Thank you.
how's it how's it look
currently chair we have 19 attendees you can proceed as you wish
thank you good morning everyone my name is bill bergman i will be chairing this morning's eba
hearings with me is our vice chair ismael shaheed president mr chairman our board member
Cheryl L. Gaston. Present, Mr. Chairman. Our board member, Tanetta Graham. Present, Mr. Chairman.
Our board member, Michael Johns. Present, Mr. Chairman. And our board member, Taya Nguyen.
Present, Mr. Chairman. Also present is Hillary Emerson, our attorney. And we also have our
deputy director for planning and zoning, Kathleen Grady. Let's take a look at our virtual format.
The proceedings are being recorded. With your participation, you agree to be recorded.
The video will be available by contacting kathleen .grady at phil .gov.
For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267 -270 -5548.
Leave your email address and also the address of the property in question.
And finally, the question and answer box on the screen is not for comments.
All comments should be directed to our Deputy Director, Kathleen Grady.
Let's look at our schedule for this evening.
Number two.
MI -2022 -006 -213 -2551 West Silver Street.
There's requests for continuance.
Could Mr. Masters, the attorney in this case, please come on?
Good morning, Chair.
This is Nadia, and I'll be your co -host today.
Thank you, Nadia.
Steve Masters has been allowed to speak.
Good morning, Mr. Masters.
Good morning, Mr. Chair.
Could you please state your name and spell for the court stenographer?
Steve Masters, S -T -E -V -E -M -A -S -T -E -R -S.
Reed, do you swear or firm to tell the truth, the whole truth, and nothing but the truth?
We have a request for it continued. Could you please update us on this case?
Absolutely, Mr. Chairmembers of the board.
This case was before the board some time ago. We received a letter from the board authorizing us to return the application to L &I because the original application misidentified and described incorrectly what the changes are for this zoning project.
We were not involved with the case at the very beginning. We were brought in after the appeal was brought into the zoning board.
Ellen and I just last week on October, I'm sorry, on August 7th, issued its revised notice of refusal.
We have sent that in to the board as opposed to one notice of refusal before there are three use variances that are required.
We didn't have sufficient time between August 7th and today to have a RCO meeting.
We have had a site visit from the two RCO leaders in which they telegraphed to us that this was misdescribed and we needed to return things back to L &I, which we did.
So at this point, we're asking for a two -month continuance so that we can now have that RCO meeting now that we have the new revised refusal, and then we can go before the board.
Thank you. Thank you, Mr. Masters. So MI -2022 -006 -213 -2551, West Silver Street cases continue. Thank you, sir.
Thank you so much.
I'm sorry, Chair. We also have a hand up with the phone number ending in 3552.
too, and they have been allowed to speak.
Adrienne?
Adrienne, could you please state your name and spell for the court sonographer?
Yes, I'm Adrienne Fernandez. My last name is spelled F -E -R -N -A -N -D -E -Z.
F -E -R -N -A -N -D -E -Z.
Right.
Right. Do you swear or tell the truth?
Do you swear or affirm?
Tell the truth, the whole truth, and nothing but the truth.
Please proceed.
For 2151 West Silver Street, I wanted to request that the refusal is still not correct, and it needs a second amendment or correction.
And I wanted to request that the refusal properly reflect what's being requested at this address.
Number one, this is actually a request for legalization, and that's not stated on the refusal.
The address is also not correct.
The Water Department lists this.
It's two parcels.
so the water department lists the address is 2551 -53 west silver street so the request
on the um last two refusals were making it look like this was one building but this is two small
road houses that um a hole has been made in between we're not even sure it was safe and
there's two buildings with a hole in between making the request for changes to the use dimensions and
also lot lines. So we're also requesting that the refusal show that they're requesting a lot
line change to make one parcel out of two. Thank you. Mr. Masters, are you still on?
Yes, I am still on. I have a response to that, Mr. Chair.
Why don't you respond?
Sure. So this prior to the time that our client purchased this property, the previous owner did a lot consolidation.
OKA's policy now on lot consolidations is that the addresses are no longer hyphenated with multiple numbers, but just the first number is the designated number.
So that's not in our control. That's how L &I now designate this property as 2551, even though it includes the two lots, 2551 and 2553.
This is a legalization that's true of this use, but L &I doesn't ever designate in terms of their notice of refusal whether something is existing or not.
They simply put in the refusal what the application has called for, which is completely accurate.
So the concerns that the RCO leader raised are not concerns that can be addressed by this board or by L &I.
Those are concerns that she could take up with the Department of Planning and, you know, with other parts of the administration.
but that is the protocols now that are being followed by the city.
All right. Thank you. And thank you, Ms. Fernandez. The case is continued. Thank you both.
Number five. MI 2023 -002 -047 -2231 Green Street. Jeffrey Kaiser is the attorney.
There is a request for continuance. Mr. Kaiser.
Chair, we have somebody by the name of Darlene Treat with their hand raised.
Darlene's the attorney.
I think she's, you're going to bring her on.
Maybe she now has this case.
I don't, I'm not sure.
They haven't allowed to speak.
Counselor, are you involved in this 2231 Green Street?
I apologize, Commissioner.
Okay, sure.
No, no.
We're going to get to you.
We'll get to you.
All right.
Mr. Kaiser.
Mr. Kaiser.
I see no hands.
Okay, thank you.
So MI 2023 -002 -047 -2231 Green Street,
case continued, Mark must be heard.
Number six.
MI 2023 -003 -085 -3550 North 6th Street,
Frederick Mann is the attorney.
Mr. Mann.
frederick mann if you're in our audience you haven't allowed to speak uh can you hear me
i can sir could you please state your name it's spelled for the court sonographer
thank you sir it's frederick mann m -a -n -n frederick is f -r -e -d -r -i -c do you swear a firm
to tell the truth the whole truth and nothing but the truth i do sir mr mann could you give
us an update on your case? Certainly. 3550 North 6th Street is a row house currently with
Row House currently with two apartments. It's owned by a very small inner city financially challenged parish that I'm representing pro bono. Candidly, I've never been before the board before.
two apartments. It's owned by a very...
And they seek to locate a community -based administrative office on the first floor. It's very small.
they had applied originally everything was ready to go except there was an internal glitch with
the diocese which is also on the lease and who i also represent um in getting approvals so we
request a continuance and all should be in order it was posted originally um everything was ready
to go. And we ask for a continuance. Thank you. Thank you, Mr. Mann. So MI 2023 -003 -085 -3550,
North 6th Street, cases continued. Mark, must be heard. Number 11, MI 2023 -006 -613 -5033,
Duffield Street. Cases continued.
Number 15.
MI 2024. 001
694. 2600 Mulefield
Street.
There's a request from the owner for continuous. Cases continued.
And then number 17.
MI 2024 -002 -165 -1328, Fawn Street.
Cases continued.
Are there any other requests for continuances?
Chair, we have Darnie and Treat with her hand brace, and they have been allowed to speak.
Good morning, Commissioner.
Good morning, counsel.
So just state your name and spell for the court stenographer, please.
Darlene Threatt, D -A -R -L -E -N -E, Threatt, T as in Thomas, H -R -E -A -T -T.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you tell me what case?
This is 2337 North 30th Street.
ZP 2023.
Ms. Threatt, this is Hillary.
That case is on the 330 list.
Oh, I'm really sorry.
it's okay that's okay thank you there's another case actually miss three um i did want to ask
you about because i wasn't sure if you've been retained as counsel um give me one second
um four three five three paul street are you counsel on that case no i'm not okay all right
Thank you.
Let's go to some of our cases.
We do not have exhibits.
Number three, MI 2022 -006 -757 -1134 Waverly Street.
This is the fourth listing.
We do not have exhibits.
Magloza Wachikitz is the owner applicant.
MAGA ROSA, IF YOU'RE IN THE AUDIENCE, PLEASE RAISE YOUR VIRTUAL HANDS.
I SEE MY HANDS.
MI 2022 -006757, THIS IS OUR FOURTH LISTING.
I VOTE TO DISMISS.
MIKE JOHNS, MY VOTE IS TO DISMISS.
cheryl gaston my vote is to dismiss
ian win my vote is to dismiss tennetta graham my vote is to dismiss
ishmael shaheed my vote is to dismiss thank you number four mi 2023 001 026 4353 paul street
the listed owner is
Enrique Garcia and Rosa Cruz
this is the fourth listing
do we have a Spanish interpreter
in the audience
I see no hands
Ms. Cruz
no hands chair
all right Hillary
do we want to hold this because we don't have an
interpreter um i think we should give it one final listing just so we have an interpreter
thank you am i do you have a hand that just went up i'm not sure if they're connected to this case
jeff kaiser they've been allowed to speak kaiser was the lawyer that we continue the case am i
correct oh yes you're right yep mr kaiser i apologize i was having
Oh, yes, you're right. Yep. Mr. Kaiser. I apologize. I was having a connection issue.
Thank you.
Sure. Mr. Kaiser, just state your name, please. Jeff Kaiser, attorney for the applicant on a
different case. Spell your last name, please. K -A -I -S -E -R. Do you swear for him to tell the
truth, the whole truth, nothing but the truth? Yes, I do. We continued your case, Mr. Kaiser.
Okay. Thank you very much. Thank you very much. All right. And then number four, MI 2023 -001 -026 -4353
Paul Street. Case is continued. Mark must be heard. Number nine. MI 2023 -006 -463 -2528 -30
South 69th Street.
Samantha Lyons is the listed attorney.
No exhibit, second listing.
Samantha Lyons, if you're in a virtual audience,
please raise your virtual hand.
I see no hands.
How about the listed owner, Deegan Ballion?
No hands, Chair.
We have Craig Melodosian with their hand raised, and they haven't allowed to speak.
Morning, Mr. Melodosian. Could you please state your name and spell for the court sonographer?
Craig, C -R -A -I -G, last name Melodosian, M -E -L -I -D -O -S -I -A -N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, Chair Bergman.
So this is the second listing we have for this case. We do not have exhibits as of yet.
uh i'm the coordinating rco uh we had spoken with counsel previously about this the uh
not to try it here uh the rcos are opposed to this and we had successfully opposed a previous
application at this location with the same owner uh we uh have not heard from her since the uh
continuance. Okay. Very good. Thank you very much, sir.
Thank you, sir. So, MI 2023 -006 -463 -2528 -30,
South 69th Street, cases continued, Mark, must be heard.
And number 13, MI 2024 -001 -185 -616 North 11th Street.
Brooke Diggs is the listed applicant.
Prosperous Investments is the listed owner.
This is the second listing.
No one appeared at the first listing.
Brooke Diggs, if you're in the audience, please raise your virtual hand.
I see no hands.
Thank you.
MI 2024 -001 -185 -616 North 11th Street.
Second listing, no one appeared the first time.
I vote to dismiss.
Michael Johns, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
Bayouin, my vote is to dismiss.
Teneda Graham, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Number 14, MI 2024 -001 -692 -1108 -Hawthorne Street.
Jose Berg de Dino is the listed applicant.
No exhibits, first listing.
The listed owner is Caraballa, Washington.
No hands to share.
So MI 2024 -001 -692 -1108 Hawthorne -Hall Wharf Street, Cases Continued, Mark Must Be Heard.
And number 16, MI 2024 -001 -816 -1941 North 4th Street, No Exhibits, First Listing.
Christopher Wickham and Valerie Ashford are the owners and applicants.
I see no hands, Sheriff.
