Thank you
Good morning, everyone. My name is Bill Bergman, and I will be chairing the meeting of the Philadelphia Zoning Board of Adjustment.
With me is our board vice chair, Tanetta Graham.
Present, Mr. Chairman.
Board Secretary, Cheryl L. Gaston.
Present, Mr. Chairman.
Board member, Michael Johns.
Present, Mr. Chairman.
Board member, Taya Nguyen.
Present, Mr. Chairman.
And our board member, Ryan McAdams.
Present, Mr. Chairman.
Also here is our attorney, Lynn Ruder-Huber.
Also, Ian Haggerty, our zoning board executive director.
and our Board Administrator, Lakeisha Dandy.
A recording of this hearing will be posted on the ZBA website.
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you. So let's look at our schedule for today. Let's see here. Number two, 700, 7,001 to 35
Castor Avenue, MI 2024-007544. We have a Portuguese interpreter for this case.
yes good morning good morning could you please state your name and spell for the stenographer
yes my name is monica aguiar m-o-n-i-c-a a-g-u-i-a-r and i have an id number it's d as in delta j as in
juliet 633 do you swear or affirm that you will interpret accurately
And also impartially from English to Portuguese and from Portuguese to English to the best of your ability.
and also impartially from english to portuguese and from portuguese to english
Yes, I do.
Okay, so let's call.
Could you please call number two, right?
Is this where attorney needed on this too?
It says attorney needs.
Do we have an attorney in the audience for this?
All right, the owner is Daniel Silva.
Daniel Silva, Sr. Silva.
Good morning, this is Doreen, and I will be your co-host this morning,
and I'm looking for Daniel Silva.
Is that Silva?
Silva.
Silva.
I'm Doreen Brakely, and I'm also a presenter, and I'm calling Daniel Silva.
All right.
I don't see a Daniel Silva.
I don't see a Daniel Silva.
Try to call one more time, please.
Mr. Daniel Silva, Mr. Daniel Silva, is he present?
Are you present, Daniel Silva?
Checking for that name now.
And I don't seem to see a Daniel Silva in the audience.
So this is the third listing.
So MI 2024-007544-7001-35, Castor Avenue.
I vote to dismiss.
Michael Johns, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
tenetta graham my vote is to dismiss hi mcadams my vote is to dismiss
my vote is to dismiss yeah in that particular case we're going to waive the two-year rule so
could we vote one more time with a waive the two-year rule
michael johns my vote is to dismiss and waive the two-year rule
thank you interpreter could you please um interpret the vote for the record thank you
yes um como essa é a terceira audiência foi votado de
deixar o carro é remover a regra de dois anos e o caso foi indeferido
okay thank you interpreter thank you very much for having me is the
interpreter free to go okay yes thank you very much you have a good day and do we have an interpreter
for number three too no sir uh we have an interpreter for the following uh case in the
first place all right so number three mi 2024-001-844-1923
dennis street william matruchula is the listed owner
no exhibits third listing
I see no one with their hand raised for that one.
MI 2025-001-844-1923, Denny Street, I vote to dismiss.
Michael Johns, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
Tannetta Graham, my vote is to dismiss.
Brian McAdams, my vote is to dismiss.
Taya Wynn, my vote is to dismiss.
number seven mi 2025 003 575 7951 roosevelt boulevard listed owner is
con kellerville um we need a georgia interpreter for that case
The origin interpreter, Marine Leonard, if you could please raise your hand and be promoted to panelists. They have been promoted.
Good morning.
Do we share?
what's the interpreter's name this is an interpreter for the georgian language marine
leonard their hand is raised now okay they have been promoted
the interpreter is declining marine leonard could you please accept the promotion
I'm so serious.
Coming in now.
Georgian interpreters here.
Can you hear me?
Good morning.
Good morning.
I'm sorry.
I was having technical difficulties.
Could you please state your name and spell it for the stenographer?
Good morning.
my name is maureen leonard it's spelled as m a r i n e leonard l e o n a r d my interpreter id
if you please j as in jason v as in victor 767. do you swear or affirm that you will interpret
accurately completely and impartially from english to georgian and from georgian to english
to the best of your ability.
I swear.
All right, thank you.
Could you please call for us?
Here it is here.
So could you please call for us?
Koba, K-O-B-A.
K-E-K-E-L-A-V-H-V-I-L-A.
Koba, K-E-L-A-V-H-V-I-L-A.
there is no one in the audience by that name thank you so this is the second listing we
still have no exhibits mi 20 25 003 575 7951 east roosevelt boulevard i vote to dismiss
well johns my vote is to dismiss cheryl gaston my vote is to dismiss tenetta graham
i vote is to dismiss i am mcadams my verse to dismiss tya wet my vote is to dismiss
thank you interpreter could you please put that that we voted how how do you want her to do this
ian just thank you chair record miss leonard if you could just uh interpret the vote the board's
vote for the record thank you uh yes it's translated thank you very much thank you
and i apologize again for technical difficulties have a good day thank you very much thank you
mi 2025 the next case mi 2025 006 511 13 30 west rockland street this case is continued
until August 26, 2025, 2026, I'm sorry, at 9.30 a.m.
So that's August 26, 2026 at 9.30 a.m.
And Mark must be heard.
number number nine mi 2023 006 615 1301 north 15th street um this case is continued until august 26
2026 at 9 30 a.m mark must be heard number 10 MI 2025 006 631 2324 Tasker Street no exhibits first
listing owner's name is oh the attorney's name is Jennifer Bazzillo
the owner's name is oh the attorney's name is jennifer bazillo listed owner diana steely
jennifer bazillo has been promoted
good morning um good morning counsel could you please state your name and spell it for this
stenographer? Sure. My name is, oops, sorry. Well, Jennifer Bizzidlo. B as in boy, A as in apple,
Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar. Right. Do you swear or firm to tell
the truth, the whole truth and nothing but the truth? I do. Could you please give us an update
on this? This is the first list that we have no exhibits. Sure. We were unable to meet with the
community association, but we have one scheduled in May. So we'll be ready to go with the next
listing okay so this case will be continued to august 26 2026 at 9 30 a.m and mark must be heard
absolutely thank you so much thank you
see here next case is number
number 12.
MI-2025-006-636-1304-06, South 9th Street.
This case has been withdrawn.
number there it's number 17
and mi2025-006-728-1802 kendrick street
this case is as is continued to august 26 2026 at 9 30 a.m are there any other requests for
continuance i see no handshare i'm going to go to our the case we're going to hear first today
Okay, it's number 14.
Let me do our two add-ons first, I'm sorry.
Number one, MI 2025-007-102, 1838 North Van Pelt Street.
I vote yes with proviso.
maximum three dwelling units revised plans one page stamp by gba on april 22nd 2026.
michael johns my vote is yes with proviso cheryl gaston my vote is yes with proviso
tenetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso
Taya Wynn, my vote is yes with Proviso.
Thank you.
Number two, MI 2025, 005-855-2136 North 27th Street.
I vote yes.
Temporary variance to expire, 4-23-30.
Michael Johns, my vote is yes with Proviso.
Cheryl Gaston, my vote is yes with Proviso.
And McAdams, my vote is yes with proviso.
I am Wynn, my vote is yes with proviso.
Number 14 is our first one on our regular list.
MI 2025, 006, 650, 1745, Bellfield Avenue.
We have a Spanish interpreter for this, please.
pedro tenner has been promoted thank you good morning your honor good morning chief members
of the chair of the board good morning could you please state your name and spell for the stenographer
Yes, my name is Leonel, spelled as an L-E-O-N-E-L. My last name is Gillen, spelled G-U-I-L-L-E-N.
Do you swear or affirm that you will interpret accurately, completely, and impartially from English to Spanish and from Spanish to English to the best of your ability?
I swear.
could you please call for us pedro joseph tenner who is the owner
Could you please call for us Pedro Joseph Tana, who is the owner?
Está presente el señor Pedro Joseph Tana.
Tana, sí, estoy aquí.
Yes, I am here, and it's Tana.
Could you ask them, please, does he swear or affirm to tell the truth, the whole truth, nothing but the truth?
Jura decir la verdad, toda la verdad y nada más que la verdad?
yes I swear this application is for use as a personal vehicle and repair and maintenance
whereas the personal vehicle maintenance repair is in the CM2 zoning district and not allowed
Our vice chair has a few questions.
¿Cuántas preguntas para usted?
Ok, gracias.
Ok, thank you.
Good morning.
Have you submitted your documents and exhibits five days in advance of this hearing?
Muy buenos días.
¿Usted ha ingresado sus documentos y exhibiciones cinco días antes de la cita?
And the chair read your refusal.
Did you stipulate to the accuracy of the refusal?
Muy bien. Y la Junta le hizo el rechazo y usted estipuló las condiciones del rechazo?
All right. Thank you. You can share your screen and then proceed with your case.
Gracias. Puede, por favor, compartir su pantalla, por favor.
Please, please ask him if, in fact, could he give us a little idea of what he's trying
to do?
Okay, ¿nos puede dar una pequeña idea de qué es lo que usted está tratando de hacer?
¿Puedo ubicarle el taller?
Sí, déjale la protección de modernidad.
Yo tengo ahí, en esta ubicación, alrededor de 10 años, dándole servicio a la comunidad
y estoy tratando de en mi negocio mi negocio funciona en ventas de gomas nuevas y usadas
permitan permita un segundito okay so i have been in that location for 10 years
serving the community and in my business basically is the sale of tires rubber tires new and used
and so i um asked for a license to um service and give maintenance to and repair vehicles but
it was denied and so i'm trying to um i'm trying to get a license so i can uh so i can work with
all the legal documentations and under under the law okay um could you please tell him that we have
all of his documents if possible could he show us photos of his property and or drawings that he has
Muy bien, perfecto. Muy bien, entonces tenemos todos los documentos que tenemos, que usted ingresó. Ahora, si es posible, nos puede mostrar fotografías o dibujos del local, para tener una idea.
ok entonces en este momento lo único que tiene ahí son llantas verdad y lo que quiere hacer
también ahora es reparaciones correcto si por ahora lo que tengo en llanta y me interesa
yes right now it's only tires and i am interested in giving maintenance and servicing uh vehicles
Okay, will he continue with the tires?
okay will he remake will he continue with the tires
Muy bien, ¿y va a continuar siempre trabajando con las llantas?
Sí, voy a continuar dando el servicio de llantas al público.
Yes, I'm going to continue giving, provide the services for tires to the public.
Go over the photos one more time.
Pase las fotografías una vez más, por favor.
okay does he have any drawings of the building tiene dibujos del del edificio
yes there they are so he's on the point there ahí está en el punto verdad ahí
yes okay and the tires are stored outside in a chain link fences is that's what i'm saying
okay y las llantas están almacenadas en una malla ciclón verdad eso lo estoy viendo están almacenadas
yes they're inside nothing is stored outside as you can see and um i also have the recycling
inside as well questions on the board pregúntate la junta
will you be doing any painting va a estar pintando
no no no no no no i'm not gonna do any painting and i'm not gonna be doing car washing as well
nothing out of the ordinary has there been any kind of issues with his neighbors
in the past since he's been operating the business.
¿Y ha habido algún problema en el pasado desde que ha estado operando con sus vecinos?
No, en ningún momento hemos tenido ningún tipo de problema.
Siempre, gracias a Dios, hemos estado muy unidos con la comunidad
y siempre buscamos la manera de mantener el área confortable para los transeúntes y la comunidad.
no i haven't had any type of problems previously with that with the neighbors thank god we've
always been a very united community and i've always looked for a way to make people and
to make people comfortable and my understanding is the rco meeting only one person showed up
Yes, it was only one person, but none of the neighbors showed up to complain or anything
like that because we've always gotten along very well.
And he also turned in a support letter from 23 signatures.
Other questions from the board.
Muy bien.
Y también presentó una carta de apoyo con 23 firmas, ¿es correcto?
Muy bien.
Tenemos más preguntas de la Junta.
My question is, how many cards does he plan to repair?
And when we talk about repair, we're talking about oil changes and things like that. Is that what he's planning to do?
Muy bien. ¿Cuántos vehículos planea reparar? Y estamos hablando acerca, por ejemplo, de cambio de aceite y cosas así, ¿es correcto?
So we only have space for three vehicles and we do not do any vehicle storage.
um and when you say so how many other people are going to be working with him
it's only a family so it's myself my son and my son-in-law
Okay, and you're still going to do the tires, but you're also going to try to expand a little bit and do other work on cars.
Muy bien, así que también vas a ir haciéndolo de las llantas, pero quiere expandirse un poquito más para hacer otros trabajos, ¿correcto?
And that's excluding body, fender, repair and spray painting, which is not permitted in this district and it's not part of this application, correct?
muy bien y eso excluye la reparación de bumpers de pinturas y cosas así lo cual no es permitido y no
es parte de esta aplicación correcto no no no no tengo que nada que sea body nosotros no nos
dedicamos a nada que sea body solo gomas y mantenimiento de vehículos por eso es que
nosotros no hacemos ningún trabajo de largo plazo todo lo que hacemos era trabajo rápido
No, no, no. Nothing. No body shop, nothing like that. That's why we've only done tires and we want to do maintenance. Just nothing long term. That's why I want to do only quick repairs, maintenance, friction changes, things like that.
okay all right thank you any other questions from the board questions from our attorney
questions from our attorney preguntas de nuestro abogado no questions or comments
or the virtual audience preguntas de la de la audiencia virtual there are no hands no
hay manos levantadas planning commission commission de planificación good morning
and the chair and board members this is jonathan goins with planning staff muy buenos días
ok muy muy buenos días a todos miembros de la junta mi nombre es jonathan goins del staff de
planification yeah my name is spelled j-o-n-a-t-h-a-n last name goins g-o-i-n-s
do you swear or affirm to tell the truth the whole truth nothing but the truth
i do please proceed sir
the comprehensive plan recommends no change to the cmx2 commercial mixed use zoning at this location
The property has a long-standing history of auto-related use dating back at least to the 1950s.
It is for a long time, a long history, going to the 1950s.
However, the appellant has not demonstrated that there are unique physical circumstances or conditions of the property that would prevent it from being used in conformance with the zoning code.
Sin embargo, también el apelante no ha demostrado que hay cambio, que hayan condiciones físicas o circunstancias físicas únicas o condiciones que eviten que se comprometa a operar de acuerdo al Código de Zonificación.
The City Planning Commission recommends the board deny the requested variance. Thank you. La Comisión de la Ciudad recomienda que se le niegue.
Interpreter, we're going to hold the vote on this. We're working right now on a tax compliance issue relative to the property, and when we're notified of the tax compliance, we'll relist the case.
Yes, sir. Muy bien. Entonces, en este momento vamos a abstenernos del voto, ya que estamos revisando, estamos revisando un asunto de cumplimiento de impuestos relacionado a esto.
Entonces, nos vamos a abstener de votar en este momento y vamos a realistar el caso
y nos vamos a notificar inmediatamente cuando estemos listos.
¿Tiene alguna fecha para la respuesta?
we need to have the compliance first once we get the compliance then we'll give him a date
yeah mr tana this is ian hegarty the executive director if you or your expediter could please
get in touch with the office um we can explain what you need to submit but we need a tax uh
clearance form from you in order to have the board schedule the vote we need that from you before
form from you in order to have the board schedule the book we need that from you before the vote will
happen the señor tena entonces si este director ejecutivo mire lo que por favor contáctase con
nuestra oficina lo que sí es que primero tiene que ingresar un formulario de liberación de
impuestos desde que está el día contra la parte de todos sus impuestos para poder agendar una la
fecha para la votación está bien thank you very much pase un día thank you and interpreter thanks
again it's always a pleasure have a beautiful day sure all right thank you too number one
mi 2024 004 304 2001 kinsey street winston banks is the listed owner
oh good morning good morning mr banks how are you sir
oh fine good morning could you please state your name it's spelled for the sonographer
winston banks b-a-n-k-s right do you swear or affirm to tell the truth the whole truth
is nothing but the truth yes i do okay um this application is for a two-family household living
in an existing structure, whereas the proposed two household living is prohibited in the RSA 5
zoning district. You do have a letter of support from the RCO and also non-opposition from Council
Member Lozada. Our vice chair has a few questions. Good morning. I'm going to say one thing. I do have
attorney on this okay uh what's your attorney's name lewis stevens lewis what stevens look do we
see an attorney for this yes lewis stevens should be coming in now okay
thank you for telling us that we didn't have that information morning board good morning
counsel could you please state your name and spell for the stenographer
My name is Louis Stevens, L-O-U-I-S-S-T-E-V-E-N-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Stevens, did you hear our opening?
I did.
You can start your presentation.
And I'm sorry to interrupt, Mr. Stevens.
This is Ian Hegarty, Executive Director.
The appellant had asked for us to share the documents.
Is that how you would like to proceed, or would you like to share the documents?
Um, you can share them. I have them share, but you can share them. You're probably more savvy than I am. All right, we'll go with that.
This is an application to use the property on Kenzie Street as a two-family dwelling.
For the past 12 years, he's been receiving a rental license that shows two units been
used as a duplex for at least 12 years, according to the rental license.
As far as documents, I'll share, I think it'd be easier.
Absolutely.
Please proceed.
Thank you.
Thank you.
did everyone see the documents no nothing's up you said no
Mr. Stevens, how about we do this?
Why don't you get your documents straight
and then we'll come back to you?
okay that way you know we can keep the flow moving and you know i'll come back in a half
Okay, that way, you know,
we can keep the flow moving and, you know,
I'll...
hour if you're ready to roll well i have them up you mean you can you can't see them no that's why
i said we're not we're not seeing your dog nope maybe if you stop sharing and then re-share
about now i see one document that says tax clearance okay that's the beginning
okay yep so so as far as the documents yep at the tax clearance the notice of refusal
job been presented the posting
the non-opposition
This is the architectural drawings of the property.
You might want to go over the architectural drawings.
Mr. Banks, can you explain the drawings?
On the first floor is one single unit as an apartment.
And on the second floor is where my room is.
And there is a third floor, but it's only for storage.
No living space.
I have four files for the business and other items up on the third floor.
So basically that's it.
Is there a business conducted out of here?
Well, since I sold my warehouse on the business licenses, the address is 2001 Kinsey Street.
And the file cab is where I keep my documents.
Right.
So you live on the second floor?
And the first floor you ran out as a residential unit?
Hey, Mr. Banks, regarding the business, you're just storing documents there.
Is that correct?
I have three.
I'm sorry.
I said four.
i have three file cabinets up there and all my um documents since 1995 my corporation
um books um tax forms tax returns we have photos of the property yes
wow they should have been also did you submit photos just to banks directly
yes um great copies but there's a single page with um like eight pictures of the internal
inside of the property i submitted that to the board ian do we have that
i also i'm blowing them also i'll check now chair thank you
well those are pictures of like the bedrooms the bathroom how many bedrooms on the first floor
um it's two how many on the second floor technically like three it was a lot it's a
large thing it's on both first floor and check the floor yes okay and bathrooms as well right
in our individual bathrooms.
there's two separate entrances he does one pair the first and second floor yes for the um second
floor is closer to the corner of the building and yeah we just got to see some photos that's all
okay that we can't that's that's yeah yeah but it's a little a little tough that's upside down
okay chair this is ian again i do have okay thank you let's see
Okay. Thank you. Let's see.
Counsel, could you take yours down?
Do I stop sharing?
Yeah, please.
Okay, Mr. Banks.
yeah so that's the property yes that's the property on the left-hand side next to that
small window that's the doorway for the first floor right and if you go to the corner right
above that um a red truck um that's the um enter the doorway for the second floor all right two
separate doorways okay that's the hallway on the second floor okay
bathroom second floor bathroom that's yours yes
those are all the additional photos that were uploaded
just just the bathroom and the picture outside is that what you had in
yes sir that's correct well i saw the picture where there was like eight of them for the
internal yeah i saw that on him yeah they do the eight internal ones can you bring them up at all
there I'm not seeing any additional photos that have been uploaded here this is this is what we've
Okay, so I think what we're probably going to do here is we're going to finish hearing the case, and then what we'll do is we'll, I'm thinking about closing it, and then, and then we'll just for documents.
So, we'll do a resumption. Right, right. Okay. We could do, we could do a resumption. Okay. So why don't, go ahead. I'm listening. He says he can't bring it up. What I'm saying to you is, why don't we do this?
I have a date here. I can give you a resumptive hearing. You'll come back with your attorney and then have photos that we can readily see and understand and things like that. Right. Well, I do have some right with me.
No, we need to have it submitted. I'm sorry about that, but we need to have that submitted. OK, if I submitted today, I'm good. Why don't you wait before you leave? See the staff. OK.
Okay, so what we're going to do is we're going to have a resumptive hearing July 7th at 9.30 a.m.
Thank you.
And then just have all your things together and we'll get you straight.
Thank you.
All right.
We're going to go to number three.
Number four.
Let's see here.
Number five.
mi2025-003-565 2038 south 4th street bon hang is the owner
there's a recommendations of support from dickinson square west and also a letter of
of non-opposition from Council Member Squillett.
Do we see the individual?
oh i'm sorry i'm looking here for you morning could we please state your name and spell for
this doctor uh yes sir my name is bond hang uh spelled b-o-n-h-e-n-g right do you swear or affirm
to tell the truth the whole truth nothing but the truth yes sir uh this is for the erection
of a third floor edition right whereas the uh proposed two-family household living is prohibited
in the cmx1 zoning district and the roof has a maximum height of five feet from entrance
entrance to the rear, whereas there is no, um, proposed, uh, setback for both the roof and the, and the, um, um, property in the front.
to the rear whereas there is no
Does that understand that? Okay. Um, our vice chair has just a few questions for you.
Hi, good morning. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, ma'am. Okay. And the chair read your refusal. So did you stipulate to its accuracy?
yes ma'am okay all right thank you you can show your screen and tell us what you're about to do
so uh the screen I think I uh click the option that okay staff assistant sure Ian do you have
that it's up yeah okay all right so that's where you put your uh right yes sir all right
this is the property here yes sir all right this is um 2038 south fourth street and why
you tell us real quick what you're doing before we look so we understand it your words oh yes sir
uh the property has been uh like um i guess vacant for the last maybe 10 years i purchased
it from um the the owner it used to be a dental office and um i want to uh you know add a third
floor and then to make it a two family and have a roof deck um on there sir
so am i looking at a two-story building now yes sir so you'll put a third floor
and then you want to put a roof deck on top of the third yes sir okay all right why don't you
go through your photos this is the exterior on the fourth street side i think this photo is just
showing that I posted the zoning hearing the notice of appeal yep I guess move on in please okay
a close-up of it this is the view from the Snyder side Snyder Avenue Snyder Avenue yes from the
4th and Snyder? Yep.
This is the
drawing for the
proposed
So why don't you explain what we're looking at?
I think maybe go down
more to see a side view
Okay, okay.
This is the design of the drawing.
The first floor will be like
an office
space retail
maybe insurance um office and then the second and the third floor is just a one bedroom apartment
and then a deck on top of the third floor yes sir
okay um what do you explain is that tell us where your first floor is the first floor is
that one to the right the third folder to the right right there yes uh it'll just have like
couple desks a reception and um the exit that's the commercial yes sir all right it's almost
identical to what it was before as the dental office right except you put a third floor yes
sir all right so then the second floor tell us about your second the second floor um is identical
to the first floor it's just a one-bedroom apartment you know i think that the roof is
really uh bad now and when uh we were looking at it with the architect we were hoping that we can
add a third floor because the the roof is uh well you know we'll go down anyway right all right so
the next one is the third floor yes the third floor and the second floor is exactly identical
okay one bedroom apartment yes sir all right and then the last one is your rooftop deck yes sir
all right is there many third floor apart units around your area yes uh uh right across the street
there's two two of them um two third floor units yes and then on this uh five five doors down from
uh fourth street i think 2026 south wall street that's a three story too so should you why don't
you tell us how you get into the apartments i see where you get into the first commercial yes sir
that was how you get the apartments oh yes sir uh um if you can go down sir um mr ian oh yes sir
so that that is uh the side view um to get into the apartment it'll have exterior metal uh stairs
that'll take you to the second floor and the second and third floor have uh interior stairs
that they both share okay about stairs from the second third to the roof and the deck is only for
the third floor yes sir okay questions from the board where is trash stored for the units and the
business uh it's stored on the first floor that interior storage for yes interior storage or so
where does the second i mean well i guess the third floor you know where is their trash is
their interior trash storage or where are they putting their trash uh i think that regular there's
uh I think that regular there's a second floor uh like like on top of the second floor there's a
little uh like extended um area where they can put the uh yes yes it's a little deck outside
on the second floor I think that um the picture below that one will show that one so that that
extended area yes right there uh so that area would be for the second floor and the third yes
second and third floor to put the trash i'm sorry about that oh felt shy yes yes outside
there's no access from that third floor unit to that to that deck you have to go through
the second floor unit yes there's a common stairwell uh to go but how do you how does
the second floor get to the outside to put their trash out on the top of that deck go back to your
floor plan please when your second floor from your stairwell you have to go into the unit to
go out to that deck see where the 2.9 is and the 2.8 oh yes the door into the unit and 2.9 is the
door to the to the balcony so the third floor can't put their trash out on that deck
okay i understand sir so you'd have to store in the third floor itself right yes um right yes sir
and where do you where do you think you'd store that in the third floor
i i i i i'm not i don't know the the rules and stuff but maybe we can leave it on the
trash closet or something like that oh yes sir
um maybe you can install trust closets or into the each floor yeah that says she gave
you a pretty good suggestion other questions from the board
is the plan to rent the the first floor is going to have access to the basement correct yes ma'am
and what's the use in the basement nothing no just a utility
other questions
questions from our attorney
no questions at this time questions or comments from the virtual audience or the current audience
no hands chair planning commission
good morning chair jonathan goins planning commission staff this property was remapped
from commercial mixed use two cmx two to commercial mixed use one cmx one in 2019
as part of a local down zoning per district plan recommendations however given the location on
Snyder Avenue, the context of nearby multifamily housing, and the historical mixed use of the
property. The City Planning Commission recommends that the board grant the use variants for multiple
units. However, we also recommend that the board deny the dimensional variants for a roof deck
setback. Great. Thank you. MI 2025-003-565-2038 South 4th Street, I vote yes.
Michael Johnson. My vote is yes. Oh, all of them are just the.
Superior trash storage for the 2nd and 3rd floor.
Michael Johnson, my vote is yes with proviso.
My vote is yes with proviso.
Tana Graham, my vote is yes with proviso.
Tywin McAdams, my vote is yes with proviso.
Tywin, my vote is yes with proviso.
thank you guys thank you so much thank you
number four mi 2025
zero zero three five six four forty nine forty one frankfurt avenue zenjin is the attorney
there's a letter of support from frankfurt
action committee and also a letter of non-opposition from council member lozada
then jim will be joining as the panelists
good morning
good morning counsel could you please state your name and spell for the stenographer
yes my name is zen jen z-h-e-n last name j-i-n do you swear or affirm to tell the truth the
whole truth and don't think about the truth i do counsel could you identify your client
i do counsel could you identify your client the relationship to the property
the relationship to the property
yes uh my client is mr sims who is also the owner of the property okay and our vice chair
has a few questions for you good morning have you submitted your documents and exhibits five
days in advance of this hearing we did initially and supplemented some interior photos late last
night yes and so this is a referral so did you waive the reading of the referral and stipulate
to its accuracy i do okay all right thank you you can show your screen and proceed with the kicks
thank you i'm going to share with the board what was previously submitted with the uh
also the updated information
it should be coming up on the screen
can the board see my presentation on their screen
yes thank you so good afternoon good morning this is a special exception application for
4951 frankfurt avenue this is a referral because it is in the cmx2 district but a takeout restaurant
requires a special exception in the cmx2 zoning district we have actually met with the frankfurt
NAC RCO, Neighborhood Advisory Committee, and they were in support. This application came about
because my client currently has his restaurant at a property that is leased and about two,
three doors away from where he is hoping to move the restaurant to, which is the property in
question today this property was purchased by my client so he is running out of time on his lease
he has an existing restaurant that is the same exact restaurant that's going to be moved to this
location which the community is aware of and has been in operation for quite a few years as a
takeout restaurant they've had no issues with the restaurant so the moving the moving of the
restaurant from one location to the other would not change its impact on the neighborhood uh it
would still have its uh trash stored in the back picked up from behind uh there would be no trash
in the front and the space would be laid out basically similar to how it is now in existence
a few uh a few doors down now we have photos here both of the uh of the new building uh you can
actually see uh this this is the restaurant this is across the street uh the current building uh
i'm sorry this is the haircut salon that it was in the space when he purchased it the building's
currently vacant so there will be renovations done to update uh this current vacant commercial space
there is a uh there are residential units above that were pre-existing that'll be
maintained as it was before there's no change to that aspect the plans is to have the renovation
done let me zoom out so the plans can be more easily viewed
the plans it is to change again the space into a restaurant and to keep the existing
residential units above uh the primary change will be to the restaurant the residential units
existed they're basically going to stay the way they are we're going to refit out the current
vacant space into the takeout restaurant that's basically a few doors down there'll be a waiting
area in the front counter and primarily it'll be storage kitchen in the back for service preparation
and then service of food there's no plans to really have customers eating in the restaurant
it's predominantly takeout and will be served on takeout where the seats are provided for customers
to wait when the food is being prepared the menu is a it's a Jamaican style restaurant and again
everything's already in operation a few doors down so there's no change to the menu there's
no real change to the hours of operation. Everything will be based on what is existing
now in the restaurant. So it'll be generally 10 a.m. to 9 to 10 p.m. on every day. And
then the service would be from the kitchen and the counter. There's usually four to
six workers inside that'll be working in the restaurant to serve the food so the community
The community did not have any issue with this, primarily because it is an existing
did not have any issue with this uh primarily because it is an existing
business that has operated for some time, and they do not anticipate that we would cause a
greater change to the impact of the neighborhood with this relocation of the restaurant. So with
that, that concludes my presentation. I'm happy to-
Why don't you explain how you would invent it now?
