rent of the smaller unit is 700 feet.
If I could show you some photographs.
Yeah, thank you, Joe.
Okay, so.
Something's off there.
We got to, we got to re-center something.
We will fix that shortly.
Do you see a letter?
we see a letter but it's kind of we we needed to be enlarged okay i i was going to show you
the photos first so sure that's good smaller i could show you the photos first and then we'll
and then we'll get to the letters okay uh so here's a photo of the front of the building
with its posting with its poster
Here is a photo of the rear of the building, with the entrance, to the basement, my cursor is over the entrance to the basement,
And here is the entrance to the smaller unit in the back.
And here is where the trash is being stored.
And again, that entrance would be from the rear alley.
Y esa entrada es del callejón de atrás.
Así que aquí está la vista, una de las direcciones del callejón.
Muchos de los residentes se estacionan en la parte de atrás de este callejón.
one of the neighbors, the rear entry to their property, here's another view of another
Another image from the back of the house of the neighbors.
interpreter, interpret, and then I have another set of properties.
At 4952 D Street, that was approved for multifamily, although I'm not sure how many units.
At 512 East Roosevelt that was approved for two units.
At 512 East Roosevelt, that was approved for two units.
La 512 East Roosevelt fue aprobada para dos unidades.
And at 514 East Roosevelt that was for six units.
Y la 514 East Roosevelt fue aprobada para seis unidades.
And I have those listings which I'm showing you.
You do?
Go ahead.
Y tengo eso listado que le estoy enseñando.
further up my client has been able to obtain some individual letters of support from some specific
near neighbors especially the immediate neighbors I could show you those y ahora estoy demostrando
cartas de apoyo de los vecinos alrededor, vecinos específicos.
From T. Anderson at 5015, D Street, en calle D, then we have Edwin Budalife, B-O-L-U,
W-A-T-I-F-E
At 5011 D Street
501 D Street
Emily Yelena at 5009 D Street
Emily Yelena, 5009-Destrick.
Joe, ¿cuántas letras tienes?
Eso fue tres.
Un total de cuatro letras en addition
a la letra del RCO.
Muchas gracias.
Sí, que son cuatro cartas y esta es también la carta del RCO.
Ok, puedo parar de compartir eso
y luego puedo simplemente scrollar a través de los otros
exhibits, oh sorry, and again I'm showing the uh, I'm going to focus on some interior photos of the
property in addition to the deed the tax clearance certificate the letter of
support from the RCO proof of mailing and we have here we go some interior
photos of the property so we have a bedroom 4
así que ahora me voy a enfocar en las diferentes evidencias para esta
propiedad vamos a enfocarnos en las fotos interiores este de la propiedad en la
escritura de la propiedad los certificados de impuestos las cartas de
apoyo del rco y la evidencia de correo postal aquí están las fotos interiores
empezando con el cuarto número 4
tenemos la segunda cocina
Y tenemos la sala, tenemos el baño, aquí está el otro cuarto, aquí está el cuarto primordial,
Here's another bedroom, here's the other kitchen, and to the right right is the staircase.
I'll show you that photo shortly.
Y le voy a enseñar esa foto. Aquí está otro cuarto. Y ahí está en la escalera. Y yendo para el segundo piso.
I've shown I've shown the board are our exhibits are there any questions of the board si que le
he enseñado a la junta la evidencia si hay alguna pregunta de la junta
why don't we have the interpreter have your testimony adopted okay my clients
coming to the computer one book but I beg the boards indulgence up here she is okay
who's there and would you like
Would you like me to ask her if she accepts the testimony from the attorney?
Okay, I'm going to ask that in English, so we have a clear record.
Ms. Garcia, have you heard my presentation?
Señora Garcia, usted ha escuchado la presentación.
And you saw it and you agree with it?
Y usted lo vio, usted está de acuerdo con la presentación.
yes and you have any corrections or other additions to my testimony tiene alguna
corrección o alguna adicción para este testimonio everything's fine and would you
adopt it as your own if you were testifying y usted adoptaría este testimonio como el
propio su propio este si estuviera testificando yes any questions of the board questions from the
Yes, I have one question about access to the basement. In the plans that you showed, it looked like the access to the basement was in the smaller unit, but the stairwell cuts into the new unit you've created on the first and the second floor. What is happening with the stairwell that was coming from inside to the basement?
The only access to the basement is from the back alley.
and i could show you that those photos again you showed the you showed the back alley entrance to
the basement but there's still the stairwell on the plan and so what is what is happening with
that stairwell are you closing it off was it removed can you go back to the play go back to
the plans for the plans gladly
and are there any photos of the basement at all no we the basement's not being used we took no
photos of the of the basement um find the plans
here we go so um can you see uh the basement can you see the plans
yes okay so there's no staircase in the basement
okay and that's correct right miss garcia there's no is there is there a staircase in the basement
going from the basement to any of the units or no y señora garcia hay escaleras desde el sótano
No, she said no. She said no. The only staircase is from the front of the first floor leading up to that second floor.
Así que la única escalera es desde el primer piso y yendo hacia el segundo piso.
Y claro, está la escalera de atrás que van de el callejón a la unidad de atrás.
and floor respectively for each unit.
Así que la otra pregunta acerca de las utilidades.
¿Fueron movidas las utilidades del sótano al primero o segundo
piso para cada unidad?
Usted lo sabe, señora, donde está la electricidad, gas.
De eso no hay gas ahí.
OK, well, the electricity.
Where's the electricity?
Where are they?
Is it outside in the back alley, though?
Tiene su electricidad en la de antes y el de atrás.
Y a dónde está ubicada la electricidad?
En cada apartamento.
En la parte de atrás, afuera, adentro?
Lo mire tan afuera.
La caja tiene una caja principal para cada apartamento.
so there is an electrical box for every apartment the meters are outside but
every apartment has its own electrical boxer for each unit okay and just to
confirm this is an all-electric building y para confirmar este un edificio que
es completamente electricidad correct and then where the water where's the
where's the water heater y el calentador de agua
water heater y el calentador de agua
it's electric as well understand that but where is the water tank
y a donde está y el tanque de agua a donde está ubicado porque no lo vemos en el plano
cada uno hay un uno de esos de los galones de agua en el de adelante está
al entrar hay una parte que está sellada y todo donde está el calentador de agua cada uno tiene
su parte de calentador de agua pero cerrado so each unit has their gallon of the water heater
and it's closed off but each unit has it the first one has it as you go in but it's also closed off
What do you mean it's closed off?
So it's like a small door with a closet that has the water heater.
Okay, so each unit has their electrical panel and their water heater in the unit respectively.
and the owner is going to be the only person with access to this basement door
correct okay thank you
yeah i just i just have one i guess one question comment
The three-bedroom unit has just a very small living kitchen area for that size unit.
And because we don't have any images of the basement, I'm still trying to understand we've got a basement that's a full height that's essentially above grade in the back.
And you're not using it for anything.
um that seems odd when this space for the living room dining room kitchen is all in the space of
about 100 square feet for a three bedroom unit so i think the i think the the density of the
the building is just too tight um or too much for this building and the fact that the folks
that live in this other you know i'm saying a lot has to walk through a driveway to get to a public
So, I have a question, a comment.
The unit of three rooms has a very small kitchen room for that size.
And as we don't have images of the sótano, I'm still trying to understand.
We have a whole sótano that is above the level of the floor in the back, and they don't use it for anything.
Eso parece extraño cuando el espacio para la sala de estar, el comedor y la cocina está a unos 100 pies cuadrados para una unidad de tres habitaciones.
Así que la densidad del edificio es como que está muy estrecha.
Hay como que mucho en ese espacio.
Y también que tienen que caminar por la entrada donde se estaciona, que es un sitio público.
any other questions you otra pregunta
questions from our attorney Hillary not at this time mr. chair questions or comments from the
virtual audience in no age chair planning commission Amy Boyd with the planning commission
a y b o y d do you swear referring to tell the truth whole truth nothing but the truth
The comprehensive plan recommends no change in zoning at this location from the current RSA-5 residential single family.
The applicant has not demonstrated that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance with the zoning code.
física única o circunstancia de esta propiedad que previene que se utilice conforme al código
de zonificación. No hay evidencia que el convertir a dos unidades fue hecho con beneficio
The planning commission recommends that the board deny the requested variance for two family household living.
for two family household living el comité de planeo recomienda que la junta denegue
el pedido de la variancia de dos una unidad o una vivienda de dos familias
Thank you. Joe, we're going to hold this till Monday next Wednesday at 9 30 AM.
We're going to take you to executive session where we'll discuss the comments made by the planning commission and also some of the members.
Asi que nosotros vamos a aguantar la decisión para el miércoles que viene a las 9 y media.
Nosotros vamos a tener una sesión ejecutiva donde vamos a hablar y discutir los comentarios
que fueron hechos por el comité de planos y vamos a hablar acerca de esto con los miembros de la junta.
was this discussion of the basement and how that may be addressed so all right so all of this will
be closed except for your presentation of photos of the basement okay okay much appreciated thank
you okay thank you uh andy what's that joe you froze you froze okay um do you require further
interpretation oh and thank you very much by the way we do appreciate your help
thank you for using the service have a great afternoon
we're going to go to number 10 uh we have a um malam ma la lay malaylam interpreter
Could our interpreter please come on?
Somebody promoted him.
Looks like he's been promoted.
Thank you.
I thought he was promoted.
What's the interpreter's name?
My name is...
You're the interpreter?
No, no, wait.
We need an interpreter.
I don't see a hand up.
What's the interpreter's name?
Oh, it looks like Pradeepa.
Pradeepa, can you raise your hand, please?
Then we can promote you.
Thank you.
I see them.
I see the person.
They've been promoted.
Oh, they declined.
I'm going to try again, Pradeepa, can you please accept the promotion?
The interpreter is coming in as a panelist, Neal.
Okay, thank you.
Hi, this is Pradeepa, Malayalam interpreter. Can you hear me well?
Good morning. Could you please state your name and spell it for the stenographer?
Yeah, sure. My name is Pradeepa. It spells P-R-A-D-E-E-P-A.
Do you swear or affirm that you interpret accurately, completely, and impartially from English to Malayalam, and also from Malayalam to English?
Yes, I do.
Could you also ask the appellant to state his name and spell for the stenographer?
and the peter
jose moan anthony
spelling j-o-s-e-m-o-n
the last name a-n-t-o-n-y
all right
could you ask him
does he swear or affirm to tell the truth
the whole truth and nothing but the truth
yes I do
all right thank you
We think, okay, our vice chair has a few questions. I believe we have a second applicant as well here. There's multiple owners. They're both property. Yeah, I believe we have a three owner of my dad mom and myself.
yeah I believe um we have a three honor my dad mom and myself as a property owner
um so we have uh first of all could um could we have the second appellant uh state her name
and spell for the sonographer
all right do you swear or affirm to tell the truth the whole truth nothing but the truth
okay our vice chair has just a few questions yeah good afternoon oh morning um have you submitted
your documents and exhibits five days in advance of this hearing yes okay all right and you're here
because you want your applications you want to remove one parking space and replace it with two
is that correct yes correct okay and you know that you've been refused because you can't you're not
allowed to do that in your district is that correct you understand that that's why you've
been refused that's why you're here uh yes that's correct but some of my existing neighbors they
already did that i can show the pictures and everything yep so you're requesting permission
to do that now okay so you can start your case um there's a little issue on the sharing can i
Thank you.
okay okay why don't you start your presentation okay your honor uh
uh my zoning issues mentioned like uh on rsa three uh figures one off street parking space
and currently complains with zero because uh and this is the refusal letter uh given from the city
and on my existing uh parking there should be uh no other issue going on with the neighbors like
with the parking or any other issues um i can show you the proposed plan i'm sorry i'm doing
this first time i don't know this is how should we go through uh why don't you want to just show
us what you're doing are you have you done it already yeah all right so you okay let's see
what you've done, okay.
Have you closed up your driveway?
is that we have done the the door to the drive the garage i know the driveways um i can no okay
all right why don't you just show us what you're doing so
so this is the studio right now i don't know you can see it okay okay
Thank you.
it'll be up in a minute there you go yeah so this is the currently x61 right now and
we already changed that the carriage to the converter right but we receive a zoning permit
one time and this is the inside photo there we made a powder room inside and i can show you the
the other presentation slide give me a second
so we actually uh did a rca meeting so this is the uh notice we submitted to the neighbors and
The vote was 33 to 1.
Yeah, 33 to 1.
So 33 to 4 neighbors was favoring and support for our change.
And this is on the RSA 3 zoning conducts.
And these are some of my existing neighbors.
They already converted their garage or living space.
This is from 9956 Wing Tip Road.
And this one is 9901 Sandy Road.
and this one is 9925 sandy road 9911 sandy road 9903 sandy road all of their
garage was converted as a living space and they also using their to outside
parking normally and because the park the inside garage is too small and
nobody can park inside the car is doesn't fit inside everybody uses a
storage room and my issue is like my myself my me and my wife my father mother
and my sister and her kids also three of us families living together so my mom is
hard to be taken upstairs the stairs and going up and down all so issue so this
would be a space for enough for a bedroom over there so she only need a
powder room on the garage so it's easy for her to be go use the bathroom and
everything otherwise it's always hard to be go up and down and everything there
is no changes on the garage or anything only just adding an existing powder room
just that's it and this is our neighbor supporting document like a 30 of them
supported and we posted the notice in front of the house for 21 consecutive
days and this is the tax clearance uh paper from the city yeah i have the copy of that oh we we
have it oh okay we have and this is some of my uh neighbors they sent an email uh like as a
supporting this is the immediate neighbors they sent the name and you also have a letter from the
councilman my um councilman o'neill sent a letter uh the the political leader of the area sent a
letter in your support oh okay right yeah okay um we we have it here oh okay thank you um um
questions from the board
questions or comments from our attorney not at this time mr chair questions or comments
from the virtual audience there are no hands chair planning commission the comprehensive
plan recommends no change to the RSA three residential single family zoning at this location.
The proposal for parking in the front yard is consistent with properties across the street
across the street which have no garages. The proposal would maintain two-car off-street
parking. The planning commission recommends that the board grant their requested variance
for parking in the required front yard so mi 2026 000 874 99 38 uh wingtip road i vote yes
michael johns my vote is yes cheryl gaston my vote is yes
it's another graham my vote is yes ryan mcadams my vote is yes
Sonata Graham, my vote is yes.
Brian McAdams, my vote is yes.
Ty Owen, my vote is yes.
Thank you.
You have your votes.
And interpreter, thank you very much for helping us.
We appreciate it.
So we're going to go to number five.
Yeah, you go.
Thank you.
Thank you.
Okay, thank you.
All right.
Number five.
So a number five, MI 2025, 006, 074.
222 Hartel Avenue. Isaac Slepner is the attorney.
Isaac Slepner is coming in as a panelist.
Good morning, Mr. Chairman.
Counsel, could you please state your name and spell it for the stenographer?
Yes, Isaac Slepner, I-S-A-A-C, last name Slepner, S-L-E-P-N-E-R.
You swear I'm an attorney.
The whole truth and nothing but the truth.
Yes, I do.
Do you identify your client and relationship to the property?
My client is Triple Deuce Real Estate LLC, which is the ownership entity of the property at 222 Hartel Avenue.
And I have with me Dan McVeigh, Jr., who is one of the members of Triple Deuce Real Estate.
Thank you.
And you also have a letter of support from the Fox Chase Civic Association.
The vote was 14 to 2.
Our vice chair has a few questions for you.
Good morning.
Have you submitted your documents and it exhibits five days in advance of this hearing?
I have submitted everything except we are waiting on a tax clearance.
But I was advised that we can proceed with the hearing today and the board will hold the vote.
That's right.
And do you waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
All right.
Thank you.
You can share your screen and proceed with your case.
All right.
Here we go.
All right.
Let's make sure I'm sharing the right thing here.
Good morning, Mr. Chair and members of the board.
Um, 222 Hartel, uh, is a, um, mixed use property, uh, on an RSA three lot.
It has a deli at the ground floor.
It's a corner property, um, at the corner of Hartel and blanking.
I apologize, but my client will testify to the, um, cross street.
Uh, I want to say Hartel and Hellerman, but I may be off.
In any event, it's got a deli at the ground floor with a single residential unit above, and then there is a separate outbuilding, which formerly had been a garage, and the variance that we're seeking today is to remove the off-street parking space at the garage for use as dry storage for the purpose of being storage accessory to the deli.
Uh, so first is our table of contents that I had, um, submitted, uh, our original notice of refusal. Our, uh, this is a, a historical, um, this is our original notice of refusal.
This is my application for appeal, in which I had appealed from the original notice of refusal, including our project information forum and owner information.
We have all that paperwork.
This is a historical document showing the zoning permit for use as the deli at the ground floor with the single unit above.
we then went and sought an amended refusal because we kind of changed uh course and decided that it
would be more practical for um to seek use as dry storage for the deli uh in the outbuilding rather
than uh what we had originally sought um okay sorry technology bear with me
oh there we go all right next is this is our notice uh to the near neighbors that was sent
um that dated june 26th informing them of the fox chase civic association meeting
that was held on july 8th this is the cert of mailing uh of june 27th in which we mail to
This is the CERP of mailing of June 27th, in which we mail to many, many, many near neighbors, as well as the Fox J Civic and Councilman O'Neill's office.
These are the plans for the garage, the outbuilding, and its use as a just dry storage for the deli.
And as you can see, it's really just a single, uh, single space with a little bit of attic, uh, room.
There's no construction, no demolition plan.
They're not planning, um, any water, um, refrigeration or anything like that in there.
It would be at most room temperature, dry storage for non-perishables and non-food items.
Then we've got some photos.
So this is the corner of the property.
This is 222 Hartel.
As you can see, there's the deli, residential unit, and there's our outbuilding, the garage.
This is looking down the cross street at the garage.
that's the garage as you can see it's completely physically separate from the main building
uh and from its neighbor but it is um on the property at 222 hardtail this is the front view
of the little garage then we go inside this is uh the front corner you can see there's a
aluminum or a vinyl drop ceiling here you've got uh this is the back corner just some brick walls
and uh the floor and the ceiling here you go you've got the pull down door to the attic
um and then this is uh just looking inside from inside to outside at the front windows
here's a photo of the notice of zoning appeal that was posted on um july 15th
on the front door that's the front door of the deli of the main building this is on the front
window of the garage itself and also on the front window of the garage itself and then we have our
letter of support from fox chase civic dated 717. as i mentioned the proposal is simply for dry
storage as accessory use at the deli with that i would like to have my client dan mcveigh adopt
my testimony
dan you out there yes i could you please state your name and spell for the stenographer
he's coming in now okay
dan mcveigh you're allowed to speak yes sorry sir could you please state your name and spell
it for the stenographer yes it's daniel c mcveigh d-a-n-i-e-l c as in charles mcveigh m-c-v-e-y
you swear or affirm that tell the truth the whole truth nothing but the truth
Yes, I do.
Counsel?
Dan, did you hear all of the testimony and see all of the exhibits that I presented to the board?
Yes, I did.
And you are a member of Triple Deuce Real Estate LLC?
Yes, I am.
And was all of my testimony and all of the exhibits, were those all true and accurate to the best of your knowledge?
Yes, they were.
And would you adopt all of my testimony as though you had given it yourself?
Thank you.
and i guess just for the record what's the cross street it's hartel and what and burham avenue thank
you um i would uh turn it over to the board for any questions on the board
did you do any upgrades to the garage in terms of insulation or did you just take out the door
and replace the the door just replace that that front entry there there is some insulation on
that front wall where the existing garage was garage door okay because I know you mentioned
non-perishables and other dry goods but a lot of those still want to be in like you said room
temperature but a lot of garages in the summer are above room temperature just because of the
weather and global warming yeah we also that's why we installed some windows that let some air
you know move around in there not to create moisture moisture issue okay all the questions
questions smart attorney hillary emerson not at this time mr chair questions or comments from
the virtual audience there are no hands planning commission any board with the planning commission
Amy Boyd with the Planning Commission. The comprehensive plan recommends no change to the RSA3 Residential Single Family Zoning at this location.
the comprehensive plan recommends no change to the rsc
This property has a prior approval for first floor food and beverage and grocery sales with a second floor dwelling unit.
The proposal is to convert an accessory structure to be an accessory to grocery sales.
This is a corner property with on-street parking available and the 15-foot-wide sidewalk on Borougham Avenue side of the property.
The proposed use will endure the use of adjoining properties. The planning commission recommends that the board grant the proposed use variances for no parking. All right. Thank you very much. Um, council, this case will be closed and we will vote on this once we receive, uh, the tax.
Am I correct? Thank you very much, uh, Mr. Chair. Yes, we should. Hold on. Hold on. Our, our council was, when you thank me, you let her talk before you say thanks.
um no so so we'll give this um we'll give this a date about 30 days out um uh september 16th
um at 9 30. we don't have hearings on the 9th otherwise we would do it okay so 9 16 at 9 30.
great um and we are diligently working to get that tax clearance certificate so that should
be in before then like not a problem thank you all right thank you board okay number
number 11. mi 2026 000 986 6139 ridge avenue eric carroll is the attorney
Eric Carroll has been promoted
good morning Mr. Rearman hi good morning uh council could you please state your name and
spell for the sonographer Eric Carroll E-R-I-C C-A-R-R-O-L-O right do you swear or affirm
to tell the truth the whole truth and nothing but the truth truth i do would you identify your
client in relationship to this property yes um the applicant is moniquetta coats she's actually
the contractor for the commercial lessee shawana custis okay and there you have letters of support
from central roxburgh civic association also a letter of strong support from roxburgh cdc
our vice chair has a few questions good morning have you submitted your documents and exhibits
five days in advance of this hearing I have and this is a referral so do you waive the reading
of the referral and stipulate to its accuracy I do all right thank you you can share your screen
to proceed with your case. Thank you. Okay. As I mentioned, my client is Shawana Custis.
She leases the first floor commercial space at 6139 Ridge Avenue. That is in the Roxborough
neighborhood at the corner of Ridge Avenue and DuPont Street. First floor is about 1,500 square
feet. The history of that first floor space is exactly what Ms. Custis wants to do just with
the new business. It's been used as an event space in the past. Showers, graduations, networking
events. It's not a, you know, open daily restaurant or bar, something to rent out for
private uses. The building is zoned CMX2, and to have the assembly and entertainment use,
we got a referral from L&I, and we're required to obtain a special exception, which is what
brings us here today. This is a photo of the first floor of the building. This is from the
corner of Ridge and DuPont. You can see above it, there are two rental units. Along Ridge,
the the property's a little bit narrow but it stretches back pretty far in dupont um the lap
miss cussis's lounge will be called the level one lounge this is a photo of the front door on the
ridge you can see the the zba notice is posted right there uh this is the view from dupont
street same thing on the window the notice is posted further down the dupont street block same
thing uh this is the interior of the property uh you can see it looks like a space for for
showers and graduations celebrations private meetings
uh the the you know the clients can fit it out any way they they want
uh the the you know the clients can fit it out any way they they want the max occupancy is is 50.
uh this is the bathroom and then this is a view from along dupont street to the right you'll see
that reddish orange fence that's actually the rear of the property so as far as trash storage goes
uh the lounge kitchen is in the back you can exit through the back and trash storage
will be outside in the rear enclosed by that fence this is from the inside of that fence
you can see and that that door leads out to to ridge avenue i'm sorry to dupont street
uh these are the plans um sorry let me just so in the left corner which is the top left of this
photo that's actually the front door at ridge and dupont street when you walk in the door um
there's that open space so the pictures we saw earlier you know depending on the the event the
tables will be and chairs will be set up differently um there's no liquor license
here this is this is not that kind of establishment um you know beer and wine can be brought in for
certain events moving so you're on this you would be walking north or east along dupont street as
you go down this photo bathroom and then a lounge in the back and then the kitchen and then again
at the bottom this would lead to the rear trash area. My clients met with the Central Rocksboro
Civic Association back in June. 49 people were present. There was unanimous support. A couple
concerns that the rco raised uh vehicles not even temporarily parked for deliveries or pickups at
the corner of dupont as this impede septa bus turns my clients will direct any any delivery
vendors to to deliver along bridge avenue trash will be retained in the dumpster as i pointed out
where um takeout food terrace will require a separate permit not granted with this application
again this is more of an event space than than any kind of takeout restaurant so that's not an
issue here but at the end the um the rco does support the appeal i also included in my uh
exhibits that i submitted last week the commercial lease agreement between the building owner
and my client shawana custis the tax clearance certificate was included uh project information
form and and the application uh one thing important to note as i said this this space
has been used for the exact use we're trying to do this is a use permit from a prior tenant dating
back to 2017 this had just lapsed and that's my client now had to reapply for it so again we're
not changing any use here the neighborhood supports it there's ample there's parking
along ridge the whole ridge avenue corner is commercial and then you go back to dupont there's
actually a private paid parking lot it's not run by ppa but it's run by park of america uh halfway
down the block that probably has about 100 100 pay spaces so parking will not be an issue either
so i can bring uh miss custis on to adopt my testimony and answer any questions that the board
may have counsel what's the exact address of the location it is 6139 ridge avenue okay that's
squarely in Roxborough. First floor, right? First floor only, correct. Right, okay.
Ms. Custis, can you raise your hand?
She's promoted. Shawana Custis, you're allowed to speak.
Good morning. My name is Shawana Custis. Spelling up, my name is S-H-A-W-A-N-A. Last name Custis, C-U-S-T-I-S.
swear or affirm to tell the truth the whole truth and nothing but the truth
yes counsel thank you miss custis uh you are the commercial tenant uh under a lease at 6139 bridge
avenue yes okay and you intend to open and operate a level one lounge in that space that is correct
yes okay did you were you present on the zoom and did you hear my testimony to the board this morning
yes i did was everything i said truthful and accurate yes if you were to testify here this
morning would you adopt my testimony as your own yes i would okay thank you questions from the board
yes um what are the hours or operation for the events yeah uh tuesday through thursday 1 p.m
to 11 p.m friday and saturday 1 to 1 p.m to 1 a.m and sunday 11 to 9 p.m and those
hours were discussed at the rco meeting and that and nobody had any issues with that
hours were discussed at the RCO meeting and that and nobody had any issues with that thank you that
was my second question thank you other questions is there a space in there so that you can clean up
and what have you without having to use the bathroom is there like a a utility room or
something that where you can i can answer that i can answer that it's on the plan
that was the first thing i looked at thinking of you
all right but she should but somebody should answer that though
there's a kitchen area uh it's a fairly uh fitted out kitchen there's a prep area
i mean it's everything you would see in a regular restaurant it's just it's just that's not the
the attended use okay and about how many people do you think you will be entertaining at any
even time well per the per the fire code the max occupancy is 50 so so that would be the limit
all right okay thank you all the questions how many events are you planning to accommodate a week
i'll let ms custis handle that but i mean i would think as many as this business would
would permit yes um on a on a normal week i can say that it would be two to three it could be three
to four basically so thursday night sometimes friday night saturday and then early sunday
and then do events impact takeout service or is takeout service happening around the clock
we don't currently do takeout services okay and then i know you have the two different
spaces the lounge in the back and sort of the main hall in the front what is your staffing plan
when events utilize both spaces do you mean as far as um having staff available yeah like is
there a person that's dedicated to each room yes is there security in each space like just trying
to understand yes so we do have a plan yes i'm sorry yes so we do have security um that is
available at all times when any gatherings are happening and then we do um make sure that we
have enough staff on board for each area okay and then are you doing only in-house catering or
are your renters allowed to come in and bring their own food um they are allowed to bring their
own food okay but somebody from your team is always on site when an event always on site yes
When they have their parties and they bring their own supplies in, we do keep someone there at all times just to make sure everything is running right, there's no issues, make sure everything is calm at all times.
And then is your team handling trash?
Those are my only questions.