So MI 2024 -001 -816, 1951 North 4th Street.
This is the first listing.
Cases continued.
Mark must be heard.
And then we have two withdrawals.
Number seven, MI 2023 -004 -271 -564 Centner Street.
Don Abraham is the listed applicant.
we have an email. We have not have a signed letter yet for a request for withdrawal. Mr. Abraham.
mr abraham yes mr abraham um we understand you want to withdraw this case is that correct
Yes. Mr. Abraham,
uh mr chair can you swear him in first yeah sure thank you well could you please state your name
and spell for the court sonographer all right do you swear or for him to tell the truth the
whole truth and nothing but the truth yes i do is this case uh do you want to withdraw this case
um i what i mean uh to continue what do you need from me
uh you i well we need a lot of paperwork i mean we we have no paperwork at all
right yeah i wanted to um actually can i get a continuance
um okay but if you if you i could give you a continued but this will be mark must be heard
do you understand oh okay all right thank you so mi2023 004 271 566 center street
cases continued mark must be heard and mr abraham please contact the zba office for
information about what you need to do to have your case ready for next time thank you
And number 12, MI 2023 -006 -937 -351 East Mount Pleasant Avenue.
That case has been withdrawn.
We're going to go to our add -on list.
Number one, MI 2023 -005 -977 -5310 Haverford Avenue.
I vote no.
Cheryl Gaston, I vote no.
Sonetta Graham, my vote is no.
My vote is no.
That is everybody, Mr. Chair.
Thank you.
We're going to go to our number one case,
MI 2022, 000672, 8107 Bradford Street. Excuse me, Mr. Chair. I'm sorry. Can you please make
the announcement under number two of the add -ons? Oh, I'm sorry about that. Yeah. MI 2023, 006253,
2848 South 12th Street. This matter was dismissed in error on Wednesday, August 7th at 9 30 a .m.
The application has been withdrawn by the applicant.
Number one, Dan Lee, L -I.
Hi, Mr. Lee, could you please state your name as spelled for the court stenographer?
My name is Dan Lee, first name D -A -N, last name L -I.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
You have a letter of support from the Roanjoe Civic Association.
Our vice chair has a few questions for you, okay?
Good morning, sir.
Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?
I believe I did.
I emailed it in on the writing of the previous week.
Thank you, Counsel. Please proceed.
Applications for the removal of a structured parking place, garage,
and for the creation of service parking,
parking accessory to existing single -family household living.
Service parking spaces are prohibited in required front, side, and rear yards,
whereas the proposed parking space is within the required eight -foot front yard and the eight -foot side yard.
Please start your presentation, sir, and share your screen.
Is that working?
Yes, it is.
Okay, so I would like to just start with just a quick overview of the property.
This here is the front.
this would be the back
this would be the driveway
and this
I would like to
this is where the previous
garage door used to be
which was removed
this is the refusal
as said
this was a garage
and I was unaware
that we needed
uh a singular parking space for these properties so i
uh a singular parking space for these properties so i it was done without my knowledge of it so
here i am to uh propose that we create a surface level parking for this property
uh originally i was unaware also of the fact that there were restrictions to the parking space
itself um i was told that it would require
you were told to require a variance is that what you were told uh yes because as you see from this
plan here i was told that the parking space had to be eight and a half feet by 18 feet
and they need an 8 -feet front yard setback and a 20 -feet rear yard setback
while also needing an 8 -feet side yard setback.
On the plan proposed itself, I could not meet the 8 -feet yard side,
which was just when we measured it, it was just slightly short of 7 .5.
Everything else was met.
It was just this side yard that I could not meet.
This is the application repeal. Here I stated that nothing would be blocked, streets would be open, no properties, nothing would be changed. The dimensions would stay the same.
yeah okay but so the reason why this was done is because um as you can see here this drain
was the lowest point on the property which meant all the water runoff would come here
and this door previously was the garage door so every time it rained two to three days uh this
drain would get blocked off by foliage and garbage and whatnot and it would create a massive puddle
that would eventually overflow into the garage itself and eventually overflow into the whole
basement. I was at the time not living here. I had purchased the property, but I was still out
of state with some obligations and I could not come down here every time it rained just to clean
up the drain. So I put in two stop measures to prevent this. One was this cage -like contraption
you can see here to prevent uh blocking and the other was to remove the garage door and
replace it with uh bricks and a steel door instead so it would not flood um
the refusal was because i could not meet this a side yard
setback requirement, and that's it. Some miscellaneous stuff. This is the deed
of the property that was moved to my name. We have the certificate of tax clearance here that
I received on the 5th, which is the Monday of the previous week. This is after having my RCO
meeting uh i explained to them that uh uh that it was just purely because of the flooding that
i had changed it i was not creating uh a multi -family dwelling nothing uh not requesting
an additional electric meter it's just purely just because i wanted to prevent the flooding
and then this is the rco uh vote that they had yeah it was eight to zero right yes all right
did you create another room in there i mean what did you do in there i just brought it up i it is
technically additional an extra room but it's just used as storage now um it's not a dwelling
it's doesn't mean any going i just use it for storage now all right thank you questions from
the board. Questions or comments from our attorney, Hillary Emberson? Not at this time,
Mr. Chair. Questions or comments from the virtual audience? I see no hands. Planning
Commission. I'm sorry, Chair. Excuse me. We have one hand up by Lee Holm. Okay. And they have been
allowed to speak. Good morning. Could you please state your name and spell for the court stenographer?
Can you hear me? I most certainly can. Lee, L -E -E, Horn, H -O -R -N -E.
Lee, L -E -E, Horne, H -O -R -N -E.
I am the...
Hold on, hold on.
Do you swear or affirm?
That's okay.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
Please proceed, sir.
I am the zoning chair for Ron Hurst Civic Association.
The homeowner contacted us, worked with us at every opportunity.
Very nice man.
We understand that he has a single -family home, that he is not attempting to make this a multifamily home.
He has not applied for another electric meter.
And everything that he said to you, we found to be true in our investigation.
I am here because I know that he is going at this by himself.
And I want you to understand that we approve of his project and see no reason from our end why it should not be granted.
Thank you very much for taking the time to cause. We appreciate it.
You're welcome, sir.
Planning Commission.
Good morning, Mr. Chair. Dan Powers with the Philadelphia City Planning Commission.
D -A -N -P -O -W -E -R -S.
You swear or affirm to tell the truth, the whole truth and nothing but the truth.
Yes, I do.
Please proceed.
The comprehensive plan recommends no change to the RSA 3 zoning at this location.
There are similar nonconformities nearby in the district and legal on -street parking remains in front of the house.
The City Planning Commission recommends that the board grant the variance for the removal of the existing parking space.
Thank you. MI 2022 -000672 -8107 Bradford Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Iowyn, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, sir. You have your votes.
Thank you.
Number 10, MI 2023, 006 -466 -422 Fountain Street.
Christopher Miller is the owner. It's a pro se case.
There's a letter of unanimous support from the Ridge Park Civic Association.
Mr. Miller.
Mr. Miller, I'm you.
Hi, could you please state your name and spell for the course photographer?
Christopher Miller, C -H -R -I -S -T -O -P -H -E -R.
M -I -L -E -R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has a few questions, sir.
Good morning, Mr. Miller.
Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?
I have, sir.
Thank you.
Please proceed and share your screen.
Mr. Miller, this application is for use as a multiple family household living for dwelling units in an existing structure.
The proposed use of multiple family household living is prohibited in the CA1 zoning district.
Correct.
Please start sharing your screen, sir.
Can you see my screen?
You got this share button on the bottom?
You can bring your documents up and then push share screen.
There you go. It's coming up. Yep.
So this is the front of the property.
I purchased the property in 2019.
It was listed as a four -family dwelling.
So I rented the property as a four -family dwelling through Bay Management.
there is no changes opposed or required for it i just need a because i used to live there so i
was able to get a rental license in the beginning and then when i moved it got denied because it
says that because i don't live there it doesn't i'm not able to get a rental license um so there's
Um, so there's absolutely no changes that need to be made, uh, to the property.
absolutely no changes that need to be made
It just needs the approval due to the fact that it's in a commercial, it's in a commercial
This is my, um, approval from the civic association, seeing it.
How many units do you have there?
And all four are rented?
Currently.
Do you live there?
I was.
All right.
So you got four units in the property.
Do you have photos of the inside or you don't have any photos of the inside?
So these are both photos of the inside.
I did get.
And when you bought this, it was all, it was all, had electric meters and all for four units?
And when did you buy the property?
I mean, 2019 originally.
It was.
I refinanced in 2021, sorry.
Questions from the board?
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning commission.
Good morning, Dan.
powers with the city planning commission the comprehensive plan recommends a change in zoning
at this location from ca1 to cmx 2 .5 the proposed use is consistent with documented prior use
the city planning commission recommends that the board grant the proposed variance for multi -family
residents thank you mi 2023 zero zero six four six six four twenty two fountain street i vote yes
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Sayowin, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you.
Sir, you have your votes.
Thank you, counsel.
Have a good one.
So, number eight, MI 2023 -006 -304 -503 Woodland Avenue.
Darlene Treat is the attorney.
good morning counsel good morning counsel i think i already swore you once today am i correct
yes but you did not swear me in i didn't okay do you swear or affirm to tell the truth the
whole truth, nothing but the truth. Yes, I do. Could you identify your client, the relationship
to the property? My client is Mr. Jerry Sanders, the president of Mount Zion CDC.
Our vice chair has a few questions. Good morning, counsel. Do you agree to
weigh the reading of the refusal or stipulate to its accuracy? I'd like to make a comment on that.
Originally, the refusal indicated that it was business use on the first floor and a one -family dwelling on the second floor.
That was incorrect, and I had the refusal amended.
It now reads business on the first floor, two -family dwelling on the second floor, and I have updated that amendment in a separate submission.
All right. Did you have to update the drawings on that?
No, I did not.
it was just incorrectly sorry miss three um the refusal that was in the exhibit packet
only indicated the business and professional office and single family dwelling can you please
forward a copy of the amended refusal because i have not seen it yes um i apologize i did believe
i uploaded it as a additional um exhibit after my original um exhibits were uploaded but i will
send it to you today ms emerson okay i'll i'll look for it now because the board will need the
date on the refusal um in order to vote on this case thank you have you emailed in all the required
documents and exhibits that needed to proceed this case okay thank you please proceed to share your
Thank you.
Thank you.
just give me one second sure i'm on a new computer today and i'm not 100 familiar with it
I can't click my sources of it, let me get it on.
You can see them.
I need just to move out the chain.
The person, yeah, so then we can put it all the way up now.
It's not normal.
let's see if it just started number one
okay thank you
Commissioners, I apologize.
No, no, we're fine.
My computer died today, and I'm on my sons, and I'm not familiar with it.
So, Commissioners, we applied to the Zoning Board of Adjustment for the Mount Zion CDC.
Frankly, they want office, business, and professional use for their organization on the first floor
and a two -family dwelling on the second floor.
This was the original refusal.
I did again amend it
and I have submitted it but I will send
the amended refusal to you
again today
Isaiah
you just make that a little bit
bigger so we could it's just a little
hard if you can
that's it
that's fine
that's your tax information
how's that gonna
Commissioners, here is our tax information to show you that our taxes are clear.
Here's the deed.
Commissioners, here are the plans.
This property sits almost near the corner
of 50th and Woodland Avenue.
Here is the site plan of how it's laid out.