So the venting actually will be coming out, it's the same way it's done now,
it will be coming out the side here with the air air capture on the exterior there's actually a
space a court type space on the side of the building where the event now for the existing
restaurant is vented as well why don't you bring your client on sure mr sims can you
raise your hand virtually to be identified?
They have been promoted.
Good morning, sir.
Please unmute so you can speak.
mr sims can you please unmute yourself
good morning sir good morning could you please state your name and spell it for the stenographer
you're muted again
are you hearing me now yes could you please state your name and spell
for the stenographer yes my name is itafa sims spell i t a f h w a itafa sims s i m m s sims
swear or affirm to tell the truth the whole truth and nothing but the truth yes i do counsel yeah
thank you uh good morning mr sims did you see my presentation on your screen and hear my
representation to the zoning board yes i did uh can you verify what i have represented to
the zoning board to be true and correct and adopt it as your own testimony yes thank you
questions from the board
question uh what are we going to do about the uh trash so so in the back of these properties
there's actually a access way um all the commercial units on this block essentially
have their trash in the back uh backyard area and the trash truck pulls off to the one of the side
street then they come through the back alley and pull all the trash out through there it's
a commercial pickup okay thank you thank you other questions questions from our attorney
Yes, Lynn Riedelhuber. I just wanted to confirm, are you using the, just the first floor in the basement with regard to the takeout restaurant?
And the second and third floor will remain as a, I believe, existing apartments?
Correct.
Questions or comments from the audience?
Virtual?
No hands, Chair.
planning commission good morning again jonathan goins planning commission staff
this property was remapped from commercial mixed use 3 cmx 3 to commercial mixed use 2 in 2014.
the proposed use should not cause detrimental impacts to the neighborhood beyond what normally
might be expected therefore the city planning commission recommends that the board grant
the special exception for takeout restaurant.
Thank you.
MI 2025-003-564-4941, Frankfurt Avenue, I vote yes with proviso.
Takeout restaurant use limit to first floor and basement
with previously approved uses above to remain.
Michael Johns, my vote is yes with proviso.
cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso
ryan mcadams my vote is yes with proviso hi i win my vote is yes with proviso thank you thank you
council number six mi 2025 003 573 1828 mcclellan street raymond de rizio is the attorney
Thank you.
Raymond Dorizio has been promoted
good morning council good morning Mr. Chair and members of the board
could you please state your name it's spelled for the stenographer
Yes, my name is Raymond Dorizio, R-A-Y-M-O-N-D, Dorizio, D-O-R-I-Z-I-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
Yes, my client is James DeSimone, the owner.
Our vice chair has a few questions, and for point of information, we're going to hold this relative to a tax issue?
Okay, thank you.
all right good morning have you submitted your documents and exhibits five days in advance of
this hearing yes and a couple supplemental exhibits thereafter okay and do you waive
the read another refusal and stipulate to its accuracy yes i do all right all right thank you
can show your screen and proceed with the case thank you so i will pull this up
okay good morning this is at 1828 mcclellan street um my client is seeking to um
build, it's a vacant lot right now, build a two-family unit. It's an RM1 zoning district.
Here's the refusal. The refusal was for the allowable occupied area. He's looking for
roughly an extra four and a half or so percent usage. And then the third story setback was
refused for that reason here's my appeal form we oh here's the deed I'm sorry so
the deed is is 1800 McClellan LLC here are the plans so essentially when my
client is seeking doing we have met with the community there were two meetings
that we had he's essentially uh seeking to do i guess it's like the uh mansard roof so there is
sort of a setback but it doesn't go the full eight feet on the back which is regarding the um
occupied area there are two uh i guess uh decks outside that have access to the unit
The unit would be basement and first floor and then the second and third floor as the living space.
My client is going to reside in one of the units.
He resides in the neighborhood currently.
He's a lifelong resident of Point Breeze, so he will be occupying it.
And he has set forth an email to the community certifying that he would be doing that.
essentially trash should be kept inside the unit, utilities in each unit. Each unit would be two
bedrooms. I can't believe I can turn this. I have some photos of the street. That's the property.
There's a vacant lot. It's a vacant lot currently. I'm sorry, they're a little dark.
So McClellan Street's a little street. Sorry about that one. So this is one of the houses
across the street does have the setback. And then there's one to the right of that that does not have
the setback. So there are two, I guess, new construction or new properties that are third
floor properties. One, I guess, one with, one without. We're kind of in the middle there
with the mansard roof. My client did post the zoning poster at the property on that stake.
tax issue originally and why I say I didn't have the correct certification this was for the
permanent license that my client forwarded to me he's currently he has an OPA appeal because he's
getting I think his issue was he was getting taxed as if there was a building there but there isn't
so that is in dispute and he does have a current open appeal he was at least clear for the permanent
the licensing that is our meeting um notice and then we have the um proof of mailings which are
several uh that go back um but that is essentially what we are tell us what happened at the rco meeting
yeah the rco meeting we met them in july and originally my client was not proposing
a setback and the community um you know voiced concern and said look you know going straight up
like that other property to the right in the one photo you know really wasn't something they were
willing to agree to so my client uh went back and um revised this plan to do the setback to to at
um revised this plan to do the setback to to at least um address those concerns and then we had a second meeting i believe it was march mid-march
um march 23rd yes we had a we had a march 23rd meeting and uh presented this plan
could you bring on your client yes this would be the third third story building
yes there are two others up that street correct please bring your client on
okay uh mr de simone do you hear us can you please uh come on and unmute yourself
uh mr de simone can you raise your virtual hand if you're an audience
and i see no hands you have to tap the screen mr de simoni you'll see the hand raise i see them
thank you they're coming in as a panelist now thank you very much you're welcome
Okay, Mr. de Simone. Hey, good morning. Sorry. I don't know how to work. This is my first
time okay okay uh could you please state your name is spelled for the stenographer
james de simone and that's j-a-m-e-s d-e-s-i-m-o-n-e right do you swear or affirm to tell the truth
the whole truth nothing but the truth yes sir um council uh please proceed and uh yeah when when
you're doing could you mention basement what's in there and how this place is laid out yes okay mr
de simone did you hear my test my testimony uh to the board uh yes and was it true and accurate to
the best of your uh knowledge uh yeah believe yes and do you wish to adapt that as your own
um yeah the only thing i'd like to just you know uh say well i'm going to ask you to add but okay
what i said oh yeah adopt that as part of you of your testimony yes okay so chairman had a question
for you about the first floor the basement the use can you please explain that um so the basement
and the first floor will be one unit um which giving me the four percent increase in the size
of building if we can get it will allow me to do my indoor trash and have a two-bedroom unit and
you know space for everything and then the second floor and the third floor will be the second unit
which will be another two bedroom if we get the approval for the mansard roof okay and then there
was something you wanted to add after i asked you if you were adopting my presentation as your
testimony oh yeah i just wanted to clarify a few things um because i know we had this question come
up a lot so uh when you didn't say it i don't know if we were going to get to it maybe i'm jumping
the gun i just wanted to add that the four percent increase that we were asking for was to accommodate
all indoor trash and allow us to have the square footage for the two two-bedroom units.
Also, some neighbors had the question, and I don't know if this is going to come up again,
but so we can clarify. They were going to ask if the back of our house was going to extend past
the backs of other houses. And with the 4% increase, it does not because their houses
have an overhang. So we are meeting the overhang. So the backs of the houses will be squared up.
they'll be flush you know if you were to look down a straight line let's just say and then um
the mansard roof um again we went for the straight up the first time they didn't like that idea and
the rco meeting not only just the community i guess whoever runs it they were the ones that
asked us to well pitched us the idea for the mansard roof and when we presented that at the
last meeting everybody was okay with it so that's really all i wanted to add okay thank you mr de
simone i have nothing further so why don't you do this why don't you tell him tell him he needs to
explain what's in the basement oh okay i'm sorry mr d simone what will be in the basement can you
go back to the floor plan too so yeah can you just ray can you switch that over so i could see it
myself um so the basement itself should just consist of the kitchen the utility room um
um now i know we had some some flip-flop in here so i'm a little confused myself because we had the
when we read advised the plans we had to move uh some things around to make it work as far as
square footage and space and just make it you know usable um but the basement should be the kitchen
well that's what i wanted but the architect i think was proposing the kitchen still be on the
Well, that's what I wanted. But the architect, I think, was proposing the kitchen still be on the first floor. So I don't know which way he designed it, but he left it as is. So on these plans, I think it's going to show you kitchen on the first. But as of right now, basements should just consist of utilities, washer, dryer. I don't know if we're flip-flopping, again, trash storage from basement to first or first to basement. You'll have your egress. You'll have a basement. You'll have a bathroom.
so raymond council i i i do think that we we just can't say i don't know or i don't know
no right right so i think i think these are these are the plans yeah that's not what he's saying
i just didn't want to say the wrong thing because i know he he he redrew the plans after the first
drawing so what were proposed though the plans that we attached yes it should be living space
in the basement and the kitchen was moved to the first floor so is uh is there any bedrooms in the
basement yes oh okay all right yes there's one towards the back where the egress would be um
one there's one front so these are the plans the the bathroom two bedrooms would be up
it's actually a one and a half bathroom
all right questions on the board so um go ahead go ahead mike no i was good i'm going to just
want to be clear uh what the refusals are for for this yeah um space right yes so the maximum
square footage was 75 percent and go ahead right i'm sorry go ahead no let me i'm getting there
so it's lot coverage lot coverage yes and then the eight eight foot setback for the
and the eight foot setback and so what about nothing for the height are you less than 38 feet
yes that's by by and this is this is rm1 yes it is it's an arm which is which is which is
interesting because um i'm looking at this block and they're even the new construction they're all
single family there are no two family dwellings on this block this would be the first duplex on
this block so i'm just surprised that people weren't um had issues with that um the one concern
of course that i have and generally always do is the living in the basement and the depth of the
basement slab below grade can you tell us what that is yes that is i'm going to go back to the
drawing and the plans and the plans show bedrooms in the basement right yes too so this is the
drawing um for the basement and the blue grade uh let me get the number i'm sorry i don't have
that handy i have it right here uh the actual picture right because i know the
Do you know the number that you can let the board know? I'm sorry.
I'm looking at it from a side view to get the depth.
It looks like it is.
It looks like we're.
I don't know how you would judge this.
Like if we go from grade below grade or into the ceiling.
So below grade, it looks like we're roughly six feet, five to six feet.
yeah because then we're the house the house the first floor choices are above grade
so that's roughly an extra judging by what i see two to three feet so i'm assuming the whole total
is roughly eight foot so you're fairly deep below grade which is which is concerning particularly
for bedrooms i think it's just five foot is below the grade i'm sorry it should be five foot below
for aid all right thank you yep I want to double down I think for this to be a new construction
I think for the amount of space that you have here I think to only have egress wells into the
basement and to have the primary bedrooms for that unit be down there like this was an opportunity
since you're building new construction that you could have dug out and had a walkout basement and
had more light and more windows that allowed you know air and light into that space so I would look
at that and then uh my second question is that a a spiral staircase um the spiral two staircases
in the basement and i i think maybe that's because of this from like an aerial view but the only
spiral staircases should be in the second unit which is from the third floor to the roof deck
to save space okay yeah every the main the main comment i have is really around that first
Yeah, the main, the main comment I have is really around that 1st floor basement egress wells. I think, yes, you did the egress wells, but I think that it is.
You have an opportunity to actually make those a little better quality.
Can you just tell me what happened at the meeting?
yes the primary issue was the setback um and that was the one in july the first one where my client
did not propose any setback and then we had another meeting and it was last month where
the proposal was prevented presented with the mansard room
and there was no other issues um in terms of um multi-family or anything like that that came up
none that none that i'm aware of okay other questions questions or comments from our attorney
none at this time but with regard to the hold yeah i should talk about that yeah the tax i
yeah go ahead one of you two yeah uh we're going to hold it for the tax compliance and also for
the rco letter in the applicant's response to the rco questions or comments from the uh virtual
okay we and just to just to but i didn't get a copy of the rco letter so i have no idea what it
says i wasn't out forwarded to me so we don't have an rco letter no we don't we don't have an rco
letter that's what i'm saying okay i'm sorry i missed her yeah i i questions there are comments
from the audience yes sir um i have dominic long with a hand up we have someone here right now
okay we're wanting to sit down first good morning
a-l-b-e-r-t-l-i-t-t-l-e-p-a-g-e i'm the president of the point breeze community
development you swear or affirm to tell the truth the whole truth nothing but the truth
i do absolutely excuse me chair this is the reporter i'm sorry i did not catch the gentleman's
My first name is Albert, A-L-B-E-R-T, like Fat Albert, and my last name is Little Page, L-I-T-T-L-E-P-A-G-E.
I would have said, like, Einstein.
I wanted to reflect to the cartoon.
See, I was kind of aging myself.
I didn't want to go back to your age, Chairman.
Go ahead.
Go ahead.
And I believe that the council person's office is on. I'm not sure why we haven't sent a,
because we were in contact with Mr. DeRusso, but we didn't send a letter out. But what we were
asking for today is to bring this back to the community one more time to address some of the
issues that were brought forth this morning. And I believe that the council person, Dominic,
from the councilman's office is online. And that's why I was just trying to hold up because I didn't
had that he had known yet all right thank you comments from the virtual audience yes dominic
long will be coming in as a panelist good morning sir good morning could you please state your name
yes uh dominic d-o-m-i-n-i-c last name wrong l-o-n-g
you swear or affirm to tell the truth the whole truth nothing but the truth yes please proceed
so i'm here representing the district office and we are just simply requesting
dominic you're breaking up a little bit could you say that again i said we are requesting
that it appear back in front of the community thank you thank you i hear you is there anyone
else in the audience yes um they that person went all oh yeah here they go michael andre ward
okay will be promoted
good morning sir
unmute all right can you hear me sir i can could you please state your name and spell for the
stenographer my name is michelle andre ward that is m-i-c-h-a-e-l-a-n-d-r-e first name last name
is ward w-a-r-d do you swear or firm to tell the truth the whole truth nothing but the truth
yes your honor mr ward could you please put your video on is that possible
um if it's not that's okay oh wait wait wait i just are you a neighbor yes please proceed
please proceed i'm actually the house right next door at 1830 mcclellan street
i'm actually at a house right next door at 1830 mcclellan street okay
okay please lift up this block for for since and since this this neighborhood says 77 i lived here
since 97. wow okay and um as for this proposal as uh one of the judges had said earlier we
We only have single-family homes up this block, and it's always been single-family homes.
Many of my neighbors, they weren't able to get on the Zoom meeting in March 22nd.
I was there on March 22nd with Mr. Little Page and other constituents in our neighborhood.
And today, also, a lot of them, because it's at work, were unable to voice their opinions.
And it's like last year in July, when he has sent out a letter, many of us, my neighbors didn't get letters to voice our concerns.
And as for going back to the issue of a third floor house, when I when I first introduced a house at 18, I think it's 1823 was the first three story house.
I did not know we had the power at that time to refuse a three story house for that particular area.
and so i was unaware and ignorant that that we actually had a power to say something and advice
for our safety reasons now for the house being built next door i have a concern for the safety
of my house because when i demolished the house at 1828 mcclellan street it damaged my house
also the foundation, the walls, and there's also
they damaged the house at 1826. So when I hear them
going to lower the basement, I'm really concerned about safety features
safety-wise. So I've been here
when all these houses have been being built. A lot of property
damage from when they were building the houses, my neighbors
pavements have gotten destroyed uh parking we have very limited parking here because it's under the
ppa so to have a two-family home it's really concerning when we already have limited parking
and we have a lot of families here okay like i have a son and daughter my neighbors have children
the single family um idealism is what moved made a lot of my neighbors move here
because they enjoyed having a single family community homes okay i was voicing to say
i have hope that the refusal stays intact and when the gentleman said that we had no refusals
your honor on the 22nd you know i was there on the 22nd we were we all were voting refusal for
him to sit there and say that oh i i don't there was no nothing from the community they weren't
against it when we all right thank you thank you very much we understand thank you your honor
position uh counsel do you have any questions of this person
sir you were at the meeting correct yes okay and you had a chance to testify there or voice your
concerns yes sir okay and yet your testimony today that you were voicing concerns about
the property being a single family dwelling yes sir and you understand that that wasn't
part of the reason why he was refused correct yes sir okay i don't have anything for it
all right thank you uh anyone else in the audience
there was but their hand went down um obviously we're going to hold this planning do you want to
take a position now uh yes chair we can testify yeah uh once again jonathan goins planning
commission staff the comprehensive plan does recommend a change in zoning at this location
from the existing RM1 residential multifamily to RSA 5 residential single family the dimensional
variance for occupied area is de minimis and third floor addition without the required setback
is consistent with several other properties on the block uh therefore the city planning commission
recommends that the board grant both dimensional variances all right thank you um Council we're
to we're going to hold this after suggestions by several people i'm going to make a resumptive
hearing um i think the rco has asked that you come back one more time and that's fine we didn't
and that's fine we didn't know we would have asked for a continuance absolutely so we have
No, we would have asked for a continuance and met with them.
We have no problem.
no problem at this point the consult resumptive hearing i have is july 7th at 9 30 a.m okay yes
thank you very much thank you very much number number six that was six here number 18.
uh council stay on um mi 2020 5006 990 2601 south marshall street raymond derizio is the attorney
Raymond DeRizio is coming back now sure
good morning Mr. Chairman and members of the court so this is 2601 South
Marshall Street here's unanimous support from Whitman Council and a letter of non-opposition
from Council Member Squilla could you identify your client a relationship to the property
yes my client's name is mark lewitz and he is the owner of the property our vice chair has a few
questions good morning have you submitted your documents and exhibits for this case five days
in advance of the hearing yes and do you waive the reading of the refusal and stipulate to its
accuracy yes all right thank you you can see your screen and proceed with the case okay thank you
Okay, so this is 2601 South Marshall Street.
My client is the owner of the property.
He's owned the property for about 39 years.
This is our second time here on this one.
He was refused because he's seeking to do a two-family dwelling unit in the existing property.
It's been a duplex for a long time.
We were here in 2021.
He was granted his variance, but he never actually got the permit, so that's why we're back.
Um, this is at Marshall and Shunk Street, and here's the deed going back to, I believe, like, uh, 1987. Um, here are the plans. There's two units. They're one bedroom each. This was the decision from February 3rd, 2021.
one uh we're not seeking to do any changes to either the outside or inside of the property
it's a corner property between the blocks of sixth and seventh street
there's some of the photos it does have multiple meters gas electric which were there for
a long time here's some inside photos of the property the zoning the notice of the appeal
was posted and then we did send in a supplemental photo because it wasn't exactly clear from that
tax clearance is here and we did go before whitman council and they did support the project
and we did attach the notices there's several um notice documents after that but that was
basically the cover of it um i believe my client is on the call um but how many years has it been
a duplex council several uh at least i would say at least 10 to 15 maybe more i mean he was out
When he first bought the property, he was operating on the first floor.
He had a cement business and a plumbing business there.
You want two residential there?
Is that what you're saying?
Yeah, that's what's been there going on for a very long period of time.
Why don't you bring your client on?
Mr. Liuzzi, do you want to join as a panelist when you're asked, please?
Thank you.
Mark is declining the promotion.
Mark, can you accept the promotion, please?
He has declined again.
I know he's been on before, so he's hitting the wrong button.
Mr. Liuzzi, please accept and come on.
I'm going to promote it again right now.
Thank you.
Sorry for the delay.
Yeah, he has once again declined.
Counsel will accept your testimony.
See if you can, questions from the board.
He just texted me, said it wasn't working, but maybe he's having a technical issue.
sorry about that inconvenience yes could you just uh describe to me i see three doors
right and so for the property so could you just describe which door goes to which um entrance
yes um so there's the garage there the back door maybe i can get a better picture yes so the back
door should be for the well my client would know that better than me i believe the back goes up
and the front is for the first part
so that's the third one i didn't even count the garage doors oh i'm sorry
believe the one is for the garage but i'm not exactly sure i'm trying to get a better photo of
that I'm sorry okay so are the do you know if the two units on the two doors
on the side but is that the two entry ways to the units I guess the back
doors he just clarified to me is for storage so that door there that is
storage area and then there's the other two front doors which go to the units
in that photo so is that storage for both units yes storage for the whole
building to be used for the whole build and where would trash be stored is that
where trash is in each unit there I believe there should be receptacles
there in inside the unit is where they've been stored and I'm going to
clarify because he is able to get back to me
so the zoning board approved this in 21 and he never picked up the permit is that correct
yes do we do we have interior pictures yes okay thank you second floor has a trash
deck and i believe the first would be inside so i'll get to the interior photos
this is one
kitchen
those are the interior photos provide is that the first floor unit
yes this one was the first floor and is it one bedroom two bedroom
what how many bedrooms each unit has one bedroom okay and a full bath yes okay
all the questions do you have a floor plan
can be plans attached
so this was our floor plan okay
make it just a little bigger sure okay
i'm wanting the best of your ability council could you go through it
yes so there's the basement there to the left and then you have the uh first floor
uh the back is the storage area um i know it's hard to read and i wish my client can get on he
I know it's hard to read, and I wish my client can get on.
He just asked me if he can unmute.
He just asked me if he can unmute.
I was expecting him to go through it.
In the front, there's the kitchen.
And then there is the, I believe, the bathroom and living room.
Oh, I'm sorry.
The living room is at the entrance.
And the center would be the bathroom and bedroom, as I understand it.
And I think that's for the first.
and then the second floor is from the back there's a deck there where he where there's trash for the
second unit and then there is the kitchen bathroom living space and bedroom
any other questions
questions from our attorney i would just note um not necessarily a question but when the uh
the board before granted it that there was a proviso that there was a maximum two dwelling units
questions or comments from the virtual audience for the present audience here
I see no hands planning commission
Johnson Goins planning commission staff the comprehensive plan recommends no change to the
existing RSA 5 residential single family zoning at this location the property has a documented
historical use as a multi-unit building therefore the city planning commission recommends the board
grant the requested variance mi 2025 006 990 2601 south marshall street i vote yes with proviso
maximum two resident resident residential units michael johns my vote is yes with proviso
cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso ryan mcadams my
yes with proviso my vote is yes with proviso thank you thank you very much have a good day
number
number 11 mi 2025 006 633 1246 to 54 south 11 street adam
labor is the attorney mr labor could you please state your name and spell it for the stenographer
Good morning, Mr. Chairman and members of the board. Adam Laver, along with my colleague Eric Bodzin of Blank Rome, on behalf of Palner Group, LLC, owner of the subject property.
And I noticed there's a letter of support from Point Free's Civic Association, a letter of support from Maxwell Freeling, who lives on the block, and there's a lengthy letter of opposition from John Robinson.
Our vice chair has a few questions.
Certainly.
Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?
Good morning, Madam Vice Chairman. Yes, we have.
okay and do you waive the reading of the refusals and stipulate to their accuracy
yes with the acknowledgement that we are working with council for the zoning board of adjustment
concerning a amendment to the refusal which we'll discuss in due course all right thank you you can
share your screen and proceed with the case thank you very much
there we go i'd also like to state at the outset mr chairman and members of the board
that we have just received this morning four additional support letters from near neighbors
which have been submitted to ZBA executive director added to the file and possibly during
this hearing we may be able to provide you with the physical copies that are with your
professional team right now in the back room. Thank you. With us today also on behalf of the
development team are Vitaly Polyachenko, Gene Nearest, and Isaac Singleton along
Along they're they're here in the actual hearing room virtually we have Rustin Oller of Harman Deutsch Oller Architects, and in the hearing room is Benjamin Cromey of the American Institute of Certified Planners, currently managing partner of CH planning and an expert who has appeared before this board previously.
they're they're here in the actual hearing room
But the most important people in the room, or among the most important people in the room, are those from the Point Breeze Community Civic and Business Leadership, Al Littlepage and Claudio Sherrod.
uh and there are others who are present we believe virtually as well the presence of a
vested a vested community leaders truly speaks to the collaborative proposal that we are excited to
share with you today that we're proud to share with you today the plans that we're presenting
reflect input of stakeholder interests and feedback making this a better project which we
believe is the best way to make projects happen in our city beyond the specific provisions however
of the zoning code that we'll delve into shortly a real issue here before the board is a neighborhood's
vision for their own future a shared vision of those who have been a part of the community
often for generations through good times and not so good times those who have earned through
endurance tenure and grit the right to have a voice in shaping the future of point breeze
who proudly called point breeze home when others passed by it quite frankly members of the board
before the influx of more recent neighbors these are the individuals who have weathered the storms
of yesteryear and uh have been our partners in many ways in in the project that we share with
you today it's one that comes to you with input uh of these folks i have on the screen before you
uh a in blue you can see what is currently vacant land and that is the subject property
we hope with the board's support to reactivate this 7200 square foot rsa 5 lot
Despite, though, as you can see, comprising a nearly the entire north side of South 17 street between Wharton and Titan streets.
This property is directly along the number 2 bus line.
septa's number two bus line one of the most uh used uh lines in the city of philadelphia going
to center city uh north philadelphia and beyond this is three blocks off of broad street and it's
a mid and otherwise built environment but despite all of these positive factors for almost two
decades the heart of this block this property has sat vacant it's zoned rsa5 however it's
It's largely surrounded by a mix of RSA 5 non-conforming.
So properties that are within RSA 5, but don't reflect the RSA 5 strictures.
For example, on the left of the screen, you can see the apartment building, the multifamily
apartment building immediately next door to the property that has existed for many years.
and there is a mix of rm1 and cmx1 which you may have noticed in the
zoning map that i shared a couple slides ago this encompasses the entire block across from
the subject property rm1 and swaths of nearby properties as well so a question arises as to
whether or not the underlying zoning itself is actually appropriate for this location certainly
members of the board rsa5 is an appropriate uh needed type of housing throughout the neighborhood
and throughout the city but here on 17th street with the number two with the multi-family that
has previously been approved and existing with what i'll tell you in a moment about the nature
the history of the subject property going back for many years which did not conform with rsa5
we actually question whether this is appropriate for this block when in fact
the majority of the block has not been in conformity for decades
Now, regarding the much smaller parcel next door to the right, the it appears gray in the photograph at 1258 North 17th Street, I beg your pardon, but let's let's start actually to the left with the multifamily.
now regarding the much smaller parcel next door to the right
so immediately adjacent is a permitted six family rsa5 residence at 1258 north 17th street which
this board prior members of this board granted variance relief for multi-family use in 2018
so on a much much smaller parcel as you can see in the photograph a multi-family was deemed
appropriate at this location. I'd like to turn to a little bit of history. So if you walk at the site
today, you would not see the red brick, smaller structure, and the larger structure. And towards
the left of the photograph, you can see a cross. This was a church. And turning to what had been
there previously there was a church that was circa 1945 going back many years right a detached
building which it was not completely detached it was semi-detached
and it sat vacant for many years since its original use as a church
the church building itself members of the board never conform with code requirements
although a church use is allowed it didn't conform with the requirements of rsa5
it has since been demolished you saw the picture of the vacant lot a moment ago
furthermore we have carefully reviewed the records because we wanted to come prepared
to to the board today and there is no history of single family use at this property through
any of the available lni records turning to the heart of the case of course is the notice of
refusal which calls out the development proposal first approximately 2 000 square feet of street
level commercial space uh has been designed in the proposed new construction project
for at least one of four Point Breeze farmers market vendors that are ready to grow into a brick and mortar space
as facilitated between the ownership and the Point Breeze leadership, the Point Breeze Business Association and others,
giving locals a chance to serve their own neighbors, to be available to realize their dreams through commercial.
And what would be more appropriate for commercial than you walk to the bus, back and forth along the line, and you can also go in and do your shopping and patronize locals that are part of the community.
So the effort here is to build upon the recent success of businesses such as one called Social Beings and other local business success stories.