Questions from our attorney.
um just trying to clarify this is a buy right you so it it doesn't matter but the the sit down
restaurant piece of it why is why is that on if this is an event space why is that on the refusal
a referral just to preserve the options for the future but that's not the intended use in the next
you know year or so okay all right sounds good thank you questions or comments from a virtual
audience hold on i i do have one more question um can i see the the door again sure which which
door exactly the entrance to this is this is the door at dupont and ridge and then there's there
are other doors further down dupont but this one has the writing on it correct okay then this is
a current photo this is just what i could get together for tonight this is this is the prior
occupant okay this was just the best way to show what the property looks like from a far away view
okay well just just comment um if you're gonna have uh writing that writing on the door
makes that a sign so um you may want to get if you're going to keep it you're gonna have to get
some kind of separate permissions for that for the sign right and that that was not part of the
lni application i understand that i'm just i'm just pointing out that you didn't include that
in this so if you want to have permission to keep that or you want to do your own version
um you're going to get a separate permit for that okay okay questions from the virtual audience
no hands chair planning commission amy boy with the planning commission
amy boy with the planning commission the comprehensive plan recommends no change in
the comprehensive plan recommends no change in zoning at this location
zoning at this location from the existing cmx 2.5 commercial mixed use the appellant has demonstrated
that the proposed use will not have detrimental impacts beyond what would reasonably be expected
the planning commission recommends that the board grant their requested special exception
for Eating and Drinking Establishment.
MI 2026, 000986-6139 Ridge Avenue.
I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Tywin, my vote is yes.
Thank you.
Thank you.
You have your votes.
Number 12, MI 2026, 001079, 2556 Emory Street.
Vern Anastasio is the attorney.
Vern is rejoining as a panelist.
Good morning, Mr. Chair.
I had you in earlier, I swore you in already, am I correct?
Yes, sir.
So just for the record, please state your name.
Yes, Vern Anastasio for 2556 Emory Street on behalf of Ibrahim Walden.
And I have here a letter of non-opposition from Old Richmond and also a letter of non-opposition
from Councilmember Squilla. Our Vice-Chair has a few questions, sir.
Thank you.
DARYL FOXMANNELL, Good morning.
Good morning.
DARYL FOXMANNELL, Have you submitted your documents and exhibits five days in advance
of this hearing?
I have.
DARYL FOXMANNELL, And do you waive the reading of the refusal and stipulate to its accuracy?
DARYL FOXMANNELL, All right. Thank you. You can share your screen and proceed with your case.
2556 Emory Street is an RSA 5 property.
This is rather straightforward.
We're building a single-family home.
we're here for relief because we'd like to get a garage and it's a front loader
because there's no access to any shared driveway alley or rear street so we are
seeking relief for that reason I've got a 31 page exhibit packet here's the
property zoning map and here's an aerial I'm going to skip to
let me get the plans up sorry about that computer is being slow today
Thank you.
Thank you.
Sorry, something's going on with my computer.
I don't know why.
Connected to the Ethernet here.
I'm going to stop sharing and reshare, if that's okay with you.
Okay, thank you.
Thank you.
Thank you.
I can call the architect on, Lisa Neely, and perhaps she can share the plan.
I apologize. I don't know what's going on with my computer right now.
And you have one more, like one from now, right?
Yes, I do, and I'm going to have to reboot.
One between, and then what you'll do is try to get it straight then.
Yeah, I appreciate that.
Lisa Neely, if you could please raise your virtual hand and be recognized.
The exhibits, which we have already presented to the board, by the way, show clearly that the property, if we have the front loading garage, will in fact be one of many with front loading on that block.
There are several properties with garages. It won't be taking any parking away from the street, which is why we had unanimous support from both the RCO and the council office.
hi Lisa are you able to pull up the plan on your end oh let's see thank you I apologize
for some reason I have the plan I don't know how to get you to see it state your name please
um Lisa you need to be sworn in could you say your name and spell for this
ethnographer lisa neely l-i-s-a-n-e-e-l-y you swear affirm the tell the truth the whole truth
nothing but the truth yes yes excuse me chair lisa neely i'm trying to promote you but you're
declining can you please accept the promotion i'm accepting okay it should be coming now
i'm doing it again but she's already on okay i can see myself on the screen
i was thinking maybe that's why she couldn't share
uh i have to plan for my screen i'm just not sure how to
get it to share with you that's quite all right i might be able to fix this um let's see here
do you see that
are you able to see the drawing
up now the drawing's up now thank you yes i'm not sure you're seeing yep we see it
lisa we see it yep if you could just uh scroll down to the actual parking space and it's uh the
dimensions this is going to be a two-story structure with the front loading garage as
you can see on the bottom left-hand side this is the site plan I don't know if
you need other drawings yes if you could please scroll down to the the the
turning radius plan and the plan of the garage itself with the dimensions thank
you okay attorney's plan is here we've already received streets department uh approval
and the plan with the actual uh dimensions of the garage itself please miss dealie
okay so you want the drawings set not just the zoning
okay so is this what you're looking for this one
there's a plan with the actual dimensions 25 feet deep yeah so that was the other one yeah
Yeah, that's the one we need. Yeah. Thank you.
This one.
Can you zoom in for for the board, please? Thank you.
this may be more of a challenge here hang on ah here we go thank you
ah here we go thank you the interior garage dimensions are 20 20 feet wide by 25 feet deep
as i said we've already submitted into evidence and i move it into evidence today
the letter of support from the rco the letter of non-opposition from the council office the
letter of approval from the streets department and the photo showing other similarly situated
front loaders on the block itself. With that, I'd like to call my client Ibrahim Walden to the
stand if he could please raise his virtual hand. Thank you. Well, sure. That's already been
submitted. We don't have a deed. Okay. That was submitted with our exhibits, but I can resend it
if you'd like sure why don't you do that yep
bring your client on yep ibrahim walden i'm promoting him now thank you
ibrahim is declining also
oh you should be there yeah i see his name but when i promote it says he's declining
so i'm promoting him again
did you try him again yes i'm still trying ibrahim can you accept their promotion please
I'm calling him Mr. chair as a member of the of the Pennsylvania bar I asked you just take my
presentation as a testimony we will take your presentation I appreciate that questions on the
board questions from our attorney not at this time Mr. Sharon questions or comments from the
virtual audience no hands chair plenty commission um i'm not sure why he's not answering i know he's
on the phone ms neely that's fine thank you okay amy boy with the planning commission the
comprehensive plan recommends no change in zoning at this location to the current rsa5
residential here yes hi brahim we're okay we're okay miss neely please thank you thank you go ahead
my apologies Mr. chair no no it's fine the proposal for a garage off emory street is
consistent with the properties on this block the planning commission recommends that the
board grant the requested variance for parking access and Hillary we're okay with the deed am I
yes we're fine okay so mi2026 001 079 2556 emory street i vote yes michael johns my vote is yes
cheryl gaston my vote is yes tennetta graham my vote is yes ryan mcadams my vote is yes tywin my
vote is yes all right thank you have your vote we have appreciate it then we're going to be right
back to you okay so see yeah i'm going to reboot and sorry for the uh technical difficulties number
14 mi 2026 001 085 500 rittner street vincent defino is the attorney
vince and defino has been promoted
Good morning, Mr. DeFino.
Could you please state your name and spell it for the stenographer?
Yes, Vincent Anthony DeFino, and my last name is spelled D-E-F-I-N-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client in the relationship to this property?
Yes, my client is Irene Lamb. She owns Paris Nails and the property at 500 Rittner Street.
And I would say there's a letter of support from Whitman Council and also a letter of non-opposition from Council Member Squilla.
Our vice chair has a few questions.
Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?
And do you waive the reading of the refusal and stipulate to its accuracy?
yes all right thank you you can share your screen and proceed with your case okay is it sharing my
All right.
Thank you.
You can share your screen and proceed with your case.
screen we should sure okay great all right so here's the deed we'll go right through here
the tax clearance here's the refusal which we stipulated to it's an rsa5 area
um and here's the notices that went out to the whole neighborhood there's a lot of them
there's about 140 uh notices that went to with my letter for the meeting that was in june june 17th
uh with whitman and you could just see how many there are here's the property um this is paris
nails it's a nail salon on the bottom and on the top it's a two-bedroom apartment roughly 700
square feet this property has been in its current use since 2004 zoning was granted back in 2004
for a use as a nail salon and miss lamb has been operating the business there only to find out
this year that the zoning permit was never pulled back back in the day because the people doing the
construction never pulled the actual zoning permit for the nail salon so that's the nail salon
and i'll try to flip this picture around for you and there it is that that's fifth street
there's the posting one on each side one on fifth one on rentner
this is the neighborhood surrounding across the street and there's a park across right here on
Fifth and Rentner and this is the actual nail salon and there are six stations so
three for pedicures and three for manicures and you see the three
pedicure chairs and this is the downstairs area in the back this is
where she has you know she could relax her she has an office there in the nail
salon this is upstairs I believe this is going up to the second floor and like I
said it's a two-bedroom apartment on the second floor it's been that way and this is the basement
here is the prior variance that was granted back in 2004 you see the application
and then you see granite and of course it says this is not a permit you got to pull the permit
And Ms. Lamb didn't know that because she was under the guidance of someone that didn't pull the permit.
Here's the plans.
I don't know if you want me to blow them up.
I mean, you kind of got an idea.
It's a two-bedroom apartment upstairs, and it's a nail salon downstairs.
And the square footage is roughly 600 square foot for the nail salon.
And then there's maybe another 150 square foot in the back, 200 square foot in the back of the nail salon, which is her area where she can do her office work, storage, and that sort of thing.
And then upstairs is a roughly 700 square foot apartment with two bedrooms.
Here's the petitions in support.
We have a total of 57 neighboring, and there's neighboring properties.
You can see them right out front.
502 Rittner, 504 Rittner, so all the adjoining neighbors, there's roughly 57, Miss Lamb went
in person, and they basically, you know, they were very happy with her, she's been their
neighbor, she's been there, and here's the letter of support from Whitman, which was
unanimous there was about 40 50 people at the meeting nobody had any objections and
councilman squill is letter here um of you know non-opposition he doesn't give a letter of support
but he'll give you a letter of non-opposition so um if you have any questions i'd be glad to
answer them why don't you bring your client on and have your testimony yeah sure i'm going to bring
I'm going to bring her on right now.
her on right now ms lam
Ms. Lam?
Could you please state your name and spell it for the stenographer?
Hello, my name is Irene Lam.
I-R-E-N-E, Lam, L-A-M.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Counsel?
Yes, Ms. Lam, you're the owner of the property 500 Ritter Street, is that correct?
Correct.
And you heard my testimony, did you?
Yes. And did you find it truthful and accurate to the best of your knowledge?
Yes. And if you were to testify, would you adopt my testimony as your own?
Yes. All right. Questions from the board.
Yes. Just curious, how did this all come to light?
I believe they had to put a fire alarm in and then it all came to light from there.
so we're we're waiting to put it in now and we have to get this streamed out before we can put
the uh right right but you've been getting she's been getting all her licenses and all the other
documents that she needs to operate this all along right yes okay all right thank you all the questions
questions go ahead i was going to say what's the plan for trash because uh now you've got
But both bio trash and regular trash the city currently picks it up, and they charge her, um, a year.
Questions more attorney.
Um, no questions. I just want to note, I think that that a refusal for multiple principal uses on a lot was inadvertently admitted from the refusal.
so just wanted to make a note for the record that the board grants this that will be incorporated
into the decision thank you questions or comments from the virtual audience there are no hands
planning commission amy boy with the planning commission the comprehensive plan recommends
no change from the current rsa 5 residential single family zoning at this location the
proposed use is consistent with documented prior use the planning commission recommends that the
board grant the requested variance for personal services.
MI 2026-001-085-500.
Written of Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Grant, my vote is yes.
Ryan McAdams, my vote is yes.
Ty Owen, my vote is yes.
Thank you very much.
Thank you.
number 15 mi 2026 001 101 549 east loray street bern anastasio is the attorney
good morning again mr chair uh good morning sir just for the record state your name
you're verne anastasio on behalf of mr ms jamie walk mocks
okay um
this is a we have a different name here right
fernando rodriguez
no that's old i think that's an old owner
okay um all right she's here for testimony as well okay all right
all right we have a few could you a few questions from our vice chair good morning morning have you
submitted your documents and exhibits five days in advance of this hearing yes ma'am and do you
waive the reading of the refusal and stipulates you with accuracy i do all right thank you you
can share your screen and receive the case all right fingers crossed technology right
I'm going to keep it short. By the way, I've already forwarded over to the board and the board
attorney letter of support from the RCO and a letter of support from the council district office.
I received the council office's letter of support about an hour or so ago. So I wanted to send that
over so that Ms. Emerson should have that now the property is zoned RSA 5
so that ms emerson should have that now the property is zoned rsa 5 at 549 east loray
as the history here under the note shows there's a long long history of commercial use in this
property the application is just for uh cmx vacant commercial consistent with the those uses at cmx1
And as you can see here, the long history dating back many years for 2009 as a bakery, 2015 as a retail consumers, and then there was 1993 for some signage.
But yeah, this has never been a house, as you're about to see.
This is the interior existing condition.
you'll see the site plan here at the top
the interior
it was a beauty salon
that was the last use
but it has since closed
and here are the photos
as you can see it doesn't look anything like a house
it never has
be an interesting house if it did so this was the last use as you can see it wasn't a salon
and my client would simply just like to to be able to rent the property out
with commercial use because we don't have a tenant yet we opted for the vacant commercial
consistent with cmx1 we understand that a separate use permit will have to be secured
subsequent to that as i said i'm going to move these 39 pieces of evidence in exhibits into
evidence i've also separately have are moving in the letter of support from the rco and the letter
of support from the council member and with that i'd like to have ms jamie motts raise her virtual
hand excuse me mr anastasio um so there's no there's no recorded ownership of a jamie mott
for this property the last recorded deed is for um mr rodriguez that we just checked and that was
the deed that was in your packet so okay if if ms mott's gonna put herself forward as the owner
the property we need to see proof of that okay miss let's get her on the stand and we can talk
to her about that okay sure thank you she in fact just may be a tenant
he's been promoted hi could you please state your name and spell for the stenographer
Ms. Motz, can you unmute yourself, please?
Mr. Rodriguez is Ms. Motz's husband, by the way.
Okay, he's the only one on the deed.
So, just to be clear.
What was her name?
Spelled M-O-N-T-E-S.
can you hear me now yes we can could you please state your name and spell it for the sonographer
my name is jamolette y-a-m-i-l-e-t-t-e last name montes m-o-n-t-e-s do you swear or affirm to tell
the truth the whole truth nothing but the truth yes i do could you turn your video on if possible
i'm trying okay all right well why don't you start correct thank you i'll be quick
Ms. Montez, your husband is the owner of RECORD.
Is that correct?
Correct.
And you heard my presentation to the board today?
Did you hear my presentation to the board?
Yes, I did.
Okay, wonderful.
Is it true and accurate to the best of your knowledge?
Yes, it's true.
And you adopt it as your own testimony?
I have nothing further.
Thank you.
Counselor, where do we stand with this?
um it if she's i mean since she's um since the owner is her husband i imagine that she has
knowledge of the property that you know she can testify to so i'm okay with her being called as a
witness but just noting for the record that she is not an owner of the property okay um questions
or comments from the virtual audience
other observations from our attorney
not at this time questions or comments from our uh planning commission
Amy Boyd from the Planning Commission. The Comprehensive Plan recommends a change in zoning at this location from the current RSA 5 residential single family to CMX 1 commercial mixed use. The proposed use would be allowed under the proposed zoning. Moreover, the property has received several variances for commercial use and is configured as a commercial property. The Planning Commission recommends that the Board grant their requested variance for CMX 1 uses.
amy boyd from the planning commission the comprehensive plan recommends a change in zoning at
Okay, so MI 2026-001-101-549 East Leray Street, I vote yes.
Michael Jones, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Tywin, my vote is yes.
Thank you.
Thank you, counsel, you have your votes.
Is there anyone in the audience whose case from 9.30 a.m. has not been called?
are no hands chair i see everyone at 2 p.m is our vice chair today okay so my name is bill bergman
i will be chairing this meeting with me is our vice chair tennessee graham president mr chairman
board secretary cheryl l gaston president mr chairman we're members michael john
president mr chairman taya win and ryan mcadams president mr chairman so here is our attorney
hillary emerson this hearing has been recorded and will be posted on the zba website by participating
you consent to be recorded there's an in-person meeting with remote participation whether in
person or on zoom if you are called to speak please state and spell your name wait to be sworn
in and after that each time you testify please start by stating your name to earn an appearance
indicate the property address in your zoom webinar speak with a staff member
call the zba office by the close of business tomorrow please call 215-686-2429 and provide
your name email and the address of the case property remote participation raise your
virtual hand when we direct you to speak please when we call you please click the join as a
panelist button use the q a only for procedural questions not for questions about the case
if you're joining by phone press star nine to raise your hand and star six to unmute
in-person participation if testifying get close to the microphone so that all attendees
and the court reporter can hear you no talking eating or drinking during the hearings aggressive
behavior will not be tolerated in the in an emergency please listen and follow the staff
instructions the main exit is the rear double doors and also to the left once you get outside
is the stairwell if we evacuate go to love park right across on art street and please remain
there so we can account for you so let's let's look at our schedule for this afternoon
good afternoon sheriff this is dana dabman i will be your co-host okay thank you very much
um number one we have a spanish interpreter for the okay number one mi2025 000438 4707
to 11 edmond street we have a spanish interpreter
is that your case is that your case all right please take a seat
Spanish interpreter, please.
Is it Steven?
the spanish interpreter please raise your hand interpreter please
Interpreter, please.
Do we know if we have an interpreter coming?
I don't see any hands raised.
What's that?
Thank you.
Thank you.
are we continuous Hillary right all right so
MI 2025 000438 4707 to 11 Edmond Street. This case is continued until 1027-26 at 2 p.m.
Number four. Chair, it will be at 930 a.m. What's that again? The continuances for 2 p.m. will be at 930 a.m.
All the continuances for 2 p.m. are going to be at 9.30?
Thank you.
That case will be at 9.30 a.m.
Number four.
Number four.
MI-2025-006-899-1001-209 West Glenwood Avenue.
This case is continued until 10-27-26 at 9.30 a.m.
Number six, MI2025-006-999-175 West Oxford Avenue.
That case has been withdrawn.
Number 13, MI 2026 002 347 6200 to 06 North Fish Street at cases continued until 1027 26 at 930 AM.
and number 14, MI 2026-002-349-7640-52, Germantown Avenue.
That case is continued until 10-27-26 at 9.30 a.m.
Are there any other requests for continuance?
There's no more hands at this time, Chair.
Okay. We're going to go to our add-on list.
What's that?
Sure. Okay.
MI 2026, 000200, 2416 North Dover Street.
So MI202600020
I vote yes with proviso her refusal dated July 30th, 2026.
I abstain for this Ryan McAdams my vote is yes with proviso Iowen my vote is yes with proviso
Emily Frisco my vote is yes with proviso
Thank you.
Number two, MI 2026-001-888-4720-30 Stanton Avenue.
i vote yes uh with proviso revised plans one page stamped by zba august 5th 2026.
michael johns my vote is yes with proviso
cheryl gaston my vote is yes with proviso ryan mcadams my vote is yes with proviso
number three mi 2026 001 139 37 34 north 16 street
i vote yes with proviso no household living in basement interior trash storage
michael johns my vote is yes with proviso
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Number four, MI 2026-001-539-3246-66 South 66th Street, I vote yes.
Michael Johns, my vote is yes.
Tanetta Graham, my vote is yes.
I'm sorry, Board Member Johns, can you just re-vote? You got cut off there at the end.
Oh, sorry. Michael Johns, my vote is yes.
Thank you.
Toretta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Iowan, my vote is yes.
Number five, MI 2026-001-874-7200 Old York Road, I vote no.
Michael Johns, my vote is no.
tenetta graham my vote is no ryan mcadams my vote is no iowen my vote is no
number six mi 2026 001 516 1139 north oriano street i vote yes with proviso revised plans
two pages stamp by zba august 5th 2026. michael johns my vote is yes with proviso
Tanetta Graham, my vote is yes with Proviso.
Ryan McAdams, my vote is yes with Proviso.
Number seven, MI 2026-001-530-5333-5338 Euclid Street, I vote yes with Proviso.
Interior trash storage.
Michael Johns, my vote is yes with Proviso.
Tanetta Graham, my vote is yes with Proviso.
Ryan McAdams, my vote is yes with proviso.
Iowen, my vote is yes with proviso.
Number eight, MI 2026-001-541-11003, Lindsay Street.
This vote in this has been moved to 8-12 at 2 p.m., 8-12-26 at 2 p.m.
number nine mi 2026 001 547 5827 newtown avenue i vote no michael johns my vote is no
tenetta graham my vote is no ryan mcadams my vote is no
MI number 10, MI 2024-004-244-5300-02 Haverford Avenue, I vote no.
5,300 to 02 Haverford Avenue, I vote no.
Michael Johns, my vote is no.
Cheryl Gaston, my vote is no.
Tannetta Graham, my vote is no.
Okay, we're going to move to our regular list.
Number two.
Yeah, number 2. MI2025-001676, 601 Devereux Avenue. Joseph Vaccaro is the attorney. This is a resumptive hearing.
Mr. Vaccaro, Mr. Vaccaro in the audience.
He has been promoted, Chair.
Thank you.
Hello, I'm Mr. Vicaro. Could you please see? I remember correctly. You've already been sworn today. Could you please state your name?
After the board, Joseph, the Carol V. A. C. C. A. R. O.
And Mr. Vicaro, this is a resumptive hearing.
And what we'd like to hear from you is an update of where you stand.
in this case yes yes sadly if i could uh my screen yeah tell you usually joe listen a minute
you're you don't be seen to be moving much your hearing's a little but try again
i can you hear me can you see yeah okay yeah we hear you
okay so what brought what about the issue of uh that led to this
was the turning radius for the parking spot in the rear and some revised plans
we have submitted more like zoom in on that shows the property we can't see
your screen yeah we I'm not seeing anything except that I'm saying that
okay all right let me let me get yep i'll go out and i'll come right back in
and don't worry if i remember we're not voting on this today
yes we need to hold this matter for proof of tax compliance yep okay all right fine can you see the
plans no papers um there's times joe you freeze up and then we hear you talk and then you unfreeze so
oh dear
why don't we do this why don't we come back later and check on you okay
thank you okay all right let's go on to number three
MI 2025 003 648 1000 North 48th Street Rachel Pritzker is the attorney
good afternoon good afternoon counsel could you please state your name and spell for the stenographer
Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
My client is DVIR48LLC, which is the owner of the property.
And I see there's a letter of support from Mill Creek Advisory Council.
Our vice chair has a few questions for you.
Good afternoon.
have you submitted your documents and exhibits five days in advance of this hearing yes okay
and you have uh several use refusals and zoning refusals
And you have several use refusals and zoning refusals, so do you waive the reading of the refusals and stipulate to the accuracy?
Yes, except we've made revisions to the project, and so some of the refusals have been removed, and we have submitted the proviso plan form and updated plans that will reflect that.
Hillary's nodding.
All right.
You can proceed with your case.
Thank you.
okay can you see my screen yeah okay great
maybe just a little larger if that's possible
is that better that's better yep okay so um this is a project on a thousand north 48th street and
And as mentioned, we have the support of Mill Creek Advisory Council, the coordinating RCO.
I'll go through this, but we met with them in two different occasions and received a letter of support based on the revisions, which our architect will go through.
The original proposal was for the erection of an attached structure with a roof def and roof def access with residential use, multifamily household living.
It was reduced from 16 to 15 units.
And like I said, some of these have been reduced.
so we'll go through that on the plans a lot of the refusals were generated because the property is
owned rsa5 let's go through some of the visuals to give you a sense of the site the deed
so this is a pretty unique but significantly sized parcel it originally contains an entire city block
on the North 48th Street. Directly behind the property is a massive cemetery. And we're just
talking about this parcel here, which was formerly subdivided from a larger site. The property wasn't
always a standalone site. It was created through this lot line adjustment that was reviewed from
the city, which resulted in two different parcels. And just now this smaller piece is the only one
that remains undeveloped all these other projects and I'll show you the larger survey have been
adoptively reused to multi-family and I think there's one that is a vacant shelter at this
point looking to either have someone else in there or probably will have the same residential
character and we're just dealing with this 4585 square feet vacant parcel on the end
As you can see from the zoning mats, this entire property on the block is zoned RCA5.
There's a park across the street and a massive cemetery to the rear.
Just a little bit more site context, it's sort of like this island here.
These are all former rectories, beautiful churches that have been adaptively reused.
There's a massive parking lot to the rear of these sites, and then this small square
or parcel is all that remains undeveloped on this site. A little bit closer up.
Same thing. Just some of the street views of the property. It sits a little bit lower on grade than
the remaining properties. So the height variance that we're requesting actually just makes it so
it meets the directly adjacent structure. Some of the additional height is, again, just the grade
change it also the grade trains directly adjacent and to the rear of the property as well it also
directly abuts that rear parking lot so some of the design that we put forward takes into
consideration that there is the rest of this site is completely developed in addition to the surface
parking lot just a view this way it's obviously this corner lot here this is a view of the vacant
lot and the church as mentioned these parcels have been adaptably reused to multi-family so
what we're providing is in character which with what is already on this block as one single family
home or multiple single family homes don't really make sense for this direct block given the
adjacency to the park, the parking lot, and these adaptively reused multifamily buildings.
A little bit further away, just so you can see the site context.
And this is all the same owner.
Again, further down, another church.
This is all the way down at the other end.
this is all the way down at the other end
Just so you can kind of see, again, the cemetery to the rear, so there's really no
directly affected near neighbors on at least this block.
And of course, across the street is the Claire Muhammad Square as well.
As you can see, this is sort of the only properties on this block.
as mentioned this is just the site context and the survey just showing um the unit counts in
the adjacent buildings um 15 units 34 units think it's a total of about 80 units um spread out
through these some have been uh redeveloped some have permits that are going to be redeveloped
somewhere in the middle of construction but multi-family buildings uh directly adjacent
These are just the zoning posters on the property scene, sort of, the site.
And just to touch on the refusals a little bit,
first, a use refusal is being asked for given that we're asking for multifamily 15 dwelling units.
It's prohibited because the site is on RSA 5.
Second, a dimensional variance for height.
The maximum allowed is 38 feet in RSA 5, where the revised building proposed 51 feet,
four inches to the main parapet, with the stair and elevator towers reaching 58 and
64 feet, respectively.
A dimensional variance for occupied area is a corner lot.
The property is permitted 80%.
We're asking for just an additional 16.3%.
There's really no need to provide a nine-foot rear yard for a multifamily building, especially
that backs up to a parking lot and then for the dimensional variance again for rear yard which
requires a nine foot rear yard again we're not providing a single family home on the almost
five thousand square foot lot and so those were the dimensional variances again just as you can
see from the site contacts the property is quite unique it is the corner property and it is the
small leftover remainder of a much larger institutional campus so some of this is just
to align with what's already there. And the site as a whole is a little over 92,000 square feet,
so pretty massive in scale. We met with the directly adjacent near neighbors two times
through the RCO meeting and provided notice and had a letter of support from the Mill Creek
Advisory Council. We met with them twice. Originally, we had proposed commercial spaces
on the ground floor given it was a corner and proposed a lot more height which we have reduced
take an entire floor off and removed a unit and through those revisions and some aesthetic
conversations with the rco we have you know their support for this project
if i could bring on robert uh wong to just go through the plans um i'd be happy to answer any
Robert. Robert has been promoted to speak. Thank you.
okay uh thank you this is uh this is robert wong pcs architects robert could you please spell your
name for the stenographer yes uh r-o-b-e-r-t w-o-n-g you swear or affirm to tell the truth
the whole truth nothing but the truth yes sir counsel uh robert could you just go through
the plans on my screen and uh revisions yes as rachel had mentioned uh the proposed building
is essentially taking up uh i think it's like um 96 uh percent of the of the total lot um it is about
uh 43 point uh 43 feet six inches wide and approximately 100 feet long um so in response
In response to concerns by the neighborhood, the building was the building height was reduced by taking one of the floors off, as well as the initial design concept had two commercial spaces.
off as well as the initial design concept had two commercial spaces on the first floor
which based off of the community's response those that element was removed so it's no longer a
mixed-use building it is now 100 residential so we were able to put residential units down on the
first floor um the upper floors contain on floors two three and floor have uh four apartments each
three apartments on the first floor coming to a total of 15 apartments um the existing four
story stone building that is uh page right um of the of the building uh indicates that it is
approximately um 64 feet tall um so the grade going from the street line to the to the face
of that existing building uh raises considerably somewhere between seven to eight feet um and then
the rear wall that rachel was referring to that abuts against the parking lot is probably close
to eight to ten feet in vertical height change from the adjacent grade so once the main building
height was reduced to approximately 51 feet the building is now essentially at the same height
as the adjacent four story and the rest of the campus buildings we are slightly taller than the
the existing buildings that are on the page left, and those are multi-story, three, I believe three-story existing buildings that are about 36 to 38 feet in height.
