there's two people with the hand raised.
Jack Henley with the sand raised.
All right.
Bring Jack one first.
Which one?
Jack Henley or?
Yeah, please, please.
Mr. Halei, please unmute yourself and wait to be sworn in, sir.
Hi, could you state your name, please, and spell for the court reporter?
Is he there, Jason?
He's there, but he's still muted.
Well, I see, I do see Jack O'Hara, who's the president of Greater Busselton.
Why don't we get Jack O'Hara on then?
His hand raised.
Okay, I understand.
Mr. O'Hara has been allowed to speak.
Okay, Mr. O'Hara, state your name, please, and spell for the court reporter.
yes uh jack o'hara o apostrophe h-a-r-a you swear for him to tell the truth the whole truth and
Yes, Jack O'Hara, O apostrophe H-A-R-A.
nothing but the truth i do proceed sorry jack i didn't know you were i didn't know you were on
the call but i was sorry i didn't i didn't mean to i didn't mean to uh you know cut you out
not a problem uh you know the the you saw my letter it was a close vote
And, you know, after the presentation, we heard, I heard a lot of feedback from the community who was opposed to that request with the fear that we were setting a precedence for this type of conversion.
And the community's opinion seems to be that they do not wish that to occur.
Thank you.
thank you for calling in too certainly sean do you want to respond uh yeah mr chairman uh you know
given the site it's on bustle avenue it is a it it is a commercial district um you know despite
the fact that it's owned uh you know industrial um you know and i know what these folks are going
through whether it be bustleton or somerton uh you know with that ups or uh whatever it is that
that facility that's going in at the old bud plant slash, uh, Island green, uh, that property
is actually zoned, uh, I, you know, industrial and, um, and, and, and they have, they have a
fight on their hands for that, but, um, you know, God forbid something like that was on bustle
matter. Um, so, um, I, you know, in, in, in the alternative, uh, we would ask the board to grant
a five-year temp or probationary, uh, variance, uh, given the fact that the first terminal lease
is five years with an option to renew and uh you know we see how it goes but uh that that that is
all we have for the board today and we you know we understand you know the concerns of the councilman
certainly who i you know i've worked i worked on his first campaign brian remember that and uh um
and uh you know and you know uh bustleton is a uh it's a very good community group and they they do
a very very good job uh in you know monitoring development in their neighborhoods so thank you
sean uh planning commission this is uh ron bednar city planning the first name ron r-o-n last name
bednar b-e-d-n-a-r do you swear for him to tell the truth the whole truth nothing but the truth
i do proceed comprehensive plan recommends no change to the medium industrial zoning for this
location. The applicant has failed to show a hardship exists that would prevent the property
from being continually used for industrial. The applicant has already received permits for
industrial-related activities, including warehouse and distribution. The addition of retail sales
of commercial goods is not strictly necessary to enable the applicant to make a viable use
of the property. Therefore, the City Planning Commission recommends that the
board deny the variance. Thank you. MI 2022-002-161-9800, Busselton Avenue. I vote no.
Carol Tenere, my vote is no. Thomas Holliman, my vote is yes. James Snell, my vote is no.
thank you chair as you fell off a little bit there this is the reporter i'm sorry i did not
hear that vote i know we're trying to get him back on john ish try to get back on
no okay thank you yes yes we'll hear you better now thanks okay thank you
MI 2022-001-816-6808-Lincoln-Drive.
Alan Nockamson is the attorney.
I understand we do have a letter from the RCO.
After this case, we're going to take a quick break,
and then we have a short list we'll go through for the 330.
What number is that, Mr. Chair?
the one i'm on now is uh eight okay gotcha mr knockamson uh yes uh good afternoon mr chair
members of the board alan office of knockinson you've already been sworn could you identify
your client and the relationship to the property uh yes alan and elissa cherny the owners of the
property okay um our vice chair has a few questions and mr nockamson do you agree to
Hi, Mr. Nockamson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
waive the reading of the refusal and stipulate to its accuracy
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, in all respects, we actually have a letter of support.