This neighborhood vision, this grassroot neighborhood vision calls for amenities beyond small corner stores. Point Breeze, yes, there's a role, there's a place for the corner store, sometimes called bodegas in certain neighborhoods. There's certainly a place for that. But this neighborhood deserves more amenities. It wants more amenities. It wants to be able to encourage its own to develop.
this is right off of washington avenue too am i correct yes we're we're we're we're right there
mr chairman so this fills a critical need beyond the proposed commercial and of course we'll show
you plans shortly but i want to stick to the refusal here approximately 15 000 square feet
of residential space is is proposed uh and this is what i would call family livable space focused
mix of 13 two-bedroom homes, six one-bedroom homes, and notedly no studios. There are studios in the
neighborhood. They're there. There's a demand for studios, but there's a critical need for
family-sized units. And although, as the board knows, RSA 5 does not call in this instance for
providing accessory parking we really sat down and worked with neighbors and community leadership
to give the future residents of this location the same thing that other
near neighbors sometimes have including actually a neighbor next door and that is 10 off street
a neighbor next door and that is 10 off street enclosed parking spaces uh through one kerbka six
uh class 1a bicycle spaces because there's even there's a growing a desire for that
you'll see towards the bottom of the refusal that there are three refusals uh before the board
in addition to the proposed amendment which is actually quite technical the first two refusals
involve dimensional variances which are good examples of true de minimis variances and in
keeping with neighboring properties these are variances of approximately five percent in occupied
area number one and in building height respectively to be in line with what is next door for example
each represents the minimum modification needed to situate community desired enclosed parking
with eight feet and a half wide stalls two foot steel beams needed to accommodate plumbing and
fire suppression best practices to meet or exceed code and uh the 10 foot six inch ceilings uh
commercial that are market standard for modern commercial space
the third variance which we've alluded to already is that the rsa5 residential single family zoning
district prohibits both multifamily and as we have clarified with with zba council in the proposed
amendment the commercial use should be specifically included it is stated mr chairman and members of
the board at the top in the in the application it was it was submitted that way we want the record
to be crystal clear though moving forward so uh the amendment would include retail office personal
services contemplated with discussion with the point breeze community development coalition
and neighbors that met with us and you will hear and perhaps you read in the report that
um mr cromey uh presented this particular mix of commercial and multi-family uses is quote essential
to viably activating this long vacant lot in a transit oriented sub area of the south district
and to advancing mixed use transit oriented goals end quote we also have submitted in the record
further research of local economic expert james paterno that this lot has quote never conformed
with the requirements of the rsa 5 district end quote which i as an officer of the court
have personally reviewed the records and can attest to and uh two quote this remains of a
physical condition that cannot conform with the district unquote and quote cannot viably return
to productive use without the provision of compatible neighborhood amenities such as rental
housing anchor or establishment businesses and or parking if not all three end quote
here you can see on the screen before you in blue the location of the subject property but we also
wanted to give you the context sitting here just this morning we've heard the planning commission
representative mr goins speak about context and what's in the neighborhood and what you see here
is that this is a neighborhood that is a mix of uh homeownership but also one that uh is is a
rental community uh and there are a lot of rental licenses we are proposing what we believe is
something different and we believe that that's why we have the support of the coordinating rco
for the larger units but this underscores the demand to serve the community additionally
we see business licenses but the map is far less filled with little dots
and that's what we hear when we speak with neighbors that they want
more opportunities not to have to go towards washington avenue which is close by not to have
to go to the big boxes but to patronize local businesses and more than just that it's to be
able to pursue their own dreams to to for the for the whether it's first second or third generation
members of the community to be able to say i have an idea and i'd like it to be rooted in the
community so we see a drastic undersupply of local anchor businesses
So we see a drastic under supply of local anchor businesses as opposed to the few existing business licenses in the area. We believe that this project will will fill a need.
And if you delve in deeper, which we don't have the time to do today, most of these are going to be the corner stores that we spoke of.
Here is the letter from Mr. Paterno, and you have the full report from ch planning.
I'm going to go through it rapidly because I know that time is precious.
I do need to establish a record, but time is precious.
I mentioned that we have worked with Zba Council on a amended refusal.
I want to be fully transparent for the present hearing room and the virtual hearing room that we respectfully ask the board permission to amend the notice of refusal of record to specify intended local business uses as reviewed with the coordinating RCO specify references to the consolidation
The consolidation of all parcels of record that are encompassed by that vacant lot that you saw and notedly to further reduce the building height to precisely match that of the loan adjacent home, a single family home, which was to the right of the property.
when we looked at the photographs i mentioned the sixth unit on the left i didn't speak much
of the single doubling home we'll talk more about that but this this revised plan uh would uh would
match that and we have submitted the full revised proviso plans the site plan uh itself has been
fine-tuned to balance neighbors interests in a ground floor that features both 10 enclosed
The proposed parking stalls, which you can see in the dark gray at the center of the plan.
You can see the in the coral color if I have that right to the left 2,000 square feet of proposed anchor commercial that is sorely locked in the neighborhood.
And as well, there is to the far right in tan by the car to the far right is an enclosed vented sealed trash storage area that would serve both the residential and the commercial with private commercial trash pickup three times a week meeting the appropriate hours of pickup to be
At least disruptive and there's a synergy of interest here at least disruptive, not only to the proposed new residents of the building, but to those who live in the immediate vicinity, particularly next door, quite frankly.
You will see distinctly separate entrances off of 17th Street, moving to the left of the handicapped parking space sign. You see the beige, which would be the residential lobby. And once again, what I perhaps mischaracterized as coral, but you can identify that. That's the proposed commercial.
So two access areas. And the residential is a well-managed lobby area with mail area for each of the residents. And the development team has a track record that's known to both the neighborhood, but also throughout Philadelphia.
So they they have a sense of best practices in terms of how to put this together, and hopefully you see that with this with this plan.
Moving to the proposed floor plans we're looking at the lower level to the left and the first floor to the right.
there is one proposed ground floor low lower level residence which features an additional
external staircase and as an additional egress for the bi-level unit with lighting and patio space
the there are two bedrooms proposed uh up at the left in green uh there at the lower level
and to the right in green you can see the balance of the living space that's proposed for this home
this two-bedroom home the next page here is showing second tip
The next page here is showing 2nd typical 2nd through 4th floor plans featuring on each floor or 2 bedroom 2 bathroom residences to 1 bedroom 1 bathroom residences.
Again, this equates to a total of nine two bedrooms and four one bedrooms. No studios, balconies for all rear units. This specific proposal contemplates more spacious, open, and naturally affordable family-sized rental homes, specifically drawing from neighbor feedback for this site
and underscored by mr paterno's findings that even if single family housing were viable at this
location the cost of providing such housing would result in an exorbitant sales price
in stark contrast to the cost of providing the proposed mix of family-oriented rental units
which has resulted in a substantial amount of new naturally affordable housing particularly
within this transit rich sub area of the point breeze neighborhood i'm quoting from the uh letter
that mr paterno submitted to the record the proposed elevations uh you can see before you
with the front elevation of course along 17th street that uh natural transit oriented street
um with uh the access uh to each of the units through the main lobby you can see balconies
and uh a roof deck you are not going to see so well from the pedestrian experience
and that's on purpose to have that uh set back there's a proposed pilot house that's set back
10 feet on each side with a six foot parapet to facilitate drainage and all of this has been
revised by the architectural team and in consultation with those who have sought to work with us
the reduction in height precisely aligns with solar features on the roof of the next door
single-family home notedly here you can see what would not be seen from the
pedestrian experience being the back of the property remember there's only the
one facade on 17th Street but this is a sense of the back of the property and
the Point Priest Community Development Corporation has submitted a letter of
support following a really robust uh discussion and robust involvement uh in a formal way but also
in what i would describe as a sweat equity way with with the development team of walking and
speaking with people door to door uh building uh as much goodwill as possible because that's what
they want uh to to be welcomed uh the ownership has engaged with more than 75 neighbors and
businesses uh members of uh rco leadership and this is reflected
at um before we get into some of the individual letters
on february 26 2026 at a virtual meeting advertised to 237 neighbors and all participating rcos in
accordance with code requirements the point breeze community development corporation led
additional discussion with the community of the community's desire to reactivate uh this lot
And what was discussed was substantial commercial space, non required parking, larger rental units. This resulted in a favorable 10 to three vote as the record shows of the three every vote counts but I just want to be clear that of the three, two of those votes that were in opposition were the couple who live in the single family
home next door. The RCO leadership voted in unanimous support of the application, and
there was a lot of discussion and continued evolution of the plans reflecting the engagement
uh reflecting the engagement here and it's important for me to note on the record a
here and it's important for me to note on the record
commitment to ongoing uh discussion and ongoing uh efforts because it's a rare situation where
everyone is in agreement there are so many different uh issues that come up even construction
issues right and the inconvenience of construction which we are fully committed to uh to working
uh with those uh who have a particular interest some additional support letters have been submitted
to the record plus the ones that i mentioned at the start of the hearing some of the comments
mention the eyesore that exists but more in a positive uh note the beneficial commercial
residential and parking that would provide be provided by a development team that has been
transparent respectful and willing to work with the community these are quotes commending the
team's goal of creating a more inclusive neighborhood appreciation for the developers
meaningful adjustments noting that what stands out most is their willingness to be flexible
and solution oriented based on the unique physical conditions evidenced this morning we submit
that the vacant lot the former site of a non-conforming vacant structure cannot and in
fact has never managed to conform with the restrictive rsa 5 standards that the subject
community driven mixed use application for variance is well suited to reactivate the vacant lot
in furtherance of the philadelphia code and the comprehensive plan and that 17th street
situated on septa's number two line is particularly suited to grow local business
naturally affordable family-oriented residences and also provide for above code
parking accessory parking recognizing that not everyone travels by bus
there's one witness that i would like to call briefly and that's uh benjamin cromey if the
board would like yeah I mean give give me an idea of what briefly is five minutes for Mr.
Cromey two minutes for me to sum up okay thank you Mr. Cromey good morning Mr. Cromey
Mr. Cromey could you please state your name and spell for the stenographer
Yes, it's the one I get close to that. Benjamin Cromey, B-E-N-J-A-M-I-N. Cromey, C-R-O-M-I-E. Is that on, by the way? Is the mic on? Yes. Okay. All right. Good. All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth? I do. Counsel?
Thank you, Mr. Cromey. In the briefest of manner possible, it's our understanding that you have researched the site, been to the site, are familiar with the site, and have submitted a report of your findings to the Zoning Board of Adjustment, correct?
That is correct.
Could you please present a brief highlights on your findings concerning the standards under review by this Zoning Board?
Okay, I'll read this to keep it concise. As professional planners who have investigated the subject property, its surroundings, and the highly specific goals of the comprehensive plan for this transit-oriented sub-area of the South District, we are of the opinion that the particular mix proposed here of a commercial anchor business and sizable multifamily unit is not only compatible with the neighborhood uses,
What is in fact critical to the activation of this long vacant spot that is currently constrained by unfeasible based zoning requirements and requires the provision of such amenities to drive productive community driven reuse.
uh this development was conceived as a ground floor commercial with supporting apartments uh
uh input from the rco uh and this is a commendable effort to invest in a community with the input of
the community thank you mr chromey mr chairman and members of the board the authorization of
variance relief will not alter the character of your your summary yes yes and then i'm going to
get my client and i got it because there are people who want to spike the authorization of
variance relief will not alter the character of the neighborhood or district in a negative way
it will enhance the neighborhood vision it will not be detrimental to the public welfare the
proposal fits into the surrounding neighborhood as evidenced by the support of the coordinating rco
all participating rco leaders to our knowledge the point breeze business association this all speaks
to the granting of relief being of a benefit to the public
to the granting of relief being of a benefit to the public and within the spirit of the zoning code
and within the spirit of the zoning code.
and context the the topic of context which comes up in most every zoning hearing particularly from
a planning perspective look at the context yes rsa 5 but what is existing in the rsa 5
particularly in the near area it's interesting actually that the conforming the rare instances
of conformity um are uh are the minority here the proposed variance would represent the minimum
variance that would afford relief and will represent the least modification possible of
the regulations at issue specifically to accommodate uh the minimal but necessary height
variance and occupied area variance quite minor to safely and reasonably provide community desired
parking and desired commercial space the grant of variance relief will not adversely affect
transportation or unduly burden water sewer school park or other public facilities nor will such
grants substantially increase congestion in the public streets we believe it will relieve it we
believe that the proposed family residences along the number two line will further transportation
desires. This will not increase the danger of fire or otherwise endanger the public health
safety or general welfare. Rather, the community will benefit from this shared vision of what has
been proposed. Mr. Kroma, you may sit down for now. Thank you. Vitaly, would you please come to the
front. Is this a witness of yours? To adopt and affirm. Okay. Vitaly Polyachenko is a principal
of the development team. Could you please state your name and spell for the stenographer?
My name is Vitaly Polyachenko. V is a Victor. I, T is a Tom. A, L is a Larry. I, Y. Last name
He is a Peter O, L is a Larry, Y, A, C is a Charlie, H, E, and is a Nancy, K, O.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Counsel?
Mr. Polachenko, you have been present in the physical hearing room this morning to hear all of the testimony that's been offered in this matter, correct?
Correct.
And would you adopt and affirm the testimony, all of it as your own?
Thank you.
Thank you.
Mr. Chairman and members of the board, we know that the coordinating RCO is here.
We know that there is the next-door neighbor in the hearing room.
We also know of at least three supporters virtually.
Here's what we're going to do.
We're going to start with the people here, and then we'll go to the phone.
And just so everybody knows, when we have multiple people want to testify, we go to a two-minute limit.
So, if you would use two minutes to, and I see our executive vice president, our executive director there, and he always gives me a look. So, Mr. Littlepage, you've already been sworn. Just for the record, state your name.
Testing, testing. My name is Albert Littlepage.
Right. Please start your presentation.
And so, as has already been stated, we hosted a meeting, and you saw the results of the meeting.
And so I was actually surprised to know who to vote. I didn't even know who voted because my assistant calculates the votes.
But we did hear from the community, and we know that the next door neighbor was opposed, as well as was a young lady who had some concerns with parking, which I live at 17, 1801 South 17th Street.
So parking in South Philadelphia is just complicated, let's just say that at the least.
And we heard the concerns. And, you know, one of the things that as we do these properties is that a lot of our residents want to see some new housing as well as commercial added to it.
What we thought was good about this particular project was that it actually included parking because out of 19 units, there were 10 parking spaces. There were bikes there. And what brought to my mind is I've been living in South Philadelphia for over 25 years.
the house to the left used to be a numbers house and right around the corner a man was murdered
right on the street there so one of the things that kept bringing to my mind was seeing this
empty lot all the time and I ride by there and I went by and I saw the gentleman who lives there
that doesn't want the project built and I can kind of understand he's kind of has a standalone
property I see he has little items outside his daughter writes with the little crowns on the wall
i see he has little items outside his daughter writes with the little crowns on the wall
and so he's he has his family there but walkability will increase the safety in that area is what we
we originally saw as well we were excited about that part we were excited that it would you know
just change some of that the um the the negativity in the area like you said some of the bodegas and
things of that nature but that's not all our community is really about um and so we see a
change in our community. The one other thing is that I said is these guys were very open about
affordability, so we appreciated that, and they were flexible. When we asked about the height of
the building, they compromised and brought the height down on the property, and when we talked
about units, I believe they reduced some of the units, and they didn't just try to oversell it.
They didn't know who they were going to bring into the commercial property, but they said that they
would work with us because I think the neighbor was concerned about cooking, so they eliminated
someone cooking or using anything in that area, so they compromised on that. I'm not sure about
the other outreaches they did with the gentleman, but they have compromised on some issues, and we
appreciate that because as we work with some developers, they're not flexible at all. So
that's really just all I have to say. Thank you for allowing me. Thank you for taking the time.
Next person in the audience, Ms. Oroff.
Good morning, everybody.
Could you please state your name and spell for the stenographer?
Claudia S. Sherrod.
C-L-A-U-D-I-A-S-S-H-E-R-R-O-D.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please start your testimony.
Yes, I do.
My name is just a little bit closer, if you could get that mic.
Can you hear me now?
I can now.
I'm very committed to this project because this gentleman has been doing nice work in point threes.
I'm a resident of 65 years, and I'm seeing the change from what it was to what it is now.
I really feel the impact of what this particular developer does is being concerned about the people as well as making money.
Everyone else is worried about making money.
He has put his heart and soul into trying to see what he can do to bring fruitful projects that will not only enhance the community, but enhance the neighbors working within the community.
This project, I'm really excited about it because to have parking inside of it, 19 apartments and 10 parking spaces and bike racks as well.
And I was told a lot of the young people or people who would be renting have probably no cars at all.
So that enhances the problem that we have within our community with no parking.
We have, developers have just put buildings that are two and three hundreds of people in apartments. And if you say apartments of 200, you better look at maybe a thousand people. Where are they going to park?
So I'm 100% in support of this project. I am presently a consultant to the Point Beach Community Network Plus. I'm the former president of Point Beach Community Development Coalition, and I have worked and I've seen the growth, and I'm just really happy to have the opportunity to speak on behalf of the project owners and
the projects that's yet to come all right thank you so much for coming down and we appreciate
the time you spend we have two people left to testify in the audience would you come up please
good morning my name is john robinson again mr b is oh you didn't even give me a chance to say it
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
All right. So let me start off by saying all the board members have your letter.
So could you give us an outline of where you stand?
Yeah, I'm still opposed to this project. I've heard many of the arguments here about affordability.
I have not heard a compelling argument towards affordability in terms of how they're going to actually make this affordable for people who maybe can't buy a house,
but also can't rent a unit that's $2,000 a month.
thousand dollars a month but it's not affordable i've heard the arguments for parking and well
That's not affordable.
I've heard the arguments for parking, and, well, nine.
nine ten spaces is good there are nine other units that are unaccounted for and while it's nice to
think that people won't move in with cars i don't think anybody can really know that many people
move in with vehicles i still have issues with the trash door which is literally next to my door this
represents a major inconvenience for me vented or not sprayed or not i have never seen an apartment
building with clean trash anywhere it just doesn't exist a lot of the issues are still in my letter
and i think they're still valid you know i've heard council say some nice things and i saw the
argument about zoning but the balance of zoning it's currently balanced if you look at that chart
you see some mixed use you see some rsa5 shifting one whole side to just be that offsets the balance
and if you were to zoom out even just a little bit and look at the neighborhood a block down
It is also RSA 5, I believe, and it is single family home. I don't find the argument compelling that there is this unwavering need to activate a lot by building a giant commercial mixed use building on it. I don't think that's true. I think you can build housing there. You could make it affordable if you wanted to within the zoning variances.
there's just not a strong desire to do so and the commercial corridors are actually very accessible
there's point breeze that has a lot of commercial there's washington avenue and there's broad street
and they are not far it's about three or four blocks in either direction um uh thank you very
much we appreciate your test money we appreciate the time you spent writing this letter sent to us
okay council do you have any questions just a couple questions uh good afternoon thank you for
being here um sir your uh residence was a custom built uh new construction home correct
uh i bought it from a developer who made it i didn't have any input into the actual construction
thank you and to your knowledge uh is that home uh in compliance with uh the zoning code
and the requirements of the department of licenses and inspections to the best of my knowledge
for example to the best of your knowledge are you aware actually that your accessory parking
is not permitted i yes i know that it's not permitted to put a door there but i was told
at the time by the developer and the real estate agent that vehicles could be parked on the property
as long as there's no vehicle or obstruction hindering it as long as parking is not permitted
on that side so where we would not be able to do so unfortunately mr chairman and members of the
board what we have here is an example right next door where just like my client is seeking some
relief unbeknownst to this homeowner and i'm sure that because he didn't build the home it's not
permitted for for the parking which probably makes sense uh also the way that the developer built
the deck on top of this gentleman's home is not in compliance with the permit again he didn't do it
he's not to blame I bring this to the board's attention and also to the neighbor's attention
just that as we are seeking variances from the code and looking to properly document it's not
uncommon in fact it's more common than not thank you thank you sir I appreciate it may I add a
additional comment i i would like to say it's very short we're trying to get everybody in yes i
understand and i good okay i i find that a little farcical that this is a discussion here when the
variances that they're proposing will cause significant inconveniences but the variances
that he cited that i may now need to go and inquire have not inconvenienced the neighborhood
in any capacity and have not caused major disruptions thank you very much for your
Is there anyone else in this audience? Are you testifying, sir? Question or comments from the virtual audience? How many hands? I just see one hand. Thank you.
Maxwell Feinberg. Okay. Has been promoted.
Good morning, sir.
good morning good morning could you please state your name and spell it for the stenographer
my name is maxwell feinberg m-a-x-w-e-l-l-f-s and frank e-i-n-b-e-r-g do you swear or affirm
to tell the truth the whole truth and nothing but the truth yes um are you a neighbor yes
please proceed i live a a handful doors down and i live at 12 30 south 17th street apartment 3
South 17th Street, apartment three. So very close to the property. And this project
is absolutely beneficial to the neighborhood, in my opinion.
You know, right now it's an empty lot. It's ugly. I mean, it's, you know, we don't need more
single family houses. We need more apartments and commercial spaces. I live in an apartment
and it's expensive to rent. There's not enough apartments out there. It's unaffordable to live
in the city anymore, especially this area. Increasing the supply of apartments, just like
i rent would reduce the cost for everybody um i think the i think the project looks beautiful
um from a perspective of you know it's well designed and it has all those parking spaces
um i think that's a really big benefit to the community where parking is limited
right um i think the height variance is minimal and nobody would ever be able to recognize any
um any difference in height looking from the street um from walking by and it's just this
is what the community needs we don't need to just walk to broad and walk to washington
and walk to point breeze we need these little pockets of commercial space that we can go
and have services you know we don't want to be living in a desert I mean I find that this area
can be a desert where you have to walk 10 minutes in each direction so so sir you're in favor of
this project yes I am all right thank you very much questions from the board yes I have a question
um the first question I have is the trash room is enclosed right it's inside the property is not
outside correct it's it's fully enclosed uh ms graham it is secure uh and to be accessed
only by licensed uh commercial trash pickup providers and we are even happy to coordinate
with the community if there's a particular preference on timing because not everyone
always agrees but try to trying to get consensus but yes that's shown here on the screen right now
Okay, and the next question I had is the reduction in height, would that make the solar panels from the neighbor's property, would that positively impact the production of the solar panels?
Yes, our design team has listened and looked and revised so that the solar panels will not be negatively impacted in any way by the proposed new construction and be able to operate efficiently.
And lastly, besides cooking, I know like the block is like primarily residential and there may be commercial pockets that are close to it. Just any idea of what commercial business that could survive there?
I know that they mentioned something with no cooking, but is there any idea of what a commercial tenant could look like?
perhaps something creative from from from some someone uh from the community who has an arts
background and wants to have a relatively i'll use the word relatively right because i don't
want to try to suggest otherwise but a relatively affordable way to to have a business perhaps an
experiential business even that uh allows the creative outlet ceramics or or textiles and i
ask that because oftentimes we see folks come back and say we can't find a commercial tenant we need
to make this residential so does the effort you know that's being put forth to keeping it to making
this commercial like you know just making sure it's really viable it's really important and we
to stress that so much and engaged in above board discussion we think we may have an upper hand
actually uh on this because we are working with those who know the neighborhood best
and what would be fantastic would be to hear from ms charrod mr littlepage our next door neighbor
even maybe hopefully we we come together and and somebody comes to us and says this is going to
happen and maybe this is a space for the idea i heard about thank you all the questions i'll ask
the question i generally always ask which is what's the depth of those uh basement units i
see you've got some basement units what's the depth of the slab below great sure and the
and the opportunity to have walk out um directly walk out from those um basement units so two
opportunity to have walkout um
questions of course mr johns and i'd like to call rustin oler uh of harman george oler who's with us
virtually and is now unmuted mr chairman to respond hi uh roston oler r-u-s-t-i-n-o-h-l-e-r
right do you swear or affirm the tell the truth the whole truth nothing but the truth
So because of the commercial space and accessibility, the first floor is set at grade.
So the basement for both the commercial and residential portion, which are bi-level, are about nine feet below grade.
We have no issue with the proviso that we have stairs and access out to the yard so that it would be a walkout.
Can you pull up the plans again?
currently we show egress wells in the rear but we can accommodate a full staircase
and you go to the basement so these basement units are a nine foot below grade yeah so the
first floor submerged below grade well it's not an all basement unit so the first floor is
completely above grade the basement is completely below grade we have the unit has a private rear
yard and patio and we have room to put a full staircase so it could be walk out if that's
something the board wishes or would like to include as a proviso so so this is the this is
the grade plan yeah this is the first floor and then where is the basement plan adam can you pull
that up there's two bedrooms um and two bathrooms down there i was uh just trying to zoom in right
there don't mean to make anybody emotion secure one moment in the basement we have our utilities
we have um the other half of the commercial space and then the other half of the bi-level residential
unit does that help mr john to see what you were looking at yeah because well you i can see it now
okay well that's the first you're back to the first yeah he's back to the first floor sorry
okay so so right now we're showing two egress wells with double egress compliant windows but
we could turn those into uh doors and stairs if that's something the board would like to see
on the left side of the screen mr johns is the lower level i can zoom in if you wish no i can
see it clearly they would benefit from a direct walkout from anything that's nine foot below grade
is untenable in my opinion but yeah we can uh we can accommodate that and um
give my promise that we'll that we'll do that any other questions yeah is the thought for
the commercial space that the basement is going to mostly be for storage yeah back of house storage
utilities um okay and then where's the bathroom for the commercial unit oh so we would just
accommodate the tenants need so there would be a requirement for a full ada compliant bathroom
kitchenette or anything else they need at the first floor we would make sure we're full ada
compliant in accordance with the building code as part of the tenant fit out once there is a tenant
understood and then you know end up in the back left or right corner mostly the parking is only
going to be on the first floor so in the basement is that just foundation uh yes so beneath the
parking there is no basement other than the pico utility vault so the parking is essentially slab
on grade the rest of the utilities are below the residential lobby okay and then how are you
handling storm water drainage um yeah so all um so there's no essentially storm water management
system due to the size of the site um but you know in accordance with the water department
requirements all the storm water will be set into separate piping and tied in separately to the sewer
system okay and so and then this is a fully walk-up building so i guess the only comment i would have
is that to have 19 units i think another resident also mentioned sort of around affordability it
would be nice to see a little bit more intention around having either type a type b and affordable
units that were designated for us to have this many units understood we agree any other questions
questions from our attorney not at this time okay uh questions from uh comments from planning
commission uh jonathan goins city planning uh commission staff the comprehensive plan
recommends no change to the existing RSA 5 residential single-family zoning at this location
the appellant has not demonstrated that there are unique physical circumstances or conditions
the appellant has not demonstrated that there are unique physical circumstances or conditions
of the property that would prevent it from being used in conformance with the zoning code
city planning commission recommends the board to neither quested variances okay um
so we're going to hold this right until um you do your amended amended refusal with the board's
permission we would have are you and are you listening or council yes sir uh and and we would
want to do this we want to I'm going to I'm going to close this I mean we're done yes uh it sounds
as though there's two weeks we would is that sufficient time uh Mr. Labor to make the requested
amendments yes okay two weeks sounds great absolutely uh we would we would uh ask that
the record be closed oh yeah I'm doing that so the question would be uh what's the date of that
wednesday two weeks from now so chair that would be uh may the 6th we're going to continue this to
may 6th at 9 30 a.m we'll take this executive session and we'll vote at 9 30 but it's closed
nothing else comes in mr chairman and members of the board thank you for the board's introduction
thanks for everybody who spent so much time with us we appreciate it and the people who
had different comments but thank you very much we're going to move on guys thank you
Number 13, MI-2025-006-649, 743 North 44th Street. Joseph Consul is the attorney.
mr console he's joining us now good morning mr console could you please state your name
and spell for this phenomena joseph console that's j-o-s-e-p-h last name console c-o-n-s-o-l-a
do you swear a firm that's all the truth the whole truth and nothing but the truth
i guess i do could you identify your client a relationship to the property
yeah uh my client is uh nor now rose and ridwayne llc represented today by its owner mohammed ullah
and there's a uh a recommendation of support from west um belmont civic association our
voice shares a few questions sir good afternoon have you submitted your documents and exhibits
five days in advance of this hearing yes and do you waive the reading of the refusal and stipulate
to its accuracy yes all right thank you can share your screen and proceed with your case
okay good morning uh chair bergman members of the board joe consul here uh for 739 north 44th street
we are seeking a use variance to allow for a multi-family dwelling within this existing
structure the refusal is because this property is currently zoned as rsa5 we're here today to
demonstrate that strict compliance with RSA 5 presents an unnecessary hardship for this specific
property created by the recent city down zoning. And that a three-unit property is appropriate for
this block and appropriate for the neighborhood as demonstrated by their unanimous support.
So there's the refusal. This property was in 2023, downzoned from RM1 to RSA5. My client bought that property the same year, a couple of months after the downzoning had been signed by the council and the mayor.
and so he sort of scrambled on what to do with it at that point we submitted for the three unit
approval and now we're taking it through this process so there is the refusal
there is our vote of 10 in support three committee members abstained
notice in the meeting we actually uh met with them twice we came back with a full set of
architecturals which was their request from our first meeting so here's the property as you can
see it requires some TLC here which my client will provide
Show him some photos, show him some photos.
tax clearance certificate, the deed, the purchase. What we hope is compelling is the property
directly next door is zoned for three units, and then the property, and that's 733 North
44th and then at 737 north 44th you also have a three-unit approval so on this
side of the block of the properties that are not vacant we have two that are
approved for what we're seeking today that are of the same size as the
property that we are presenting to you today to show you some internal photos
That's just the deed. Those are external. Do some internal and I'll show you the plans.