There's one that's 24 feet in height, and we are so we are requesting the the dimensional changes, as Rachel had mentioned, we are occupying more than 80% of the corner lot.
um and we are over the uh the variance request for the height which is 51 feet to the main
building parapet line the other items that go up to respectively 64 feet is the top of
the elevator override and then 58 feet to the top of the egress stair towers that are required
just the renderings yes so the the design intent is to um stay in line with some of the existing
materials there's obviously a lot of stone as rachel had shown in the existing photography
of the of the main building so we'd like to make a play off of that uh the rest of the neighborhood
is also has obviously a lot of row homes and quite a bit of masonry so you know there will be
quite a bit of either stone or masonry on the main facades of the building we're going to try
to open up the windows into the spaces as much as possible but yeah essentially the the main
entry sequence will be off of the corner as as shown here um and uh this exhibit which was shown
during the rco meeting we wanted uh to show the community that even though the building even
though we were requesting a height variance um that we believed they would be minimal impact
throughout the course of the day so starting at lower right hand corner 1a and going up to 4b
views 1a and 1b show the shadow profile of the of the project at i believe eight o'clock in the
morning so you can see that it's really we're just putting shadow on the owner's existing
uh parking lot um and then and then uh 2a and 2b um are later in the day um and the shadow is cast
page right onto their own property um 3a and 3b i believe are at four o'clock in the afternoon and
the shadow is being cast onto the open park um and then it's really only as the as the sun transitions
from 4 p.m until the evening to like essentially 7 p.m that the the project would cast any sort of
shadow onto the onto one of the uh to caddy corner of the adjacent properties
thank you
council uh nothing further on our end um are you going to bring one to your oh yes my apologies
yeah um itai argman um should be in the audience representing the owner
mr ita is allowed
Mr. Ita is allowed to speak.
Thank you.
Rachel, before the architect goes, do we ever talk about the units themselves, what
they look like?
It's a good point, Chairman.
Do you have the floor plan, Robert?
i do not but in response to that they are one bedroom one bath apartments i believe
in the neighborhood of 600 plus square feet per apartment separate living room
so with a with a full kitchen in each space
all right bring bring on the owner please sure
yes can you hear me yes could you please state your name and spell it for the stenographer
yes my name is etai e-t-a-i and my last name is argument a-r-g-a-m-a-n
you swear or affirm to tell the truth the whole truth and nothing but the truth
Council can you turn your camera on sorry to figure that out
try to figure this out okay council have you heard my testimony today do you believe it to
be true and accurate and do you adopt it as your own yes thank you all right questions from the
board yeah i've got a couple uh well the first comment that i have is i don't see this as really
fitting in character with the rest of the campus. Those are very unique Wissahick and Schist,
essentially historic buildings with mansard roofs. Even the building across the street that's a
three-story has a mansard roof. You've sort of created a big box on the corner with a solid,
But most of the frontage that fronts the park is a stone wall with no windows.
It's offensive in respect to the, it doesn't respect the rest of the campus, in my opinion.
We don't have plans of the floor plans, so we don't kind of see how they kind of work out with the exterior.
I'm concerned that there's no real setback from the 48th Street.
The building goes from property line to property line, even though there's a breezeway, I guess, between the or is that a breezeway or is that a property line between that building and the the old schoolhouse?
Are you are directly on the property line where the steps go up?
It's it's directly on the property line. So those are that's an existing series of steps and walkway.
OK, so we've got so there are no windows along that along along that facade.
Since it's a zero lot line condition, there would be no windows there.
So since we're building on directly against two lot lines at the project rear and on the project right-hand side, there are no windows along those two facades because of fire rating issues and concerns.
so we've created a condition where a project that could be very nice and have light around
all natural light around the entire building you created a condition where there's no light
on two sides and a blank wall that's on the main on one of the main facades i think it
disrespects the architecture of the uh the existing campus so there's correct me if i'm
wrong robert there's windows on the front edge and the side correct there there are windows on the
on the on the street facades and um you know with a tight site like this at least one portion
of a building would need to have uh you know a connecting corridor to for circulation so
you know that it made a lot of sense to be able to put the circulation side on the portion of the
property where we had a zero lot line condition and would be prohibitively expensive for for the
project to install glazing into into a fire rated wall similarly towards the rear backing off the
um backing off of the property line would uh would make the layouts of the apartments uh somewhat
backing off of the property line would
difficult and you know at the end of the day we you know as rachel was saying like the the nine foot
uh setback um then creates actually would create almost like a an alley between the rear of the
building and the raised um portion of the existing retaining wall back there so in some ways i would
think that doing that would create um a condition that becomes unsafe for both the tenants of the
building and the um the uh the neighborhood in general so we thought this was you know a
uh a a way to um build a multi-family building and uh effectively glaze the facades that we did
have available um and you know the the designs are continuing to evolve so we understand your
concern about the front facade yeah i was going to mention i do appreciate the comment around the
aesthetic although it's sort of out of place for zoning but we've done in other projects where the
board has mentioned um you know wanting to have the aesthetic and design match the existing
character a little better we've gone back and made some revisions so that the board can see that i
think especially in consideration that we don't have floor plans i also understand that concern so
um i don't know if the board would uh want to uh hold this so that we can provide an update
so so why don't we do this why don't we go through see if there's anything else okay that
board members may have and then we'll get together and we'll have a plan where we're going to go
yeah i just don't want to disrespect the questions from the board yeah with a reduction in the
building height how high are the roof deck access structures from the ground level
from the ground level the top of the elevator tower is at 64 feet the top of the stair towers
are at 58 feet and the main parapet is 51 feet 4 inches from grade okay and the intent is still
to have this be occupiable roof for all tenants I believe so at this moment in time we're
preserving the option to be able to occupy the roof yes okay and then with the reduction of the
of the height and the removal of the commercial spaces what's happening at the ground floor of
building because the windows looked like they were other residential units yes the the design intent
is for there to be three apartments down at grade we would you know we would continue to work with
the owner in in terms of the the glazing that would be appropriate for at grade apartments
and there is one controlled uh there would be one controlled lobby um off of the off of the main
street frontage there for the entire for the entire building and for the main street are
you referring referencing 48th street are you referencing why losing yes no i'm sorry the along
48th street where so the rest the the main building entrance would be oriented the same way as being
shown in the stoning street view where the where the main facade is off of facing the park
okay in the image that has no not the rendering we're not basing this
you you reference the street view not the rendering
oh i'm sorry i was i was looking at the uh the current view that was uh up so it would be the
the east facade okay and are there any other amenity spaces on the first floor for the tenant
Thank you.
This is what I was looking for.
Any other questions?
Oh, I see you, Trey.
So I do have another comment.
If this is the front, is that 48th Street where the double doors are?
Is that?
So at 48th Street, a main entrance, you created a stairway, a blank wall, and a track.
I mean, just conceptually, that's not good, right?
And in terms of scale, massing, and context, it just does not work.
It just doesn't.
It needs to be rethought.
Okay, any other questions?
What's happening in the basement?
That is utility space.
And only the management company is going to have access to the basement?
um at the moment i think the program is a little bit unclear because we have the requirement i
think for bike storage so there's the potential for the public requiring access down to the
requiring access down to the basement for that additional storage so the elevator and one of the stair towers would go down we would we would closely analyze the building code about the maximum occupancy that occupant load that would be allowed down there but we were confident that we can restrict it in such a way that we would
basement for that additional storage how are they going to
not require both stair towers to go down to that level okay okay any other points so Hillary what
I'm going to think about doing with this is give it a result of hearing date I don't think we're
going to take it to planning right now because things may change the same thing with there
right so that's fine we can hold planning and public testimony for the resumption so council
will make a result of hearing great and you know you go back to the team and figure out where you
want to be with this the resumptive hearing will be on 10 6 26 at 9 30 a.m thank you
okay and please stand by here and i have another case thank you by the way
all right so number five mi 2025 006 975 2015 frankfurt avenue uh rachel please just state
your name for the record sure rachel pritzker right um see here uh could you identify that
your client a relationship to the property yeah so my client is uh xl2 llc yuri tomoschak
uh who is the owner of the property okay um
our vice chair has a few questions for you good afternoon have you submitted your documents and
exhibits five days in advance of this hearing yes and there's lots of refuses on this one as well
do you weigh the reading of the refusals and stipulate to their accuracy?
Yes. Similar to the prior project, we did make significant revisions to this project and did
provide a proviso plan form and updated plans. Okay. Thank you. You can share your screen and
proceed with your case. And chairman and board members, no thank you, Anita. When you make good
points, we have to take them. So I appreciate that feedback. I'm just going to share my screen.
okay this is a little bit of a complicated one so just bear with me
this is the original refusal for this project I do also want to note before I go through the
details that we have a letter of non-opposition from Councilman Squill's office and a letter of
support from fishtown neighbors association um the property consists of seven existing lots
uh 2015 2017 2019 and 2021 frankfurt avenue uh zone cmx2 um and 2016 2018 and 2022 set by the
uh uh i'm sorry to interrupt i just i do want to um acknowledge we have another attorney here i
believe for a protestant um if you want to state your name and be sworn in and indicate who your
client is my name is jordan rand my client is protestant dorothy correll resident next door
at 2022 set by the street could you do me a favor could you please spell your name
j-o-r-d-a-n last name r-a-n-d you swear or affirm to tell the truth the whole truth nothing but the
truth i do please continue rachel yeah i just want to make note for the record that we have not
received any information documents exhibits from mr ran or his attorney so procedurally we've had
no ability to defend any opposition to this matter i don't have any exhibits
okay okay um so once again um this property consists of seven existing lots um zone cmx2 and
RSA 5. On the Subviva side, the parcels range from 792 square feet up to 2160 on the Frankfurt
Avenue side. We propose a relocation of lot lines to create two parcels, parcel H and parcel I,
both fronting on Frankfurt Avenue, consistent with the City of Philadelphia Planning Commission's
determination of September 18, 2025. As reconfigured, both new parcels remain split between
CMX2 and RSA5 districts. Parcel H holds 4,320.2 square feet, consisting of 3,520.1 square feet
of CMX2 and 792.1 square feet of RSA5. Parcel I totals 4,080.2 square feet, consisting of
Parcel I totals 4,080.2 square feet consisting of 2,070 square feet in CMX2 and 2,010 square feet
of RSA5. Each parcel will contain a new four-story mixed-use building on the Frankfurt Avenue side
with a two-story reduced condition on the SEPVIVA side with various setbacks among SEPVIVA,
ground floor on Frankfurt Avenue of office medical dental health practitioner use in one
the ground floor spaces and multi-family residential units above along with roof decks
the application as originally filed is different than what we're proposing today in direct response
to feedback from the community and the rco and i'll go through those revisions but and
we've eliminated a number of refusals as a result specifically some of the occupied
some of the building height and some of the use in addition to the,
we reduced it from nine units on each parcel as opposed to 10 units on each parcel.
So reducing the proposed figure here on table 166022 and 4A12.
The D for the property.
Here is the zoning map for the property, Frankfort Avenue and Sebaiva in the rear, and as you
can see, the majority of the parcel on the Frankfort Avenue and some of the Sebaiva is
the CMX2 condition.
Again, Frankfort Avenue is a major commercial corridor in Fishtown with three segments of the split zoning that are RSA-5 on the Sub-Viva side of the street.
It's worth noting in this second zoning map that the conditions are not exclusive to RSA-5 on this side of Sub-Viva. You have a mix of CMX-2, RM-1, and portions of RSA-5.
this is an aerial of these properties
and the street view the block is a mix of commercial mixed use on the
frankfurt avenue side with some existing warehouses and garages
as you can see from the front view
again on the front this is a new construction that was approved by this board similar split
zoning it's a bit taller in height but similar idea with the commercial mix use so there are
conditions on this block on especially in the frankfurt avenue side being a commercial quarter
which this project was similarly modeled off of
this is the rear side there's a mix of three stories properties towards the left side and
then there's a mix of single family homes and warehouse conditions on the survivor street
there's no like continuity on the block it's not all two-story row homes it's a mix of
one-story warehouses two-story row homes and again three-story structures as well
is the other side of sub viva towards the left of the property
these are just the zoning posters
So the different portions in the code, again, some have been revised from what we originally proposed.
So as mentioned, some of these don't apply anymore to the project.
We'll go through the plans and identify that.
We did significant community outreach for this project.
We met with FNA at a preliminary meeting in December.
We then had the full zoning committee meeting, the community meeting in January with notice and proof of mailing.
We also, Ms. Dorothy's son is an attorney at Claire Harrison.
He reached out and attended the meeting, and we also separately met with him to see what concerns they specifically had around this project.
and then also we had another community meeting after we made a number of revisions to the project
in which we received a letter of support from FNA. It just included in the packet
Just included in the packet all the outreach that we did. It's still unclear to me from Ms. Dorothy and her attorney what the specific concerns are that are remaining. A significant amount of the project that was revised is the Sepviva side of the project, which you'll see to implement a 30-foot setback, a two-story condition on the front, and the aesthetic to look similar to single-family homes in consideration that that sort of snapshot of the middle of the block does have a
all the outreach that we did. It's still unclear to me.
lot of those two-story conditions we'd still be willing to work with miss dorothy and and
especially if there are any construction concerns for this project which we can understand this is
just the posting the mailing and again a lot of outreach most of the response from the other
attorneys was just we'll discuss it at at that meeting and then follow up from that meeting if
was any other concerns um that we could address just showing our willingness to you know collaborate
on this project
asking if there's a list of concerns or anything else that's missing
this is from the other second rco meeting that we had the proof of mailing
and my outreach to mr rand asking what concerns they're still up to i think a few days ago
this is a letter from fishtown neighbors basically requested continuance which we
did to allow for more time and then a follow-up letter from the second meeting with support for
the project and Councilman Squilla's letter of non-opposition as well there also are some letters
of support from the surrounding area there were others that were included but I only put ones that
were directly relevant just bring up the plans I just want to kind of go through the legal argument
a little bit. As mentioned, we substantially revised the project. The unit count on each
parcel was reduced from 10 to 9 dwelling units and the previously proposed off-street parking.
We originally provided off-street parking at the rear. There's existing curb cuts in garages, but
in order to have more parking on the street or not keep that condition, we removed the parking
as a whole, which would have been accessed from Zepiva, which was eliminated entirely along with
with the associated curb cuts.
We also removed portions of the proposed balconies
and substantially revised the building design
along with on Sep Viva to reduce the height
and massing perceived from that block.
Significant portions of the upper floors
are pulled back approximately 30 feet
from the Sep Viva frontage resulting
in only a two-story wall condition,
which our architect will describe in more detail.
And again, this resulted in support.
The majority of this project refusals result
from this mixed zoning condition. And also the special exception for the use or the variance for
the medical dental is due to overlay in CMX2, which doesn't allow for that. Although uses such
as childcare center, educational facilities, fraternal organizations, or hospitals would
generate a greater intensity of activity than a medical dental facility. So keeping that in mind,
And the 100 percent lot coverage is a condition found directly adjacent to this and given
the split zoning would on some of these lots result in random gaps of nine feet between
a commercial corridor and commercial properties and a single family home, which is not an
ideal condition directly adjacent to a commercial corridor.
And again, we also will change the project to include internalized trash separating out
residential and commercial which was across bicycle parking and wide and pedestrian areas
and street tree improvements on the frankfurt avenue side the comment on height just before
i know i'm taking a little bit longer but want to make sure i lay this out
there are adjacent structures specifically at 2023 and across the street that are 45 and 46 feet in
height we're proposing 44 feet in height it's a little bit of a slope and grade change as you
see on the frankfurt avenue side and then a reduction to two-story conditions on set by but
with that 30-foot setback this is also supported by the city's own adaptive plan for the area
specifically mentioning rezoning frankfurt avenue to encourage mixed-use development and again is
more in line with the commercial corridor conditions and the mixed characterizations on this
existing block um if we can bring on kevin o'neill um to go through the revival
If we can bring on Kevin O'Neill to go through their revised plans, I'd appreciate that.
Kevin?
Kevin O'Neill has been allowed to talk.
Thank you.
Good afternoon. I'm here.
i could you please state your name and spell for the stenographer kevin j o'neill apostrophe n e i
l l do you swear or affirm to tell the truth the whole truth nothing but the truth yes counsel uh
kevin can you go through the plans on my screen and uh specifically the some of the revisions
and site conditions as well. Sure.
Tell me when to stop. Okay, so we've got a couple of site photos just to give you an overview. The
top picture is Frankfurt Avenue. The black dash lines indicate the four properties along
frankfurt avenue the lower picture is the survivor street frontage uh again the black line the black
dashed lines indicate the uh the four properties where uh that make up our parcel on uh sup by the
street am i am i saying black dots on i don't i don't i don't see what you're saying maybe i'm
wrong that's the black dash lines okay all right all right all right coming down straight all right
okay yeah these are all part of our parcel all right yep
Zoning map on the upper left hand of the page, as Rachel already described, to the right is our zoning site plan.
And as you can see, what we're proposing here is a lot consolidation and subdivision of these parcels into two new parcels.
so currently there are multiple addresses and what we're proposing to do here is combine all
of this into two new parcels so parts of parcel h and parcel i uh parcel h
i've been to a lot of art
Parcel H is to the left, which makes up 2015 and 2017 Frankfurt Avenue and extends all the way
through to Sep Viva. 2019 and 2021 make up Parcel I and extend all the way through to Sep Viva
Street as well. Of note on this plan at the lower right-hand side, on the bottom of the page is
where we've made most of the revisions to this project from the April zoning meeting that was
held up to the, I'm sorry, the January meeting that was held up to the more recent May meeting
that was held. And we'll get to that in a second when we get to those slides. So I have floor plans
for all levels of the building. I'll briefly walk through those. Basement level, the orange hatched
area indicates the basement portion of the commercial spaces.
So we have two large commercial spaces facing Frankfurt Avenue,
and those are essentially bi-level.
So the lower level basement level of those commercial spaces will have storage and
mechanicals and things like that specifically related to those businesses.
The rest of the building in the front on Frankfurt is slated to be used for
utilities, meters, things like that.
And then in the back of the building on Survivor Street, we have storage and mechanical space.
So this is our ground floor level plan.
On the left of the page is Frankfurt Avenue.
You can see street trees, bike racks there, just for reference.
Again, the orange hatch indicates the commercial spaces.
In the back on the right-hand side is the residential units.
So there's one residential unit per building on facing step 5th Street, and we'll see that in the elevations and renderings a little bit later.
But this kind of gives you an overview of how that first floor is set up with our circulation, commercial space, and residential space.
I think also worth noting on this plan before we jump ahead is the bike storage room and also the trash storage room.
One of the concerns that was voiced at the community meeting was trash being removed on Step 5th Street, and so one of the compromises that was agreed to was that we would keep the trash rooms where they are, but the commercial spaces, the commercial tenants would have separate trash pickup from Frankfurt Avenue, and the rear would just be used for the residential units.
This is our second floor plan. The yellow indicates, the yellow and blue indicate different residential units. So there's actually a couple of shades there. I'll start on the left just for clarity.
So these are larger two bedroom units. I do have a table on the lower right hand side of each of these pages.
If anyone has questions about the square footage, I'm not going to go through each unit, but there is a there is a range.
We've got one bedrooms and two bedrooms. So these two units on Frankfurt Avenue are two bedroom units.
The blue units on the Sub-5th Street side are also two bedroom units.
And then the darker yellow on Sub-Viva Street are one-bedroom units.
So essentially, this is two buildings, and there are three units per floor on each of these levels.
So moving up to the third floor, this is essentially a very similar floor plan.
Where we start to differ here from the second floor is on Sub-Viva Street.
Again, we have that 10-foot setback that we have on Sep Viva Street so that our roofline and our cornice on Sep Viva Street more or less essentially match with the two-story buildings there.
So we were able to do that by creating that 10-foot setback on the third floor level.
The overall scope of that floor level doesn't change.
it's still the two-bedroom units on Frankfort Avenue, the two two-bedroom units on SubViva,
and the two one-bedroom units on SubViva as well. They're all just reduced a little bit in size
on the SubViva Street side. And then this is our fourth floor. This is where the most significant
revision took place. So what we initially had here was a floor plan similar to the third floor
in our January design, this more recent design, which was reached as sort of a compromise,
we introduced a 30-foot setback along Sep Viva Street.
So that added a lot of relief in terms of massing on the fourth floor level.
Again, you'll see when we get to the renderings and elevations that that helped create a lot
of relief at the upper level, but it did cut into the floor plan space quite a bit.
so we've now reduced the unit count. You can see on this level there are only four units instead
of six. So from January up until May when we made those revisions, the overall project unit count
went from 20 total units to 18 total units, and that split up between the two buildings,
going from 10 units to nine per building. This is just a roof level plan. The darker
hatched in wall indicates where the pilot house access would be and then the other two staircases
which are unhatched are sort of inset into the fourth floor level so we think that that's worth
mentioning because instead of having you know six pilot houses at this roof level we only have two
and we think that's a positive just in terms of reducing the overall mass and height of the
project and those two two proposed pilot houses are set back uh very far away from the street so
they'll be almost invisible from from the sidewalk level you would really only see those from from
very far away or from above so we think that's a nice detail to to keep the overall height and
massing down. This is our building section cut through from front to back. So on the left-hand
side is that Frankfurt Avenue facade that we mentioned, and on the right-hand side is the
Survivor Street facade, and the bubbled area indicates where our revisions were made. So again,
at the second floor level you can see we are now just proposing a two-story
massing at Subvivus Street and then on the third floor we're going up to a
three-story massing all the way back to 30 feet so there's essentially a 10-foot
setback at the third floor level and a 30-foot setback at the fourth floor
level that was again reached as sort of a compromise between you know based on
feedback we received from the community about the height being unwelcome or unattractive for the
for the scale of Sep Viva Street. So we feel that we responded well to that and were able to reach
a nice compromise. And then we can go through these briefly. This shows the Frankfurt Avenue
side, primary facade at the top. And then on the bottom, this shows
uh primary facade at the top and then on the bottom this shows the uh survivor street facade
and i think excuse me i think worth noting here um the intention was uh to take these
essentially two buildings and through the use of you know how we laid out the windows and the doors
and that sort of pattern we used, we've, in a sense, tried to recreate a series of two-story
townhouses here, even though it is a multifamily building that we're proposing. We wanted this to
at least aesthetically sort of emulate what little two-story townhouses would look like. So you can
see our four units or segments there. And then to the right, there's the existing two-story building.
And then further to the right is a three-story new construction building, very similar project, which Rachel mentioned earlier on, which was just approved within the last six or seven years.
Similar size, scope, and scale to our project.
This is our view from Frankfurt Avenue.
And I think worth mentioning here.
So on the right, there's that there's that single pilot house that we that I had mentioned a little bit earlier.
That would be the only thing visible there in terms of obstructions above the roof.
We're proposing a single material, solid white brick for the facade.
We think we've come up with a nice, attractive design that fits in on Frankfurt Avenue.
There's a nice, you know, an eclectic mix of different buildings, a lot of new construction in the last 10 years or so along Frankfurt Avenue.
and we think this will be a nice addition. There are some recessed balconies here. If you go to
the next slide, you can see how we plan to illuminate those at night and illuminate the
face of the building. So we think this will be an attractive addition to Frankfurt Avenue.
And then, so this is our view again from Seviva Street, as we discussed. It's two buildings,
but we've we've taken this window and door pattern and tried to emulate what uh what you know two
story buildings two-story row homes would essentially would look like there and we think
we think that blends in fairly well with with that sort of varied uh scale of survivor street
a little bit smaller and narrower than than uh frankfurt avenue and and with lower building
heights there. And I think our last slide here, I can, if you go down one more, if you would,
please. So this is just to give you the quick overview of what we changed in summary,
just to wrap everything up here. So again, from our previous design, we had a total unit count
of 20 and our current design that we're proposing is 18 probably the most significant change
aside from the unit count is the off-street parking so we were originally proposing curb
cuts and these sort of carport garage parking parking areas in our original design and we
received a lot of feedback that was unwelcome on on that block despite the difficulties with
finding parking in this neighborhood. It just what we were hearing was that the curb cuts are
unattractive. And, you know, losing on street parking doesn't really help anybody, even if we
are adding, you know, even if we would be potentially adding parking spaces under that
carport, it would result in a loss of parking to the to the local neighbors who live on set five
street um and so we eliminated all the proposed off street parking for the project and obviously
the view on the right is now the the proposed view there's no no garage doors no openings there
um it's just that that solid uh red brick facade that you see we also changed the color of the brick
uh to sort of blend in a little bit nicer with uh with some of the red brick houses that already
exist because we're really going over on time here so how much longer do you this is the last slide
i i'm just about finished said that before but go ahead okay um and then again just to mention the
uh fourth floor setback uh at our january design was only 10 feet and now on our current design
we're at 30 feet and hopefully you can see in these two images the way that sort of provides
a little bit of relief at the upper levels there the exterior exterior materials were revised and
the windows and doors were revised as i just described and that's that's all i have on that
last slide thank you um hillary wheeler across mr chairman
Mr. Chairman, thank you. Mr. O'Neill, let's talk about Parcel I for a second. Do you agree
with Council's representation that it consists of approximately 2,070 square feet that is
zoned CMX2 and 2,010 feet that is zoned RSA5?
I believe so I'd like to to see that if we could pull up that site plan again just so
I before I agree with what you're saying I would just like to reference the site plan if that's okay
the only thing I would object to is he's not the civil engineer so he didn't
provide the survey just the architect so okay that's the site plan
well if he can't do it he can't do it i mean it's as simple as that
he didn't yeah he didn't come up with those numbers that's from the survey
yeah could you could you just repeat the question maybe short-circuit it do you agree with me that
parcel i the more restrictive zoning designation applies and that would be rsa5
yes okay so is there some physical condition uh affecting parcel i that makes it that prevents
developing that lot as a single family home chairman i'm going to object this is not an
appropriate line of questioning for the architect this is why we're in front of the zoning board
adjustment and hardship is determined by the zoning board of adjustment which is why we're here
the architect created the plans the architect knows what is and is not viable on this site
but you're asking him about the zoning and restrictiveness which is determined by
lni and then the hardship is determined by the zoning board of adjustment
i agree with that part of it so why don't we just move on and if you object you object i'm asking
the architect whether factually there's something about this lot that made it not possible for him
to develop plans for a single-family home. Rachel? No, I hear you, and that's a question
for the zoning board of adjustment. We're here seeking variances, so we have to provide what
the hardship is to the zoning board of adjustment. You can ask the architect why he designed what he
designed, which is probably at the direction of the owner, but the whole case we're putting on
it relates to hardship try to move on mr o'neill why did you design a multi-family
structure on parcel i instead of a single family structure
well for several reasons that's what i was instructed to do by our client but i think
one of the primary reasons that that was considered is there would be significantly
less disruption to Surviva Street if we limited the number of total buildings that were built.
If this were six or seven different houses and apartment buildings, that would potentially be
a much longer construction project, more utility trenches, more sidewalks closed. I think the owner
as a resident of the neighborhood thought that this could be a faster, more streamlined, safer
project why didn't you design single family homes for 2018 sub viva and 2020 sub viva
when object this is asked and answered he just explained why he designed what he designed
mr chairman i'm just asking for the opportunity to establish a record of the factual circumstances
surrounding this plan i he did i believe he answered that one i really did when he answered
list, but I think it covers that. I really do. Was there anything that prevented you
from developing plans for a single family home on parcel I?