It's a three -story dwelling here.
Over here are actually the plans.
Basically, we are asking for office use on the first floor.
You come in through the front here, there's a reception area.
Over here, we have one office here.
We have a second office in the back.
We have a lavatory for the individuals who work in the organization, and then there's a little lounge area for the staff, and there's a patio outside.
and then there's a little lounge area for the staff and there's a patio outside in the back.
I'll show you pictures of the rear yard in a minute. Frankly, the CDC would like to use this
for their organization. They would like to use it for community meetings and also offer the space
out to members of the community for meetings and information sessions which would benefit
their members. The office will be open from Monday to Saturday, from 8 to 10, and it'll just be used
by the community. We are proposing to have two apartments on the top. Basically, they're
two two -bedroom apartments. We have a bedroom in the front, a bedroom in the back, a laboratory,
in a kitchen area. In the back is just the roof below. On the third floor is
pretty much the same setup. We have a bedroom in the front, a laboratory in the
middle, a kitchen and a living area, and another bedroom on the third floor. I took
numerous pictures here's the posting of the property next door to this property is also a
multifamily it's a second picture of the property that's the rear yard of the property where the
the trash will be stored until Trash Day.
That just shows the area between the properties.
And the place is studded out.
It's not fitted out.
We are waiting for zoning to be approved.
And I just took a picture of all three floors,
which are currently studded out.
Here is a picture of the property at the intersection of 50th and Woodland Avenue.
It's another picture of the property. It's a picture of the property next door,
which I believe is a four -family dwelling.
That's a picture of across the street, Catacorna, which is Mount Zion Church.
right across the street is the SEPTA bus terminal.
That's a picture of a Woodland Avenue looking west.
An additional picture looking east.
That's directly across the street is a health center
directly across the street from the building.
just some additional pictures of the block there are multi -families along the block a lot of them
are vacant though and they need development that's our next door you can see there's a duplex you see
the mailboxes additional multi -family are next door to our property these all were multi -families
but they're all vacant now and they're all in need of renovation.
I did notice a meeting with the CDC for June 5th
and we met with the community organization.
I sent out 62 notices.
The meeting was attended
not by a lot of people, but it was attended.
And we did get a letter of support
from the Southwest CDC.
Let me see if I can open that up.
Yeah, I'm not able to open the letter, but I believe you have a copy of it.
And I'm open for...
It says unanimous support, am I correct?
You want to bring your client on?
Mr. Sanders, can you raise your hand, please?
They haven't allowed to speak.
Mr. Sanders, could you please state your name and spell for the court stenographer?
Jerry Sanders, please unmute yourself.
my name is jerry sanders j -e -r -r -y s -a -n -d -e -r -s you swear or affirm to tell the truth
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
the whole truth is nothing but the truth yes
Please proceed, counsel.
Good morning, Mr. Sanders.
What is your relationship to the Mount Zion CDC?
I am the president of the nonprofit.
And are you guys the owner of 5003 Woodland Avenue?
Have you heard my testimony as presented to the board today?
And if you were to testify today, would you adopt my testimony as true and correct?
yes that's all i have commissioner the questions from the board i have no question
i have a question how many entrances was it for for the unit for the units is it separate
interest for the units in the business uh space yes uh let me see if i can go back down to the plans
uh -oh it's working well do you want to wait till
So, we've got one o 'clock.
So basically, there is a separate entrance.
This stairs will take you into the first.
You can traverse up these stairs
and take you to the second unit.
And then you traverse up the stairs
and it'll take you to the third unit.
So there's a separate entrance
for every use on this diagram.
That's where?
Any other questions?
Thank you.
Yeah, I do have one comment.
I'm sorry.
I'm sorry, board member Cheryl.
I'm sorry.
Go ahead.
Question.
You said what were the hours that were going to be for the offices?
8 a .m. to 10 p .m.
And that was Monday through Saturday?
And so you did meet with the community and they approved that?
Yes, they did.
Okay. So the CDC is connected with the church use and will the church be using this as office space or am I?
Actually, the CDC is not necessarily connected to the church. They are a separate entity. Of course, some members of the CDC belong to the church, but the CDC is not an entity of Mount Sinai Church.
okay so then the office spaces will be used for whom zoning meetings okay uh information on
meetings uh for affairs that the cdc would put on like uh first -time homebuyers seminars
and things of that sort okay all right uh thank you and i think i had one more question but i
can't think of it now thank you any other questions from the board yeah one one comment as i normally
do uh you go to the layout for this the units second the third floor units
you'd like it goes to the second third floor units so if you go to those units that's barely
a living space for the kitchen and living area i know that's not a zoning issue so i'm concerned
that you created a two -bedroom unit that probably is better as a one -bedroom unit. I know we can't
dictate number of bedrooms, but that's a concern. Well taken. All right. Yes.
Other questions? I'd also like to add these apartments are offered at a reduced rate to
members of the community and members of the church yeah i just i understand the idea of
affordability and the reduced rate but units have to be livable you know a living room should be a
living room you know there should be a place where folks can eat i don't i don't see in there where
you can have a tv or a couch or something and for a two -bedroom you know so i understand your
concern. Got it. Yeah. Thank you. Questions from our attorney, Hillary Emerson.
No questions, Mr. Chair, but I did just want to comment. I was able to locate a copy of the
amended refusal. The date is 7 -25 -24, and it does change the description for a business and
professional office on the first floor with two family household living on the second and third
on the first floor with two -family household living on the second and third floors.
floors.
There are additional refusals. The initial refusal only had a refusal for the business professional
office. There is now additional refusals for the two -family household living as well as multiple
principal uses on a lot. So again, that was issued 7 -25 -24.
Questions or comments from the virtual audience?
Yes, Chair, we have Craig with a hand raised, and they have been allowed to speak.
Good morning, Craig. You've already been sworn, sir.
Just state your name for the record.
Craig Melodosian.
I personally wanted to speak in support of this project.
I have a prior history with the use of these buildings, with a four -year grant program involving a mixed use between Mount Zion and the Amachi program.
We regularly had meetings in the commercial space.
These buildings, in my opinion, are integral to maintaining the integrity of the Mount Zion campus.
They were in a challenge situation at the time.
This would stabilize them, make them useful.
They do sit adjacent to the SEPTA portal,
so that, or rather the SEPTA maintenance unit.
So that does bring some challenges to getting buildings like that used in the
The fact that the church can use them directly across the street from a
major health center.
I just think this is a wonderful reuse of these RSA five properties.
Thank you, Craig.
Anyone else in a virtual audience?
i see no hands planning commission
good morning dan powers with the city planning commission the comprehensive plan recommends
changing zoning at this location from rsa 5 to rm1 the proposed use does not conflict with the
purpose and spirit of the zoning code the city planning commission recommends that the board
grant the variance for offices and residences at this location.
Thank you. MI 2023 -006 -304 -5003 Woodland Avenue. I vote yes. Proviso. Amender refusal dated 7 -25 -24.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
my vote is yes with proviso
Tanetta Graham
my vote is yes with proviso
Ishmael Shaheed
my vote is yes with proviso
thank you counsel
thank you very much commissioners have a good day
is there anyone in the virtual audience whose case has not been called
here we have Jerry Sanders with their hand raised
once again they have been allowed to speak
mr sanders your case is over and it's approved i just wanted to thank you all thank you very much
oh thank you mr sanders we appreciate it um anyone else in the virtual audience this case
has not been called i see no hands thank you everyone see everyone at two o 'clock thank you
very much okay
good afternoon everyone my name is bill bergman and i will be chairing this afternoon's meeting
with us is our vice chair ismail shaheed president mr chairman our board member
cheryl l gaston president mr chairman our board member kinetta graham president mr chairman our
board member michael johns and i believe ty it when our other board members should be on very
shortly let's take take a look at our schedule for this afternoon oh wait a minute i'm sorry
here's our virtual format the proceedings are being recorded with your participation
agreed to be recorded a video will be available by contacting kathleengrady at phila .gov
For our court sonographer and attorneys, we ask witnesses and attorneys to identify themselves.
If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.
To enter or appear on a statement, call 267 -270 -5548.
Leave your email address and the address of the property in question.
And finally, the question box on the screen is not for testimony.
Any questions, please contact Kathleen Grady.
Any questions, please contact Kathleen Grady.
Here's our regular list and our continuances.
Number one, MI -2022 -007 -295 -5737 Elmwood Avenue.
That case is continued.
Is Mr. Anastasio in the audience?
Good afternoon, Chair. This is Nadia, and I'll be your co -host, and Mr. Anastasio has been allowed to speak.
Anastasio, could you please state your name and spell it for the court stenographer?
Good afternoon, Mr. Chair. Vern Anastasio, A -N -A -S -T -A -S -I -O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Could you give the update on your first case there?
Helmwood?
This was a request made by Council Member Kenyatta Johnson's office and the RCO.
It was a joint request made by them, and they are working with me and my client on reaching a community benefits agreement.
Thank you very much, Mr. Anastasia.
We appreciate it.
Yes, sir.
So, number two, MI2023, 002 -778 -2848 North 26th Street.
Zen Jin is the attorney.
I believe there's a request for a continuance.
Counsel?
Yes, good afternoon.
Good afternoon, counsel.
Could you please state your name and spell for the court sonographer?
Yes, my name is Zen Jin, Z -H -E -N, last name J -I -N.
I understand you want a continuance.
could you please give us an update? Yes. So this property was before the board a few times
as a pro se with the prior owner. The property has since transferred hands and I was retained
by the new owner to continue the application. We just met with Suampudo, in fact, two days ago.
Right. And this is a joint request. There's going to be one more meeting. And I believe that would
then finalize their requests and requirements for us to be able to move forward to a final
hearing. So we would ask for one more continuance of this matter. Thank you very much, sir. So MI
2023 -002 -778 -2848 North 26th Street, cases continue and mark must be heard. Thank you.
Number three, MI2023 -003 -244 -5558 Crousen Street.
Charbone Anderson is the listed owner.
Andrew Menuh is the listed applicant.
This is a request for contingence.
Could either one, is the applicant available?
Or the owner.
They have been allowed to speak.
Yes, I'm available.
Hi, could you please state your name and spell for the court sonographer?
Charbonne Anderson, first name C -H -A -R -B -O -N -E, last name A -N -D -E -R -S -O -N.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I understand you want a continuance.
I wasn't aware of a continuance today.
I know we had a continuance before, but I was ready to go today.
You were ready to go today?
um chair we also have andrew menio with their hand raised yes i believe that's the architect
for the project yes he's the architect miss anderson we have a request for continuance from
july which is after the last time this case was heard so we thought that applied to this listing
no um i do not well i have to see if we have exhibits but i'm not sure if we have
the required exhibits move forward i can i can look into that mr chair but all right why don't
we understood this was a request for continuance based on an email that was sent last month yep
yep so why don't we look at that and i'll i'll get back to that in a few minutes okay okay
Number nine, MI 2024 -003 -186 -226 Mannheim Street.
That case is continued.
Number 10, MI 2024 -003 -187 -222 Mannheim Street.
That case is continued.
and number 11, MI 2024 -003 -278 -5336 Ridge Avenue.
5336 Ridge Avenue, that case is continued attorney moving party.
That case is continued attorney moving party.
Number 13, MI 2024, 003 -335, 621 -25 Reed Street, that case is continued.
Are there any other requests for continuance?
Chair, we have Oleg Sokolov with their hand raised, and they have been allowed to speak.