My client has been cleaning it up in anticipation of renovation into hopefully what we are proposing today.
to do to do I'll skip over to the plans there's the proposed first floor and
basement basement is mechanical and storage first floor unit two bedrooms and
the bathroom and here's the second and third floor units also two bedrooms the
bathroom let's see as mentioned West Belmont was in total support and that
ought to do it for the bulk of my testimony could have them adopt it and
and we can answer any questions.
Bring your client on, please.
Muhammad, are you available to raise your virtual hand?
Muhammad is coming in now.
Muhammad, can you unmute yourself, please?
what's next door joe how many units three there it is
muhammad there it is actually 737.
are you able to unmute yourself muhammad yes hi muhammad could you please state your name and
spell for the stenographer mohammed m-o-h-a-m-m-a-d u-l-l-a-h
is it possible for you to turn your video on
okay do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes uh mr uh did you hear my testimony just now regarding uh your property at 739 uh north 44th
street yes do you adopt it as your own yes okay i have nothing further questions from the board
can we see the floor plans again yeah would you like the first or the second floor
or the second and third floors both you kind of went by them a little fast here okay
yeah i try to i try to toe the line between too long and too short
okay so no
the basement is going to be just for storage and what have you yes mama there's no living
space in the basement correct no no living space that says uh storage and electric panel box and
water heater room okay and then the first floor unit has how many bedrooms two bedrooms
and bathroom and kitchen dining space in the trash closet as in touch closet yes
requested by the rco at our initial meeting
All right, going up taking the elevator up
yeah taking the elevator up
yeah yeah you got all right i can't can't hear you
No, I'm just asking, I asked him to move it up some so I could see the front part of the unit.
I understand.
I understand.
Perfect.
Thank you.
I have a question about the utilities for the second and third floor unit and where you intend to have those.
Mr. Orwell?
uh she was questioning where the utilities would be for the second and third units
uh is there utility going to be on the all utility meter going to be on the basement
so all utilities are in the basement how are the second and third floor tenants going to
be able to access the basement for servicing if it's tied to the first floor unit but maybe
we can put it outside actually that's we don't put it like right now they have a meter outside so
might might put it outside than 34 of them 30 of them i'm sorry i missed part of could you repeat
your last sentence okay you're talking about the funnel box funnel box every every unit have their
own panel box on every floor okay so that's electrical is this an all-electric unit you're
not going to have gas service yet yeah all electric unit okay thank you for clarifying and then just
in the first floor what's going on in the rear bedroom i see some notes on the plan that look
like the laundry room but there's another area that's listed as the laundry so i just wanted to
no laundry room on the first floor they put it in but we're not going to put it on the laundry
room on the first floor that's uh there is only the two bedroom and kitchen dining and the living
is fantastic and then what is the plan for uh trash storage and management
okay we have the first closet are you open to a proviso that requires all trash be stored inside
like as an actual proviso yes okay yeah so we have it
i don't have any other questions i yeah i got you
i got a couple issues one is an issue that just is unacceptable for me which is to have a
access to a to the rear yard through a bedroom which you have on the first floor which makes
absolutely no sense is the worst condition to have a backyard having someone and neighbors
friends whatever to have to go through a bedroom to go to the backyard that is untenable for me um
Two, go to the front area that vestibule. That makes no sense. What is that space in the front for? You've got windows in a living room that front into an enclosed porch, so you can't get natural air unless the windows on the front porch are open and it's a shared space.
It kind of creates a weird condition that is not a good condition, I would think, for three families.
living in a building like this so that that's problematic just from a design standpoint
it makes sense if you could go out that breezeway to get to the backyard reconfigure this thing
thirdly or fourthly wherever i am on the sec the second floor third floor unit
you got a two-bedroom unit typically you'd want to have a um a bathtub not a shower because if
they've got a kid you don't want to you know bathe the kid in the shower um so that is something
that should be looked at okay so those are my issues with your plan all right to the extent
and i see an update of that we're i'm happy to discuss with muhammad and his architect
just taking some notes let's figure this out are you going to try to adhere to that joe
Yes. Does that all seem reasonable, what Mr. Johns suggested?
Yeah, reasonable even I can close that in the backyard door is not a big issue actually.
So we don't have to, we have a backyard door and close it.
So I think what we need to do is we have to bring this back for a resumptive hearing.
Right.
All right. So we're looking at, uh, Mr. Johns, the no exit from the downstairs bedroom. We understand that, uh, the windows out to the porch, um, which is enclosed. I understand that being problematic. And then did I miss?
which is enclosed i understand that being problematic and then did i miss anything on
the first floor yeah that was i mean it it seems to make sense that from a more public space on
the first floor to access the public outdoor space is to make sense to go through the breezeway so
it's like a reconfiguration of that area of the first floor of your kitchen and living room area
to get access to the backyard from there and potentially make that that vestibule enclosed
porch part of that first floor unit so you get a better unit on the first floor got it and then
the second floor um the other issue was the third floor too right Joe remember yes third floor the
bathroom yeah second and third floor bathrooms right so at this point I'm going to make this
a resumptive hearing to july 7th at 9 30 a.m if you can get a hold of um and see if that's possible
to get in sooner but that's the date i'm giving it right now so it'll be a resumptive here in
july 7th at 9 30 a.m all right we will update and revert back thanks i'll reach out to you
much appreciate your time thank you thank you 15. mi 2025 006 709 101 north 60th street
so mantha lions is the attorney
Samantha Lyons?
Samantha Lyons is coming in now, Chair.
All right.
Thank you very much.
And Chair, this is Ian Hegarty just noting for folks in the virtual audience and here, this is going to be the last case that we'll be able to call before our required 1 p.m. staff break and 2250 North 16th Street will be called when we resume at 2 p.m.
Thank you.
Samantha?
Yes, Chairman. Good morning.
Good morning. Could you please state your name and spell for the sonographer?
Yes, absolutely. My name is Samantha R. Lyons, S-A-M-A-N-T-H-A, last name L-Y-O-N-S.
Do you hire a firm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you identify your client in relationship to the property?
Yes. Good morning, Chairman and members of the board.
I am here regarding property address 101 North 60th Street on behalf of Bernard Etienne, who's the managing member of JBE LLC, the property owner for in this matter.
Can I notice that you have a letter of support from Achievability?
Yes, sir, we do.
And our vice chair has a few questions.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
yes ma'am good afternoon madam vice chair we have submitted our documents and we submitted
an additional supplemental photo uh yesterday okay thank you and do you waive the reading of
the refusal and stipulate to its accuracy yes ma'am we do okay thank you you can share your
screen and proceed with your case so good morning members of the ZBA as I
mentioned my name is Samantha Lyons I'm representing the applicant here Bernard
etienne who is the property manager the managing member of the llc jbe remodeling essentially the
applicant is seeking a use variance to permit to permit a three dwelling unit multi-family use
within the existing attached structure which is currently located in an sra 5 zoning district
the property consists of approximately 4 287 square feet and contains an existing building
size which size configuration and layout essentially make it unreasonable for single
family use at this stage the property was like this when the owner purchased it this particular
requested relief reflects the minimum variance we recognize that the proposed use will not
adversely affect the health public health safety or welfare there is a plan for trash management
We look to see minimal impact on the neighborhood with regard to parking, storage, et cetera.
And with regard to the applicant's exhibits, I'll just do a quick stroll through.
And why don't you do this, counsel, if you would just make it a little larger.
We're having a hard time seeing it.
I sure can. That's much better. Thank you. And I would tell you, we have all your documents. So if you would, I think you should go to photos and plans. That was my plan. Right. Oh, thank you. Thanks. Well, I like we're on the same page.
I sure can.
That's much better.
Thank you.
Thank you.
okay so just as an obvious there's the certificate of tax compliance i'm going to scroll to exhibit
g which is listed as the scale drawings for the property uh as you'll see the first floor unit
is actually already uh rented um pursuant to legally rent it with a certificate of rental
suitability etc and what we'd like to do right now the second floor and third floor are exactly
the same with regard to the overlay with regard to the structure can can you okay
is that what you yeah can can we make it a little bigger a little little yeah
a little bit let me see something
thank you is that work is that good okay
i'm sorry i'm learning something from one of my fellow board take your time i don't have to get
you to do it you can expand but i'm happy to expand for you it's fine thank you yes ma'am
um so as you'll know the second and third floor which are currently vacant uh pending approval
are also consists of three bedrooms kitchen bathroom unit the basement itself is on the
plans but simply storage right there so I'm going to keep scrolling down to the exhibit H which
shows the property photos the first photo is just a time stamped confirmation that zoning was posted
it was a little difficult to see in our initial exhibit it so that was the supplemental one that
we exhibit it. These are the outside photos of the property. I'm going to scroll a bit
slowly. The area itself, the properties are the area that street is RSA 5. The area itself
is a combination of RM 1, CMX 2, CMX 3, and of course RSA 5. Following our internal photos
of the property, kitchen space, additional kitchen space, the view of across the street
from that unit bedroom closet storage just the stairwell
it's multiple photos the restrooms for the properties you'll see bathrooms and showers
throughout one of the bedrooms
And then one other just kind of additional note, the property already is set up with panels for each unit. So pointing that out that, again, it is already configured, Apartment 1, 2, and 3, for that setup.
and then if there are no current questions i'm just going to scroll down to the community
meeting handout which is my last exhibit that shows just what was presented to the community
why they requested which is essentially what we said the property has been historically used for
multi-family residents the first floor is rented this essentially allows us allows us to continue
to use the property in the most effective way while still maintaining the characteristics of
the neighborhood. There are no short-term rentals planned. There's no exterior expansion to the
building, no increasing building site or change to the residential character. And again, these
are the things that were committed at the community hearing, information regarding parking.
The applicant committed to a maximum of three dwelling units, no short-term rentals,
has already begun the property management and plans to continue that and of course
obviously full compliance with building fire and safety codes the meeting was held with
achievability on february 11th i believe apologies if i'm me speaking these are also signatures of
members of the community that mr etienne was just able to pull on his own just stating their support
of that they are in support of the project the change the use the addresses and then finally
the meeting summary from Achievability the coordinating RCO they were in support there
They were in support. There was no opposition. And specifically to quote, you know, one person thank the property owner for creating welcome changes and being present and invested in the neighborhood, which is Mr. Etienne's plan. And look forward to basically receiving any comments or thoughts and continuing to work with the neighborhood. That is essentially our proposal.
was no opposition and specifically
Why don't you bring him on to adopt your testimony?
I was going to say that is essentially our appraisal.
Please allow me to bring applicant on.
Mr. Etienne, if you can please raise your hand if you already have it.
It was Mr. Etienne.
Is that stuff with an E?
I don't see a hand raised.
Yes, it's Bernard Etienne, E-T-I-E-N-E.
Yes, ma'am.
Thank you.
I'm promoting now.
Okay, he has declined that first promotion, and I will try again.
Bernard Etienne, can you accept a promotion?
the client once again oh so counsel um yes you went over this pretty well and i and i think as
an officer of the court we'll take your testimony questions from the board yes could you just uh
describe the trash plan for me for the three units uh yes ma'am so currently uh it's just
or private pickup for the one unit i believe that the applicant has a plan to put in a trash
management service that goes along with a normal pickup for the area on the property again where
would the trash be stored prior to pick up for each unit so what i can gather is that prior to
pickup there's initial space this is what i was actually hoping the client would speak to
but i'm going to scroll down to the photos
So in the property, if you see along the side, there's an area near the steps that I believe will work for trash storage at a larger rate or a larger unit outside of what the individuals have available in their homes.
So in that area available for pickup on the outside of the property.
So the second and the third floor would have interior trash storage as well as the first floor?
Yes, ma'am.
When you say outside of the property, what do you mean?
I'm sorry. Did I say outside?
I'm saying before they were put outside for trash pickup, they would be stored in these areas.
Well, that's your HVAC and your hot water. I don't think you want to store your trash in your HVAC closet.
I believe that's a fire waiting to happen.
note it note it i believe there is a space in here that the um that the client has specifically
referenced and i apologize for not having this exact answer that is the one thing i asked him
to come on and speak to just i was brought onto the project yes there we go here he is yeah sir
could you please state your name is spelled for the stenographer my name is bernard h-n-b-e-r-n-a-r-d
Last name is E-T-I-E-N-N-E.
All right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
All right.
Counsel, you want to adopt your testimony first, then handle the question about the trash with your client.
Absolutely.
Mr. Etienne, were you able to hear and see my presentation to the zoning board?
Are you able to confirm that the statements I have made accurately reflect your request in the intended use of the property?
And you adopt my statements as your testimony before the Zoning Board of Adjustment?
Wonderful. Okay. In that case, for the record, could you briefly confirm
how you intend to handle the trash storage and basically maintenance for the property?
Yeah, actually, in the meeting, that was one thing we discussed, especially there's a little
yard in the back of the property. At first it was putting the trash right there, but there's
other people that was dumping the trash there. So we actually removed the container, the trash bin.
I removed them. The first floor actually right now, she's agreed to holding the trash into the
apartment because she said she's not willing to produce a lot of trash. And also calling the
And also, I also call in the sanitation, I had to talk with them.
sanitation, I had a talk with them, they say they all
They say they are also planning to do a two-week-day trash removal.
So that would make it much easier.
So if we have a two-day trash removal, because I've been talking with them regarding the dumping,
or there's other people that I was dumping in the thing, actually cleaning this area a couple of times.
And actually, this time, it's actually since I removed the trash bin, it's been cleaned and no dumping there.
and the first floor being uh will satisfy with the trash and they put it out whenever the trash day
is in so the question is trash will be stored inside and put out on trash day is that what
you're saying yes yes and the what i understand is that part of that is just confirming that i
didn't want to overly confirm but confirming that management plan with whoever the trash
company is going to be once the second and third floor are properly approved
no no that was that i that was that was me misspeaking right now what i meant is that
they're keeping it internally i know there was a side situation i know that they had something
outside but people that did not live there were using it so the idea was to come up with a
different plan that allowed a more control for the property thank you yes questions from our
attorney um i just noted that one of the provisors that was mentioned was a maximum
three dwelling unit just one point yeah thank you questions or comments from the virtual audience
there are no hands planning commission
good afternoon jonathan goins planning commission staff comprehensive plan recommends no change
to the RSA 5 residential single family zoning at this location the property has documented
historical use as a multi-unit building the city planning commission recommends the board grant
the requested variance MI 2025 006 709 101 North 60th Street I vote yes with proviso maximum three
units trash stored inside michael johnson my vote is yes with proviso cheryl gass and my
body chest with proviso tenetta graham my vote is yes with proviso mcadams my vote is yes with proviso
council thank you for your presentation you were you were quick and precise and we appreciate it
thank you i appreciate you guys thank you i know it's the end of the day so i appreciate your
everybody at this table just reacted and said it's not the end of the day
as soon as i said it i got it you're just taking a break so thank you guys very very much
have a good one um if you don't need anything else from me thank you thank you
I know he does. I know. Hillary knows that. I already.
For a point of information, we have one case left from this morning, and as soon as we handle that, we'll then go into the afternoon list.
So, number 16, MI 2026-00627-2250 North 16th Street. Jermaine Harris is the attorney.
Cher, I am allowing him to speak.
This is the end of the focus.
okay mr. Harris are you ready to proceed I am ready to proceed I think my clients
on the uh okay i think they're on the call hi jermaine could you please state your name and
spell for the stenographer sure my name is uh jermaine harris and that's j-e-r-m-a-i-n-e
and uh h-a-r-r-i-s and i am the attorney for the whatley blueprint who are the owners llc who are
are the owners, LLC, who are the owners of the property at 2250 North 16th.
the owners of the property at 22
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
And for a point, we don't have an RCO letter, but there was a meeting. Am I correct?
There was a meeting. There was a meeting on...
On the 14th, and they said they would submit a letter.
uh I got I got a correspondence from them this morning and they said they would send something
but you have submitted a petition that was signed by 71 people that's correct our vice chair has a
few questions yes good afternoon have you submitted your documents and exhibits five days in advance
of this hearing uh yes I have and do you waive the reading of the refusal and stipulate to its
accuracy I do okay thank you you can share your screen and proceed with your case sure
Thank you.
Okay. So this is for the property at 2250 North 16th Street. And what my clients are seeking to do is to legalize a four family for this building.
and what this is is this is a three-story building and this is the front of the building
another angle of the front of the building three stories
and my clients bought the property in july of 2025 and it was designated as a multi-family
they bought it um sight unseen they're they're from new york uh and they thought that this
property was legitimately a four-family a building um come to find out that it wasn't
but this is what was represented to them um when they purchased the property uh in july of 2025
five so this is the posting of the of the zoning hearing notice and the
property is basically was basically a shell I'm going to go through some
pictures just so you can see what the layout is this is the first floor front
room, the kitchen of the first floor, the basement. It's unfinished. It's the first
floor entryway. Walking into the building, going up to the second floor, first floor
bathroom uh second floor front room now this uh just so you know there is the four apartments are
comprised of first floor is a two-bedroom apartment the second floor and i'll go over
this with the plans the second floor are two studio apartments this is what was fitted out
um what it is uh one it's two studio apartments on the second floor one in the front one in the back
um one bedroom one bath and then the third floor is a one bedroom studio apartment
uh this is another uh this is for second floor hallway showing
showing it for the back of the uh the back studio apartment
hallway uh this is a third floor bedroom third floor bathroom
it's the kitchen
why don't you show plans yeah yeah i'm about to get to that right now sure uh let's see here
hold on let me get that sorry i just had those plans up
Sorry, I just had those plans up.
Come on.
Just bear with me.
I just had those plans up.
Oh, one other thing before we get to the plans.
I did want to just make a point that it sent an RSA 5.
zone. But this property, one side of the street, this is 16th Street, one side of the street
is RSA 5. The other side is RM 1. So I wanted to bring that, which is pretty strange, but
I just wanted to bring that to the panel's attention. Wait, hold on. Let me get these
plans. Just bear with me. Oh, okay. Here they are. All right. So again, we have, we have the
basement. Everything is just open with that. No plans for that. Then we have first floor
right here first floor uh bedrooms two bedrooms walk in first floor bedroom then you have the
kitchen living room then you have a bedroom going uh in the rear then you go up the stairs
go into the second floor, which is, excuse me, this is the studio apartment right here
with the kitchen and bath. And then you have the studio apartment, the rear studio apartment,
which is right here where i'm pointing in my cursor uh go through the kitchen bathrooms uh
behind there right here then you have the studio apartment right there
then you have the staircase you go up to the third floor and then that's an open that's more
of an open concept and it's the kitchen bathroom is right here and that's that
that's essentially what we're looking at as far as the plans of this building so
again one apartment on the first floor two-bedroom two apartments two studio
one-bedroom apartments on the second floor front and rear and then the third
is a studio apartment studio apartment let's get back to the to my packets
these are signatures of the nearby neighbors it's a total of 71 of them
Also, I wanted to bring to the panel's attention that there are several multi-units on the
block that are four units, three units, which is attached.
we have the tax clearance and then we have uh evidence of ownership
again property was purchased in july uh july 9th of 2025
and then this is the proof of the proof of mailing along with the uh community meeting
that was held last uh last week so i would like to call my client i think they're still
on the call uh mr and miss mr and miss wobbly uh for the purpose of adopting my testimony
chair mr and mrs wadley will be joining us as a panelist hi thank you
jermaine what what do we think was there before four units you're saying it was four units there
it was before it was this is how it was fitted out exactly as the plans are that's how they bought it
thank you
audio i'm trying to start the audio okay we should can you see us
i'm trying to start the audio okay we should can you see us no okay hello who who wants to testify
my husband will testify sir could you please state your name and spell for the stenographer
conneal whatley c-a-n-n-i-e-l w-a-t-t-l-e-y you swear or affirm to tell the truth the whole truth
and nothing but the truth yes counsel okay so mr wiley did you hear the testimony that i just gave
uh in front of this board yes uh do you agree with the testimony that i have just uh presented
to this board yes okay uh so that means that you adopt what i've just said correct yes as if as if
you are to testify and and you don't necessarily have to but if you if you
have anything that is there anything you want to add to what I just presented to
the board well you don't have to just say pretty much everything you said yes
we agree with everything you said okay and we would open it up for any
Any questions that the board may have for myself or the representative of Wally?
Questions from the board.
What is the trash plan for these four units?
Right now, currently, the old tenants, they have a platform in front of the building
where they take up the whole staircase along the whole front of the building.
So the plan is to take that down and put back and we do the original stairs that is there
now and build a compartment right by the windows to put garbage containers and stuff right
on right on that side of it.
So it could contain the rodents and stuff like that.
So you want to store the trash in the front of the building?
Yes, right on the side.
remove the platform that they have with the staircase and stuff right there from the other
side of the building. Okay. So is there a way that you can find another space to the store
besides being in the front, which presents a lot of clutter and kind of trashing up the
neighborhood? Have that trashy book? Well, I mean, yeah, I mean, right now, I mean, you
know um once i remove that steps that that platform that they have it would be pretty
much right on the side and it won't really cloud it up at all um well yeah i know 16th street
there's an issue with uh the trash in the re in the front so um i would suggest finding another
place to store the trash okay i i i think they would would you consider basement storage yeah
we can do basement because the basement is um gonna be um empty as is just for storage anyway
so we can do the basement i don't know how everybody's gonna have access to the basement
there's a separate access to the basement to the basement in the plans say it one more time
there's a separate access let me pull up the plans but there's a separate access
yeah there's a separate access that everybody can access for the basement okay so and so so
that everybody can access the basement and store the trash in the basement yes from the entryway
okay um i've got a couple of questions um from what i understand um you read in the real estate
listing that this was a quadplex but did can't really hear you that well i'm sorry okay i said
according to what i'm reading here you saw this as the real estate listing said this was a quadplex
correct is that what you were under the impression of that's what we was told yes okay and um but
Did anybody check the zoning records at all? And has there been any effort to look at the records as to the prior use of this property?
I mean, our realtor did check into it, but she couldn't give us a definite for some reason.
Okay, I see. And I guess I'm having a problem with the, well, I'm having a problem with the layout, and I'm having a problem with the number of units.
Well, I'm having a problem with the layout and I'm having a problem with the number of units. I'm not sure because I can't see enough here about the square footage for these units, but it seems to me like that first floor unit is a little overcrowded here with having it being a two bedroom unit.
And I don't understand the second floor layout. I don't understand what a one-bedroom studio is. Studios, I thought, didn't have specific bedrooms or whatever it is. It's a space, and it's got a kitchen, and it's got a bathroom and some space where you can kind of live.
So I'm having a little problem with the terminology. And I just think that it's a kind of overcrowding here of the space. And particularly since it's basically a shell. I mean, it's not like you can actually tell that this was used this way before.
or you haven't, I don't, you're not presenting any kind of records to show that it was ever
used this way before.
I'm having a little problem with the number of units that you're really asking for here.
It was, they did have five meters, four for each unit, which is their existence right
now, which is where we bought it.
Where are they?
the meters let me yeah yeah hold on i'll show the pictures of that okay
because i did i did show that when i showed the basement i believe okay hold on
oh yeah you want past it
yeah there were five yeah they have yeah they have five meters one for each unit
and one for the common space okay all right um i have a question about the backyard it looks like
only the first floor two-bedroom unit has access to the rear yard yes um i mean i think that's
typical but i will say like that's a lot of maintenance of a yard to put on the single
tenant and given the fact that the backyard does have i mean sorry the basement has universal
access to be able to figure out a way to give the entire building access to the
rear yard would be nice to see and I will just state it I know you guys are
from out of town but as a now Philadelphian I think the decision to
get rid of the porch is a terrible one and I would strongly advise doing that
just because that is the context of the community I mean that that would that
was just part of the thought process was to put the garbage but since we could put the trash in
the basement it don't have to be removed um can i get sworn in and say a word
what's that ma'am can i get sworn in and say a word do me a favor please state your name and
spell okay regina watley r-e-g-i-n-a w-a-t-t-l-e-y do you swear or affirm to tell the truth told
truth nothing but the truth i do please proceed okay so the other buildings on the block have
no structure in front no porch so it appears that the previous owners created that porch
and all of the other buildings on each side and across the street store their garbage outside so
we can certainly modify that and store garbage inside the other part of it that i wanted to add
to what my husband said is that all the um there were it wasn't a complete and utter shell there
were there's evidence of that they had the five meters that are still there and also
they had the the front floor the first floor as a as the as an apartment and they had two
apartments on the second floor and one apartment on the on the first floor they were the two
apartments on the second floor were studios the one apartment on the top floor was a studio
and the the two bedroom was on so we didn't change anything from what they had been using
it for and also the part the as our attorney said the property was represented as a multi-family
and um we were told that it wasn't you know uh change converting it that it was a multi-family
when we purchased it and that um when we saw the properties across the street that were also
multi-family um i guess we made an assumption you know that that's a that's another
I guess we made an assumption, you know, that's another thing, but we made an assumption that it wasn't an issue to have it consistent with the rest of the units on the block, and so that's why we wanted to come to the board today to make sure that it is consistent with what's on the block.
and as far as the backyard i i wanted to um clarify um i i know you said something about
access from for other um for other tenants from the back i said to the rear yard so i said it
you know four units is a lot of density in a part of the city where there's not a lot of recreation
space one having one tenant be responsible for the complete maintenance of the of the yard yards
this neighborhood are relatively sizable that to have access for all of the units in the building
to the rear yard would be a nice amenity if absolutely but the um the backyard is pretty
small um and the tenant would not have the responsibility for maintaining that that yard so
uh just um wanted to add that that was not a zoning thing that was just a suggestion oh yeah
while you're here we'll let you know there are properties on your block that have the same
porch setup and that porch setup is typical to that neighborhood in philadelphia so it is not
the only unit of the one the front porch um area because we didn't see any more really
okay okay so i'm sick thank you any other questions yeah i just i just would agree with um
of the other board members regarding the density.
My biggest concern, I guess, of the units
is the one on the first floor.
That living area is really just too small
for two bedrooms.
It just doesn't work.
It doesn't show any furniture.
So I doubt if you could put a sofa or even a love seat
and have a place to eat.
It's really just a kitchen.
So that unit is problematic.
i i guess the only thing i would say uh mr johns is that i i guess you may have a concern about the
two bedrooms but if need be i guess because it's fitted out the way that it's fitted out they may
in fact have to do practically they may have to make that a one bedroom the large one bedroom
maybe yeah all right questions from our attorney not at this time mr chair questions or comments
from this audience to the virtual audience no hands at this time chair planning commission
amy boyd with the planning commission amyboid do you swear or affirm to tell the truth the
whole truth nothing but the truth i do please proceed the property was remapped from rm1
residential multi-family to rsa5 residential single family in 2014 in accord with recommendations
from the comprehensive plan.
The multifamily household living is in character
with this side of the block face mapped RSA 5.
However, the requested variance for four-family
is not the least minimum.
If the property were still mapped R1,
the parcel would allow two units.
The City Planning Commission recommends
that the board grant the requested variance
for a multifamily with proviso max two units.
So MI 2026-006-727-2250, North 16th Street, I vote yes with proviso. Per refusal dated April 21st, 2026, maximum three units.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tynetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Ty Owen, my vote is yes with proviso.
Thank you, counsel. Thank you. Sure. Is there anyone in the audience who had a 930 AM list case?
No chair. I see no hands at this time.
Good afternoon, everyone. My name is Bill Bergman. I will be chairing this meeting of the Philadelphia Zoning Board of Adjustment. With me is our board vice chair, Tanetta Graham.
Present, Mr. Chairman.
Board Secretary Cheryl L. Gaston.
Present, Mr. Chairman.
board member michael johns president mr chairman board member tyah winn president mr chairman and
board member ryan mcadams president mr chairman also here is our attorney uh hillary emerson
and our zoning board director in haggarty and our board administrator lakeisha dandy
a recording of this hearing will be put on the zba website by participating you agree to be recorded
this is an in-person meeting with remote capabilities whether remote or in person
If you're a call to speak, you must state and spell your name and then wait to be sworn in. Once you've been sworn in, once you have been sworn in, please make it a point to mention your name each time before testifying.
if you're a call to speak you must state and spell your name and then wait to be sworn in
any person may enter their appearance to become an interested party there are three ways you can
identify the property address on your zoom webinar you can see a staff member or you can call this
eba website the appearance line by the close of business tomorrow call 267-270-5548 leave a
message then include your email address and also the drop the address of the property of the appeal
case the following guidance is for our remote attendees first when directed you must raise
your virtual hand in order to be recognized to speak second if you are called to testify you must
be must be promoted to join as a panelist once you've accepted that the request will and turn
on your camera once you have accepted third on the webinar q a is for questions about the hearing
do not comment on the q a and fourth if you are participating by phone press star nine to raise
your hand and star six to unmute for in-person attendees please refrain from talking eating or
drinking during hearings verbal and physical aggression will not be tolerated restrooms are
across from the elevator a water fountain is just outside the room to the right
when speaking on the record you must speak directly into the microphone in order to be
heard by all attendees and and the court reporter in the event of emergency please follow directions
that are given in the address system or by the staff the next exit is through the double doors
in the rear the nearest stairwell is to the left outside of the doors in case of an evacuation the
rally point is love park directly across art street please remain there so we can count for
you. Let's look at our schedule for this afternoon. Number five, MI 2025 007533 7000 Caster Avenue.