Well, I'm not developing them. I mean, I'm designing the buildings based on what our client
hired us to design. Also just going to object because the question is quite broad, Jordan,
and also it's why we're here in front of the zoning part of adjustment. We don't have to show
that the project would be obsolete or that there's no viable project at all. We have to show
hardship and we discussed the CMX2 zoning, the mix of RSA5, which is an existing condition,
and also the fact that the character of the neighborhood has provided multiple
buildings of this sort on this block which is part of my testimony which will get adopted by the
client mr o'neill can you identify any hardship that prevented you from developing
mr o'neill can you identify any hardship that prevented you from developing plans for a single
family home on parcel i again i'm going to object to this the architect is not responsible for
determining hardship that's why we're here in front of the zoning board of adjustment who gets
to make that decision i agree i have no further questions for you thank you um where do you want
to go next, Rachel? Yeah, I just would like to bring on my client. Right. And also just mention
that maybe this provides some insight that the redevelopment on a deep through lot like this one
with masonry buildings on both sides carries real construction challenges. So you have to consider
underpinning coordination, step foundation, modern structural floor assemblies, and stormwater
management infrastructure which is all necessary to build safely in a series of issues specifically
in the fishtown neighborhood related to multiple construction sites with next to single-family
homes or adjacent structures and so part of the design was to take that into consideration instead
of building seven individual properties that would be out of character two of which would be
four-story single-family homes potentially and the rest would be commercial mixed-use buildings
which would not be in character with the neighborhood also mentioned that we had
multiple conversations around construction and have and still express a desire and a
willingness to work with miss dorothy and her team through construction to eliminate
any concerns that she might have okay you're bringing on your yeah is there a yuri tomilchuk
Mr. Tom Yuschak has been allowed to speak.
Hi, everyone.
Good afternoon, sir.
Could you please state your name as Bell for the stenographer?
Yuri Tomalyschak, Y-U-R-I-Y, last name T-O-M-A-L-I-S-H-C-H-A-K.
Do you swear or affirm to tell the truth, hold you with nothing but the truth?
All right.
Rachel?
Yuri, have you heard my testimony today?
do you believe it to be true and accurate and do you adopt it as your own yes thank you um yeah
let me let me ask you this question how long do you think you need five minutes okay go ahead
mr tomolchek do you contend that denial of a variance will cause unnecessary hardship in this
case again i'm going to object the developer is not is not responsible for determining hardship
That's the responsibility of the Zoning Board of Adjustment.
It's also a broad question, as under the statute, hardship can take place in many different
things, both the existing character block, the peculiar nature of the property, the topography,
and financial considerations.
And we don't have to show that the project would be obsolete without the request and
that we're asking for the minimum variance required to seek relief in this case, which
we've demonstrated as part of this record.
You can't establish a hardship without the underlying facts. That's what I'm asking about,
and I can make it more specific. But you're asking the developer and applicant,
and the Zoning Board of Adjustment is the adjudicating board responsible for determining
hardship. We just present that to them. Which it will do based on the facts elicited
in testimony, which is what I'm trying to do. But I can ask a more specific question.
Mr. Tomilchek, is there a physical condition of this property that prevents developing
parcel i as a single family structure i'm gonna object again to the same question to this developer
we've presented testimony on this i think ms pritzker just argued that you can establish a
hardship in several three different ways really the physical condition of property financial
implications if i'm not permitted to ask anyone about the physical condition of the property or
the financial implications a i don't see how the facts necessary to establish a hardship
could be developed and b i have no opportunity to cross-examine anyone in any meaningful way
right um repeat your last question mr tomilchek is there a physical condition
of parcel i that prevents its use as a single family structure
just for clarification let him answer that question yeah just for clarification parcel i
is the consolidated lot for parcel i so that's the one that also fronts i just want to make
sure when he's saying parcel i what are we talking about because parcel i is
it's the parcel i you designated in all of the images you showed right so it's the street to
street property that fronts on frankfurt avenue you're asking why there's not one single family
home on that parcel correct okay i just want to show it for so
Correct. I just want to show it for. So this is what you're talking about. Why one single
family home can't go on this street to street. Who consolidated these parcels?
I'm just clarifying what you're talking about with parcel I. You're talking about this
consolidated lie. This is parcel I. Why once you're asking Uri why one single family home can't.
just clarifying the question so we could answer is there a physical condition of
parcel i that prevents its use for single family uh residents
so to to answer your question we can build one single family residence on a
what 36 by 120 lot yes who consolidated these lots to create the lot of the size that you just
mentioned by consolidating do you mean the zoning that we're going through right now again i don't
understand exactly you just mentioned the size of parcel i and i presume it's because you're saying
why would we build a single family structure on such a large parcel and i'm asking didn't you
consolidate the lots to create that condition i bought the all of the lots from one single owner
like that and this is what we're asking for in this case to be built okay listen to me
once you're done with this client you're going to bring your own client on and present your case
am i correct i i'm not going to prevent affirmative test present affirmative testimony
We are not going to prevent any affirmative testimony.
I'm here exclusively to examine.
How much longer do you need?
Because you told me this would take five minutes.
I thought I'd be allowed to have questions answered.
And that's why I feel like here's the thing.
Here's the thing.
I'm going to tell both of you.
You're like 40 minutes over where we should be.
There's other people waiting.
This is going to be a result of hearing.
That's okay.
Right.
Just, just chairman.
I'm just.
he is examining like he's like examining the architect and the client but i haven't heard any
concerns or standing related to like the neighbor who's affected by this or their concerns so
i i agree i'm just confused about where we're going with this that's that's something we'll
look at the next time we come back i i i have to i have to move on um this result of hearing will
be 10-6-26 at 9.30 a.m. Thank you, everyone. Number seven. MI 2025 007-692-1311 South 47th
street murder for liquor is the attorney counsel could you please state your name is spelled for
the stenographer? Sure. Meredith Ferliger, F-E-R-L-E-G-E-R. Do you swear or affirm to tell
the truth, the whole truth and nothing but the truth? Yes, I do. Could you identify your client
in relationship to the property? Sure. My client is Good Works Housing LLC, the owner of the
property, and that LLC is represented by Anthony Goodwin, who is sitting to my left. And I see
there's a letter of unanimous support from southwest philadelphia district and our
vice chair has a few questions for you good afternoon have you submitted your documents
and exhibits five days in advance of this hearing yes i did and do you waive that we didn't know
the refusal and stipulate to its accuracy yes i do all right thank you can see your screen to
proceed with the case thank you uh good afternoon members of the board uh in addition to myself we
We do also have our architect on the line from Fusa design in case there's any questions should they arrive arise.
The property before the board today is 1311 South 47th Street in Southwest Philadelphia, which is just off Woodland Avenue, and just a stones throw away from the river.
Today's application is to legalize 3 dwelling units that exist in the property.
importantly my client anthony is fully aware that following the board's approval that he will need
to obtain a building permit to legalize the physical conditions of the property and obtain
a certificate of occupancy as you mentioned we did receive a letter of support from southwest
As you mentioned, we did receive a letter of support from Southwest Philadelphia district services.
philadelphia district
As many of the attendees of that meeting, we're happy to see this formerly dilapidated property back brought back into active use.
Tax clearance is provided at exhibit 2, and then the deed to the property is provided at exhibit 3 showing that my client purchases property in October of 2021.
one. The property before you is located on South 47th Street between Woodland Avenue, which is
just to the left in this image here, and Linmore Avenue, which is just to the bottom of the
photograph here. I'll scroll through some aerial photographs here and just a couple of notes in
terms of the location and the appropriateness of the use so the north view that i have up on the
screen here again shows the properties right off woodland avenue and then from the east view here
you'll see that the block itself is relatively unique with only two residentially used structures
across the street and then the remaining structures that either face woodland avenue
or are directly to the right in this image are dominantly automotive in use and you can
see that across the street here to the left as well
the zoning map at exhibit seven shows that the property itself is zoned rsa5 but you can see
here that this rule this block and the property are largely sandwiched by cmx2 zoned properties
at either end, as well as the entire opposing side of the street here on South 47th Street.
I do have some photographs, let me scroll back up here, of the property so you can get a sense of
the property exterior, and then I'll also show you some of the interior as well. I will just note
here um that the front porch condition and that enclosed front porch condition is a long-standing
pre-existing condition of this property uh google street view images show that that condition
existed as far back as street view goes to 2007 so that was not a condition uh that that anthony
created that was something that existed here for a very long time so you can see here the photograph
The photograph on the right shows a view of the side of the property that leads into the backyard, and there is a 3 foot wide alley along this side that runs all the way out to Woodland Avenue.
And then if we zoom out a little bit, you'll see the proximity of the property to that automotive detailer next door.
from what i can glean it looks like that automotive property used to be a part of the
adjoining property that fronts on woodland avenue but at some point it looks like it was converted
into its own lot with its own independent use and then looking towards the corner at woodland
avenue again you can see the start of the more dominant commercial corridor in that location
And then again, you can see these conditions of the automotive and commercial uses across the street as well. And this view is looking towards Linmore Avenue.
And then again, just walking back again towards Linmore Avenue, this looks up towards the property facing Woodland. And then again, just a view of the property from that intersection at Woodland Avenue.
now if i back up real quickly to exhibit six we did include a couple photographs just to show you
the conditions of the property that my fat my client found it in when he purchased it
and as he can describe the property itself was already set up as two units with two independent
kitchens but as you can see here was was largely in an inhabitable state requiring fairly significant
significant improvement. I'll turn back for a moment to the current condition interior photographs,
and then I will also walk you through the floor plans. And actually, I think I want to do the
floor plans first. Let me give you a sense of what it looks like, and then I'll show you the
photographs. So the existing conditions floor plans, as you can see here at Exhibit 5, the
The lower level is unoccupied and is only used for mechanical use.
All three of these units are currently occupied with tenants.
Unit one occupies the entire first floor.
floor uh it is 616 square feet and as you can see here it is a two-bedroom unit
It is 616 square feet, and as you can see here.
with some utility in the back unit two is on the second floor this is a 483 square foot unit
and then unit three is on the third floor and that is a one-bedroom unit all three of these units do
have access both to the rear yard as well as to that upper deck that is shared off of that third
floor. And then let me turn back to the photographs because I think they're helpful to kind of
actually visualize what these look like, not in two dimensions. So the first photograph here are
photographs of that unit one where you can see the kitchen bedroom uh hallway and the uh in unit
laundry and then if i flip to the next page you'll see photographs of unit two which again is also
fully occupied as you can tell in the photographs and this is photographs of the kitchen living
areas and again the in-unit laundry and bathroom and then flipping to the next photographs you can
see photographs of unit three which is on that third floor and again you can see here the kitchen
living areas and the bedroom and bathroom and then you can also see a view of that shared upper deck
very briefly regarding the refusal because this property is zoned rsa 5 the application itself
was refused for the multi-family use however as i mentioned anthony found this property already
having been utilized as a two-family dwelling unfortunately there are no there is no permit
history for the property as the condition itself was already severely degraded and required extensive
of upgrades to make it habitable. Since the property already substantively existed separately
from floor to floor, Anthony completed the process to formally separate the floors into
independent units instead of undertaking the extensive demolition and reconfiguration that
would have been required to convert it to a single-family dwelling. Aside from the physical
conditions the property does suffer a hardship stemming from the multi-family context surrounding
the property including a multitude of properties on woodland avenue that are three and four unit
dwellings as well as this property's general proximity to commercial uses such as the auto
dealer immediately next door and the tool library across the street this block functions as a mixed
use environment that is well supportive of slightly added density and as always i did
include a map at exhibit 10 to visually support the character of this area that i have described
and in fact there seems to be another triplex application pending before this board
on this block again for use within an existing structure there's no information about pending
applications on atlas so i'm unclear if that is existing conditions or if it is a proposed
conversion but the point is merely just that this block itself is highly diverse and that
this particular triplex will not represent a deviation from the character of this particular
neighborhood we do submit that it would be a considerable hardship to convert this structure
to a single family use both in terms of the physical conditions that existed prior to anthony's
purchase as well as the practical reality that there are three long-term tenants living in this
property again as i mentioned anthony is well aware of his building permit obligations and i
do believe that this board has in the past added that particular requirement as a proviso
This neighborhood in particular is in need of diverse unit type availability and more flexible affordability, and these units provide a direct underserved need, which is ultimately why we received unanimous support from the community.
We did include a memo of law at Exhibit 11, establishing that the proposal will not increase congestion, harm neighboring properties, or impair light and air.
And at this point, I would ask the board chairman to swear on my client.
Could you please state your name, sir, and spell for the stenographer?
Anthony Goodwin, A-N-T-H-O-N-Y-G-O-O-D-W-I-N.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel?
Thank you, Anthony. Have you heard all of the testimony and evidence that I offered in front of the board today? Yes. Do you agree that that testimony was true and accurate and would you adopt it as if you had given it yourself? Yes. And just very briefly, if you could just explain to the board the physical condition.
yes and just very briefly uh if you could just explain to the board the physical conditions of
the property that you found when you purchased it um so it was a completely uh uh demo uh
vacant property um like it had it had two units already in there and then the third floor also
had like a bathroom up there so you know when we was renovating i just put another another kitchen
up on the third floor um but i put like i don't even know how much money we put in there well we
put like a lot of money to renovate the uh the building um we had tenants in there since uh i
think about three to four years but right now and they've been living in there for for like a long
time thank you okay and all this was done without permits right yes right okay all right all right
questions from the board yeah what year did you purchase the property uh 2021 2021 i mean i i
understand what we're trying to do here i think it makes sense for the rest of the block i would
say i'm tired of seeing llc's come in having done illegal construction having rented a property
without a license to come in and have us fix it i think like when it's a pro se still not great
but at least it's individual as a commercial operation i feel like i should know better
um and that we've got to be doing better in the city like understood board member but again my
my client is here he's voluntarily here he did hire council he's making the investment and he
does understand his obligation so did you have licenses at all to rent or you didn't do that
either no that will come after this mr chairman all right okay um so on the the pictures that
i see trash cans in the front is that where your uh residents store their trash in the front yes
okay and they have access to the backyard and they have access to the to the basement
can can we put the trash um in the rear yeah yeah that can go in the rear okay i mean it
makes the block look a little bit everybody has everybody has access to the rear yard or just the
first floor unit no can you go back to the plans yeah i can go back through that shared yeah let
me actually show you the photographs my bookmarks got me oh they have to walk there's yeah there's
actually an alley along the side as well so everybody does have access to the rear
is there an easement that's also on the property that's currently being used by the auto
usage i don't believe so no there's there's nothing shared between these properties so
is the property line like there's a bump out is the property line in where the bump out is
the blank facade of of 1311 or is there three feet into the asphalt that there is three feet
into the asphalt correct so i mean another thing i would say is like auto uses are not great i
think just for safety i would make sure you put a fence at your property line you know that makes
sense and so what what what was what was what was that what what change did you make to the
building in order to do the third unit because the unit you know in the first floor lays out okay
not great but okay the second floor unit is tight and then the third floor unit is just minuscule
so the third the third floor like when you walk up when you walk to the third floor
um it was a bathroom so I basically just uh opened that bathroom up like that room
and then just like we can go to the um ventures I can show you so when it so when it was a duplex
when it was a duplex the third floor was part of the second floor unit it wasn't no it was so I
I guess like somebody was just living up there because it was a you can look at that um bedroom
it was just a bedroom right there and then that open space and then it was a bathroom like it was
like it was in horrible condition like it was in horrible condition but it was uh separate it was
like separate up there as well as uh it was also a door right there as well so um they it was it
was it just wasn't a kitchen up there that was the only thing that wasn't up on that third floor
so it wasn't part of the second floor unit no it wasn't it wasn't a part of it go all right go
go ahead all right other questions questions from our attorney not at this time mr chairman
from the virtual audience or this audience here i see no hands chair plenty commission
my camera i can see you though thank you i see a hand raised excuse me oh sorry all right sure
bring him on bring the person on mr. Franklin you are allowed to speak mr.
Franklin could you please state your name and spell it for the stenographer mr.
mr. Franklin hello my name is Franklin
uh hello my name is franklin willoughby could you spell your name please for the sonographer
f-r-a-n-k-l-i-n-w-i-l-l-o-u-g-h-b-y do you swear or affirm to tell the truth the whole truth
nothing but the truth yes are you a neighbor no but i live in the area and i drive past a lot
okay please proceed okay so um when they moved there around like 2021 well when he brought the
property and i saw it being renovated um it made a big change to the to the neighborhood honestly
because when my mom used to take me to school i used to live um about five minutes away from there
and she would say how that block would always have trash in the front and it was just cars
coming out for the automotive shops and everything like that and once we saw that
he was renovating that property and making it feel better for the community
and once 2023 came and you know everything around that area and
everything started getting rehabbed and stuff I feel like he really made a
change to this area around here all right thank you very much for taking
time to close is there anyone else in the audience
i don't i see no hands chair plenty commission it's a hand raised okay oh
they put their hand down okay planning commission
good afternoon chairman david facto f-e-c-t-e-a-u with the city planning do you swear affirm to tell
the truth the whole truth nothing but the truth yes sir please proceed thank you sir uh chairman
and board members the comprehensive plan recommends no change to the rsa5 residential
single-family zoning at this location the city last rezoned this neighborhood in 1971
in a council supported map change the appellant has stated that the condition of two dwelling units
existed at the time that they purchased their property the third unit appears to have been
added without the benefit of permits city planning commission recommends the board grant the
requested use variance but with a maximum of two dwelling units now do you have any comments about
that uh only that you know as the photographs show here mr chairman i mean the the third unit
up here is a perfectly liv livable unit um there is a tenant in this unit that's been in there for
many many years uh and there's you know again this property is unique in that it does have
some ample open space especially with this deck right off this third floor unit so
all right MI 2025 007 692 1311 South 47th Street I vote yes with proviso certificate of vacancy to
be obtained Michael Johns my vote is sword in the rear right Michael Johns my vote is yes with
provisos cheryl gaston my vote is no tanita graham my vote is yes with proviso my name
mcadams my vote is yes with proviso tylen my vote is yes with proviso
so number eight and my 2026 001 010 2000 east cumberland street murder furliger is the attorney
you've already been sworn could you please just state your name meredith furliger and could you
Can you identify your client a relationship to the property?
I can. My client is Wolfpack Property Group, LLC, the new owner of this property, and that is represented on Zoom by Adam Lopate and Austin Haley.
There's an email letter of support from East Kensington and also a letter of non-opposition from Council Member Squilla.
um or why share us a few questions good afternoon have you submitted your documents and exhibits
five days in advance of this hearing yes I did and do you waive the reading of the refusal and
stipulate to us accuracy yes I do all right thank you can share your screen and proceed
uh Mr. Chairman members of the board uh this property before you today is 2000 East Cumberland
street which is in east kensington today's application is to legalize and improve
six dwelling units in the property as i will explain four of these units are permitted by
wright but my client requires relief for the remaining two as you mentioned there is a letter
of support from ecna in the packet at exhibit 17. tax clearance is provided at exhibit two
and importantly, particularly to board member Wynn's
Uh, and importantly, particularly to board member wins, uh, prior point, uh, the deed is at exhibit 3, showing that my client just purchased this property, uh, in March of this year.
Upon doing their sale due diligence and discovering the incorrect zoning status, my client initiated this application before they even closed on the property.
As you can see, the refusal itself is dated February prior to the closing. So they found
these conditions and they moved forward with this application right away. So let me start first with
some general site context and some background. As you can see here, the zoning map at exhibit 10
shows the property is zone CMX1. At exhibit 11, you can see some aerial images showing that
this property is located on east cumberland street right at the corner of emerald street
you can see here that this property is located proximate to several dense apartment complexes
particularly along emerald street
photographs at exhibit 18 show the existing exterior of this three-story building the
The building has three entrances, one from East Cumberland that you can see in this first image, and then two entrances off of the Emerald Street side.
The roll-up garage that you see next to this building is not related to this property in any way.
You can also see from this view that the property benefits from an existing ADA ramp that is going to be incorporated into the design that you will see.
from the Emerald frontage it does appear that the back half is an addition but from everything I've
been able to find in the history it looks like that portion of the building has been present
since the early 1900s despite what it looks like you can also see here that the property has a
small roof deck which surprisingly the former owner did get permits for and then you can also
You can also see here from the images that this property has a gated rear yard, which will be used for trash storage.
And then just for additional area context, flipping across the street is another multifamily property at the corner.
And then across Emerald Street is mostly vacant land with some newer construction single family dwellings on the next block of East Cumberland.
this next photograph looks south uh southeast along east cumberland directly next to the
property so you can see here it's a fairly uniform three-story block with predominantly these
the three-story brick structures and then looking uh from uh the opposing end of the block
on the 2000 block you can see there is a church at the other end of the street here
and then we did also include photographs of the timely posting
what i want to do is walk you through the existing conditions floor plans
and then show you photographs of how the units currently exist as you're going to see the
existing six units are extremely awkwardly laid out and part of the goal of this request is to
not only legalize the units, which will allow my client to apply for permits, to renovate and
create more functional layouts than exist. So we want to give you a sense of what they currently
look like and then what my clients intend to do in order to renovate them. So as you can see here
on the existing conditions floor plans, cellar is currently for mechanical use only. The property
has a central staircase that bisects the entire center of this building at the first floor there
are currently two units plus common laundry facilities unit one in the front is a one
bedroom with office and has direct uh a direct entrance from the front of the building and you
can see that very awkward uh design here what you're going to notice is that a lot of these
units were set up as two-bedroom units and and you'll see that in the photographs unit two
is a two-bedroom with office which has direct access from emerald street in the back
and then the entrance to the upper levels is that front door which you can see just off the ramp
on the second floor are units three and four which are each currently roughly 400 420 square
foot two-bedroom units and then again on that third floor the units are slightly larger but also
And then again on that third floor, the units are slightly larger, but also tight 2 bedroom units.
So I think this is going to be much easier for you to visualize in the existing conditions.
Floor existing conditions, photographs that I have here. I'll walk through them quickly and can always go back if there's questions.
as you'll see here these units were not renovated under the former ownership and are in need of
some fairly significant work although many of them are are occupied so the first unit here
is of unit 1f so this is that door that leads directly to east cumberland street
and then the second photographs are just of the bathroom uh and one of the rooms either either
the office or the bedroom it's a little unclear how this tenant was using it next photographs are
of unit two are so this is the door you see here that leads to the ramp on emerald street
and then i did also include photographs of the bedroom as well as the office
on the next page is unit three which is on the second floor front and you can see kitchen bathroom
living room, and the two bedrooms.
Unit four is the second floor rear.
And again, kitchen, bedrooms.
And then you can also see that exterior deck,
which is right off of this unit,
as well as the bathroom and one of the bedrooms.
And then moving to the third floor,
this shows unit five, which is the third floor front.
And again, living area and bedrooms as well as the bathroom.
And then the final unit is unit six, which is on the sixth, the third floor rear, which shows the kitchen and the bedrooms.
And then I did also include a photograph of the utility meters that exist in the bedroom, in the basement.
So as I mentioned, my client just closed on this property in March.
So the photographs that you see here are of the conditions that existed at the time of their purchase.
It's their understanding from speaking with the former owners that the property was renovated roughly 10 to 15 years ago when the former owners purchased the property.
In having their architect Logan dry, who is on zoom, go through the property. They quickly identified that these unit layouts require significant improvement.
because these units need work regardless my client would like to take this opportunity to
improve on these layouts so at exhibit eight you can see the proposed unit layouts which you'll
hopefully be able to uh compare in your mind to what i showed you previously uh to see that this
is quite quite a significant improvement uh these all of these changes can be accomplished without
significant structural work or modification to the existing unit envelope, which is important
here to minimize the hardship that would result from needing to alter the overall number of units
given that central stair that effectively cuts this property in half. So as you can see, the
cellar is going to remain for mechanicals and tenant storage only. And then that common laundry
area will be retained on that first floor for some of the units. Laundry facilities will be
added to some of the units that do have sufficient space for that. Because of the benefit of that
ramp, the first floor units are going to be converted into two type B ADA accessible units
made possible by that ramp. To the extent that the building code would say that that ramp is
not sufficient a lift will be installed unit one is going to be a nicely sized studio with
a renovated kitchen in unit laundry and ample living space unit two in the back on the first
floor will be converted to a 635 square foot one bedroom unit again also with that in unit washer
and dryer on the second floor the unit three is going to be reduced to a one bedroom unit
while unit four is going to be a large studio which will maintain exclusive access to that
roof deck if you recall these units as they currently exist are both two bedroom units
so these changes will greatly open open up these spaces for more modern living
and then similarly on the third floor both units are going to be reduced from
and then similarly on the third floor both units are going to be reduced from the current two
bedroom condition to one bedroom units with much more functional space all with ample light and air
throughout the building due to the corner location as i mentioned our logan is on the
line and can answer any technical questions about the revisions but importantly as you can see here
the building envelope has remained the same the unit envelope has remained the same and is really
largely dictated by that central staircase and again as you saw earlier and as indicated on the
plans trash will be stored via a gated area in the rear that was shown in the earlier photographs
so in terms of the refusal this is somewhat of a unique one because the property is zoned cmx1
and is adjacent to RSA 5, the application was partially refused.
Having discovered the lack of proper approval for six units, my client had two choices.
Choice number one, they could have filed an application to legalize the six units,
drawn a refusal for six units, and pursued relief from this board.
I believe many applicants would have elected that path.
alternatively cmx1 does provide a path for buy right multi-family approval my my client chose
that alternative path which involved filing this application utilizing the mixed income housing
bonus so as a result and as you can see at exhibit five one of these units will be deed restricted
affordable in accordance with the request of the community my client has also committed that a
second unit will be rented in accordance with the same affordability standards as are shown on this
form. So the result of choosing that path is that, as you can see on the refusal, four of these units
are actually now permitted by right, with only two of the units requiring requests for relief.
so again i point this out merely as a technical argument it is at its core still a legalization
request but my client did elect the path that significantly reduced the degree of variance
that would be required from this board so instead of considering six units you're essentially only
considering two i am hopeful that the layout and photographs we showed have clearly established
the significant hardship that would result from having to convert this property back to any less
units than the six that exist that said i do have a few extra pieces of information that should be
helpful exhibit 12 does show the permitting history of the property and although the former owner did
admit to renovating the property when they purchased it they only ever pulled a rental
license for two units now there is evidence if you scroll through the history here uh that the
property back in the 1940s was four units seemingly later a single family home in the 50s
and then a restaurant and a two-family dwelling in the 70s so it seems to have changed quite a bit
oddly enough ellen i cited this property many times over the years starting in 2009
and continuing all the way through the former owner's ownership but without any explanation
all of the violations pertaining to interior renovations were complied seemingly without
requiring them to secure a zoning permit so again regardless of all of this the hardship here was
not created by my client who took the steps to rectify the permitting issue even before they
closed on the purchase of the property and then beyond the history and physical conditions of the
property itself exhibit uh 12 show 13 shows that the multi-family use is consistent with the
context of this neighborhood particularly along that emerald street frontage which has significant
density uh mainly at the corners as well as i mentioned earlier on and is not shown on this map
the corner directly across from this on cumberland is also multi-family so again the operative
question for the board here is not whether the property should be permitted to contain a
multi-family use instead the question that we believe the board can answer in the affirmative
is whether it would be an extreme physical and economic hardship to convert the property into
four dwelling units where six currently exist we submit that the renovations proposed will
will dramatically improve the physical conditions of the property including two type b accessible
dramatically improve the physical conditions of the property including two
units one deed restricted affordable unit a second voluntarily reserved affordable unit
and otherwise a complete renovation that will improve the residential quality of both the
property itself as well as the block my clients both live and work in port richmond and manage
their properties themselves so the community was encouraged to see two local owners take this
property over and improve it for the foreseeable future as as always we did submit a memo of law
at exhibit 14 and the proposal will not increase congestion harm neighboring properties or impair
light and air we do submit we've complied with all other standards of the code and would respectfully
ask for the board's approval of the request today. At this point, I would ask for the board to look
for either Adam Lopate or Austin Haley. I'm not sure who is here. Do we see hands?