Okay, great. You may proceed and share your screen.
Thank you very much.
Again, my name is Alan Ockerson, PC. Along with me, I believe online is Alan Charney.
At the conclusion of my presentation, he'll adopt my testimony, and then we can take any
questions from the board. This is a pretty straightforward project. These are homeowners.
These are not developers. They live at 6808 Lincoln Drive, and all they're trying to do is
add on to their garage structure that's at the rear of their property to essentially create an
in-law suite where Jane Journey will be living because they have a growing family in Philadelphia
and they want to remain at the property in Mount Airy area. So during my presentation, we'll go
over the notice of refusal, the correspondence from West Mount Airy Neighbors, Inc., which is
the coordinating RCO for this matter. Again, the neighborhood unanimously supported this project
and that's why we have a letter of support from this group uh we do have a revised plans so we
submitted uh to counts at cba's council hillary emerson a zoning board of adjustment revised
proviso form which my understanding she did review uh if this board should grant our uh
zoning variance request we ask that they grant it with proviso including that additional page
of revised plans we also have letters to support from nearby neighbors so the property owners
to the left of us to the right of us and behind us all who would be directly impacted by the
renovation of the garage structure and the addition support this project we have letters
to support from that maps of the area photographs of the property surrounding the area our plans
and drawings, our meeting notice showing that we did meet with the community, our application
for appeal, our deed to the property showing attorneys to own the property, and our certificate
of tax clearance showing that they're in good standing with respect to real estate taxes.
Notice of refusal, this is an RSD3 property. Currently, there's a single family structure
in the front, and you'll see from the pictures, there's a garage structure in the rear. All we're
to do is renovate the garage structure uh to create again essentially an in-law suite it's
not a massive structure by any means but because of the fact that we are creating an in-law suite
we do have some technical refusals here uh first uh the garage structure uh shall not exceed uh
well here's the accessory structure for residential use shall not exceed 130 square feet and shall not
see 15 feet in height, whereas the plan is proposed 558 square feet and 23 feet in height.
We actually met with the community on multiple occasions. We received their support by agreeing
to reduce slightly the size and the height of the structure. Now our structure is going to be 509
square feet building width, excuse me, building footprint, and the height is going to be 18 feet,
eight and a half feet uh the second refusal is the accessory dwelling unit are not permitted in
rsd3 zoning district again all we're trying to do is create an accessory building as an in-law suite
on this pretty massively sized property uh which is over seven thousand one hundred nine square
feet of lot size uh third refusal uh the floor area of an accessory dwelling unit may not exceed
800 feet, whereas 1116 square feet is proposed. Again, because we're reducing the size of the
building structure footprint, we're reducing the size of the overall building size,
and now the building size is 1,018 square feet. So we're going closer to the code requirements
and getting community support in the process. And then the fourth refusal has to do with the
side yard uh 10 feet um minimum of 10 feet is required whereas proposed side yard is one feet
seven uh 1.7 feet again this is an existing uh building um where this is happening but we'll show
you that the neighboring property which actually supports us as well has it worse in terms of not
conforming with code um our letter of support from the west valley area uh neighbors you can
see unanimously supported it eight to zero and it's because of the changes we made to the project and
and it's because of the changes we made to the to the project and those changes are reflected
in the zoning board of adjustment revised proviso plans and in the one page form z1 as well which
is stamped player support from nearby neighbors 426 carpenter lane 6810 lincoln drive and 68 uh
what's called 06 Lincoln Drive, all are in support of this project, all directly adjacent to our
property, all would be directly impacted by the proposals, all in support of this project.
And then here's just a zoning map of the area. Again, we're on Lincoln Drive. We intersect
with Carpenter, and we also have McCollum, and you can see here Westview as well. But again,
Again, neighbor to the left, or to the right, to the left, and, you know, if they want to intersect us at 426 Carpenter or our own support, Google Maps perspective, and then photographs of the property.