Council, could you please state your name and spell for the court stenographer?
Good afternoon, Chair. Oleg Sokolov, O -L -E -G -S -O -K -O -L -O -V.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, Chair.
I understand your case's number is on 16th Street, 3612 North 16th?
Yeah, that's correct. 2024 -003857.
You're right. This is the first listing.
Yes, sir.
Could you give us an update where you stand with this?
Sure. We unfortunately were unable to put the notice posters up in time, so we didn't submit an exhibit packet, and we're also considering making some alterations to our proposal and going back before the RCO again, so we're requesting one more, one continuance here.
Thank you. MI 2024, 003, 002, 3612 North 16th Street. Cases continue. Mark, must be heard.
Thank you, sir.
Sure. Thank you. And number six. MI 2024, 002, 013, 1709 Federal Street. This case has been withdrawn.
on. We're going to go to our add -on list. Number one, MI 2024, 000767, 1425 Marlborough
Street. My vote
Michael Johns, my
vote is no.
Cheryl Gaston, my vote is
Tanetta Graham, my vote is no.
Ayewen, my vote is no.
Ishmael Shaheed, my vote
is no.
We're going to go to our regular list.
We're going to go to number four.
Um, Tanetta Graham will, will recuse herself for this case. So it's MI 2023 006 962 3214 West Montgomery Avenue. Henry Clinton is the attorney. There's a letter of unanimous support from Strawberry Mansion CDC, and also a letter of non -opposition from Council Member Young.
Mr. Clinton.
good afternoon mr chairman members of the board
mr clinton could you just state your name and spell for the court stenographer
sure henry clinton h -n -r -y clinton c -l -i -n -t -o -n do you swear or affirm to tell the truth the
truth nothing but the truth i do could you identify your client in a relationship to this
property sure my client is an llc but the principals uh one or all of them are on the
call right now moses williams joseph williams and or diana lewis okay our vice chair has a few
questions good afternoon counselor do you agree to waive the reading of the refusal or stipulate
to its accuracy i do have you emailed in all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing we have thank you uh mr clinton
Please proceed with your screen. Thank you, Mr. Sheehan.
That is all, Mr. Chairman. It is. It's fine. Thank you. Again, good afternoon. On behalf of Diamond Park Development Corporation and their principals, Moses and Joseph Williams, as well as Deanna Lewis, we're asking for the legalization of a three -family dwelling, which has been a three -family dwelling and at times a four -family dwelling since 1989.
These are my table of contents, A1 through A10, as well as the zoning history of the subject property, indicating multifamily use since 1941.
And then this is the rest of the 3200 block of Montgomery Avenue, indicating there's 12 other multifamilies, the majority two and three family dwellings.
The refusal is, this is an RSA -5 single family zoning district, and we're asking for a legalization of its free family dwelling, so the L &I
And we're asking for a legalization of a three -family dwelling.
So the L &I examiner issued one refusal.
And if you note at the bottom here, notes to the ZBA, I guess it was a one -story addition made several years ago in 1992.
And at that time, it also was referenced as a three -family dwelling.
And that's 1992.
As Mr. Chairman mentioned at the outset, Strawberry Mansion Community Development Corporation issued an overwhelming letter of support, 12 to 0.
Photographs. This is the subject property. This is Montgomery Avenue. There's a vacant parcel next door, front of the property.
uh just some pictures of the homes across the street there's a these are rather large homes
on montgomery avenue which as you know is a wide street just gave you a sampling of
photographs some of the properties have three mailboxes on the front some don't but the zoning
records indicate that they are multi -family many of them on the block closer view of the subject
property. We have some interior photographs, mainly of the hallways, because the tenants
felt uncomfortable having photographs distributed to the RCO and to the wider audience. But
there are three apartments, and these are the well -kept hallways leading to each one.
And then we were able to get into the basement. There's three water heaters,
three gas meters. This is a picture of the rear of the property. There are four zoning,
excuse me, four electric meters, one for each apartment, and the third is for the common space
and the exterior lighting. A posting of the posters. Plans are rather straightforward.
The basement, all utilities, as I showed you, first, second, and third floor,
two bedrooms, one bath for each floor, including a kitchen.
These were the hand -drawn floor plans by my client,
but we had them professionally done at the request of the community group.
This is an affidavit of continuous use, signed by Moses Williams,
indicating it's been continuously used as a three -family dwelling
since 1989. The remaining documents are the pro forma documents you would see in a presentation
like this. Here's a statement from the Philadelphia Tax Center indicating that there's a credit of
$36 .60 with regard to their real estate taxes. Zoning map is the subject property. Again,
it is an RSA 5 zoning district, but there are multiple family residences on the block.
This is a deed indicating ownership since 1989.
Notices indicating mailings to the community group.
We did two mailings because we had two meetings to everyone within 250 feet of the property on Clifford Street, Montgomery Avenue, Natrona Street, 33rd Street.
And this is the zoning history of the subject property.
Mr. Chairman, I'll go through just some of the history, unless you want me to go through each one.
But just to give you a flavor, this is from 1941.
Again, three -family, it was changed to four -family.
This is from 1957, four -family.
This is when it was changed from four -family to three -family.
and 73, three family, 1994.
Again, it remains three units, three family.
This is a certificate of occupancy from 1995 issued by L &I,
indicating that, yes, it was a three -family dwelling.
And basically, since it was pre -code,
just no certificate of occupancy was necessary at that time.
And this is the history of the other properties on the block, the 12 properties that are multifamily.
I can go through each one if you want to.
I think we understand.
So just in summation, this is a request for legalization of a three -family property, been in continuous use since 1989.
It's in harmony with the rest of the block.
We are not affecting anyone's light or air or the development of any adjacent properties.
And it's certainly in harmony with what the community group has supported.
And with that, I'll ask one of my clients to unmute him or herself.
I don't know if Mr. Williams is on the call or Miss Lewis, but either one, can you please raise your hand?
Ms. Lewis, but either one, can you please raise your hand?
Tyrone Williams has been allowed to speak.
Good afternoon, Chair and Board.
Mr. Williams, is your client, Henry?
Yes, we heard his case.
Oh, yeah, yeah.
State your name, please, and spell for the court's knocker.
Excuse me, Mr. Chair.
I'll just let him while he's here
Let him testify
And then we'll go back to Mr. Clint
Reverend please
Do you swear or affirm
To tell the truth, the whole truth
Nothing but the truth
Yes I do
First name Tyrone, last name Williams
I -L -L -I -A -M -S
The first meeting they weren't quite ready
With the drawings and everything
To really present
But they did come back, was ready to present great drawings and evidence of that block having multiple living in the block.
The strong point was the 12 homes he showed that was real strong in his presentation.
And we adopt his testimony wholeheartedly.
All right. We appreciate your call. And thank you, Reverend.
Thank you, Reverend.
All right. You're talking to your client is Mr. Williams, too. Am I correct?
Yes, sir.
Joe Williams. Mr. Williams. Or whatever clients here.
We have a Moses Williams with their hand raised.
I've also a client.
He hasn't been allowed to speak.
Sir, could you please state your name and spell for the court stenographer?
Can you hear me?
I can, sir.
Moses Williams, M -O -S -E -S, W -I -L -L -I -A -M -S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Mr. Clinton, please proceed.
Mr. Williams, were you on the call when I presented your project on Montgomery Avenue?
Yes, I was.
And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?
Yes, I would.
Thank you, Mr. Williams.
Questions from the board?
no questions questions or comments from our attorney hillary emerson
not at this time mr chair questions or comments for additional from the virtual audience
i see no hands planning commission good afternoon chairman david fecto f -e -c -t -e -a -u with the city
planning commission do you swear or affirm to tell the truth the whole truth nothing but the truth
yes sir i do please proceed thank you sir mr chairman and board members the comprehensive
plan recommends no change to the rsa5 residential single -family zoning at this location
the city rezoned starbury mansion in 2014. at that time the zoning for this block remained unchanged
from its previous 1967 zoning this property has a permit for three dwelling units dating to at least
1941 the city planning commission recommends the board grant or proposed use variants for three
dwelling units mi 2023 006 962 32 14 west montgomery avenue i vote yes michael johns my vote is yes
Cheryl Gaston, my vote is yes
Tia Nguyen, my vote is yes
Ishmael Shaheen, my vote is yes
Thank you
We're going to move on to number 5
Excuse me, Mr. Chair, before we do that, can we go back to Krauson Street, please?
I certainly will
that was number three am i correct i believe so yes um so is miss anderson here yes charbone
anderson please yes i'm here so we we looked into this case miss anderson um no official exhibit
packet was submitted to the board um one of the emails that that exhibit packet is supposed to go
to was copied on some information that was sent to the RCO, but that information did not include
all of the documents required by the board. So this case will need to be continued.
Okay. So will you notify me with the continuance date?
You will.
We will. Thank you. MI 2023 -003 -244 -5558, Crowson Street, case is continued.
And we're at
Number 5
MI 2024 -001 -649 -7715 Ogons Avenue. Jermaine Harris is the attorney.
MI2024
001 -649 -77
There is a letter of unanimous opposition from the 50th Ward RCO.
The applicant also has a petition signed by 54 neighbors.
Yes, good afternoon. Can I be seen and heard?
All right. Thank you. Could you please state your name and spell for the court stenographer?
Sure. My name is Jermaine Harris, and my name is spelled J -E -R -M -A -I -N -E -H -A -R -R -I -S,
and I am the attorney for the applicant, 7715 Ogons Avenue, LLC.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has a few questions, sir.
Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulated to attack?
Yes. Have you emailed in all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing? Yes. Thank you, counsel. Please
receive and share your screen okay okay this is concerning again this is concerning 7715
Oguns Avenue and this is my index of the exhibit packet that I have. We'll go to the
actual pictures of the building, but
Okay, so first thing is, this is a posting of the notice of the zoning hearing notice.
And let's get to the actual pictures.
so this is a auto this is an application for personal vehicle repair and tire repair
shop and this is the building right here
so it's been this way actually for it's my understanding at least two generations
At least since the 80s. But and but there is not a license that is that that has been issued for this particular use.
uh there was a prior owner in 2018 uh believe it was it was called total tires
so we're seeking to legalize the use of this building trying to give other pictures
this is the inside
side, a more frontal view of it. So that's essentially what the application is. Let me go
back to my packet. So this is basically a site plan of it. Again, I mean, you've seen
the pictures is a one -story brick building uh and that's pretty much what it is it's the really
the pictures speak for themselves as to the outlay of this now since council let me ask you
was there a picture of the 53 -foot trailer there is no 50 there is no 53 -foot trailer there was a
trailer uh at the time and i was going to get to that during my presentation there was okay because
i mean i'm just saying in our documents here we see storage and recycled tires in a 53 -foot trailer
and shipping container located on site right there is no trail the trailer was removed and that was
removed in response to the concerns the great concerns that the community had about the trailer
which was the storage of the tires there was a lot of pushback from the uh near
of the tires there was a lot of pushback from the uh nearby neighbors of that and so as a result
my client the owner made the decision to remove that so that way that would no longer be an issue
so those pictures that were presented at this presentation is what it looks like as it stands
right now but there was a there was a trailer on those grounds a couple of months ago but since
again since that community meeting uh he made the he made the business decision to remove it
uh given these concerns so there was the the history of this there was a licensing history
There was a motor vehicle in 2004 for it was called Total Tire, Total Tire Auto Center.