Austin Haley has been promoted. Thank you very much.
hello hi sir could you please state your name and spell it for the stenographer yes sir my name is
austin haley a-u-s-t-i-n last name haley h-a-l-e-y right do you swear or affirm to tell the truth
the whole truth nothing but the truth yes sir possible could you please turn on your video
i'm trying to figure that out here okay well why don't we continue then uh austin uh have you been
present and listen to all the testimony and evidence that i offered in front of the board
today yes ma'am uh and would you agree that that testimony was true and accurate and would you
adopt it as if you had provided it to the board yourself yes questions from the board yes um well
one i do want to say i think um while we can understand that the hardship is not on your client
it is the current property owner's responsibility to comply with the law and all the requirements.
So I do think the case here today is really around, like you said, the four to the six, right?
I think they're allowed four, they want six. I think a few concerns I do have about the physical
just layout of the property. One, I think this is a place that doesn't have much like open space
for it to be pretty dense I would like to see something else done with the
backyard other than its current condition and garbage I think having
six people and what's presumably a standard row house lot with no outdoor
space and we're not really using utilizing the basement is a very tight
conditions I think that being said you guys did a lot of work in the proposed
renovations to try to reduce the density I think by reducing the number of
bedrooms per unit I think a question that I have is which two units are you
anticipating designating as affordable that's a very good question I don't know
that we have actually made that determination yet that will be done when
they submit for the building permit in conjunction with the planning commission um austin i don't
know you you were uh you happened to stay at the rco meeting a little bit longer than i did was
there any discussion about which of these units would be the designated affordable we hadn't made
a i'm i'm sorry can you see me i'm not sure how to turn this camera on um
we hadn't made an official uh choice as to which one uh which two i'm sorry uh we're going to be
designated as the um you know as the the special housing um it would probably be
one that's you know going to be special housing let's call it affordability because you do have
a type b unit so let's be really clear what we're talking about here because there's two type b units
and two affordable units here my assumption would be that at at the very least one of the type b
units would be the affordable yeah i mean there i i don't think there's any question that that the
planning commission would request that as well so if if i mean if that if that's ultimately the
question i think that that is a a very very fair and reasonable assumption that that would be at
least one of the units okay so i mean i think two things one i hate when i see developers ask for
relief for affordable units and they make all the studios affordable because
they're the cheapest ones to build I do just want to state on the record that if
that if we're going to have two affordable units i would want to make sure that at least one of them
we're gonna have two affordable units I would want to make sure that at least
one of them is one of the single bedrooms
is one of the single bedrooms yeah absolutely yes yes and that that that is absolutely something
that the planning commission also looks at so they look at it but they don't always require
it which is why i'm stating that that is absolutely fair but i do think that given the physical layout
here uh that they would likely reject it being one of the studios so i think uh i think that's
an absolutely fair request. And then the second question I just have for your client is, have
they had any experience managing type B units? Austin? Managing them directly, to be honest
with you, no, but I know that, you know, when it comes to the renovation, we could, you
know, meet all the requirements, but having direct management experience with type B specifically,
No, not directly. But we do have a handful of other properties around the city. We have several years experience managing properties in general. So when it comes to type B directly, no, but it's nothing that we don't think we could take on.
I'm less worried about the ability to construct it.
I think, one, looking at these type B units,
having worked with PHA for many years
and had type B units all the time,
these could use some work.
I think also it's not super easy for them
to get currently to the laundry,
and neither of those units currently look like
they were the ones that had the included laundry.
They do.
These are actually the only two that have the included laundry.
Yeah, so if you look, try and zoom in a little bit.
oh yeah it's in that corner yeah these two do have it uh within their units so i would just
do i would make sure you do some research um because i think getting uh tenants for type
b units is the hardest part of managing the type b units and making sure you have a reliable
pipeline of where to source tenants from um and then my last question is was a market study done
at all uh before determining uh the layouts of the six units market study in what sense well
one typically type b units are better rented when they're two bedrooms so we reduced two
bedroom units while it did allow them to become type b to a studio into one bedroom which means
you're looking for tenants that are both in a wheelchair but also need zero assistance and live
alone um on and there could have been a pathway to combine those or do something in that space
that allowed for a larger unit so i can bring logan on if you would like but i know in having
extensive conversations with logan that the goal here was to take what the prior owner had done
and really try and improve it in in the best way possible and that you know that was ultimately
where a lot of this came from you know seeing the opportunity to take what was not previously type b
and incorporate that in um and you know really just try and take the physical envelope that existed
and you know improve them and modernize them i mean that that was ultimately the goal so was a
market study done no i don't think there was a market study done but um you know i know that i
know that logan and austin and adam's goal here was you know to to take what was here and to you
know do everything that they could to make this a much much much more uh you know livable and
modern uh and then we don't need to bring the architect back but i think the last thing is
just that currently all the utilities are in the basement with two type b units they're not going
to have access easy access to the basement so just thinking from a management plan how are you going
to support the management of those units of all of the meters and all of the hot water heaters are
going to be in the basement understood other questions um yes my question is um
are there any other six unit buildings in the area yes there's there's many in the area there's
there's many that are significantly more more dense so as you can see here um you know emeralds
this this property has more has dominant frontage on emerald street and you can see that there are
many many many dense apartment buildings right on emerald street six units 40 180 114 108 this uh
The red star is four, so there's a blue star that's nine.
So there's no others that are six, but there are quite a few that are significantly more dense than that.
But in this area, no other six?
On this block, on this block of Cumberland Street, no.
Okay. And what's the maximum number of units on this?
okay and what's the maximum number of units on this block uh there is one across the street
that i believe is either a duplex or a triplex it's a duplex is that an atlas yeah
and uh so um that's my concern my concern is that this was too dense to start with and
you're just shuffling it around and it's just as dense and four units is
what is called for and four units there's no there's no hardship here to support six units
so can can i have logan come on sure we're gonna have to move it i mean logan can't
go into a hole i have i have one particular question for logan to respond
okay can you guys hear me
sure logan dry l-o-g-a-n-d-r-y right do you swear or affirm to tell the truth the whole truth
and nothing but the truth i do counsel so logan the the zoning code here would allow for four units
But I think that when we think about that in a practical sense, what would that actually mean based on the current physical layout of this property?
So said in other words, how difficult would it be to convert this from the six that exist into four?
um i mean i think you'd be looking at uh pretty significant structural alterations and and to sort
of tie into your question and two points that i think uh brought up you know problem
logan you're breaking up can you turn your camera off hopefully that'll improve
is that any better yeah um yeah so so the thing that sort of bisects this building in the middle
is that switchback staircase that exists um so why that's problematic just in terms of you know
annexing or combining these units on either side of that to make that possible is sort of twofold so
for example on the first floor um indicative of when this probably had a commercial space
and at some point that first floor unit in the front that floor level is actually dropped down
about two feet compared to the back half of the building and so that switchback staircase creates
the division between the floor levels so one of the problems with trying to annex for instance that
front half of the unit with the back half is that now we're integrating a set of stairs
inside that unit so we wouldn't be able to meet a type b requirement for that one
um similar issue then when you get you know further up in the rest of the building the
problem is even if we were to reconfigure that staircase you know structurally to have to reframe
all of that flooring there still wouldn't be enough there there wouldn't be enough space
physically to get the staircase plus the landing plus then a three foot wide hallway to connect
for example the front half of the building with the back half to annex each plate into being one
floor so i think the idea was that given the fact that pretty much all the existing structure is in
place including that staircase and working with that split level of of uh floor plan on the first
floor you know that that's sort of you know where we arrived at you know okay it's already cut into
six units how do we get the best out of this in terms of you know making them livable but then
And also, you know, we thought a benefit was getting two of the type Bs on the ground floor, again, because of the ramp that existed.
But that was really sort of the hardship that drove this whole design and approach that we took, you know, whether it be that staircase bisecting the middle or, again, on the ground floor, the difference in floor height.
so you know we worked with kind of what was there and just improved upon essentially the
footprints that you know were really defined by that pre-existing staircase
any other questions
questions from our attorney not at this time mr chair comments from the virtual audience or this
current audience here i see no hands chair planning commission
good afternoon chairman david fechta with the city planning commission
chairman and board members the comprehensive plan recommends no change to the cmx one
chairman and board members the comprehensive plan recommends no change to the cmx1 commercial mixed
use zoning at this location the city rezoned this neighborhood in 2016 in accord with recommendations
in the comprehensive plan the appellant has stated the proposed six dwelling units is a pre-existing
condition and considering the enforceable affordable dwelling unit the city planning
commission recommends the board grant the proposed use variants um i hear what planning said but i
would like to just talk to the board members next Wednesday at 2 p.m understood okay and and um you
have one more case but there's someone ahead no worries right right he's been chomping at the bit
back there and I don't even want to say what Alan's thinking back there good afternoon bread
Please state your name. It's spelled for the stenographer.
Yes. Good afternoon.
Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania, 19103.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client and relationship to the property?
Yes. I represent Switchback Ridge, the Propco Group, which is the owner of the property,
AS WELL AS OSSV, WHICH IS A COMPANY THAT MANAGES AND RUNS TACO BELL FRANCHISE LOCATIONS HERE IN THE GREATER PHILADELPHIA AREA.
WE DO HAVE SOME LETTERS TO SUPPORT IT.
AND OUR VICE CHAIR HAS A FEW QUESTIONS FOR HIM.
GOOD AFTERNOON.
HAVE YOU SUBMITTED YOUR DOCUMENTS AND EXHIBITS FIVE DAYS IN ADVANCE OF THIS HEARING?
YES, WE HAVE.
AND THIS IS A REFERRAL.
DO YOU WAIT THE REFERRALS TO PLAY TO ITS ACCURACY?
Yes, I do.
Okay, all right.
Thank you.
You can see your screen and proceed with the case.
Looking for my name to come up here.
I don't think I've been invited yet.
Is Brett invited?
You say you weren't invited?
I don't think I've been invited yet.
There we go.
There you go.
There we go.
Let me get it.
Here my screen.
Yeah, I do, I do, I do, I do.
Yeah, that should be better now. Okay. Let's start again. Here we go. Um, good afternoon.
Brett Feldman, 1835 Market. I represent, as I said, Switchback Ridge, Provco Group.
When he could get that closure.
Provco Group. This is a special exception case. I'm with me today on behalf of Provco
and Switchback Ridge is Kent Silvers. Also with me today is Deepak Patel and Om Patel,
who are on behalf of OSSV Management, the Taco Bell proposed tenant for this location.
I'm just going to go through this. This is a special exception case at 6020 Fort Ridge
Avenue. We have exhibits 1 through 12, I could ask to be incorporated into the record. Includes
number one, a letter of support from the Central Rocks Pro Civic Association with days and
hours of operation that we do agree to, and the board sees fit to include that as a proviso.
So let me just get right to this here.
Probably a lot of the board members will recognize this location.
This is on Ridge Avenue between Lyceum and Martin.
It's a CMX 2.5 property, a strip shopping center right up against Ridge.
There is a Starbucks in there.
There is a Greek restaurant.
There's a painting store.
I think we've been here in front of the board over and over because CMX 2.5 requires a special exception for food uses.
there's also a pizza store there here's our special exception we received for this and
here is here's the location itself on an aerial
right here again that's our that's our center which is
Right here. Again, that's our center, which is a little bit unique because when we got this approved many years ago, we actually brought it right up to the front, which was very well received.
And we have a large parking field in the rear, which is important for our tenants here to have that type of parking capabilities.
Here's another view from the side, from the kind of Martin view.
here is what it looks like from ridge avenue we're next to us to the left with martin is a starbucks
and then our tenant space we were a t-mobile location we're not changing the size of the
of the tenant space it remains the same and then pictures of the rear the parking in the rear
here's interior spaces again keeping the space as is and we'll be proposing to retrofit this for a
for a taco bell um here is uh our floor plan uh we have uh access uh two accesses from the ridge
avenue um and there's on street parking there and also from the rear from the parking from the large
parking area you can come into the the restaurant from both locations uh we have 34 seats and then
standing table for five um kiosks for ordering um we shared this with the community um they're happy
to have this tenant space in his face full um the elevations we would uh in kind the tenant
the sign that used to be there uh t-mobile we're proposing it's not on this application but it'll
be the same the same sign there are some sign controls there and we were careful about making
sure that we we're also going to follow the sign controls when working with the community
there is um taco bell doesn't have a lot of that much venting but there is some kind of exhaust and
some hot air that goes through the roof that we shared with the community. We'll be utilizing
there's a well-worked parking and trash plan that has been developed in the shopping center,
and we'll continue to use that trash area in the rear that's enclosed. I just wanted to show that
that area in the rear here. And, uh, just a little bit about OSSV. Um, um, they have a number of,
uh, fast casual, uh, restaurants in the area, uh, with, uh, Deepak, there's a six, six Taco Bells,
I believe right now in the, in the Philadelphia area. Uh, the, the most, uh, two recent locations,
uh, the 1600 block of Chestnut Street, uh, which is, um, been up and running now for some time.
And then there's a former Boston Market in University City on Chestnut Street, which had kind of become a, I lived nearby, had kind of become a blight with the challenges of Boston Market, and they did a really nice retrofit there.
That's been a good addition to the community.
Here are some pictures of those other locations, most recent, the two on Chestnut Street, one in Center City, and as well, one in University City.
um and you know that's you know that's kind of um you know our you know presentation here as far
as the taco bell i think i think as far as the certificate case um we absolutely meet the
criteria for a special exception there's no drive-through the impacts here are um are certainly
not more than you would expect uh from a uh takeout sit-down restaurant they're actually
probably much less than most fast casuals because we don't have that drive-thru. We've got two
entrances. We've got a parking field. We've got on-street, off-street. There's a lot of parking
back there. A lot of parking. And then also just the tenant mix. And Ken can talk about this.
We have some tenants in the shopping center that are there during the day, the paint store,
and I think there's a hair place. And then Taco Bell and some of the restaurants bring more folks
you know for lunch and dinner in the evening so it's kind of uh you know some tenants have parking
demand during the day some have in the evening so it's a good mix here and um you know i think
we absolutely meet the uh so why don't you bring your client on absolutely adopted absolutely
sir could you please state your name and spell it for the stenographer debak patel d-e-e-p-a-k
last name patel p-a-d-e-l do you swear or affirm to tell the truth the whole truth nothing but the
Yes, Council great great and you heard my my testimony concerning how this new restaurant would work.
Yes, and the impact. Yes, and do you find them true and accurate?
Yes, there and you adopt them as your own. Yes, questions from the board.
Yes. What's going to be, oh, well, one, are you planning to allow delivery services like Uber Eats and DoorDash?
And then what's going to be the plan to coordinate those pickups?
Yes. Do you want to take that? Because we actually just talked about that.
Yes. So in the normal day hours, they're going to be having access from both regions.
in the normal day hours they're going to be having access from both the ridge avenue and
the rear access as well but uh depend uh based on the honoring the request from the community
we are going to be restricting the deliveries late late hours like after 11 only in the from the
front which will be the ridge avenue after 11 p.m after 11 p.m okay yeah this the the restaurant
will be open for um for take out and for the delivery pick up from 11 until 2 a.m and are
both doors open until 2 a.m no just the front just the front door so the back door will be on the
parking lot side will close no matter what at 11 11. yeah we there was a lot of discussion with
that with it and is there generally street parking on ridge avenue it's it's pretty good yeah that's
That's good.
It's not bad.
Yeah, it's pretty good.
Especially those late hours.
I'm just thinking like in late hours.
Well, that's what I was saying.
A lot of our tenants by the evenings, they're closed now.
But the parking lot is open.
Oh, the parking lots.
But we were going to do it from the front.
Other questions?
Questions from our attorney?
I don't have a question related to this project, but I just wanted to note for people
in the audience, but especially the virtual audience, I'm getting a lot of questions about
when the 3.30 list is started.
We appreciate your patience.
We will start when we are done with the 2 p.m. list.
We have four more cases on the 2 p.m. list.
Thank you.
Get our best to get to the 3.30 list.
You're fine.
Questions or comments from the virtual audience?
i see no hands to you planning commission thank you chairman and good afternoon david effecto with
the city planning commission chairman and board members the comprehensive plan recommends no
change to the cmx 2.5 commercial mixed use zoning at this location the city rezoned this neighborhood
in 1976 and a council supported that change the appellant has shown that the proposed takeout
restaurant will have no detrimental impacts to the neighborhood beyond what might reasonably be
be expected the city planning commission recommends that the board grant a proposed
special exception for a takeout restaurant mi 2026 001 580 60 24 ridge avenue i vote yes
michael johns my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes ryan mcadams
my vote is yes i win my vote is yes thank you sorry we took so long thank you okay i have your
time and consideration. Meredith. So sorry, you have to see me again.
MI 2026-001-584-3418 North 17th Street. Meredith Berlinger is the attorney. Meredith,
just for the record state your name meredith ferliger do you identify your client and
relationship to the property my client is the door llc uh represented here today by alex
mesendez to my left do you swear or affirm to tell the truth told truth nothing but the truth
yes i do our vice chair has a few questions for you good afternoon have you submitted your documents
and exhibits five days in advance of the series uh yes i did and do you waive the reading of the
refusals and stipulate to their accuracy i do although we did submit a revised plan and revised
plan proviso form which does eliminate one of the refusals and i'll address that in the presentation
okay thank you you can share your screen to proceed with the case okay
all right this request before the board today concerns 34 18 through 22 north 17th street
Your exhibit packet contains 18 exhibits.
Just to briefly summarize the basis for today's request, this application now only requests one variance to permit the proposed construction of a multifamily project on a nearly exclusively multifamily block, despite its current zoning classification.
As I mentioned, a previously issued refusal for height has been resolved via the submission of revised plans, and I will show that in the presentation.
The 3 deeds conveying these lots to my client are shown at Exhibit 3, and tax clearance is shown at Exhibit 2 for again each of the 3 lots.
starting first with the zoning map at exhibit nine you'll see that this block is zoned rsa5
with the northern ends up at west tioga having both cmx2
with the northern ends up at west tioga having both cmx2 zoning on the east the western side
and cmx3 zoning on the eastern side importantly the planning commission's district plan for this
area recommends that this block be rezoned to rm1 if i turn to the aerials at exhibit 10
you'll start to get a sense that this block has some fairly diverse structures and uses
while still maintaining some significant vacancy particularly on the west side of the block where
this property sits i will address some of the uses later in the presentation but just for
preliminary context the next more recent aerial here uh shows you the then recently construct
started construction immediately next door to this property and i do have some more recent photographs in the exhibits as well
so let me just flip right to those photographs and give you a better sense
the first photograph here shows the large vacant lot and then the right side of this is now under construction that you'll see in the next photographs
so the lot in question before the board today for this project is just over 5700 square feet
And then, as I mentioned, you can see in this next photograph that is much more recent showing the project that is under construction on the immediately adjacent lot.
Now, importantly, and I'll point this out in this photograph, the only single family home on this side of the block sits at 3416 North 17th Street, which you can see to the left of this photograph.
in your exhibits at exhibit 18 you will find a letter of support from that homeowner for this
project the next two photographs show the project that's under construction immediately next door
and that project will contain 23 units and just a couple of extra views these were taken a couple
of months ago so it's a little bit farther along now flipping across the street to the left here
you'll see the rear of verizon's building as well as the start of the three-story predominantly
multi-family residences that are across the street and then looking towards west tioga street again
all the buildings that are shown in this view are either commercial multi-family or religious
community use and then again at exhibit 18 you will find a letter from the religious institution
community center, noting my client's efforts towards contributing his time and resources
towards this particular community. And then flipping to the next photograph, you'll see a
view towards Ontario Street, where again, you can really see how much this block deviates in terms of
both aesthetic characteristics as well as vacancy. And then again, you can see here,
this is taken from tioga street so the verizon building is to the left and this property would
be on the right and then we did also include zoning posters that were timely posted
as with the last case our architect logan dry is on the line and can answer any questions about
the design but for efficiency sake i will summarize and then i can bring him on for
any additional questions that you have so what i want to do is just focus on the revised plans
and i will point out what changes were made from the original project that was presented to the
community so you can see here the revised project at exhibit seven and what you can see here is the
t-shaped building that is proposed for the lot with 12 dwelling units
let me zoom in on the zoning table for you where i'll point out just a couple of things
first as i mentioned the proposal was reduced in response to community concerns regarding density
and was reduced from the original 16 units that's shown on the refusal to 12 units that is reflected
on the revised plans now although we do submit that the original 16 units was well within reason
given the overall density of this block my client did elect instead to make significant revisions
seeking to compromise and appease concerns you can also see here that the proposal is underbuilt
for the lot covering only 70 percent the building itself will have a 10-foot front setback which
which matches the newly constructed building next door.
and then critically and again despite significant height to the right the proposal was also reduced
And then critically, and again, despite significant height to the right.
from four stories to three stories so it will now match the home at 3416 north 17th street
so that overall height was reduced from 40 feet down to 31 feet so that refusal is now eliminated
and then the pilot house and the roof deck were also removed we do have a rendering at exhibit
eight although i will just note that this rendering was from the original design
which will still be materially the same just cut one floor off
and again we did submit revised plans and a revised plan proviso form
now in terms of the layouts let me just bring up the floor plans here
we're given the reduction in size and density the building will now be predominantly slab
on grade with a small basement area in the front to accommodate mechanical space
on the first floor there is a residential lobby with a designated mail and package room as well
as a bike storage area on that first floor as well there are four units on the first floor
all designed as type b accessible units there are roughly two 615 square foot one bed one bath units
and two roughly 800 square foot two bedroom two bath units on the first floor there will also be
a designated fenced-in trash area in the rear that will, of course, have to be collected via
a commercial hauler, and you can see that in the floor plan here. Now, the unit layout on the second
and the third floor, let me bring that up, are roughly the same with eight two-bedroom,
two-bath units of about 840 square feet each. All of the units have in-unit washers and dryers
and ventilated trash storage areas furthermore because of the building design
all of these units have ample light and air from windows on all sides
now in terms of the refusal itself although my client does understand and completely respects
the community's concerns regarding density that concern itself is dictated from the nature of this
block and does establish the significant hardship that faces this property as you're going to see
i do have a few exhibits that will highlight uh that to construct anything other than a
multi-family project on this lot really on any lot on this block would be unreasonable and
unbuildable on a nearly exclusively multi-family block in especially in consideration of the fact
that this and prior boards have granted countless variances on just this block
first as i mentioned uh in my introduction the north district planning commission plan
recommends that this block and many south of it be rezoned to rm1 if zoned rm1 as the plan recommends
this lot would be permitted the exact number of units that is now proposed for this lot at 12.
this tioga area as you can see on the second page here was specifically identified as a target area
where the plan states that there should be zoning to encourage new commercial corridors on 17th
street as well as the redevelopment of vacant properties with multi-family uses this project
is entirely consistent with the plan goals and the density that would be permitted if this plan had
been put to action as it was recommended to be second i will not bore you with a page by page
recount but the zoning history that i included in your exhibits at exhibit four uh exhibit 12
shows that these lots were historically also used for multi-family dating all the way back to the
1930s with evidence of four dwelling units on at least two of the three lots
again this is entirely consistent with what is proposed today third as the board can see at
exhibit 13 let me zoom out a little bit on this i have included a map with my colorful stars
showing the density of surrounding properties which is entirely reflective of the evidence
that I've presented today on this property side of the block on the west side of the block
the block starts with a 45 unit apartment building then moves south to the church
then moves the church in a community center just south of that
then moves uh the church in a community center just south of that is a four unit and then
there's the 23 unit building under construction immediately next door that of course was granted
relief from this board and then even just south of that the board recently granted relief for a
triplex on just one of the vacant lots uh in that area and then just south of that is another four
units across the street is the same picture at the corner a zoning permit was recently we see it
yeah okay i go point by point please understood i just want to make sure that it's it's clear
uh and then again there's also the verizon building in the middle so again while my client
does understand that community members may be concerned about density in this area generally
we do submit that that concern should carry slightly less weight than it might normally
given the fact that this block and many of the surrounding blocks are dominantly multifamily
and are clearly not capable of supporting new single-family home development
it is unfortunate that the zoning remains in a state that is inconsistent with the dominant
character of the neighborhood and planning principles but this board has recognized that
clear hardship and has granted repeated requests for relief most recently immediately next door
and just south of this property finally just a quick note on parking although parking would
not be required some community members did question why parking could not be provided
as it is for the new construction immediately next door
uh at exhibit 13 i did include a copy of the plans for that project to show the critical
fundamental difference between that project and this one as you can see that lot has dual frontage
on north bouvera street which of course is a crucial reason that they were able to provide
parking uh through a one-way driveway that exists through the property that next door project with
23 units also does include ground floor commercial space which we submit will flourish with the added
density of this project just next door we do submit that the number of proposed units is the
least minimum as it is consistent with the density of the surrounding block and is also less dense
than the comprehensive plan would encourage on the lot provided that mixed income housing bonuses
were utilized. Furthermore, my client has also committed to the community that at least 10%
of the units will be rented to those with incomes at the 50% AMI level. And as the evidence has
shown today, the 12 units are well-built from a dimensional perspective to accommodate the
proposed density with mostly large and well-appointed two-bedroom, two-bath units.
although the 16 units would also have been appropriate here my client was amenable to
addressing community concerns and not only reduce the overall density but removed an entire floor
of the building as well given the evidence that we've presented today this compromise balances
the clear and unavoidable hardship facing this lot while still ensuring that the project is
compatible with the character of the neighborhood and as always a more detailed memorandum of law
is included at exhibit 14. if you wouldn't mind swearing in my client name and spell it for the
stenographer alex mozens a-l-e-x-m-o-s-e-n-d-z do you swear or affirm to tell the truth the whole
truth nothing but the truth i do counsel alex have you heard all of the testimony and evidence that
was offered in front of the board today i have would you agree that testimony was true and
accurate and would you adopt it as if you had given it yourself i do anything else that you
would like to add um i would just like to add that um we try to extensively work with the community
we um we listen and we do our best to engage uh the people from the actual community
You know, we have community meetings that we go to, that we attend, fundraisers.
We invest more than just in the building.
And I believe, you know, this is just a start to something much bigger and a lot better in this neighborhood and especially that block.
So you went from 16 to 12?
Correct.
So an entire floor was removed.
So that's effectively where that came from.
what questions from the board is that rendering shown is this the rendering show on the reduction
or it it does not know it's no it's late i was like wait a minute no no no no we didn't update
No, no, no, no. We didn't update the rendering because the aesthetic characteristics are materially the same. So just envision that that whole top floor will be removed. But the roof deck was removed and the revised plans that the board would stamp do reflect that height change. So it's not just that we're saying it. It's on the plans.
the rendering.
yeah all the questions where's trash i'm sorry yes no no problem so there's um ventilated trash
storage within each unit and then on the floor plans you can see there's also a designated area
in the rear of the property as well and it would be commercial trash pickup
what's the depth of the rear yard just the number's too small is it 12 12 feet it is
12 feet and do all tenants have access to that yard alex yes yes they do yes
and then i just because you know reading through all this one it does what there was an rco meeting
um it does sound like there's some protests in the neighborhood um what was the sense that you
got at the rco meeting about the concerns from the neighbors so originally when we presented the
original design. Everybody in the community was very concerned
about the density, the parking, and the, the fact that there
would be a rooftop. So specifically, the neighbor to the
left, and a couple neighbors across didn't want a rooftop
per se, because in the past, they've had bad experiences
with it or if they've heard of horrible experiences. So I listened to them. I kept
the first level at grade because the community was concerned about older renters and their
ability to access the building to be ADA compliant. So we kept it at grade level. We took away the
density of the fourth floor and then i closed off the roof completely so um after that um a lot of
the community members came out they were still obviously um concerned about the parking um
but with the the way the lot is situated i really i i tried to explain um you know that they were
offering me other properties to buy. If somebody's willing to sell, I'm willing to buy. But
I think from all the concerns that they had that I could physically change, I believe I did
everything in my power to redesign this building to be as comfortable for everybody in the
community as possible. And then just a question about the lot consolidation. Were all three of
the lots the same size roughly the same yeah any other questions did you did you say that
there were affordable units or no i can't remember yes okay did you say did you say
what the number was ten percent okay yeah you gotta round up only when it's
required if it's ten percent voluntary that's true that is true that's true
that is true you taught me that my only question is like open space some kind of outdoor space for
these tenants where is that besides this so because of the design of the building the the building is
effectively designed as like a t-shape which also improves light and air through windows but
But it does effectively create a yard around the entire basically around the entire building.