That case is being continued to 7-8-2026 at 2 p.m. Are there any other requests for continuances?
no Jay I see no hands at the time thank you we're going here's our add-on cases number one
MI 2025 002849 2418 North 29th Street I vote yes with proviso maximum two dwelling units
Michael Johns my vote is yes with proviso
cheryl guest and my booty shots with proviso
ryan mcadams my vote is yes with proviso
ty when my vote is yes with proviso okay number two mi 2025 is zero zero seven three seven seven
fifty six thirty six angola tourists i vote no michael johns my vote is no
Cheryl Gaspin, my vote is no.
Ryan McAdams, my vote is no.
Tyia Wynn, my vote is no.
We're going to go to number 6 for our first case.
MI 2025-007-940-4166 West Gerrard Avenue.
Brandon Savarin is the attorney.
Chair Brandon Severin will be joining us thank you he's right in front of us cannabis
and council we do have a letter of opposition from east parkside
residents association yes
council could you please state your name and spell for the
stonogford yes brandon saverin spelled b-r-a-n-d-o-n s as in sam a v as in victor r-a-n as in
nancy do you swear or affirm to tell the truth the whole truth and nothing but the truth yes i do
um would you identify your client relationship to the property
yep um my client is n a parkside operating llc who is the
My client is N.A. Parkside Operating, LLC, who is the owner of the property, and Nate Tolchinski is the principal, and he's here with me today.
Vice Chair has a few questions, sir.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, Madam Vice Chairwoman.
Okay, and do you waive the reading of the refusal and stipulate to his accuracy?
Yes, I do.
Thank you. You can share your screen and proceed with your case.
Thank you. Let me just get that going here.
Okay. Good afternoon, members of the board. Sorry to hear you had a long morning, it seems.
So I'm here to discuss 4166 West Gerrard Avenue.
um the zoning board heard this same application in 2012 and as i'll go through with documentation
in a minute we believe that the zoning board approved that application at that time
but for technical reasons the permit did not get properly issued so we're sort of back on the same
case today. This is an image of the property in front of you just to give you the lay of the land. We're on the southeast corner of West Girard and 42nd Street. It's a corner property.
And let me go back now.
Now, I submitted 16 exhibits to the board in advance of today which I asked all be included in the record.
Exhibit one is the refusal, and while this is up i'll just sort of go through the highlights of the case, including our hardship argument really quickly.
So the property has six dwelling units. They're all occupied. That is the same physical condition that my client bought the property in in November of 2024.
for. My client applied for a rental license immediately after its purchase and was told by
L&I to its surprise that it could only get a rental license for five units and that L&I considered
the front ground floor unit, despite, as you'll see in a minute, its clear appearance as an
apartment. L&I considered that space to be a commercial space. So there's no question about
the status of the other five units they're licensed and permitted this is all about that front uh
downstairs unit and we're trying to legalize it as a as a dwelling unit and we sort of generated
the two typical refusals for that in the cmx2 district so we have you know the refusal for lack
of a non-residential use along gerard avenue and we have a refusal for the number of dwelling units
given the 1900 square foot size of the property um as i promised to do really quickly why do we
believe that we qualify uh for these variances today i did submit a memo of law at exhibit
four that fully addresses why we satisfy all of the legal standards but here are some of the
highlights um there's no known non-residential use of this space since 2009 at the latest
the planning commission's west park district plan recommends purely residential use of our property
and the entire block and there are no other non-residential uses that we're aware of on our
entire block it just fits with history and with sort of sensible planning recommendation
so moving on from there exhibit two is a copy of the five unit rental license
that I mentioned was obtained right after closing. That's the legal status quo. Exhibit 2A is just a
screenshot of inspections by L&I that occurred because of maintenance issues prior to Nate's
company's ownership. I'm showing you these inspections because they all occurred after 2012,
so after this last came before the board, but before Nate's company bought the property.
All is to say that L&I was in this property many times because of this issue, these issues, and although it issued violations, none of those violations were for unauthorized use of the subject space.
So L&I has been through here. It has never taken issue or issued a violation about the fact that this space is an apartment. It only came to their attention when Nate applied for a rental license. So voluntary compliance here.
um no you know code enforcement or anything like that exhibit three is the rco letter that the
chairman mentioned with my highlights on it we both attended the virtual community meeting it
was a mixed uh set of opinions in the audience um brian harris who's the zoning chairperson of the
set of opinions in the audience. Brian Harris, who's the zoning chairperson of the coordinating RCO, wrote this letter. He did not include a vote count, but he wrote the following in the second paragraph there, quote, I and three other attendees support the residential variances requested.
we don't see 450 square feet, he meant, as big enough to attract a good long-term commercial
tenant. I also noticed there are no existing commercial structures on the block. Every other
building is and always has been residential. Sincerely, Brian Harris. So although you have
a letter of opposition, I got mixed sentiment. Exhibit four is the memo I already mentioned.
um okay exhibit 4a some historical photos 2009 they mentioned this is this is what the space
it's the the front half of the ground floor this is what the subject space looked like in the last
possible moment if they weren't already gone it was used for something other than a residence
there was a church there in 2009 or prior then then an owner um started to convert this to
a residence. So you can see the large windows that used to be there when it was a church,
but that owner came to the board, got approval, we believe, as I'll talk about in a moment,
and then completed this rehab. So you now have six mailboxes, show, you know, evidencing that
there were clearly six apartments by 2012, and the large portions of the exterior walls and windows
had been replaced this is 2019 a few years later but it's a better angle you can see how the windows
are totally different now they're smaller fenestrations uh it's not as sort of commercial
looking it looks like residential windows um you still have six mailboxes here in 2019 different
mailboxes but still six um here's an aerial um okay 2025 now we're in the period of nate's
company's ownership um we have a nice paint job but otherwise from the exterior things are basically
the same um just a view uh from the side on 42nd street a view from gerard this is across gerard so
um both that side and then here is our side of gerard the left of our property again are entirely
residential some parts of gerard have commercial uses our block does not um and then i'll skip
these photos they're really here just to show you we put the posters up floor plan we can come back
to and if you have questions but the highlights are that every floor is divided into all of the
units except the subject unit in the front on the ground level are served by the same egress
staircase which lets out onto 42nd street towards the rear of the building they're all true one
bedrooms i do have photos of the subject unit not the others because they're occupied so there's a
little bit of a tenant privacy issue there but here's the subject unit um it's kind of
self-explanatory but um i think nate you'll correct me in a moment if i'm wrong but i think
it's about 450 square feet um you've got the front door that goes directly out onto that corner there
is the bathroom um okay just to briefly address why we believe the zba already approved this
almost 15 years ago so um before that 2012 case had been brought the most recent permit before
that said one commercial unit one residential unit on the ground floor plus four additional
apartments above so for you know some length of time that was the status then we get to this
case that was filed here at the zba in 2012. two as this record summary says convert commercial
unit to residential and the applicant at that time belgier holdings clearly writes in their
application it's for a six family dwelling two units per floor in the petition of appeal the
applicant says quote the three-story building has little if any chance of finding a suitable
commercial tenant there is no viable commercial tenant that would take the first floor commercial
space end quote and then we get to an approval by the zba with provisos the sole proviso
is plans stamped by ZBA. And that's where things went off the rails. And what I think happened,
I'm going to zoom in a little bit. I don't know whether it was the applicant's fault,
quite possibly, maybe it was an error by board staff at the time. But I think they stamped the
existing conditions plan, because the existing conditions plan shows a commercial area.
Nobody comes to the ZBA, wins, and the result is no change whatsoever.
nobody comes to the zba wins and the result is no change whatsoever that was somehow the outcome
given this stamped plan so something went awry there and there's a lot of indications that the
zba's vote was yes as i just showed you i think it came down to stamping the wrong plan but because
the wrong plan was stamped then l and i took it from there and it really kind of went crazy so
So you have a use permit issued, a new use permit that is exactly the same as the prior
use permit, which makes no sense.
Then you have the examiner apparently retroactively changing the refusal.
I don't see this a lot.
He wrote five units per proviso plan.
Maybe that was more common back then.
But just to say there was sort of like, you know, a lot going on here.
um the the lni was not in my opinion reflecting the zba's intent okay to move on past that and
i'm almost done i promise this is the zoning map you can see the only cmx2 lots on our block are
the corners the rest is rm1 um here are a couple maps from open maps this one is business licenses
So it basically confirms, again, no businesses on our block face.
There is a corner store across 42nd Street from us, but that's it in this vicinity until you get all the way down to the 40th and Girard intersection.
This is a thoroughly rental block.
So this is a map with rental licenses.
You can see almost every property has a rental license.
The dark blue means active.
The light blue means expired.
But they're all rentals right there's not there's not a ton of purely owner occupied buildings.
A couple of pages from the district plan. So to quote the planning commission at the time, quote, the commercial quarter of Girard Avenue has seen steep decline to better meet the needs of residents and visitors.
The commercial uses need to be combined to form a denser commercial node at the intersection of 40th Street and Girard Avenue, end quote.
That is two full blocks away from us.
So basically, the Planning Commission is saying, let's stop mandating that people have non-residential uses in this area at 42nd and Girard.
And likewise, the Planning Commission recommends that our property be rezoned to RM1.
And that comes up on three other pages in the plan as well, which I'll just skip by.
That's it.
The rest is the deed, tax clearance.
I don't have to show you that.
I would like Nate to say a couple words of his own, if that's okay.
Sir, could you please state your name and spell it for the stenographer?
And if you would, get closer to the mic for us.
Nathan Tolchinsky.
It's N-A-T-H-A-N.
Last name is T-U-L-C-H.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel?
Thank you, Mr. Chairman.
Nate, did you hear my testimony in your company's case this afternoon?
I did.
Was it true and accurate to the best of your knowledge, information, and belief?
Would you therefore adopt my testimony on behalf of your LLC as if it were your own?
And are you authorized to do that on behalf of your LLC?
Okay. If you could, as a last act, please just introduce yourself, speak a little bit about how you find tenants for this building, how perhaps trash is taking care of maintenance.
Okay, go ahead.
So thank you guys for hearing our case. This specific building and my entire portfolio is throughout North and West Philadelphia. We do affordable housing. 100% of it's through city funded organizations. This building in particular is comprised of a few different organizations.
can you get just a little closer to the mic yeah yeah yes much better so this particular building
is comprised of uh city fund organizations um so it falls right in line with what we do we'd like
to not steer outside of the box and add commercial if uh you deem that appropriate um and then as far
as trash we uh have a space in the back for trash we do have basement storage that's accessible from
the street for extra storage if needed it hasn't been utilized because it hasn't been necessary to
date but it's out of the you know site of the street and the gerard avenue nate if you know
off the top of your head who are the organizations that you've worked with to put tenants in this
property specifically this specific building we have philadelphia housing authority i believe has
one of the units. And then the other organizations are Horizon House, Mazzoni, which has recently
merged with Action Wellness. And I believe that's it. So I think Horizon House has two units.
um and i believe that's it so i think horizon house has two units pha has one or two units
PHA has one or two.
and then the rest are of his own which is actual wellness that's our presentation thank you so your
request is just there's one unit that the city believes is commercial and you want to take it
residential that's exactly right questions from the board pha wouldn't have a unit you mean you
have section eight you have section eight yeah yeah yeah it's oh yeah yeah right sorry right
yeah it's not a pha unit right thank you questions from our attorney hillary emerson
not at this time questions or comments from the virtual audience or this current audience here
i see no hands at this time chair planning commission
amy boyd with the planning commission the comprehensive plan recommends a change in
zoning at this location from the current cmx2 commercial misuse to our one residential
multifamily the property has a previous permit for five family in a vacant ground floor commercial
use no commercial space is characteristic of this block the planning commission recommends that the
board grant the requested variance for six dwelling units mi 2025 007540 4166 west rod avenue i vote yes
michael johns my vote is yes
Cheryl Gaston my vote is yes
Tanetta Graham my vote is yes
Ryan McAdams my vote is yes
Iowyn my vote is yes
thank you Brandon
thank you guys very much
number one
MI2025
007447
620 West Church Lane
Clemente Amazon is the attorney.
There's a letter of support from the 12th Ward District Committee, Democratic Committee.
My counsel, how are you?
Good afternoon, Chairman.
How are you?
could you please state your name and spell for the stenographer of course clemente amazon that's
spelled c-l-e-m-e-n-t-a last name is a-m-a-z-a-n do you swear or affirm to tell the truth the whole
truth nothing but the truth yes i do would you identify your client a relationship to this
property of course my client is oh i'm sorry i think i'm yeah we're i don't see you yet so
i'm sorry can you hear me i hear you okay i apologize my client is the property owner
church lane llc clemente we don't see you oh no she's there where she is okay yeah she is now
yeah okay oh we don't none of us see her oh she's up on the screen there
well some drawing in uh-oh i see me i promise i'm here yeah she's there
what are we going to be able to see the documents uh
I can share my screen if you'd like me to test it okay all right go ahead and
share your screen share your screen you guys see my screen it's coming up yep okay great okay um
and we went through you you've identified your client a relationship to the property right
yes i did okay our vice chair has a few questions good afternoon have you submitted your documents
and exhibits five days in advance of this hearing yes with the exception of the letter of support
which we received i believe yesterday so that was the only thing that was added to our presentation
we've also included additional photos okay thank you and do you weigh the reading of the refusal
and stipulate to its accuracy yes i do all right thank you you can share your screen and proceed
with your case thank you so much um again my name is clemente amazon and today i'll be presenting
629-31 Church Lane. During my presentation, I will go through the notice of refusal,
photos of the property, as well as the floor plans indicating the existing conditions.
photos of the property as well as the floor plans indicating the existing conditions
as well as the changes that we'll be making to allow for proper traffic flow our streets
department approval letter the notice excuse me the letter that we received from the rco
stating their support for this project the deed tax clearance and overhead views of the property
let me get into full screen mode here so you guys can see this a little bit better
okay so again today we'll be discussing 629-31 church lane so there's a couple things that we
are looking to do here my client owns 601 to 607 church lane in addition to 629-31 it
engulfs a large portion of this block so what we're looking to have is a unity of use to allow
for traffic to flow through the property for pickup and drop off for the daycare and you'll
see through the presentation as we go through the floor plans exactly what i mean by that
um and we also have 629-31 church lane which is where the actual daycare facility will be located
and we did receive a refusal for the proposed use of the child care center as you can see here from
the notes this was previously a school nursery the use has been ongoing for quite some time
you'll see in the photos that it still is inclusive of child care um excuse me inclusive of classrooms
and bathrooms so it has had this use for quite some time the neighborhood is used to be used to
it being used in this manner as well so it won't be onerous or any sort of a nuisance for them
just going to zoom out that we can
move on through the presentation again we did meet with the rco on march 17th and we did receive
a letter of support as you can see here and here we have photos of the front of the property again
this is a pretty large property it's well over 6 000 square feet for the building itself and it's
on a large parcel of land there is photos of the rear here so as you can see there's already some
play area for children again this is a prior existing use and we're just looking to revive
that use so we have a little basketball court a jungle gym and here are just a few more photos
of the rear of the property as it is currently and i apologize for the quality of the posting
photos we had a little bit of issues here but the property was posted in a timely manner
and this is just a photo showing the easement that we're going to be or the area where the
easement will be located um for the cars to do the drop off and the pickup this will make a little
bit more sense in context when i go through the floor plans and the site plans and this is just
a curb cut along musgrave street so for a little bit of context the traffic will flow through along
church lane to the rear which is musgrave here and this is just a photo of that musgrave
exit so here we have the plans for the property again this is a very large parcel so the property
is located right here that 629-31 parcel is located right here for the daycare use there
is an apartment complex that is adjacent that my client currently owns the 601-607 church lane
property and we are going to have that easement that i mentioned before where it flows all the
way through so there will be a drop-off in a pickup area to ensure that there's no issues
with traffic or impact to neighbors as parents are dropping off and picking up their children
again along musgrave avenue you can see here that we have this existing driveway in the curb cut
that you saw the photo of previously that allows for the cars to come through from church lane
through musgrave avenue or musgrave street excuse me when exiting
and here we just have the floor plans again there are several classrooms that we have here
we intend to have about 81 children within this facility we are going to have nadira who should
be on the call just walk through some of the operations and answer any questions in regards
to the operations um the ratios that we're looking at depends on children's age so generally speaking
for infants there's one employee for every four infants for young toddlers one to five for older
toddlers one to six preschool is one to ten and then grade school children it's one to twelve
as you can see we have one two three four five classrooms there is a small kitchen area we will
not be having any cooking that's available on site that would be handled through a third party
parents also provide meals for their children should they decide to do so and here we just have
a few photos of the classrooms as they are currently and a photo of that kitchen area
and a photo of that kitchen area that i mentioned there is no cooking on site
that i mentioned there is no cooking on site so it's
so it's really just that sink area with the cabinet and this is the floor plan for the second
floor again we have several classrooms available here six in total and we have two bathrooms that
are also available and more photos of the classroom area and we have the third floor
which is one classroom there is a little bit of storage here as well as a bathroom
and here's a photo of that third floor
this is the existing site plan as i mentioned we are 629-31 church lane for the daycare itself we
have an apartment building on that easement and the curb cuts along church lane as well as musgrave
street but again part of our proposal is to allow for that easement and the cut to go through so
this is a depiction of the plan or the site as it is currently
we did receive streets approval already for this just zoom out a little bit here
this is a notice that we sent for the march 17th meeting and it was sent on march 5th
our notice of refusal which was included again we are requesting to have the daycare use revived
here um i did mention that we're going to have the unity abuse as well for 601-07 church lane
along with 629-31 we do also have nine off-street parking spaces that will be provided
as one as well as one handicap accessible parking space
A list of the properties that were notified, our certificate of mailing, the application
for appeal, our project information form, as well as the deeds of the 629 property.
I believe we sent over the 601 deed as well for the board's request, and we also have
the easement agreement between the two lots and our certificate of tax clearance and our zoning
maps so with that um if i could have nadira promoted to a panelist in anticipation of
any questions the board may have regarding the operation of the facility can you see
your client's name again nadira burlark okay yeah she's coming back in as a panelist thank you very
much thank you and i also will need to have guy promoted um he's a property owner nadira is the
operator of the facility okay hello can you guys hear me i can could you please state your name
is spelled for the stenographer give me one moment i was i can't hear you very well i had to turn up
the volume can you hear me now yes i can okay uh number one could you turn on your uh video if
possible yes i can give me a moment i apologize my background i am at work hello hi um state your
name and spelled again please my name is nadira burlark it is spelled n-a-d-i-r-a last name is
burlark b-u-r-l-a-r-k do you swear or affirm to tell the truth the whole truth and nothing but
the truth yes counsel um if i could also have guy promoted as a panelist he's the property owner
how do you consider that my testimony thank you guy yes this is guy malul hi could you please
state your name and spell for the stenographer sure my name is guy malul it's g-u-y malul
m-a-l-u-l i am the owner of church lane llc the owner of both properties 607 dash
i'm sorry 601-607 east church lane and 629-31 east church lane all right do you swear or affirm
to tell the truth the whole truth nothing but the truth yes i do counsel thank you guys did
you hear my presentation today yes yes i have thank you nadira when was it and was it true
and correct yes it was and would you adopt it as your own testimony yes i am thank you
with that we'll answer any questions that the board may have sure have you done nadira yet
With that, we'll answer any questions that the board may have.
oh i'm sorry nadira yes um did you hear my presentation today yes i did and was it true
and correct yes and would you adopt it as your own testimony yes thank you questions from the
board yes okay now you've done this before you've had daycare centers a daycare center like this
before yes oh i'm sorry are you speaking to guy malul or to nadir i'm asking the operator okay go
ahead all right oh i'm sorry you're asking me or you're asking guys if you can tell the board
your experience with having daycare facilities please so i am currently the director for serenity
early learning center um i have been in this i've actually been in this field for i want to say
roughly 10 years so i am familiar with the overall basics of running a child care facility what's
required um i'm not too familiar with the zoning process usually that's handled by the owners i'm
usually just the person that's managing everything inside once everything is completed and the center
that you're involved with now how many children are there so our license capacity is 59 at the
moment we have roughly like 42 at in total enrollment at the moment okay so this would be
an increase too you're talking about 91 yes but this is not our first this is not our first
facility we do have another location as well um we do have another location as well okay all right
And then what age children are we talking about here?
So it really depends on which, honestly, it really depends on the children that's being presented.
We're looking mostly for toddlers, preschoolers, and school age, though.
And so you're not helping me here.
I'm trying to get a sense of, you know, how many children are we talking about in certain age groups
because, as you would know, there are different fire code requirements for children that are not considered capable of self-preservation, which is generally like toddlers.
so so we're talking also uh usually they need there's a requirement that there be
a certain number of means of ingress and egress um for those kind of age children so
i'm just trying to get a sense of is this facility set up so that um those kind of um
issues have been considered so it really depends too on the children that are coming into the
facility we can't go based off of the children and we can't really go based off of you know
what's unless we have the children in the facility so i mean we might have more toddlers you know
than we do preschoolers you know it's really hard to say it really determines about the enrollment
Ms. Gaston, if I may, we have our architect on this call as well.
I think he's better equipped to answer these kind of questions pertaining to the ingress and egress from the property and the fire alarm systems that are being installed or will be installed in the property.
Is Bilal around? Can he get into the conversation?
Council? If we could have the law promoted as panelists and in the interim I would just state
that we want to make sure that the property is code compliant so we would make sure that any
children that we do have coming into the facility we're not allowing for them to be over the staff
ratio that's required by the state. Right and I'm not concerned so much about well I am concerned
about the density in some ways but um there are um different requirements um for uh certain age
children and i'm not hearing that we're making the necessary um arrangements for that you know
to tell me that you're not sure of what age children i mean presumably you have a plan for
what age children it is that you are trying to have at this facility, and I'm not telling
you what they need to be, but there are different types of requirements for some of the younger
for some of the younger children because, again, they're not capable of self-preservation. So if you're planning to have classrooms on the second floor with them, that's a problem, you know, and there's generally some extra care that's taken to make sure that there are adequate means of ingress and egress from the property for those because they're more vulnerable.
children because, again, they're not capable of self-prisoning.
so i'm just asking if oh okay i understand so generally so yeah in cases like oh yeah so
generally in cases like that i do apologize um younger top we would avoid from having any type
of younger toddlers or even preschoolers on upper floor on higher floors because of situations like
that um typically they would always be on a first floor that's the most essential area for uh more
convenient for them to get out easy access school age and our older ones would mostly be on the high
on the entire floor so anything upstairs okay uh miss gaston if i may frame this uh discussion
uh in a little bit broader view if i may okay so as i mentioned uh weird what happened to the
architect no no he's right here i was waiting to be sworn sure could you please state your name
and spell for the stenographer sure my name is bilal bakai spelled b-i-l-a-l last name b-i-b-a-q-a-i
you swear or affirm to tell the truth the whole truth nothing but the truth
yes i do clementa you want to take charge of this conversation sure below i have the floor plans for
the first floor here could you just walk us through the ingress and egress and how it is
equipped for children child use and any safety concerns regarding fire sure so
the building was previously used for schooling use so you can see the
classroom layout as is and we have the main entry and multiple forms of egress
so there are two rear exits and a fire stairwell that's been already in place
So, we have, and there are, there is a fire alarm system that's already in place for code
compliance.
All right.
Thank you.
Any other questions?
Questions from our attorney?
None at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands at this time, Chair.
Planning Commission.
Amy Boyd, the Planning Commission.
The Comprehensive Plan recommends a change in zoning at this location from the existing RSA 1 Residential Single Family to RM 2 Residential Multifamily.
The proposed use is consistent with documented prior use.
The Planning Commission recommends that the Board grant their requested variance for Trads to our center.
MI 2025-007-447-629-31 Church Lane.
I vote yes, with proviso. Certificate of occupancy to be obtained.
Michael Johns, my vote is yes, with proviso.
Sheryl Gaster, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
I am McAdams, my vote is yes, with proviso.
Hi, Owen, my vote is yes, with proviso.
Thank you, Counsel.
Thank you, Boyer.
Number two.
Thank you, everyone.
Thank you.
MI 2025-005220.
1517 Solly Avenue. Darlene Treat is the attorney.
Inanimous support from the Ron
Hearst Civic Association.
Darlene Treat has been promoted to panelists.
good afternoon commissioners darling on behalf of the owners just for the records please spell
your name for the stenographer? Darlene, P-A-R-L-E-N-E, Freak, T-H-R-E-A-T-T. Do you swear or firm to tell the
truth, the whole truth, nothing but the truth? Yes, I do. And could you identify your client
in a relationship to this property? My client is the owner on the line today. Her name is
Emiliana Van Jet. Okay. Our vice chair has a few questions. Good afternoon. Have you submitted
your documents and exhibits five days in advance of this hearing yes although the board wrote me a
yes although the board wrote me a email yesterday and asked me to submit
two other documents which i did submit okay thank you and do you waive the reading of the refusal
and stipulate to its accuracy yes i do okay all right thank you you can share your screen and
proceed with your case.
commissioners can you see my screen yep very good okay commissioners i'm representing the owners of
1517 sally street i did submit a package of information which contains the syllabus the
refusal an appeal that property information form general information about the property
the settlement sheet tax information pictures cosmetology license plans community flyer the
community letter a petition of support a meeting summary a letter of support and subsequent to my
original submission the board indicated that i did not submit a deed and at the time i really
couldn't find one but i did submit a settlement sheet so i did submit a bad copy of the deed
they also asked me to submit a interior photo which i uploaded uh yesterday
as well as an additional picture of the posting, which I also uploaded yesterday.
Commissioners, my client, Steve Angetts, bought this property in March of 2025.
five. This property has generally been used as a commercial and residential property in
this community. I'm just going to just show you a picture here. Just give me a moment.
i just really wanted you to see that this property has always been used as a commercial
as well as a residential property prior there was a family dentistry office here
the dentist conducted his business on the first floor and they went upstairs here and
and the family lived on the second floor here.
Currently, my client is trying to move into this neighborhood
and they would like to live on the first floor
and she would like to conduct her business
on the second floor.
So we did apply to the zoning board
to use the property as commercial on the bottom
and as residential on the first floor
and we were given a refusal.
So I did file an appeal to the Zoning Board of Adjustment, the property information form,
general property information.
I just really wanted to show you that although it is a residential dwelling, it is listed
because of its long use as rural mixed commercial residential.
It is a pretty large property.
The whole lot is about 3,881 square feet.
The living space is 2200 square feet.
That's just a settlement sheet showing the individuals bought the property last year.
This is the tax information showing there are no current taxes out due to the city of Philadelphia.
And this is a picture of the property, the first one that I showed you.
Again, it's had the long, long use of commercial use.
again a dentist on the first floor residential on the second floor this is
just a picture of the front of the property again you enter the commercial
on the side the residential you walk up the stairs I got a picture of the two
meters to show that there are existing meters at this property for both floors
here's a side view of a property you would enter the beauty polo right here
that's looking on diagonally across the street I just wanted to give you a picture of what the
area looks like that's another picture of the side street and Sally Avenue as you
That's another picture of the side street and Solly Avenue.
As you can see, it's not heavily populated and there are not a lot of cars.
Parking will not be an issue.
I took a long shot of Solly Avenue to show you that there are no parking issues here.
It's another shot to show you it's not a lot of congestion here.
That's diagonally there is an apartment, a small apartment building diagonally across
the street this is the owner's cosmetology license i'm just gonna enlarge it a little bit for you
she does have a current license which expires in
uh 2028
and these are the plans uh for a sally avenue this is the interior fit layout now we just did
some renderings to show you what it will look like once it's completed we have a little waiting
area here we have a reception area over here and this is kind of like a long shot of what the beauty
probably would look like i'll show you more closely with the plans now we have the chairs
for service over here we have chairs over here for some mail service
and this is a layout i'm with the property as you can see this is the bottom floor you will enter
from the side as you saw in the pictures that i showed you this is a little reception waiting
area excuse me a waiting area over here this is the receptionist this is the
handicapped bathroom over here we have the beautician chairs where they will
provide services over here we have additional chairs where some nails may
be done there is also you can't see it from the pictures I showed you but
there's a side exit to this building you can exit out of this building to the side and go into the
backyard and i'll show you a picture of the yard a little later and we have the color room back
here so this is basically the whole layout of the entire nail salon excuse me hair salon
just another rendering pictures this is the proof of mailing that I sent out this is the
community letter where I noticed a meeting with the community for March 17th 1926
this is a petition which was signed by most of the neighbors close to the property and the
neighbors on Algon Street that was the template by the community that was the
community letter granting support here were the additional pictures of the
front posting and the side posting and this was a interior picture of the
bottom floor uh we need approval before we could uh do the work and that was a picture of the deed
and with that i am here to answer any questions uh anyone may have in regards to the uh
use operation or layout you want to bring your client on uh emiliana would you raise your hand
please
alice emiliana promoted to panelists hello can you hear me i can could you please state your name
and spell for the stenographer emiliana rangelii e-m-i-l-j-a-n-a and last name vangeli b-a-n-g-j-e-l-i
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I swear.