It was motor vehicle repair dispensing.
And there is a copy evidencing, the deed evidencing ownership of this particular property by the new owner since 2017, 7715 Ogons Avenue, LLC.
And the refusal, here's the refusal that was issued by L &I as to the request.
And here are 54 signatures.
There was door by door of the nearby neighbors by the owner applicant of this.
He explained the project, what he was doing, and they didn't have any concerns once there was the issue of the trailer and that being removed.
That was the biggest concern.
So what we're asking for is we're asking for this use of personal vehicle repair, tire repair, and sales for that to be granted.
We're withdrawing the application of the storage of the recycled tires in the 53 trailer.
We're withdrawing that request and shipping container located on site.
uh and we would open it up for any questions uh my client is here uh mr tenner the owner
and operator of 7715 ogons avenue llc and he would be here and he would uh he can adopt the
testimony that i've just presented before why don't you bring him on okay mr tenner can you raise your
hand. They have been allowed to speak. Hi, sir. Could you please state your name and spell for
the stenographer? Good afternoon. My name is spelled G -R -E -G -O -R -Y, last name T -E -N -A, Gregory
Tenna. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do. Please proceed, counsel. Okay, Mr. Tenna, are you the owner of 77
715 Ogons Avenue, LLC? Yes. And did you hear the testimony that I just presented to this board?
Yes. Do you adopt this testimony as if you were to testify before this board? Yes.
is there anything else you need to add or you're fine uh going solely with what uh i testified to
before the board i'd also like to add that this establishment has also been selling tires
since it was total tire before we owned it okay right it was right that's why hence the name of
total tires the previous owner right so so uh council um the truck that you took a picture
of that's on site now you're storing tires in that no tires hold on let's go back
let's go back to that
so the tires
well you know what uh i i would have mr tenner why why don't you answer that question i think
you're better suited to answer that question than not yes we use that box truck that you
Yes, we use that box truck that you see there to haul the tires from our location to a recycling facility in Conchahawken.
Okay. All right. Thank you. Questions from the board.
Yeah, I have a question. This is going to be a tire repair as part of the request, correct?
it would be sales and it does have tire repair in here in the application so so if you're selling
tires and you're repairing tires where are you going to store these tires so they would be stored
in this truck and they would also be stored in the rear let's get the picture excuse me
also in the building as well but there's a there's also in the rear there's a fenced off section
of that this is part of it right here that wood fence area is that where you land in the store
yes but let me give you there's a fuller picture that i have here
just bear with me okay yeah it would right this is a full
and this is the full length of the property this where it would be stored in addition to
inside the property okay mr tenant do you have anything else to add
yeah um not at this time okay all right i have a question uh the
petition
that was signed
does the
applicant know if those were
some of the same folks that attended the RCO
meeting or were these
outside of the RCO meeting
so I don't
know exactly the names of the people who were
at the RCO meeting
there was only like seven people who
attended the meeting however
out of the 99 letters that I sent out?
That's a good question.
I did run into some of the,
I know one of the neighbors who,
which is our closest neighbor.
I don't know if you can see from this picture here.
She's the closest one to our establishment.
So once the trailer was moved,
She was definitely a lot more happier that it was gone.
She didn't go to the meeting either, but she was definitely upset about the trailer.
So a lot of neighbors who complained about or who were concerned, may I say, about the trailer being there, that was really their main concern.
so have you um the concern was to them was providing a hardship to the community
so have you been working with the community so that you can address other hardships like
i'm thinking now that truck might be a you know proposed post a problem for the community as well
since you're going to be storing stuff there so have you worked with the community um and
rco on remedies for that yes that's a good question so it wasn't so much about the storage
of the tires that they had the issue with it was more so it seemed like the an eyesore which
because the 53 foot trailer sticks out a lot and it blocks the view of the street uh so now that
that's gone if if you can you can see that it looks very open um so that was more so the concern
not so much of the storage of the tires because the reason why we're storing the recycled tires
is to make sure that we recycle them properly and make sure we take them to a facility that
will take care of them properly and not just dump them on the side of the road like I've seen many
people do. Previously, when we did have the 53 -foot trailer, we didn't also just use it to throw our
tires a lot of the shops in the area came and and recycled their tires with us so that to make sure
that the tires were recycled properly and not just again thrown out on the side of the road like i've
seen many people do some some shops they i don't want to some places just throw the tires where
they know other people will recycle them like i know a pet boys down the road they get a lot of
tires thrown at them and they just leave them there overnight maybe like 200 tires at a time and
and they just leave them there overnight maybe like 200 tires at a time and it's
that's how some people decide to do it but we try to do it the right way
and uh but since it's an issue for the community we felt like the best way to do it would be to use
the truck thank you what's the other questions any other questions from the board what's being
stored in the in that enclosed area now at this moment at this time since we don't have uh the
tire dealer license we have no tires being stored on the lot so as you can see in these pictures
there's no tires there no no and and the fence it looks like it looks like some metal some things
that are stored there yeah so that is um those are racks and so we can that we used to have tires on
Some of them are leaning over because we haven't made them state, how do I say, we haven't put them in the ground yet so that we can figure out the most efficient way to store tires and a safe way so that they would be within regulation of however you guys see fit.
All right, thank you.
Any other questions from the board?
Yes. Question. It says here that the nine feet and seven inch rear yard is required and a five foot side yard is required and zeros proposed again on that.
So how is this property oriented with respect to the, I thought I saw a row of houses.
So how far away is this facility, if you will, from the closest houses?
Is that, am I seeing in this picture that you have here, that that's a row of houses over to the left? Or I saw another picture where, again, we saw the houses are right there.
Like the rear, yeah, the houses are like right here.
It's like the rear view of property seems to be facing the side of the closest property.
So what are we talking about in terms of how many feet is this from these houses?
There's a driveway between.
Right.
It looks like, yeah, but that's my question. What are we talking about in terms of distance here from what would be the rear here where these tires, you're going to, okay, if you were to get permission for this,
than you would store tires in this enclosed area here in the rear, which would be right
on the other side of the driveway from the residential properties?
So that's a good question.
As far as storing tires there, again, I'm kind of new to this.
So I'm not 100 % sure exactly how they should be stored, which is why you don't see any tires there at this time, along with the fact that we still don't have the permission.
So we want to do things the right way.
If there is a requirement, I think that's about like at least 12 feet, 10, 12 feet, because the trash truck passes by there.
So that's a pretty big space.
I'm not sure exactly how many feet they have to be away from residences, but that's something I'll look into.
I do know that there are certain requirements in order for there to be storage, in order for the tire license, there are certain regulations that he is required to have that the state is going to enforce as far as the storage of that.
I do know that. So so they would be the governing. They would be the governing body to make sure that the storage, any storage would be in compliance with their regulations.
and you are going to fix tires and put them back on cars and you're going to sell tires
and put them on cars is that what you're going to do or so we're a auto repair and tire center we
So we're a auto repair and tire center. We sell tires, we sell parts, we fix cars, we repair tires, anything really that has to do with cars and trucks.
so tired.
So as it relates to tires.
Oh, right.
Okay. All right.
Thank you.
I have another question. What are we doing about fire code, complying with any fire code regulations at this building? Do you have sprinklers? Do you have, I think for tires you need like hazmat licensing and things like this.
I I'm just trying to figure out should there be heaven forbid some sort of fire at this property
what do we what do we have there to uh deal with that yes ma 'am thank you very much for asking I'm
I'm glad you actually asked that um actually Ellen I came out uh yesterday if I'm not mistaken
uh to do a random inspection and they he specifically said he wants he's here to do a
fire safety check i believe was the way he worded it um and i passed with flying colors uh everything
that i needed to be there was there and you have paperwork from them that says that
No, I do not have paperwork, but I have his card, if I'm not mistaken. I can give you his information, and you can reach out to them, or I can reach out to them and have them send you the paperwork if you'd like.
Thank you.
All right. Any other questions from the board?
Questions or comments from our attorney, Hillary Emerson?
um yes mr chair so the the refusal in this case um was there's definitely some errors on it to
begin with um because the the description doesn't really match the uses that are listed below
but it sounds like the applicant has made changes and is not even asking for one of the uses
that was originally on there um has removed the trailer um which which was what the dimensional
refusal for about i believe um i'm a little bit confused why there's landscaping refusals on there
because there was nothing in that we received that indicated there was um parking being proposed
which would trigger a landscape review so um so i think so i think there's things that need to be
fixed about the refusal just in general but if the applicant is changing this the scope of what
they're asking for i think they need to request an amendment so that um it's clear what they are
requesting um before the board so jermaine that means we're not going to vote on this today
yeah i can i can do an amendment for the tire just simply for the vehicle repair
tire repair sales and recycling i i can go ahead and i can uh i can make that amendment
and then uh i i can make that amendment
hillary yes no that's fine please uh submit a written request so the board can authorize
the amendment ellen i will not amend it while it's before the board unless you have approval
from the board okay that's fine i will submit a request i will submit a request uh short as to
that questions or comments from the virtual audience yes chair we have craig melodosian
with their hand raised and they have been allowed to speak craig okay craig melodosian
Craig you're up on
Hogan's Avenue
no sir but this is an automotive
related use having to deal with
tires I stayed on from our
Elmwood Avenue piece which was
automotive related use
I've worked with Mr. Harris before
I have the greatest respect for him
however
addressing what Ms. Gaston raised
that refers back to
chapter 25 of the vehicle
salvage code
in relationship to fire code and traditionally that that's meant to be associated with vehicle
salvage tire rebuilding and storage in in open and what we would consider more industrial areas
and i will be raising this on multiple other cases coming before
And I will be raising this on multiple other cases coming before you.
We would ask that the board consider a higher standard, which under the zoning code is table 14 -602 -3, which regards that the storage of parts must be an enclosed structure.
And with this being immediately behind residential areas, such as we have on Woodland Avenue, I don't think it's unreasonable to ask that the tires not store water, which would potentially be a vector for insects to fly out.
Greg, thank you.
I leave it at that. I ask for your consideration in the future with that respect.
We appreciate your comments.
Is there anyone else in the virtual audience?
Yes, Chair, Tyrone Williams has been allowed to speak.
Tyrone from, okay.
Mr. Williams?
Mr. Williams?
Tyrone Williams, please unmute yourself.
You have been allowed to speak.
i'm sorry mr chair and board that was a mistake i must i know i was wondering if you're a boy okay
thank you anyone else in the virtual audience i see no hands planning commission do you want
to take a position on this or do you want to wait till we get back the uh chair i think we'd rather
wait until we get the amended refusal so we know what we're recommending for or against thank you
All right. All right. So, Hillary, this is going to be closed except for amended refusal.
So we're going to need to have a resumption hearing, Mr. Chair.
All right. All right. We'll do a whole resumptive hearing. Thank you.
Counsel, can you hear that?
Yes. All right. I'll do it right.
Right. OK. Thank you very much.
Thank you.
Number seven, MI 2024 -002 -801 -2000 -24, Art Street. Robert Careless is the attorney. There's a letter of non -opposition from Logan Square Neighborhood Association with a proviso and a letter of non -opposition from Council Member Young.
good afternoon mr chairman all right counsel could you please state your name and spell for
the court stenographer yes robert careless c -a -r -e -l -e -s -s goes in o 'connor you swear or
affirm to tell the truth the whole truth nothing but the truth i do please proceed sir
i'm sorry one minute could you identify your client and their relationship to this property
Sure. I represent 2000 Arch Associates LP, the property owner.