So there's not only the 12 foot rear yard in the back, but that that extends around the entire side of the building as well.
Okay. All right. Thank you. All right. Questions from our attorney.
Just the clarification. Did you see that the roof deck was removed?
yeah it's it is reflected on the uh proviso plans that we submitted okay i didn't see it listed as
a change on the proviso form so i know for a fact i added it is it is it not did i submit the wrong
version i can submit in a new version i that's yeah i've been asked logan oh no i'm i'm getting
yeah i've been asked logan oh no i'm i'm getting word it's on there i may have i may have looked
word it's on there i may have i may have looked
in the wrong version then i distinctly remembered making that change okay is there lighting around
the exterior that you mentioned the outside is there would it be lighting lighting in terms of
like actual building your lighting yes yes of course and we'll also have um cameras because
security was also a big factor for the community um that was something they're worried about um
We're going to have cameras on site.
We're going to have a special intercom system because they were worried about people coming in and out.
And so people that are not meant to be there.
I've heard and listened to the community about redesigning this building, you know, on a multiple of levels.
And I think, like I said, I've come up with everything I could possibly do in my power.
I think I've done it at this point.
Questions or comments from the virtual audience?
Hi, Chair. I see two hands raised. I will allow Len.
Do you have something to say? Well, you got to come up.
Len Majin to talk. We got someone here. You want to talk
about this case? Yeah. Yeah, come on up.
get close to the mic and state your name and spell for the stock nathan brown n-a-t-h-a-n-b-r-o-w
you swear or affirm that tell the truth the whole truth nothing but the truth
yeah mr brown are you a neighbor yes please proceed please proceed
My parents brought that house in 1953, and my brother and myself still reside.
It's a family home.
Most of that neighborhood has been single-family homes since I can remember.
Okay, understand their proposal.
The problem of parking is such a big thing in that area.
We have an apartment building at Section 8 on the corner of 17th and Tioga, and I understand across from where the Acme used to be on the east side of 17th Street, they're going to make another some kind of apartment unit.
and i think it's just it'll be very congested and i don't understand how parking is going to be
established for people that have been in that area for the longest and i don't understand why they
can't take the other adjacent lots and make those into parking lots you know to accommodate their
new building thank you very much for spending the time here we appreciate it all right you have any
questions anyone other hands len may jean i will allow her to talk yeah come on up
hi good evening can you guys know all right come on up ma'am uh could you please state
your name is spelled for the stenographer lanisha ratliff l-y-n-e-i-s-h-a-r-a-t-l-e-f-f
all right do you swear or affirm to tell the truth the whole truth nothing but the truth
i affirm all right um do you swear or affirm to hold on do you um um are you a neighbor yes okay
please proceed okay um this property is on rsa5 the applicant here today has not shown an absolutely
unique physical hardship that makes it impossible to build single-family homes attached to this lot.
Everyone involved in this project stated it was quote simply not economically beneficial for them
to build single-family homes. I also like to say that we want to ensure that the board isn't misled
by any letters of support. Our neighborhood held an official or an RCO meeting regarding this
proposal. The community formally voted no on July 28th. An independent unofficial meeting was held
at Eagles Wings Ministry to sway neighbors and overturn our official no vote.
We asked the board to note a severe conflict of interest as the developer of this project
has funded and completed extensive property repairs, specifically a new roof
and a fence on their host ministry's church.
Because of this direct financial benefit from the developer,
any subsequent letters of support after July 28th was greatly swayed by this community influence.
And thank you very much. You speak faster than anyone I've heard, so but I appreciate you taking the time to call us and give your opinion. Thank you very much.
Thank you.
Could someone put that mic closer to the person for us?
Good afternoon.
Good afternoon.
Could you please state your name and spell for the stenographer?
yes my name is pastor is lola blount i am the pastor of eagle's wings could you do me a favor
Yes. My name is Lola Blount.
could you just uh spell your name no no you're speaking spell your name for the l-o-l-a right
blount b-l-o-u-n-t do you swear or affirm that tell the truth the whole truth nothing but the
truth, so help me God. I knew you would say that. Go ahead, ma'am. Go ahead. Please excuse my
slutter. No, no, that's fine. Go ahead. But I sit here today because there were two meetings held
at my church, and I am very grateful for the community that came out and also for Alex that
came out to greet the community and um we also attended another meeting what i would like to say
is each side had the opportunity and did present what was on their hearts and on their minds
and i have to be fair in my conclusion um
i understood the valid concerns of the community in which my neighbor just stated out i also
heard and understood the effort in which the developers tried or not just tried but did
um bring to the table to show good faith toward the community concern
so i submitted a letter that did highlight that effort as well as open the door for the community
concern and i think that i've also seen other developers come into the community that has never
ever sat with the community in the capacity in which alex has done and that's to be respected
whether it's agreed on or not it has to be respected and i yeah so i just wanted to say
and i did submit a letter and i just wanted to to come up and not ignore neither side okay well
i i want to thank you for sitting here as long as you did and we really do appreciate you coming in
and we listened to every word you said thank you is there anyone else in the audience or
antonette fullard i will allow you to speak
hi yes can you hear me hi i can could you please state your name and spell for the
stenographer yes antonine fullard a-n-t-o-i-n-e-n-e last name fullard i'm speaking on the behalf of
uh the office of councilwoman cindy bass all right do you swear or affirm to tell the truth
the whole truth nothing but the truth yes i do please proceed yes i just wanted to um i just
came on to speak to what you know the community just stated um as it relates to the conflict of
interest i just wanted to share that we did receive an email about this and um just wanted
to say we we are we are definitely not against development but we want to make sure that the
developers are building trust with the community and you know not losing trust with the community
so we don't you know we we was told that there was a second unofficial um meeting that has taken
place and we i just wanted to you know speak on that because we just want to make sure that
people are doing the right thing and that they are not um losing trust you know with the community
um so i just wanted to share that all right well thank you very much we uh we do appreciate your
comments thank you you're welcome is there anyone else add him i will allow him to speak it's the
last person could you please state your name and spell for the stenographer guys it's ed ed hampton
uh e d h a m p t o n do you swear or affirm to tell the truth the whole truth and nothing but
the truth? I affirm. Are you a neighbor? I am. Okay. Could you please start your presentation?
Absolutely. Thank you for your time. I'd just like to piggyback off of a few of the neighbor's
points that were had. I think that with all of the development that's going on around there,
We currently have 66 approved units in progress.
And, you know, obviously, I'm not sure, you know, I wasn't a part of the prior RCO meetings prior to this development, but I don't think that anyone took into account parking and infrastructure.
And, you know, obviously I'm not sure, you know, I wasn't a part of the prior RCO.
Currently, there's not enough parking and infrastructure around there to accommodate the 66 units that's already approved, let alone another 12 proposed.
During the RCO meeting, we did make note that, you know, we obviously understand the importance
of development in the neighborhood, and we would not oppose three single-family dwellings on those
parcels. However, we are not in agreeance with any, you know, any more units, any more multifamily
units within a neighborhood. I'd also like to speak to the point that although I think
that it's awesome that the developer has been helping out the church on the block, however,
the pastor does not represent the community because she does not live in the community.
So a lot of the parking and infrastructure issues that we're facing, she cannot speak
to those so you know i just wanted to make sure that that was that that point was noted all right
thank you is there anyone else no hands here
good afternoon sir would you get closer to mike could you please state your name as bell for the
stenographer. My name is Henry Lee Blount, H-E-N-R-Y-L-E-E-B-L-O-U-N-T. Do you swear or affirm
the tell the truth, the whole truth, nothing but the truth? I do. Please proceed.
My family has been serving in that community ever since I can remember, over 25 years.
I grew up serving that community with my mother and my father, my younger brother,
and my older sister it's a part of my heart part of my blood and part of who i am and why i'm here
today there's been a lot of development in that community and there's not a lot of trust
but i did recognize something different this time around that i do want to communicate
this time around there seems to be a different spirit a different generation
of the support for the community the community events where food is being donated to
people in need by Mr. Alex where he's willing to invest in the community space
parking is an issue and I think that you know with some creativity some partnership
it maybe we can find a medium right because both the community and the development of the community
is important okay thank you very much for taking the time i know you spent a lot of time here
um are we done with the people in the uh and the trying to get in to speak yes here okay
planning commission thank you chairman and good evening david fecto with the city planning
commission chairman and board members the comprehensive plan recommends a change in
zoning at this location from rsa 5 residential single family to rm1 residential multi-family
the city rezoned this neighborhood in 2006 and a council requested map change under the
recommended rm1 zoning the appellant would be permitted 12 units the city planning commission
recommends of the board grant or proposed use variants mi 2026 001 584 3418 north 17th street
i vote yes per review and proviso per refusal issued 3 18 26 revised plans
two pages stamped by zba on august 5th and maximum 12 units
michael johns my vote is yes with a provisos
cheryl gaster my vote is yes with provisos
canada graham my vote is yes with provisos
bian mcadams my vote is yes with provisos
bian wend my vote is yes with provisos
thank you thank you um we have three cases left
i'm going to take mr knockamson then i'm going to back to go to mr vaccaro
and then we'll do the last case, okay?
Mr. Nockmson, we know you've been there
at least a half hour waiting,
so why don't you just come right up?
You get to learn some things.
M.I. 2026-001-764-1648 Cadwalder Street.
MI 2026 001 764
Alan Nockamson is the attorney.
Mr. Nockamson, could you please state your name and spell for the stenographer?
Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and relationship to this property?
My client is JT NoLib LLC. Behind me is this member, Evan Thalheimer. To the left of me is his architect, Jackie Gusek.
Our vice chair has a few questions.
Good evening. Have you submitted your documents and exhibits five days in advance of this hearing?
I have.
And do you waive the reading of the refusal and stipulate to its accuracy?
Okay, thank you. You can share your screen and proceed.
All right. So I'm here to present 1648 Cadwalder Street. I have to say this is one of the more interesting projects I've presented in some time. It's a very unique lot of almost a thousand square feet, but it looks like a pizza slice, right? And I really have to hand it to Jackie that she made it very interesting architecturally and very effective in terms of use.
i hope the board will approve you know this project because i think it's worth you know
building uh so we're proposing to have a duplex at the corner of fourth street and cal cadwalder
streets i have 12 exhibits in my presentation like i said i have evan in the back he'll adopt
my testimony in terms of some of the factual components of the presentation uh jackie i want
here because i i think it would be very interesting for her to show you the thought process of this
project and like i said i really hope that the board ultimately concludes that this is a project
uh worth building uh so you know this is an rsa 5 property the property is approximately a
thousand square feet is a regular shade blot for the refusals we can't prevent we want to put a
roof deck up there and jackie's going to walk you through this but we actually gave you a buy right
option of how to put a roof deck up there it's insane like there's no way you can do it um and
you know or not functional it's basically two catwalks and the roof deck access structure is
a shape i've never seen before for roof deck access structure so i do believe we have a
hardship in that respect in terms of the duplex um again i we believe that this is the best use
possible for this property to to make it actually be built it's a corner property it's a regular
shape i don't think given the the how it's a regular shape it's going to be conducive for
single-family use and i think the architectural design by jackley actually makes it really
interesting for someone to for two separate units to to be in that property and you'll see that
um letter of support so we met with the south kensington community partners group they are
sophisticated rco like i those board members are you know real estate professionals that are
designers that are architects and they're very and they know their neighborhood and they were
very supportive of of this project as well as the community and that's why they gave a letter of
support here and then we also got a petition of nearby neighbors uh i would say 1646 which is
right next 1646 which is completely adjacent to us which would be the property most directly
impacted by this project is in support of it 1647 51 which are across the street and we have other
properties that are nearby as well between a petition and letters of support and then it's
not out of character to have multi-family structures here i have a list of them we have
1643 Cadwalder, which is across the street, which is three units.
We have 330 Cecil B. Moore, as well
as 320 Cecil B. Moore, 1613 Germantown Avenue, and 1621
North Port Street. Maps of the area. So you can see
again what I'm saying that we're built, we're configured like a pizza
slice. We also are surrounded by
multi-zoning classifications, including but not limited
to cmx2 rm1 i1 as well as irmx you know we're near north american street cecil b moore uh
germantown so there's a lot going on in this neighborhood and i think this will be an
interesting introduction to this block of of architecture uh in a way uh again this is a
picture of the property um you know that we we found on google street view there's a lot of
legal parking on this property so you know one of the things to do is like build something here so
So, you know, one of the things to do is, like, build something here so it prevents, you know, to have an issue with public health and safety by people illegally parking on a corner property of this type of tip.
it prevents
And then this is the property from 4th Street.
And this is the property. It's been a vacant lot for some time. It goes as far back as 2015, according to Google Street View.
And then this is proof of posting on both public streets, both 4th Street and Cadwalder Streets.
This is, you know, Cadwalder Street to the right of the property, to the left of the property,
North 4th Street to the right of the property, and to the left of the property.
And then these are our plans and drawings.
And then, so, Jackie, why don't you please state your name and spell it for the stenographer.
Jackie Gusick?
Let me get a little closer to the mic, I think.
Jackie Gusick, J-A-C-K-I-E, G-U-S-I-C.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Counsel?
All right, so Jackie, we have a rendering on the screen right now.
Can you just tell me a little bit about this rendering in terms of materials being used
and, you know, I guess orientate the board about which street this is?
So this is the 4th Street View, which is the quote-unquote rear of the property.
But as stated, it's a triangle shape, so there's really no rear.
But this is where you see the yard that is accessed by the lower units there in the center.
And in terms of materials, we're really looking to maintain the character of the neighborhood.
So we're interested in using a red brick.
They're doing it in a more modern way by stacking it vertically.
And then we really want to emphasize the corner because this is such an interesting lot.
So the corrugated material on the left in this view is really emphasizing how we're treating the corner as a box that is kind of overhanging the edge, which helps us get floor area, which is otherwise very difficult to get because of the triangular nature there in the apex of the triangle.
Yeah, and you also created like an open area in the middle of the property for light in there and to have even more windows.
exactly and that's really where the yard is located so it's providing light and
air a lot of windows and on multiple sides of the rooms which you know you
don't get in a row house but this presented a new unique opportunity for
us to do that because of this site yeah and then this rendering also shows to
where the trash area would be for the lower level unit that's true so it's a
behind an enclosed screen the lower unit has easy access through the yard the
upper unit does have a ventilated trash closet within their unit and then they
would have access to this enclosure you know once the closet became full they could then walk around
but it's not something they would use every day all right and then i'm showing this next angle of
the uh rendering so can you just explain you know what you did here yep so this is highlighting
really that corner box um emphasize creating a focal point because you do you know you come
across this site in a very different way because it's um on the angular street and so it's a nice
way to highlight that corner create a beacon the tree you saw in the existing photographs really
is a landmark for the neighborhood they talk about that a lot um when we met at the rco meetings so
this provides a different type of landmark for the community yeah and then we do see some um uh
now i'm losing my egress wells thank you um you know can you just explain your what you know your
the purpose of those egress wells and the size of them you know in terms of the lower level living
yes so the lower level does have two bedrooms and we wanted to really make sure that we were making
those friendly spaces not your typical basement bedroom so here you're seeing a typical three
foot by three foot size egress well but on the other two um streets there is a i'm sorry that
rendering is supposed to be a double um window well so instead of having a three by three well
we're having a six foot by three foot well and we're making sure that a significant portion of
the window is actually above grade so it's like a fixed transom our lower unit sticks above the
grade three feet so that you're really experiencing a window within the space that's not just below
the egress well below the sidewalk level yeah and we'll go over the site plan because i believe on
my notes that were above grade three feet 11 inches is that correct yes the first floor is
three foot 11 above the sidewalk and then also the basement ceiling height according to my
calculations was nine feet high correct all right and it showed this rendering can you just explain
what this is yeah so this uh is the cadwallager street elevation and each unit has its own
entrance its own stoop so its own presence on the block um the one on the right in the view is for the
The one on the right in the view is for the lower unit, and the one on the right is for the upper unit.
You would enter there and then walk up a flight of stairs to your two-
You made sure that the windows were rather large so the occupants in these properties would have a lot of light in there themselves.
Yes, we're really going for a light and airy modern feeling to the apartment units.
all right and then i obviously this is just and i think this kind of explains and shows the more
expanded egress well yes you could see there in the bottom of the screen that it's a double size
and this is the this is still steps this is actually the rear of the property but this is
the garden area for unit number one correct that is their outdoor space and they can get
in and out through those secondary steps correct right and then you know this is just i guess the
the main entryway at just a different angle yes all right let's go through the uh site plan right
so um i guess the first thing is we want to confirm the dimension so that's the three feet
11 inches out of the ground right yes this is the nine feet of ceiling height right then the first
and second floor are each 10 feet and the upper third floor is nine feet where the bedrooms are
located for the upper unit and this is the roof deck access structure which is getting all these
refusals because they're the regular shape of the lot correct all right and we'll go through that
right and then if you go here um this is that rear yard you know that open area right yes is
there anything else oh and this is the open space that you've created to kind of respect the fact
that that tree used to be there and you're trying to recreate that open space and the introduction
to that point right we did not get a refusal for open space because we were carving all these
pieces out of the existing lot so we do meet open space requirements gotcha
right is there anything else on this on this site plan that we need to talk
about no we'll get to the pilot house all right all right all right so I guess
the one thing we can just talk about is just the the egress wells they show the
size and dimensions that you stated correct so you'll see the double units
there on the two longer elevations and then on the shorter tip of the triangle
we do have this single three by three as well all right is there anything else on here that the board
may want to know before we go to the next slide you know the neighborhood really had a lot of
commentary about vegetation and so there are a couple of locations you'll see where we have
built-in planters because we also agree that built-in vegetation is really nice and so that
was something that we made sure to incorporate based on their feedback all right great all right
let's go over the floor plans here so let's go for the first floor plan first floor floor plan
um which which one you want to start with the upper unit or the lower unit all right so from
the plan south you would i'm sorry from the plan north you would enter that unit so they have the
uppermost uh entry door and stoop uh each unit has two bedrooms this unit is a two bedroom one
and a half bath with a you know very nicely sized kitchen and access to the yard each unit also has
a washer dryer unit within within their unit all right so if we walk in go up the steps to get in
the entryway is that a coat closet here everyone each one has a coat closet like a powder room
which is built into sort of that narrow part of our building and then opens up to the right to the
kitchen dining space and then where the property gets larger we've taken
advantage with the living room and that also has direct access to the yard and
and then that's a secondary area for the yard right right all right and then you
can see the egress wells this this rather large egress well here and here
as we head down the steps to go to bedroom number one bedroom number two
there's a walk-in closet there's a hall bath this is where the washer and dryer is and this is where
the HVAC unit is all right let's go up to let's go let's instead of doing unit number one let's go
to unit number two so that's that second door right the southernmost entrance she walk in again you'd
have access to a closet right there for your coats so perhaps your bike if you wanted to get it off
the sidewalk and then you would access your unit through the stair immediately to your right you
You would come up, and again, the kitchen and dining are kind of in that top part of
the building where we're expanding, getting some extra floor area with a bay configuration.
There's also a powder room on that level and a decently sized living room.
You would then take the stairs from the living room up to the second floor where you have
two bedrooms, each with a bath, and one has a walk-in closet, the other one is a very
generous uh front load closet and there is a mechanical and laundry room on that floor also
oh and i think we did miss this it's trash is this right here the trash closet yes all right
trash is this right here the trash closet yes all right there you go and now you go up the flight
there you go and now you go up the flight of steps
of steps the flight of steps to the pilot house um we've put the sort of unoccupied mechanical
part of the roof towards the front and then um the usable roof deck is towards the back again
where we have um a better width of the property so we have a usable roof deck is there anything else
Do you have a diagram?
Yes, that's the next thing.
All right.
So show me.
This is what we have, right?
And then this would be a by-right project.
So it's allowed by-right.
So you'll see that very tiny triangle that's furthest down is where we could locate the
pilot house using setback requirements as they exist in the code now.
It's seven and a half feet to zero.
You can't really put a stair in there.
And this is basically almost like a catwalk, right?
because it's like you could have the allowed deck because of the setback requirements and what's the
width do you remember well they're they're like five foot legs by i don't know maybe 30 feet yeah
but basically you have five feet of width right correct which is basically how we're sitting next
to each other yes okay all right and then we had the rco meeting notice it was a well attended
meeting again a very sophisticated group we emailed that notice as well these are the address these
We sent it to 132 addresses, proof of mailing. These are the addresses we sent it to. This is our application for zoning variance, our notice of refusal, our project information form, our deed to the property, showing that JT, no lib, LLC is the owner of the property.
and then finally a certificate of tax clearance um i would just ask that evan come up here be
sworn in to adopt some of my other testimony that was not architectural in nature okay
sir could you please state your name and spell for the stenographer evan e-v-a-n talheimer t-h-a-l-h-e-i-m-e-r
do you swear or affirm to tell the truth the whole truth nothing but the truth counsel evan you heard
everything i had to state today about your zoning matter yes is it true and correct yes and do you
adopt this your own testimony yes thank you questions from the board uh yeah i do um first
first off i just want to say that this is a i thought was a very thoughtful design for that
corner um i think the um artful use of light windows and airiness to create some outdoor space
is unique right question what is the material that's used for the fencing in this in the rain
screen we're looking at using a perforated metal i'm sorry this is the reporter could
get closer to try to get a little closer sorry uh we're looking at a perforated metal
okay um the one thing the two criticisms that i have one is on the corner it would be great to see
some some additional fenestration at that corner right whether it's a window on the first floor
or something where that kitchen is the second thing is you're only three feet out of the ground
you've got a nine foot ceiling which puts you six feet below grade i think you could you could pull
that basement up at least another foot or even more to give you well no you're you're you're at
three foot you're at three foot you're at you're at three foot above you're three foot one to the
three foot two right to the top right so i'm saying if you pull it up some more you get even
some more light and you won't be six feet below grade right um so but but overall in my opinion
I think it you've done a good job. Thank you. Any other questions?
I think I would second that comment. That was going to be my comment about the egress wells.
I think while you've done the best you could with the rest of the spaces, you have two bedrooms
in that lower unit and they have a very different light quality than the upper units. Does it not
have such a difference between the two? I think the second question I had was about the sort of,
guess the front yard or the the triangle um what's it's with where it begins and is there a plan to
enclose that with a fence and have that be sort of accessible by the tenants i don't so i'll i don't
think the intention and correct me if i'm wrong jackie is to have it enclosed was more to keep
because the neighborhood appreciated that tree there and it's just to respect that open area for
then more so for the neighborhood we talked with the neighborhood group about that quite a bit
there was you know do we fence it in but then if we fence it in people are just going to throw
things in it um do we differentiate the sidewalk there to somehow sort of like pay homage to the
fact that it's still part of the property and um you know the neighborhood didn't have a really
strong like you you have to do this so i think for now we're keeping it open and you know it's owner
you have to do this so i think for now we're keeping it open and you know it's owner operated
operating
building so over time maybe that'll develop into something different depending on how the community
ends up using it i think the only thing i was thinking is that like while you did the best you
could it's a very small shared yard um and so to be able to have the tenants be able to also use
that front portion if they needed to then you have two differentiated spaces so just to clarify it's
a shared yard the yard is for the lower unit gotcha first floor unit got it and here are the dimensions
board member when uh you know for the six feet eight inches at the tip and then maybe 10 feet
maybe 11 feet there at the other when it touches the building okay is the plan to i know um you're
losing that tree that is beloved by the neighborhood are you replacing it with other
trees is that the trees are along the side yes we are um we will have at least three trees
um but of course we'll get as many as they'll let us have okay thank you questions from our attorney
not at this time mr chair comments from the virtual audience i see no hands chair planning
commission thank you chairman and good evening david fecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the r5 residential
potential single-family zoning at this location the city rezoned this neighborhood in 2016 in
accord with recommendations in the comprehensive plan at this time this block at that time this
block had been zoned single-family since 1978. this is an oddly shaped triangular lot at 960
978 square feet this lot is only slightly larger than the 960 square feet minimum size required in
rsa 5 in the fifth council or seventh council district sorry uh there is no unique physical
condition or circumstance that prevent it from being used as single-family dwelling
however the lot's shape and dimensions would lead a reasonable person to believe
the dimensional relief would be required to enable its use so the city planning commission
recommends the board grant the proposed dimensional variances but deny the proposed
use variance for two dwelling units so mr chair i would state again that because of the regular
shape having a single family lot it would be very difficult to design it that way it is a corner
property there's nearby multi-family uses and i think given the unique architecture here i think
it's something that we should embrace uh for this project thank you mi 2026 001 768 1648 cad wall
cadwalter street i vote yes michael johns my vote is yes cheryl gaston my vote is yes
tenetta graham my vote is yes ryan mcadams my vote is yes all right so alan you were right
it was a good presentation and it was great thank you looking forward to it being built
all right and it was the scale alan
yeah come on i thought you were gonna you didn't work yourself in there i don't i was looking for
that like everybody's laughing we love when you work yourself into these things
all right 601 devro avenue joseph vaqueira
and then we'll come back and we're going to take a break
Mr. Vaccaro
Mr. Vaccaro has been allowed to speak okay thank you hi Mr. Vaccaro sorry we took a while to get
back to you we had a few here okay not a problem all right um you've been sworn in am I correct
yes I have and this is a resumptive here and we want to update about where you stand right
Right. And if I could just start sharing my screen, and with the board's indulgence, if I could just stay off of video, I guess, as it may have happened.
Just to get it to work, that's all.
Right here, just to get it to work, exactly. If I could, where is the, where's the button now to share my screen? It was right here.
it should be there it should be there I don't see I see transfer to room settings show captions
transcript Q&A raise hand and chat oh good god
oh okay
Oh, okay.
Now that I'm a panelist, I should be able to share.
Okay, can you see the post?
It's coming up.
It's coming up.
Okay, fine.
So very briefly, I'm just going to scroll straight down and zip through. Here's the posting, the most recent posting that was done on the property, as well as some additional photos of the area.
Previously, there was a shed and a bunch of other materials. Melody has removed the shed from the property, as well as most of the material. She's cleaned it up to make some additional space.
And here are some revised plans that go to board member Wynn's concern that was raised about parking. I could zoom in on that area.
so my cursor well here it's labeled Bingham Street so the traffic would go in the direction
of the arrow make a right turn this shaded rectangle is is a vehicle that would be a
representation of a vehicle turning right and then turning right to the area right under the
existing rear deck, which would be above. If I could zoom in some more, it would be eight foot
wide by a 16 foot, 16 and a half foot vehicle that would be able to park in that area. Then
in order to leave, it would back out into the alley, just follow the arrows, and then we're
following the arrows back onto Bingham Street or go through the alley over into the next street.