Counsel?
Emiliana, did you hear the presentation that I made today?
And would you say it was true and accurate?
It's true.
Everything is true.
And if you were to testify today, would you be able to adopt the testimony as I present it to the board today?
Thank you, Emiliana.
That's all I have for the listeners.
Questions from the board.
How did the RCO meeting go?
The RCO meeting went pretty well.
We did get a letter of support and basically they felt that the property had always been used as a commercial property and they didn't really see a problem with the continued.
Property, and they didn't really see a problem with the continued use.
Thank you.
There were two near neighbors. How about the next door neighbors?
Two near neighbors voted at the RCO. How about the next door neighbor? Are they fine with it?
I believe the next door neighbor signed the petition of the commissioner.
Oh, good. All right. Thank you.
I did see your petition.
Okay, my questions are, and maybe I didn't hear this correctly. So she's going to use this, the space here that you're showing for the salon and live upstairs?
How is this going to work? Okay.
She and her family, she has a husband and two children.
oh okay all right and then um can i ask what is that little there was a picture what is the little
is that a shed in the back there uh let me flip back to the uh right hand side let's see
I'm just curious, one of the pictures you could see, there was, so Eliana, are you still on the line?
yeah there was there was a picture it's small garage in the back yeah there was a here here
it is right here yes a small garage is is like small it's like a shed small garage small garage
you know you can it's just to put like a stuff from the house maybe we're gonna use it all
All right. So is your client going to work in there by herself? Is she going to have
assistants or others working there as well? Ileana, can you answer that question? How many
staff members do you plan on having? I think I'm going to work by myself and maybe I can
hire somebody for shampoo girls or two yeah like two people around two people
all right and then about how many clients are you planning to
I'm gonna work by appointments sorry is my question or yes okay I won't I I gonna work
with appointments and you know i drive in the morning for my kids and i want to manage even
my family and gonna be by appointments around i can't say the number but around 10 people in the
day okay um so you've been doing this kind of work somewhere yes sure i i've been almost seven
years i doing this work and uh she used to work at the valentina hair salon which has a closed down
and i used to manage her salon oh okay so you have a source of clients yes for your business now
yeah oh all right thank you thank you other questions questions from our attorney um just
like a question the i assume that is a parking space or two the concrete pad that was shown
is is that for the uh residential portion of the building or the commercial portion it's for the
residential uh portion of the building okay all right so i think there may have been a refusal
missed for required parking for the commercial portion i just want to note that for the record
okay so that's very well questions or comments from the virtual audience
i see a name by the name of alice i will promote them to pay me
good afternoon chairman members of the board alice yudovich yes state your name is spelled
for the stodographer house a-l-i-c-e last name is u-d-o-v-i-c-h do you swear referring to tell
the truth the whole truth nothing but the truth i do please proceed the councilman has no objection
to the granting of the variance due to the fact that this property has always been a mixed use
property alice thank you very much for calling we appreciate you're welcome anyone else in the
first one is i see no hands chair planning commission amy boy with the planning commission
amy boy with the planning commission comprehensive plan recommends no change in zoning at this
comprehensive plan recommends no change
location from the current rsa3 residential single family the property was previously used as a
dentist office which is a comparable impact to the proposed hair salon the planning commission
recommends that the board grant their press appearance for hair salon thank you um hillary
first floor only um yeah or yeah or ground you could say ground floor um i think that would be
a little clearer so but it does i mean actually sorry it's this one actually does say on the
refusal first floor with single family above so you actually don't need to specify it's already
on the refusal i don't have to do it no okay it's already on their refusal mi 2025 007
520 1517 solly avenue i vote yes michael johns my vote is yes cheryl gaston my vote is yes
tennetta graham my vote is yes i am mcadams my vote is yes i win my vote is yes thank you very
much commissioner thank you council number seven mi twenty twenty five zero zero seven five five
zero fourteen oh four mcnulty road um john gallagher or is there an attorney in the order right all right
we never heard what the name was looks like we have a hand from a jeffrey scafaria scofferia
Sorry, it may be the counsel. Jeffrey Scufferi has been promoted to panelists. Okay, thank you. That's the attorney. Good afternoon. Let me see if I can get my video on here. Are you the attorney? Yes, I was retained as attorney recently. Yes. Yeah. All right. Jeffrey, could you please state your name and spell for the stenographer?
jeffrey yes good afternoon panel yeah good afternoon could you please state your name
and spell for the stenographer uh yes uh it's jeffrey j-e-f-f-r-e-y last name scafaria s-c-a-f-a-r-i-a
do you swear or affirm to tell the truth the whole truth is nothing but the truth
i do would you identify your client a relationship to the property uh sure the primary applicant is
dmr construction for the sprinklers union um and uh i'm sorry the second part of relationship to
the property yeah that's it do we should shouldn't we have the owner of the property hillary so i
think i think you are representing the owner this the sprinkler fitters union correct they own both
the properties at issue yes i was retained by the applicant but yes i own i will represent the owner
as well okay just to clarify because because technically the the contractor does not have
standing before the board only someone like the owner or a tenant someone with a an interest in
the property so just want to clarify that you are representing the owners it's fine understood yeah
thank you okay um and my understanding to the we're going to have a a corrected refusal am i
correct hillary um yes we we will we will hear this today but we'll need to vote it i think
next week because the refusal there is a it appears that there's a lot line consolidation
that's been requested with this application but it was not included in this scope of work
description and while it doesn't generate any refusals if this is granted and a permit is
issued the scope of work that's on the refusal will inform what's on the permit so we want to
make sure the entire scope of the project is on the refusal so that is a request that the board
will make directly to l and i and ask them to issue a new refusal prior to the board
board voting and that usually happens pretty quickly so we should be able to vote next week
i think mr chair all right okay and and our our vice chair has a few questions good afternoon
Have you submitted your documents and exhibits five days in advance of this hearing?
The applicant submitted the exhibits five days in advance.
A supplement was requested and the supplement was provided.
Great.
Thank you.
And do you waive the reading of the refusal and stipulate to its accuracy?
Thank you.
You can share your screen and proceed with the case.
I also went to the Parkwood Civic Association, 22 in support, right?
I can share the screen.
i should i have a copy of that as well appreciate it thank you sir uh let me just see if i can find
the correct one this one there we go okay uh so the uh the refusal came in um in december uh
There was a original preliminary approval by the water.
There was a original preliminary approval by the Water Department back in July of 2025 prior to submission for permitting.
Zoning refusal came through in December and it went to the RCO meeting.
Looks like it was last week and the RCO voted in favor of the variance request.
The variance request is for a waterfront setback under code section that requires a 50-foot setback.
There is a line of watercourse that varies along the line of the property.
Let me pull up the civil set that was submitted.
Let's see if I can reduce this a little bit.
This is the line of watercourse somewhere in this area.
It's unclear exactly where it is.
The plan identifies what's called top of bank, estimated location of waterway top of bank.
So the measurement occurs from top of bank, not necessarily from the watercourse.
The project manager was out there today looking to get a more definitive measurement for the board.
And it appears as if the watercourse is underground. And that occurs frequently where watercourses are encapsulated in sewers and run that way. So there may actually be no top of bank in reality. So this is an estimated top of bank.
The parking lot is existing.
And as you can see, the line varies from 28 to 34 to 31.
So there's an existing non-conforming use that's been in existence for some time.
And the sprinklers union would like to build a building in this location here.
And the parking lot is basically going to stay the same with one exception of expansion up here for tractor trailer turnaround.
So this part here is new proposed pavement.
And again, it's going to have the same average dimension from that estimated top of bank.
I think one of the features that the project manager explained to me is that this currently drains into, you know, past the boundary.
OK, and they're going to correct that in conjunction with this.
So for Proviso, it would be that the, you know, the surface drainage would be controlled.
And that's part of the project that's been submitted. They're going to be controlling the surface drainage.
So they're actually going to improve the surface drainage from the impervious coverage.
So there's only one small section of added impervious coverage up here, and there would be no impact to the water course.
So that's the conclusion of my presentation.
I would like to admit as a panelist, the project manager, because he has the most detailed information and can answer your questions.
his name is donald raucott i believe donald should be in the audience sure thank you
so hillary we're not approving a building we're approving the water that has to be corrected
before the buildings so so the location of the building is with everyone right um yeah it was
within the the waterfront yep so i don't i don't know if the parking because it says
it has to do with development but it's the i think it's the building that they're adding that's um
and possibly the building is set back more than 50 feet do me a favor please state your name
first it's uh donald raucott spelled d-o-n-a-l-d r-a-u-c-h-u-t do you swear or affirm to tell
the truth the whole truth nothing but the truth i do so why don't you give us a quick overview what's
what what's going on and what you're sorry mr chair it's the expanded parking lot that's causing
the issue not the the building but the addition um is is part of what's being requested along
with a lot consolidation and expanded parking right correct um is there a way that i can show
share my screen as well i'll stop sharing mine and you can go ahead okay
uh donald did you hear the testimony in support of the request for variance
and do you agree that it was true and correct i did would you adopt it as your own testimony i do
okay uh am i sharing i'm trying to share here um we see you but we don't
Am I sharing?
I'm trying to share here.
I see you, but we don't see your document.
How's this?
It should come right up.
How's that?
It's up.
So this is the existing conditions plan right here that was submitted to the zoning.
This is the area that currently I will show you a picture of.
That's this elevated area here in the back that will be cut down and turned into the truck turnaround.
over here to the side is where the current uh parking lot stops and it's exactly the same
location where the proposed parking lot will stop we're just going to take where these parking
bumpers are and add a curb line and stormwater inlets in order to take the stormwater runoff
into an underground basin and manage it as we've been proposing to this uh water department
and that will take all the runoff that's currently going into this it's actually a drainage right
of way so i can show you here's the city drawing of that drainage right away that there's the same
head wall down here that it leads into so we're the top of bank is really the estimated part of
this drainage right of way and like i said we're unclear of where the water course really is so
that's what we have to go on. You take it through some more
pictures here to show you the overview as well. Like I said,
this parking lot is just being expanded in this area. And again,
all the runoff is being captured and treated in underground
retention and infiltration basins.
Back to drawing here, here's this is that a right away here,
you can see 70 foot wide right away reserved for drainage. And
currently the storm water runs into this basin here and then is overflow into the drainage right
of way and all the water from the parking lot drains into this right away and then at the end
it just ties into the city storm water system is the end of it the only thing you could see
in the drainage right away there is an overflow that ties back into another head wall that also
ties into the city right away so this is the end of the line despite um
for the drainage part obviously the water course is shown to have uh
here's a here's a picture of the water course map that shows blade uh uh black lake run that
runs right by the property this is the property here so you can kind of see it on this map
that goes here and then it continues across the street over in this area over here so
I think there's both things exist the drainage right away and the Black Lake run but the
Black Lake run at that area as Jeff has said is appears to be uh underground um and Jeff
showed you this plan it's pretty much the gist of it I don't know if anybody has any questions
okay questions from the board
questions or comments from our attorney
not at this time mr the comments from the virtual audience
yes chair we have alice yukovic yes and she's coming back in as a panel
good afternoon again chairman members you've already been sworn just state your name and
you can start your testimony alice udovich u-d-o-v-i-c-h on behalf of councilman brian o'neill
okay please proceed the councilman has no objection to the grinding of the variance
to this location thank you very much is there anyone else in the virtual audience
i see no hands chair planning commission
amy boyd with the planning commission the comprehensive plan recommends no change in zoning
to the existing i1 light industrial the waterfront setback requirement at this location black creek
run is in place to stabilize the stream rank and reduce and control stormwater water runoff
in order to restore and maintain the city's water resources
along this tributary and downstream in the lower Park Besson Creek.
The appellant has not demonstrated that there are unique physical conditions
or circumstances of the property that would prevent it from being used
in conformance of the zoning code, observing the full 50-foot setback
from the top of the stream bank for the expansion of the parking lot.
The Planning Commission recommends that the board
deny the requested variance for waterfront setback.
um as we talked about we're going to hold the vote on this until there's a
corrected refusal do we have an idea of a date hillary we we could schedule the vote for next
corrected refusal do we have an idea of a date hillary we we can schedule the vote for next week
week it should be pretty quick and then we'll close the record except for that this is closed
we'll look to do this uh we'll talk about an executive session and vote at 2 p.m yes thank
you council thank you that concludes my business may be excused thank you most certainly so we're
this morning eight
mi2025
Montgomery Drive
this is city owned property
S. Lee
S.E. is the attorney.
Mr. Lee has been promoted to panelists.
Thank you.
Good morning, Mr. Board Chair and members of the board.
Could you please state your name as bill for the sonographer, sir?
Sure. My name is Lee Elsie, L-E-E-E-L-S-E-Y.
all right do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do could you identify your client a relationship to the property
yes my my client is a non-profit corporation uh work to ride they are a tenant with a lease
from the park commission of the city of philadelphia right and you also have unanimous
support from windfill heights community organization and there's also a letter here from the city rec
our vice chair has a few questions good afternoon um have you submitted your documents and exhibits
five days in advance of this hearing yes i have and do you waive the reading of the refusal
and stipulate to its accuracy i do okay all right thank you you can share your screen and proceed
with your case thank you i believe it's visible um good job one thing i'll do right away just to
clarify a little bit because we're within fairmount park and uh every step along this process the
address uh has been sort of confusing uh our refusal is is tied to 4115 montgomery drive which
if you look on a map is not the location of the shimoni equestrian center um 98 shimoni drive is
and i'll i'll make that clear um through our aerials in a moment but i just wanted to get
that out of the way right up front so yeah mr elsey i was just going to say for the record i
know when um we have things in in fairmount park like i think an address kind of gets assigned to
it um by ellen i because there aren't specific addresses um that go with some of these with
these parcels in the park so um yeah so we're we're fine and if there's any adjusting that
needs to be made later ellen i will take care of that so um great just wanted to reassure you yeah
we're we're aware of the difficulties so thank you thank you i appreciate that uh my my client
is Work to Ride, a non-profit 501c3 that was founded in 1994. I know Mr. Kareem Rosser is
available to be called up on behalf of the tenant and possibly Ms. Leslie Heiner. I'm not sure if
she's on or not. I also have Alex Rice from Archer and Buchanan Architecture able to join
as well to answer some questions if need be. The refusal we're here to deal with, essentially
we've got a community center use that's been active since 1994 and we're seeking permission
legalize a caretaker's dwelling unit within the building. This is a use that was in the building
from 1994 through 2024 when the building was renovated and added to. At that point, they
realized they didn't have appropriate zoning, they stopped the use, and now we're taking steps
to legalize that previous use, bring the building into compliance.
Here's our aerial view via atlas.
You can see the equestrian center with the green location tag.
We drew a sort of a direct line to the closest residential property,
which is this condominium building.
It's more than 750 feet away.
it's more than 750 feet away.
So this was one where we didn't.
So this was one where we didn't have
a lot of immediate neighbors.
We did notify quite a few of them,
we'll address that later,
but we've got sort of a buffer within Fairmount Park,
which gives the equestrian center sort of a,
you know, a lack of impact on the surrounding areas.
So here is on the left side,
the prior to the renovations,
the historic stable on the right side you can see they've added this this
writing center and they've updated the building mr. rice can address additional
questions if needed I'll just note that if you can see where my hand is here the
area we're talking about is the second story of this building all the way in
the front in this historic gabled part of the stable. It's still there. I've got pictures of
it just for a moment. So here are street view pictures. Again, on the left is prior to the
addition. On the right, kind of same view after the addition. From the street, it doesn't look
like a whole lot's changed because that main riding area kind of set back from Shimoni Drive.
This is sort of a dead end, so no one else is really coming down here unless you're coming
to the stables or turning around here's a a view from february when i visited the stables
another view of the entrance
some of the horses they've got 35 horses always in the stables
here's the new riding center which was recently completed
And this is the existing state of the previously occupied caretaker quarters on the second story.
Has not been occupied again since October of 2024.
We're here seeking zoning relief to bring an occupant back into here.
And as you can see, I think one thing that's already been added, they've already run sprinklers through here.
but until they go through the full building permitting and code compliance review it will
not be occupied obviously this is the first step along that process it's a one unit apartment i'll
pull up plans in just a minute but i'm showing you essentially this space it's got a kitchen
it's got sort of a double level living area it's got a full bathroom it's got tied to the fire
alarms again it's got sprinklers it's got a laundry it's sort of a standalone 740 square foot unit
here's a posting of our zoning appeal poster two additional photographs of it
uh this is the lease it's an agreement of lease dated june 22nd 1994 between the city of philadelphia
the Fairmount Park Commission and work to ride it's a sort of long-term lease
continues on year to year within here we can address any questions if there are
there are some performance and operating requirements and none of which we've
identified are relevant to the we're discussing as I mean the caretakers you
unit we're proposing. Here is the zoning plans that were submitted. Again, we're looking at an
aerial view. This is the large added riding area. This kind of vertical long roof we're seeing is
the historic stables with the caretakers unit in this top part, if you can see my hand moving.
this dashed line I can zoom in if anyone really wants to see it we do have close-up plans that
show it in detail these are just the zoning drawings show that the area that we're talking
about at the moment this zoning application was specifically for the legalization of this one
use on the second floor. Elevations. Okay, now here's our caretaker apartment
floor plan. 740 square feet. As you saw before, bi-level living area for bedroom
and living space, bathroom, laundry. Now the use of this unit, the way they've
used this previously the way they've always used this is for a head riding
instructor to be there at nighttime so they're responsible essentially for a
night check to make sure everything is good with the horses around 10 p.m. they're
responsible for adding water and hay as needed they're there to address any
unusual behaviors exhibited by the horses that may lead to distress or
distress or sudden illness they administer additional medications that may be necessary
sudden illness. They administer additional medications.
they notify leadership of any problems and with with 35 horses underneath a roof you can imagine
you know there can be sort of a draw for kids with fireworks or other types of things that
can be extremely dangerous when you have that that sort of condition having someone
on site has always been their policy.
Let me talk just one moment about the work to ride nonprofit center.
It's a nationally recognized work to ride program.
It's a community based prevention program that aids under resourced urban youth through
constructive activity centered on horsemanship, equine sports and education.
So they offer horseback riding lessons, summer camp, and I think their primary pride is their polo program, which I've come to understand is really something special.
So we had a community meeting on February 19th, 2026 via Zoom.
It was hosted by the 52nd Democratic Ward and the Winfield Heights Community Association.
Because we did not have nearby residential or, I guess, nearby properties, the ZBA identified this strip of approximately 76 properties that we could provide notice to.
Here is evidence of our postage.
So I don't have a meeting summary.
I understand we got support.
I did discuss following the meeting after the vote, there were approximately 20 members in
attendance. All of them supported our application. Here is our application project information.
And just as a reference, I wanted to bring this up to the board. It is part of the Philadelphia
code regarding the maintenance and operation of commercial stables for horses. Now, there's no
requirement in here, but it does have the requirements of a commercial stable do
include that they employ a full-time operator manager. I don't think that requires someone
to be on-site 24-7, but I do think it reflects the fact that this is something that is important
and somewhat within the industry standard.
We have a support letter
from the Parks and Recs Commissioner, Susan Slauson.
They've been engaged with this group
regarding this equestrian center update.
They're long time partners.
They're on very good relationship.
And they're in support of this application.
at this time i would like to request that kareem rossum is right in okay
and that person is now being promoted to panelist chair thank you
good afternoon can you guys hear me hi yes we can could you please state your name and
spell for the stenographer yes my name is kareem rosser uh spelled k-a-r-e-e-m uh last
name rosser r-o-s-s-e-r all right do you swear or affirm to tell the truth the whole truth
nothing but the truth i do please please counsel thank you good afternoon kareem good afternoon
were you present and able to hear the testimony i just presented yes are you authorized by work
to ride as a representative and do you adopt on behalf of the organization as factually correct
to the best of your knowledge my testimony yes thank you at this time on the board good thank you
questions from our attorney
not at this time mr chair questions or comments from the virtual audience or the present audience
here chair i see no hands at this time planning commission amy boy with the planning commission
planning commission amy boy with the planning commission the comprehensive plan recommends
the comprehensive plan recommends
no change in zoning at this location from the existing sppoa parks and open space active
the appellant has shown that there are unique physical conditions or circumstances
of the property that would prevent it from being used in conformance with the zoning code
the planning commission recommends that the board grant the requested variance for household living
MI 2025-007-572-4115 Montgomery Drive. I vote yes with proviso. Certificate of
occupancy to be obtained. Michael Johns. My vote is yes with proviso. Cheryl Gaston. My vote is yes
with proviso. Tanetta Graham. My vote is yes with proviso. Ryan McAdams. My vote is yes with proviso.
I win my vote is yes with proviso thank you thank you thank you council mi 2025 007573
23 27 to 83 common avenue alfred fiscalo is the attorney
there's unanimous support from ronhurst civic association
good afternoon good afternoon council could you please state your name and spell for the stenographer
alfred fiscaldo last name is spelled f as in frank u s as in sam c a l d as in david o
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Do you identify your client and a relationship to this property?
I represent Bucca Derm Management LLC, doing business as the dermatology specialist.
They are a tenant at this property.
And with me on the line today is Mark Seward, the executive vice president of the dermatology specialists.
Our vice chair has just a few questions.
Good evening.
have you submitted your documents and exhibits five days in advance of this
hearing I have there was a supplemental request which was submitted as well
okay thank you and have you do you waive the reading of the refusal and stipulate
to its accuracy I do all right thank you you can share your screen and proceed
with your case thank you
can you see my screen yes sir okay thank you um on the on the board is the uh copy of the exhibit
list which was provided to the board includes the notice of refusal the application for appeal
project information form pictures of posting an aerial of the property uh typical interior
photographs of one of the locations um that the dermatology specialists uh operate in the city
and which will be similar to what is going to be provided this property an interior fit-out plan
a copy of the unanimous support letter from the wrong her civic association a tax clearance
certificate and a witness list and the lease was provided to the board separately this is
this is a property this property is the roosevelt mall and this proposed use is a tenant
at the property operating a cosmetic dermatology practice the dermatology specialist operates
60 of these locations in three states and they have three locations in the city of philadelphia
the use is permitted by right in the underlying ca2 zoning district but because the property is
also within the northeast overlay district um variances is required here's the copy of the
notice of refusal um the appeal form is the project information form here are pictures of
posting of the property
this is a copy of an over overlay of the or an aerial of the roosevelt mall
period just to locate your here's macy's is here here's sprouts and then this purple
line right here this is the location of the proposed dermatology practice um at the property
here are photographs of of similar uh or other locations that the dermatology specialists
operate i believe this is the fishtown location you can see the aesthetic um that they'll be
providing as well this location this is one of the examination rooms not another exam
this is one of the examination rooms
not another examination room here's a layout of the of the space
entering here there's the reception area reception seating
examination rooms along this corridor then an exit and exit in the rear
uh there's the uh unanimous uh support letter uh from the roanhurst civic association
um the use will have commercial uh trash and medical waste pick up they typically operate
from nine to five on monday through friday but they'll probably be including weekend and evening
hours as as the practice increases over time obviously parking is not an issue here at the
Roosevelt Mall. You typically see between 15 to 60 patients a day. This use satisfies all the
criteria for the granular variants under the Philadelphia Zoning Code. It doesn't provide
any adverse impact on the surrounding neighborhood and actually fits quite well within the types of
uses that the Roosevelt Mall provides. I'd ask that Mark Seward be promoted to a panelist so he
can adopt my testimony thank you mr stewart
and he's coming in now and as a panel this chair thank you very much
mark are you here uh yes could you please state your name and spell it for the stenographer
of course mark seward m-a-r-k-s-e-w-a-r-d do you swear or affirm to tell the truth the whole truth
nothing but the truth i do counsel mark you're the executive vice president of the dermatology
specialists that's right uh and were you were you present for the testimony that i provided today
yes and was it uh true and accurate to the best of your knowledge yes it was and do you adopt it
on uh do you adopt it as your own i do i have no further uh testimony or uh for this board
uh happy to answer any questions all right questions from the board
is this like a chain of some sort is that where do dermatologists come from mark
yeah so we we have uh 60 locations across three states and uh the dermatologists we recruit um
you know we have a number of them already on hand we have two practicing in philadelphia
currently and we're looking to add more we are actively recruiting for this location
uh you know it would take us a few months to build out the the office but we are already
interviewing candidates and are very optimistic about landing a couple okay
and then what kind of services are you offering through this yeah we do
primarily medical dermatology so if you think about skin hair and nails you know
common diseases are you know psoriasis eczema acne you know people always have
issues with skin rashes skin cancer is something that we take very seriously you know perform
annual checks and and where needed we refer to a specialist within our practice we also have a
mohs lab which is you know specifically for skin cancer located in philadelphia as well
and you do you actually treat the patients there
uh yes we do okay huh interesting okay thank you any other questions i have a question about the
biomedical waste did you i saw the plane was there like a storage area for that to be disposed or
held until it's made absolutely so we contract with sharps container uh very reputable national
brand. We have Sharps containers, which I'm not sure if you're familiar, but if you can envision
one in the doctor's office, it's a plastic container. It's got a lid on top that is locked
shut. And then our doctors, they drop razors down into the container, of which then we dispose of
on a regular basis. Someone from Sharps comes in and empties these containers and takes them away.
and is that the only biomedical yeah like you're gonna have on site yeah we're not gonna do anything
yeah like you're gonna have on site yeah we're not gonna do anything with um you know anesthesia
or any other type of waste it's just primarily um scalpels blades and and needles needles yeah
exactly okay something to work in health care love it actually i didn't i just we look at these a lot
questions or comments from our attorney i just want to verify this is specifically unit 55 correct
it is it is correct thank you so much questions or comments from the virtual audience
yes chair alice udavich has been um promoted and she's allowed to speak good afternoon chairman
members of the board alice udavich again on behalf of your you're in overtime now you're
in overtime this is your third case here today so yes just state your name and begin your testimony
please the councilman has no objection to the granting of the variances at this location
thank you again um anyone else in the virtual audience no more hands chair planning commission
amy boyd with the planning commission the comprehensive plan recommends no change in
zoning at this location from the current say to commercial auto oriented the proposal is refused
due to the northeast overlay district which prohibits health practitioners offices in this
and other districts in the northeast section of philadelphia at its november 2013 meeting the
planning commission voted to recommend against this ordinance stating in a letter that to then
mayor nutter that it would place an undue burden on residents and others seeking health care
since it would limit care and provider choice in this section of the city the planning commission
recommends that the board grant the request of variance for a group medical practice
mi 2025 007 523 23 27 to 83 common avenue i vote yes with proviso unit 55 only michael johns my
vote is yes with proviso cheryl gaston my boot is yes with proviso tenetta graham my vote is yes
with proviso ryan mcadams my vote is yes with proviso hi owen my vote is yes with proviso
thank you thank you council number four mi 2025 007 531 1026 harrison street alan knockamson is the
attorney there's unanimous support from northwood civic association and a letter of non-opposition
from council person lazada yeah mr goldberg is presenting this i i got it i'm just you know we
don't usually see this i mean mr goldberg's laughing too i mean i alex could you please
state your name and spell it for the stenographer alex goldberg a-l-e-x-g-o-l-d-b-e-r-g you swear
or affirm to tell the truth the whole truth nothing but the truth i do but you identify
your client the relationship to the property my client is jonathan torres he's in the virtual
audience he is the owner and resident at the property our vice chair has a few questions
good afternoon have you submitted your documents and exhibits five days in advance of this hearing
i have and do you waive the reading of the refusal to stipulate to its accuracy
i do okay all right thank you show your screen and proceed with your case
Okay, we'll screen them on here.
All right, can you see my screen okay?
We can.
Okay, so my client is Jonathan Torres.
Like I said, he's in the virtual audience.
This is his first home.
He's in his young 20s.
and he bought this property in 2025. It's got a history of two units and it has two units,
but it is zoned RSA 3 and the proper licenses were either not maintained or obtained by the
prior owners. He bought the property in October. He hired us less than a month later, got right on
it. This application is to legalize those two units. When Mr. Torres purchased the property,
the ground floor unit was already occupied by a tenant who's still there he's honored their lease
and he lives in the unit above you can see here the notice of refusal references this the two
family household living in an existing structure was issued in december and again this is an rsa3
property i will note and you'll see in my presentation that there are many multi-family
properties similar to ours in close proximity and i hope that the planning commission will
and i hope that the planning commission will support this because the 2035 plan
support this because the 2035 plan
acknowledges a proposed zoning of rm1 at this location which would actually allow
four units although we think two is the appropriate number here here's correspondence
from northwood civic association it was a very positive meeting unanimous support
um they appreciate you know his neighbors that had met him you know appreciated him
cleaning up the property. They recognized, like what I just said, that there are other
duplexes in close proximity. That number two on the letter recognizes seven
on Harrison Street and Fillmore Street, which is the property that is directly behind us.