Again, the quintessential Mount Airy house, you know, stone facades, very pretty, detached, massive lot.
This is the garage structure that which we hope to innovate and create as an in-law suite.
And you can see here, this is actually the building structure.
This is the shed that's causing the side yard exception.
And that's a pre-existing structure right there.
Existing view from the driveway,
proposed view from the driveway, as you can see,
we're just expanding out just a tiny bit,
de minimis to create an in-law suite. Existing view from the sidewalk, proposed view of the
sidewalk. And then you can see the, you know, from aerial, this is our property, but here's
the building structure that's on 426 Carpenter. They would also run afoul of that side yard
requirement as well. Then Lincoln Drive from a different angle. Again, this is the building
structure we're talking about that would run a foul of the side driver requirements
and then our plans and drawings just a rendering again simply two-story structure
uh light and air hidden in the back really not causing any issue with anyone
different view from the south neighbor view from the west neighbor uh our site plan
uh the materials i have the architect online if you want we can have uh the architect also
discuss the materials that we're using but it's just stone wood things that you would think of
in mount area section of Philadelphia and then it's just a very very simple floor plan you walk
in you have an open floor plan living room dining room kitchen half bath you go up a flight of steps
it's just a master suite it's a one bedroom one and a half bath uh unit and then we met with the
community on multiple occasions first time may 4th second time was within the past week uh where we
showed our revised drawings where they unanimously supported it 34 neighbors were notified of this
community meeting name the addresses that were notified proof of mailing
application for appeal that the attorneys followed with the zoning board of adjustment
including the notice of refusal and the project information form
deeds of the property showing that the attorneys are the owners of the property
and then a certificate of tax funds that being said i'm going to stop sharing my screen
i'm going to have uh mr cherny virtually raise his hand so he can get that my testimony
hi could you state your name please and spell for the court reporter
hi it's alissa cherny actually e-l-y-s-s-i last name cherny c-h-e-r-n-e-y
do you swear affirm to tell the truth the whole truth and nothing but the truth
yes proceed mrs cherny you heard everything i stated today
yes and is it true and correct correct and do you adopt it as your own testimony
yes all right thank you questions from the board no mr chairman no mr chairman no mr chairman
questions or comments from the virtual audience so mr charles richardson has his hand raised i
have allowed him to speak hi mr richardson you've already been sworn so you can testify
You can testify.
Councilwoman has no objections.
Councilwoman has no objections to granting the variance.
Thank you.
Thank you.
Thank you very much.
Thank you very much.
Anyone else in the virtual audience?
See Northern House, Mr. Chair.
Planning Commission.
This is Ron Bednar, City Planning.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
The proposal is consistent with the comprehensive plan.
proposals to encourage accessory dwelling uses in the upper northwest. The dimensional variances
are related to the size and location of the existing structure. Therefore,
City Planning Commission recommends that the board approve the use variance. Thank you. MI
Stamped June 8, 2022.
Carol Tennery, my vote is yes with proviso.
Thomas Holliman, my vote is yes with proviso.
James Snell, yes with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Thank you very much.
Is there anyone in the virtual audience whose case hasn't been heard from the 2 o'clock list?
okay we're going to take a five minute break and then we'll come and do the 3 30 list we only have
a few cases okay right good afternoon my name is bill bergman and i will be chairing the 3 30
scheduled meetings for the zoning board with me is carol tenere our vice chair
Present
Ismail Shahid, our board secretary
Present
Thomas Holliman, our board member
Present, Mr. Chair
James Snell, our board member
Present, Mr. Chairman
Also here is our executive director, Tanya Sunkit
And our board attorney, Hillary Emerson
Here is our virtual format
Be advised, the proceedings are being recorded
By participating, acknowledge your agreement to be recorded.
The video will be available by contacting TanyaSunkett at phil.gov.