If I could stop sharing this and then I could also show a rendition of what we hope
the project would look like at the end of everything should the board grant this variance.
here you go so here's the rendition here would be the completed deck after the reductions yep okay
so that's on Bingham Street side the roofing material has been removed then the deck has
been reduced in size there's space for vehicle but obviously the plan shows the vehicle in the
uh parked in the area under this other deck again with the roofing material having been removed
i'll show you another view here's another view here's another view from bingham street
another view from bingham street and here's the view from the alley so with that uh i understand
that the board still needs to have a tax clearance certificate my client would work as expeditiously
as possible to get that tax clearance certificate and we would hope that the board grant us the
requested variance and we thank the board's questions from the board grace and courtesies
so where is this parking supposed to be not as you're showing in the rendering you said but in
other space right my cursor is floating over that area it's right under the
existing deck in the rear two cars here oh one or two cars obviously the the
there's ample parking there's ample parking on Bingham Street as well as
Devereaux however the the renditions they do show that there's space for one
spot over here and another spot over here and where's the curb cut oh there's already an alleyway
in the back ms graham okay so what you're showing here is that you don't you don't need a curb cut
or where are the pictures this is the rendering where's the well the pictures i've already uh
the pictures at our earlier hearing, there's already an alleyway in the back
that provides for parking for the whole block. So there's already a curb cut on
the alleyway. I could show you that if I'll stop sharing this and I'll
go back to the to the other photos that I showed.
here we go so here's there's already a curve
cut over the shaded rectangle a little bit since i saw this so i'm just okay no that i understand
i understand so so the curb cut would be right over here goes to the alleyway we don't we don't
see anything further down at the other end of the block ah okay do you see it now
I see the, I see a plan. I don't see. Okay. So, there's a curb cut over here. There's a curb cut immediately to the left of the rectangle, which is a representation of the vehicle. If I could scroll up, further up, I'll show you some other photographs. Let's see what we have here.
there's a curb cut immediately to the to the right okay the right of the photo
which is what is which is what exists now
okay thank you my pleasure the questions on the board i just want to have a question because i'm
I'm comparing photos and the photo you have is different than what is in Google Earth and Google Maps, which is from not even a year ago.
So I just want to confirm that there was demolition done by your client for the shed at the rear of the property, and that there will be further demolition of the enclosed rear addition on the second level.
right here we we do need to have a permit to demolish all the high sections of that white area
i just want to clarify because right now your rendering is different from your drawing is
different from the photos is different from google maps well the photos are showing what's going on
now that rendering is the is at the end of everything sure but the rendering is also not
correct to the drawing so it's also misleading so um and without a demolition like a cleaned
demolition plan it's and with all all of this being overlaid on a single zoning document it's
hard to decipher so what we are going to put back is there'll be the one surface parking lot the one
surface parking lot is going to be covered by the by the replacement rear deck and that is what
you're indicating for the parking spot because you're you've correct okay and i do just want to
point out because i know you said well another car could fit there and your drawing shows that
it shouldn't be able to fit like based on the width you should not be able to fit another car
there also based on the structure and where you showed the structure to support both uh now that
the decks are split uh you should not be able to fit another car there against the fence
and still have clearance all the questions
we're not voting today anyway questions from our turn of our attorney um not a question but
mr verkauer we're gonna need revised plans um in order to vote on this as well um because
i see that the the side the deck on the side has been shrunk from the original plans also the
covering that was originally proposed for it has been removed as well so those things need to be
noted on an updated set of plans and submitted to us with a proviso form before the board can vote
on this okay um just for the record if those were submitted at the last hearing i'll just resubmit
them again along with the proviso form okay yes so we might not we yes and they need to match the
set that was submitted to lni which looks like to be about four pages understood yeah all right
questions from the virtual thank you i see mohan's chair planning commission thank you chairman and
good evening david vector with the city planning commission chairman and board members the
comprehensive plan recommends no change to the rsa5 residential single family zoning at this
location the city rezoned this neighborhood in 1975 and a council supported map change
There is no unique physical condition or circumstance that would prevent this property from being used in strict conformity with the zoning code.
The City Planning Commission recommends the board deny all proposed variances.
Okay, so we're holding the vote on this, right?
We're not going to give it a date, right?
Once he, and everything's closed, right?
Except for what he's turning to you.
Well, we do like to put dates on things.
Oh, sure.
Yes. So, Mr. Recaro, do you think you could have the plans and taxes?
um Mr. Vaccaro do you think you could have the the plans and taxes issues addressed by September 2nd
absolutely okay so we'll schedule this for September 2nd at 2 p.m all right thank you very
much thank you thank you thank you all right number 12 MI 2026 002 329 6409 Woodland Avenue
Darlene Threat is the attorney.
A letter of support from Southwest
Consortium of RCOs.
We're going to take a break.
Good evening, Commissioners.
It's Darlene Freed on behalf of the applicant, Mamie Sartney.
Could you please first state your name as spelled for the stenographer?
My name is Darlene, D-A-R-L-E-N-E, last name Freed, T as in Thomas, H-R-E-A-T-T as in Thomas.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I have a letter of support from Southwest Consortium, RCO, group.
our vice chair has a few questions good evening have you submitted your documents and exhibits
five days in advance of this hearing yes i have and do you waive the reading of the refusals and
stipulate to the accuracy yes i do okay thank you you can share your screen and proceed with your
are you able to see my screen it's coming up right you it's up down yep we see it
uh good afternoon commissioners i'm here representing the woodland produce market today
My client is Mamie Sardney, accompanied by her son, Dali Confumba.
A commissioner, as I filed a use application permit to the zone license and inspections to legalize an addition, which was added on to this property.
I did submit a host of documents contained therein are the syllabus.
the uh commit application refusal the appeal property information form the deed general
property information tax information plans pictures proof of mailing he has letter and
i did supplement my presentation today with the letter i got from the 34th ward this morning
Commissioners, my client purchased this property back in 2021. She had the opportunity to work
here for many years, and then she had the opportunity to purchase it in 2021. Immediately
after she purchased it, she started getting broken into this property. She had her freezers
located in the rear of this property and they were um enclosed by a fence uh after her property uh
got broken into several times she did hire a contractor to enclose the freezers in the rear
once the contractor began work uh ellen i came by and indicated that she needed a permit to get this
work done. Unfortunately, the contractor led her to believe that he had actually gotten a permit
and came back and finished the work. Thereafter, she got a zoning violation, which is why we're
here in front of the zoning board today. Commissioner, this is where the property sits
on the block. It's called Woodland Produce Market. It's on Woodland Avenue in the Commercial
district right next to it is a cousin's food market and to the other side of it
is a Jamaican restaurant if you look at this little layout here you'll see
almost all the stores on the block are built back almost to the property line
I'm certainly thought she was doing the right thing she actually did hire a
contractor to enclose the freezers in the back of the store unfortunately she
didn't know enough to ask the contractor to actually see the permit uh here is the layout
of the building this was the original one story uh building and this was the addition which was
built to enclose the freezers and the addition was actually built back to the property line
this is how the store looks in the front here's a picture of the posting
Here's a picture of the posting, just another picture of the posting, but here's the interior of the store.
Thank you.
It's really just a straight back store. This is looking from the front door all the way to the back.
I'll show you the room in the back a little later where the freezer isn't closed.
To the right, she has some freezers for her perishable items.
To the left, excuse me, in the middle, she has some fruits and vegetables.
And to the left, she has some goods.
Her cash registers are here at the front of the store.
She employs five people from the community.
Her hours are 9 a.m. to 9 p.m., Monday through Saturday.
This is a picture from the rear of the store looking out to the front.
This is a picture of the back room, which encloses the freezer.
As you can see, it's a very, very large freezer.
There's a little room to the side of the freezer.
This is the exit to the rear.
There's really no rear yard.
When you exit in the rear, you're really exiting into the alley.
uh i wanted to give you a side view of the property so you can actually see
the addition this is really not actually our building you can't really see it our
building is a completely one-story building this is the jamaican restaurant next door
but their addition is about the same length as our addition our addition is right next door
and this is the little like breezeway alley in the back of all of these properties you can walk
through here it's kind of yucky but you can get out through the side this would take you right
out to 64th street this is actually simpson street um it's the opposite side of the block
i put these pictures in here to show you where all the businesses here store their trash
We store our trash in either the first or the last garage door here.
We have commercial trash pickup.
It's picked up twice a week or more if actually necessary.
This was a picture.
Let me just slide it over a little bit.
There we go.
That was the proof of mailing. I did notice a meeting on July 28, 2026. I sent flyers to 131 residences.
This is the letter that was circulated in advance of the meeting.
And this is just to show you our trash storage. I did add these pictures after I submitted the presentation last week.
and i did get a letter from the 34th republican board today it was just an email letter and it
did show that uh we had the meeting i believe there were two other rcos that attended but not
many residences and they supported the project completely and that's all i have for you today
commissioners thank you do you want to bring your client on and have your testimony adopted
Ms. Sartney, can you raise your hand, please?
Do we see a hand?
Mr. Kafumba, are you on the line? Can you raise your hand, please?
No, I don't see any hands.
Darlene, you're an officer of the court. We will take your testimony.
Questions from the board?
what is what is in the addition in the addition houses just the total freezer it's a huge uh
freezer i'm going to scroll down to the pictures okay
This is the addition and it houses.
This is the back door.
This is the addition that houses a really,
that houses a really really large freezer and that's the only thing that's in the addition
really large freezer.
it's just the freezer it's a commercial it's a big commercial a freezer which originally i really
thought i could remove to comply but it's not removable and it's very very very expensive wow
yeah and and and he's using this your your client uses this yes my client uses this to uh store uh
perishable goods uh she really needs this freezer to uh operate her business she is right next door
to the cousin's supermarket and she is uh competing for a grocery business in this area
gotcha okay all right thank you where's this freezer in relationship to the the garages that
you showed in the other image well the garages are around the corner um the freezer is in the
back of the building let me just scroll up a little bit more or do you or do you have another
photo of larger context because i think it's very zoomed in all you can see is a portion of the
freezer and the the rear door yeah these garages are actually on simpson street um it's the next
block it's to the left um they're not attached to the store at all um they're just spaces for
these commercial businesses each of them i don't know if they rent them or what but they do have
separate units each of the stores to store their own uh trash thing so this is actually 64th street
through all the way through here is a really small app excuse me this is simpson street i'm sorry
all the way through the back here is an alley that goes out to 64th street let me see if i have a
better picture this is just a close-up of the alley from actual 64th street those garages are on the
next block they're actually on Simpson Street and I could have had a better
picture but I don't so if a person like from the rear door next to the alley I
mean start from the rear door next to the addition you would enter into this
alley and exit out on 64th Street you could exit out on 64th Street I don't
think you could get through that alley honestly I tried to Simpson Street but
you can exit to 64th street okay and then do you have a site plan that shows this addition in
relationship to the rear property line did i miss that yes i do okay
is there anything else in this edition because the addition in drawing looks larger than your image
Well, it really was tight, Ms. Wynn, so I could only kind of walk up and take that picture in the back. There's a little bit of space in front of that freezer before you come into that room. I would say maybe six feet or something like that.
right but like your image shows the addition coming out proud of a doorway to this property
and this is showing the addition being the entirety of the remainder of the lot so where's
that door on this site plan so this is the existing one story correct all right and there really
should be a door right here on the back here and there should be a cutout correct isn't there
it's there's a cutout right yeah so this drawing is not depicting what is actually happening in
real life is that freezer actually 51 feet wide what long i didn't hear that i'm sorry so the
freezer is 51 feet long according to uh this diagram yes i know but looking at your photo
it looked like it was like 15 feet so that's why i'm i'm asking for clarification
maybe it is i don't know yeah sure that should show the door that's not the only thing that's
contained in the back room uh i i apologize i don't have the actual dimension but the only
thing in the back room is the freezer it does sit back up against the wall and there's a little bit
a space in front of the freezer but not much okay and there's nothing else happening back there not
garbage nothing else happening back there uh during it during the day uh they may uh before
the end of the day they may store some trash back there but then they walk it out into the
the trash storage area on Simpson Street and place it there in the E.
trash storage area on Simpson street um and place it there in the evening time okay questions from our
attorney not at this time from the virtual audience I see no hands here any commission
thank you chairman and good evening David Fecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the cmx2 commercial mixed
use zoning this location this commercial corridor still carries its original 1933 zoning this
building addition appears to have been built without the benefit of permits the city planning
commission recommends the board to deny the proposed dimensional variances
and my 2026 002 329 6409 woodland avenue i vote yes michael johns i vote yes
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Ryan Wynn, my vote is yes.
Is there anyone in the audience whose 2 p.m. case has not been called?
I see no hands.
We're going to take a five-minute break, and then we'll...
Good afternoon, everyone.
my name is bill bergman and i will be chairing this meeting of the zoning board of adjustment
with me is our vice chair tanetta graham president mr chairman our board secretary
cheryl gaston president mr chairman board members michael johns
he's he's here taiwan mr chairman and ryan mcadams president also present is our attorney hillary
emerson this hearing is being recorded and will be posted on the zba website by participating
you agree to be recorded this is an in-person meeting with remote participation whether in
person or on zoom if you're called to speak please state and spell your name then wait to
be sworn in once you've been sworn in in the future just state your name each time before
testifying to enter your appearance um indicate the proposed the property address on your zoom
webinar speak with a staff member call the zba office by the close of business tomorrow
215-686-2429 and provide your name email and the case address remote participation
raise your virtual hand when when directed to speak when we call on you make sure that you
click the join as a panelist button use the q a only for um procedural questions don't ask
questions about the case itself if you're joining by phone press star nine to raise your hand and
star six to unmute. Let's look at our schedule. Number one, MI 2024 006122 814 Brighton Street.
Frank Turner is the attorney. We have no updated exhibits. I'm allowing Frank Turner to speak.
good afternoon hi mr turner could you please state your name and spell for the stenographer
yes frank turner f-r-a-n-k t-u-r-n-e-r do you swear or affirm to tell the truth the whole truth
nothing but the truth i do um mr turner this is uh we still don't have any updated exhibits
and this is the fifth listing could you give us a sense of what's going on with this case
Yes, my apologies. I sent the exhibits earlier this afternoon around noon. I got an email back from, it was listed as board council, saying that it could not be heard today because you guys had not received the exhibits.
I suggested that it might be in everyone's interest to actually hear the merits this afternoon.
They reiterated that you would not be able to hear that.
I would ask if it's continued.
We're going to continue this case?
Is it possible to continue it to maybe the August?
So listen to me.
This is what we're going to do.
We're going to continue this to 12-6-26.
6 at 3 30 p.m. and what will happen is uh if you can if you need to get in earlier then you're
going to have to call the office and see what they can do for you okay i understand thank you
I understand. Thank you very much.
very much all right thank you so everybody knows that case is continuing
All right. Thank you.
So everybody knows that case is continuing to 12-6-26 at 3.30 PM. Number 4.
MI 2026-001-103-2102 Bridge Street.
Zen Jin is the listed attorney. This is the first list and we have no exhibits.
Excuse me chair. I think that case should be continued to 12, 16.
Okay, 12, 16.
26. Thank you.
Okay, so, um.
Do we see Mr. We see Zen's hand anywhere.
No, chair. I do not see the engine in the audience.
Okay, so this case will be continued. MI 2026-001-103-2102 Bridge Street. It will be continued until 12-16-27 at 3.30 p.m.
Right? 26?
I have to put it on the clip. It's on the slip.
Okay, thank you. All right.
Number three, MI 2026, 001-093-1968 North 31st Street, Christopher Dean is the attorney.
Christopher Dean has been promoted to penalist.
good uh evening chair afternoon mr dean could you please state your name is spelled for the
stenographer christopher dean last name d-e-a-n all right um do you swear or affirm to tell the
truth the whole truth and nothing but the truth i do yeah you're taking a place right here
oh our vice chair our not our vice chair our board secretary has a few questions for you
how's that good afternoon counsel um did you submit your documents and exhibits five days
in advance of this hearing i did and do you waive the reading of the refusal and stipulate to its
accuracy. I do. Then you can proceed with your case. Great. Thank you. Hopefully everyone can
see the screen. I have the pleasure of representing Stephanie Tarkenton, the owners of 1968 North 31st
Street. This is a narrow request to legalize an existing duplex, not expanding it. We're not
expanding the footprint of the building. My clients bought this building actually just last
October as an existing duplex there were no modifications that created the
issue here today my clients were happy to reinvest in a community where they
actually had in fact Kevin had Kevin's family ran a convenient of a market BT
and sons for nearly 20 years in strawberry mansion the requested
variance is the minimum relief possible it authorizes no new construction no
additional unit no changing of the footprint the blueprint it simply preserves the existing
residential building in its present form the use is compatible with the neighborhood because it
remains residential and does not intensify the property and it preserves the below market rental
homes and strawberry mansion in fact my client offers rent at 11.25 a month which is we believe
$200 less than the average PHA rent.
The affordable rents are not a
hardship argument, though. The existing building physical configuration and the burdens
of having to convert this to a single family are.
The hardship was not self-graded. The relief is minimal. And the existing duplex
will not harm the health, safety, welfare of the neighborhood's character.
So if I could just go through my exhibits, and I do have Stephanie on, and our
architect is here in case there's any questions uh ben from pace in case there's any questions
about the design so i want to go through your documents sure but remember we have all your
documents so um if you had drawings and pictures would make it easier all right so i'll just go
through the existing floor plans um there's a picture photos of the property um excuse me
there are i'll get the units up there are two units two floors um each is a one bedroom the
Each is a one-bedroom.
The first floor is a 650-square-foot unit.
first floor is a 650 square foot unit
The second floor is a 728-square-foot unit.
It existed when my clients purchased it.
There's a rear staircase that leads, I'm sort of highlighting right here, on the first floor that leads to the second floor.
And the trash for both units is held in the rear yard, and there is nobody occupying the basement.
Each unit does have a kitchen, bathroom.
Each unit does not have a washer and dryer, though.
This area is mostly RSA-5, but there is some RM-1.
This is just the tax clearance for my client.
This is a copy of my client's deed, showing they purchased it just last October.
this is the notice of the refusal copy of the appeal and the project information form historical
zoning this actually was a commercial this is just an old from the zoning archives there
actually was a this was a part residential part commercial historically before the the area was
rezoned. Here it is on Atlas. The orange area is the RM1 in the area. This is a corner property
as well. There's a copy of the zoning appeal that was posted. These are actually some of the
photos my client has made cosmetic and aesthetic improvements to the property without having to
um without having to increase the footprint at all so these are some of the um these are the
first floor some of the for and afters and these are the conditions when my my client bought the
property last uh last october and some of the improvements made um on the first floor and then
on the second floor which is the second unit this is these are these are the conditions existing
last October, and my client has made some improvements, as you can see, the non-aluminum
flooring with the bedroom, and I believe the bathroom has also been done.
My client actually has a rental unit, a rental license for one unit.
We're obviously trying to get two units, and the current tenant there does pay $11.25 a month.
This is a copy of – well, I'll get into that.
We attempted to schedule with the RCO. We sent out letters on July 7th. As you can see, we were told that the meeting was on Zoom. I was contacted on June 9th by Pastor Tyrone Williams. He gave me the Zoom link for June and told me it was the same link for July.
Sent me a form. We did fill out the form. This was the form. These are the attempts that we did make to email April 17th, the first email to get scheduled. Then again on May 25th, and then on June 9th, I received a call, and then I received the Zoom link for the meeting.
These are the – and the end of this presentation is just all of the certificates and mailings for both.
We actually did learn that that meeting that was scheduled in person was actually ultimately canceled.
There were two other hearings on the agenda, and none of the people appeared, so they did cancel that meeting anyway.
We had already gone through the hardship of having to do both mailings for today's hearing as well as the RCO meeting.
And they were nothing but scheduled with the first 45 days of the filed appeal.
So with that, I would ask my Stephanie Tarkenton to be sworn in.
I don't see anyone in the audience by the name of Stephanie.
Or Kevin.
Okay, I see Kevin. They put their names together.
Kevin and Stephanie will be coming in as a panelist.
Thank you.
Kevin and Stephanie please turn your video on
and come off of mute please and thank you
Kevin or Stephanie
Kevin or Stephanie. Yeah, we're here. Good evening. It's who would like to testify?
yeah we're here good evening
I can testify. Stephanie, could you please state your name and spell it for the stenographer?
Sure. It's Stephanie Tarketon is S-T-E-P-H-A-N-I-E.
Tarketon is a T-A-R-K-E-N-T-O-N. Do you swear or affirm to tell the truth,
the whole truth and nothing but the truth i do um please proceed counsel thank you uh good evening
stephanie the uh did you hear my my testimony and review my presentation before the board tonight
yes i did okay and do you adopt my testimony as if it was your own i do adopt it yes okay
and you saw the foot and the photos that i presented um the before and afters were the
before the condition when you purchased the property yes okay and when you purchase the
property were you aware that it wasn't um while the property was a physical duplex it just wasn't
legalized it was sold to us and presented to us as a duplex and that's how we purchased it okay
okay I have nothing further questions from the board
questions from our attorney um just a quick question mr dean and thank you for your patience
i know you're running into another rco meeting um do you did you end up rescheduling a meeting
with the rco or um are have we done are we done trying to set up a meeting at this point
I just tried to determine whether the board should vote on this matter today or do a hear and hold if there's something scheduled.
There is nothing scheduled.
Yeah, there's nothing scheduled.
All right.
Thank you.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Chairman.
Good evening.
David Fechter with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change to the RSA-5, residential single-family zoning at this location.
the city rezoned this neighborhood in 2014 in accord with recommendations in the comprehensive
plan at that time this block had been zoned single family since 1967 this property has a documented
history as a single family dwelling with a ground floor commercial space this appears to be a
legalization of an existing dwelling unit converted before the appellant acquired the property the
city planning commission recommends the board granted proposed use variance for two dwelling
units mi2026-001-093-1968 north 31st street i vote yes michael johns my vote is yes
cheryl gaston my vote is yes ryan mcadams my vote is yes
thank you council thank you all have a great night all right thank you thank you we're gonna we're
going to hear two and seven together but we'll vote separately am i correct okay so number two is
mi2025-006-114-550 west willow grove avenue and number seven mi2026-002-190-550 west willow grove
avenue uh sean whalen is the attorney good evening board how are you could you mr whalen could you
please state your name and spell for the stenographer certainly sean whalen w-h-a-l-e-n
do you swear or affirm to tell the truth the whole truth nothing but the truth
yes i do i see the chestnut hill community association has sent a letter of support
um our vice chair has a few questions thank you evening have you submitted your documents
and exhibits five days in advance of this hearing yes i did actually starting to do it 14 days in
advance right oh aren't you special okay sean i think i think that's our new rules we're
And you got some taskmasters over there in administration.
Well, they didn't tell us.
September.
All right.
And do you waive the reading of the refusals and stipulate to their accuracy?
Yes, I do.
Thank you.
You can share your screen and proceed with the case.
All right.
Thank you so much.
And I do apologize.
I couldn't be with you in person tonight, but I was supposed to be picking up my son
who's coming into town.
And unfortunately, that didn't pan out either.
So hopefully not waste any more of your time.
So this is 550 West Willow Grove.
The owner is actually Springside Chestnut Hill School.
I represent Wissick and Skating Club, which I'll refer to as WSC, which has a 99-year lease for this property.
which I'll refer to as WSC, which has a 99-year lease for this property.
This is where you can see it right now on the screen,
essentially bounded on three streets by West Willow Grove Avenue, Valley Green Road,
and Cherokee Street. It's an existing skating club that's been in place as is for decades,
And it actually is, I am told, the oldest continuous ice skating and hockey rink in the country.
So essentially what we're doing right now, you can see this is just to give you a little more context.
Here's Springside Chestnut Hill, S.E.H., and this is our existing building over here.
There is no addition to this building in height or overall massing.
Again, here's kind of a better zoom in of what you're doing. What we're talking about today is this small little 987 square foot existing roof piece, and then this one-story locker room that's being replaced in kind, and then we have two signs, one right here and one up here on Cherokee, that we're also seeking to replace in kind.
So those are the two applications. The signs are on one application and the roof deck and locker room are on a second application. So again, this just gives you a better view of that deck right there and this first floor locker room.
So essentially, this property is zoned RSD1.
Surprisingly, it's of little relevance in this hearing, unlike most hearings.
All of SCH property is zoned RSD1, as you can see, everything around us.
So again, here, and I don't think they're hugely helpful in context,
So I will go through the site photos a little quickly unless someone asked me to stop.
I'm standing here in the intersection of Cherokee and Willow Grove, and you can see the existing building as it's situated currently.
This is, again, standing in the parking lot just to show you the existing building.
What you see here will be unchanged.
Again, there's no increase in height proposed.
So, again, this is just looking down the street. And now I'm up on West Willow Grove. You actually go down a little grade. So, from West Willow Grove to Valley Green on the other side, very highly relevant to this application, there's about a 30-foot elevation change from one street to the other side.
So as you come in off of West Willow Grove, you go down a little bit.
The parking you're seeing here is for the Wissigan Skating Club.
This is one of the signs that we're seeking to replace.
And again, they're just sort of old and outdated signage, difficult to read at vehicle speeds.
And we're seeking to kind of match and become a better part of the overall SCH facility.
So again, this is just looking out this way.
Now, what this is, is I'm at Valley Green.
And again, this is that height difference.
I'm standing in Valley Green right now.
This is the existing conditions.
Here's where we're planning to put a balcony out here, essentially put a door right there just for people to go.
The locker room is behind here.
And again, you can't see the locker room now.
You will not be able to see the locker room before.
It actually, it's a one-story locker room that ends up being below grade at this portion of the site.
So again, here's the existing rooftop of the one-story locker room.
It's sort of outdated and needs to be modernized to bring the club into this century.
And so what we're doing is seeking to remove this existing first floor, one story first floor locker room addition and replace it.
It'll be expanded a little bit out towards where this photo is taken from and towards the edge of this building.
The building you see on the left here is actually the squash court building for SCH.
Again, this is the SEH Arts Center, which is actually what's on the other side of Valley Green from us.
And then you can see kind of a generally wooded condition.
We did, in very surprising fashion for most of our applications, we, of course, sent the RCO notices.
I think I had to send it to 12 addresses, and only eight of which were homes.
So a little different than our usual RCO notifications.
a little different than our usual usual rco notifications um so again this just kind of
gives you the context um but i'll get now to where so here are the you know these are the addresses
to whom i sent it out um so we have uh two separate refusals to discuss i'll walk through them
each as appropriate. This site overall is 109,000 square feet. Again, this first refusal that we're
talking about here, this is with regard to the roof deck, and I'll show you the site plan in
just a second. It's actually a balcony, not a roof deck. It's mislabeled, but the balcony and
the first floor locker room. Firstly, we have a minimum of a 30-foot rear yard is required in
RSD1. As you'll see and as you may have already seen, this is an existing condition. There's
essentially no separation between us and the existing SCH building behind us and that condition
is going to continue. And secondly, we have a steep slopes protection violation. We are disturbing
steep slopes of 25% or greater. Essentially, what we are doing is we're proposing to disturb
1,499 square feet of lot area. This is essentially 1% of the total land. And what you'll see is,
let me zoom in on this for you.
So again, what you can see is Cherokees on the left-hand side here, Willow Groves at the top.
I'm going to zoom in. Both of our proposed improvements are on this side of the property.
So this solid black line is the the property line in between where our existing facility sits
and then what you can see here hatched is the existing SCH building. So as you can see there's
already no rear property line setback in place. So what we're doing first is this is the
one-story existing locker room. Again, just seeking to modernize that. It'll be
torn down and replaced in kind in the same place, although it will be a little bigger to
help modernize it and basically allow for separate women's locker rooms and the like.
Again, from the top of the screen to the bottom of the screen is approximately a 30-foot elevation drop.
And so what you will actually see, and I'll show you a rendering in a minute, is just going to be a fence line here.
You won't actually see any of this locker room from either direction.
The other thing that you'll see here is this is that small roof.
Essentially, this is the Wissick and Skating Club.
This is for members.
there's a members area up here where you can sit while lessons are going on or games are going on
and they wanted to create a bit of an outdoor space right now the only outdoor space that
people use is the parking lot that was thought of as is not really in keeping with how nice SCH in
this area is and to be a little bit more contained and sound contained we're building out this deck
And then what you can see here, this is the disturbance that we're talking about.
This is a retaining wall that we're suggesting be built in there.
It does not exist currently.
So right now, the water runoff just goes straight down.
This retaining wall would be put in, and what you see here would be a new fire escape egress from the roof deck.
um so again here's this is the limit of the disturbance that you'll see this area right
here and this area right here is the uh the 1499 square feet of of steep slopes uh these i know
the code doesn't make a distinction but the engineers do these are all man-made steep slopes
in this location between the two buildings when the buildings were originally built.
So what you see here, this is the elevation, and I'll show you a better rendering in a second,
but this is the new proposed balcony with its exit footpath here.
sorry let me zoom out a little bit okay so now to get into better specifics again this is the
locker room not visible from the valley green side it also as i already showed is not visible from
not visible from the Valley Green side. It also, as I already showed, is not visible from the West
Willow Grove side. As you can see, in a bit of a dilapidated situation, very much needs to be
modernized. Again, this right here is the existing condition of the SCH squash building.