And again, voted unanimously in support. Here's a zoning permit that was approved in 85. This
property has an interesting history um so this shows a dentist office on the first floor and
a second floor apartment there's there was a 1943 permit in the file for two families
in 57 it was a beer distributor plus one family in 59 it was a vacant store plus one family
in 63 it was a beauty salon plus one family and while we see no permits for a recent conversion
to two-family dwelling. There does appear two mailboxes beginning in 2015, 10 years before my
client bought the property, which are a different color now, but they're still there in the same
location. And it's funny, one of the people in the community meeting actually recognized this
address as where they went for their dentist appointments when they were a child, confirming
that this was, in fact, a dentist's office at some point in time. This is the Lower Northeast
district plan i've circled in red this block which is proposed to change to rm1 or some other orange
multifamily zoning classification it's a thousand block of harrison street so you can see we're
right here one off of the corner of large street and harrison street there's a daycare with a
residential unit above excuse me two residential units above there are four duplexes down the block
the other way and then there are three duplexes directly behind us so this little corner here
which the neighborhood agreed with while they they you know they appreciate their single
family neighborhood generally speaking they acknowledge that this this intersection
two unit dwellings are not out of character and here are those rental licenses showing that those
are legal duplexes here's a zoning map you can see we're next to a commercial property
photographs this is the front of the property those two mailboxes here's the notice posting
here's in 2015 you can see those black mailboxes they're white now but
this was being used as a two-unit dwelling as far back as 10 years ago
and beyond here's to the right of the property on harrison street and to the left
Interior photograph. So, as I said, the first floor is occupied and that tenant has remained there. So, that's why there's stuff in that unit. Unit two is where John lives himself.
It has not done any and doesn't plan to do any, you know, significant construction work. Basement, you can see multiple electric meters, multiple hot water heaters.
basic floor plan there is no living in the basement it is just utilities and storage
both units are one bed one baths with small home offices the first floor has access directly to
the rear and john stores his unit his trash in the unit has a good relationship with good
relationship with the downstairs tenant has no interest in removing them there are no violations
on the property my client you know availed himself of this pro of this process to get
the rental licenses to make sure that he was complying with with the code and and paying all
of his proper taxes here's the rco meeting notice we met with northwood civic association on march
17th that notice was mailed out to 103 neighbors application for appeal
deed to the property he owns it in his own name again not a developer he lives there
and his certificate of tax clearance so with that i'd like to call
jonathan to adopt my testimony okay
what's your client name jonathan torres if you're in the audience please raise a virtual hand
and he's coming back in as panelists
and he's coming back in his panelists
why don't you write yours can you turn your screen john yeah you're like that's that's better
you're i thought you're standing on your head there for a minute but that's because
do you swear you guys state your name please and spell for this photographer
for jonathan torres j-o-n-a-t-h-a-n t-o-r-r-e-s do you swear or affirm to tell the truth the whole
truth nothing but the truth yes counsel jonathan did you hear my testimony today yes was it true
and correct yes and you adopted as your own yes thank you questions from the board
questions from our attorney hillary emerson um so quick question there's um no parking at this
property correct jonathan private parking no okay all right so i just want to note because this is
um rsa3 that that wasn't noted on the refusal that there's the parking requirements on that
so just putting that on the record thank you questions or comments from the virtual audience
for the present audience here yeah exactly i want that fish wow um all right um questions or comments
from the uh planning commission amy boyd with the planning commission the comprehensive plan
recommends the change in zoning from the existing rsa3 residential single family to r1 residential
multifamily when the central northeast district plan was adopted the zoning was cmx2 commercial
mixed use it was remapped to rm1 in 2014 in accord with recommendation however in 2017 the property
was remapped to rsa3 the property has a documented history of mixed use and two unit use since at
least the 1940s the planning commission recommends that the board grant the requested variance for
two family mi 2025 007 531 1026 harrison street i vote yes michael johns my vote is yes
cheryl gaston my vote is yes tenetta graham my vote is yes ryan mcadams my vote is yes
All right, I win. My vote is yes.
Thank you, counsel.
Number nine, MI 2025-007-585-2129 Cybert Street.
Alan Notchamson is the attorney.
I mean, you know.
What's that?
but you you you you you do come a great deal um could you please state your name and spell for
the stenographer alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n do you swear
or affirm to tell the truth the whole truth nothing but the truth i do could you identify
your client in a relationship to the property yeah my client is sov investments llc the owner
of the property and then the virtual audience is is one of its representatives dan hershout all
right there's a letter of support from brewery town shardswood um community association um and
our vice chair has a few questions for you good evening have you submitted your documents and
exhibits five days in advance of this hearing yes we have yes thank you and do you waive the
reading of the refusal and stipulate to his accuracy yes we do okay thank you you can share
your screen and proceed with your case all right so this uh the zba heard this matter i believe in
2019 um so 2129 uh seabird street uh is in the brewery town section of philadelphia um during
our presentation you'll see 11 exhibits and again uh dan at the conclusion my presentation
should raise his virtual hand and be sworn in uh this is an rm1 property we're looking to put seven
units here by code we're allowed 6.8 units and as the board nodes knows we have to round downward
not upwards so that's why we need a refute uh permission to get that additional unit on as a
matter of variance. The second refusal has to do with the roof deck access structures. So this is
the same exact plans the ZBA saw in 2019. So there is now an overlay regarding roof deck access
There is now an overlay regarding roof deck access structures, but it's not out of character to have roof deck access structures, well, approved by the ZBA here, but also nearby properties.
structures, but it's
So, again, what we're proposing is not out of character.
So, as you can see from the letter, we have overwhelming support.
We had 80% support by the zoning committee, and this is a very sophisticated community group, the Brewery Townshardswood Civic Association.
And then in addition to that, out of the seven community members that were allowed to vote, six of them voted in support of the project.
And then the history of the property, I just wanted to show you the previous notice of refusal.
So we weren't involved in this project, but when it was originally proposed, it was proposed for nine units.
There was a negotiation to go down to seven units, and that's what the ZBA approved.
They also reduced the size of, well, yeah, they just reduced the amount of units, and then they reduced the height of the building, too, to the allowable 38 feet, you know, which, actually, 35 feet, 9 inches, which is exactly what we're proposing today.
And then I just wanted to show you all the roof decks that are nearby in this neighborhood.
So we're here at 2131-33 Cybert Street, but you can see there's a whole string of properties with roof decks on Cybert, as well as Master, as well as North 22nd Street.
And those are the few properties that are actually developed on that street.
In the maps of the area, we're not taking an RSA-5 property to convert it, at least proposed to convert it to multifamily.
We're taking an RM-1 property, which allows 6.8 units, and we're asking for 7 units.
So that's a de minimis request under the circumstances.
And then photographs of the property.
This is the front of the property.
These are proof of posting for today's hearing in front of the property.
This is Siebert to the street to the right of the property.
By the way, there's a 64-unit apartment building across the street from us.
And this is Ciber Street to the left of the property.
Architectural plans and drawings.
And I actually have Mike Armstrong from KJO Architects who can answer any technical questions you have.
But you can see it's a nice flat building.
Front facade, brick, cornice line, has a nice little stone trim to it.
there is you'll see from the pictures direct access from this five foot wide alley you'll see
that one of the provisos we would ask for is outdoor trash storage in the rear and commercial
trash pickup but you can see this direct access and then you can see from the from the plants
itself to get to the front of the building you go through this common vegetable area this is unit
A, and unit A is a one-bedroom, one-bath. Then unit B is coming from the side alley, which
has its own entryway, and I believe that's also a one-bedroom, one-bath. And then unit
C, which is a bi-level, and then unit C, you come from that common vegetable area, and
you have direct access here. There's also a mail room here. In terms of the bi-levels,
you'll see here, there's a separate set of staircases that go from the rear, from the
basement level, up, exterior steps. So in terms of safety, there is safety there because
these are not egress wells. These are separate steps that lead outside from the basement
level up to the first level. Then if you want to go up a flight of steps, you have units
D and E, and then another flight of steps, F and G. Each of the units have ventilated
trash closets or compactors in here, just as an example is unit E, and they all have
washer and dryers as a separate closet, just giving an example, a unit E. And then there's
two roof deck access structures and that's specifically for the two upper units um you can
see here and we can go back to the site plan we're set back 10 feet from the front rather than the
required five feet in order not to have the building look any taller than it should and then
how we directed the roof uh access structure here we have it so it's not going to be like you know
facing or intruding on the on the on the on the property to the right of us here so how we
oriented it and then this is just uh uh what's it called an uh a side
And then this is just a, what's it called? A side elevation of the property. I did not ask how far we're into the ground. Actually, we're at, we're at level. We're level. So actually the first unit in the front is a type B unit, accessible unit.
um this is our notice uh that we sent to the community we sent it to 71 addresses you saw
it was a pretty well attended meeting proof of mailing to those addresses our applications for
appeal that we filed on sob investments LLC's behalf along with the notice of refusal and the
project information form our deed to the property showing us sob investments LLC is the owner of the
property and our certificate of tax clearance uh with that being said i would ask that dan
virtually raise his hand helen could you go back one minute you said this was approved once before
yes and then it just then wasn't oh yeah what happened is they took forever to get
because of the market conditions it was it took a while to to like get financing by the time they
got fine and they got building they got a building permit too by the time they got to build you know
by the time they got the financing if the building permit ran out on them so that's why we're here
again can you say your client's name again they did not raise it dan her shout okay he's being
and promote an answer, panelists.
Yes, hello?
Hi, sir.
Could you please state your name
and spell for the stenographer?
Dan Hirschout, that's H-I-R-S-H-O-U-T.
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth? Yes. Counsel. Yeah, Dan, you heard everything I had
to state about your zoning matter. Yes. Is it true, correct? Yes. And do you adopt this your
own testimony? Yes. Specifically, you would agree to the provisos of trash stored outside in the
rear? Yes. As well as commercial trash pickup? Yes. And specifically, my testimony regarding
in the previous approval from the zba the this this body approved the same exact plans that
we're submitting today in 2019 yes thank you thank you questions from the board yeah i have a quick
question so um the rco uh decided to forego their own overlay in this case uh for the roof decks i
I mean, that's what the vote has.
I mean, you know, the rationale,
I think they realized that this was previously approved pre-overlay.
And I don't want to speak for them,
but if you look at the surrounding neighborhood,
it's not out of character to have roof deck access structures
on buildings of this sort in a predominantly RM1 portion
of the Brewery Townshardswood neighborhood.
Thank you.
what's going to be the plan for trash and for uh packages so there's a mail room in the front
let me go back and show show you the mail room that was on the first floor yeah it was on the
first floor yeah it's not the biggest mail room how about it's mail slots okay
it's like did i miss a room yeah it's not a room how about it's an open room
i'm not used to being here this late
all right let's see we can arrange that for you no no i think i had all the early ones last week
so uh if you look at right here uh here's the mail slots um and was there another question
yeah i'm gonna put it like this
can you see that it says mail it says mail so it must be mail is there anything was there
another question yeah the trash is stored in the rear
and we have access two ways we can go from here right and everyone has access to it to the front
door I think the more appropriate way would probably be there's a common alleyway of five
feet that everyone has access to and we just come out that way so we have two ways to get in and out
in terms of trash other questions yes my question is where's the hardship here i'm
you're allowed to have six units um what's the what's the hardship that you can't build this
building with six students well i i think the hardship here is the fact about to be the the
Well, I think the hardship here is the fact about the practical realities of being able to finance this.
My client, even with having a variance back in 2019, getting a zoning permit and getting a building permit struggled because of market conditions.
Luckily, those market conditions have improved where they're able now to get financing, even though they're going to have the lesser tax abatement.
you know back in 2019 there was 100 tax abatement on this on the value of the building structure
over 10 years now the effective rate is 55 so it's made it even more difficult but they're not
going to be able to build it with six units we're at 6.8 units that's a de minimis request under the
circumstances so i mean we we want we want property when you when you okay
reasons you've given me so far are about finances well that goes into market realities yes but
that's that's not hardship it is it is about the economic feasibility no i'm talking about this is
you know um a building you you have uh by right you could do six units so
what is it that makes it so and you're telling me if i'm hearing you correctly you're saying
that somehow another if uh there's no financing for this if there's no seven units that's not
a hardship well i would respectfully disagree with that economic feasibility is a factor to
consider with the undue hardship analysis under what hardship analysis this is this is about use
this is not about you know this isn't a a a a a hertzberg analysis where you can take financial
hardship into account um what you're talking about is that somehow another that the difference
between doing this or not is this extra one unit and i'm not seeing how that works
and whatever may have been the conditions in 2019 I mean we're not we're not there
and is this the same person who was trying to do this yes it is yes yes Mr. Hirsch out
I had some testimony or at least I made a presentation regarding the difficulties
you had to get financing
with 100% tax abatement.
And you were prepared to,
you know, you're prepared to do this,
the same exact plans
that the DBA approved in 2019.
With the 55% tax abatement.
Would you be able to get financing
if there were only six units versus seven?
Honestly, I'm not sure.
It's still very tight,
you know, with the bank guidelines right now.
Well, we would have to revisit everything with the bank again.
We have been working on this for quite a while, based on the seven units.
And a few years ago, we were hit with elevated interest rates, very strict bank guidelines
coming out of the whole COVID situation.
And now we've built up some momentum, but I'm not exactly sure that it would work with
even though it's really just one less unit it does make a significant impact to the you know
to the bank thank you so what's the square footage we're talking about here well we're talking about
one unit here which is i mean you're probably looking at anywhere from so you make the other
units a little larger what's the i don't again i don't i don't understand why this is a supposed
hardship here. I don't think making a unit more is going to actually make, you're not going to
have a dollar to dollar thing. The numbers are tight. Developers in Philadelphia are struggling
given market conditions here. We're trying to develop a piece of land here. And I think we're
doing it responsibly because back then they were seeking nine units, which is more variance from
the Philadelphia zoning code they agreed to do seven we're required we're allowed to do 6.8 we're
not taking an RSA 5 property taking an RM1 property you're asking for 0.2 okay I think
i think thank you i know both sides of this uh our attorney hillary emerson
I think thank you I know both sides of this our attorney Hillary Emerson
um i do not have any questions mr chair questions or comments from the virtual audience
come on
good afternoon sir could you and porter pull as close to you as you can no problem
Good afternoon, everybody.
Could you please state your name as Belford's sonographer?
My first name is Desmond, D-E-S-M-O-N-D.
My last name is Shannon, S-H-A-N-N-O-N.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you a neighbor?
I'm the owner of 2127.
That's the property right next door.
Please proceed.
I just had a question because just the background on me.
I lived in property since 2017.
My parents owned the property and sold it to me in 2021.
i i don't know what rco means but i was at that hearing or whatever it was community meeting
in 2019 when they did propose the nine units with one uh i guess low income that was not low income
rent rates um my concern there uh just living in the property is uh trash being thrown out
over the roof uh and then the the trash being stored in the back um with that garbage stored
there for a uh apartment building i can't enjoy my backyard uh so if i know back then i proposed
maybe putting the trash on the far i guess the left side of the building i don't know i guess
west side of the building and they refused to do that i thought that i didn't know that the uh
zonings were approved in 2019 that's news to me I just thought everything was
you know discontinued and then the lot was being mowed by one and not the other
so I thought the plots were broken up so my question to the owner in the the
lawyer is just one what what demographic are you targeting because we are in
Charles Wood, which is near Temple. And then there's a lot of young people who like to party,
stay up late, things of that nature. So with the rooftop deck entertainment, a concern is just
objects being thrown off of the roof, or my roof, and then also ended up in my backyard. And then
also, why not have the garbage stored maybe inside on the basement or something like that?
yeah so um let me answer the question the my understanding through this project that this is
not for student housing and i would ask that you know dan is is this meant for student housing
no no not at all yeah so the way it's configured these are one all one and two bedroom apartment
um they're not meant for student housing um in terms of the trash typically you know we do try
to store the trash outside in closed containers i do believe that if you look at the floor plans
there is a utility room that's rather large in sides in the basement area yeah um i we could
agree to store the trash inside typically most people want it outside but we have the ability
that all the residents have access to the trash a lower level which have utilities so if the board
feel so inclined to put a proviso trash stored inside in the basement uh we would we would agree
to that and then in terms of the deck like i said you know this is for people that live in
the neighborhood not for students so you know from experience any lease would include rules
and regulations regarding conduct which would include about the deck do all residents have
access to the roof decks no only only the two upper units so again that would be less of an issue
if you had more all of them having the roof decks um but we would agree to a provisor of trash
stored inside and it's commercial trash pickup too so we're not just relying on the city trash removal
thank you thank you sir no problem all right um anyone else in the virtual i'm sorry one more
question i'm sorry just parking um is that a concern by the city or whatever because with
the additional people um oh yeah we look at everything okay all right thank you um
anyone else in the virtual audience
no hands at this time chair any commission
Amy Boyd with the Planning Commission.
The comprehensive plan recommends a change in zoning at this location from the existing
RM1 residential multifamily to RSA 5 residential single family.
The additional acquired lot area for the proposed 7th dwelling unit is under 10%
The additional required lot area for the proposed 7th dwelling unit is under 10% of the required area and is therefore considered de minimis.
However, for roof decks, the appellant has not shown that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance with the zoning code.
The Planning Commission recommends that the Board grant the requested variance for 7th dwelling unit and deny the requested variance for roof deck.
Can I just shortly respond?
briefly respond to the just in terms uh it confirms you know what i stated about the the
density um it is a de minimis request as far as the roof deck um they even noted that typically
they're against you know having roof deck access structures there but given the history of the
approval by the zba as well as having roof decks with similar properties in the surrounding area
we would respectfully request that the board grant that variance as well thank you so what i'm going
to do is we're going to vote this next week next uh wednesday at 2 p.m we'll vote uh and we'll take
this to executive session on wednesday morning all right thank you very much thank you very much
Thank you.
Number 10. MI 2026 000 766 828 824. I'm sorry, North Second Street. Augusta O'Neill is the attorney.
There's a letter of support from Northern Liberties and a letter of non opposition from Council Member Young.
good afternoon good afternoon counsel uh could you please state your name and spell before the
stenographer sure my name is augusta o'neill a-u-g-u-s-t-a last name is spelled o apostrophe
n-e-i-l-l you swear or affirm to tell the truth the whole truth nothing but the truth
i do could you identify your clients in their relationship to the property
Sure. My client is Selkie Lee. She's in the audience this afternoon. She is the president of the lessee entity for the property, which is Genesis Baker's No Lib Inc.
Okay. And you have two people sitting here in the front row.
Selkie is going to be the witness because she's going to be the operator.
Vice chair has a few questions.
Good evening. Have you submitted your documents and exhibits five days in advance of this hearing?
I did.
and do you waive the reading of the referral and stipulate to its accuracy i do all right
thank you you can share your screen and proceed with thanks so much um and apologies my voice
sounds terrible i uh thought i was coming down with something so rather than appear in person
i decided to be remote this afternoon um good afternoon again members of the board uh with me
this afternoon as i stated earlier selkie lee she's the president of the lessee entity um she's
be the operator for the proposed bakery at this location at 824 north 2nd street we are proposing
a bakery in an approximately 3600 square foot space on the first floor of this mixed-use uh
building the building has 78 multi-family units above and that commercial space is
going to be below. The property is zoned CMX 2.5. Included in my exhibit package were some interior
pictures of the space. As you can see, it's just waiting for a fit out. The proposed bakery that's
going to be going into this location is known as Two Le Jour. It's a Korean bakery franchise that
specializes in French-Asian-inspired baked goods. They primarily serve cakes, coffees, drinks,
specialty pastries. They sell cold brew coffees, matcha lattes, unique items such as guava danishes.
Another thing that you might see if you're on social media that's fairly popular are their
cloud cakes. I did include a sample menu in my exhibit package, but I won't labor the board with
going through everything that I provided. They do have a very extensive menu.
Its name translates to all the days, in case you're wondering what to Le Jour meant.
There is one other to Le Jour in University City in Philadelphia. That's the only other
Philadelphia location. It is a very fast-growing franchise. Everything that they bake is baked
on site, so nothing is made in an off-location warehouse and brought to the cafe. Instead,
everything is going to be made at that 2nd Street location.
Their hours of operation are going to be from 7 a.m. to 8 p.m. They hope to be able to open
Their hours of operation are going to be from
in late August of this year or September. They are going to have 7 to 10 employees who
will be working each shift. They recently entered into a 10-year lease for the space.
They do intend to hire a local when they're hiring employees. They're only making interior
changes to the space. They're not making any changes to the exterior. They are going to have
signage on the building, but the signage that they're going to propose is going to be code
compliant. Included in my exhibit package at page 17, I did provide a copy of the proposed floor
plan for this location. Just to increase it, this is going to be 2nd Street. As you walk in,
there's going to be a number of display cases the point of sale is going to be off to the right
there are going to be a number of show cake showcases so they will have pre-made cakes
they also have cakes to order and other pastries etc they have approximately 50 seats at this
location so as you can see there's quite a few seats shown throughout the throughout the floor
plan. They do have a trash room. There is a back of house area where they're going to have walk-in
freezers, a walk-in cooler, and an office. They also have a commercial oven, which is going to
be that type one hood, as you can see on the plan. It's going to have a commercial grade ventilation
system so that it will extract all the grease vapors the smoke and and the heat
from the building with respect to deliveries everything is going to be
delivered to the front to that North 2nd Street location they do anticipate
getting deliveries only in the morning the deliveries are mainly going to be
just the ingredients for what they're going to be baking on site. They are going to have trash
pickup three times a week as well. With respect to the relief that we're here this afternoon
requesting, included my exhibit package was a copy of the referral that we received. The referral was
for the eating and drinking establishment, the sit-down restaurant, which was the type of use
that we have due to the number of seats and the fact that they're making everything on site and
customers are expected to eat it on site that qualifies as a sit-down restaurant in the nca
commercial overlay neighborhood commercial overlay district we are required to obtain
special exception relief for this kind of an application
with regard to the special exception criteria in philadelphia i would submit to the board that the
proposal for a bakery at this location the two leisure bakery would not result in overcrowding
the land or burdening of the public facilities. It wouldn't impair the use of any adjacent
properties or present a danger to public health or safety. We did meet with the RCO for this project,
the Northern Liberties Neighbors Association. They did, I'm sorry, they did provide us with
letter of support which was in my app my uh my exhibit package um as you can see they wrote to
the board to indicate that they did support the application it was as it was presented to them
um we met with them in in march of this year so um at this time i would like to call forward my
client silky lee she's i believe she's actually already sitting there um yeah she's sitting right
in front of me could you turn the mic on and then pull it really close to you all right all right
could you please state your name and spell for the stenographer selkie lee s-e-l-l-k-i last name
is l-e-e right do you swear or affirm to tell the truth the whole truth of nothing but the truth
council good afternoon selkie did uh miss lee did you have a chance to hear the my testimony
this afternoon yes was everything that i said true and accurate yes is there anything that
you would like to add to the board or would you like to just adopt my testimony as your own
uh everything you said was correct and true okay um members of the board if there are any
questions we'd be happy to answer them sure questions from the board yeah quick question
what's the square footage of the restaurant so the square footage of that space is about 3600
square feet and um what was what what was the venting can you go back to the plan yeah absolutely
it's a type one hood is what's indicated on the plan
it's a type 1 hood
is what's indicated on the plan
sorry i'll scroll out a little bit yeah and then and then how is that vented how is that
going to be vented is it vented through the building is it vented how that's it's my
understanding it's vented through the building um but miss lee if there's is that your understanding
as well how are you going to vent the something through out the back and it's going to have the
scrubber so it won't have any grease so it goes through a scrubber first and it goes out the back
okay and what's the now you said bakery so it's a bakery and restaurant i'm not familiar with
the restaurant so i don't know what's that so it's a bakery but in the code because it's got
But I think in the code, the maximum you can have for a takeout is four seats.
And most of the applications I've had for a bakery, it's been qualified as a takeout restaurant.
But because it's got approximately 50 seats and the intent is that everything is going to be baked on site, everything is going to be consumed on site, that puts us in the category of a sit-down restaurant under the code.
Gotcha.
Thank you.
Other questions?
So is this an expansion or like this is another site for you guys to operate?
So, I'm sorry.
So this is actually the old, so Selkie is going to be the franchisee for this particular location,
but it's my understanding that Ms. Lee is not affiliated with that university city location.
All right.
Thank you.
Thank you.
The university city location is going to be our second location, actually.
It's not open yet. Oh, I got it. So you'll eventually, you'll eventually open that out there. Okay. All right. Thank you. I wonder, and I was like, no, I know that there's an open. Okay.
Other questions, other questions, and then you're gonna, the idea is that there's not gonna be any, um, uh, distribution, shall we say from this bakery to the other side, or how is that gonna work?
so because the university city location is our second location we're going to distribute this
distribute to that location okay it's only between like if i own this location so i got
only stores that i could distribute to okay all right um but i do think that this is
And how are you going to, when you do this, how are you going to do this?
You're going to use trucks, you're going to use vans.
How are you going to transport the goods from the one location to the other location?
We were planning to use like a small van.
Yeah, just a small van.
I don't think it's going to be a truckload.
all right thank you all the questions questions from our attorney hillary emerson
um yes miss o'neill is this um is this the entire like ground floor or is it a certain unit
on the ground floor so it's not the entire ground floor it's my understanding that there's a second
unit i believe the second unit is over here um so your next question i'm sure is going to be what
the unit number for this particular one is um and i will have to pull up a copy of the lease
yeah i mean if it's not on the lease i think we just say ground floor okay just to specify
where it is because the way the refusal is written it sounds like the whole prop the whole structure
so i think even just saying if if it's one of two i think just saying ground floor
is fine if there is not a specific unit number so okay
i'm sorry was there a question pending for me oh yeah no yeah sorry i thought you were checking
the lease oh um i don't think i have a full copy of the lease um let me stop sharing so why don't
we use ground border yeah is that right that's yeah i think that would be all right so mi2026
000 seven oh wait yeah we've been planning oh i'm sorry i'm sorry this is go ahead
um if anybody in a virtual audience would like to testify for this
If anybody in a virtual audience would like to testify for this case, can you please raise
your hand now?
Chair, no hands for this case.
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change in zoning at this location from the existing
CMX 2.5 commercial mixed use.
The appellant has demonstrated that the proposed use will not cause detrimental impacts beyond
what would reasonably be expected.
The Planning Commission recommends that the Board grant their request a special exception for eating and drinking established.
MI 2026, 000766824, North 2nd Street, I vote yes, with proviso, ground floor only.
Michael Johns, my vote is yes, with proviso.
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
ryan mcadams my vote is yes with proviso hi i win my vote is yes with proviso
good luck thank you thank you thank you thank you so much
is there anyone in the uh audience whose case has not been called from the two o'clock list
chair there's no hands all right we're going to take a five minute break
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this
meeting of the Philadelphia Zoning Board of Adjustment. With me is our Board Vice Chair,
Tanetta Graham. Present, Mr. Chairman. Our Board Secretary, Cheryl L. Gaston. Present,
Mr. Chairman. Board Member Michael Johns. Present, Mr. Chairman. Board Member Ty Wynn.
Present, Mr. Chairman. Board Member Ryan McAdams. Present, Mr. Chairman.
also here is our attorney hillary emerson our zoning board director anne hagerty
and our board administrator lakeisha dandy recording of this hearing will be posted on
the zba website by participating you consent to be recorded this is an in-person meeting
with remote capabilities whether remote or in person when you're called to speak
you must state and spell your name and then wait to be sworn in once you're sworn in please state
your name each and every time that you testify any person may enter their appearance to become
an interested party three ways you can identify the case property address on your zoom webinar
you can see you can you can see a staff member or you can call the zba appearance line by the
close the business tomorrow call 267-270-5548 leave a message that includes your email address
and the address of the property of the case the following guideline is for our remote attendees
when directed you must raise your virtual hand in order to be recognized to speak
if you're called to testify you will be prompted to join as a panelist please accept the request
and then turn to your camera the q a is for questions about the hearing do not comment
on the case in the q a and finally if you're participating by phone press star nine to raise
your hand and sar sticks on you let's look at our schedule for today
number one 615 alberger avenue mi 2023 006 038 this case is continued until august 26
2026 at 3 30 pm chair um that continuous should be attorney moving party oh okay i'm sorry
i don't have that all right so that alberger street is attorney moving party
number two is attorney moving party two okay no 1447 west cayuga street mi 2025 006 623
that case is continued till august 26 2026 at 330.
3336 North 17th Street, which is MI 2025 006634. That case is continued until 7-8-28 at 3-30.
7-8-20-26, I'm not sure.
Yes, that's, yep.
And then, let me hear.
1108 Hawthorne Street, MI2025-00666.
MI 2025-006-6733, that case is continued until 526-26 at 9.30 a.m.
Oh, I think that's supposed to be 8.
8, yep.
Yes, 8.26 at 9.30.
No, I don't think so.