Our vice chair has a few questions for you.
Do you stipulate to the reading of the refusal, and do you agree with the accuracy of the refusal?
Yeah, I agree to waive the reading of the refusal, and I do stipulate to its accuracy, and I did mail in my exhibits.
Okay, fine, fine. Why don't you start your presentation, sir?
Can you see my screen, Mr. Chairman?
Yes, we do.
Thank you again, members of the board, Bob Careless, Cozen O 'Connor, again, and I'm before you today with respect to the new 18 -story professional office building for Chubb, which is under construction at 2000 Arch Street.
And this application requests a special exception for the use of the ninth floor outdoor area as a roof deck accessory to the new office building.
Showing you my index for the exhibits, which I will move through quickly.
Exhibit A1 is a copy of our deed into the property.
Exhibit A2 is a copy of our tax clearance certificate.
Exhibit A3 is a copy of our application to L &I.
Exhibit A4, and this will start giving me a picture of what we're asking for today.
This is the drawing that was submitted to L &I.
Our deck fronts along Arch Street to the north and along 20th Street to our east.
On the western side of the proposed deck, we are set back a little further due to the provision of a green roof here.
So our occupiable area does set back much further from the western side of the building.
The railings on our proposed roof deck are in compliance with the code, as you can see,
markings throughout showing the five -foot setback.
The height of our railings also conform to the code at the 42 inches with three and a half feet, as you see here where my cursor is indicating.
The height of our railings also conform to the code at the 42 inches with three and a half feet.
This office building was approved back in 2022 for zoning.
At that time, our initial plan had proposed this outdoor area with a pergola structure that would have covered the occupiable area.
So it was not technically under the code of roof deck.
We are now proposing to remove the pergola structure and as a result, seek approval for the use of this ninth floor outdoor area as a roof deck accessory to the office building pursuant to 146045 of the zoning code.
Exhibit A5 is our referral issued on May 3rd for the use of the roof deck.
Exhibit A -6 is our application for a special exception filed to the board on May 6, inclusive of the project information form.
Exhibit A -7 are proofs of posting, pictures of posting along the frontages for the property.
and then this is just an aerial map so the board can see where we posted our signs
exhibit a8 this is a rendering you're standing on the western side of the deck you're looking
northeast toward the corner of 20th and arch street here again you see our railings and
with the appropriate setback and height. We met with Logan Square Neighborhood Association
on June 25th, our coordinating RCO, and Exhibit A9 is a letter confirming the result of our
meeting. LS &A voted unanimously to not oppose the application subject to a proviso with no
amplified sound. That proviso traces a covenant from a 2019 agreement related to the property.
We agree with the implementation of that proviso. Mr. Chairman, I do have as Exhibit A10
a resume for our architect from Stantec, Kristen Sage. She's available to answer questions that
the board may have. Before I get to my, I'd like to call Mr. Walei Mamogunje in a moment
to adopt my testimony. But just for purposes of the record, I'd like to
reiterate that this is a special exception, not a variance. As the board knows, special
exceptions are contemplated permitted uses subject to compliance
with the standards. So just for the record, our proposed use is permitted.
We comply with dimensional requirements. We will have no impact on public streets or the
transportation systems. We will not impair light or air to adjacent properties.
We will not burden public facilities. We will not impair the use of adjacent
properties, and we will not endanger the public health, safety, or welfare of the community.
So with that, Mr. Chairman, I'd like to ask Mr. Wale, Momogunje Parkway Corporation.
Okay, sure.
Can you be promoted?
They have been allowed to speak.
Sir, could you please state your name and spell for the stenographer?
Yes, sir.
Good afternoon.
My name is Wale Mabogunjev, first name W -A -L -E, last name M as in Mary, A as in Albert.
B as in boy, O as in orange, G as in gun, U as in umbrella, N as in Nancy, J as in juice, E as in egg.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Wale, you are the vice president, project executive at Parkway Corporation?
That is correct.
And Parkway Corporation is an affiliate of 2000 Arch Associates LP, the property owner?
That is correct.
And did you hear my testimony to the board, Wale?
Yes, I did.
And would you adopt that testimony as true and correct as if it were your own?
I would.
Mr. Chairman, I do not have any further questions.
Again, Wale and I are here to answer questions along with architect Kristen.
Questions from the board.
I have no questions.
I have a question.
Is there public access?
Is there public access to this building, to the roof deck?
No, ma 'am.
No, this is a roof deck accessory to the professional office building for Chubb.
questions or comments from our attorney hillary emerson
just briefly um mr careless uh is your client okay with the proviso for no amplified sound
that um was suggested by the logan square neighborhood association we agree with the
implementation of the proviso all right thank you questions or comments from the virtual audience
i see no hands planning commission thank you chairman and good afternoon david effecto with
the city planning commission uh chairman and board members the comprehensive plan recommends
no change to the cmx4 commercial mixed use of zoning at this location
to the cmx4 commercial mixed use of zoning at this location the appellant has shown that the
I don't know.
proposed roof deck will have no detrimental impacts to the neighborhood beyond what might be expected
the city planning commission recommends the board grant a proposed special exception for a roof deck
Thank you, David. MI 2024 -002 -801, 2000 -24 Art Street, I vote yes with proviso. No amplified sound.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Taya Wen, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Thank you, counsel. Thank you. Number 12, MI 2024 -003 -318 -216 Dawson Street. Rachel Pritzker is the attorney. There's a letter of non -opposition from Council Member Jones and a letter of support from the Wissahick and Neighbors Civic Association.
Hello, Chairman.
could you please state your name and spell it for the court stenographer yes it's rachel r -a -c -h -a -e -l
pritzker p -r -i -t -z -k -e -r right you swear or affirm to tell the truth the whole truth nothing but the
truth yes could you identify your client their relationship to the property uh my client is
dr jeffrey glenn uh and he's the owner of the property vice chair has just a few questions for
good afternoon council do you agree to either read another refusal or stipulate to its accuracy
yes have you emailed in all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing yes thank you council please proceed
and share your screen okay can we also promote the architect just in the interest of time um
Jeremy. Sure. As well.
Jeremy, if you are in the virtual audience, please raise your virtual hand.
Are you seeing my screen?
We can. Yep.
So this is 216 Dawson Street, property zoned RSA 5. The application is for a dental office, a group practitioner in an existing structure. This is for the second, the basement, second and third floor. It was previously approved over 20 years ago for dental practice on the first floor.
So we're just expanding an existing non -conforming use for a dental practice that's been in this neighborhood and in this property for about 20 years.
The property is located on RSA 5, but it is actually between Dawson Street and Ridge Avenue.
So not far from the main commercial corridor, as you can see from the zoning maps above and given its location near this commercial corridor and its existing longstanding use.
The RSA 5 zoning provides a hardship.
We'd have to only use a property as a single family home.
It's been a dental practice,
it's been in the neighborhood for 20 years.
And again, just looking to expand it,
basement, second and third floor.
We do not wanna have to demolish the interior
and turn it into a single family home.
They're just photos of the exterior
with the zoning posters.
So you can see sort of the corner of the property towards Ridge Avenue.
Zoning posters.
We met with the RCO back in July 18th, which was the Wissahick and Neighbors Civic Association.
We have a letter of support from them in addition to, here's the vote.
So, and then in addition to a letter of non -opposition from or support from Councilman Jones's office, this is just the zoning archives that granted the variance back for this and sort of the extension of the dental office from the adjacent structure.
and so again it's been a long -standing use since at least 1996. I want to have our architect go
through the plans just to show kind of where we're expanding the space and again it's just
going to be used for a dental office and we are sort of in character with the neighborhood there's
various other properties on that block that have commercial uses and again given its direct
proximity to Ridge Avenue. It is in character with sort of the mixed use of that location.
It is in character with with sort of the mixed use of that location, in addition to the objectives of the 2035 plan, which, although they focus mostly on Ridge Avenue, again, this is sort of directly adjacent and a longstanding existing use.
If Jeremy can go through the plans.
We see Jeremy saying.
I think I'm.
Hi, could you please.
Could you please state your name and spell for the courts to knock it from.
Yes, Jeremy LeComp, J -E -R -E -M -Y -L -E -C -O -M -P -T -E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Jeremy, can you just go through the floor plans?
You'll see in the plans that Rachel has on screen that the primary entrance to the existing dental office is at the corner of Ridge Avenue and Dawson Street there.
This is an existing operating dental practice, and there's already an existing breach between that corner property, 218 to 220 Dawson Street and 216 Dawson Street, the adjacent building.
we're simply looking to expand the use within the same building that's already used as a dental
office to that upper floor which you see highlighted as well as the the basement level
and continue operation as a the business that already exists
thank you thank you this is just some photos of the interior that we included
just so the board can see that it's a dental practice as mentioned
and i think we did uh the councilman's office did send over earlier this morning
their letter of support um which i want to make sure that the board has
we have it okay if i can bring on my client chairman yep um is there you see jeffrey glenn
in the audience.
Jeffrey Glenn, please raise your virtual hand.
I see no hands.
Okay, I'm just going to ask him to join.
Well, you're an officer of the court.
I think we'll gladly take your testimony.
Questions from the board.
Jeffrey Glenn's hand has been raised.
Jeffrey, please state your name and spell for the court stenographer.
My name is Jeffrey, J -E -F -R -E -Y, Glenn, G -L -E -N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Dr. Glenn, have you heard my testimony today?
Do you believe it to be true and accurate, and do you adopt it as your own?
Yes, I do.
Thank you.
Um, questions from the board.
I have no question.
Um, how many Dennis are you going to have in here?
That question to me.
Just one.
Oh, it's just one.
Uh, but you're asking for group practice.
Yeah, in the event we get more than one, we didn't want to have to go back through. So the space can allow for more than one dentist and the options are kind of sole or more than one. So more than one was the suggestion.
And is there is there a max on a number in a group practice?
uh not that i'm aware of i'm sure from a fire code perspective there's like occupancy rules but
it doesn't specify that you can only that a group means like four to seven it's not like daycare
where they give you kind of that it's either soul or not soul gotcha okay and then uh parking
there's no parking it's like existing building so i assume people park on ridge or on dawson or
nearby and and how long did you say this practice has been there so over 20 years 1988
oh oh okay all right thank you thank you i have one has it ever been here's the second floor ever
been used as a residence no not in the structure no thank you thank you
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
i see no hands planning commission thank you chairman and good afternoon david fechto with
I see no hands.
Planning Commission?
Thank you, Chair.
the city planning commission the comprehensive plan recommends no change to the rsa5 residential
single -family zoning at this location this property has a documented history as a dental
office dating to 1954. the proposed expansion will not injure the use of adjacent property
the city planning commission recommends that the board grant the proposed use variants for dental
office group practitioner. Thank you. MI 2024 -003 -318 -216 Dawson Street. I vote yes.
Michael Johns. My vote is yes.
Cheryl Gaston. My vote is yes.
Tanetta Graham. My vote is yes.
Ayewen. My vote is yes.
Ishmael Shaheed. My vote is yes.
Thank you, counsel.
Thank you.
