I'm a photographer and we pay, I paid my net profits tax.
They sent a letter saying that my husband owed that same amount of money.
I sent them the check that they deposited in April.
So, so I, I, I think, I think the issue is in our councils on the phone.
I think the only thing we look at is the taxes on the property.
No, that's all. Yeah. That's fine. That's totally fine.
Hilary, we're right with that. Right, Hilary?
That is correct, Mr. Chair.
Okay. So we're good with, don't worry about your, well,
and worry about your personal taxes, but we're just worried
about the property, okay? Yeah, I'm not worried about it.
It's just taking a long time, and I'm like, oh, okay.
All right, good. All right. Yeah.
Okay. And I think that's
the documents we've talked about.
All right, thank you. Questions from
the board? No,
Mr. Chairman. No, Chair.
No, Chair.
Questions or comments from our attorney,
Hillary Ambers?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I do not see any hands, Mr. Chair.
Okay, Planning Commission.
Good afternoon, Chair.
good afternoon chair peter bernard for the planning commission
peter just for the record spell your name okay p-e-t-e-r b as in boy a as in apple r as in
roger n as in nancy a as in apple r as in roger d as in dog you swear or firm to tell the truth
the whole truth and nothing but the truth i do chair please proceed the comprehensive plan
recommends no change to the existing RSA 5 residential single-family zoning at this location.
The proposed variance is for occupied area within 10% of what the zoning code requires. According
to the City Planning Commission staff's internal policy, we feel this is a minor variance in keeping
with the spirit and intention of the zoning code. Accordingly, the Planning Commission recommends
of the board grant the proposed dimensional variance for occupied area.
Thank you. MI 2023-005-359-118 Carpenter Street, I vote yes.
Thomas Holliman, my vote is yes. James Snell, my vote is yes.
okay you have your votes you have three votes that's the all the votes you need
oh thank you thank you all right thank you thank you all right um number one on our regular list
MI 2023, 004-551-241 East Gerard Avenue.
There's a letter of support from the Fishtown-Kensington Area Business Improvement District
and a letter of support from Fishtown Neighbors Association, which was the coordinating RCO.
Zen Jin is the attorney.
Zen Jin has been promoted to panelists.
Good afternoon, counsel.
Good afternoon.
You've already been sworn.
Just for the record, state your name.
Yes, my name is Zen Jin, Z-H-E-N-J-I-N.
Right.
And for the record, could you identify your client in relationship to this property?
My client is Mr. Daniel Angarianto.
He's the owner of the property.
Right.
And our vice chair has a question.
Isher, you on?
I'm sorry, Chair.
I was going to say, Mr. Shahid is having some audio issues.
We're trying to work those out.
Thomas, could you take care of this for me, please?
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
I will stipulate that it's a referral, but that it is accurate.
Did you email all of the exhibits and documents as required five days in advance to this hearing?
Yes. Thank you. Please proceed. Show your screen. Thank you. I'm going to share with the board the
information previously submitted in support of this application.
If the board could just bear with me for one second.
Can my exhibit be seen by everyone? You can, sir. Thank you. Good afternoon. Again, this is an
application for 241 East Girard Avenue. This is a referral. The property is actually located in the
CMX2 district, but a takeout restaurant and sit-down restaurant use is a special exception
in this district. The application itself is for the use of the first floor and basement portion
of the building as a restaurant. The applicant met with both the Fishtown Neighbors Association
as well as Fishtown Kensington Area Business Improvement District, and we have obtained
support from both organizations. This is essentially a cafe restaurant. My client
bought the property. It was at one point a pizzeria. However, thinking that before it was
a pizzeria and that there's no issues to simply convert it to a cafe, he went ahead and did the
work and converted and opened. At which point, license and inspections came and issued a
violation and shut him back down, saying no, despite the fact that it is a CMX2 district,
it is a special exception, and you didn't get the zoning permit. So we went back and applied for
the permit and went through the process with the community the restaurant is already fitted out
it is basically a renovation of the existing space into the new concept
the menu is mostly indonesian style food with cafe and food and was
uh indonesian style food with cafe and food and was uh and he served both breakfast uh lunch and
dinner and was well received by the community before he was actually shut down uh we're hoping
with the board's approval we will be able to talk to license inspections and have him reopen in the
near future from the design standpoint i'm going to zoom in and then move over to the layout from
the design standpoint, the property itself, the basement is mostly for storage. The first
floor is basically seating towards the front with an entryway to the restaurant and a separate
entryway to the second floor residential unit. The kitchen and restroom areas are towards
the back, and they do have a rear yard space as well. The storage of the trash would actually
be done through the back area, but it will be brought out to be picked up by commercial trash
pickup in the front. And again, we have the prep area, part of the prep area is in the basement
of the property as well. So from a standpoint of impact to the community required by special
exception. We have worked out a trash management plan with the community's review, and they're
satisfied that trash would be handled in a way that is consistent to what the community is looking
for in the neighborhood and from other businesses of its similar nature. So we do not believe with
the use that we're asking for at this location, it would pose a greater impact than normally would
be expected of a use of this nature. So with that, we were able to get support from both
organizations, and we would ask the board's favorable review of this application. I believe
my client is here to verify my testimony, and I'm happy to redirect to any part of the exhibits for
the board. Daniel Angriotto. Yeah, Daniel, if you're there, can you please raise your hand
virtually to be identified hello they have been allowed to speak hi sir could you state your name
and spell please for the court stenographer my name is daniel angrianto d-a-n-i-e-l
Last name
Angry Anto
A-N like an N-C
Robert I
Like an N-C
T like a time O
Like Oscar
You swear or affirm to tell the truth
The whole truth and nothing but the truth
Yes I do
Please proceed counsel
Thank you
Daniel did you see my presentation
And hear my representation to the zoning board
Yes, I did.