I think he, I think Ian gave me that.
um miss miss dandy is that is that i have uh eight um so he might have got the wrong date yeah
i'll go for it but i thought that's what he came in and told me he was yeah we yeah just
in the because he didn't he didn't make it 3 30. yes we have 9 30 because there's so you went at
8 26 26 at 8 30. at 9 30. 9 30. yeah all right thank you mr share case
stay with you
number two
you see number seven
seven is first
a regular list number seven mi 2025 007 536 12 48 north front street rachel pritzker is the attorney
This is a letter of unanimous support from South Kensington, a letter of support from
Fishtown Kensington, and a letter of non-opposition from Council Member Young.
and rachel pritzker should be coming back in as a panel thank you
hi how are you we're we're uh doing great could you please state your name and spell for the
stenographer yes rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r you swear or firm to tell the
truth the whole truth nothing but the truth yes you identify your client in relationship to the
property yeah so my client is james herman on behalf of uh kfn holdings llc and our
vice chair has a few questions good evening have you submitted your documents and exhibits five
days in advance of this hearing yes and do you waive the reading of the refusal and simply to
its accuracy yes thank you you can share your screen and proceed with your case thank you okay
trying to just make this bigger okay
can you see my screen yes okay if you could make it a little larger yep
this is 12 48 to 50 north front street
um here's the refusal for the project um this application is just for the erection of an excess
accessory projecting sign above the second floor windowsill with static illumination the sign is
accessory to the existing sit-down restaurant which has been in place for many many years
and the only um refusal that we generated was because the maximum height of the sign
has to be lower of the roof line or the second floor windowsill whereas where we're proposing
it is above the second floor window cell this is the application our appeal
we did have a meeting with the art commission and we have approval
conditional approval pending the zoning hearing for the projecting sign
project information form tax clearance the deed for the property
this is the aerial view of the zoning map for front street it's a corner property right on
front and thompson streets
aerial map as well so you can see from here
the l goes right across french street and then west thompson street
on the left side of the property this is the zoning posters
some exterior
some exterior photos as you can see this is kind of a unique um property it's the home of uh kung
fu necktie which is a well-known sit-down existing restaurant in the fishtown neighborhood
the outside of the building has a couple unique features with you know various roll down windows
and the door a mural on the building in addition to sort of some ornate brickwork
And then also has existing window conditions and the L. So based on the exterior of the property, placing the sign, which you can see here in this image right here, which is already on the property.
So this legalizes that. Basically, there's no other location to really put it below the second story window.
so there's some piping that runs here you have the mural as well and then you have sort of the
existing features with the brickwork and the awnings so based on the code we'd have to kind of
orient the sign pretty low or potentially remove some of the awning or the window work and also
obviously cover the the mural so given sort of the uniqueness of this in addition to the l
which kind of makes it a little bit difficult to see kind of any signage this location given
the murals the windows the awnings and the L is kind of the only location where it has any real
visibility for pedestrians you know going by or people in their cars and also is out of the
you know corner of the property or off some of the other features or too low that it wouldn't
be visible. This is just another better close-up of the sign. Not very large, not really in
the way, but allows for a little bit more visibility of the building. Again, another
photo here. Just from this view, as you can see, the L is pretty close to where the property
there's not a whole ton in the right of way as well so putting it here kind of keeps it outside
of all of that also this is just the portion of the code cmx3 can't have any illuminated signs
and you can't have them within higher than the second story window cell we met with
south kensington community partners which was the coordinating rco the 25th of february
We sent out the required mailers.
And as mentioned, they offered a letter of support, six votes in support, zero in opposition.
We also have a letter of non-opposition from the Fishtown District and a letter of non-opposition
from Councilman Jeff Young's office.
you also got letters of support for from some surrounding near neighbors 1300 202 north front
street right across the street 1247 to 53 north front next door 1246 north front
um and as mentioned have um approval from the for the led sign as well
from the art commission pending the vote of the zoning board of adjustment here are the sign plans
here's just a rendering of the site
and then some more details about the actual size location dimensions of the actual sign so not a
very large sign, not really in the way. You need to kind of match the building and we'll
be situated where you see in this photo. If I can bring my client on, James Herman should
to be in the audience.
Do we see him?
Their hand is not currently raised.
If you're in the audience, please raise your virtual hand.
no hands chair rachel you're an officer of the court we will take your testimony questions from
the board yeah question so um with the second do people reside on the second floor
um i'm not sure if people reside on the second floor
um and i guess my question would be if they if they number one if they have any issue
because with the sign like reflect in their windowsill as when it's lit
um i can look that up in a second
she does she i i asked her the first question
rachel could you call see if you can get them online
Thank you.
Hey, it's Rachel. Can you get on the Zoom link for the...
I don't know how I can connect. I don't know what to do. Somebody has to send me something
to connect or something. No, you just have to raise your hand. Are you in the virtual
audience you on your phone or on zoom okay um you have to just raise your hand on zoom and then
they'll promote you not giving the option oh wait pinch out for a bigger piece you should have the
ability to raise your hand i see auto setting i see audio settings at the bottom and it says
cat meeting seat there's no what what name are they under what name are you under
my name i don't know what name on the bottom left of where you're on it you should see if it's a
name or a phone number rachel could you want i mean you're an officer of the court could you
ask them what's on the second floor yeah so they're just asking is there any residents on
the second floor of the building that would be bothered by the sign no the the owners live up
there okay yeah so they have no issue with it yeah okay any other questions yeah what are the
hours that the sign would be illuminated what are the hours that the signs usually illuminated
seven till well it would be seven to midnight seven a.m to midnight monday no seven p.m sorry
seven p.m to midnight monday through thursday so essentially at dusk it comes on
and then 7 to 2 a.m on fridays and saturdays i was like what about when you're open late okay
and does that mean that so like this summer would it be till 4 a.m when the time gets extended
they're not pursuing that with fifa he said we're not pursuing that okay all right no
all the questions from the board
questions from our attorney not at this time mr chair questions or comments from the virtual
audience no hands chair planning commission amy boyd with the planning commission the
comprehensive plan recommends a change in zoning at this location from the existing cmx3 commercial
mix used to cmx 2.5 the proposed sign was granted under gp 2024 00 8516 the planning commission
recommends that the board grant the requested variance for sign high mi 2025 00 7536 12 48
to 50 north front street i vote yes michael johns my vote is yes cheryl gaston my boot is yes
tenetta graham my vote is yes i am mcadams my vote is yes iowen my vote is yes thank you thank you
Thank you. Thank you. Council number 5.
council number five
And my 2025, 0, 0, 7, 3, 2, 5.
850 North 2nd street, Michael Gennard is the attorney. Michael.
Gumbed is the Gumbel is the attorney.
There's a letter of support from Queen village.
Neighbors Association and a letter of non opposition from Council member school.
michael gumball please accept the promotion to become panelists
he's coming back in as a panelist now chair
hello i counsel how are you could you please state your name and spell it for the stenographer
Yes, Michael Gumbel, M-I-C-H-A-E-L, last name G-U-M-B-E-L.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client in relationship to the property?
Yes, so I am actually the owner of the property and the applicant, as well as generally practicing an attorney.
Our vice chair has a few questions.
Good evening. Have you submitted your documents and exhibits five days in advance of this hearing?
I have.
And do you waive the reason of the refusal and stick it to its accuracy?
All right, you can start with your case.
Thank you.
Okay, are you able to see the screen?
Mr. Chairman, members of the board, thank you for having me today.
My name, again, is Mike Gumbel and I am the owner of the property 850 South 2nd Street.
This property is located in Queen Village at the corner of 2nd and Christian.
It's a CMX2 property that is commercial on the first floor and then it's got two apartments
up on the second and third floor.
The commercial aspect of it is where I have my law office and my real estate office and
then the second and third floor are again apartments. What we're essentially doing is
seeking a renewal of the visitor accommodations license. We applied several years ago and were
granted a three-year temporary variance on that and it's now come up for renewal again so we're
seeking to renew that as well as originally I had only sought the third floor because the second
floor was occupied. The second floor has since been vacated and we've remodeled it and so we're
looking to extend the visitor accommodations into the second floor as
well exhibit a you've got the refusal again we're not making any dimensional
or construction changes to the property everything's going to remain the same as
far as that goes it's really just seeking a use accommodation for visitor
accommodations. We have the application, the PIF form. Exhibit D is the 2022 permit where the
visitor accommodations was granted again on a three-year temporary proviso.
We have the deed.
Exhibit F is the Tax Clearance Certificate, which was not included in the original exhibits.
However, I was able to obtain it today and I did upload it to the exhibit website portal.
Exhibit G is the posting back on March 26th of the signs for the ZBA hearing.
and then here we have photos of the property itself so as you'll see here on the first floor
we have the entrance to my office there's a separate entrance to the apartments
that just directly goes into them so the right of my property is lucky's last chance it's a bar
restaurant in queen village and to the left of my property is java coffee company again a local
business in the neighborhood so i'm surrounded by other businesses on both sides and up and down
the street next to the bar is a gym and then there's several other businesses north of that
here you can see the actual building itself
you can see this is a pretty busy intersection at the corner of second and christian
but again most of the properties themselves surrounding are commercial
Next, you'll see a couple pictures of the inside of the third floor unit.
Next, you'll see a couple pictures of the inside of the
It's a one-bedroom apartment, so it's not a large place.
We don't accommodate a lot of people in it.
And then this is the second-floor apartment that, again, we're seeking the variance for
as well.
This is also a one-bedroom apartment, it's a smaller apartment, so the usage would be
much less than the third floor here just by example is the Airbnb posting that
we've had for the last several years this is for the third floor apartment we
have a strict guideline where we don't allow anybody to come in and just book
automatically so if they want to book with us they have to send us a request
and tell us why they're coming in and we only allow people that have five-star
reviews. We don't want people coming in for parties. We don't want to disrupt the neighborhood.
We want people that are coming in that are going to take care of our place and be respectful to
the neighbors around us. Generally speaking, most of the people that are staying with us
are people that are coming to visit family and friends who live in Queen Village, Society Hill,
Bella Vista. So they want to be close to them so that they can visit them in a, you know,
walking to their house and not having to deal with parking and whatnot in Center City. They
want to be in a local neighborhood environment when they're staying in
Philadelphia. You can also see we have all five star reviews, guest favorite,
super host, top five percent at home. So I think we've done a good job of really
trying to promote ourselves as a great place to stay, a clean place, a respectful
place, and I think that bears itself out in the reviews that we have.
Next, we have the letter of support from QVNA, and after that I also just included the letter
that went out to the neighbors as well as the first page showing the certificate of
mailing for the surrounding neighbor letters. I think my only request is that
QVNA in their letter they asked for a two-year temporary. The original one was
for three years. I would request a longer variance than the two years because it
is quite onerous and expensive to have to go through this process every couple
years. As you know the process itself takes about six to eight months to get
through so essentially if i were to get a two-year then within a couple months i'd have to start all
over again so it's my request because we have a good track record here that we'd be given a longer
variance if there's going to be a sunset on this and with that i'll open it up to questions
yeah and they have to call for the owner i mean go ahead go ahead well questions from the board
why should your comments from our attorney yes okay so
have you ever rented these for like long-term rentals or why is that not an option here
so originally when we purchased the building i mean the building itself was quite expensive i
tried to get long-term rentals that would justify the mortgage and the capital improvements that had
go into the building and I couldn't get rents that were sufficient to allow us to pay the bills and
utilities on the building. In addition, in the last several years, there's been massive development.
So right across the street, there was an apartment building that went up with 42 apartments. So the
competition for apartments has also gotten quite onerous and competitive. And with how old this
building is, and again, the amount of improvements that would have to go into it, I simply just can't
compete. But I also feel that we're providing a service to the neighborhood and to the city
because, you know, again, a lot of people who come and visit, they don't necessarily want to stay in
a hotel in Center City. They want a comfortable place where they can stay at. And I think that
the apartments that we have and the services we provide are valuable to them. They're valuable
to the neighborhood into the city and let me let me just clarify so you want to extend
the temporary variance that was granted for the third floor and you also want to now have a
temporary well you want to have a visitor accommodation on the second floor is that
um on the second floor is that correct correct okay all right thank you all the questions
Correct.
not at this time mr chair are such a comments from the virtual audience
i see no hands chair planning commission amy void with planning commission the comprehensive plan
recommends no change in zoning at this location from the existing cmx one commercial mix use
The appellant has not shown that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance with the zoning code.
The Planning Commission recommends the board to deny the requested variance for visitor accommodation.
MI 2025 007-325-850 South 2nd Street.
I vote yes with proviso.
Temporary variance expires 4-23-29, second and third floor only.
Michael Johns, my vote is yes, with proviso.
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Ryan McAdams, my vote is yes, with proviso.
Ryan, my vote is yes, with proviso.
Number six, MI 2020.
Thank you very much.
Thank you, counsel.
MI 2025 007 335 801 Selmet Street, Henry Clinton is the attorney. Selma Street, I'm sorry.
In a unanimous support from Somerton Civic Association.
Good evening, Mr. Chairman, members of the board.
Could you please state your name is spelled for this stenographer?
Sure. My name is Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, a relationship to the property?
Sure. The two clients, husband and wife, their homeowners, Gilberto,
or Dinez, O-R-D-O-N-E-Z, and Arceli, A-R-A-C-E-L-Y, Cordova, C-O-R-D-O-V-A.
Our vice chair has a few questions, sir.
Good evening.
Have you submitted your documents and exhibits five days in advance of this hearing?
I have, Ms. Graham.
Thank you.
And do you waive the reason of the refusal and stipulate to its accuracy?
Thank you.
You can share your screen and proceed with the case.
Mr. Chairman, again, good evening on behalf of my clients, husband and wife, homeowners
of this single family home.
This is a request for the removal of an interior parking space, which is a garage, and then
replacing that parking space with a parking space outside in front of the house.
When I show you the photographs, it'll become clearer.
These are my table of contents. Refusal A1 to A10, which I ask to be admitted. And here's refusal. It's an RSD3 zoning district. Removal of one accessory off-street interior parking space, i.e. a garage, and then an accessory off-street parking space in front of the garage, which is typically done in this neighborhood in Northeast Philadelphia.
As Chairman mentioned, RCO, letter of support, 50 in favor, zero opposed.
Somerton Civic Association.
Photographs, this is Busselton Avenue.
This is Tomlinson.
So it's in Northeast Philadelphia.
A closer view, it's a corner lot.
And so typically the homes in this neighborhood have a garage that some people park in, others converted into, you know, storage, maybe a family room.
And you can see there's a number of areas.
And I actually have particular addresses on the street and surrounding streets where this is done on a routine basis.
So this is my client's property.
As I say, it's a corner lot.
just another view looking at the front and right here this was a garage and now it's a storage
area and i have interior photographs too this is looking at the property from the north this is
down the street 800 selma you can see this they've converted their garage into some type of a habitable
space or perhaps just unheated space 809 across the street excuse me on the same side of the street
Same thing, double doors into what was once the garage and parking on the outside.
into what was once the garage and parking on the outside this is the interior it's not going to be
a bedroom though we really the concern at the community group was whether my client was trying
to make this into a duplex and not really doing this doing that in any way more interior photographs
postings of the signs here's the plans again this this is the site on the left hand side
Different views of the property.
It's a four-bedroom home.
These are additional homes in the area that are doing or have done what my client has already done.
This is the site in the shaded area.
This is one of the properties I showed you.
That's F.
That's 809.
E is another property across the street.
808 has the same situation as does the homes on Burgess Street.
and also lakes per street right around the corner.
Turning radius, we do have streets approval,
which I will show you, in and out of the property.
Streets approval right here.
We also have an accompanying letter.
So instead of parking inside the home,
the family will park on the concrete pad,
which is in front of the property.
Streets approval.
Remaining documents are the typical documents you'd see, PIP form, proof from the tax center
that taxes are upstanding and paid, zoning map, again, RSD3 zoning district, deed indicating
ownership, my clients purchased it in 2023, notices that went to 48 pieces of mail to
the surrounding neighbors and neighborhood and as you can see that the the meeting was well attended
so we're not impacting anyone's light or air development of any properties it's in conformance
with what what other neighbors are doing in the block just adding additional storage space space
to the property and we are not parking on the street it is an off-street parking situation
just instead of being interior it's exterior um so with that i'm going to ask my client to
unmute herself uh shelly are you on the call i just i just spoke to you you can raise your hand
by pushing that button or pointing to that button i wish her calling his name because i have
her shelly she might be calling under m-a-r-r-o-q-u-i-n-n okay yes she's being promoted now to
Shelly hi Shelly good evening me there we go hi how are you good could you please state
your name and spell for the stenographer yes my name is aracely is a r a c e l y
the rest of it cordova a c o r d o b b d a okay um do you swear or affirm to tell the truth the
whole truth and nothing but the truth? Yes. Counsel? Hi, Ms. Cordova, how are you tonight?
Good. How are you? Good, good. Good to see you. Did you hear the testimony that I gave on your
behalf concerning your home? Yes. And if you had the opportunity to testify, would you adopt what
I said as your own? Yes. And would you consider that true and correct? Yes. Thank you.
questions from the board
question do we see okay all right no I just wanted to see so are we gonna where
where is the is there a garage door or are we yes so where my cursor is here this was a former
garage door and now there's a it's already been converted correct correct all right and then
what's inside so inside is stores it was going to be a gym they have a 22 year old son who lives with
them uh but i think those plans are by the wayside right now i think maybe planted fitness is in
there in the cards. Pretty good at me. Okay, thank you.
okay thank you questions or comments from our attorney not at this time mr chair
question or comments from the virtual audience yes chair we have alice udovich
all right alice this is your last one
thank you chairman Alice Udovich U-D-O-V-I-C-H on behalf of councilman Brian O'Neill
the councilman has no objection to the granting of the variants thank you very much thank you
good night everyone thank you thank you of course question or comments from planning
Amy Boyd with the planning commission the comprehensive plan recommends no change in
zoning at this location from the current RSD3 Residential Single Family.
The appellant is seeking to legalize the removal of a garage and parking in the required front
yard, which was done without the benefit of permits.
The appellant has not demonstrated that there are unique physical conditions or circumstances
of the property that would prevent it from being used in conformance with the zoning
The Planning Commission recommends that the Board deny the request of variance for parking
in the required front yard mi 2025 007 335 801 selma street i vote yes michael johns my vote is
yes cheryl gaston my vote is yes tana graham my vote is yes mcadams my vote is yes iowen my vote
is yes thank you mr chairman thank you want to comment one other point i just wanted to thank
the administration for giving everybody a heads up uh when our cases are being called it's very
convenient for the clients as well as the attorney so hats off to uh well that was that was all in
i think in left a couple minutes right a good old baseball game yeah ian i'd love to hear that henry
thank you so much thank you all right number eight mi 2026 007 792 754 north 44 street
Meredith Berliger is the attorney.
Last but not least this evening, Mr. Chairman.
Could you please state your name and spell it for the stenographer?
Meredith Berliger, F-E-R-L-E-G-E-R.
do you swear or affirm to tell the truth the whole truth nothing but the truth yes i do
so this is a reconsideration hearing um the evidence and testimony presented at the january
28 2026 hearing in this matter are incorporated in the record and the hearing on reconsideration
the scope of this hearing is limited to the presentation of supplemental evidence and
testimony only. The way we have this is you're going to give us your presentation. There'll
be questions from the board. There'll be public testimony and then planning.
Absolutely no. Just give us a short overview of what happened and what's different.
No problem. And Mr. Chairman, just to correct, the address is 753 North 44th Street. I think
you said 754. So just wanted to make sure for the record that's clear.
We have 753. All right, we're good. We have seven. Okay, excellent.
All right, Mr. Chairman, members of the board, as I mentioned, I'm here this evening, evening on behalf of 42nd Market Associates, LLC, which owns 753 North 44th Street.
With me today, I have Brahimengladen, who's a member of the LLC, and we do also have the
architect on the line, should there be any additional questions. As the Board knows,
this Board granted reconsideration and rehearing concerning its previous denial of this application.
I will give a brief reminder of the case and will then share the updated plans for your consideration.
I did include in the exhibit packet updated tax clearance, as well as zoning poster compliance at both, respectively, Exhibits 2 and 16.
Just to refresh your memory on this case, the bookmarks, the proposed development sits at 753 North 44th Street in West Belmont.
This property sits on North 44th Street, which is between Brown Street to the north and Aspen Street to the south.
which is between Brown Street to the north and Aspen Street to the south.
As included at Exhibit 9, which was before the board the last time, the project was previously
permitted back in 2021, but the entitlements unfortunately expired while my client was at
the same time pursuing relief for the immediately adjacent lot at 755 North 44th Street. There were
of some unfortunate timing issues stemming from an intervening remapping that created an inconsistency
in the permit timeline for these two immediately adjacent lots. Despite the fact that this particular
project had been permitted prior even to my client purchasing the property and while it was
still zoned RM1. And again, those permits are up on the screen for reference. Just as a reminder,
the community was supportive of this zoning relief request, and just by way of reference,
I did add this time around at Exhibit 18, the permits issued for 755 North 44th Street,
which followed the Board granting relief for that project in January of 2024, so not all that long
ago. Here, during the original hearing back in December, the applicant was simply looking to
re-entitle the identical project that does remain approved on the immediately adjoining lot.
Now, during the hearing in December, board members expressed two primary reservations.
Both of those concerns were addressed and included with the reconsideration request
that this board was gracious enough to grant. First, board members expressed
reservation that the project at 753, by association also 755, did not
aesthetically match the newer adjoining properties to the north, bring that up,
which directly adjoin 755. So just by way of reference, 753 that's before the
board is shown with the arrow immediately next door 755 and the properties that were used really
as the aesthetic reference are immediately next door to that at 757 and 759. Although the design
concern in this case was not necessarily raised in 2024 when 755 was before the board, the current
sense was that the proposed new construction should better align with the character of the
other newer structures. Although the applicant would very respectfully have no obligation to
modify 755, which was already previously approved, the applicant did note in its reconsideration
that it has always been the intent and would be most efficient and economical to build two
identical projects. And therefore, the proposed renderings that are included at Exhibit 6 will be
replicated at 755 as well to ensure that there is a uniform facade across both of the new properties.
These new renderings show that a partial front porch and overhang have now been added to better
match the character 757, 759, North 44th Street. And again, these already complement the existing
front setbacks that already exist. Furthermore, just again for better reference, we did render
753, 755, as well as 757, again, just to try and show how this revised design does better harmonize with the character of the existing structures.
As I mentioned, the architect is on the line and can share any additional details on the aesthetic characteristics that are necessary.
The second concern surrounded the interior layout, specifically the second and third floor proposed two bedroom units that the board opined were too small to comfortably fit in that layout.
A revised set of floor plans, let me get rid of that for you, a revised set of floor plans is
shown up on the screen at Exhibit 6, which now provides for one 1400 two-bedroom unit on the
first floor and lower level and two 700 square foot one-bedroom units on each of the second and
third floors. In addition to the removal of the two-bedroom layouts on the second
and third floor, the rear stairs were also relocated to the side to remove
The rear stairs were also relocated to the side to remove intrusion into the rear yard
area, which directly fronts on Palace Street.
As we noted in our request for reconsideration, in addition to the multitude of hardships
that we presented to the Board during the first hearing, which we submitted grant relief
for the three dwelling units. This property is only one of two remaining vacant lots between
Aspen and Brown Street. And I can show on the aerials that condition.
This development in conjunction with 755 next door will further contribute to the revitalization
of this block in accordance with community planning and encourage further investment
into many still existing dilapidated structures further towards Aspen Street.
Now, again, unless the board requires refreshment of all the arguments presented in December,
I will again just summarize the hardships that surrounded the previous zoning authorization
for the project that did unfortunately expire, robust community support for this proposal,
unique physical conditions of the property, such as the intervening rezoning post-purchase,
significant multifamily character of the block, and a uniquely situated property that is ripe
for added density due to residential uses only sitting on the west side of this block
and the fact that the property has dual street frontage, which further accommodates efficient
trash storage light air and open space as always i did include the full reconsideration petition
and the previously submitted memorandum of law as well as all of the originally submitted exhibits
for reference and of course i'm very happy to walk through any specific details if necessary
so at this time i would ask uh if brahim if you could raise your virtual hand so that the chair
can swear you in okay
do we see him i see him a couple times actually raheem
yes i'm here oh state your name and spelled for brahim i gladden b-r-a-h-i-m is my first name
last name is i-g-h-l-a-d-e-n all right do you swear or affirm to tell the truth the whole truth and
nothing but the truth yes i do uh brahim just to confirm you are an authorized member of 42nd market
associates llc the owner of the property correct yes i am and just again to to reaffirm what i've
said here today uh if the board is to grant this request you will mimic and copy the aesthetic
changes that are before the board today for the immediately adjacent property at 755 as well is
that correct absolutely and otherwise it is the intent to be building two completely identical
of the board today.
And you've heard all of the testimony and evidence that was offered in front of the board today.
Would you agree that that testimony was true and accurate and would you adopt it as if you had provided it yourself.
Happy to answer any questions.
Questions from the board.
Yeah, I have a question.
So while I appreciate going back to the drawing board, so to speak, to try to match the continuity of the block, the block has full porches and the renderings that I witnessed did not have full porches.
So I'm not seeing how that is keeping the continuity of the block, which was an issue I think that was raised.
So respectfully, board member, this block does not have a continuous look.
So I think it's a little bit confusing because these are not full porches that are next door.
These are, I guess, what you would refer to as sort of partial porches, and that's the condition that is thought to be replicated.
Full porches are not characteristic of the immediately adjacent.
Go further down the rest of the block and you'll see full porches.
Understood, board member.
But again, during the first hearing, these were the ones that were really the focus of a lot of discussion, especially because of the condition of many of these properties.
So if I want to let potato, you still see full portrait.
So the person that made the comment that is actually not true.
I was talking about the rest of the book.
Yep. And then my other question is, so is there another design for two units that would
Yep. And then my other question is, so is.
be available?
Board member, yes, we do have another floor plan for two units.
But again, as we expressed in our reconsideration petition, there is already a three unit approved
immediately next door.
And so, I don't know, Farheem, if I could ask you, in terms of the constructability of building one three unit and one two unit, if you could try and address sort of the efficiency of that particular option.
I'm sorry, the second part of the question, the sound goes back and forth.
I don't know if it's my computer.
two devices on it's when because when you speak there's an echo so i think you have
two devices on so just make sure one of them is muted
can you still hear us i'm sorry sorry sorry i think i think you have two devices on and so
no i have just one just my laptop on the front of my laptop there's some echo somewhere
yeah and I have just one device okay try to ask the question again
so Brahim the the board member questioned a potential two-unit design and I was hoping
you could just explain the the downside of essentially having a a two-unit uh building
here uh when there is already a three unit approved immediately next door that that's
the question okay so um the way i i'm looking at it if i uh got a three unit since we use the second
and a third uh units to one bedrooms instead of two two like it was before and one of the
board members last time he um he thought that they were very like tiny small um so if i do this
uh as one bedroom each in a second and third floor or i do a duplex if if i end up doing a
duplex it's going to be a bi-level second and a third floor so i'm going to go back again to
to um two bedrooms uh maybe on the third floor and then leave the second floor as a kitchen and
living room so as far as density it's going to be the same income wise probably
will be the same construction cost I just thought maybe it's a great idea to
give an opportunity to a young couple or even a single person to get his own
one-bedroom apartment versus two bedrooms but again board members with
with respect we won't defer to the board's uh you know judgment um you know certainly we're
we're in front of you that is absolutely uh an option but again this did receive full community
support um uh it you know like i said it is approved immediately next door not all that long
ago and and really the conditions for this property are are identical to that one so uh
you know again respectfully we we would request the the approval for three units but we again
would defer to the board's judgment on that so i i think what we'll do is we'll we're going to hold
a vote right we'll vote next week and we'll have a discussion among the board about where we want
to stay with this yeah i do i yep i do just want to make one comment about the porches
and i i understand the board members and i had comments about the porches too
but the fact that you did match the pha redevelopment home ownership units in terms of the
portico porches i think works in my opinion because they're right next to it and i understand
that it doesn't match the rest of the block but unfortunately the pha units that we did didn't
match the rest of the block but they do have press a nod to a nod to the porches so so so i would say
that's because they had a a great foundation of building on design in that place that's what
there was a nod there was a nod to the porches so so with in that regard i think moving in that
direction if you can make the even maybe maybe your portico's bigger maybe could be you know a
bit more significant but but i appreciate the fact that you did begin to match what was the newest
development for home ownership that the authority did so yeah it's it's a challenging block there
Yeah, it's a challenging block. There is not one clear aesthetic to match. So this, you know, again, is sort of good faith effort to try and pick what is the newest and would look the most consistent.
There's not, there's not one clear.
Right, right. Just exactly where you are. So, yes.
Does anybody else have anything you want to add?
Questions from our attorney?
Not at this time.
Questions or comments from the virtual audience?
No hands at this time, Chair.
Planning Commission.
Hi, Chair.
We have nothing to add.
Pardon me?
Oh, I said we had nothing to add from the previous.
Thank you very much.
We'll vote on this next week, 2 p.m. I'll vote,
and we'll discuss it at the executive session on Wednesday morning.
Thank you.
All right.
Thank you, and thank you for staying so late.
Thank you so much.
Thank you so much.
anyone left in the audience whose case has not been called
no hands chair thanks everybody uh we we uh i think we got through a lot of work today
not not a bad time either not a bad time here