Okay. Number 14, MI 2024 -003 -396 -417 -25 Callahill Street. Stephanie Boggs, Magnet, is the attorney. There is a letter of support from Northern Liberties Neighbors Association, a letter of non -opposition from Council Member Squillett.
good afternoon counsel could you please state your name and spell for the court stenographer
stephanie magania s -t -e -p -h -a -n -i -e last name m -a -g -a -g -n -a you swear or affirm to tell the
truth the whole truth and nothing but the truth yes i do could you identify your client a
relationship to the property sure my client is linden odg philly llc they're the owner of the
property our vice chair has just a few questions good afternoon council do you agree to a way to
read another refusal or stipulate to its accuracy yes i do have you emailed them all the required
documents and exhibits that is needed to proceed for this case five days in advance of this hearing
yes thank you council please proceed and share your screen thank you um so this property 417
cal hill street is located at the corner of cal hill street and fifth street um it was previously
approved for the construction of a seven -story multifamily building, which construction is now
complete, which you can see here. So the owner of the property is currently in the process of having
certain accessory signage to the project approved. Certain signs were recently approved by Wright,
and we're seeking approval for four additional accessory signs at the property, which will
include two wall signs. This is the west elevation along 5th Street. You can see one wall sign
proposed at the top of the building here as well as two signs that are proposed along the side of
an existing or under construction previously approved marquee which LNI has classified as
projecting signs. This is the eastern elevation of the building. This is the location of our second
wall sign that we're proposing. As I mentioned, certain accessory signage has already been
permitted at the ground floor and these are renderings of our west elevation here you can see
the building id sign at the top of the west elevation on long fifth street at the top here
as well as the projecting signs again those are being deemed projecting signs because they're
being proposed along the side of a marquee and they extend more than four feet out from the
building but they are being proposed on the marquee was previously approved with the initial
building construction um so we are seeking relief in this application um there's some additional
renderings but we are seeking a relief for the location of our wall signs to be above the second
floor windowsill as well as the classification of the two projecting signs and their projection
from the facade of the building under the zoning code um we did present these signs initially to
the art commission and their sign committee for preliminary feedback they had some minor comments
and we made some design changes in response to the comments we got back from the sign committee.
So the art commission has updated their recommendation for approval pending CBA
approval based on those changes. And those latest sign plans were also presented to the Northern
Liberties Neighbors Association in July, and we're happy to include their letter of support
in our packet as well. So as I mentioned, we did make minor changes in response to the feedback
that is where we are submitting proviso plans today in connection with this application. So
if the board is inclined to grant relief, we do ask that it be done subject to proviso plans.
With that, I'm happy to answer any questions. John Silverberg is here on behalf of ownership.
If I can have him identify himself. Why don't you bring your client on?
John, if you haven't done so already, can you please raise your hand?
john has been allowed to speak
Hi, could you please state your name and spell for the stenographer?
hi could you please state your name and spell for the stenographer
my name is john
My name is John Silverberg, J -O -N -S -I -L -V -E -R -B -E -R -G.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you, John.
Did you hear the statements I made to the board this afternoon?
I did.
Are they complete and accurate?
Would you adopt them as your own?
Thank you.
Questions from the board?
I have no questions.
Questions or comments from our attorney, Hilliard Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission?
Thank you, Chairman, and good afternoon.
David Fechta with the City Planning Commission.
Chairman and Board members, the comprehensive plan recommends no change to the CMX3 commercial
mixed use zoning at this location the appellant requests relief for four signs which would not
comply with the dimensional standards in the code signs r2 and r3 are for building identification
and they match the character of signs on surrounding buildings signs r1a and r1b would
project over the sidewalk the appellant has not shown that an economic detriment would accrue if
these signs were required to comply with the dimensional standards in the code so the city
planning commission recommends the board grant or propose dimensional variants for signs
R2 and R3, but deny the proposed dimensional variance for projecting signs R1A and R1B.
Counselor, do you want to take a minute to respond?
Sure. Just to clarify, so the projecting signs as they're being classified by L &I are proposed
alongside of a marquee that's previously approved by L &I. It's currently under construction.
There is no additional encroachment along the sidewalk that will be created in relationship
to these signs. Thank you. MI 2024 -003 -396 -417 -25 Callahill Street. I vote yes with proviso.
Revised plans, six pages, stamped by ZBA, August 14th, 2024.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Taya Nguyen, my vote is yes, with Proviso.
Tanetta Graham, my vote is yes, with Proviso.
Ishmael Shaheed, my vote is yes, with Proviso.
Thank you, counsel.
Thank you.
Is there anyone in the 2 p .m. virtual audience whose case has not been called?
Chair, we have a Chon Wright with their hand raised, and they have been allowed to speak.
Sure. Hi, I apologize for my tardiness. I've been late to the call. I was just trying to find out, I guess.
Hold on one minute. Could you state your name and spell for that's right? Could you say your name and spell for the court stenographer?
My name is Sean, C -H -A -W -N. Last name is Wright, W -R -I -G -H -T.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I do. What case do you want to know about?
I believe it's case number 14. It was actually a continuance, and I am on as a...
What's the location?
The location is 7715 Oguns Avenue.
So we heard that, and there's going to be a continuance of that case. We're going to bring that back.
Okay. So just to clarify, ma 'am, we heard the case, but they need to get a refusal that accurately reflects what they are now requesting. So they will be amending with the refusal and we will be having a resumption hearing, which will be posted that will need to be reposted at the property.
okay i i okay i'll i'll um it's been a conflict with the neighborhood in trying to keep up with
these cases it's never posted on the property and we run to anthony phillips office all the time
like i i had to call them to get a number to rco just to get this number to call now so all right
but thank you but if you if you entered your appearance to get onto the zoom you'll receive
notifications of any upcoming hearing dates for this matter. Yeah, they said that before that
didn't happen. So it's been unsuccessful attempts. I do a lot of chasing just to get a seat at the
table. But thank you. Thank you. Is there anyone else in the virtual audience? Okay, everybody,
we're going to come back at 3 .30 and start the 3 .30 list. Okay, thank you.
Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's meeting with me, our vice chair, Ismail Shahid.
meaning meaning with me with me our vice chair is mil shaheed present mr chairman our board
member cheryl l gaston present mr chairman our board member tanetta graham present mr chairman
board member michael johns michael's he he'll be here any minute and our board member taya win
Present, Mr. Chairman.
Also present is our attorney, Hillary Emerson, and the Deputy Director of Planning and Zoning, Kathleen Grady.
Here's our virtual format.
Proceedings are being recorded.
With your participation, you agree to be recorded.
Video will be available by contacting kathleen .grady at phila .gov.
For a court stenographer, we ask all witnesses and attorneys to identify themselves before testifying.
If you're participating by phone, press star 9 to raise your hand and star 6 to unmute to enter an appearance statement.
Call 267 -270 -5548.
Leave your email address and the address of the property in question.
And finally, the question and answer box on the screen is not for testimony.
All comments should be directed to our executive director, Kathleen Grady.
Let's look at our schedule for this afternoon.
Number two, MI 2023 -004 -384 -1196 Adams Avenue.
This case has been continued.
Let's see here.
um anyone representing that please please come forward 4864 lancaster avenue
nevae angel floyd if you're in a virtual audience please raise your virtual hand
i see no hands chair okay um
this is the second listing no one appeared last time so mi2023 006 954 4864 lancaster avenue
i vote to dismiss michael johns i vote to dismiss cheryl gaston i vote to dismiss
janetta graham i vote to dismiss i am when i vote to dismiss ishmael shaheed my vote is to dismiss
Thank you. Number four, MI 2024, 001 -773 -824 North 63rd Street.
That case is continued. Number five, MI 2024, 001 -780 -2633 Jasper Street.
That case is also continued. Are there any other requests for continuances?
yes chair we have darlene treat with their hand raised and they have been allowed to speak
i counsel you've already been sworn once today just for the record state your name
darlene please unmute yourself
my name is darlene treat right and you've already been sworn in the case you want to
talk about is 2337 North 30th? Yes, Commissioner. I took over this case for Mr. Hamilton. I finally
did schedule a community meeting. It's on the 28th of this month, and I'm asking for another
continuance today. Thank you. So MI 2023 004084 2337 North 30th Street. Cases continued. Mark
must be heard. Thank you for calling in, Counsel. Thank you, Commissioner.
let's see here
MI 2024
810 3522
Sussex Lane
Cheryl Zimmin
and Alina Zimmin
it's pro se
no exhibits first listing
Cheryl, if you're in a virtual audience, please raise your hand, or Alina, if you're in a virtual audience.
Chair, we have Cyril. They have been allowed to speak.
Chair, we have Cyril. They have been allowed to speak.
Yes, we are here.
Hi, could you please state your name and spell for the court's tonographer?
Okay. Spell name?
Serhii Zimine and Olina Zimina.
Could you spell that, please?
S -E -I -R -H -I -I -Z -I -M -I -N.
Right.
Do you swear or affirm that tell the truth, the whole truth, nothing but the truth?
Hello?
So this is the first listing.
We do not have your exhibits.
We have not received your paperwork.
We had a meeting and maybe it's our first time experience.
And maybe we made an incorrect way for results in this situation.
We received a violation notice.
And when we was on the city of Philadelphia, they said we have to begin process to make our building like a two -family house.
Okay. All right.
So here's what you're going to need to do.
I want you to contact the office.
they will tell you what you need to to submit and then next time we'll we'll reschedule this the next
time you should be ready to go but you have to call the office and find out everything you need
to submit okay maybe we have to uh close this uh process and this case because we uh opened another
ma 'am please discuss please call the office and if there are issues with multiple cases
um the staff will reach out to me and we'll get it sorted out thank you can i have a phone number
for calling we're gonna put the phone number in the chat man okay thank you thank you very much
Thank you.
So number seven, MI 2024, 001 -812 -201 East Westmoreland.
Ana Valasquez is the listed applicant.
Jose Garcia is the listed owner.
This is the first listing.
We have no exhibits.
We also have a request from continuance from HACE RCO.
Anna or Jose, if you're in a virtual audience, please raise your hand.
I see no hands, Chair.
So this is the first listing, and we also have a request from the RCO for it to continue.
So MI 2024 -001 -812 -201 East West Moreland Street.
Cases continue.
Mark must be heard.
And number eight is our first case. MI 2024 -002 -375 -1 South Christopher Columbus Boulevard. Anthony Forte is the attorney. There's a letter of non -opposition from the Central Delaware Advocacy Group, and there's a letter of non -opposition from Council Member Squill.
mr forte chair we have somebody by the name of frederick poindexter with their hand raised
would they be in the same office yes yes they are okay all right they have been allowed to speak
thank you thank you chair could you please state your name and spell for the court sonographer
Sure. My name is Frederick Poindexter. That's F -R -E -D -E -R -I -C -K. Poindexter is P -O -I -N -D -E -X -T -E -R.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you turn your video on, please?
Mr. Poindexter?
Thank you.
Hi, Mr. Poindexter.
Could you identify – do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
All right. Could you identify your client and the relationship to the property?
Sure. The client is the Delaware River Waterfront Corporation, and they are tenants of the property.
Okay. Thank you. And our vice chair has a few questions, sir.
Good afternoon, counsel. You agree to waive the reading of the refusal or stipulate to its accuracy?
agreed have emailed in all the required documents and exhibits that's needed to
Agreed.