Can you verify that what I have represented and testified to before the board is true and correct and adopted as your own testimony?
Yes, I did.
Thank you.
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
not at this time mr chair questions or comments from the virtual audience
mr chair i have a murray goods black with their hand raised
okay i will allow them to speak at this time
all right could you state your name please and spell for the court stenographer
yeah hello my name is murray goodesplat that is m-u-r-r-a-y goodesplat g-u-d-e-s-b-l-a-t
right do you swear we're firm to tell the truth the whole truth nothing but the truth
i do sir please proceed um i do want to say that uh as a member of the community
I really like this restaurant. I like the owners. I like their old restaurant as well.
And I would really appreciate it if you guys allowed them to open up and continue their business.
Thank you for taking the time to close. We appreciate your input.
Is there anyone else in the virtual audience?
Somebody's selling you a bath.
I see no answer this time, Chair.
Hi, Planning Commission.
good afternoon chair peter bernard for the planning commission the comprehensive plan
recommends no change to the existing cmx2 commercial mixed use zoning at this location
the applicant has shown that the proposed eating and drinking establishment would have no detrimental
impact beyond what might be expected from this use this accordingly the planning commission
Accordingly, the Planning Commission recommends that the board grant the proposed special exemption for eating and drinking establishment.
recommends that the board grant the proposed special exam
Thank you. MI 2023-004-551-241 East Sherrod Avenue, I vote yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
Thank you.
Thank you.
Thank you, sir.
Number two, MI 2022-000295-601 West Cliveden Street.
Meredith Ferlinger is the attorney.
A letter of support from the West Mount Airy neighbors.
Chair, she'll be coming back in as a panelist now.
Sure, thank you.
Thank you.
Hi, Chair.
This is Tanya.
Can you? I just wanted to check and see if Ishmael can speak to me.
Sure. Ish?
Can you hear me now?
Yes. Thank you very kindly, Chair.
Thank you. Thank you. Thank you both.
Good afternoon, counsel. Just for the record, could you state your name and spell for the court reporter?
Sure. My name is Meredith Ferliger, F-E-R-L-E-G-E-R, with Dolworth Paxson, 1500 Market Street, Suite 3500E.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Will you identify your client in a relationship to the property?
Sure. My client is Downing Cliveden, LLC, the owner of the property.
We did include the deed at Exhibit 3.
And our vice chair has just a few questions for you.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate towards accuracy?
i do there are some changes to the request which i will address in my presentation but the refusal
as it exists currently is accurate no problem i'm just uh have you emailed in all the required
documents and exhibits that is needed five days prior to this hearing i have thank you please
proceed thank you and i hope you can see my my shared exhibits we can thank you uh mr chairman
members of the board, as I referenced, the request that we are making today has been considerably
reduced so that the nature of the request today is merely to correct a long-standing unit count
discrepancy. So I will keep this brief unless the board does have additional questions at the end of
the presentation. By way of history, the zoning application before the board today was first
initiated by the prior owner of this property back in 2021. You can see that on the refusal.
That initial request was twofold. First, as you'll see on the refusal I have up at Exhibit 1,
the first part of the application sought to correct a unit count discrepancy. L&I's records
show that this property has 58 units, where 60 units actually exist. Second, the former owner
was looking to add an additional five units at this property. When my client purchased the property,
we sought to resume those efforts. As a result of community discussions, my client has agreed to
forego the additional five units. And instead, the only request before the board today is the
legalization of those two missing units. As you referenced in your introduction in your packet
at tab 13, there is a letter of support from West Mount Airy Neighbors specifically for this
legalization request and based on the discussions that we had and the understanding that they were
not going to be seeking those additional five units anymore. By way of context, the zoning map
I have shown up on the screen at Exhibit 5 shows that this property at 601 West Cliveden Street
is just off the corner of Lincoln Drive and West Cliveden Street. Despite the property's