So what you're seeing here is a rendering from the architect. Again, you've gone down. West Willow
Grove is behind this image. You've gone downhill a little bit. You're now in the parking lot.
The SCH building is on the left. This is the existing Wissahickon building.
What you'll see now, again, the locker room is below grade. What you'll see now,
there's essentially going to be an HVAC unit put on top of that locker room, and there's going to
be a fencing to obscure that and buffer that for anyone in the parking lot. Again, you can just see
the proposed condition there. And then this is now going on to the other side. You can see I'm
standing at the top of the hill. This is the existing area up there, and that's going to be
the uh the roof roof deck area uh a lot of these mechanicals will be moved and reconfigured to go
onto this side and again uh this is where we're going to put a door and have a have a um a designed
and and to put the cart before the horse uh we worked closely with the neighbors uh actually
So in working with the neighbors, we went out and retained a sound engineer to redesign the entirety of the roof deck to make sure that we capture all the sound and do not impose or impinge upon any of the neighbors.
So here's a rendering of what you can see.
Again, this is that new retaining wall that will be put in place where there isn't one now.
This is the new egress staircase and this is the proposed new roof deck area.
This is now that same image from Valley Green.
And again just a better view of of what that looks like. It's actually with the sound engineer
We've put in, essentially, walled it off here to make sure that the sound doesn't come out towards the neighborhood or Valley Green, and actually the sound all stays in.
It is now roofed over about two-thirds.
That roof and the walls inside are inclusive now of sound dampening materials to make sure, again, pursuant to the sound engineer, that we capture all that sound and it doesn't permeate out into the neighborhood.
This is an image of what it would look like.
Again, here's the roof you can see going out almost over the entirety of it.
the walls here kind of just trying to get an outdoor space for people to congregate but yet
keep it and maintain it without bothering any of the neighbors. This is just from the other angle
you can see there's one door here that's where people that's where the existing club area is
you'll come out there right on the left here this is that one stair that's just for fire escape
access. So you would open that up for the fire code to go down the new staircase that's being
installed right on that other side. So moving on to the signage, you can see this is the existing
sign on Cherokee. These are raised three feet out of the ground on posts, and what you can see is
it's very busy, and it's actually a very dark and difficult to read sign. This is the same sign
on the West Willow Grove side. You can see, again, it's actually raised out of the ground,
again, the same three feet. And here's an image of what it looks like. Again, it doesn't match
the current SCH. SCH hired a sign designer, went through and redid all the signage on their
property. They probably came before you in order to do that. So what we did was we went and hired
the SCH sign designer to redesign those two signs for us, improve their visibility for vehicular
traffic and wayfinding. So here's the notice of refusal with regard to the signs. The first issue
we have is freestanding signs are prohibited within the required setbacks. There's a 35-foot
there's a 35 foot setback requirement in rsd1 again these two signage signs currently exist
setback requirement in RSD-1. Again,
they are both approximately 15 feet away from the street frontage at this time they're going to
remain in that same location um the sign on uh cherokee generated a refusal this will become
evident in a second but 15 square feet are allowed and 15.54 square feet are what is proposed
the west willow grove the primary sign is larger and it is now in its current condition
15 square feet is allowed and 28 square feet is what is proposed
so again what what you'll see now and i have renderings that show this better
we're lowering the overall height so this is an 18 inch stone base the stone base is meant to
again fit in better with the imagery that SCH uses and now instead of having that busy sign
with all that language on it it just says WSIC and skating club for everybody to know where
they're coming from. Those are the details. So here's an example of the current signage that
SCH just redid at their property. And then here's an image of what the West Willow Grove signage is
going to look like. And here's a rendering of the two in their location. So again, the overall
height gets reduced, it does become a little squatter and wider. But again, just trying to
make it more visible, better wayfinding so that you can see WSIC and Skating Club. And of course,
the name is Long, so it does require a slightly larger sign. And then the last two things I have
to show you are we received two separate letters for the two applications from SCH, both letters
of approval and authorization to move forward, but also approval and agreement with our project.
And then we went through Chestnut Hill CHCA's meeting process, meeting with the DRC twice,
the LUPZ, the HDAC, and then finally before the CHCA board. And that resulted in a favorable
letter of support from them um with that that concludes my presentation i do have
uh kevin homel the president of the club when do you bring him on
kevin how have been promoted to painless thank you hi could you please state your
name and spell for the stenographer um kevin could you please state your name and spell
for the stenographer there you go kevin hamel k-e-b-i-n-h-a-m-e-l do you swear or affirm to
tell the truth the whole truth nothing but the truth yes i do counsel uh mr homel you're here
on behalf of the club correct correct and did you hear all the testimony i already presented in this
case i did and do you believe it to be true and correct to the best of your knowledge information
and belief yes i do and would you adopt that testimony as your own yes i would
thank you mr homel uh board we're happy to answer any questions you may have but that
concludes our presentation is the signage going to be um illuminated
uh i'm sorry board never guess i believe you spoke but i couldn't hear what the question was
okay i'm asking is the signage going to be illuminated oh uh i apologize for not saying
that no it is not uh it is unilluminated uh signage okay but it's some kind of way that
it's going to be better seen than the other signs so what you'll see is it it's uh it's a brighter
blue background um and again i i think i i can go back to it um we have the signage it's meant to
match the signage at sch which uh was actually these the photos that i showed i can show again
were actually taken uh during the daytime so that you can see you know how much how much better
visible they really are so i just brought them back up um so these are actual photos they're not
uh prepared you know renderings or anything these are actual photos showing sch so it'll be this
same blue uh with the same white lettering and again it's just meant to have wisc and skating
WSIC and skating club in large white letters against that blue so that you don't need the
club in large white letters against that blue so that you don't
uh you don't need it to be illuminated uh but it will be visible all right and then um with respect
to this deck so is that a is it open on the sides there or is it completely enclosed or
i i was having a little trouble with seeing yeah so i will share my screen again sorry i just don't
want to give anyone vertigo by slipping through um so so what you can see is right right behind
me in this rendering would be uh the what the what the existing wall which is going to have
one door to open out from the existing club interior space onto this balcony. And then what
you can see is on the left-hand side, it's going to be completely enclosed. And then on the right
hand side, you can see those approximately eight foot walls are going to be put in place. The top
half will be clear and visible. And then that's going to be all the way down on, that's the valley
green side. And then the far side that you can see from this rendering is actually the side that
backs up to the existing SCH squash building. So it's not entirely enclosed. There is a slight,
you know, you can see from this rendering, there's a slight area that is opened. That is to give it
some outdoor activity. But again, this was, this originally did not have any of the sort of
plexiglass view that you have here where it looks like you're inside a hockey rink and it did not
have a roof and in coordination with one of the near neighbors actually the nearest neighbor
we went through the process of again retaining that sound engineer and then redesigned it to
look as you see now in order to make sure that all the sound is going to be kept internally
and not going out into the neighborhood all right so I mean depending on what you're calling it
usually and um I I hate to say this because I like the way this looks but um usually you're
not supposed to have a permanently affixed roof on the deck if that's what this is
So I'm thinking that that this is more considered in addition than it is that so Ellen I did I asked that Ellen I did not have a problem with that.
It was not considered an addition, but it also does not increase the it doesn't increase any building coverage or or trigger any other review issues.
um so in the end it ultimately doesn't matter what they call it i think it's technically a
balcony because it's on an existing deck and uh you walk out directly onto it on an existing floor
it's not increasing height um but yeah i leave that telling i i guess it's not quite fish or
foul it's sort of a a little somewhat of semantics yes i mean
i'm not sure i i'm not going to object i mean in that sense i'm just saying that usually you know
you're not supposed to have like this permanently a fixed roof on uh decks or stairs so when i'm
looking at this I'm like okay I'm not quite sure what to call this because it's not as you would
usually call a deck and it's right a residential deck usually where you have to get because this
is other than a residential deck you need to get some kind of special permissions for it so okay
all right all the questions thank you questions from our attorney not at this time Mr. chair
questions or comments from the virtual audience not at this time planning commission all right
chairman I'm going to enter testimony first for MI 2025 006114 um so uh uh David Fecto with the
city planning commission comprehensive plan recommends a change in zoning at this location
from residential single-family detached RSD-1 to special-purpose institutional SPINS.
The city rezoned this neighborhood in 1975 in a council-supported map change.
The replacement of existing signs will not injure the use of adjacent property.
The City Planning Commission recommends the board grant the proposed variances.
Thank you. MI-2025-006-114-5...
And my 2025 0 0 6 1 1 4 5 5 0 West Willow Grove Avenue. I vote. Yes, Michael Johns. My voters. Yes, Cheryl Gaston. My voters. Yes, Tana Graham. My voters. Yes, Ryan McAdams. My voters. Yes.
i win my vote is yes all right so for the second one mi-2026-002-190
again david effecto with the city planning commission chairman of board members the
comprehensive plan recommends a change in zoning at this location from the residential single
family detached rsd1 to special purpose institutional spins the city rezoned this
neighborhood in 1975 and a council supported map change the city planning commission recommends the
board deny the requested variance for steep slope disturbance but grant the proposed variance for
rear yard number seven mi 2026 002 190 550 west willow grove avenue i vote yes michael johns my
is yes cheryl gaston my vote is yes tana graham my vote is yes mcadams my vote is yes i win my
vote is yes thank you sean thank you everybody i'll stop sharing my screen i hope you all have
a wonderful night sorry we kept you here so late i'm sorry you guys are stuck here so late oh we
like it here sean they're all we're off we're off the record right i know okay all right thank you
number five
001 165
North 63rd Street, Devin Upta
is the attorney
Mr. Chair, so for this case and the next one
Brittany Gardner is stepping in for
Mr. Upta
I see Ms. Gardner in the audience
Brittany Gardner is
allowed to speak
thank you
Brittany Gardner, can you unmute yourself?
Ms. Gardner?
Brittany, can you unmute yourself, please?
I'm sorry.
My dog is also barking in the background.
I apologize.
Okay, good.
Could you please state your name and spell it for the sonographer?
Yes, Brittany, B-R-I-T-T-A-N-Y, Gardner, G-A-R-D-N-E-R.
All right.
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes did you identify your client in a relationship to this property
yes i represent um let's see one second
1139 north 61st street and that is nikita i'm sorry nikita schultz ahmad i am standing in for
attorney of record um devin i could you if you could you please turn your video on
and our vice chair has a few questions for you good evening have you submitted the documents
and exhibits five days in advance of this hearing i have i'm actually i don't see the camera option
on this zoom i just have the microphone the chat box i don't see the video option
uh let me see
okay can you hear me
it's because you're trying to figure out what to do with it
oh hi britney yes mr chairman i'm sorry i'm here sure um have you figured out how to get in yet
yes here we are i wasn't a pant listed as a panelist so there we are okay good great all right
there you go thank you okay um vice chair did you yeah nope nope uh so you uh to your
knowledge the documents have been submitted five days in advance of this hearing
yes okay and you waive the reading of the refusal and stipulate to its accuracy
yes okay all right thank you you can share your screen and proceed with the case
already
is she a green button at the bottom
see a green button at the bottom yes 1139 north 63rd street there it goes it's coming up
we're there all right so here is the exhibits that were submitted prior to today's hearing
We have the letter of refusal. Our client, she wants to open up a child or group child care facility. She has, she already has a child care facility. She just needs to, she just wants to increase the number of children.
Karen. So she did receive the letter of a refusal. Did you, can you see my screen? I'm sorry.
We, we, we, we don't, we, you are coming up and it just disappeared. All right, let me try again.
Okay, I should come back up.
And we see, we see your, we now see your documents.
you can see it now yeah okay so here is the letter uh or the notice of refusal for the group home
i'm sorry the group child care facility um as previously stated it is already operating as a
child care um facility my client just wishes to increase the number um of children that she would
like to support. So here is a photo of the exterior. As you can see, there is a paved
driveway, so it's not impacting any traffic. It's not impacting any neighbors
in the area. The next photo that we have is the backyard. You see the bikes and things for the
children you have the trampolines again here is a photo of the driveway so we're
not impacting any neighbors with any traffic or anything like that right here
is a photo of the office so as you can see there's policies in place COVID-19
rules and regulations employees are supposed to wash their hands typical
policies that are usually seen in child care the child care industry on the next photo we have of
the interior is a classroom where the children do go in and learn on a day-to-day basis we have toys
we have books, iPads. Next photo is another office with, yeah, so it's another office in the interior
of the child care facility. Excuse me, Ms. Gardner, it looks, oh, maybe it's gone. There
was a black box there and over part of the photo, but it looks like it disappeared now. It was
related to the zoom oh okay wait is it clear now yeah it's clear now i just was blocking parts of
the photos but we it's okay thank you okay no problem um here's another photo of a classroom
this is the pre-k classroom um see more additional learning activities that the children are already
involved in we have projectors and tvs
this leads out to I believe the downstairs I'm not sure about that photo but I think that is
another classroom in the basement that already supports the children this is a photo of the
kitchen we did have a RCO meeting and one of the things that the neighbors the affected neighbors
wanted to see was the kitchen. So here is a picture of a photo of the kitchen. There's a
laundry room for when, you know, the children, I guess, make a mess, soil their clothes, things of
that nature. Here's another photo of additional kitchen that will be utilized for supporting
the children next is the notice of the rco meeting this was held on i believe april 20th april 30th
yes so our client met with the affected neighbors um they are in support of
increasing the number of children that our client wants to service here is the
increasing the number of children that our client wants to service
letter of support it was dated May 26 2026 with us which was also submitted as
a part of our exhibits so as you can see the neighborhood does support the
legalization of the group childcare home or the new childcare facility and this
last photo is the notice that we put on the front door of the property. So there's no new
construction. My client doesn't wish to add anything additional. There's everything is
already completed. She just wants to change or she just wants to legalize the property as the
group home which is technically not um uh legalized at this it's a group child care right yes right
okay so let me ask you how many students how many does he how many uh children does she have now
and where does she want to go she wants to increase the number to 25 students and how many do you have
now? I believe it's 20. Okay. All right. She's going to come on, right? She is. She should
still be on. Hopefully she's still on. Okay. And that is Nikita Shultz Ahmad. Okay. Why
don't we bring her on? Nikita has been allowed. I am on. Thank you so much. I'm not sure how
to show the camera do i need to do that um why don't you do this could you please state your name
and then spell it for the stenographer my name is dr nikita sholks ahmed n i cake k i
z hyphen ahmed a h m a d do you swear or affirm to tell the truth the whole truth and nothing but
the truth yes i affirm counsel yes um dr ahmed did you hear the testimony that provided before
the board today yes and it is is it a true and accurate um depiction of what you wish to do with
the property yes and you would adopt it as your own testimony yes okay all right questions from
the board yes is that um are you operating on all three floors in the basement of the property no
the lower level which we refer to the basement we first was the lower level so
it's only the lower level in the first level I actually live on a second and
third levels okay the kitchen and the laundry room are actually where I live
the ones that didn't have dishes wash where I live the the second kitchen that
she showed you is on the first floor of where we operate there's two classes on
first floor and three classroom spaces in the lower level which leads out to the back plate space
and all of the parents will enter they currently enter through the um lower level back door
okay so egress out of the basement directly out to the outside yes the egress is directly outside
okay and then the first floor um egress will be out through the first floor front door entrance
that you saw that had the notices on it what age what age groups are you servicing infant
group six year old okay and what's your what's your drop off and pick up times my drop off times
are 7 a.m pick up the 6 p.m i looked looking at the backyard there's a i see there's a fence on
one side but there's no fence or anything on the side where the driveway is that's a bit concerning
it's there isn't there so that's a really old picture from back in march and april
the truck the black truck right there is no longer there the um my contractor and i could submit a
copy of that my contractor is my gates blew off last winter when it was a
really bad storm so we have the cones right there but my contractor is putting
a gate up that leads out to that back and a gate up that leads out
A gate up that leads out to that back and a gate up that leads out to the front that will cover the entire driveway area.
Other questions?
So the one gate is right there on the side and then right there where you see the jeep at the top of the hill where those three cones are, that's where that gate is going to be enclosed.
Gotcha.
okay okay um how many bathrooms do you have there are two but well all together have five bathrooms
in the property but the children will have access to two one on a lower level and one
on the first floor level okay and uh how many um assistants uh teachers helpers so it's one it's
one there will only be four children in each classroom area four to five at the
most each classroom area there will be one instructor in each classroom area
myself as a director and I currently have an assistant director okay and you
said this was for 25 children yes total how many so how many classrooms do you
have? There are three on a lower level and two on this first level. That's five classrooms
all together. You said four per? So no more than no more than five. No more than five
per classroom area that gives us 25 okay and then fire the fire code issues are
important to me so yes so all the fire code all the fire codes are up to date
we already have our certificate of occupancy and certificate of compliance
from the office of early learning octo we actually have they're just waiting
for us to pass the zoning so that they can pass us for the group to fill us up
to group so we've already we've been in operation there for quite so many years
but when they came in to pass us for family daycare which only gives us a
certain amount they told us that we should try for group because it will
allow us to get more children because the house is so large okay but I'm
talking about hardwired smoke detection system, the fire alarm system with the strobes and the lights, the emergency lighting.
You have all of those, correct? Yes. All right. Okay. Thank you. Any other questions? Thank you.
questions from our attorney um so so how many children do you currently have
currently in operation now i have 12. okay so you it sounds like you have an extended family
you either have a family daycare that's been extended to 12 children or you currently have
group child care what you are actually seeking is a child care center um so we're what you're
i'm looking at your application to lni it did say you wanted a group child care but unfortunately
what you're asking for is not actually what you want um so what we're going to need to do is
you're going to need to submit um request to remit amend the refusal um and we're going to need to
send this back to l and i to to correct the refusal well not correct it to change the refusal
to reflect what you are actually seeking um i'm seeking i'm seeking group which should give me
13 plus children i'm not seeking anything higher than that but you just said you were have up to
25 children so if i'm not able to have up to 25 children under group then i'll be satisfied with
group okay all right well then we can we can do that too but i just want to be clear that
yet you can only have you can group only goes up to 13 or 12 actually maybe oh group only goes up
to 13 okay that's no problem or hold on let me look it may only be 12 13 or more baby child care
Center. We're just looking at the definition. Okay.
Yeah, group child care is up to 12 children.
so if you want to have 13 children you would need to apply for a child care center i'll stay at 12
that's no problem because they're all little anyway so i'll stay at 12 okay i mean if you're
because they're all little anyway. So I'll stay at 12. Okay. I mean, if you're, if you're fine
if you're fine with
with that, um, then we can leave it at that. The, the only, um, the only other thing I would
mention the board is just because you said this is also your residence. So we may just want to
include a proviso that single family household living is to, is to remain, um, at this property
because it sounds like this is for the whole structure yes okay all right thank you
but again the um the child care is only on the lower level and the first floor i reside on the
second and third so hillary what i mean what are we voting for i mean she does she's not going up
she's not changing well no she only has approval for family right now um i don't know how she she
got to 12 but there is a there are provisions in the code where you can get a special exception to
expand a family child care up to 12 but it may be that the state is telling her that she needs to
have zoning approval for a group child care before they will change her license okay all right
questions or comments from the uh the virtual audience
no hands no no hands no okay um planning thank you chairman and good evening david vector with
the city planning commission chairman and board members the comprehensive plan recommends no
change to the rsa2 residential single family zoning at this location uh this zoning this
neighborhood still carries its original 1933 zoning designations the proposed expansion of
the existing child care facility into group child care will not injure the use of adjacent property
so the city planning commission recommends that the board grant the proposed use variance for
group of child care. MI 2026 001 165 1139 North 63rd Street. I vote yes with provisal. Single
household living to remain. Michael Johns. My vote is yes with proviso. Cheryl Gaston. My vote
is yes with proviso. Tanetta Graham. My vote is yes with proviso. I am McAdams. My vote is yes with proviso.
You, you have your right, Brittany, Brittany, she has another case.
All right, Brittany, she's coming back in. Oh, good. Good. Thank you.
here i don't know why my video isn't connecting anymore but i'm here okay good oh there it is
right um all right so mi 2026 001 167 59 49 media street um just could you just state your name
because you've already been sworn
britney gardner right and could you um identify your client a relationship to the property
um 49 40 uh 59 49 media street she is the property owner taylor daniels what's her name
taylor daniels okay thank you and our vice chair has just a few questions
yes good evening and uh the documents for this case been submitted five days in advance of this
hearing yes it is okay and do you waive the uh read another refusal and stipulate to its accuracy
i do okay all right thank you you can proceed with your case okay
can you see my screen
we see you yeah we do yep okay so this is 49 or 59 49 media street this um refusal also relates to
um a daycare center so um our client went to legalize the property as a child care center
is already structured um as an existing daycare there will be no new construction
any additions, removals, or anything like that is strictly legalizing the property as a child care facility.
as a child care facility
okay um let me ask you did you did you uh send in a copy of a deed
it should be a copy in the d attorney that would have sent that in is it not in the exhibit
we don't see it
we can we can um if it's not there which we did not see it previously we can pull it
um for our records and um thank you while we're talking did do you have converse have a
conversation with anyone relative to the rco of course i mean i and i think the rco voted for it
but there's a couple things they say in there that's a little um
yes there was an rco meeting and the community did vote uh in support of the child care facility
i have to pull it up but i believe they wanted more information about the food service
yeah i i see there's there's quite a few things i think they raise here
So, all the way at the bottom, oh wait, what's this, the deed, well, yeah, there's the copy,
well, it's not the actual copy of the deed, but she is listed on the deed as per the city's
website okay so yes the neighbors the affected neighbors requested pictures of
the kitchen area in the back the backyard okay so do you have photos you
could show us. I am looking through. I thought there were some photos. You should bring up
all your documents right for this case yes are they can you not can you see my screen
no i cannot oh i'm sorry um maybe other people i can't no nobody
it should be coming up now okay
okay so this is the one you want to go through this slowly show you okay start at the top and
then go through it all are are you familiar with it can you talk about what it is
i can but i don't see the photos of well there was the backyard in the in the exhibits that's
what i was trying to find for you um yes so here is the copy of the refusal um we have all that
what i will concentrate on is the photos and any drawings you may have okay so i'll go there at the
end right so that's is that the way we go back is that the picture of the front of the property
these are the neighboring properties
okay all right let's try to get to that the property we're talking about
so this is the property there is that a neighboring property
yes chairman this is the um this is my client's property
That's the exterior of the daycare center.
And here is one of the classrooms.
Right.
A restroom.
That's the second restroom.
I believe there were more photos, but I don't see them.
yeah those are the only photos that we have and here is the letter of support from the rco meeting
And this is an additional photo of the exterior door with the notice of the for today's hearing and the text clearance.
and this is an additional photo of the
So why don't you bring your client on? Maybe she could be helpful with something, right?
Okay, Ms. Daniels, are you there?
Yes, good evening. Good evening. Could you please state your name and spell for the
historiographer? Sure. My name is Taylor Daniels, T-A-Y-L-E-R. Last name is D-A-N-I-E-L-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do. Okay. How many children do you have now?
So this daycare is actually not functioning right now. The request was to
just receive a variance that was already on the property.
So there was a certificate, well, a special provision for a child care center in 1996.
When I started doing the renovations, just staging the daycare, I realized when I tried to obtain my Certificate of Occupancy that my variants had inspired.
Right.
So now you want to try to get a new variant.
yes i just want the the purpose of this was just to renew the original variance that was
on the property originally and that was for up to 20 children um and is that what you want now 20
yes okay um as she goes through the photos could you give us a little sense of what we're saying
sure because i see some of my photos are actually missing um so that is oh okay so
where do you want me to start right here yeah that's fine are you guys able to hear me well
it looks like it's kind of yeah we're we're hearing you okay all right so this is the actual
daycare, like this space that I'll be utilizing, that door goes into the kitchenette and then
the two bathrooms that you saw, the blue and the orange. So right now, this is as far as I got
because why I wasn't going to be able to get licensed with DHS because we didn't have like a
certificate of occupancy.
Oh my God.
Questions for me. Yeah, I have a question around the DHS state process.
How many children would you be able to have in your house based on your layout and square footage?
So this floor is 928 square feet.
That room that we're looking at is 700 square feet.
So there wouldn't be any more than 17 children allowed in this particular space.
And have you operated a daycare before?
no but i've worked at um daycares before and um yeah i haven't operated one but i've worked at
daycares and then how many how many employees do you plan to have on site so myself and
maybe three staff it depends on how many children i'm allotted um but i was thinking anywhere
between one and four um and like i said it's based off of the the children and the ages for
the ratios and then is this room that we're looking at is it in the basement or is it on the
first floor no it's on the first floor where is the front door in relation to this to this room
so do you remember the blue where we saw the variance uh certificate that is the front door
so right here would be the front entrance so we're coming directly into this room that you're
so we're coming directly into this room that you're in the next photo yes okay and then you
in the next photo yes okay
said you have a kitchenette so i'm assuming that means that you don't have um a stove on site
no no so are you going to have your meals delivered by a service yes i want my meals
delivered by a service um i won't be doing any uh cooking in the facility okay
um does the facility take up the whole property no so this is just the first floor um like i said
we don't have all the photos in the first floor commercial space yes yes and then you have access
to the basement i'm assuming yes we do okay what's your plan for the basement the basement i want to
clean out and do uh like a washer and dryer for like soiled items for if the children um
you know make a mess or anything like that so only you and your employees would be allowed
yes have access to it and my basement has a key so it would be closed off children wouldn't be able
to go down into the basement okay other questions uh yes so you've got that one big space you're
not gonna have like classrooms you're not gonna split it up yes i am i am uh like i said uh we
started doing the whole renovation and then once i saw we won't be opening anytime soon i kind of
focus more on this meeting preparing for it and then uh not kind of like staging it but i am going
to cut the classrooms off with dividers okay and what age children are we talking about
so i would like to do from six months to uh kindergarten age pre-k age
okay and um have we do we have all of the fire code um yes i have the strobes the whole nine
okay the hardwired smoke detection system the two means of ingress and egress yes got the
emergency lighting yep oh you can't see it in this photo because it's like a little blurred
But we have like the exit signs because, like I said, the old owner of this building got this certificate of occupancy in 96.
And all of everything was done and updated and renewed like the fire system, the fire and safety system.
OK. And then do you have an outside play area?
Yes, that's also in the photos that are not present. So if you go behind this door, there's the kitchenette, those two bathrooms, and then there's the back door.
Okay. And how large is this area?
It's not really big. It's, I think it's like 80 square, it's 16 by five. I was just looking at my old appraisal. It's enough space for children to come out, not a whole lot.
um my idea with that would just be to just do a small size of children to go out for fresh year
but i really want to do like the parks in the neighborhood for the children to get their outdoor
play all right thank you you're welcome other questions questions from our attorney hillary
emerson not at this time mr chair questions or comments from the virtual audience i see no hands
chair commission thank you chairman good evening david vecto with the city planning commission
chairman of board members the comprehensive plan recommends no change to the rsa 5 residential
single family zoning at this location the city rezoned this neighborhood in 2021 in accord with
recommendations and comprehensive plan this property has a documented history as a daycare
center dating to at least the middle 1990s the city planning commission recommends that the
board grant the proposed use variance for a child care center mi 2026 zero zero one one six seven
fifty nine forty nine media street i vote yes michael johns my vote is yes cheryl gaston my
vote is yes tenetta graham my vote is yes i am mcadams my vote is yes my vote is yes
thank you council thank you i apologize for the technical difficulties
all good thank you is there anyone in the audience who's uh 330 cases not been called
Thank you. Is there anyone in the audience whose 3.30 case has not been called? What time is it?
I see no hands, Chair.
A little later this week than what he predicted.
Is it okay?
By the way, thanks, everybody. I want to thank the staff. This has been several weeks in a row where we've been here fairly late, although there's still a little light outside tonight, so I want to say that's great.
so we appreciate everything everybody does and and david we always thank planning
good night everybody see everybody next wednesday good night