Have you emailed in all the required documents and exhibits that's needed to proceed?
proceed with this case five days in advance of this hearing yes we have thank you council
please proceed and share your screen uh may i ask that the board promote crystal bordoni
callie who's also an attorney here at the firm to share her screen for the exhibit and other
materials sure and you're going to do the testimony correct yes okay thank you thank you
yes i'm sorry um that person would need to raise their hand okay they have been promoted to panelists
hi good afternoon it's crystal bordoni kelly here you're just you're just going to put the
screens up am i correct correct that's correct thank you why don't you start thank you
all right mr poindexter thank you thank you crystal all right as stated i'm fredger poindexter
behalf of Saul Ewing and Tony Ford as applicant representing the Delaware River Waterfront
Corporation. And just a bit about the client, it's a quasi -governmental corporation organized
by the City of Philadelphia for the benefit of its citizens as stewards of the Central
Delaware River Waterfront. I am joined today by the President of the Delaware River Waterfront
Corporation, Joe Forkin, and I would ask that he also be promoted to speak later in this testimony
as well as Debbie Ferraro of Pannoni Associates, who was the prime engineer on the project.
And I ask that she be promoted as well to speak later on this testimony.
Before you on the screen are the materials that we presented to the zoning board last week.
And just for a brief overview, I'll run through the binder so that we have an understanding of what's represented here.
And I'd also like to ask that the full slate of materials be entered into the record for this hearing.
yes sir thank you and as you'll see we provided an overview of the site in terms of the client's
control of the site of the tax clearance certificate and information related to the
project and photographs of the property as it is now as required by the zoning code further we have
the zoning background and context which provided the original application materials that were
available to us, the notice of referral, as referred to earlier, our appeal application,
the temporary zoning use permit that we have for the site, and letters to and from the RCO regarding
the special exception, including the letter of non -opposition from CDAC. Further, we have the
project plans and drawings, which include the original site plan elevations provided to the
Department of License and Inspections, as well as the landscape plans and elevations provided to
L &I during the zoning permit application. And lastly, we have both the special exception
criteria information covered by the traffic signal design report conducted by Pannoni and
Associates in conjunction with PennDOT, as well as our list of witnesses today for the testimony,
which include, as I stated, Joe Forkin and Debbie Ferraro. And we also included a presentation to
walk through the changes that we are undertaking at the site which crystal will share and will explain
all right and just before we have mr joe fork and speak on the chain on the project i'd like to just
introduce that we are here to discuss the special exception for cmx4 lots for changes to surface
accessory parking areas and mr joe fork and if he's available to speak now can provide a brief
overview of the larger project that this uh surface lot change is uh under undertaking
joe are you available i i believe i am can everyone hear me yeah mr fork and state your
name and spell for the court stenographer uh it's joe fork and last name f -o -r -k -i -n
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you, Mr. Chairman.
Thank you, board.
Good afternoon for having me.
My name is Joe Fork, and I'm the president of the Delaware River Waterfront Corporation.
As Fred was saying earlier for you today, I just want to provide some context before
Fred and Debbie get into the specifics and technicalities of the special exception we're
asking for.
So what we're asking is part of this, what we call large cap and civic space.
What we're asking is part of this, what we call a large cap and civic space project, 12 acres on the waterfront, a nearly $500 million project to reconnect the central Delaware to the core of the city of Philadelphia.
What you see before you is a site plan of what that park and space will look like when it's completed.
it. It runs basically from Walnut Street to Chestnut Street and from Front Street down to
the river, impacting the parcels at Market Street that you'll hear about later in the parking there
and the underlying CMX4 zoning. And then the other parcel, I don't know if we have an image of that,
but it's the extension of the South Street Bridge from where it currently lands on the west side of
Columbus Boulevard. We're going to draw that over to the east side of Columbus Boulevard to land
right in front of the Chart House site, and that bridge landing will disrupt or reconfigure some
of the parking that's associated with the Chart House restaurant and the Lombard Street parking
lot right now. So that's the context to provide here. It's all part of this Big Penn's Landing
project, and because of the boundaries of the construction and the improvements and amenities
to be constructed here, it impacts some of the parking that is currently on the waterfront.
Thank you. Thank you, Joe. Crystal, could you go to slide 7?
Thank you. And as Joe touched on, the project involves changes to the surface parking lots
at the Chart House restaurant near the South Street Pedestrian Bridge to create space for
the landing of that bridge there and changes near the River Rink surface lot as well. And
And you can see that on this map here, those areas are highlighted.
Next slide, Crystal.
So as you can see, the current conditions at the Chart House parking lot are 103 regular
parking spaces with no ADA spaces and very minimal landscaping.
And with the changes planned through the special exception, next slide, you'll see that there
is now the landing of the South Street Pedestrian Bridge with additional landscaping as well
as a reduction in parking spaces to 46 regular spaces and three ADA spaces. So a net gain
or net loss, sorry, of 54 spaces, but a gain of three ADA spaces here in the chart house parking
lot. Next slide. And the next area in question is the river rink area where there are currently
230 striped spaces and six ADA spaces near the river rink. And there are approximately 60
the un -striped spaces just north of that, adjacent to Columbus Boulevard.
And with the changes that we are undertaking there, the parking lot adjacent to Columbus
Boulevard will result in 176 regular striped spaces.
And the river rink, as you can see, has been modified and moved to the more northern side
of the pier.
And the lot there will have 87 regular spaces and six ADA spaces.
So in total, between the two lots, we're looking at a reduction in parking of 81 spaces, a gain of 388 spaces in the tri -house parking lot, and no loss of 88 spaces in the River Rink parking lot.
And we believe specifically with the change and the reduction of parking is wholly consistent with the criteria under the special exception criteria, also consistent with the city's comprehensive plan and DRWC's master plan for the waterfront to reduce surface parking lot areas on the waterfront and create more public recreational space.
And to speak more to the special exception criteria, I'd like to ask that Debbie Ferraro join as a panelist if she's available to speak.
Debbie Ferraro, please raise your virtual hand.
They have been allowed to speak.
Could you please state your name and spell for the stenographer?
Yes. Hi. Can you all hear me?
I just want to check the audio. It's Debbie Ferraro. Official name is Deborah, D -E -B -R -A -F -E -R -R -A -R -O.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you. Ms. Ferraro, I'd like to ask a few questions regarding the special exception criteria, and you are free to respond once prompted.
So in your professional opinion, as an engineer responsible for the planning and execution of this project, will the changes contemplated under this special exception, one, overcrowd the land, endanger public health or safety, or burden the water, sewer, or other public facilities in the neighborhood?
or burden the water sewer or other public facilities in the neighborhood?
The changes to the surface loss we do not anticipate would overcrowd the land,
endanger public health or safety, or impact water sewer or other public facilities in the area.
Thank you and next would you expect these changes to impair or injure the use of or restrict the
supply of light and air to adjacent properties to this subject property?
The changes to the surface loss would not impact light and air to adjacent properties.
Thank you. And lastly, with respect to impacts on congestion in the streets or transportation systems,
would you expect these changes to cause any issues with respect to those factors?
And when providing your answer, please provide insight into the expansive traffic study that was conducted by Pannoni and PENDOC, exploring the details of the changes.
The changes to the surface lots result in a decrease in parking spaces, which is associated with actually a reduction in congestion.
But for the record, we did submit a traffic impact study, which is conservative in the sense that it includes an assessment of traffic conditions with full build out of the Penn's landing site.
And it was prepared for the Penn's landing project. And it includes a 20 year design period, which, again, is more conservative than required by code.
but it's what we used as the design period for the project and includes an anticipated background
traffic growth on Columbus. And again, those were based on DVRPC's projections from their traffic
travel demand model, but it also includes full build out of the site for removing spaces for
the CAP project, potential 800 space parking garage at Market Street and a potential 400
parking spaces within Marina Basin. And, you know, the results, you know, of the traffic
modeling show good service levels and operating conditions at the intersections along Columbus
and throughout the study area. And I guess I just want to say that that report was submitted
several iterations of the report to the streets department and, you know, as part of final
design, preliminary and final design of the CAP project. So that, you know, that study has been
coordinated with the streets department who's also uh you know reviewed all the design materials
for that cap project so just to give you a little background on what we submitted but again um for
this proposal it's a reduction in parking spaces which is associated with reduction in traffic
volumes and congestion thank you debbie okay uh mr chair that concludes our testimony for today
okay questions on the board
questions or comments from our attorney
just briefly Mr. Poindexter the refusal notes that this is a temporary relocation
of the rink. Could you explain that? It's unusual to see for things to come before us that are
temporary at the outset. Right. And I'll answer that in brief, and I'll ask Mr. Forkin to address
it in depth afterward. But yes, as you'll see entered into the record, it's as part of our
exhibits. It's a temporary use permit provided by the Department of License and Inspections.
So the river rink is being moved or has been moved to the other side of this area to facilitate both the changes to the parking and the anticipated construction of the CAP and the CAP Park project.
So temporary zoning relief was granted by L &I to facilitate the changes so that construction and changes will remain on schedule.
And if there's any further insight to provide to that, Joe, please, please do fill me in.
Sure. Can I can everyone still hear me? Yes. Go ahead, Joe. Yeah. So thanks for the question. It's a wonderful question. So ultimately, the rink will be located on top of the new cap that's going to be constructed as part of the Penn's Landing project.
But we didn't want to take that amenity away from the community in the interim period during construction. So it is temporarily relocated, as Fred said, to the northern portion of the Market Street lot and site.
ultimately this site a seven acre site adjacent to the cap project will be a private development
site those plans are not yet yet yet complete or done or under construction in any way so
at some point in the future that will turn into a private development site but
in the interim the community benefit of the rink and the winter fest and summer fest sites
in the interim um the community benefit of the rink and the winterfest and summerfest
sites will remain on that site mr poindexter why don't you go back to the original
slide you had that showed the cap show the wrinkle in the cap
thank you i think the first one you showed the whole project i think the rings were in the cap
yep right the ring's sitting on the cap almost right am i right yeah so if you look at it mr
chairman there there's a pavilion building that straddles the cap area and just to the north of
that will be a festival site in the summer for festivals and then the winter rink in the winter
time will be located on that site thank you so just just to clarify so this application is
to extend that prior temporary permit because it looked like the the current temporary permit you
have to the current permit you have to temporarily relocate the rink was only through the end of this
year this application is to approve the reduction in surface parking so okay okay all right so they
didn't need because it says it mentions the uh the rink piece already so that's where it was
confusing. Thank you. Thank you. Questions or comments from the virtual audience?
I see no hands. Thank you, Chairman, and good afternoon. David Fecta with the City Planning
Commission. Chairman and board members, the comprehensive plan recommends no change to the
commercial mixed -use zoning at this location. The appellant has shown that the proposed
accessory parking lot and parking area will have no detrimental impacts to the neighborhood
beyond what might be expected the city planning commission recommends that the
board grant a special exception for an accessory parking lot and accessory parking thank you
that's one question what's what's the time frame
i'm i'm sorry uh for the for the overall project and the phases
Joe, would you like to expand on that?
Joe, has been allowed to speak.
Yeah, thank you so much.
I think we're looking at about another four years of complete construction, hopefully a little under that.
But for the project to be built in totality, that's about the range of time.
Thank you.
Thank you, Joe.
okay okay so mi 2024 002 375 1 south christopher columbus boulevard i vote yes
michael johns my vote is yes cheryl gaston my vote is yes
tennetta graham my vote is yes hi erwin my vote is yes ishmael shaheed my vote is yes
thank you counsel thank you okay is there anyone in the uh
virtual audience from the 330 list whose case has not been called
i see no hands thank you everyone this is a record -breaking time if anybody's interested
i think so have a good night everyone have a great night everybody
Good night all
Good night